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California Home Act

Senate Bill 9  

SB9 is a California legislation that took effect in 2022.  It allows by-right subdivision of single-family lots into 2 parcels and builds up to 4 residential units in urbanized areas. There are limited constraints and exceptions to the application of SB9 law allowing streamlined city permits.  It simplifies the city permit and creating a new property title.

No need to go to the  City Council!

No need to hire expensive lawyers!

​It is an administrative process!

​Yes, it is applicable throughout California!

How does 2X2 work

SB9 allows two development options:

  • Two-unit Development: Under SB9, up to two homes are eligible on every single-family home parcel. These can be a combination of an existing home and a new home or two new homes.​

  • Urban Lot Split: SB9 permits the one-time subdivision of a single-family parcel into two parcels. This can involve either dividing the lot with the existing home and creating a new lot in your yard or demolishing the existing home to establish two new lots.​

Therefore, you can split the existing parcel into two parcels and then build two residential units on each.    

Steps to SB9

01.

Check
Eligibility

Check eligibility of your parcel to ensure compliance with state regulations. These criterias related to the environment, tenancy, and zoning. 

02.

Site
Feasibility

Understand how the new unit will be added in relation to existing house and where to divide the lot. Calculate return on investment- live, sell or rent? 

03.
Technical Documentation

Get site survey, finalize the lot-split, prepare the application and technical drawings based on the  SB9 checklist provided by your city. 

04.
Apply for
City Permits

 Submit SB9 application to your city planning with necessary documentation for review. Gain city approval on the
sub-division map. 

05.
Record Title
 

Based on City’s approval, record newly created property with County and get a new APN. 

Now you have new address!

What are the limitations

It is unusual, but yes, SB9 has very few limitations and regulations- it is truly made to encourage homeowners to become small developers. It simplifies the city permit process for subdividing a single-family home parcel if the parcel meets all the eligibility criteria. The proposed project  must abide by the following rules:

  1. The proposed development should meet local standards related to front setbacks, FAR, ground coverage, and maximum height. Only 4ft of setbacks are required from the side and read the property line. Development standards do not apply to 

  2. The lots should be approximately equal, and none of the parcels should be more minor than 40% of the original parcel (the 60/40 rule).

  3. Accessory dwelling units (ADUs) and junior dwelling units (JDUs) count towards the four-unit limit.

  4. All units must have vehicular access

  5. Parking requirements are based on one existing transit in the vicinity. 

  6. The lots must be used for residential purposes only.

 

Local jurisdiction and site attributes may lead to additional regulations, which need to be strict on a case-by-case basis. A local jurisdiction may deny an application if your property does not meet the eligibility criteria listed below. 

 

What are the eligibility criteria?

Environmental 

Risk Mitigation

and Protection 

The environmental factors include risks from fire, flood, and earthquakes. The study also considers the protection of natural habitats and agricultural land. The parcel must be located in urbanized areas and be free of environmental risk factors.

Regulatory

Zoning and
Parcel area 

SB9 applies to residential parcel parcel zoned for single-family residential. Some cities may allow SB9 on other residential zoning designations. The parcel area should be a minimum of 2400 sqft before subdivision. 

Cultural and Social

Current use
and History

State law regulates factors related to current use, tenancy, and future intended use and protects historic properties from demolition. Eligibility under these criteria must be studied on a case-by-case basis. 

Disclaimer

Information on this page is distilled; please read the SB9 Bill text on the official government website for all details. 

Lets Connect

We offer a free consultation to review your property's eligibility for SB9 and answer any questions you may have about the process. 

Contacts

Forward City Labs

Design, Planning and Development Consulting Services

925.436.2283 (o)
SB9@forwardcitylabs.com

 

San Jose Downtown,
WeWork, 333 West San Carlos Street, San Jose, CA 95110

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