The Los Angeles development community has been eagerly awaiting the release of guidelines from the city that explain how the city will process applications for SB9, the ground-breaking state law that allows some residential property owners to subdivide their property into as many as 4 dwelling units.
Last week, PCC reported that City Planning had included a hyperlink on ZIMAS that gave property owners a good indication of whether their lot(s) would be eligible for SB9 development. The link was good news for the LA community which is anxiously awaiting guidance from the city regarding the impacts of this new state law. As PCC gains more guidance from the city, we will be sure to share that information in this newsletter.
Speaking of which, we would like to correct some key points regarding SB9 from last week:
- Parcels more than 1/2 mile from a mass transit stop, may still be eligible, but will have to provide one additional parking space for each new dwelling unit, presuming it is eligible for SB9 per the other criteria.
- Parcels in the VHFHS may be eligible if they meet criteria established in state law section 65913.4. Among the criteria: At least 20 feet of paved street in front of the parcel and agreement to equipping any new units with a fully automated fire sprinkler system.
On to the city guidelines, which were finally issued last week. Here’s a few quick observations now that we can see how the city departments of Housing, Planning and LADBS are going to implement the statewide law:
- Only parcels in single-family zones are eligible.
- Rental units, designated affordable units, RSO properties, properties in HPOZs and/or historical monuments are ineligible.
- SB9 units can have 4-foot side- and rear-yards, but must maintain the required front-yard setback of their underlying zoning.
- SB9 units are guaranteed a minimum of 800 sq. ft. RFA, even if the underlying zoning wouldn’t allow that much cumulative RFA.
- SB9 units can also be adjacent to each other (no 10-ft. passageway required) or attached, as long as the structures meet building code safety standards and are sufficient to allow separate conveyance as part of the lot split.
- ADUs and JADUs may count against the total number of dwelling units or may be possible as an independent development if a property owner doesn’t take full advantage of the SB9 regulations.
- Lots that are split cannot be less than 40% the size of the original lot and must be a minimum of 1200 sq. ft.
- Any property owner who wants to split their lot must agree to live in one of the residences created for at least 3 years after the approval letter is issued.
- The two-unit developments and/or lot split will be reviewed as ministerial projects by LADBS and Planning, respectively, meaning that most won’t require a public hearing or CEQA determination. But projects located in the Coastal Zone or other overlay may require a public hearing and/or CEQA.
It’s worth noting that a ministerial review doesn’t mean an expedited review. There is no indication that SB9 projects will be given priority over other projects. Currently, it’s taking 5+ months for a by-right, 500+-sq.-ft. housing project in LADBS plan-check. Administrative reviews in Planning’s overlay districts can take anywhere from a couple of months to a half-year or more, depending upon the overlay.
Still, SB9 is now a tool that can be used by property owners who want to increase the number of dwelling units on their site(s) and the city now has guidelines for getting it done.
