Senate Bill 9 (SB 9)

SB 9 Background

SB 9 went into effect on January 1, 2022, and requires cities to approve, by right, two housing units per single-family lot, and the subdivision of single-family lots into two, subject to certain qualifying criteria. 

On September 16, 2021, the Governor signed SB 9 (Atkins), which adds:

  • Section 65852.21 to the Government Code to require a ministerial review process for eligible development of up to two principal dwelling units on a parcel in a single-family residential zone; and
  • two housesSection 66411.7 to require a ministerial review process for eligible “urban lot splits,” to create two new parcels for residential uses in a single-family residential zone.  

Key Components of SB 9 

The following project types are permitted under SB 9:

  • Two-unit Developments: Allows for ministerial* approval of housing development containing up to two primary dwelling units on one single family; and
  • Urban Lot Split: Allows for ministerial* review of qualifying lot splits, for subdividing an existing single-family zoned lot into two new parcels, also known as an “Urban Lot Split”.

*Ministerial review is an administrative review process, meaning a public hearing and public notice is not required and projects that meet the criteria shall be approved at staff level, as required by State law. SB 9 delineates the minimum requirements for certain criteria; however, the law does allow the City to develop additional objectives and reasonable development standards, as long as the local regulations do not prohibit the development of the minimum amount of primary dwelling units allowed by SB 9.  Please note, that HOAs can elect to allow or prohibit SB 9 developments within their boundaries. HOA boards should consult with your legal counsel on allowing or prohibiting these new development options within the HOA’s CC&Rs. 

Please use the Map link below to determine if your parcel may be affected by SB 9.

SB 9 Ordinance Adoption Timeline

Effective date of Ordinance: September 15, 2022

Documents/Resources

>> SB 9 Fact Sheet 
>>SB 9 Legislative Document
>> State of California SB 9 Information

SB 9 Maps

Check if your property is located in a single-family zone, which could be subject to SB 9 zoning regulations, by using our live mapping tool or view a map of all applicable areas. Please note, that HOAs can elect to allow or prohibit SB 9 developments within their boundaries. HOA boards should consult with your legal counsel on allowing or prohibiting these new development options within the HOA’s CC&Rs.  

The following section provides FAQs with an an abbreviated summary of Tustin’s draft SB 9 Ordinance. This is not intended to supersede or replace the language as it appears in the City Ordinance No. 1523.  A link to the most recent ordinance can be found here. If you have additional questions about SB 9, please call our Planning Division at (714) 573-3140 or email TustinPlanning@tustinca.org.

SB9 map
  1. What is SB 9?
  2. How do I know if I can develop my property under SB 9?
  3. Is there a map where I can check if my property can be affected by SB 9?
  4. How many units can I build?
  5. What is a “Two-unit Development” versus an “Urban Lot Split”?
  6. What are the requirements for development under Tustin’s SB 9 Ordinance?
  7. What kind of approval do I need to build using SB 9?
  8. My property is in the City’s Cultural Historic District, can I build on my property using SB9?
  9. Can my HOA prohibit me from building on my property using SB9?
  10. Will I be notified if one of my neighbors decides to build on their property using SB9?
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