Learn all about Sacramento’s emergency ordinance on SB 9.

The City of Sacramento passed an interim emergency ordinance on Senate Bill 9, the state law that allows California homeowners in urbanized areas to split their single-family residential lot and/or build additional units on each parcel. The law requires that cities ministerially approve SB 9 projects that meet all state and local requirements.

This blog post will explain Sacramento’s current SB 9 laws and let you know what you can build in our State Capital.

When you’re finished reading, take a look at Homestead’s SB 9 City Guide for Sacramento. The guide offers a visual breakdown of the ordinance, compares grades between different cities in Sacramento County, and features local news articles related to SB 9.

Sacramento’s SB 9 Laws At-A-Glance

Zoning

• Eligible zones: RE, R-1
• Ineligible: Prime farmland, conservation and habitat areas, hazardous waste sites, historic districts and properties
• Possibly eligible: Delineated Earthquake Fault Zones, Very High Fire Hazard Severity Zones, Flood 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:

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

Allowable units

Lot split:

• 2 primary units OR 1 primary unit and 1 ADU
• Max. 2 units total per lot

No lot split:

• 2 primary units OR 1 primary unit and 1 ADU
• Max. 2 units total per lot

Development requirements

• Height and floor area ratio determined by zoning code
• Front setbacks must equal the average setbacks of the two nearest buildings; if no buildings nearby, min. 20' setback required
• No private protected tree may be removed unless it would prevent 2 800 sq ft units OR removal is authorized by a tree permit

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

Details from Sacramento’s SB 9 Guidance

Read on for more information regarding Senate Bill 9 in Sacramento.

Zoning

Senate Bill 9 is only applicable on properties located within single-family residential zones. Sacramento's single-family neighborhoods are zoned RE and R-1. If your parcel is zoned differently, it won’t qualify for SB 9 development. To determine your property’s zone, search your address on Sacramento’s Zoning and Parcel App.

The state law includes protections for sensitive ecological areas and places of historical significance. Therefore, properties located within prime farmland, conservation and habitat areas, and historic districts do not qualify for development under SB 9.

Parcels in (Very) High Fire Severity Zones and Earthquake Fault Zones may be eligible for SB 9, provided the project meets certain requirements. Clicking the links above will provide you with more information on SB 9 requirements and limitations within these zones.

Occupancy

In alignment with the state law, all SB 9 units are limited to residential use only. No short-term rentals are allowed, and in Sacramento all rental or lease terms must be at least 30 days.

Senate Bill 9 also requires urban lot split applicants to live in one of the units as their primary residence for a minimum of three years following the split.

No demolition is allowed on rent controlled or price stabilized housing or rental units. To be eligible for demolition, the unit in question must be vacant or entirely owner-occupied for the last three years.

SB 9 development is not permitted on properties that have a tenant eviction on the record within the last fifteen years.

Allowable Units

Senate Bill 9 gives property owners the option to build an additional primary dwelling unit on their lot for a total of two primary units per parcel. The state law lets cities prohibit accessory dwelling units for projects that include both an urban lot split and a two-unit (duplex) development. Cities may choose to allow ADUs and JADUs on any and all SB 9 projects if desired.

Sacramento has decided not to allow more than two units per lot. One of those two units may be an ADU, but that would mean only one primary unit is allowed. For lot splits, this allows a grand total of four units across the two lots.

Development Requirements

To qualify for a lot split, parcels must be at least 2,400 square feet prior to the split. Each new lot must be a minimum of 1,200 square feet and retain at least 40% of the original lot’s size. Although the state law allows smaller lots if the city so chooses, Sacramento has decided to keep this suggested minimum.

Sacramento’s ordinance contains no special objective design standards for SB 9 projects, and unit size and height maximums are determined by underlying zoning.

Setbacks

Senate Bill 9 requires cities to allow 4’ minimum side and rear setbacks for all SB 9 projects, but places no limitations on front setbacks. Sacramento’s ordinance dictates that front setbacks must equal the average setbacks of the two nearest buildings. If there are no buildings nearby, a minimum front setback of 20' is required.

While interior-side setbacks may be as small as 4’, the city requires 12.5' street-side setbacks. This means that for corner lots, the side facing the adjacent street must have a setback of 12.5’ or more.

In keeping with the state law, no setbacks are required for existing structures, or new structures built in the same location and to the same dimensions as an existing structure.

Landscaping

Sacramento’s ordinance includes a provision for private protected trees. Specifically, no private protected tree may be removed unless it would prevent the building of two 800 square foot units. Homeowners seeking protected tree removal will need to receive a tree permit.

Utilities

All lots must have separate utility connections, and garbage, recycling, and organic waste bins must have a designated onsite storage area that is not visible from public streets. Although this requirement in and of itself would not prevent SB 9 development, it does seem like an unnecessary hoop to jump through.

The future of Senate Bill 9 in Sacramento

Sacramento’s ordinance is certainly not the most restrictive, but it does contain some provisions that will make SB 9 development slightly more difficult than the state law intended. Thankfully, the city isn’t restricting the size or height of the units or putting unachievable limitations on lot shape.

Because Sacramento is still using an interim emergency ordinance, it is possible that their permanent ordinance may differ from the provisions outlined above. Hopefully Sacramento will loosen some of their restrictions to allow for more homes to be built with SB 9. Increasing the number of housing developments is the only way to end the California Housing Crisis, and Senate Bill 9 can really help.

Learn more with with Homestead

Are you interested in developing your property with SB 9? Search your home address on our SB 9 eligibility search tool to see if it meets the requirements. Read our SB 9 blog for articles on SB 9 implementation, project feasibility, and financing. Follow us on Twitter to stay informed about SB 9 in Sacramento and across the state.