SB-9 (ATKINS, 2021-2022)

SB-9 (ATKINS, 2021-2022)

SB-9 (ATKINS, 2021-2022)

On September 16, 2021, the Governor approved Senate Bill No. 9 (SB-9). The goal of this bill is to help combat the housing crisis by encouraging small-scale residential development on eligible lots (see “Eligible Lot Determination” below) through streamlining the process for construction of up to two primary dwellings and/or subdivision of an existing lot. As such, this bill has two main components.

 

  1. Development Component (Construction of Two Primary Dwellings): Construct up to two primary dwellings on an eligible lot

 

  1. Subdivision Component (Lot Split): Subdivide an eligible lot of at least 2,400 square feet into two lots

 

This serves as a guide on SB-9 regulations and is specific to residential development under SB-9. This guide does not replace or supersede the provisions of applicable laws, codes, and policies. Where the information in this guide conflicts with applicable laws, codes, and policies, the provisions of the applicable laws, codes, and policies shall control.

 

Full text of SB-9

 

RESIDENTIAL DEVELOPMENT

 

An applicant may use one or both components of SB-9. If only the development component of SB-9 is used, an eligible lot could qualify to be established with up to one accessory dwelling (ADU) and one junior accessory dwelling (JADU). The table below provides examples of the maximum residential development potential based on the various development scenarios. The examples listed below are not exhaustive, as other combinations of dwelling unit types are possible.

 

Example Maximum Residential Development Potential

Development

scenario

Number of

primary dwellings

Number of

ADUs

Number of

JADUs

Total number of

dwellings

Eligible lot uses development component only

2

1

1

4

Eligible lot uses subdivision component only

2

(1 per lot)

2

(1 per lot)

0

4

Eligible lot uses both

components

4

(2 per lot)

0

0

4