SB 9 and Other Subdivisions

Senate Bill (SB) 9, SB 684, and SB 1123 are key State legislative measures aimed at streamlining housing development and related subdivisions. Qualified housing development projects may apply for ministerial approval of housing subdivisions by submitting the corresponding application form, including all the information and materials required as specified.

The City has updated its Subdivision Ordinance to incorporate changes including, but not limited to, provisions to allow for small lot subdivisions and to further streamline the review of qualifying subdivisions as noted in the City Council Ordinance and the City Council Resolution on Small Lot Subdivision Objective Design Standards.

Key objectives of the Subdivision Update

  • Comply with State subdivision law, including recent legislation per Senate Bill (SB) 9, SB 450, SB 684, SB 1123, and SB 347
  • Facilitate residential, commercial, and mixed use developments by streamlining the subdivision and environmental review process
  • Facilitate opportunities for affordable housing production when a subdivision is involved with a streamlined process
  • Implement small lot subdivision procedures and standards

Lot mergers and lot line adjustments can be approved ministerially, without discretion. Small lot subdivisions can be administrative and subject to specific small lot design standards, including objective design standards. Small lot subdivisions shall not exceed the maximum density allowed prior to the subdivision. For example, a 7,500 square foot lot in the Low Density Multiple-Family Residential (RLD) zone with a 35-dwelling unit per acre (du/a) density can have up to seven apartments, or seven condominiums, or seven small lots with one unit on each lot.

SB 9 – Two-Unit Projects and Urban Lot Splits in R1 Zones

SB 9 aims to increase housing supply across the State through ministerial approval of lot splits or two-unit developments in single-family zones.  SB 450 amended SB 9, allowing for projects with 100% demolition of existing exterior structural walls to be considered ministerially. It allows local agencies to impose objective design standards applicable to the underlying zone, and removes authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment.

 

SB 684 and SB 1123 – Projects of 10 or fewer residential units

SB 684 (the Building Homeownership Opportunities Act) requires ministerial approval of a parcel map, tentative map, or final map for a housing development containing 10 or fewer lots or 10 or fewer residential airspace units, located in a multifamily residential zone on a lot larger than 5 acres and substantially surrounded by qualified urban uses. Projects approved under SB 684 are required to protect existing housing designated for low-income tenants, under rent control, and/or occupied by renters in the last 5 years and be subject to local and environmental standards.

SB 1123 expands provisions of SB 684 by also allowing vacant single-family zoned lots no larger than 1.5 acres to qualify. Additional changes allow for a variety of ownership types, such as fee simple ownership, condominiums, and tenancy in common agreements. It also requires proposed developments, not identified in the Housing Element, to result in at least 66% of the maximum allowable residential density.

Additional key eligibility criteria, includes, but is not limited to:

  • The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units.
  • The existing parcel must be zoned Low Density Multiple-Family Residential (RLD), Medium Density Multiple-Family Residential (RMD), or High Density Multiple-Family Residential (RHD); OR vacant and zoned Single-Family Residential (R1) or Two-Family Residential (R2).
  • "Vacant" does not include housing that is subject to a recorded affordability covenant, housing that is subject to any form of local rent or sales price control, or housing that has been demolished or vacated but was occupied by tenants within the five years preceding the date of the application.
  • The newly created parcels shall be no smaller than 600 square feet when in the RLD, RMD, and RHD zones; and shall no smaller than 1,200 square feet when in the R1 and R2 Zones.
  • The average total area of floorspace of the proposed housing units shall not exceed 1,750 net habitable square feet.
  • The proposed housing development shall not result in fewer dwelling units than would otherwise be allowed on the site by the General Plan Land Use Element, in accordance with the State's No Net Loss requirements.
  • The existing parcel shall not be located:
    • Within wetlands, as defined in U.S. Fish and Wildlife Service Manual, Part 660, PW 2 (June 21, 1993);
    • On a hazardous waste site that is listed per Cal. Gov't Code § 65962.5 or designated by California Health and Safety Code § 25356;
    • Within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards;
    • Within a special flood hazard area for the 100-year flood (any Zone A, Zone AO, or Zone B);
    • Within a regulatory floodway as determined by the Federal Emergency Management Agency;
    • On lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, or other adopted natural resource protection plan;
    • Within habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with § 2050) of Division 3 of the Cal. Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with § 1900) of Division 2 of the Cal. Fish and Game Code); or
    • On lands under conservation easement.

See CCMC Section 15.10.945 – Ministerial Lot Subdivisions for complete adopted provisions, including required application materials, processing timelines, and approval/denial criteria.

SB 684 Land Use Ministerial Subdivisions

SB 1123 Planning and Zoning Subdivisions

To apply for an SB 684 or SB 1123 subdivision, submit a tentative map application to the Current Planning Division.

Have any questions or need additional information?

Call the Planner on Duty Line:

(310) 253-5710

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