Senate Bill 9 (SB 9)

What is SB 9?

SB 9 (Atkins) was signed by Governor Newsom on September 16, 2021 and will become effective January 1, 2022. This law requires local agencies to ministerially approve two new types of housing developments:

1) Housing developments of no more than two single-family units on a lot; and

2) Urban lot splits.

How Does SB 9 Apply to Citrus Heights?

Beginning January 1, 2022, Citrus Heights will begin accepting applications under SB9 for Two-Unit Development and Urban Lot Splits. Below is an overview of the key components of SB 9. It is important to note that information provided below may change as this new legislation is put into practice and interpretations and clarifications of the law are provided by the State Department of Housing and Community Development (HCD).

Qualifying Properties
SB 9 applies to any property zoned single-family. In Citrus Heights, this includes the RD-1 through RD-5 zones and Special Planning Areas that allow single-family residences.

Ownership & Affidavit Requirements for Urban Lot Splits
SBSB 9 requires applicants for ministerial lot splits to submit a signed affidavit confirming their intention to occupy one of the housing units as their principal residence. This requirement aims to prevent investor speculation, limit institutional investment, and protect current renters from displacement.

Properties owned by an LLC are not eligible for this process under Government Code section 66411.7. Additionally, a member of the LLC cannot apply on its behalf. According to Government Code section 66411.7(g)(1), the applicant must intend to occupy one of the housing units as their principal residence. While a member of the LLC may intend to occupy a unit as their principal residence, they cannot be the applicant because the property is owned by the LLC, not the individual member. As a result, the member cannot meet the applicant requirement specified in section 66411.7(g)(1).

Ineligible Properties
A proposed housing development or lot split is not eligible under SB 9 if the parcel contains any of the site conditions listed in Government Code section 65913.4, subdivision (a)(6)(B-K). Examples of conditions that may disqualify a project from using SB 9 include the presence of areas designated as flood zone or floodway, conservation areas, land which may be a wildlife habitat area, land which may contain special status plant species, or land with a conservation easement.

Number of Units
The legislation allows for the development of two-units on qualified properties. It is possible that a vacant property developed under SB 9 may utilize both the lot split and two-unit development provisions resulting in an ultimate build out of four units, even though the property is zoned single-family.

Development Standards
The following mandatory development standards apply to both the urban lot split and two-unit development projects:

Minimum four-foot side and rear setbacks;
No setback can be required for existing structures;
Correction of non-conforming zoning condition is not required (Urban Lot Split Only);
Easements must be provided for public services and facilities;
One parking space per unit per unit is required. Exemptions are provided in certain situations;
Project cannot alter or demolish deed-restricted units or units that have been occupied by a tenant within the prior three years; and
Units created by SB 9 cannot be rented for terms of 30 days or less. This applies to both two-unit projects under SB 9 and to properties that are subdivided according to SB 9.

Additional Development Standards for Urban Lot Splits

The lot split must create two lots of roughly equal size and one lot may be no less than 40 percent the size of the other;
Minimum lot size is 1200 square feet;
Dedication of right-of-way or construction of off-site improvements (such as installation of sidewalk where there is none) are not required;
Lots proposed adjacent to or crossed by a watercourse shown on Figure 3-1 of Section 106.30.040 shall meet the minimum lot area exclusive of the creekside setback requirements*;and
Parcels must have frontage on or direct access to a public street. To be considered direct access, the proposed lot split may allow one lot to access a public street by way of a recorded 20-foot minimum width easement.*

Additional Standards for Two-Unit Developments

Units may be attached or detached; however, attached units must be designed to meet all requirements for selling each unit individually.
The required parking space may be covered or uncovered but shall be at least 9 feet wide x 20 foot in length.*
New units proposed adjacent to or crossed by a watercourse shown on Figure 3-1 of Section 106.30.040 shall meet the creekside setback requirements.*

*These objective standards if the application of the standards precludes the development of at least two units of 800 square feet each

How do I file an SB 9 Application for an Urban Lot Split?

To subdivide a property utilizing the provisions of SB 9, an application package must be submitted to the Planning Division through the City's application portal. The application package requires several documents including a map prepared by a licensed surveyor. Review the application checklist and gather all necessary documents prior to submission of an application. It is advisable to contact the Planning Division prior to considering an application to confirm the property is eligible for the Urban Lot Split.

To file the application for the Urban Lot Split requires the payment of a $5,000 deposit. These funds are used to cover the review of the application. Following the completion of the review of the application, any remaining funds held in the deposit will be returned to the applicant.

Ordinance

The City Council adopted an Urgency Ordinance on December 9, 2021 to implement SB 9. The ordinance amended the Municipal Code as needed to address the requirements of SB 9. A copy of the staff report and proposed ordinance are provided below.

Staff Report SB 9

Ordinance

Presentation

Application forms and fees for SB 9 projects will be posted when available.