Special considerations for SB 9 in San Diego's Coastal Overlay Zone

Intro

Senate Bill 9 is an exciting new law that allows property owners in California to split their single family residential lot and/or build an additional unit. All cities must adopt the law, but there are some exceptions and special requirements for certain sensitive ecological areas.

One of these areas is the coast. Because the vast California coast contains many delicate ecosystems, Senate Bill 9 does not override the regulations of the California Coastal Act. Some cities may choose to place further restrictions on SB 9 in coastal areas in cooperation with the California Coastal Commission (CCC).

In their latest SB 9 ordinance, the City of San Diego included special guidelines for SB 9 projects in Areas of Future Sea Level Rise (AFSLR) within the Coastal Overlay Zone. This guide will walk you through those requirements and help you understand what you can build with SB 9 if your property is within an AFSLR.

Refer to the City of San Diego’s official Coastal Overlay Zone Map to determine if your property will be affected.

Development requirements

To ensure the safety and well-being of new buildings, their inhabitants, and the environment as sea levels rise, San Diego included a number of building requirements for SB 9 projects located within these areas.

All structures must be anchored to prevent flotation, collapse, or lateral movement in case of sea level rise. SB 9 units must be built using construction methods and practices that minimize flood damage.

For the health and safety of the inhabitants, all electrical, HVAC, plumbing equipment, and other service facilities must be designed and located to prevent water from entering or accumulating in case of flooding.

New construction must have the lowest floor (including basement, if applicable) elevated at least 2 feet above the base flood elevation.

Hard shoreline armoring is not allowed. Armoring methods (including bulkheads, seawalls, and revetments, among others) are sometimes used on shoreline developments to guard against the effects of sea level rise. These approaches can help protect against property damage, but often end up causing damage to the environment.

Bureaucratic requirements

In addition to the above development requirements, there are additional bureaucratic requirements for SB 9 projects within San Diego’s AFSLR zones.

Breakaway walls must be certified by a registered engineer or architect to meet all applicable FEMA requirements. The certification must be submitted to the City Engineer before final inspection approval.

Once construction is finished, the elevation of the lowest floor must be certified by a registered professional engineer or surveyor to prove that it is properly elevated. This certification must also be provided to the City Engineer prior to final inspection approval. keep in mind the City Engineer may require a preliminary certification before the foundation inspection approval may be issued.

The property owner must formally acknowledge the following:

• the dwelling unit is located in an area of future sea level rise that may become hazardous in the future
• sea level rise could render it difficult or impossible to provide necessary services to the property
• the boundary between public land (tidelands) and private land may shift with rising seas and the development approval does not permit encroachment onto public trust land
• additional adaptation strategies may be required in the future to address sea level rise (consistent with the Coastal Act and certified Local Coastal Program)
• the dwelling unit may be required to be removed or relocated and the site restored if it becomes unsafe

The property owner also needs to inform all occupants of the above information.

Awaiting confirmation

San Diego’s ordinance is not effective in the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. For the time being, there is no streamlined process for SB 9 in the Coastal Overlay Zone until it is approved by the CCC.

Conclusion

Senate Bill 9 has the potential to help end the housing crisis by expanding affordable home options throughout the state with lot splits and duplex developments. However, it is important to consider the effects that development might have on another impending crisis: climate change.

Traditional real estate development practices can have devastating impacts on the environment. The kind of development that SB 9 will bring, on the other hand, has the potential to stall or even help reverse climate destruction.

Together with the CCC and other environmental agencies, SB 9 can help address and balance the demand for more housing with the need to protect planet Earth. Learn more about how SB 9 can help fight climate change.

If you're interested in pursuing SB 9 on your property, see if your property qualifies by searching your address on our free SB 9 eligibility search tool.