California Housing Bills SB-9 & SB 10

As we enter the new year of 2022, two new housing bills out of many new laws, will take effect. SB-9 and SB 10 are of particular interest and generating the most controversy.

I have been looking into the topics and have thought how these two bills will energize housing construction and affect low density built environments across California.

I have come across a couple web articles which demonize the bill. One says something like, SB-9 will destroy neighborhoods and fill them with eight to nine unit apartments. That is not the case with SB-9. The bill allows a home owner on a single family zoned lot to split the lot in two so that another home can be built or a duplex. There are many other rules about the scale of what can be built and how large the new split lot must be. The owner can also demolish the original home (some exceptions apply) and build another duplex, which would total four (4) units. On some lots, this bill would not be feasible.

The internet article says that SB-9 is an attack on homeowners and CEQA (CA. Environmental Quality Act), which is aimed to protect the public from poorly planned projects. This is also not true. SB-9 allows the local building department to approve the lot split ministerially (only reviewed by the building department to confirm to existing land development regulations and community plans) without community review. Most projects in single family zoned lots are approved ministerially already. CEQA is designed to prevent a large project, like big infrastructure and large multi family projects, to be built in small communities. CEQA also forces various authorities like water, coastal, and air boards to coordinate and ensure the project is appropriate for the setting.

Additionally, SB-9 prevents a single homeowner from acquiring land from adjacent neighbors to split their lots as well.

Realistically, on a lot that could accommodate two duplexes, SB-9 would still be small density increases that would not be noticeable. One duplex could be two stories and fit well into a single family zoned community. SB-9 would not allow for more than what is specified and other regulations like property setbacks and height restrictions are still enforced.

SB-10 takes SB-9 and makes it more intense. SB-10 allows for up to ten (10) units to be built on a single family lot. Again, setback and height restrictions are enforced so the likelihood of a “tower” showing up next door is not possible.

Under SB-10, along with existing height restrictions of 35 feet, a single family zoned community of one and two story homes might see a three story building pop up. This will not be an overwhelming impact to the neighborhood scale, but a small increase of one additional story. There are already a few three story homes located close to my neighborhood. Most people don’t build three stories because of the inconvenience of stairs. If I wanted to tear my house down and build a three story structure, at a 35 feet height restriction, I would be entitled to do so with out any neighborhood approval.

It is true that SB-10 will create more sense living but not anything that will damage communities. Because of the existing volume requirements, neighborhood character will not be impacted. Parking will not be a problem as well. Single family zoned neighborhoods already have massive waste of vehicle space. Some households have numerous cars, RVs, Boats, and other vehicles in their driveways, yards, and on the street.

SB-10 is targeted to lots that are large enough to accommodate the units and some parking. Additionally, the SB-10 lot must be within close proximity to a major train, light-rail or bus route.

When you couple the height regulations, setbacks, parking, access to utilities, and other development factors like high severity fire zones, fully developing to SB-10’s fullest potential will be challenging.

These new bills starting in 2022 will result in denser developments popping up in single family zones. Housing affordability will become within reach to all California and we might put a small dent in our housing crisis. SB-9 and 10 is geared towards the homeowner becoming active participants in the housing solutions.

The reason for this is the scarcity of land and the dwindling number of developers that can come in and handle a multitude of small, scattered bits of available land. Large developers require large sites. They have the ability, and cash flow, to slowly acquire connected pieces of land and then build large housing projects that qualify for government subsidies, tax credits, and financing vehicles. These large projects can easily take ten years to go from initial vision, to design, community approvals, financing, and construction. These large projects are necessary and keep our skilled trades moving. The problem is the smaller developers that find it challenging to compete with those large corporations. We have a lot of large developments; what we need are the smaller and mid sized projects. We need the five, six, ten, and twenty unit projects. Two to three generations ago, at the turn of the twentieth century, many small to mid scales projects were built. Our cities had a responsible level of density. The auto-centric and small lot suburban developments created any challenges. We think that responsible density is the problem but it is actually a solution that creates positive impact at all levels of society.

Don’t be surprised to see a small 10 to 14 unit development moving forward in you community. These projects will move fast and once completed, will blend well with existing neighborhoods. One day the construction fence will go up and twelve to eighteen months later, a project will be completed and flourish.

2022 will be a crucial year for development in California. SB-9 and SB-10 can be the key to jump starting small scale developments and smaller scaled infill development companies.