What is SB-9?
SB-9, officially known as the California Housing Opportunity and More Efficiency (HOME) Act, was introduced by state Senator Toni Atkins to help alleviate the state’s ongoing housing shortage. The bill focuses on allowing property owners to build additional housing units on single-family residential lots, essentially legalizing duplexes and lot splits on these traditionally single-family zoned properties.
In essence, SB-9 aims to make it easier to develop more housing without requiring large-scale construction projects or government funding. By encouraging infill development — building on underutilized land within existing urban areas — the law promotes more sustainable growth and increases the housing stock.
What can be built under SB-9?
SB-9 can be used to a) add new units to existing parcel, b) divide existing house into multiple units or c) divide a parcel and add units. The process requires Building Permits for construction, and Grading Approval subject to County Ordinance Code (if applicable). Applicants should speak to a Planner before submitting an application.
Restrictions
The following conditions may restrict the application of SB-9 to parcels or lots located within single-family zones or the U.S. Census-defined urban/urbanized areas:
Ineligible Conditions for SB-9:
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- Historic sites or districts, or properties listed on the State Historic Resources Inventory, or designated as local historic landmarks.
- Prime farmland or farmland classified as of statewide importance, as defined by the U.S. Department of Agriculture.
- Wetlands, as defined by the U.S. Fish and Wildlife Service Manual (Part 660 FW 2, June 21, 1993).
- Lands designated for conservation in an adopted natural community conservation plan under the Natural Community Conservation Planning Act, a habitat conservation plan under the federal Endangered Species Act of 1973, or other adopted natural resource protection plans.
- Habitat for protected species that are identified as candidate, sensitive, or species of special status by state or federal agencies, including fully protected species, or those listed under the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act.
- Lands encumbered by a conservation easement.
Hazards Requiring Mitigation for SB-9:
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- Areas designated as high or very high fire hazard severity zones, as determined by the Department of Forestry and Fire Protection under Section 51178.
- Hazardous waste sites listed under PRC 65962.5, or designated as hazardous waste sites by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code.
- Earthquake fault zones, as delineated by the State Geologist in official maps published by the State Geologist.
- Special flood hazard areas prone to inundation by the 1% annual chance flood (100-year flood), as identified by the Federal Emergency Management Agency (FEMA) in official FEMA maps.
- Regulatory floodways, as identified by FEMA in official FEMA maps.
What Are the Potential Benefits of SB-9?
1. Increased Housing Supply
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- Encourages More Housing Units: SB 9 allows property owners in single-family zones to build additional units on their properties. Specifically, it permits the creation of two housing units on each lot (duplexes), or the splitting of one lot into two smaller lots, each allowing two units, effectively creating up to four housing units on a single parcel.
- Addresses Housing Shortage: California faces a severe housing shortage, and SB 9 helps increase housing density without needing to rezone large swaths of land. It is designed to address both affordability and availability of housing, particularly in urban and suburban areas where there is high demand.
2. Streamlined Approval Process
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- Simplified Permitting: SB 9 reduces the time and complexity involved in obtaining approvals for certain housing developments. It allows for ministerial approval (i.e., not requiring discretionary review or public hearings) for projects that meet specified criteria, speeding up the permitting process.
- Reduced Bureaucracy: By bypassing local discretionary review processes (like planning commission hearings), SB 9 aims to streamline housing development and reduce delays caused by lengthy bureaucratic procedures.
3. Supports Affordable Housing Development
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- Potential for Affordable Housing: While SB 9 does not directly mandate affordability, the increased number of units in single-family zones could create opportunities for more affordable housing options. For example, smaller, more affordable units can be built in areas where single-family homes were previously the only option.
- Mixed-Use Potential: The law may encourage the development of accessory dwelling units (ADUs) or "granny flats" that could be rented at lower prices compared to traditional single-family homes.
4. Improves Housing Equity
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- Greater Housing Opportunity: SB 9 helps increase housing opportunities in established neighborhoods, which can be especially beneficial for lower- and middle-income families who are priced out of expensive urban areas.
- Affordable Infill Development: The bill facilitates infill development, encouraging more housing where infrastructure like roads, utilities, and services are already in place. This helps prevent urban sprawl and ensures more sustainable development patterns.
5. Promotes Sustainable Urban Growth
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- Reduces Urban Sprawl: By increasing density within existing urban boundaries rather than extending development into undeveloped areas (sprawl), SB 9 promotes more sustainable land use. This can help reduce pressure on farmland and open spaces while encouraging growth near transportation, schools, and other community services.
- Climate Change Mitigation: Concentrating housing in urban areas supports public transit use, reduces the need for long commutes, and minimizes carbon footprints. It aligns with California's climate goals by promoting more sustainable, less car-dependent lifestyles.
6. Empowers Homeowners
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- Increased Property Value: Homeowners in single-family zones can increase the value of their properties by adding additional housing units, such as duplexes or accessory dwelling units (ADUs), or by splitting their lots. This offers homeowners an opportunity to benefit financially from underutilized land.
- Generational Housing Solutions: Homeowners can provide housing for extended family members or others by creating ADUs, contributing to multigenerational living or offering affordable rental options.
7. Encourages More Efficient Land Use
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- Utilizes Underused Land: In many urban areas, there is significant underused or inefficiently used land in single-family zones (e.g., large yards or properties with only one home). SB 9 promotes the more efficient use of this land, making it possible to house more people on the same amount of space.
8. Helps Meet State Housing Goals
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- State Housing Mandates: California is required to build millions of new homes over the next decade to address the housing crisis. SB 9 is part of a broader strategy to meet the state's Regional Housing Needs Allocation (RHNA) goals and other housing targets.
- Statewide Impact: While local governments retain some authority over zoning and local land use regulations, SB 9 helps the state address the broader need for more housing and fosters a statewide solution to the housing crisis.
Ready to utilize the benefits of SB-9?
Bouja & Swenson Real Estate has an amazing opportunity to explore SB-9 possibilities of your own! Check out 15860 Sunnyside Avenue in Morgan Hill, listed by Alex Bouja. This 4-bedroom, 3-bathroom home was custom-built in 2000, and sits on 47,045 sq. ft. lot with SB-9 potential. Offering 3,281 sq. ft. of living space across two stories, the home features high ceilings, crown molding, dual-pane windows, and central heating and air conditioning. The entry showcases a formal living and dining room combo with a cozy gas fireplace. The kitchen includes an eat-in dining area that effortlessly flows into the family room. The main floor also includes a bedroom with an attached bathroom, and a laundry room with access to the 3-car garage. Upstairs, a versatile loft can serve as a fifth bedroom, office, or entertainment area. You’ll also find two large bedrooms and a luxurious master suite with a walk-in closet and dual-sided gas fireplace.
The expansive backyard features a pool with waterfalls, a spa, a large grass area, stone walkways, and an outdoor kitchen with a pergola. Play bocce ball on the court or cozy up around the gas fire pit. Explore the unique SB-9 possibilities for this property, which allow for the primary house plus a 1,600 sq. ft. second house, a 1,200 sq. ft. ADU, and a 500 sq. ft. junior ADU... all without a lot split! This unique feature adds even more value to this already exceptional property!
Check out our property website, http://www.15860sunnysideave.com/, to learn more.
If you want to know more about SB-9, or if your property has been identified by the county as SB-9 applicable, contact us!
Please call Alex Bouja at 408.489.0025, or Matthew Swenson at 408.655.9398.
Source: https://plandev.santaclaracounty.gov/services/planning-services/senate-bill-9
