SB 9 is no longer allowed anywhere in San Francisco. Read on to find out why.

Introduction

The City of San Francisco has yet to issue an ordinance on Senate Bill 9, but the Planning Department has released a bulletin on the subject to help SF residents apply for SB 9 projects.

In the following post, we’ll dive into San Francisco’s SB 9 guidance and discover what and where you can build with SB 9 in the City by the Bay.

To learn even more about SB 9 in SF, check out Homestead’s SB 9 City Guide for San Francisco.

SF’s Guidance At-A-Glance

All of San Francisco is effectively ineligible for SB 9, due to a recent upzoning of all districts to allow for fourplex development.

Zoning

• Eligible zones: NONE (previously RH-1, RH-1(D), RH-1(S))
• Ineligible: ALL (previously conservation and habitat areas, historic districts and properties)
• Possibly eligible: NONE (previously Delineated Earthquake Fault Zones, Very High Fire Hazard Severity Zones, Flood Zones, Coastal Zones)

Due to SF's recent upzoning, SB 9 no longer applies anywhere in the city. The following is a recap of the city's guidelines before they passed legislation rendering SB 9 null and void.

Occupancy

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

SB 9 prohibited on parcels containing the following:

• Current or former (within the last 3 years) rental housing
• Registered affordable housing
• Rent stabilized housing
• Eviction (within the past 15 years)

Allowable units

• Two primary units per lot
• ADUs and JADUs allowed

Development requirements

• Height and floor area ratio determined by zoning code
• 4’ minimum side and rear setbacks
• Objective design requirements from municipal code must be followed to the extent possible

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

Details from San Francisco’s SB 9 Guidance

Again, San Francisco is currently ineligible for SB 9 development due to recent zoning changes. The following information refers to the city's SB 9 guidelines prior to the passage of the new fourplex law.

Zoning

Only properties within single-family residential zones in urbanized areas are eligible for SB 9 development. San Francisco's single-family zones are RH-1, RH-1(D), and RH-1(S). If you’re not sure what zone your property is in, search your address on the SF Property Assessor search tool.

However, no zones in San Francisco are currently eligible for SB 9.

To ensure protection of the environment and the city’s historic architecture, certain sensitive areas are ineligible for SB 9 development. These include floodways, wetlands, conservation and habitat areas, and historic districts.

Sites located within (Very) High Fire Severity Zones, Coastal Zones, and Earthquake Fault Zones may be eligible for SB 9, as long as the project complies with necessary standards. Click the links above to learn more about SB 9 development within these sensitive zones.

Occupancy

As dictated by state law, all units developed under SB 9 are limited to residential use only. No short-term rentals are allowed, which means all rental or lease terms must be at least 30 days.

Urban lot split applicants must live in one of the units as their primary residence for a minimum of three years following the subdivision.

San Francisco has decided to forbid any SB 9 development on parcels that contain rent controlled or price stabilized housing or rental units. In order to be eligible, properties must be either vacant or entirely owner-occupied for the last three years.

This is a deviation from the state law, which allows SB 9 on rental properties as long as the proposed project that does include demolition or significant alteration of any rental units.

Properties with a history of tenant eviction (within the last fifteen years) are also ineligible for SB 9 development.

Allowable Units

Senate Bill 9 permits homeowners to build one duplex or two single-family homes on their lot for a total of two primary units per parcel. This state law allows cities to prohibit the building of ADUs on SB 9 projects that include both an urban lot split and a two-unit development. However, San Francisco has decided to allow ADUs on all SB 9 projects. That means up to three units are allowed: two primary units and one accessory dwelling unit.

Hopefully San Francisco will allow SB 9 development again soon.

Development Requirements

**Again, now that all of San Francisco is zoned to allow fourplexes, the city no longer qualifies for SB 9 development. The following describesSan Francisco's SB 9 requirements prior to this change. **

In order to be eligible for a lot split, parcels must be at least 2,400 square feet before the split. Each new lot must be a minimum of 1,200 square feet and retain 40-60% of the original parcel’s size. Cities may choose to allow smaller lots if they wish, but San Francisco is keeping this recommended minimum.

SB 9 developments in San Francisco must follow all applicable objective design standards in the zone’s municipal code. However, these guidelines must allow for two units of at least 800 square feet each. There are no special unit size or height requirements in this city.

SB 9 projects are allowed 4’ minimum side and rear setbacks; front setbacks may need to conform to municipal code standards.

The future of Senate Bill 9 in San Francisco

SF’s original guidelines for SB 9 development were exceptionally friendly. In fact, it was one of few cities to receive an A grade in Homestead’s SB 9 City Guides. However, the city recently adopted legislation that makes all of San Francisco ineligible for SB 9.

This proposal upzones the entire city to allow for fourplex development, eliminating all single-family zones. Although it allows for increased densification in theory, San Francisco is notorious for its long and drawn-out review processes. Part of what makes SB 9 unique is its streamlined approval process, which allows more homes to be built faster. Hopefully San Francisco will correct this error and continue to allow SB 9 development. All cities need to pitch in to help end the housing crisis and make the Bay Area a more affordable place to live.

Homestead Can Help

Are you considering SB 9 for your property? Search your address on our SB 9 eligibility search tool to see if it’s eligible. Follow us on Twitter to keep up-to-date on the latest SB 9 news in SF and across the state.