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Would Senate bill 9 be the solutions for california's housing crisis?

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Senate bill 9 is the solutions for ca housing crisis

Senate Bill 9

Senate Bill 9 (SB 9) is a new California State Law taking effect January 1, 2022. Similar to previous state legislation on Accessory Dwelling Units (ADUs), SB 9 overrides existing density limits in single-family zones. SB 9 is intended to support increased supply of starter, modestly priced homes by encouraging building of smaller houses on small lots.

We believe SB9 will help some neighborhood especially San Francisco Bay Area evolve out from a suburban style to a mix of city style to host young professionals to start their career in the capitol of the high tech, settle down and even raising their families here.

Highlights

  • SB 9 WAIVES DISCRETIONARY REVIEW AND PUBLIC HEARINGS FOR:
  • BUILDING TWO HOMES ON A PARCEL IN A SINGLE-FAMILY ZONE
  • SUBDIVIDING A LOT INTO TWO THAT CAN BE SMALLER THAN REQUIRED MIN. SIZE
  • Used together, this allows 4 HOMES where 1 was allowed before.
  • SB 9 CAN BE USED TO: Add new homes to existing parcel Divide existing house into multiple units Divide parcel and add homes

WHAT IT CAN MEAN FOR DEVELOPMENT OF NEW HOMES

  • VACANT LOT
  • LOT WITH SINGLE-FAMILY HOME
  • LOT WITH NONCONFORMING DUPLEX*
  • LOT WITH SINGLE-FAMILY HOME AND AN ADU BEFORE

Up to 4 total units and 4 new addresses + 2 APN

  • Legally constructed but not currently permitted. Check your local ordinance for nonconforming use policies.
  • USING SB 9 WITHOUT A LOT SPLIT:
  • Without a lot split, SB 9 does not limit the number of ADUs or JADUs (B2, D2) – but other laws might.
  • SB 9 could be interpreted to allow 2 new units beyond an existing unit (up to 3 units/lot, plus any allowed ADUs/JADUs).

USING SB 9 WITH A LOT SPLIT:

  • SB 9 does not require jurisdictions to approve more than 4 units total, including any ADUs/JADUs.

SINGLE-UNIT DEVELOPMENTS

SB 9 can be used to develop single units – but projects must comply with all SB 9 requirements.

2-UNIT DEVELOPMENTS AND LOT SPLITS

  • Single-family lot (usually R-1)
  • Located in an urbanized area or urban cluster1
  • Not in state/local historic district, not an historic landmark
  • Meets requirements of SB35 subparagraphs (a)(6)(B)-(K)2:
  • PROPERTY CANNOT BE: . Prime farmland or farmland of statewide importance (B) . Wetlands (C) . Identified for conservation or under conservation easement (I+K) . Habitat for protected species (J)
  • PROPERTY CANNOT BE (UNLESS MEETING SPECIFIED REQUIREMENTS): . Within a very high fire hazard safety zone (D) . A hazardous waste size (E) . Within a delineated earthquake fault zone (F) . Within a 100-year floodplain or floodway (G+H)
  • Project would not alter nor demolish: . Deed-restricted affordable housing . Rent-controlled housing . Housing on parcels with an Ellis Act eviction in last 15 yrs . Housing occupied by a tenant currently or in last 3 yrs

Addtl. Qualifications for 2-UNIT DEVELOPMENTS

• Project does not remove more than 25% of exterior walls on a building that currently has a tenant or has had a tenant in the last 3 yrs even if the rental unit itself isn’t altered

Addtl. Qualifications for LOT SPLITS

  • Lot is split roughly in half– smaller lot is at least 40% of the original lot
  • Each new lot is at least 1,200ft2
  • Lot is not adjacent to another lot split by SB 9 by the same owner or “any person acting in concert with the owner”
  • Lot was not created by a previous SB 9 split

LIMITATIONS APPLIED 2-UNIT DEVS. AND LOT SPLITS

You are welcome to consult Mise.AI for advice and execution plan!

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