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SB 9 Implementation

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What is Senate Bill (SB) 9?

SB 9 requires that Cities ministerially approve (no public hearing) the following:
- The development of up to two residences on an existing single-family residential zoned property, if the proposed housing development meets certain requirements.
- The split of an existing single-family lot into two parcels.

What does this mean for the City?

Under SB 9, qualifying properties in the City have the potential for being split and/or being developed with up to two primary residences on one lot. On December 15, 2021 City Council adopted an Urgency Ordinance and initiated an Municipal Code Amendment to clarify the state law and its implementation within the City. City staff is currently undertaking an update to the City's Municipal Code to implement SB9.

What is the process for getting SB 9 projects approved?

SB 9 projects will be reviewed and approved or denied through a ministerial process (i.e., no public hearing). An Administrative Coastal Development Permit will be required within the Coastal Zone. Only properties in the "Coastal Commission Appeal Zone" will be appealable to Coastal Commission.
SB 9 projects will need to submit a Planning Application with the SB 9 Supplement and any other application supplements required for their project. Please contact planning@encinitasca.gov with any questions and to schedule an in-take appointment once you are ready to submit.

How many SB 9 projects are there in the City and what is their status?

Visit the City's SB 9 Project Dashboard to view all SB 9 applications for two unit developments, urban lot splits, and/or both, and their application status.

Things to consider for SB 9 projects

Location - Only properties that are zoned for single-family residential development (RR, RR-1, RR-2, R-3, R-5, R-8, and RS-11) and meet the location requirements of Government Code Section 65913.4(a)(6)(b)-(k) are qualified for a SB 9 urban lot split and/or development of up to 4 residential units. Use the City’s e-zoning map (GIS) to identify a property’s zoning information.
Covenant – SB 9 projects require the execution and recordation of a covenant that contains the following provisions:
- Non-residential uses on the site are prohibited.
- Short-term rentals (less than 30 days stay) on the site shall be prohibited
- Any parcel created from an urban lot split may not be split again.
- Ongoing compliance with all SB 9 requirements and restrictions are required.
- Access to public right-of-way must be maintained.
- All required parking must be maintained.
Development Regulations - SB 9 projects will be regulated by state law (SB 9), existing City zoning regulations, and the City’s interim SB 9 ordinance.
A limited summary of SB 9 development regulations are provided in the table below. To fully understand how SB 9 projects will be regulated, it is necessary to review the State law (SB 9), the City's existing applicable zoning regulations, and the City's interim SB 9 Ordinance.

Timeline

September 16, 2021 – Governor signed Senate Bills (SB) 9 into law.
November 17, 2021 - City Council received informational presentation and directed staff to return. Meeting Agenda for November 17, 2021
December 15, 2021 - City Council adopts Urgency Ordinance No. 2021-25 and Resolution No. 2021-120 to initiate amendments to the City's General Plan, Specific Plans, Municipal Code, and Local Coastal Program. Meeting Agenda for December 15, 2021
January 1, 2022 – SB 9 and local interim ordinance go into effect and SB 9 projects may be submitted for review.
January 26, 2022 - City Council adopts SB 9 Urgency Ordinance No. 2022-04 to extend Urgency Ordinance No. 2021-25. Meeting Agenda for January 26, 2022
March 9, 2022 - City Council and Planning Commission Joint Session to discuss possible standards. Meeting Agenda for March 9, 2022
June 16, 2022 & June 29, 2022 - Planning Commission provides direction on recommended standards. Meeting Agenda for June 16, 2022 & Meeting Agenda for June 29, 2002
October 26, 2022 - City Council introduced Ordinance No. 2022-17 to add new Chapter 30.18 (Two-Unit Development and Urban Lot Split Regulations) to Title 30 (Zoning) of the Encinitas Municipal Code (EMC). Meeting Agenda for October 26, 2022
September 15, 2022 – Planning Commission Ordinance Review. Meeting Agenda for September 15th, 2022
October 6, 2022 – Planning Commission Ordinance Review – Recommend Approval to City Council Meeting Agenda for October 6, 2022
November 9, 2022 - The City Council adopted Ordinance No. 2022-17 with recommendation to implement some, if not all, of the provisions of Ordinance No. 2022-17 to be in effect immediately prior to California Coastal Commission’s approval of the ordinance. Meeting Agenda for November 9th, 2022
December 14th, 2022 - Adoption of Urgency Ordinance No. 2022-19 Meeting Agenda for December 14th, 2022
The California Coastal Commission provided draft comments to City Staff on November 6, 2023 with suggested modifications to the SB 9 LCPA amendment. Staff has been working to get these changes implemented.
On September 19, 2024 Governor Newsom approved SB 450, which became effective January 1, 2025. This bill proposed many changes to the regulations of SB 9. City staff is currently working on an initiation to Council to start this work effort to bring our local ordinance in compliance.

SB 9 Development Project Regulations Summary

Below is a highlighted summary of the regulations. An SB 9 Frequently Asked Questions (FAQ) is also available as a resource.

Urban Lot Splits

Area - Each parcel formed by a lot split must be at least 1,200 square feet.
60:40 - New parcels must be approximately equal in size with one parcel being no smaller than 40% of the original lot’s size.
Existing Residences - If a lot split is proposed for a property with existing residence(s), the split must result in the existing residence(s) being located fully on a split parcel.
Quantity - No more than two parcels may be created by the urban lot split.
Limits - A lot that is created via urban lot split may not be split again.
Owner Occupancy - Applicant shall provide a signed affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years.
Access – Each unit located on a parcel created pursuant to this chapter shall have vehicular ingress and egress to the public right-of-way, which shall be either through access over land that is part of the parcel or evidenced by a recorded easement in favor of the parcel requiring right-of-way access.
Access - Right-of-way dedication may not be required.
Common Ownership - Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.

Two-Unit Residential Development

(Applies to lot splits & non-lot split projects)

Number of Units - Up to two primary dwelling unit and two accessory dwelling units may be proposed on a lot. On parcels that propose both a Two-Unit Residential Development and an Urban Lot Split, ADUs will be permitted if all objective zoning standards are met (no reduction in zoning standards).
Demolition - An existing residential unit that has been occupied by a tenant within the past 3 years may not demolish or propose an alteration to the existing dwelling unit.
Size - Each new primary dwelling unit may be at least 800 square feet.
Height - The height of the primary dwelling unit shall not exceed the height of the underlying zone.
Development Standards- New residential units may be built as close as four feet from a side or rear property line, and must comply with the underlying zone’s objective development and design standards.
Existing Setbacks - Existing residential units or residential units that are reconstructed in the same location and with the same dimensions may maintain their current setbacks.
Short-Term Rentals - Prohibited for the existing and new residential units.
Parking - One off-street parking space per new residential unit is required except no parking requirements when the parcel is located within 1/2-mile walking distance of either a high-quality transit corridor or a major transit stop.
Affordable Housing - Applications shall be subject to the affordable housing requirements of Encinitas Municipal Code Section 30.41.
Landscaping - A complete application for a Two Unit Residential Development shall include a landscape plan which must comply with the City’s Water Efficient Landscaping Ordinance (EMC §23.26) and all other applicable objective development and design standards.
Utilities - Private underground utility services shall be available for extension to and connection with all units in a two-unit residential development. All dwelling units in a two-unit residential development shall connect to services.
Storm Water Management - Two-residential unit development must comply with the City’s Storm Water Runoff Requirements pursuant to Title 20 Stormwater Management.