When you should NEVER use SB9
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- Опубліковано 20 сер 2024
- SB9 is a powerful law, but there are many times when you can't or don't want to use it. In this video, I go through the big differences between ADUs and SB9 regular dwelling units so that you can make the right decision for your backyard cottage, granny flat or in-law suite.
If you want to build a 2nd unit in your backyard, should you use the SB9 rules or ADU rules? There are important differences between the rules that give each building type different pros and cons depending on your project.
SB9 is a new housing law that passed in California and it allows some homeowners to build a second house on their lot. And the ADU rules also let you build a second house, but with different specific rules.
This video goes over some of the differences between ADUs and what I'll call regular dwelling units.
This video does NOT cover lot splits which you can learn more about here: • SB 9 Explained - ADUs ...
If you've been thinking about building a backyard cottage, granny flat, in-law suite, or some other kind of detached house on your CA property, this video should help you figure out the strengths and weaknesses of SB 9 and ADU rules.
This is general information and you should speak to a lawyer and your local planning department about your specific situation.
thumbnail image courtesy of inspiredadus.com
b-roll courtesy inspiredadus.com in Oakland and neobuildersadu.com in Los Angeles
special thanks to Kristina Smallhorn for advice on the video
MORE RESOURCES:
🏠 Subscribe to this channel: www.youtube.co...
🏠 SB9 Frequently Asked Questions: • SB 9 - Frequently Aske...
🏠 Text of the law: leginfo.legisl...
🏠 Illustrated Guide to SB9: sites.google.c...
GET STARTED WITH YOUR OWN ADU PROJECT:
Share your project with me and get help: bit.ly/yt-adu
Meet more people in the How To ADUniverse:
🏠 Our Facebook Group: / howtoadu
🏠 My website: bit.ly/youtube...
🏠 My Twitter - @howtoadu
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To learn more about how SB9 works and how the lot splits work, watch this next: ua-cam.com/video/3gAy4GyLZNg/v-deo.html
Love that coffee cup, where can I get one?
@@michaelwalter3399 Thanks ;D bit.ly/adu-mug
Great job explaining SB9. Your videos are really valuable to many of us. Thank you!
Thanks so much for watching - I'm glad it helps!
I need one of those cups!!! I love it!!
your wish is my command. Incoming!
Thanks for the update.
Thanks for the comparison, this helps a lot explaining the difference!
My pleasure! The differences are stacking up as we learn more about SB 9 interpretation at the local level too!
Thanks for this post! Grateful for UA-cam!
What if I have an existing building/garage that I want to convert into another home?
Thank you again for all the information!
It's a pleasure - thanks for subscribing :)
Love the video Ryan!
Suggested topic request - SB9 - how to subdivide property / title (for ready to sell) ..thanks
ADU's in CA have to have Solar now per Title 24 , just fYI.
Thanks - there are some exceptions for attached ADUs, conversion ADUs, manufactured ADUs that use title 25, shade exemptions, small roof exemptions, and a few other bits and bobs. But yes, generally true!
Solar panels will be exempt for ADUs starting in Jan 2023 !!
@@mrc5368 tell me more! What’s causing that?
@@mrc5368 At the rate the city is going about approving our plans we might just enjoy this benefit.
@@HowToADU The Solar PV elimination was mentioned at a webinar with HCD earlier last week. Everyone seemed to know that the CEC adopted the 2022 Energy Code last year, effective 1/1/2023, and exempted ADUs from the Solar PV requirement. I have no specifics, so to me its basically hearsay at this point. The only adopted exceptions I see to 2022 CEC Sec 150.1(c)14 are for small dwelling units where the PV system size is less than 1.8kWdc. For me here in Climate Zone 12, that would be about 650 SF of CFA (Conditioned Floor Area) maximum . The maximum CFA varies by climate zone. The exception doesn't differentiate ADUs specifically from any other detached living unit. Not being required to provide a Solar PV system also avoids the battery backup systems being pushed by the CEC.
There is also a finding for current (pardon the pun) ADUs that allows an applicant to place the Solar PV array on the main house or other building on the same lot. This is handy to obtain better sun exposure, install on a larger roof, combine the new with an existing system, or to be closer to the main panel for more efficient reverse electric feed.
Updates greatly appreciated. MrC / architect(a)carradine.com
Wait, HOA's can not restrict ADUs?
so the SB9 swelling will be a separate property tax?
Are these new laws for homeowners only who occupy the premises ?
Broadly speaking, SB9 lot splits require a homeowner to sign an affidavit that says they'll live in a unit in one of the resulting lots for three years. But the second unit lot (not the lot split) has no such requirement.
SB9 can not be smaller than 800 SF. You mentioned that incorrectly in your video that one can have an SB9 unit smaller than 800 SF.
Generally, the unit can be smaller than 800 sf. The lot size of a resulting lot after a lot split might be what you’re thinking about?
Thank you for the share.
Thanks for watching!
Thank you, very informative.
Thanks. Please let me know if you have any questions I should cover in future videos.
@@HowToADU Hi Ryan. Once SB-9 goes into effect, I bet there will be lots more searches and views of your videos. I'd say at that time, it might make sense to do a video dedicated strictly to utilities, attaching real world cost/time/hardship estimates, because I think a lot of people don't realize what's involved, and they can be a huuuge problem/cost. It might even make sense to do one video for how to handle utilities on an ADU, and another one for how to do it on SB-9 (which as you say is going to be mandatory separation). Another cost people forget to tabulate is demolition. Even on a garage conversion, if you redo the slab, a couple low-boy dumpsters will easily run you $1500 each, plus all the labor to fill them. Furthermore, some cities (like Long Beach, CA) charge an up-front recycling deposit of (minimum) $1600 and then it's up to the homeowner to hire the right type of waste/recycling company from a list, remember to specify "C&D report" (or your deposit goes poof) and THEN remember to submit your paperwork AFTER final inspection to get your deposit back! Just some ideas.
Hi, what is the best way to contact you? I want to get your feedback on doing a SB9 lot split and how long will it take to get permits and actual lot split?
I live in Inglewood CA. Can I build an 800 sq ft ADU and a 400 sq ft home office/laundry room?
In Inglewood there are some set back rules, if you are zoned R1, I a single family home. You can convert the garage and then you also do a jr ADU. Call the planing department in Inglewood in the morning, they actually answer the phone unlike other cities. They will tell you what you can and cannot not do.
What the Asberrys said is good advice. Call the planning department. Depending on your layout, you might be able to do what they're describing.
That said, laundry room/home office can sometimes be built with permits much lighter than ADU, JADU or SB9 permit. For example, some jurisdictions will let you apply for an 800 sq ft ADU with a 400 sq ft unconditioned laundry room attached to it. (This 400 sq ft laundry room may be subject to FAR and open space requirements though so it's really hard to give specific advice without knowing more about your lot). The planning department is your best bet!
Here's a video about that laundry room trick: ua-cam.com/video/t4UHMKsdqoc/v-deo.html
So does ADU, SB9 or guest house work in Coastal Zone in Malibu? Need to retrofit barn to something livable...
You should see about the local coastal zone regs first and then the other stuff. Could be cool if it’s allowed !!
Thank u
Awesome info, ty. Any idea on how to get school fee exempt for ADU?
The state says you get out of school district mitigation fees under 500 sq ft, but I’ve seen districts charge even for tiny ADUs. It’s usually pretty affordable though!
Hello. Traditionally subdividing property can be upwards of 50k. How much are the fees going to be for sb9 split?
I'm not sure yet. SB9 usually uses the same regulations as other subdivisions so I imagine they will be similar. That said, we'll have to watch the cities to find out what they plan on doing for both fees and processing times.
@@HowToADU thanks for the reply. I hope they plan to subsidize the fees or it will be too inconvenient for homeowners to use. I think this would knock out over half of the eligible homeowners from using it.
@@evanafenir3700 that’s a great point.
city of wildomar, riverside county is stopping from an existing detached garage conversion due to dept.of environmental health not signing off on separate septic or tie in to existing septic. any advice?
You should share that with the HCD and ask for technical assistance. Adu@hcd.ca.gov
I am confused on the height limitations. Under SB 9, can I add a 2nd unit (convert an SFR to a duplex) by building a 2nd floor that exceeds 16 feet? Currently, several of my neighbor have done second story additions that exceed 16 feet. Can the city allow a 2nd story sfr addition but not allow a 2nd story second unit (again, talking about additions that exceed 16 feet).
This is complicated and I'm not offering legal advice for your specific situation. You should check in with your local planning department for their perspective. Then you can read the HCD fact sheet on SB 9 for the state's perspective: www.hcd.ca.gov/docs/planning-and-community-development/sb9factsheet.pdf
Generally speaking, I don't see a lot of cities where there is a 16 foot height limit on residences in the underlying zoning code. If your underlying zoning code allows you to do two story homes, then you should be able to explore that with the SB 9 permit. Having said that, a lot of cities have taken the position that there are different height/size limits on two unit properties and the zoning ordinances have different restrictions for those two unit projects. So if you've got a situation where the locals don't want to follow what it says in the HCD fact sheet, you should let somebody like me know ( hello@how-to-adu.com ) and we flag it for the lobbyists and legislators.
anyone know what the front yard setbacks are on sb9 lot split?
Speak to the local planning department for details.
Generally speaking, a local agency can still require a 4 foot side and rear setback.
If you're replacing an existing structure, you should generally be able to maintain the existing setback.
It's not super clear whether the local jurisdiction can require you tor lot split to avoid creating a non-conforming setback, so speak to the local planning department for details.
There are also no restrictions on other objective standards like front setbacks, daylight planes, and so on -- except that those restrictions shouldn't preclude the construction of a unit up to 800 sq ft. For example a city might have a very large front setback requirement that prevents most homeowners from building in the front yard. But if the front yard is the only place to put a 799 sq ft SB 9 unit, then that rule may be unenforceable - we'll wait for clarification from the HCD on this one!
Good video! If there is an ADU that was permitted in 2021 and being completed (COO) in 2022 and there is a separate access from an alley in the back, could one break up the lot and ADU from the main house and sell them individually?
I answered this elsewhere I think - let me know if you still need help!
If u split a property can the lot on the vacant side have 2 adu units or do they have to be traditional builds?
In theory, every ADU needs to be an accessory to a traditional primary home. You can talk to your city to see what they say. The big questions are things like do the two units on the resulting vacant lot get their own utility hookups? Things like that
If I purchased a home with a ADU already established would I be able to subdivide that lot keeping those two on one parcel and then building a primary home on the newly established lot? Typically how long would it take to be approved if so? Thank you.
Generally speaking, SB9 should allow you to do that specific thing. Create a new empty lot and leave your adu and primary on the old lot. The new lot could then take a new primary home. That is the intent of the state law. That said, local jurisdictions are interpreting this differently and it can take a lot of time and money to win that argument. We don’t have average processing times because it doesn’t go into effect until January but I expect the times to vary a lot by jurisdiction. (And the cost)
What is the tax on 2 lot splitt
You should talk to your county tax assessor for the property tax assessment implications.
@@HowToADU they dont know eather I guss it to new
@@darrellvartanian3361 Well as long as they don't give you an assessment, sounds like they can take their time ;DDD
@@HowToADU assessor said adu detached 2% of the sft
But they could not anwer for sp9 they were like never herd of it
Great information and clearly explained, thanks!!! Well, I have a corner lot with two houses, each facing a different street, each with water, gas and electrical meters. Not sure about sewer connections. Can you help me separate the houses with lot split? I talked to L.A. County planning prior to Covid, and they said if other properties exist with similar lot size with two houses, then they will approve. Can you help me with the plans process? Thank you either way. GREAT, SIMPLE TO FOLLOW, INFO!!!
Sure. Give me a call and I can point you in the right direction - you probably need a surveyor more than anything else. calendly.com/how-to-adu
Thanks for this video.
Can you clarify, if I do a lot split and end up with 4 homes on two lots, Can I sell 3 of the homes and keep the reminder or can I only sell the lots with 2 homes on them?
Also, any idea how the new lot ends up with an APN? Just curious how this all will work.
Generally, the owner can sell either lot. There is also a process called condo mapping that should let some people sell one of the SB9 regular dwellings separately - but you should talk to a real estate attorney about your specific situation. The new APN should be issued during the sb9 subdivision process.
@@HowToADU got it.
I own a 11,250 sqft lot in LA. It has 2 single family residences on it. The city planner is telling me I can split the lot so I’ll now have 2 lots with 1 SFH on it, but by doing so I’m giving up my right to build an ADU on either of the new lots. I’m hoping that changes in the coming years because I only want to sell a lot if I can add an ADU back to my remaining.
Ryan did I miss it? Do we have more info yet on building ADU and converting it to SB9 duplex in the future? Or SB9 split and ADU becomes SFR on the 2nd lot?
No you didn't miss anything ;)
We still don't know if cities will allow people to convert ADUs into independent dwellings that can be conveyed separately, or if they'll allow lot splits that separate the ADU from the primary without "de-zoning" the ADU or something like that.
There is a law that passed that allows certain types of non-profits to sell ADUs separately (sponsored by Habitat for Humanity) so I'm VERY keen to see what the details are on that one. Presumably, Habitat will be able to build them to be independent from the get go or something. Time will tell.
I'll message you when I publish a video about it.
@@HowToADU HI Ryan, Thank you for great info, im in the process of getting my ADU permitted and thinking about going to SB9 direction, trying to find info if that will be possible to split a lot after the ADU built ? means that the ADU will be separated from the main residential, any updates ?
@@BarefootPreschool If the lot split would separate the ADU, it depends on the jurisdiction. If the lot split would not separate the ADU, it's my understanding that the state rules should require the jurisdiction to approve the lot split (as long as the two resulting lots have no more than 2 units each on them, and they fit all the other requirements of the lot split rules).
Do you know anyone that will finance a ADU in Los Angeles County?
Do you know what kind of financing you're looking for? Here's a video that might help you figure out the different kinds of loans out there: ua-cam.com/video/yZdLW5-iU0Y/v-deo.html
And this is a very good webinar series hosted by a non-profit in Los Angeles. Definitely go and meet Katherine www.hppcares.org/workshops/2019/11/23/how-to-adu-finance-construct-lease-protect-kdzwm-9rmll-kzfed-4zzd8-ydxnw-ra6l5