SB9 How To Split Your Lot In California

SB 9 is a California state law that aims to address the state's housing crisis by allowing homeowners to build more housing units on their single-family residential lots. Here are the key provisions of SB 9:

SB9 Allows Lot Splits

• SB 9 allows a single-family residential lot to be split into two separate lots.

This enables homeowners to potentially build up to four housing units (two units on each new lot) where previously only one was allowed.

Streamlines Permitting Process To Split Your Lot

• SB 9 changes the permitting process for lot splits and two-unit developments from discretionary (subjective case-by-case review) to ministerial (objective standards applied consistently).

This streamlined process is intended to make it easier and faster for homeowners to build additional units on their property.

Lot Splitting in California: Eligibility Criteria

• Applies only to lots in urbanized areas designated by the U.S. Census.

Excludes properties in very high fire hazard zones, prime farmland, wetlands, hazardous waste sites, earthquake fault zones, etc.Includes anti-displacement protections for existing tenants.

Local Control Provisions For Splitting Your Lot

• Cities can impose objective design standards like height, floor area ratio, setbacks, etc. as long as they don't preclude the lot split or additional units.

Historic districts and landmarks are exempt from SB 9 provisions.

The goal of SB 9 is to create more housing opportunities, especially for middle-income families, by allowing gentle increases in density in existing single-family neighborhoods. However, early data suggests many cities have adopted restrictive local ordinances that may undermine SB 9's intent.

How To Split Your Lot In San Diego

To split a lot in San Diego under SB 9, the following key requirements must be met:

Eligible Zones

• The property must be located in one of these single-family residential zones: RS, RE, RX, RT, or certain Planned District zones that allow single dwelling units.

• Properties in sensitive areas like conservation habitats, hazardous waste sites, historic districts, etc. are generally ineligible.

• Lot Size Requirements

• The existing lot must be at least 2,400 square feet.

• Each new lot created by the split must be a minimum of 1,200 square feet and at least 40% of the original lot's size.

Development Allowances

• After the split, you can have up to two primary dwelling units total across the two new lots. Alternatively, you can have one primary unit and one accessory dwelling unit (ADU) on each new lot.

On lots without a split, you can have up to four units total (two primary units plus two ADUs).

Other Key Requirements

• No rear or interior side setbacks are required for single-story units under 16 feet tall. 4-foot setbacks are required otherwise.

Parking is not required for the first two units, but one off-street spot per unit is required for the third and fourth units.

Two new trees must be planted per 5,000 square feet of lot area, with a minimum of one tree per lot.

The property owner must live on one of the lots for at least 3 years after the split.

The lot split process is ministerial (objective standards applied consistently), which aims to streamline approvals compared to the previous discretionary review process. However, be sure to check if your specific property meets all the eligibility criteria outlined in San Diego's municipal code for SB 9 implementation