IS SINGLE FAMILY ZONING OBSOLETE AFTER SB 9 AND SB 10?

Oct 5

California’s latest attempt to addressing the state’s housing crisis are Senate Bills (“SB”) 9 and 10, both of which were signed into law on September 16, 2021. Both bills allow for rezoning of single-family lots to accommodate multi-family housing.

SB 9

In short, SB 9 authorizes more than one residential unit on a property despite the property being otherwise zoned as single-family. While existing laws allow for accessory dwelling units (ADU) to be placed on a single-family lot, SB 9 ups the ante by allowing multiple dwelling units per lot. SB 9 allows for ministerial approvals of duplexes in a single-family housing zone and lot splits, provided that certain criteria like lot size and the location of the lot (must be in an “urbanized area” or “urban cluster”) are met. While the Coastal Act would still apply, SB 9 creates a statutory exemption for the California Environmental Quality Act (“CEQA”).

SB 10

Like SB 9, SB 10 is designed to remove the “red tape” in constructing multiple family dwelling units and ministerially authorize developments of p to ten-units or less in areas otherwise zoned as single-family housing. For example, the owner of an empty single-family lot may now receive ministerial approval to build a fourplex on your lot.

Implications of Both Bills

How will the strain on infrastructure be addressed? Placing 2, 4, 6 living units on a single-family lot will undoubtedly tax infrastructure like roads, electricity, water, and sewage.

What is the impact on Community Interest Developments, or HOAs? For example, if your CC&Rs require residences in the community to be “single-family” residences, this restriction now conflicts with SB 9 and SB 10. Must CC&Rs be amended? May additional units be assessed? How are HOAs to address the strain on common areas?

What are the tax implications of SB 9 and SB 10 on a single-family zoned property? While Proposition 13 likely protects owner-occupied single-family residences in single-family residential zones, those protections may not extend to tenant-occupied properties.

What, if any, discretion do cities or municipalities have with regard to single-family zones?

The full extent of the ripple effect of these bills will not be known for some time. If you are a property owner impacted by SB 9 or SB 10, it is important that you consult with a knowledgeable attorney to help you navigate through the implications of this legislation.

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Andrew Hall

Attorney Andrew Hall has over 10 years of experience handling complex real estate, business, and litigation matters throughout California and Washington. Andrew has vast experience with a wide range of clients – from residential to commercial property owners, landlords to tenants, real estate agents to brokers, title to escrow companies, hard money lenders to banking institutions. Andrew has handled cases ranging from administrative disputes, to unlawful detainers, to bankruptcies, to litigation, leaving his clients with the confidence that he can handle all of their needs from soup to nuts.

Andrew is committed to exploring efficient and cost-effective resolutions for his clients, whether that be through informal conversations with parties or attorneys, mediations, or settlement conferences. However, when litigation is inevitable, Andrew has counseled his clients through all stages of a dispute, including arbitrations, court trials, jury trials, and appeals at both the State and Federal Court levels.

Andrew resides in Carlsbad with his wife Lauren, son Nolan (7), and daughter Madeline (5). Andrew is actively involved with the Magdalena Ecke Family YMCA, where he can often be found on the weekends cheering Madeline on in any variety of youth sports or with Nolan participating in the Y’s Adventure Guides Program. Andrew enjoys playing golf, tennis, softball and good barbeque.

Andrew is committed to identifying his client’s goals and employing his big firm experience with small firm attention to help his clients achieve those goals.