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1. What is SB 9?

Senate Bill (SB) 9 is a California State Law which took effect on January 1, 2022. SB 9 creates new opportunities for infill housing by requiring cities to ministerally approve projects meeting certain criteria.  

2. How do I know if I can develop my property under SB 9?

There are several qualifying criteria for development under SB 9 in Tustin:

1. For both development types, an eligible parcel must be in a single family residentially zoned area.
2. May not be on a parcel with an affordable or deed restricted unit.
3. May not be located in a high or very high fire hazard zone. 
4. May not be a historic landmark or in a historically designated Historic District – In Tustin, this criteria results in the exclusion of single family parcels located in the Old Town Area. 
5. For Urban Lot Splits - The parcel may not be associated with a previous SB 9 lot split or adjacent to another lot split pursuant to SB 9.  
6. Two-unit developments may not involve the demolition of more than 25% of a dwelling, if it has been occupied by a tenant in the last 3 years.

3. Is there a map where I can check if my property can be affected by SB 9?

Yes, you can click on this link and type in any Tustin address to check. 

4. How many units can I build?

The City of Tustin’s SB 9 Ordinance defines development opportunities for both two-unit developments and urban lot splits. There are a variety of site plan layouts for both two-unit developments and urban lot splits, but in any given scenario there is a maximum of four units that can be developed. 

5. What is a “Two-unit Development” versus an “Urban Lot Split”?

TWO-UNIT DEVELOPMENTS

The diagram on the left depicts a traditional rectangular shaped single-family parcel with what is known under SB 9 as a “Two-unit Development”.   In this scenario, a property owner with a single-family home may construct a second home on the property and may also build an Accessory Dwelling Unit and Junior Accessory dwelling unit resulting in the development of a total of four dwelling units on a single-family parcel.

URBAN LOT SPLITS

The two diagrams on right depict scenarios that are under the “Urban Lot Split” category.  In these two Urban Lot Split Scenarios, the property owner may subdivide a single-family parcel into two lots and in these scenarios ADUS or JADUS are not allowed in conjunction with Urban Lot Splits.

The middle diagram shows a traditional rectangular lot split down the middle, resulting in two lots.  Each of these lots, can then be combined with the Two-unit Development concept, which may result in each lot having a total of two units.  

The diagram on the far right, depicts a “flag style” urban lot split, where access to the new lot at the rear has access to the street and/or public right of way from a narrow strip of land, resulting in the rear lot resembling the shape of a flag. In the Urban Lot Split scenarios, each lot may accommodate up to two units.

6. What are the requirements for development under Tustin’s SB 9 Ordinance?

Tustin’s SB 9 Ordinance applies to single family residentially zoned parcels. For Urban Lot Splits, the property must be owned by the applicant for a period of three years; and for Two-unit Developments, the units may not be used for short-term rentals. 

Additional provisions include:

• The SB 9 Ordinance does require dedications or off-site improvements for both types of developments.
• The City may only require one parking space per unit, and a project is exempted from parking requirements when the parcel is located within ½ mile of high quality transit.  

7. What kind of approval do I need to build using SB 9?

Development under SB 9 requires approval by the City of Tustin. Please call our Planning Division at (714) 573-3140 or email TustinPlanning@tustinca.org to ensure your project qualifies as an SB 9 development prior to submitting for Building Permits and/or a Parcel Map.  

8. My property is in the City’s Cultural Historic District, can I build on my property using SB9?

No, your property may not be a historic landmark or in a historically designated Historic District – In Tustin, these criteria result in the exclusion of single-family parcels located in the Old Town Area. Enter your address in this map to check your property’s eligibility or call or email Tustin Planning Division at 714-573-3140 or tustinplanning@tustinca.org 

 

9. Can my HOA prohibit me from building on my property using SB9?

SB 9 does not currently override the Covenants, Conditions, and Restrictions (CC&Rs) commonly used by HOAs; therefore, HOAs currently maintain the authority to either allow or prohibit SB 9 developments within their respective boundaries.

10. Will I be notified if one of my neighbors decides to build on their property using SB9?

No, since SB 9 developments are required by the State to be approved ministerially, there is no public notification or hearing required and City may not apply a requirement for discretionary action, such as a public hearing/notification, as a condition of approval.