SB 9 Urban Lot Split

Post August 30, 2023

This page provides information about using SB 9 for urban lot splits.

What Can Be Built

Senate Bill 9 (SB 9), the “California H.O.M.E. Act,” may be used to split one lot into two residential parcels using a streamlined, ministerial approval process (i.e., not a discretionary decision, and not requiring a public hearing before the Planning Commission or City Council).

SB 9 also permits property owners to build two dwelling units on each lot, with or without a subdivision per SB 9. These units can be separate (“detached”) or may be connected together (“attached” or a duplex).

For further information, please refer to the SB 9 Fact Sheet (click here) published by the California Department of Housing & Community Development.

Criteria

The following summarizes the criteria contained in Calif. Gov. Code sections 65913.4 and 66411.7.

The criteria for residential properties that may use the SB 9 Urban Lot Split provisions are listed below.

Parcel is in a single-family residential zone (R-1, R-1-D, R-S, R-A, R-A-A, R-E, R-R, or R-R-A zoning districts); and,
Parcel is not individually listed by the City of Redlands as an individually designated historic/scenic property (see list of Designated Historic Resources here), and not on the California Register of Historical Places; and,
Parcel is not within a City of Redlands listed historic or scenic district (and see district maps here); and,
Parcel is not within a Fire, Flood, or Earthquake Hazard Zone; or if within a Fire, Flood, or Earthquake Hazard Zone then the hazard will be mitigated so there are no resulting adverse impacts; and,
Parcel is not on Prime Farmland or Farmland of Statewide Importance as designated on the maps prepared by the Calif. Dept. of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction (e.g., Measure “U” and designation as Agricultural Preserve in the City of Redlands); and,
Project does not demolish or alter affordable housing (i.e., lower-income households), housing that has been rented within the past 3 years, or housing from which a tenant was evicted within the past 15 years; and,
Parcel is not listed as a Hazardous Waste Site (PRC 65962.5), or if the parcel is a Hazardous Waste Site then it has been cleared for residential uses; and,
Parcel is not under a Conservation Easement; and,
Parcel does not contain habitat for any protected species; and,
Parcel does not contain a Wetland; and,
Parcel can demonstrate adequate wastewater capacity; and
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided any adjacent parcel using SB 9.

Requirements

Several requirements pertain to SB 9 lot splits and two-unit developments, including but not limited to the following:

The current property owner is the applicant;
The parcel map subdivides an existing legal lot (not multiple proposed new lots);
The parcel map creates two (2) new lots of approximately equal area (not multiple proposed new lots);
One parcel shall not be smaller than 40% of the lot area of the original parcel;
Both parcels are between 40% and 60% of the lot area of the original parcel;
Both newly created parcels are no smaller than 1,200 square-feet;
Only residential uses shall be allowed on the lots;
Each parcel has access to, provide access to, or adjoin the public right-of-way;
Provision of any easements needed for the provision of public services and facilities;
Provide off-street parking of up to one (1) space per unit, unless the provisions of Gov. Code section 66411.7(e)(3) apply to the project site;
The property owner will be required to live in one of the dwelling units for a minimum period of three (3) years after the lot split is approved (i.e., this means that one of the lots must have a primary dwelling unit);
Any rental of any unit created by SB 9 shall be for no less than 30 days;
Recordation of appropriate deed restrictions (and easements, if applicable) on the lots;
When the lot split is approved by the City, the subdivider will immediately sign and record an Affidavit ensuring owner occupancy for a minimum period of three (3) years after the lot split is approved/recorded.
A local agency shall not require, as a condition of approval of an SB 9 lot split, the correction of nonconforming zoning conditions (see Section 66411.7(i)).
These provisions for urban lot splits cannot be combined with the provisions of Gov. Code Section 66499.41, as amended (per SB 1123 of 2024).
Accessory Dwelling Unit (ADU): Pursuant to Senate Bill 450 (now codified in Gov. Code Section 65852.21(f)), the City cannot be required to approve ADUs for those parcels utilizing the provisions of SB 9.

IMPORTANT NOTES:

1. The City may deny an SB 9 application if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact (as defined by PRC 65589.5) upon public health and safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

A. Refer to RMC Chapter 15.30 for hazard mitigation and methods of construction in a high fire hazard zone.

B. Refer to RMC Chapter 15.20 for additional local fire code requirements.

C. Refer to RMC Chapter 15.32 for hazard mitigation and methods of construction in a FEMA flood hazard zone.

2. For residential units connected to an on-site wastewater treatment system, the City may require a percolation test completed within the last 5 years; or, if the percolation test has been recertified, within the last 10 years.

3. The City of Redlands subdivision ordinance (RMC Section 17.17.020) requires:

A. Each lot within a subdivision shall be served by an approved domestic water and sanitary sewer system, as well as sewer, gas, electric, telephone, and cablevision (if applicable) facilities; and,
B. Existing and proposed utilities within a subdivision shall be placed underground.

It is imperative that homeowners coordinate early with utility providers in their project planning to confirm service availability and connection requirements that may affect project constructability. Easements and/or utility relocations are often required in situations where a proposed lot split would:

Locate an existing accessory structure (e.g., ADU, garage, etc.), which shares utilities with the main residence, onto a separate lot.
Establish a landlocked parcel that has no legal access to a public right-of-way and/or utilities.
Interfere with existing utilities, infrastructure, and/or easements.

How to Apply

Submit a Development Application:

Use the Development Application Form (submittal requirements and instructions are included).
Include the SB 9 Supplemental Application Form.
Forms also available here: https://www.cityofredlands.org/post/planning-permits

Submit the completed forms, project plans (parcel map, and site plan if applicable), and all required submittal items to the Planning Division counter in the One Stop Permit Center.

Development Application Filing Fees:

Planning Division application fee: $3,074.00
Engineering Division processing fee: $ 774.00
TOTAL = $3,848.00 (may be combined on one check)

All Projects:

Completed and signed Development Application Form (for ministerial review)
Completed and signed Supplemental Application Form
Most recent Grant Deed that identifies the current property ownership
Evidence of vacancy or owner occupancy (such as: property tax records, income tax records, utility bills, vehicle registration, or similar documentation).

In addition, the following items are required for TWO-UNIT DEVELOPMENT applications:

Fully dimensioned Site Plan, drawn to scale and containing all information required for site plans as described in the Development Application Form (i.e., ministerial review).
For properties with on-site septic systems: A Percolation Test conducted within the last 5 years; or, a recertification obtained within the last 10 years.

In addition, the following items are required for URBAN LOT SPLIT applications:

Chain of title for the last three (3) years, including the latest vesting deed or title report.
Numbered Parcel Map, prepared to the specifications of the Subdivision Regulations (RMC Title 17) and the Subdivision Map Act, for ministerial review.
Signed and notarized Affidavit guaranteeing Owner Occupancy for a minimum of three (3) years from the date of map recordation. Please contact the assigned staff Planner (after you have filed your application) as soon as possible to obtain the required Affidavit form, and return the signed affidavit within 30 days of application filing.

Notes About Construction Permits:

Building Permits: A separate application for one or more building permit(s) would need to be submitted to the Building & Safety Division (after SB 9 subdivision approval) in the One Stop Permit Center.

Grading Permits: If any grading permits are required, then a separate application for a grading permit would need to be submitted to the Engineering Division (after SB 9 subdivision approval) in the One Stop Permit Center.

Impact Fees

New developments often require the payment of Development Impact Fees (DIF) to offset the impacts of such development on public facilities and public services.

For further information about current Development Impact Fees (DIF) including the nexus study, please go to the Municipal Utilities & Engineering Department webpage here:
https://www.cityofredlands.org/post/development-impact-fees

Information about other types of fees (such as for Plan Check, permits, processing, inspections, etc.) are also available on the website listed above.

Related Links

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