Legislative Update - Single Family Lots

On Thursday, September 16, Governor Newsom signed a number of C.A.R.-supported housing bills, including SB 9 (Atkins), SB 10 (Wiener), and AB 1174 (Grayson), which will help tackle the state’s housing supply crisis. SB 9 will allow for homes that meet the specific requirements of the bill to build duplexes and for owner occupant owners to split their lots and build additional units.

SB 9 (Atkins) Subdivisions: Tentative Maps

Existing law permits three units per parcel (i.e. single-family home, ADU + junior ADU) in a residential neighborhood. Beginning January 1, 2022, SB 9 (Atkins) establishes a streamlined approval process for single family residential lots which meet the specified requirements of the bill to be converted to duplexes and for owner occupants of property who agree to reside in their property for three years, to split their lots (assuming requirements of the bill are met) and build up to two additional units.

SB 10 (Wiener) Planning and Zoning

This law empowers local governments to exempt projects, 10 units or less, from any additional CEQA review if the parcel is located in a transit-rich area, jobs-rich area, or an urban infill site. It requires developers to follow all local objective design criteria, local impact fees, local height and setback limits, and local demolition standards. SB 10 specifically prohibits projects from accessing streamlined approvals if the project is located in a HOA, high fire severity zone, state or national historic district, or requires the demolition of rent controlled units.

AB 1174 (Grayson) Development Application Modifications

This law will require local governments to consider the application for subsequent building permits based on the objective standards and building codes that were in effect when the original development application was submitted. Additionally, it will provide that a development or modification’s approval is valid for 3 years from the date of the final judgment upholding the development or modification’s original approval if litigation is filed challenging that approval.