Senate Bill 9 Frequently Asked Questions
Planning Division staff has prepared the following list of questions to assist property owners while navigating the requirements for SB 9, and determining if they can develop additional units on their property or subdivide their lot with a ministerial permit. This list is not exhaustive, and may be updated periodically. Please check back for updates.
Para las personas que soliciten información sobre estas preguntas en español, comuníquese con la División de Planeación al plan.counter@ventura.org, o llamar al 805-654-2488.
1. What is SB 9?
Senate Bill No. 9 (SB 9), signed into law by Governor Newsom on September 16, 2021, requires all local agencies to approve a proposed housing development containing no more than two residential units on a lot within a single-family residential zone, with a ministerial permit, if the development meets certain criteria as described below.
The bill also allows the subdivision of one lot into two lots (“lot split”) within a single-family residential zone with a ministerial permit, if it meets certain criteria as described below. Each newly created lot, after subdivision, can accommodate up to two units on each lot.
The complete bill text is available here.
2. When does SB 9 go into effect?
The legislation goes into effect January 1, 2022.
3. How many units will be allowed on a lot that is eligible for SB 9?
- Without a lot split, an applicant may construct two detached single-family units or one two-family unit in addition to an Accessory Dwelling Unit (ADU), or a Junior Accessory Dwelling Unit (JADU) as permitted by law.
- With a lot split through SB 9, an applicant may construct up to two units, inclusive of any combination of ADUs and/or JADUs, on each of the newly created lots.
See Question 5 below for more information regarding ADUs and JADUs.
4. What is a ministerial permit?
A ministerial permit is a permit that is granted based upon determinations that the proposed project complies with established standards and criteria set forth in either the Coastal Zoning Ordinance or Non-Coastal Zoning Ordinance, and/or state law. These determinations are arrived at objectively by the County Planning Director or his/her designee. A ministerial permit does not include discretionary review, i.e., they are not open to personal interpretation or preference. Additionally, such projects do not require environmental analysis (CEQA) or public hearings. Common ministerial permits in the County are Zone Clearances, some tree trimming and tree removal permits, and film permits.
5. What about Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)?
ADU and JADU laws pursuant to Gov. Code § 65852.2 and Gov. Code § 65852.22 will continue to apply to eligible properties provided they do not utilize both the two-unit development and lot split provisions of SB 9.
For example, an applicant with an existing legally permitted single-family dwelling unit on an eligible lot can seek permits to build a second single-family dwelling unit on that lot using SB 9. Assuming the applicant is not also pursuing a lot split, the lot could be developed with any additional ADUs or JADUs that may be allowed pursuant to the ADU and JADU laws.
However, if a lot with an existing ADU is subdivided pursuant to SB 9, the existing ADU will count toward the maximum allotment of two units per each newly created lot. No more than two units (inclusive of ADUs and JADUs) per lot will be allowed on lots created through SB 9.
6. Do I need to apply for a permit or pay fees to develop additional units through a ministerial approval of SB 9?
Yes. Projects which request additional units or a lot split pursuant to SB 9, require an SB 9 Zoning Clearance Application, which will be approved as a ministerial permit, and will require all applicable fees requested by the County agencies to conduct their review for the application of objective standards.
See the link for the SB 9 Zoning Clearance Application here.
7. What County zones apply to SB 9 for additional unit development?
Not all lots within the above-mentioned zones can qualify to utilize SB 9. Properties must meet other eligibility criteria in order to develop on those lots. (See Question 10 below for additional eligibility criteria.)
*Note: The County of Ventura expanded the list of applicable zoning classifications which can utilize the provisions of SB 9 in May 2022, based on additional guidance provided through the SB 9 Fact Sheet (English and Spanish) published by the California Department of Housing and Community Development (HCD). Based on this guidance, the Planning Division determined that the purpose of the Single-Family Estate (RO), and the Coastal Rural Exclusive (CRE) zones meet the interpretations provided in HCD’s guidance document.
8. How do I determine the zone for my property?
The What’s My Zoning tool can be used to identify the zoning designation for lots located within the unincorporated areas of Ventura County. Start your search by typing in your Accessors Parcel Number (APN).
Alternatively, property owners may also use the free online County Viewer GIS Interactive Map to look up properties and access a variety of lot data layers including your zoning information, assessor parcel numbers, jurisdictional boundaries, general plan designations and aerial photographs. Start your search by typing in an address.
9. Do properties in the Coastal Zone have additional requirements to utilize SB 9?
Yes. Although some residential lots in the coastal zone can utilize SB 9 to add additional units or split their lot, eligible applications will continue to require the issuance of a Coastal Planned Development permit. However, this permit would not be subject to a public hearing.
10. What are the eligibility criteria for residential lots to use SB 9?
The legislation is specific on what criteria must be met in order for a property to be eligible to build a primary residence, a second primary residence or ADU/JADUs, or split the lot ministerially. In addition to the zone requirement listed in Question 7, the project site MUST meet all of the following:
- Be completely within an “urbanized area” or “urban cluster” as defined by the U.S. Census Bureau (see Question 11 below for the definitions);
- Not have been established with a prior lot split approved by SB 9 requirements;
- Only be utilized as a residential use.
In addition, the project must not be located on a lot which meets any of the following criteria:
- Designated as Prime farmland or farmland of Statewide Importance;
- In identified wetlands;
- On land identified for conservation or land under a conservation easement;
- Land identified as habitat for protected species;
- Is in a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a County Landmark or historic property or district;
- Is in a High or Very High Fire Hazard Severity Zone per the State Responsibility Area, or a Very High Fire Hazard Severity Zone per the Local Responsibility Area.
Finally, the project site may be located in the following areas if they meet the additional criteria listed below:
- Is in a previously identified hazardous waste site, if the site has been cleared for residential uses by the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control;
- Is in a delineated earthquake fault zone, if the development complies with applicable seismic protection building code standards;
- Is in a 100-year floodplain or floodway, if the site meets federal standards and receives clearance from the Federal Emergency Management Agency (FEMA). Use this link to identify if you’re in the floodway.
11. What is the definition of an urbanized area or urban cluster?
As defined by the U.S. Census Bureau:
- An urbanized area is an area with 50,000 or more persons; and
- An urban cluster is an area with at least 2,500 people, but less than 50,000 people.
Maps of urbanized areas and urban clusters can be found on the official U.S. Census Bureau website
*Note: The Census Bureau may revise the definition of “urbanized area” and “urban cluster”, based on updated data from the 2020 U.S. Census (anticipated in Summer 2022). The updated definition may include or remove certain parcels within the unincorporated county able to utilize the provisions of SB 9. Until an update is published by the U.S. Census Bureau, the current definitions and boundaries of urbanized areas and urban clusters will continue to apply to an application that qualifies for SB 9. Please visit the US Census Bureau Website for more information.
12. What are the development standards that a new unit must meet in order to get an SB 9 permit?
The development standards included in the Coastal Zoning Ordinance section 8175-2 or Non-Coastal Zoning Ordinance section 8106-1.1 for building coverage, height, setbacks, etc., associated with the underlying zone will continue to apply to projects utilizing an SB 9 permit. However, development standards which would prevent the construction of an additional unit of 800 square feet will not be applied.
SB 9 requires that project allow for the construction of a unit of at least 800 square feet and that the side and rear yard setbacks from property lines must be a minimum of four (4) feet.
- Note: If an existing legally permitted structure that is closer than four feet to the property line is being converted or reconstructed to add a unit pursuant to SB 9, that unit does not need to meet the four feet minimum setback, and can stay in its original location, even if it is nonconforming.
Additionally, units may be structurally connected as long as they comply with building code safety standards and are sufficient to allow separate conveyance.
13. What about parking?
One (1) off-street parking space will be required per unit. However, no parking is required if the lot is located within half-mile walking distance of either a “high-quality transit corridor” or a “major transit stop”, as defined by Sections 21155 and 21064.3 the California Public Resources Code.
Parking requirements for ADUs will be subject to Gov. Code § 65852.2, as applicable.
14. My property is on septic (i.e., not connected to a sewer system). Can I utilize SB 9 to split my lot or build additional units?
For properties with existing on-site wastewater treatment (typically septic systems), the applicant must demonstrate adequate septic feasibility and capacity. If an applicant is proposing to build additional units pursuant to SB 9, the County will require submittal of a soils report to determine soil suitability.
Applicants proposing to use new or existing on-site wastewater treatment systems should contact the Ventura County Environmental Health Division to discuss the requirements for additional units or a lot split prior to submitting an SB 9 application to the County Planning Division.
15. How will water be supplied to the new units?
Applicants must provide a “will serve” letter from the lot’s applicable water purveyor, or a Certification of Water Quality for an individual or shared water well from County Environmental Health Division indicating that enough water is available. The proof of water availability is required as part of the application and must be submitted and reviewed for acceptability prior to the issuance of a ministerial permit to construct any new unit(s). Contact your local water purveyor for information on obtaining a will-serve letter. For applicants proposing to use an onsite private or shared water well for potable use, contact the Ventura County Environmental Health Division here.
16. Can properties with affordable units or existing tenants utilize SB 9?
Yes, properties with affordable units or existing tenants may utilize SB 9 to build additional units or split their lot. However, affordable units, units with rent control, or housing that is currently occupied or has been occupied by a tenant within the previous three years cannot be demolished to accommodate additional units.
Additionally, units cannot be demolished if the owner of the lot has exercised the right to withdraw units from the rental market within the last 15 years pursuant to the Ellis Act (Gov. Code, §7060 et seq.).
A project utilizing SB 9 may not demolish more than 25% of the original structure’s exterior walls, unless it has not been occupied by a tenant in the last three years.
17. Won’t this just create a neighborhood of short-term rentals?
No, the legislation requires the owner of any units created using SB 9 to sign an affidavit restricting rental terms to be for at least 30 days.
18. What standards must be met for an SB 9 permit requesting a ministerial lot split?
Project applications requesting a ministerial lot split pursuant to SB 9 must meet all of the following conditions in addition to the eligibility criteria in Question 10 above:
- The lot split must result in new lots of approximately equal size (with a minimum size proportion of 60/40 for the resulting lots);
- Each resulting lot must be at least 1,200 square feet after the lot split;
- The lot cannot have been created by a prior lot split pursuant to SB 9;
- The lot is not adjacent to another lot that has been split using SB 9 by the same owner, or any person acting in concert with the owner;
- The applicant must sign and record an affidavit stating they intend to occupy one of the units as their primary residence for a minimum of three years, unless the applicant is a community land trust or is a qualified non-profit corporation;
- Lots must provide access to, or adjoin public right of way;
- The lot split must comply with the requirements of the Subdivision Map Act and all objective standards of the County’s Subdivision Ordinance that do not otherwise conflict with Senate Bill 9.
19. Can a lot be eligible for additional lot splits after a ministerial lot split under SB 9?
Yes, subject to the County regulations. The legislation only prohibits an applicant from using SB 9 to subdivide a lot if it was previously split using SB 9 requirements.
For example, if a property owner uses SB 9 to split a lot, it may be further subdivided using the regular procedures outlined in the County’s Subdivision Ordinance and the Subdivision Map Act, which relate to minimum lot size and other requirements that apply to the lot.
20. How do SB 9 lot splits relate to the Subdivision Map Act?
Proposed lot splits through SB 9 must meet the requirements of the Subdivision Map Act and all the objective standards of the County’s Subdivision Ordinance, except for any objective subdivision standard that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would prevent the construction of an 800-square foot unit.
21. Can a request for an additional unit or lot split still be denied if it meets all the criteria listed above?
Yes, a proposed SB 9 project (e.g., a two-unit development project and/or a lot split) that meets all the criteria above may be denied if the County Building Official makes a written finding that the proposed project would have a specific, adverse impact on public health and safety or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the adverse impact.
22. How do I file an application?
The application is available on the County Planning Division website at this link.
More information related to SB 9, including a public information fact sheet, is available on the Divisions website at this link – www2.vcrma.org/divisions/planning/senate-bill-9-sb-9/.
For additional information regarding SB 9 please visit vcrma.org/divisions/planning/. If you need assistance in determining if your lot can utilize SB 9 for development of additional units or a lot split, please contact the County of Ventura’s Planning Division at plan.counter@ventura.org, or by calling 805-654-2488.
