Senate Bill 9 (SB 9)

WHAT IS SENATE BILL 9?

The State of California adopted Senate Bill 9 (SB 9) in September 2021, which allows for urban dwellings and urban lot splits. The changes, which became effective on January 1, 2022, required local agencies to ministerially approve applications to subdivide single-family residential (R-1) zoned lots into a maximum of two lots and allow for the construction of two units on each new lot. A ministerial approval means that no public hearing, noticing, or discretion is involved in the review and approval of the project. Please click here for a copy of SB 9.

On January 25, 2022, the Rosemead City Council adopted Urgency Ordinance No. 1005 to comply with the new State provisions for implementing Senate Bill 9.

SB 9 seeks to expand housing construction in certain single-family residential zones. However, this law contains several detailed conditions, exceptions and allowances that apply to the permitting of urban dwellings, urban lot split, or both.

• Applies only to the Single-Family Residential Zone (R-1)
• Requires ministerial approval of:
o Urban Dwellings
o Urban Lot Splits

Urban Dwellings

• Limiting the Number of Units: The amendment will limit the maximum number of units permitted for urban dwellings. A proposed urban dwelling development shall contain no more than two units. In addition, State law prohibits a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.

• Deed Restricted Affordable Housing and Rental Housing: SB 9 projects may not demolish:

• Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
• Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
• Housing that has been occupied by a tenant in the last three years.

• Limits on Demolition: SB 9 projects must not demolish more than 25 percent of the existing exterior structural walls unless the property has not been occupied by a tenant in the last three years.

Urban Lot Splits

•  Limiting the Number of Units: The amendment will limit the maximum number of units permitted for an urban lot split. An urban lot split can contain no more than two units. All (existing or new) Accessory Dwelling Units (ADUs) and Junior ADUs will be counted towards the maximum number of units. An urban lot split shall contain no more than four residential units, two per lot. State law prohibits a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
  
  
• Size and Number of Parcels: The amendment will limit urban lot splits to no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. Both newly created parcels created by an urban lot split must be no smaller than 1,200 square feet.
  
  
• Existing Structures: State law imposes no setback requirements for an existing permitted structure, or a structure constructed in the same location and to the same dimensions as an existing permitted structure.
  
  
• Owner Occupancy: The amendment will require property owners to sign an affidavit that the applicant will occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This requirement does not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.

• Flag Lots: New flag lot subdivisions are prohibited in the City of Rosemead, with the exception of flag lot subdivisions created by SB 9. The amendment will include the following objective standards, which would apply to flag lots created by SB 9:

• Lot Width: All newly parcels as a result of an urban lot split shall have a minimum lot width of 50 feet.
• Lot Frontage: The lot frontage for the flag lot development shall be a minimum of 15 feet and shall be parallel to the street.

The Planning Division has created a handout to assist property owners with development standards for SB 9. To view the handout, please click here.

An administrative site plan and design review must be submitted for review to the Planning Division prior to submitting for a Building Permit (as part of Building Plan Check process) to ensure compliance with the zoning regulations.

If you would like information on how SB 9 may affect a specific property, please contact the Planning Division at (626)569-2140.