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SB 9 Implementation

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What is Senate Bill (SB) 9?

SB 9 requires that Cities ministerially approve (no public hearing) the following:
- The development of up to two residences on an existing single-family residential zoned property, if the proposed housing development meets certain requirements.
- The split of an existing single-family lot into two parcels with up to two residences per parcel.
SB 9 allows Cities to voluntarily adopt a local ordinance with objective development standards to implement SB 9.

What does this mean for the City?

Under SB 9, qualifying properties in the City have the potential for being split and/or being developed with up to 4 residential units. On December 15, 2021 City Council adopted an Urgency Ordinance and initiated an Municipal Code Amendment to clarify the state law and its implementation within the City. City staff is currently undertaking an update to the City's Municipal Code to implement SB9.

What is the process for getting SB 9 projects approved?

SB 9 projects will be reviewed and approved or denied through a ministerial process (i.e., no public hearing). An Administrative Coastal Development Permit will be required within the Coastal Zone. Only properties in the "Coastal Commission Appeal Zone" will be appealable to Coastal Commission.
SB 9 projects will need to submit a Planning Application with the SB 9 Supplement and any other application supplements required for their project. Please contact planning@encinitasca.gov with any questions and to schedule an in-take appointment once you are ready to submit.

Things to consider for SB 9 projects

Location - Only properties that are zoned for single-family residential development (RR, RR-1, RR-2, R-3, R-5, R-8, and RS-11) and meet the location requirements of Government Code Section 65913.4(a)(6)(b)-(k) are qualified for a SB 9 urban lot split and/or development of up to 4 residential units. Use the City’s e-zoning map (GIS) to identify a property’s zoning information.
Covenant – SB 9 projects require the execution and recordation of a covenant that contains the following provisions:
- Non-residential uses on the site are prohibited.
- Short-term rentals (less than 30 days stay) on the site shall be prohibited
- Any parcel created from an urban lot split may not be split again.
- Ongoing compliance with all SB 9 requirements and restrictions are required.
- Access to public right-of-way must be maintained.
- All required parking must be maintained.
Development Regulations - SB 9 projects will be regulated by state law (SB 9), existing City zoning regulations, and the City’s interim SB 9 ordinance.
A limited summary of SB 9 development regulations are provided in the table below. To fully understand how SB 9 projects will be regulated, it is necessary to review the State law (SB 9), the City's existing applicable zoning regulations, and the City's interim SB 9 Ordinance.

Timeline

September 16, 2021 – Governor signed Senate Bills (SB) 9 into law.
November 17, 2021 - City Council received informational presentation and directed staff to return. Meeting Agenda for November 17, 2021
December 15, 2021 - City Council adopts Urgency Ordinance No. 2021-25 and Resolution No. 2021-120 to initiate amendments to the City's General Plan, Specific Plans, Municipal Code, and Local Coastal Program. Meeting Agenda for December 15, 2021
January 1, 2022 – SB 9 and local interim ordinance go into effect and SB 9 projects may be submitted for review.
January 26, 2022 - City Council adopts SB 9 Urgency Ordinance No. 2022-04 to extend Urgency Ordinance No. 2021-25. Meeting Agenda for January 26, 2022
March 9, 2022 - City Council and Planning Commission Joint Session to discuss possible standards. Meeting Agenda for March 9, 2022
June 16, 2022 & June 29, 2022 - Planning Commission provides direction on recommended standards. Meeting Agenda for June 16, 2022 & Meeting Agenda for June 29, 2002
October 26, 2022 - City Council introduced Ordinance No. 2022-17 to add new Chapter 30.18 (Two-Unit Development and Urban Lot Split Regulations) to Title 30 (Zoning) of the Encinitas Municipal Code (EMC). Meeting Agenda for October 26, 2022
September 15, 2022 – Planning Commission Ordinance Review. Meeting Agenda for September 15th, 2022
October 6, 2022 – Planning Commission Ordinance Review – Recommend Approval to City Council Meeting Agenda for October 6, 2022
November 9, 2022 - The City Council adopted Ordinance No. 2022-17 with recommendation to implement some, if not all, of the provisions of Ordinance No. 2022-17 to be in effect immediately prior to California Coastal Commission’s approval of the ordinance. Meeting Agenda for November 9th, 2022
December 14th, 2022 - Adoption of Urgency Ordinance No. 2022-19 Meeting Agenda for December 14th, 2022

SB 9 Development Project Regulations Summary

Please note that the italicized text below represent regulations from the City’s urgency ordinance.

Urban Lot Splits

Area - Each parcel formed by a lot split must be at least 1,200 square feet.
60:40 - New parcels must be approximately equal in size with one parcel being no smaller than 40% of the original lot’s size.
Existing Residences - If a lot split is proposed for a property with existing residence(s), the split must result in the existing residence(s) being located fully on a split parcel.
Quantity - No more than two parcels may be created by the urban lot split.
Limits - A lot that is via urban lot split may not be split again.
Owner Occupancy - Applicant shall provide a signed affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years.
Access – Each unit located on a parcel created pursuant to this chapter shall have vehicular ingress and egress to the public right-of-way, which shall be either through access over land that is part of the parcel or evidenced by a recorded easement in favor of the parcel requiring right-of-way access.
Access - Right-of-way dedication may not be required.
Common Ownership - Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.

Two-Unit Residential Development

(Applies to lot splits & non-lot split projects)

Number of Units - Up to two accessory dwelling units may be proposed in addition to the two units constructed on a lot. On parcels that propose both a Two-Unit Residential Development and an Urban Lot Split, ADUs will be permitted if all objective zoning standards are met (no reduction in zoning standards).
Demolition - An existing residential unit that has been occupied by a tenant within the past 3 years may not have more than 25% the existing exterior structural walls demolished.
Size - Each new residential unit may be at least 800 square feet.
Development Standards- New residential units may be built as close as four feet from a side or rear property line, and must comply with the underlying zone’s objective development and design standards.
Existing Setbacks - Existing residential units or residential units that are reconstructed in the same location and with the same dimensions may maintain their current setbacks.
Short-Term Rentals - Prohibited for the existing and new residential units.
Parking - One off-street parking space per new residential unit is required except no parking requirements when the parcel is located within 1/2-mile walking distance of either a high-quality transit corridor or a major transit stop.
Affordable Housing - When a total of four dwelling units, inclusive of accessory dwelling units, are proposed on a single lot, one of the two accessory dwelling units shall be affordable to a low or very low-income household in perpetuity. The development shall not be permitted to pay in-lieu fees as an alternative to satisfying the affordable housing requirements of Chapter 30.41
Landscaping - A complete application for a Two Unit Residential Development shall include a landscape plan which must comply with the City’s Water Efficient Landscaping Ordinance (EMC §23.26) and all other applicable objective development and design standards.
Private Open Space - Each primary unit shall include a minimum of 100 square feet of private exterior open space per dwelling unit for both ground floor units and units contained wholly on the second floor. For units wholly on the second floor this open space may be provided by outdoor decks
Utilities - Private underground utility services shall be available for extension to and connection with all units in a two-unit residential development. All dwelling units in a two-unit residential development shall connect to services
Addressing - All addresses for residential lots using a shared driveway or pedestrian pathway must be displayed at their closest point of access to a public street for emergency responders to the satisfaction of the City Fire Marshal
Trash and Storage - Areas for trash and outdoor storage shall be provided on each property. Such areas shall be designed to conceal all trash and stored material from public view
Pathways- Pedestrian pathways of a minimum width of 3 feet shall be provided from the right-of-way to all primary entryways and common areas, such as common open space areas, guest parking, mailboxes, and centralized trash enclosures
Privacy Standards - For a new unit where any portion of the construction is either two stories tall or 16 feet or taller, additional privacy standards for upper story unenclosed landing, decks, and balconies will apply
Storm Water Management - Two-residential unit development must comply with the City’s Storm Water Runoff Requirements pursuant to Title 20 Stormwater Management.