Learn about San Diego’s permanent ordinance on SB 9.

The City of San Diego recently updated their municipal code to reflect Senate Bill 9, the new state law that allows property owners in California to subdivide their single-family residential lot and/or build an additional primary dwelling.

The following blog post will tell you everything you need to know about San Diego’s SB 9 laws and help you determine what you can build in America’s Finest City.

To learn even more about SB 9 in SD, be sure to explore Homestead’s SB 9 City Guide for San Diego. You can compare grades between different cities in San Diego County and read recent SB 9-related news articles from the area.

San Diego’s SB 9 Laws At-A-Glance

Zoning

• Eligible zones: RS, RE, RX, RT, and Planned District Zones that allow single dwelling unit development (but not multiple dwelling unit development)
• Ineligible: Prime farmland, conservation and habitat areas, hazardous waste sites, historic districts and properties, the MHPA of the MSCP Subarea Plan
• Possibly eligible: Delineated Earthquake Fault Zones, Very High Fire Hazard Severity Zones, Flood Zones, Coastal Zones

Occupancy

• Residential use only
• No short-term rentals (minimum 31 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 plus up to 2 ADUs
• Max. 4 units total per lot

Development requirements

• Height and floor area ratio determined by zoning code
• No rear or interior side setbacks required for certain projects (4’ min. rear and int. side setbacks required otherwise)
• Parking requirements waived for 1st and 2nd units
• 2 trees per 5,000 square feet (min. 1 tree/lot)

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

Details from San Diego’s SB 9 Guidance

To learn more about Senate Bill 9 in San Diego, continue reading below.

Zoning

State law dictates that SB 9 can only be used on properties located within single-family residential zones. In San Diego, these zones are RE, RS, RX, and RT. If your house is in a different zone, it isn’t eligible for SB 9. To see what zone your property is in, search your address on the Development Services Department’s Official Zoning Map.

In order to protect the environment and historic architecture within the city, select sensitive areas do not qualify for development under SB 9. These include prime farmland, conservation and habitat areas, and historic districts.

Properties situated within (Very) High Fire Severity Zones and Earthquake Fault Zones may be eligible for SB 9, as long as the proposed development meets all the necessary requirements for building safety. Click the links above to learn more about SB 9 development within these sensitive zones.

There are a number of extra requirements for San Diego properties located in the Coastal Zone. These can be found in the city’s updated municipal code.
Read our article on SB 9 in San Diego's Coastal Zones to

Occupancy

In keeping with the provisions of state law, all units developed with SB 9 are restricted to residential use only. No short-term rentals are allowed, and in San Diego all rental or lease terms must be at least 31 days.

The state law also requires urban lot split applicants to live in one of the units as their primary residence for a minimum of three years after the split.

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

No SB 9 development is allowed on properties with a tenant eviction within the last fifteen years.

Allowable Units

Senate Bill 9 lets property owners build an additional primary dwelling unit on their lot (or a duplex on a vacant lot) for a total of two primary units per parcel. The state law gives cities the option to prohibit ADUs on projects that include both an urban lot split and a two-unit (duplex) development.

San Diego has decided to allow up to two ADUs on SB 9 projects that do not include lot splits. On subdivided lots, the total is two units per lot (for a grand total of four units across the two lots). For projects with no lot split, you can have up to 4 units total.

Development Requirements

To qualify for a SB 9 urban lot split, the property must be at least 2,400 square feet. Each new lot must be a minimum of 1,200 square feet and at least 40% of the original parcel’s size. While cities may choose to allow smaller lots, San Diego has elected to keep this suggested minimum.

There are no special objective design standards for SB 9 projects in San Diego, and unit size and height are determined by underlying zoning.

Setbacks

Senate Bill 9 instructs cities to impose 4’ minimum side and rear setbacks for all SB 9 projects, but allows cities to instate smaller minimums if they wish. San Diego is one of very few cities that has decided to allow reduced setbacks. In San Diego, no rear or interior side setbacks are required for single-story SB 9 units under 16’ tall. Multistory units (as well as those taller than 16’) do not need any rear or interior side setbacks if the adjacent property isn’t residential.

For taller projects next to residential properties, 4’ interior side and rear setbacks are required. Front and street side setbacks must comply with zoning code for all SB 9 projects, regardless of height or neighboring properties.

Parking

Senate Bill 9 allows cities to require one off-street parking spot per unit for properties that are not close to high-quality public transit. Properties within walking distance of sufficient transit do not need any parking provided. San Diego is only requiring parking for third and fourth units created by SB 9; no parking is required for the first and second units, even if they aren’t close to transit.

Landscaping

San Diego requires two new or existing trees for every 5,000 square feet of lot area, with a minimum of one tree per lot. If there are more than two units on a lot (i.e. if there are two primary units and one or more ADUs), the property must comply with the zone's standard street tree regulations. The new tree(s) must comply with the Landscape Standards outlined in the Land Development Manual and the city’s Street Tree Selection Guide.

The future of Senate Bill 9 in San Diego

Despite the zoning restrictions and landscaping requirements, San Diego’s SB 9 guidelines are very progressive. As a matter of fact, San Diego is one of a very small handful of cities to receive an A grade in Homestead’s SB 9 City Guides.

It seems that the local government and planning department see SB 9’s potential to increase affordable housing options and help end the housing crisis. We hope more cities will look to San Diego as a model of SB 9 implementation.

Learn more with with Homestead

Are you hoping to develop your San Diego property with SB 9? Search your address on our SB 9 eligibility search tool to see if it qualifies. Visit our SB 9 blog to read articles on SB 9 implementation, development, and financing. Follow us on Twitter for the latest SB 9 news in San Diego and beyond.