While it took effect over a year and a half ago, the California HOME act or SB 9, still remains a somewhat unknown piece of legislation for ordinary homebuyers (and home builders). At its core, SB 9 simplifies the process of subdividing a lot for single family homes. So how do you know if you qualify? And if you do, how would it affect your lot?

To help answer those questions, we spoke with Bay Area-based architect, Toby Long. In our conversation (we have included the relevant clip below), we discuss the benefits of SB 9 and what potential pitfalls you should be aware of. That way, you can begin to determine whether building a prefab home an SB 9 split lot is a good decision for you.

Continue reading below as we break down the takeaways from our conversation with Toby. Additionally, we use a real-life example to help you better understand what is, and is not, possible under the California HOME act.

Assessing an SB9 Lot Split Property

Notes & Take-Aways

Lot Information: 197 Glenwood Avenue, Atherton, CA 94027

What is SB9?

To understand if building on an SB9 property is the right decision for your project, it is important to understand what is and how that affects your lot. Toby explains,

SB9 really intends to offer owners of single family property two basic functions and they can come together…One basic function is to allow two dwellings on all single family properties. So every property that's single family zoned that meets a certain criteria, it's not every property, you have to be more or less a standard type of property. Can't have unique conditions, but all properties can have two primary dwellings. They do need to meet development standards for things like setbacks and such. But if you have the space, you could build a duplex or you could build two primary dwellings on every lot. The other thing that SB9 affords is the opportunity to subdivide a single family home or a single family lot into two properties. Again, there's standards and requirements that go with this. There are also technical issues that go with that subdivision, but the minimum lot sizes are very small. So it is almost permissible on all single family, more conventional single family zoned lots.

How does SB9 affect a piece of land?

In order to be SB9 compliant - lots must comply with several development measures. Notably, you must reorganize all of the infrastructure so that two legal parcels can be created. Additionally, the land split has to be coequal - lots can not exceed a 60/40 balance in terms of size.

What is being done to divide the lot?

In order to be approved for, and later build on, an SB9 lot, individuals must address several planning and zoning concerns. In the case of this particular lot, the utilities either need to be relocated to their new, proposed lot, or they need to get an easement. Additionally, select trees and the driveway must be rearranged to create two unique lots.

How can individuals best work with local planning groups?

In California, depending on the initial feedback to your initial SB9 proposal, it can sometimes be helpful to coordinate with the HCD. They are a state agency responsible for housing regulations and can be helpful in clarifying regulations at the municipal level.

Final Verdict

Splitting a parcel under SB9 is a relatively new process and one that is still to gain strong initial traction. When completed successfully though, it provides a big opportunity for landowners with qualifying lots to create two separate parcels. To fully understand what the necessary steps are to complete the split, it can sometimes be helpful to speak with the HCD. If you would like assistance evaluating land for your own project, connect with a member of our Prefab Coaching program.

Once you have selected a piece of land for your project, you might also be interested in our articles on: