Everything you need to know about SB 9 in Los Angeles.

Introduction

The City of Los Angeles has just released a memorandum on Senate Bill 9, the controversial state law that allows home owners to split their lot and/or build a second home on their property.

LA plans to adopt an official ordinance on SB 9 later this year. Until then, the memorandum offers guidance to homeowners looking to develop their property with SB 9.

In the following guide, we’ll give you the key take-aways and details on LA’s SB 9 rules and offer a glimpse into the future of Senate Bill 9 in the city of angels.

For more information about SB 9 in Los Angeles, read its SB 9 City Guide. You can also compare LA's grade to other cities in the county and read recent SB 9 news articles.

Memorandum Overview

Zoning

• Eligible zones: A1, A2, RA, RE, RS, R1, RU, RZ, RW
• Ineligible: wetlands, floodways, conservation areas, habitat areas, historic properties
• Possibly eligible: Coastal Zones, Very High Fire Hazard Severity Zones, Delineated Earthquake Fault Zones

Occupancy

• Residential use only
• No short-term rentals (minimum 30 days)
• 3-year owner occupancy required for lot splits

Demolition/alteration prohibited for the following:

• Registered affordable housing
• Rent stabilized housing
• Current or former (within the last 3 years) rental housing

Allowable units

• ADUs and JADUs not permitted on parcels that utilize both the UrbanLot Split and Two-Unit Development provisions of SB 9
• Two Unit Maximum for all Lot Splits (including ADUs and JADUs)
• ADUs or JADUs permitted for Two-Unit Developments with no Lot Split

Development requirements

• No special size or floor area restrictions for SB 9 units (consistent with zoning code)
• 4’ side and rear setbacks; front yard setbacks must comply with zoning code

To see if your property qualifies for Senate Bill 9, use our free search tool.

Memorandum Details

Los Angeles’s memorandum on Senate Bill 9 can be broken into four distinct categories: zoning, occupancy, allowable units, and development requirements.

Zoning

If you want to develop your LA property with SB 9, you'll need to have the proper zoning. Senate Bill 9 is limited to single-family residential zones only. In the city of Los Angeles, these zones are A1, A2, RA, RE, RS, R1, RU, RZ, and RW. If your property is in a different zone, you won't be able to pursue SB 9.
For a more in-depth analysis, read our blog post on SB 9 zoning in Los Angeles.

In order to protect the environment, sensitive sites are prohibited from utilizing SB 9. These sensitive areas include floodways, wetlands, conservation and habitat areas, and historic districts.

Properties within coastal zones need to apply for a Coastal Development Permit prior to SB 9 approval. All coastal zone developments are subject to the requirements of the California Coastal Act.

Properties within Delineated Earthquake Fault Zones are eligible for SB 9, provided the developments comply with all applicable seismic protection building code standards.

Very High Fire Severity Zones may also be eligible, as long as they meet certain fire mitigation and prevention criteria.

Occupancy

Senate Bill 9 was introduced to help solve the affordable housing crisis. As such, all SB 9 units are limited to residential use only. Additionally, no short-term rentals are allowed, as all rental or lease terms must be a minimum of 30 days.

All lot split applicants must sign an affidavit stating they intend to live on one of the lots as their primary residence for a minimum of three years following the lot split.

To help protect renters, the sate law prohibits demolition or significant alteration of rent controlled or price stabilized housing, as well as any housing that has been used as a rental within the last three years. No SB 9 development is allowed for any properties that have evicted tenants within the last fifteen years.

Learn more about SB 9 occupancy requirements.

Allowable Units

In Los Angeles, you can build up to four units on your property with SB 9. On Two-Unit Developments that do not include a Lot Split, homeowners are allowed two primary units (two single family homes or one duplex), plus an accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU). Lot Splits may have up to two units of any kind (including ADUs and JADUs) on each lot, for a total of four units across the two lots. No ADUs or JADUs are allowed on properties that utilize both the Lot Split and Two-Unit Development provisions of SB 9.

Development Requirements

In keeping with the state law, each parcel resulting from a Lot Split must be 40-60% of the original lot’s size. Each lot must be a minimum of 1,200 square feet.

The memorandum does not impose any special height or size requirements for SB 9 developments, as some city ordinances have. Instead, the height and size of SB 9 units will be determined by the property’s zoning code. Cities cannot impose a maximum unit size of less than 800 square feet.

Los Angeles requires 4’ minimum side and rear setbacks for SB 9 projects, and front setbacks must comply with the zoning code. However, if the required front setback would prevent up to two 800-square-foot units from being built, it may be encroached upon to the degree necessary to complete the project.

The future of Senate Bill 9 in Los Angeles

The memorandum is only temporary, and will eventually be replaced by a permanent ordinance. At this point, we can only speculate as to how permissive or restrictive the ordinance will be. The memorandum, however, closely resembles the state law. As long as the ordinance doesn’t turn out to be significantly more restrictive, it seems as though Los Angeles is welcoming SB 9 development.

California’s housing crisis is particularly bad in Los Angeles, and the city needs to do whatever it can to build more homes. Senate Bill 9 will help put new houses on the market and increase options for renters and aspiring homeowners alike.

Homestead Can Help

If you’re interested in pursuing Senate Bill 9, consider having Homestead help with your lot split. Try our search below to see if your property is eligible.