The introduction of Senate Bill 9 (SB9) has been a game-changer for homeowners across California. SB9 gives property owners the ability to split their single-family lots and build additional units, making it easier than ever to create more housing. While this bill offers exciting opportunities, the approval process for SB9 projects can seem overwhelming. That’s where this blog comes in—a refresher on the SB9 permitting process, with a focus on simplifying the steps and helping you navigate any recent changes that could affect your plans.
Whether you’re thinking of building an additional unit or splitting your lot to create multiple dwellings, understanding the permitting process is crucial. While we’ve touched on this topic before, recent updates and developments make it important to stay informed. Let’s dive into the key steps you’ll need to take to ensure your SB9 project gets approved smoothly.
1. A Quick Recap: What is SB9?
Before we jump into the specifics of the permitting process, let’s do a brief recap of SB9. This California law, which went into effect in 2022, was designed to help address the state’s housing crisis by allowing homeowners to split their single-family residential lots and build up to four units. The goal is to make housing more accessible and increase housing density in urban areas.
What makes SB9 significant is that it overrides many local zoning restrictions that have historically limited residential developments to just one home per lot. While it simplifies the approval process, there are still local rules and regulations you’ll need to follow, especially regarding environmental concerns, historical designations, and infrastructure capacity.
2. Understanding the Permitting Process Under SB9
Navigating the SB9 permitting process doesn’t have to be complicated. By following a few clear steps, you can make sure your project complies with local and state regulations, ensuring a smooth path from application to construction.
Here’s a breakdown of the typical SB9 approval process:
Initial Research
Before anything else, you’ll need to confirm that your property qualifies for SB9 development. Not all properties are eligible—some may fall within environmentally sensitive areas, historic districts, or high fire-risk zones. Doing your research upfront can save you time and frustration later. Check with your local planning department to verify your property’s eligibility.
Prepare Your Documents
Once you’ve confirmed your property qualifies, it’s time to gather the necessary paperwork. You’ll need property surveys, site plans, and possibly environmental reports. If you’re planning a lot split, make sure you have accurate surveys to show property boundaries. Additionally, any architectural designs or proposed changes to the site need to be documented. Having all your documentation ready at the start will help speed up the approval process.
Submit Your Application
Next, you’ll need to submit your application to the local planning department. This is where your project will be reviewed to ensure it meets state and local regulations. Be prepared to provide details on the proposed development, including floor plans, elevations, and how your project will comply with zoning laws. Remember that while SB9 relaxes some zoning restrictions, you still need to comply with local building codes and other regulations.
Pay Permit Fees
There are several fees associated with the SB9 application process. These typically include building permits, zoning review fees, and environmental assessments if necessary. Fees can vary depending on the scope of your project and your city’s requirements, so it’s a good idea to budget for these early on.
Review and Approval
Once submitted, your application will undergo a thorough review by your local planning department. They’ll assess the project to ensure it adheres to both state laws and local regulations. This includes confirming that the development won’t negatively impact the surrounding neighborhood, complies with zoning codes, and meets environmental standards.
If your application meets all the necessary criteria, it will be approved, allowing you to move forward with construction. If there are any issues, you may be asked to revise your plans and resubmit.
Inspections During Construction
Throughout the construction process, your project will need to pass several inspections to ensure it meets safety and building standards. These inspections will cover key phases of construction, including the foundation, framing, and electrical systems. It’s important to plan for these inspections to avoid delays.
Certificate of Occupancy
Finally, once your project is complete, you’ll need to apply for a Certificate of Occupancy. This confirms that your new units meet all safety, zoning, and building regulations, and it’s required before anyone can move in.
3. Key Considerations When Applying for SB9 Permits
While SB9 has simplified the development process, there are still some key considerations to keep in mind when applying for permits.
Zoning and Land Use
Even though SB9 overrides many local zoning restrictions, it’s crucial to ensure your project still complies with local land use regulations. Some cities have introduced overlay zones that place additional restrictions on SB9 projects. These might limit the number of units allowed or impose specific design guidelines. Be sure to check with your local planning department to confirm whether your property falls within one of these special zones.
Environmental and Historical Restrictions
SB9 doesn’t apply to properties in certain environmentally sensitive areas or historic districts. If your property is located in one of these areas, you may need additional approvals or be restricted from developing under SB9. This is why early research is key—identifying these limitations upfront can save you time and help you adjust your plans accordingly.
Local Infrastructure
Some cities have imposed limits on SB9 developments if local infrastructure—like water, sewage, or roads—cannot handle increased density. Be sure to check with your local government to understand any potential infrastructure concerns that may affect your project.
4. Common Challenges in SB9 Permitting and How to Overcome Them
Even with the streamlined process SB9 provides, there are still some challenges that can pop up along the way. Understanding these potential roadblocks ahead of time can help you better navigate the approval process and ensure your project stays on track.
Local Resistance
One of the biggest challenges some homeowners face is local resistance. While SB9 is a state law, some cities and neighborhoods are pushing back, especially those that have traditionally favored single-family zoning. For instance, cities like Pasadena and Santa Monica have explored ways to limit the number of SB9 developments in their areas by introducing stricter local regulations or design guidelines.
If you’re in a city that’s less receptive to SB9 projects, you may encounter more scrutiny or longer approval times. The best way to address this is by working closely with your local planning department from the very beginning. By maintaining open communication and ensuring your project complies with all local guidelines, you can avoid unnecessary delays. Additionally, consider hiring professionals, such as architects or contractors familiar with SB9, who can help you navigate these local challenges and keep the process moving smoothly.
Site-Specific Issues
Not all properties are perfectly suited for development, and some may present unique challenges. For example, if your lot is on a slope, has irregular terrain, or lacks direct road access, you might need to make special adjustments to your project. These site-specific issues can increase costs and complicate the permitting process.
In these cases, it’s crucial to work with experienced builders and engineers who can design around these obstacles. For sloped properties, retaining walls or special foundations may be necessary, while irregularly shaped lots might require creative floor plans to maximize space. Addressing these issues during the design phase will make the permitting process much smoother and minimize the chance of delays or rejections.
Permitting Delays
Even with proper planning, permitting delays can still happen. It’s not uncommon for local planning departments to request additional information or revisions to your application, especially if something in your proposal doesn’t fully align with zoning or safety regulations. While this can be frustrating, it’s important to remain patient and proactive.
If your permit is delayed, reach out to your planning department to get a clear understanding of what’s needed. Sometimes, something as simple as clarifying a design element or providing additional documents can speed up the process. Keeping communication open and being quick to address any concerns or requests will help you avoid long delays and get back on track.
Handling Rejections
Occasionally, an SB9 permit application may be rejected, but this isn’t the end of the road. If your application is denied, it’s important to understand why. Often, it’s due to non-compliance with local design rules, environmental regulations, or zoning limitations.
The good news is that rejections are usually accompanied by clear feedback on what needs to be fixed. You can work with a professional, like an architect or contractor, to revise your plans and resubmit the application. Many homeowners successfully get their permits approved after making minor adjustments to their original proposal.
5. Recent Updates to the SB9 Permitting Process
Since SB9 went into effect, there have been updates and clarifications that could impact your project. These changes are important to be aware of, as they can affect everything from the approval timeline to specific requirements.
Statewide Developments and Clarifications
One of the biggest updates to SB9 involves additional guidance from the state to ensure uniform implementation across cities. For instance, the state has provided clearer rules on lot splitting—especially regarding how many units can be built and what qualifies as an “eligible” lot. These clarifications help avoid confusion and streamline the approval process, but it’s important to stay up to date on any new developments that might affect your project.
Additionally, there have been court cases that reinforce the state’s authority over local zoning laws, further supporting homeowners in areas where SB9 has faced resistance. As cities adjust to the new regulations, it’s becoming easier for homeowners to get their projects approved.
Local Updates and Adjustments
While SB9 is a state law, local governments still have some control over how the law is applied within their jurisdictions. Some cities, like Los Angeles and San Francisco, have made moves to streamline the SB9 approval process by simplifying design review and permitting procedures. These cities are actively working to make it easier for homeowners to take advantage of SB9’s benefits.
On the other hand, cities like Pasadena have introduced new restrictions, such as requiring design review for SB9 developments or limiting the number of allowable units in certain areas. Keeping an eye on how your city handles SB9 applications can save you time and help you prepare for any extra steps that might be involved.
6. Why Working with Professionals Makes the Process Easier
Navigating the SB9 permitting process on your own can be overwhelming, especially with all the local rules and potential challenges that can arise. This is why many homeowners choose to work with professionals who are experienced in SB9 compliance and can guide you through every step of the process.
Avoid Common Mistakes
A professional contractor or architect who’s familiar with SB9 can help you avoid common mistakes that lead to permit delays or rejections. They can ensure that your design complies with local regulations, meets environmental standards, and addresses any potential site-specific issues.
Faster Approvals
Professionals have established relationships with local planning departments and know how to handle the permitting process efficiently. They can help you prepare your documents correctly, respond to requests for more information, and make any necessary adjustments to your plans—all of which can speed up the approval timeline.
Less Stress for You
By working with professionals, you can focus on the bigger picture of your project without worrying about the details of permits and regulations. They’ll handle the paperwork, inspections, and approvals, ensuring that your project runs smoothly from start to finish.
Streamline Your SB9 Project with Confidence
Navigating the SB9 permitting process may seem daunting, but with the right approach and knowledge, it can be manageable—and even smooth. By understanding the steps involved, addressing common challenges, and staying informed about recent updates, you can successfully secure the permits you need for your SB9 development.
Ready to get started on your SB9 project but need help navigating the approval process? Builders Now is here to help! Our team of experts specializes in SB9 compliance and can guide you through every step, from site preparation to final approvals. Contact us today for a free consultation, and let us help you bring your project to life, hassle-free!