Senate Bill 9(SB-9) Lot Split

SB-9 Lot Split 

SB 9 allows homeowners to create up to four homes on an existing parcel, effectively eliminating single-family-only zoning. The law allows owners to “split” their lot, making it easier to sell or finance additional homes on a single property.

Key Provisions of SB 9

Tenant Protection: SB 9 prevents profiteers from evicting or displacing tenants by excluding properties where a tenant has resided in the past three years.

Property Eligibility:  The property cannot be located in high-risk areas, such as fire zones or flood plains, and it must be located in an urban area to qualify.

Unit Limits: A maximum number of units can be built under SB 9, depending on local regulations.

No Rent or Price Control: No rent or price controls can be applied under SB 9.

Tenant Occupancy Requirement: The property cannot have been occupied by a tenant within the last three years.

Local Zoning Requirements

When considering a property for eligibility under SB 9, homeowners must take local zoning requirements into account. These include height limits and the size ratio of the property. In addition, SB 9 includes the following requirements:

The property cannot be located in high-risk areas, such as fire zones or flood plains.

No rent or price control can be applied.

The property must not have been occupied by any tenant for the last three years.

Parcels must be located in urban areas.

Rental terms must be 30 days or longer.

The owner must agree to reside on the property for at least three years.

If the property contains protected trees, the owner must contact the Public Works Urban Forestry Division.

The property can only be split once under the California SB 9 Urban Lot Split process.

Understanding local requirements is critical when developing any property under SB 9.

Lot Splitting

A single-family zoned lot can be split into two lots, with the size of each lot being generally equal (up to a 40-60 split). Each new lot must be at least 1,200 square feet. The urban lot split process only applies to the lot split itself and does not include proposed residences or ADUs.

SB 9 Lot Split Requirements

Minimum Lot Size: The minimum lot size for an SB 9 lot split is 1,200 square feet. Each new lot must be at least 1,200 square feet or 40% of the original lot size, whichever is greater.

Lot Split: The split must result in two new lots that are approximately equal in size.

Owner Occupancy: The property owner must sign an affidavit stating that they will live in one of the units as their primary residence for at least three years.

Property Requirements:

The property must be zoned for single-family residential use.

It must be located in an urban area or cluster.

The property must be at least 2,400 square feet.

It cannot be located in a wetland, prime farmland, floodplain, conservation area, habitat for protected species, hazardous waste site, high or very high fire severity zone, coastal zone, earthquake fault zone, or historic district.

SB 9 lot splits are only permitted for homeowners, not corporations, LLCs, or other organizations.

Accessory Dwelling Units (ADUs) and SB 9 Urban Lot Split 

ADUs are often used as rental units or for multigenerational living arrangements. Under SB 9, property owners can build up to two additional dwelling units (ADUs) on a lot with an existing single-family home without requiring local government approval, as long as certain conditions are met.

 SB 9 Two-Unit Development and Urban Lot Split

SB-9 Two Development typically refers to one of the provisions in SB-9 that allows for the construction of two residential units on single-family lots, also known as “duplex” development. It also allows for the construction of two homes (duplex) on a single parcel of land, without needing to go through a lengthy zoning process or other restrictive approvals.