On July 19, 2021, the City of San Diego announced a new citywide initiative called Homes for All of Us. The initiative includes three components: a new community plan update framework called Blueprint San Diego to help meet the City’s housing and climate action goals, the creation of a Middle-Income Housing Working Group and the Housing Action Package. The Housing Action Package aims to implement new state law related to housing development, align the state law with existing city housing programs, and incentivize and promote new housing opportunities throughout the city that San Diegans of all income levels can afford.
Senate Bill 9 is the product of a multi-year effort to develop solutions to address our state’s housing crisis. The Senate Housing Package of bills, ‘Building Opportunities for All,’ establishes opportunities to make real progressive and positive changes in our communities to strengthen the fabric of our neighborhoods with equity, inclusivity, and affordability.
Senate Bill 9 provides opportunities for new neighborhood housing that provides more options for individuals and Families to maintain and build intergenerational wealth by creating duplexes and subdividing lots while providing safeguards to ensure responsible development that can address the housing crisis. Specifically, Senate Bill 9 requires a city to ministerially approve the following:
(1) A housing development of no more than two units on certain single-family zoned parcels and/or;
(2) The subdivision of a parcel zoned for single family use, into two approximately equal parcels.
SB 9 specifies several requirements local jurisdictions must impose on projects that seek to use its provisions, as well as prohibits local jurisdictions from imposing certain requirements or standards on such projects, leaving some level of flexibility for the City to implement its requirements in a way that is best tailored for San Diego.
The proposed implementation of SB 9 would create a new division in the Land Development Code Chapter 14. The regulations would apply only within single-family residential zones and would not apply within farmlands, wetlands, the Multiple Habitat Planning Area, Environmentally Sensitive Lands, very high fire severity zones (unless certain mitigation measures are met), hazardous waste sites, earthquake fault zones, special flood hazard areas, floodways, or a site with a designated historical resource or within a designated historical district. Also, SB 9 does not allow the proposed development to demolish or alter dwelling units that are affordable covenant restricted, that have
been occupied by a tenant in the last three years, or that are single room occupancy hotel rooms.
Under SB 9, the development regulations of the underlying single family residential zone would continue to apply, except as specified in SB 9, or in instances where application of a development regulation would preclude an urban lot split and the construction of at least one additional 800 square foot unit on each lot, regardless of non-compliance with other base zone regulations.
- Provides options for homeowners to build intergenerational wealth. SB 9 provides more options for families to maintain and build intergenerational wealth a currency we know is crucial to combatting inequity and creating social mobility. The families who own these properties could provide affordable rental opportunities for other working families who may be struggling to find a rental home in their price range, or who may be looking for their own path to home ownership.
- Benefits homeowners NOT institutional investors. Recent amendments require a local agency to impose an owner occupancy requirement as a condition of a homeowner receiving a ministerial lot split. This bill also prohibits the development of small subdivisions and prohibits ministerial lot splits on adjacent parcels by the same individual to prevent investor speculation. In fact, allowing for more neighborhood scale housing in California’s communities actually curbs the market power of institutional investors. SB 9 prevents profiteers from evicting or displacing tenants by excluding properties where a tenant has resided in the past three years.
- Establishes a maximum number of units. Recent amendments clarify that this bill would allow no more than four units on what is currently a single-family parcel.
- Preserves historic neighborhoods. SB 9 excludes historic and landmark districts.
- Respects local control. Homeowners must comply with local zoning requirements when developing a duplex (height, floor area ratios, lot coverage etc.) as long as they do not physically preclude a lot split or duplex. This bill also allows locals to require a percolation test for any duplex proposed to be on septic tanks.
- Promotes strategic infill growth. Under this bill, the parcel must be located in a jurisdiction that is part of an urbanized area or urban cluster, as designated by the US Census. This means that it applies only to areas that meet certain population and density thresholds. It excludes the provisions of the bill being used in very high fire hazard severity zones, prime agriculture land, hazardous waste sites, earthquake zones, floodplains that do not have adequate mitigation, and others. At the end of the day, if local governments do not allow people to build homes in an area, then the bill does not apply.
What this bill does: Senate Bill 9 – the California Housing Opportunity and More Efficiency (HOME) Act streamlines the process for a homeowner to create a duplex or subdivide an existing lot. Any new housing created as a result of this bill must meet a specific list of qualifications that protects historic districts, preserves environmental quality and the look of communities, and prevents tenants from being displaced. This legislation will enable homeowners to create intergenerational wealth, and provide access to more rental and ownership options for working families who would otherwise be priced out of neighborhoods.
What’s different from last year: We took what was a good bill – which had widespread support in both the Senate and Assembly at the end of last year and on track to pass before it fell victim to the clock – and improved upon it since reintroducing it as SB 9 this year. We listened to concerns from homeowners, municipalities, and other stakeholders, and have incorporated many amendments make the bill stronger, more clear, and address those concerns. Because of all the variables that make a neighborhood what it is – size of lots, local ordinances, desire of homeowners to even use this option – not everyone will choose to do a lot split or turn their home into a duplex, just like not everyone added an ADU when that good law was enacted.
MYTHS VS. FACTS
What this bill does: Senate Bill 9 – the California Housing Opportunity and More Efficiency (HOME) Act streamlines the process for a homeowner to create a duplex or subdivide an existing lot. To be eligible for the streamlining provided by this bill, a parcel must meet a specific list of qualifications that protects historic districts, preserves the environmental quality and the look of communities, and prevents tenants from being displaced. This legislation will enable homeowners to create intergenerational wealth, and provide access to more rental and ownership options for working families who would otherwise be priced out of neighborhoods.
What’s different from last year: We took what was a good bill – which had widespread support in both the Senate and Assembly at the end of last year and on track to pass before it fell victim to the clock – and improved upon it since reintroducing it as SB 9 this year. We listened to concerns from homeowners, municipalities, and other stakeholders, and have incorporated many amendments to make the bill stronger, more clear, and address those concerns.
Myth: My neighbors are going to be able to build 5 or 6-units next door to my single-family home.
Fact: SB 9 would allow no more than four units on what is currently a single-family parcel. This bill encourages neighborhood scale homes – meaning modifications to a property need to be in keeping with the look of the neighborhood.
Myth:This is going to ruin the look of our neighborhood.
Fact:In many communities across California – including in San Diego – there are beautiful duplexes and triplexes next door to traditional single-family homes. Look at Linda Vista, Hillcrest, North Park – these are communities central to the city and job centers that are coveted places to live. In fact, many are beautiful and well-kept, providing not only a bright spot on the street, but a comfortable place for not just one but two households to call home.
Myth: This bill won’t help expand housing options that are more affordable and help real people.
Fact: The HOME Act builds intergenerational wealth. For homeowners, it provides more options to maintain and build intergenerational wealth – a currency we know is crucial to combatting inequity and creating social mobility. There is no silver bullet to solving the housing crisis that has been decades in the making. SB 9 is one modest tool in the toolbox. This bill allows for more types of housing to create more equitable and inclusive neighborhoods.
Myth: This is a land grab by institutional investors looking to ruin our neighborhoods.
Fact: This bill benefits homeowners, and homeowners alone. SB 9 contains an owner occupancy requirement, which requires a homeowner to live in one of the units for three years from the time they get approval for a lot split. Additionally, this bill prohibits the development of small subdivisions and prohibits ministerial lot splits on adjacent parcels by the same individual to prevent investor speculation. In fact, allowing for more neighborhood scale housing in California’s communities actually curbs the market power of institutional investors. SB 9 also prevents profiteers from evicting or displacing tenants by excluding properties where a tenant has resided in the past three years.
Myth: This bill will destroy historic neighborhoods.
Fact: SB 9 excludes historic and landmark districts.
Myth: This will change local control of land use decisions.
Fact: Homeowners must comply with local zoning requirements when developing a duplex (height, floor area ratios, lot coverage, etc.) as long as they do not physically preclude a duplex. This bill also allows locals to require a percolation test for any duplex proposed to be on septic tanks.
Myth: Under SB 9, a lot split requires a single family home to be demolished.
Fact: This bill provides options for homeowners and does NOT require any demolition. SB 9 contains strong tenant protections to ensure rental housing is not demolished. A recent study shows that the additional housing options provided by SB 9 actually decreases the likelihood of a single family home being torn down and replaced by a larger single family home. Additionally, nearly 97% of all single-family homes would be retained under SB 9. This bill is one way to help solve the state’s housing production crisis. SB 9 provides more pathways to homeownership and expands access to the California dream.
Myth: This bill does not take into consideration environmental and infrastructure concerns.
Fact: Under this bill, the parcel must be located in a jurisdiction that is part of an urbanized area or urban cluster, as designated by the US Census. This means that it applies only to areas that meet certain population and density thresholds. It excludes very high fire hazard severity zones, prime agriculture land, hazardous waste sites, earthquake zones, floodplains that do not have adequate mitigation, and others. At the end of the day, if local governments do not allow people to build homes in an area, then the bill does not apply. Additionally, SB 9 does NOT make any changes to existing law, which specifies a local agency’s ability to impose impact fees.
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