New California laws make it easier to split a lot and add a unit

A new set of California laws went into effect in January that will impact the housing market here in San Diego.  California Senate Bill 9 is one of the new laws and it makes it easier for property owners to create a duplex or subdivide a property into two lots and build up to two units on each lot for a maximum of four units.  In essence this new law loosens zoning restrictions for single-family lots.   

If you own a property with a large lot chances are you have given thought to adding a second unit to maximize the usage of your lot space.  You might also have assumed that although it would be nice to have another unit on the property, ultimately it will be too difficult to get the project approved by the county.  The red tape and strict zoning laws here in San Diego will make it too costly or even impossible.  Well, SB-9 might make that dream a reality.  

The new California laws that are in effect as of January take aim at easing some of the zoning restrictions for single family properties.  These laws have quietly been enacted and have paved the way for many property owners to take advantage of loosened restrictions.  SB9 specifically addresses city and county restrictions on lot splits and 2 units.

Here are some of the key guidelines for you to know about SB9 and how it may impact you:

Effective January 1, 2022, cities and counties will have limited rights to restrict an owner from building 2 units on a lot zoned for single family residential purposes.  Some key elements of the new law include:   

1. Applicable only to urban areas;  
2. No demolition of housing if: (i) lower income, (ii) rent control, or (iii) rented in last 3 years; 
3. Owner cannot have removed property from rental under Ellis Act in the last 15 years;  
4. Not in a historic district; and  
5. No demolition of 25% of exterior existing walls, with exceptions.  

Local agencies may impose objective standards, BUT 

1. Must allow 800 sf minimum for each unit; 
2. No additional set-backs required for existing structure; 
3. Parking requirement no more restrictive than one off-street per unit (no parking required if near car-share or ½ mile of transit corridor or major transit stop); 
4. Must prohibit short-term rentals; and 
5. May prohibit ADU if also lot split.  

Effective January 1, 2022, cities and counties have limited rights to restrict an owner from splitting a property zoned for single family residential use into two parcels.  Some key elements of the new law include:   

1. Approximately equal lots (no greater difference than 60-40 split); 
2. Both parcels at least 1,200 sf; 
3. No demolition or alteration permitted if: (i) lower income, (ii) rent control, or (iii) rented in last 3 years; 
4. Owner cannot have removed property from rental under Ellis Act in the last 15 years; E. Not in a historic district; and F. Not previously subdivided.  

Local agency may impose objective standards, BUT   

1. Parking requirement no more restrictive than one off-street per unit (no parking required if near car-share or ½ mile of transit corridor or major transit stop); 
2. May require access to public right of way; 
3. Must prohibit short term rentals; and 
4. Must require applicants to certify they will occupy for 3-years as principal residence.  

Certain properties are exempt from the law (e.g. prime farmland, those in many hazard zones, conservation land and Coastal Commission jurisdiction still applies). 

If you want more information about the new law and if your property qualifies, then you are encouraged to visit the San Diego County's SB-9 Homepage