Senate Bill 9 (SB 9)
Sb 9 Background
SB 9 went into effect on January 1, 2022, and requires cities to approve, by right, two housing units per single-family lot, and the subdivision of single-family lots into two, subject to certain qualifying criteria.
On September 16, 2021, the Governor signed SB 9 (Atkins), which adds:
- Section 65852.21 to the Government Code to require a ministerial review process for eligible development of up to two principal dwelling units on a parcel in a single-family residential zone; and
- Section 66411.7 to require a ministerial review process for eligible “urban lot splits,” to create two new parcels for residential uses in a single-family residential zone.
Key components of SB 9
The following project types are permitted under SB 9:
- Two-unit Developments: Allows for ministerial* approval of housing development containing up to two primary dwelling units on one single family; and
- Urban Lot Split: Allows for ministerial* review of qualifying lot splits, for subdividing an existing single-family zoned lot into two new parcels, also known as an “Urban Lot Split”.
*Ministerial review is an administrative review process, meaning a public hearing and public notice is not required and projects that meet the criteria shall be approved at staff level, as required by State law. SB 9 delineates the minimum requirements for certain criteria; however, the law does allow the City to develop additional objectives and reasonable development standards, as long as the local regulations do not prohibit the development of the minimum amount of primary dwelling units allowed by SB 9. Please note, that HOAs can elect to allow or prohibit SB 9 developments within their boundaries. HOA boards should consult with your legal counsel on allowing or prohibiting these new development options within the HOA’s CC&Rs.
Please use the Map link below to determine if your parcel may be affected by SB 9.
Beginning in May, the Planning Division of the Community Development Department will present a draft ordinance to the Tustin Planning Commission and City Council. These proposed regulations in the draft ordinance will provide the regulations necessary in order to comply with the new (SB 9) State law.
The following resources are provided below:
SB 9 Ordinance Adoption Timeline
- Planning Commission Meeting: May 24, 2022
>> Click here to view the meeting recording (coming soon)
- City Council Meeting: June 21, 2022
>> Click here to view the meeting recording (upcoming)
- Planning Commission Workshop: October 12, 2021
>> Click here to view the meeting recording
sb 9 maps
Check if your property is located in a single-family zone, which could be subject to SB 9 zoning regulations, by using our live mapping tool or view a map of all applicable areas. Please note, that HOAs can elect to allow or prohibit SB 9 developments within their boundaries. HOA boards should consult with your legal counsel on allowing or prohibiting these new development options within the HOA’s CC&Rs.
We encourage your feedback on the City’s process and should you have questions, please contact Raymond Barragan, Principal Planner Consultant at firstname.lastname@example.org or by calling (714) 573-3140.