You keep asking: SB 9 or ADU (Accessory Dwelling Unit) - which is better for you? 🤔 👉 kzbin.info/www/bejne/pKLXq2CjqLJ0kM0
@tinyhomelady Жыл бұрын
thank you so much for this great overview. I was trying to explain this to some friends of mine about their options as there’s a group of us that are interested in living in an area in northern California on the same property and doing a lot split scenario.
@WIREassociates Жыл бұрын
Thanks for watching and the kind words! Los of moving pieces and parts to SB 9...
@branjoon Жыл бұрын
Great video Christian! I wanted to ask about a point you made about SB9 eligibility. You mentioned at 3:51 that SB9 cannot be used on a property that is currently being rented or if it was rented within the last 3 years. I read the legislation and the only reference I can find in the legislation that excludes SB9 from being used due to tenant occupancy in the last 3 years is specifically associated to the alteration or demolition (anti-displacement measures) of the unit on the property. Reference Section(1)(3)(C) and Section (1)(5)(B) What are your thoughts on this tenant exclusion clause? I'm interpreting it to only apply if demolition or alteration of >25% of the existing structure is planned. Appreciate your time!!
@WIREassociates Жыл бұрын
Correct, it's only if 25% or more of the tenant occupied structure is being demolished that the 3 year rule would apply. If it's less than 25% or the structure isn't touched, then the 3 year tenant occupied rule does not apply.
@scottscialabba73242 жыл бұрын
Awesome video! Question - Can you use SB9 to split a piece of currently vacant land without any house on it yet? Zoned for R1 of course..
@WIREassociates2 жыл бұрын
Thanks for watching, Scott! That is a good question that will be up to the local municipality to decide. IMHO, a 3 year affidavit of owner occupancy should work in this case as long as you're certifying that you'll move into one of the structures at some point...
@Luc_Weinland2 жыл бұрын
Is a lot that is zoned AG-1-10 and within an Urban Area eligible for a lot split under SB9 ? AG-1-10 is Agricultural, 1 dwelling per lot, 10 acres lot. Construction of a residential dwelling is allowed on AG-1-10. One of the requirement for a lot split under SB9 is that "The parcel is located within a single-family residential zone" (from 66411.7. (a) (B) (3) (A)). What does that mean exactly ? That the zoning must necessarily be of the "R" (Residential) kind or that an AG zoning where residential construction is possible also meets the definition of SB9, 66411.7. (a) (B) (3) (A) --> "The parcel is located within a single-family residential zone" ?
@WIREassociates2 жыл бұрын
For the most part a lot that is zoned Agricultural that allows only one single family home should qualify for SB 9. LA County allows this, for example.
@tracythrowerconyers5 ай бұрын
Did you happen to mention the residency requirement? Please provide the timestamp. I'd love to hear it.
@aldoogie8243 жыл бұрын
It'll be interesting to see if there needs to be an easement for things like utilities. I think a follow up video is getting into the practicality of what is feasible given local ordinances with regards to setbacks - which can have a large impact on what can be built. This, and how parking is going to be treated, which is a big issue. Also, you could put those houses on top of each other. So, if you split your lot, and want to build a unit, you can add an ADU on top of it, provided you stay within certain local height limits.
@WIREassociates3 жыл бұрын
Thanks Aldoogie, more content to come for sure! 😀 I left out some of the more "technical" bill terms, but setbacks are 4 feet and parking is one spot per unit, unless there's public transit within a 1/2 mile. You'll be limited to 2 units per lot...no ADU can be added to make it 3 or more.
@aldoogie8243 жыл бұрын
@@WIREassociates The setbacks in the side and rear will go to 4' like they are for ADU's, but the front setbacks may remain the same - I believe.
@WIREassociates3 жыл бұрын
@@aldoogie824 Correct, the side and rear setbacks are 4 feet (or can be smaller if the local agency allows). Front setback looks like it will stay the same. Interestingly, if the current structure is nonconforming with a setback, the new structure can keep that...
@JeffreySilberman2 жыл бұрын
I have a 3 acre unimproved lot in Marin County. I have an access easement over a *private* gravel road contiguous to my lot. I would like to split it. There is a local fire ordinance which states that I must pave this road in order to build a house. However, SB9 states that “No right-of-way dedication or off-site improvement may be required.” Paving is an improvement and the road borders but does not cross my lot line; therefore is it not offsite? The Planning department has indicated in public hearings that it intends to wrest back control of its housing discretion by strengthening the fire code. Does not SB9 supersede a local fire code in not requiring the paving of off-site roads as a condition to split a lot? If the planning department can mandate that the current 12’ wide road be widened on a steep hillside 16’ to 20’ in width, this could render the entire housing development prohibitively expensive and defeat the very purpose of SB9. What is the purpose of the cited SB9 text if not to preclude a planning department making a lot split economically unfeasible?
@WIREassociates2 жыл бұрын
here will be pushback from municipalities against SB 9, just like ADU regulations received. I agree with your position that you can't be required to pave this road under SB 9, but you may need to hire an attorney to fight for you since it sounds like the planning department will probably disagree. The street widening may be a different issue if that's required to allow fire truck access, then the planning department may win on that one.
@annadagum Жыл бұрын
I rent a house on a lot that I want to split (so NOT owner occupied). The parcel qualifies for an SB9 lot split. My question is - If I plan to just split the lot and not build on it for three years - can I get around the 3 year owner occupied affidavit rule? I will talk with my local planning agency.
@WIREassociates Жыл бұрын
The lot split is what triggers the owner occupancy provision. Is there anything there currently to occupy as an owner or is the lot vacant?
@l.campbell189110 ай бұрын
Have a lot of land with single family 3 bedroom home on it in California. Plan to retire in near future and want to downsize and travel. Would like to sell part of property that includes house and garage and park of the yard, and live in a motor home on the half of that I keep. My plan would be to live on the other half in a motor home. What steps would I take to find out the process of determining if this is even possible? I the home does not have mortgage and is paid for. It would be great if I could retain some some of the land . I don't want all the upkeep and expense that comes with a home in my golden years. Where do I start?
@WIREassociates10 ай бұрын
First step would be to go to your local planning office to see what they say about being able to split the lot. Ask if it's eligible for a lot split under current local code and/or a lot split under SB 9. If eligible, then ask if they have a guide for the next steps.
@l.campbell189110 ай бұрын
Thank you so much for the helpful information. I did not know where to begin if not for you. Will keep you posted.
@screammachineman3 жыл бұрын
Gotta love a new vid from Christian! Questions unanswered from the state: 1) If you have a mortgage, how does the lender deal with a sudden lot split? Do they have lien on the new parcel? What about on the 2nd house you build? This seems like it gets really confusing. 2) SB9 or ADU? You mention future content (we want it now! :) ) 3) If we build an ADU, can we split the property after it's built and have the ADU (1,000sf) simply be the SFR on the 2nd lot? 4) The affidavit law says
@WIREassociates3 жыл бұрын
Thanks for watching, Larry! More content to come, but here's a quick answer: 1) Technically, the lot split would trigger the acceleration clause, which means that the loan would be due. We have a workaround on this. The lender would not have a lien or interest in the new parcel. 2) Haha! We'll run through the pros and cons of each. 3) Probably. 4) Comment was cut off...
@screammachineman3 жыл бұрын
@@WIREassociates Weird it was cut off. 4) The affidavit law says 'intent' to live there for 3 years. What enforcement can cities use if a developer changes their mind afterwards and doesn't want to live there after it's split? Can they just change their mind on 10 lots...? I'm thinking no bc then it's obvious they never intended to live there.
@re4all1192 жыл бұрын
@@WIREassociates Whats the workaround on not having to pay off the loan? Thanks.
@WIREassociates2 жыл бұрын
@@re4all119 Actually the workaround is a well-timed refi as you split the lot, I realize that was vague in the comment above, sorry. You'll refi and split at the same time. Ultimately, the loan does need to be paid off (or replaced) if splitting the lot.
@re4all1192 жыл бұрын
@@WIREassociates I am a realtor and developer in NorCal, have the ordinances of most cities/counties around me, have talked with the taz assessor and surveyors, I have yet to find a lender that grasps the potential business volumes and knows how to do it so the first mortgage and the reduction of the security (the real real property loosing square footage) does not hinder the transaction. Thanks for your prompt reply!
@kevinpope5799 Жыл бұрын
Have there been any cases where sb9 split has been successful despite contradictory ccr codes or hoa opposition?
@WIREassociates Жыл бұрын
I don't know of any specific examples. but I've been told that SB 9 is "by right," which means it supersedes HOA regulations just like ADUs. Definitely discuss with an attorney.
@tracythrowerconyers5 ай бұрын
@@WIREassociates No, HOAs can be more restrictive than state law. Currently if an HOA has prohibitive rules, HOA rules prevail, at least according my HOA's attorney.
@VictorGonzalez-oj3bn2 жыл бұрын
The Wording is slightly confusing for me. Can the property (physical home) be tenant occupied AND WITHOUT altering or touching said property still qualify the LOT to be split by SB9? (given the affidavit and other things qualify) EXAMPLE: current property owner has section 8 tenant in house, Owner adds ADU to lot, uses SB9 to split the lot and build 2 additional units on other lot, while occupying atleast 1 unit for 3 years...... Does this scenario qualify ? given lot size and everything else checks out?
@WIREassociates2 жыл бұрын
I agree that it is ambiguous! My reading is that your scenario DOES qualify as long as you don't demolish the existing structure, like you said. The one challenge that you may run into: if there isn't another structure to be a primary residence for the lot split 3 year affidavit...
@shawnhossini33218 ай бұрын
Can you add an SB9 unit 9 (without a lot split) and then add an attached ADU or JADU to the SB9 unit instead of adding the ADU to the main initial house?
@WIREassociates7 ай бұрын
Local areas are not required to allow ADUs beyond the 2 units per lot.
@hborbon1 Жыл бұрын
Can I file for SB 9 if I still owe on the property? love the content, keep it up!!
@WIREassociates Жыл бұрын
Good question...if you're going to split the lot, then you'll need to refinance because you'll be changing the bank's collateral.
@tracythrowerconyers5 ай бұрын
@@WIREassociates But on a happier note, @hborbon1 already meets the residency requirement....
@reallyletsdoit2 жыл бұрын
Can you do a video on how this interacts with the current Ca ADU/JADU laws? Thanks this was a great video!!!
@WIREassociates2 жыл бұрын
Thanks for watching! Yes, we'll make sure we cover that...
@johnhyatt82132 жыл бұрын
So you want to add an income unit on your lot, can the city obstruct a curb cut for a driveway?????
@WIREassociates2 жыл бұрын
The short answer is maybe, but it would need to be an objective reason...did they give a reason?
@dasamoto3 жыл бұрын
Hey Christian, thanks as always for your super helpful content. I have a property that is zoned R1-1-RIO per ZIMAS that already has two detached units and a detached garage. Would I still be eligible for the lot split even though there are technically already two separate houses on the property? I would like to split the lot so that one of the detached units is on one lot, the other detached unit and the garage is on the other lot. I do not see anything that addresses this scenario in the SB9 text so would really appreciate your thoughts.
@WIREassociates3 жыл бұрын
Thanks for watching, Dan! A site like yours will be one of the test cases for others out there. The biggest challenge: are either of the houses being rented out? This may be the bigger issue if one or both is. If not, you should still be able to split it so that each house is on a separate lot or both are on one and you apply for the duplex conversion for that lot. The detached garage shouldn't change the equation because the bill does reference detached structures being OK, which I am assuming means structures like garages and sheds that aren't housing.
@mikestratton84662 жыл бұрын
Great Video- Does this only work on R1 Zoning? Does R2 zoning with 1 house qualify?
@WIREassociates2 жыл бұрын
Currently it's only required in single family zoning...R2 with one house would not be eligible unless the local municipality allows it. It's worth asking at the planning desk...
@bruthavicta84422 жыл бұрын
Seems to be the same as a regular subdivision. Would still be allowed to put an ADU on each lot.
@WIREassociates2 жыл бұрын
Not with SB 9, because the bill language specifically allows ADUs and JADUs to be excluded. Here's what it says: (f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7.
@dannyt70753 жыл бұрын
In my opinion, there is no Big impact on housing as I look at my neighborhood, for instance, it is in San Jose (north calif), every lot is 10k or bigger but the main houses just sit in center of the lots. As you mentioned, lot must be divided equally or 60/40. How can they do it without demolishing main house?
@WIREassociates3 жыл бұрын
Yes, that's a good point. This will make it tough, unless owners want to go to the trouble and cost of demolishing and rebuilding.
@RashmiSaid3 жыл бұрын
You can have the house physically moved. Still an expensive proposition, but cheaper than demolish and rebuild.
@dannyt70753 жыл бұрын
@@RashmiSaid wonder where you live??? Physically moving existing structures is more expensive than you sell your decided lot :)
@WIREassociates3 жыл бұрын
@@RashmiSaid That's an interesting idea that will work for some...thanks for sharing!
@mayberryworkshop Жыл бұрын
@@dannyt7075 Im from San Jose too, i have a good solution for this
@walidyasin20393 жыл бұрын
Great video Christian thanks for the info. A question, can the HOA prevent this split if it goes against ccrs
@WIREassociates3 жыл бұрын
Thanks for watching, Walid! Great question! The bill doesn't address HOAs (like the ADU bill does). Maybe future legislation will. Have an attorney review your HOA docs, there may be loopholes.
@premiumkarnwal48022 жыл бұрын
This is very informational video. Me and my friend are buying two adjacent lot. We both are planning to split lots. I am unclear now when you say assembly rule with neighbours. Do you think it will cause any issue.
@WIREassociates2 жыл бұрын
Thanks for watching! It's only an issue for adjacent parcels if there is the same owner for both parcels. As long as you and your friend have separate ownership of each parcel, then both parcels should be able to take advantage of SB 9. So for example, an investor can't buy two contiguous parcels and split both nor partner up with two owners of contiguous parcels and use SB 9 on both.
@tomhanwayescape2 жыл бұрын
I have a 2 and a half acre lot that I live on in the unincorporated area of San Luis Obispo Co.. My existing house and yards, outbuildings, etc. are all on the front half of the lot. There is an acre and quarter of unused land behind it, that would fit the forty percent factor. My house is on a private septic system and any house that I would build on the proposed lot would need a septic waste system. My question is, would the county allow me to do this with the septic system? I read the SB9 bill and saw nothing that addressed this question.
@WIREassociates2 жыл бұрын
Sounds like a perfect SB 9 candidate! I'd first check to see if you can do a "regular" lot split, then do an SB 9 lot split on one of the resulting parcels. As for septic system, you should be fine, if that's what's used in the area, then there shouldn't be an issue for it to have its own.
@kikilee71622 жыл бұрын
Im also from SLO county. I have an acre with my home on it with nothing on the back 3/4. Using SB9 or a regular lot split can i put a normal size house and garage?
@WIREassociates2 жыл бұрын
@@kikilee7162 Yes, you should be able to under SB 9 as long as it meets the other criteria.
@trentstokes51753 жыл бұрын
Is there anything discussing parking for these new parcels? Currently we are required to maintain off street 2 car covered parking in the city of Clovis. I currently have an ADU that I will be renting out and have considered the JADU. Are you suggesting that if the lot gets divided that the ADU and JADU go away? I have a 10,000 sqft lot and if I divided it and sold it in the future would the future owners ever be able to divide again?
@WIREassociates3 жыл бұрын
1 spot per unit unless it's near public transit and then it's not required. More details to come. Lot splits: one and done...can divide a split lot in the future unless there's new legislation that allows it.
@juliushowlett72473 жыл бұрын
Thanks, that helps alot. Appreciate the visual!
@WIREassociates3 жыл бұрын
Thanks for watching, Julius!
@nicholasamaro745 Жыл бұрын
So u got a lot split and duplex with 2.4 acre can u potentially split the lot 4 ways keep one for 3 years and have 3 additional pieces of land for sale.
@WIREassociates Жыл бұрын
Potentially...you'll have to meet all the criteria. Technically the only way to get 4 pieces is to split and build two condos on each lot. Condos have a separate APN and can be sold separately. Otherwise, you'd just have 2 properties you can sell after the split if you don't build the condos (one you'd need to keep as owner occupant for 3 years).
@fastchase3 жыл бұрын
I did the math on this, and it doesn't seem super feasible to me. Cost to build right now depending upon your area is 300/sqft plus. Meaning to build a 2000 sqft structure it's going to cost 600k minimum plus the cost of land. Not too many areas where it's going to be worth it.
@WIREassociates3 жыл бұрын
Definitely won't pencil in all areas, but many it will. Not to mention, that some property owners may apply for the lot split just to have it.
@stevend59012 жыл бұрын
Hi Christian, we are planning to build a detach ADU in our backyard. Can we split the lot and have the new ADU to be on the new separate lot ? Or we have to split the lot first before Building the ADU ? Thank you for your insight !
@WIREassociates2 жыл бұрын
Thanks for watching, Steven. Technically an ADU would need to be on the same lot with an existing SFR. It would need to be a single family home, not an ADU for it to be on a separate lot. So you can't have the ADU end up on a separate lot by itself...
@stevend59012 жыл бұрын
@@WIREassociates Thank you so much for your response Christian.
@Coach_Ish2 жыл бұрын
I have a question about the adding a duplex can it be 2 story? I live in Santa Fe springs ca?
@WIREassociates2 жыл бұрын
Assuming that there aren't any local height restrictions in your neighborhood that prevent two stories, then you should be able to.
@edgarvillanueva90612 жыл бұрын
So is it possible to have a single family home with a attached garage, convert the garage to a JADU, build a ADU, and then lot split, so i have the single family home and JADU on one lot and then the ADU on the other lot which would just be a stand alone single family home?
@WIREassociates2 жыл бұрын
Probably not...the second lot would need a main house, not just an ADU, but check with the local planning department to see how they will handle it.
@dmark07073 жыл бұрын
Thank you for your video. What if the lot is not rectangular like in an cul-de-sac? How can the lot be split?
@WIREassociates3 жыл бұрын
Thanks for watching! Yes, any lot shape could theoretically be split as long as it meets the other criteria and sticks within the 50/50 to 60/40 split.
@moto55132 жыл бұрын
There goes the neighborhood.
@carltonthomas7571 Жыл бұрын
Good morning my name is Carlton Thomas my business is dream team flooring so I had a question sd9 that's better than that's better than adu unit I'm will be trying to build one in Los Angeles California off of Crenshaw and 9th Ave and I'm building it out of tough shed
@WIREassociates Жыл бұрын
Hi Carlton, thanks for reaching out. There's a chance that SB 9 would be better, but it's a longer and tougher process than an ADU.
@hectoracosta81583 жыл бұрын
Thanks for the information. My question for you is any idea if the law requires a 2 car garage for each unit built?
@WIREassociates3 жыл бұрын
Thanks for watching! The law requires only one parking spot per unit. If it's within a half mile of public transportation, you may not even need to have the one per unit.
@tatsumali83c3 жыл бұрын
Detailed nice how about a tiny home in a backyard the one with wheels?
@WIREassociates3 жыл бұрын
If the tiny home is registered as real property, then that may work.
@tatsumali83c3 жыл бұрын
it’s going to be with DMV is that legal to put in a back yard ?
@WIREassociates3 жыл бұрын
@@tatsumali83c You'll have to research local ordinances on that...
@tatsumali83c3 жыл бұрын
WIRE Associates - Christian Walsh k thanks
@billbrintwood34012 жыл бұрын
Have you heard anything regarding HOAs? The ADU law from a few years ago overrode the HOA, but it appears that SB9 will not. That seems inconsistent and doesn't make sense. Is there a lawsuit coming?
@WIREassociates2 жыл бұрын
The first ADU bill did not address HOAs and that was added in the next version of the ADU regulations, plus a bunch of other "clean up." I expect a second bill after SB 9 to do a similar thing. Some HOAs may not have any specific CC&Rs against lot splits, so I advice researching yours to see what it says.
@billbrintwood34012 жыл бұрын
@@WIREassociates Our of curiosity, does "clean up" mean within months, or years? I don't know how government works on these things. Seems like a major hole in the SB 9 strategy.
@WIREassociates2 жыл бұрын
@@billbrintwood3401 It can take a year to two....that's how much time was between the ADU legislation. It was probably intentional so as not to slow down opposition from that and get it passed...it already had plenty of opposition.
@tracythrowerconyers5 ай бұрын
@@billbrintwood3401 And three years later....
@dmv75022 жыл бұрын
Great info Christian!!! We have a property in the city of Wildomar zoned RR, Rural Residential. Owner occupied for past 4 years. I have 2+ acres, city only allows one single family dwelling. I have 1 mobile home on the property, plus a garage. I talked to a civil engineer prior Covid and he said a subdivision would take 10-12 months with possible outcome of total 4 lots. This past week i talked to 2 civil engineers quoting me 1-2 years to do a subdivision due to Riverside County's part taking almost a year to do their part in the subdivision. Having 2+ acres, will the SB9 be feasible with only a 2 lot split vs a subdivision 4 lot split??? anyway you can help me? Im guessing the SB9 is way cheaper in overall cost and faster, Im only guessing.
@WIREassociates2 жыл бұрын
Yes, theoretically SB 9 would be the faster route to go, just make sure it's in a HUD Urban area (I explain how to figure it out in this video 👉 kzbin.info/www/bejne/naSroZajjpV9p9E ) But you could also potentially do the traditional lot split into 4 and then split one of those with SB 9 for a total of 6...just a thought.
@tinyhomelady Жыл бұрын
@@WIREassociates 11:26
@larryshakur65212 жыл бұрын
Question . My property extends to the next street. Can I divide, build a duplex and rent them out while using my existing home on the property as my residence ? Thank you
@WIREassociates2 жыл бұрын
Yes, assuming you meet the other qualifications (including zoning), then this sounds like a great use of SB 9.
@mshirash3 жыл бұрын
Couple of questions: 1) Can 2 story home be converted into a duplex with each floor being 1 unit? 2) An empty lot in single family residence be split into 2 separate lots?
@WIREassociates3 жыл бұрын
1) Yes, potentially, but you'll need to discuss design guidelines with the city, i.e. what updates and upgrades would be required to do this. 2) Yes, an empty r1 lot can be split under SB 9.
@ginalola3333 жыл бұрын
Great info, Thank you for the video~
@WIREassociates3 жыл бұрын
Thanks for watching Gina!
@savingtips10187 ай бұрын
Can you split existing single family house into duplex by putting a wall?
@WIREassociates7 ай бұрын
The short answer is maybe...you'll probably have to bring it up to current code.
@CaptainCaveman11703 жыл бұрын
Excellent video! Though I was hoping for some more clarification as to how the ADU/JADU law could be used on the split and duplexed lots. One of the "scare tactics" used to oppose the law was that one lot could be converted into an "8-plex" (which is incorrect because it would be actually be two fourplexes, right?). Also, my understanding is that splitting parcels happens on the county level and is not an easy thing to do. I have my doubts that lot splitting will suddenly be able to happen in a timely manner, especially with the guaranteed flood of requests!
@WIREassociates3 жыл бұрын
Thanks J! Great questions: final version of SB 9 essentially makes it either/or meaning you can only have a max of 4 if you do the lot split and duplex conversion. Lot splits can happen at the city level, but the APN comes from the county. It'll be very interesting to see how many owners go down this path...more content to come. 😀👍
@CaptainCaveman11703 жыл бұрын
@@WIREassociates Thank you very much for the answers to my questions! Since APN assignments involve updating maps and notifying the tax assessor, I can still picture so much red tape, but I hope I am wrong.
@modernarchive75022 жыл бұрын
Can't have been occupied by a tenant in the last 3 years. Why is that in there? Picture two houses on the same street. One has been owner occupied for ten years. The other used to be owner occupied until 3 years ago when it became a rental. Both owners want to divide their lots and build a house on the new vacant lot. The first owner stays put. The second owner moves into his new home. Now we have the same result on both of the original lots. Both are now split in two and both have one owner occ and one rental. Confused!
@josuejimenez3562 Жыл бұрын
@modernarchive7502 they want them chains on. If you can afford a second hone you dont deserve this perk.
@graceli69922 жыл бұрын
Very informational video. Thanks! In my city, for R1 zoning, FAR is 0.5. With SB9 coming in, will FAR be increased or stay same?
@WIREassociates2 жыл бұрын
Thanks for watching, Grace, that's a great question and you'll have to see how your area addresses this! SB 9 doesn't address FAR, but the bill does allow a minimum of an 800 sqft structure, so this would supersede the FAR if needed...
@graceli69922 жыл бұрын
@@WIREassociates I see. Thanks for the info. I will check with city planning department. Hope the FAR will be increased some. :-)
@tracythrowerconyers5 ай бұрын
@@WIREassociates I don't think so. Cities can always be more restrictive than state law.
@affordablerod30063 жыл бұрын
Hi, do your property have to be free and clear to do a lot split or will your mortgage company be onboard with it?
@WIREassociates3 жыл бұрын
You'll need to own it free and clear or you could time up a refi for when the lot is split.
@tutulupeataufale55962 жыл бұрын
Thanks for sharing, I have a question. We are in the process of purchasing a home. The lot size is 13000 sq ft. The main house is 1100 sq ft. Has a detached garage of 350 sq ft. If I wanted to covert garage and make it an adu of 750 sq ft. Can I then add a 3rd house under this sb9 ?
@WIREassociates2 жыл бұрын
You can ask the local planning department to see if they will allow it, but it sounds like you'd need to split the lot to add another unit.
@tracythrowerconyers5 ай бұрын
And make sure there isn't an HOA with lot splitting prohibitions.
@afbanales3 жыл бұрын
Can i split it the other way if there is an alley in the back...instead of splitting up down, we would split left right and the lot on the back would have iys own duplex
@WIREassociates3 жыл бұрын
Yes as long as it falls with 50/50 to 60/40, that should be fine. Great to have an alley for access!
@thehumblechannel34413 жыл бұрын
I have a single family house and a detached garage on my lot. I was thinking about converting the garage into a studio room, but with SB 9, does it mean that I can now convert the garage into a full unit, and then add another duplex in my backyard?
@WIREassociates3 жыл бұрын
You'd have to do a lot split first before you can build another 2 units.
@koertdubois67813 жыл бұрын
Opportunity zones, YIMBY'ism, vacation rentals, and zoning changes are simply ways that our leaders can pass along political favors while pretending to care about the community. So long as speculators drive the market, none of these will bring about affordable housing - we will just end up with more crowded unaffordable housing.
@lauraeckstrom912 жыл бұрын
Hi there, we live northern ca. We live in a house with a large lot. We are wanting to take advantage of sb9. If we were to split the lot and build 2 units on the 2nd lot, would we be able to move into one of those and sell the original house? We don’t want to rent our current house because of the efficiency of the home. Thanks!
@WIREassociates2 жыл бұрын
Yes, the short answer is that should work. I'd be open with he planning department on it and let the know that's the plan for the owner occupant required unit.
@lauraeckstrom912 жыл бұрын
@@WIREassociates Awesome, thank you so much for the reply! :)
@noushazar2 жыл бұрын
Hi, do you think there will be a change in the percentage of lot size to built area as well?
@WIREassociates2 жыл бұрын
Probably not, but you can always ask your local municipality if they will grant a variance to allow it.
@fastchase3 жыл бұрын
How does this work with an HOA? Why wouldn't a local planning department do anything and everything in their power to stop this, for example, according to the way this is written couldn't a planning department just claim your design does not conform with the neighborhood and tie you up with paperwork?
@WIREassociates3 жыл бұрын
It will probably be similar to the ADU legislation, where the first bill was slowed down by planning departments so they passed a second bill that plugged up loopholes. Yes, there are potentially ways that a planning department could slow things down, but should they? As for HOAs, not sure how many CC&Rs address and prevent a lot split, but it will be interesting to see how it plays out. This could also be addressed in a future version of the legislation.
@willlei44813 жыл бұрын
I believe the High fire zone was removed from the language on the final bill.
@heroicexecutive20253 жыл бұрын
Because ALL of California is a high fire zone 😂😂
@WIREassociates3 жыл бұрын
You're right that it doesn't specifically mention fire zones, but is potentially implied in this lovely worded section: (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
@joycebarnett60353 жыл бұрын
What if you build a duplex bottom level on top level so you got two residences next to a house and you do a lot split that way you can sell the duplex and the house separately if you want to? Could bring more money down the road
@richardrowe15383 жыл бұрын
cab you build a second story over your detached garage?
@WIREassociates3 жыл бұрын
If it doesn't exceed height restrictions then this should be fine.
@billbrintlinger10473 жыл бұрын
Two questions I have based on your very informative video... first... Can you clarify how the lot split can be sold after the split? I'm assuming that it can't be sold until after the three-year mark or can it be sold prior so long as the original owner stays for three years? Also, does this override any HOA requirements, i.e. if the HOA doesn't allow splits or ADU does SB 9 take precedent?
@WIREassociates3 жыл бұрын
Thanks for watching, Bill! After the lot split, there will be two separate parcels that can be sold individually. As for the affidavit, the owner is agreeing to keep one unit as owner occupant, but there's nothing that says the owner can't sell the other lot that they are not occupying. We'll see on HOAs...the ADU bill was expanded to cover HOAs so this may be required in future legislation. Also, be sure to check and see if your HOA really does prevent lot splits.
@billbrintwood34013 жыл бұрын
@@WIREassociates Thank you Christian for your great information. I did all of the research and this law applies exactly to my situation! I would like to split my lot and it's a perfect flag lot (long driveway access) with a view. My property is multi-level so it would be complete privacy! If you know of any developers in San Diego that do projects like this could you pass their info on to me?
@WIREassociates3 жыл бұрын
@@billbrintwood3401 That's great to hear, Bill! Sounds like you have the perfect parcel.
@grownupgaming3 жыл бұрын
SB9 doesnt override HOA right? So any house w/ HOA is pretty much not gonna have any impact?
@WIREassociates3 жыл бұрын
As of now, it doesn't look like it does override an HOA, but this can always be clarified in subsequent legislation (as was done for ADUs).
@tracythrowerconyers5 ай бұрын
Depends on your HOA's rules. Have you read them?
@grownupgaming5 ай бұрын
@@tracythrowerconyers our HOA forbids it.
@curtissharris89143 жыл бұрын
I'd need to do a flag lot any chance you'd know how wide the drive access has to be?
@WIREassociates3 жыл бұрын
That's not addressed in the bill, so it will probably come down to city requirements. And yes, that should still work. In lieu of the flag lot, you might be able to get away with an easement for access across the one parcel, but see what the city says. I've seen requirements anywhere from 16 to 20 feet.
@victorbaizan98552 жыл бұрын
Can you also built underground parking?
@WIREassociates2 жыл бұрын
You'll have to see what local regulations are for underground parking, but one thing to note is that costs start to add up when you start digging down.
@victorbaizan98552 жыл бұрын
@@WIREassociates thank you.
@deltadigger28333 жыл бұрын
Most lots aren't big enough, is there a minimum lot size?
@WIREassociates3 жыл бұрын
If splitting a lot, the minimum each lot can be is 1200 sqft, so the minimum is 2400 sqft.
@keriwhitmore13733 жыл бұрын
If you already have a house and a detached ADU, is there any way to split the lot under sb9 since the ADU required an agreement that you wo t sell the two seperately?
@WIREassociates3 жыл бұрын
What did you sign in your area? Was it an affidavit or deed restriction? Great question and one to discuss with a good real estate attorney. Since the law has changed, maybe you'll be able to subdivide, but it will probably take an attorney's help.
@apowave3 жыл бұрын
If you put in a duplex does the new unit need to be connected to the original house/unit?
@WIREassociates3 жыл бұрын
No, not necessarily. If you have the space, it can be a detached second unit.
@apowave3 жыл бұрын
@@WIREassociates if unit 2 is detached from unit 1 would unit 2 be considered an ADU or would you call units 1 and 2 a duplex?
@WIREassociates3 жыл бұрын
@@apowave It could be either, but in some cases there are potentially different regulations if it's a duplex versus ADU (one potential difference is impact fees, for example).
@hoangnguyen99473 жыл бұрын
What if I already built an ADU 1200 sqft in the backyard last year can I built another one next to the ADU 1200 sqft I built? Total of three units(original and two ADUs)
@WIREassociates3 жыл бұрын
Assuming it meets the other SB 9 qualifications, then you could do a lot split and add another unit.
@hoangnguyen99473 жыл бұрын
@@WIREassociates I don’t plan on splitting the lot, I just wanted to build another ADU the same as the one I built last year instead of building a JADU. Before SB9 passed The City allows homeowners to build one ADU and one JADU on the lot, but now with this new law SB9 passed I just wanted you to know can I build another ADU 1200 sqft instead of 500 sqft JADU? Thank you!
@a1049173 жыл бұрын
Assuming no lot split, you can either do an ADU or an SB9 permit, not both.
@Шедуле2 жыл бұрын
Will it work with AR-2 zoning?
@WIREassociates2 жыл бұрын
Potentially, as long as it's zoned for one single family home, then theoretically SB 9 should apply.
@vmxs2 жыл бұрын
I already has an ADU, can I urban-split my lot so that the adu is on the created lot and make it the primary dwelling for the created lot?
@WIREassociates2 жыл бұрын
It's a good question and the short answer is maybe. Usually an ADU shares utilities with the main house and may not be built to all codes that are required for a stand alone home...so you may be required to upgrade the ADU to meet these standards.
@cxs2403 жыл бұрын
Can the existing Un-permit ADUs get approval under this SB9?
@WIREassociates3 жыл бұрын
Good question. I think the answer is maybe...they could potentially be the second unit on a lot. Have you tried having them converted to legal ADUs?
@tingwu92563 жыл бұрын
I already build a separate unit (
@WIREassociates3 жыл бұрын
Yes, you should be able to as long as you can maintain the 60/40 split for area.
@tingwu92563 жыл бұрын
@@WIREassociates Thank you Mr. Walsh. Because the lot shape is irregular ~12,000 sq. Can I split 3 - 4 small pieces to meet the 60/40?
@WIREassociates3 жыл бұрын
@@tingwu9256 no, that won't work...has to be split into 2 pieces.
@tingwu92563 жыл бұрын
@@WIREassociates Thanks!
@reallyletsdoit2 жыл бұрын
If you have single family zoned lot and decide to do a lot split could you simply split the lot in half & immediately sell the raw vacant land created in the split to a developer? If so, would you still have to sign an affidavit and live in your home for 3 years? Technically you’re not adding another unit…
@WIREassociates2 жыл бұрын
Yes and yes. 😀 That's the easiest use of SB 9, split and sell! And yes, you would have to sign the affidavit for your home.
@user-in5in2yo6v3 жыл бұрын
What are you going to be the California taxes that are attached all of these changes? They always get the property owner in the end!
@WIREassociates3 жыл бұрын
Which taxes are you referring to? Property taxes or income taxes?
@deltadigger28333 жыл бұрын
High density housing coming to your neighborhood
@rjdiaz95513 жыл бұрын
This is insane. Increasingly the population density will destroy the character of the neighborhood. Renters have no stake in the life of the neighborhood. Also, what about water and sewer requirements? An R1 development was designed for a specific load.
@daikon7113 жыл бұрын
sounds great to me. Cities were never meant to stay the same.
@WIREassociates3 жыл бұрын
Questions: 1) How would we define "character"? 2) At what approximate density is a neighborhood's character destroyed?
@youtubecarspottersguide13 жыл бұрын
@@WIREassociates character all the same =mid century modern ,1940s Art Deco , 1950s atomic ranch .. corner lots might be able to split , lots 1/2 the lot goes up the hill behind the house or down a steep canyon cant do a lot split ? some beach cities the lots are 25x125 they do go street to alley these might be good to split and cost to do this ?? build new ?
@tracythrowerconyers5 ай бұрын
No, R-1 neighborhoods are not typically built for the load. The state expects the cities to raise taxes to cover infrastructure improvements.
@bobg80159 ай бұрын
Can I do the ADU in Los Angeles and do the SB9 lot split later
@WIREassociates9 ай бұрын
Potentially, but the ADU will most likely need to stay on the same lot, i.e. you can't split the house and ADU from each other.
@youtubecarspottersguide13 жыл бұрын
looking at $275 -$300 sf x 3000sf = $825-$900 for new builds can any one afford to lot split cost and build ?
@WIREassociates3 жыл бұрын
You don't necessarily need to do both a split and build. You can sell the lot off and leave that up to someone else to build....let them figure out how to make it pencil.
@chih-weiwan14623 жыл бұрын
Can a R1 vacant land build 4 houses too?
@WIREassociates3 жыл бұрын
As long as it meets the requirements, then R-1 vacant land should be fine for 4. You'll need to sign an affidavit to live in 1 of the 4.
@brianchan18803 жыл бұрын
Would you need to pay off your mortgage to do a lot split under SB 9?
@WIREassociates3 жыл бұрын
Thanks for watching, Brian! (I just emailed you back as well, thanks for reaching out) Yes, technically you should pay off the loan when splitting the lot. You are changing the collateral that the lender has and this would trigger their acceleration clause, which means that you are supposed to pay it off. I will release more content around this because I do have some ideas on how to still do the lot split...
@tomhanwayescape2 жыл бұрын
@@WIREassociates I would be interested to hear what your work around ideas are!
@WIREassociates2 жыл бұрын
@@tomhanwayescape Thanks, Tom, check your email...I emailed you back a few days ago. 😀
@lalodiscount59372 жыл бұрын
Is there a number or email to contact you? My property its almost 30k sq ft and R11.
@WIREassociates2 жыл бұрын
Yes, here you go 👉 www.wireassociates.com/contact/
@melsanfran9113 жыл бұрын
Very interested. I live in solano county have a 6000 lot. Cutting in half can make me some money
@joycebarnett60353 жыл бұрын
What if you build a two story duplex next to a house? Then you do a lot split so your one house has its own Parcel number and then the duplex has another parcel number. Then you have two different parcel numbers and you split it so if you wanted to later on cell one you could or sell both separately
@tomhanwayescape2 жыл бұрын
I wanted to find out more about how to deal with a current mortgage. What is your email? Thanks again
@WIREassociates2 жыл бұрын
Sounds good, Tom, let's connect 👉 www.wireassociates.com/contact/
@flashoflight81603 жыл бұрын
This is a whole lot of nothing for expanding the housing stock, no pun intended. 1) Developers can't take advantage of this since they don't have a primary residence in every lot. 2) Existing setback requirements make it real hard to fit another unit when existing units are in the center of the lot. 3) The conversions or even just the ADU or JADU are for the most part not economically feasible as you mentioned. Heck, you won't get full value from an appraisal for additions because they are uncommon in R1. I do think SB9 does scare people and we need to be on the lookout for future legislation that will actually ruin our existing single family R1 neighborhoods. Maybe Amazon/Walmart should have built warehouses in California City instead of the Inland Empire and spread out our housing rather than concentrate it in Sac/SF/SJ/LA/OC/IE/SD.
@MaxFung Жыл бұрын
LETS GO BABY
@BradFlipMarket2 ай бұрын
Bro 🙌🔥
@DjJoeKhoury3 жыл бұрын
Thanks for the video as always. I don’t think this is going to be a good thing in the long run. I wouldn’t want to live in a neighborhood with higher density. We’re just shoving people into a sardine can. As usual, we settle for the easiest solution instead of the correct one.
@TheTokkin3 жыл бұрын
People like your are hilarious. Even modest increases in density are met with this hysterical "sardine can" nonsense. Density is the only solution. Anything else absolutely delusional.
@DjJoeKhoury3 жыл бұрын
@@TheTokkin I didn’t realize I wasn’t allowed to state my opinion. Tell me which areas are more likely to have more crime, high density or low density?
@TheTokkin3 жыл бұрын
@@DjJoeKhoury low density. Suburbs dilute crime, making it less noticable, but they do nothing to reduce it. Low density urban regions have large numbers of empty streets with fewer potential witnesses. One major reason why policing sucks so much in the US is because police departments have to hire so many cops to police suburban traffic and crime, so they cant afford to vet their recruits. Busy streets in dense areas are self policing, because of something called "eyes on the street" effect. Also, suburban single family homes often fail to provide enough taxes to finance the services, infrastructure and amenities required to support them. Higher density areas pay the bills.
@DjJoeKhoury3 жыл бұрын
@@TheTokkin I’m thinking of traffic increase in the LA area, overcrowded schools and privacy. I prefer not having the number of neighbors double. I have a rental where I have had multiple people rent out rooms. It’s not good for the neighborhood. Neighbors hated it. It’s a short term solution. I hated doing that to my neighbors. So I now prefer renting to families.
@WIREassociates3 жыл бұрын
Thanks for watching, DJ! Poorly planned density is the real problem. 😀
@truthseeker57672 жыл бұрын
The end of Suburbia.
@hotwheelman4pops2 жыл бұрын
Septic regulations alone will completely crush SB9. It’ll never happen
@charkswitlazers Жыл бұрын
Ahh no historic neighborhoods. Those are the ones with large backyards. Oh well.
@kpackard12 жыл бұрын
Sounds like this could ruin single family neighborhoods. People buy single families to get away from congestion. You may not choose to build more homes on your lot but your neighbors might. This is a stupid idea and an attack on quiet neighborhoods. Glad I don't live in California !
@karld17912 жыл бұрын
What makes single family neighborhoods so special? No one goes on vacation to see a suburb. Outside North America few neighborhoods are any single use. Cities like Barcelona and Kyoto, which attract millions of tourists, are beautiful and delightful to walk around because shops, apartments and single homes are mixed together. In Europe the government often plans development. Japan uses very light zoning where small apartments and shops are allowed in level one residential zones. Traffic is kept down in both because you can walk to so many shops and things.
@kpackard12 жыл бұрын
@@karld1791 European countries, Spain and Japan don't have nearly the amount of landmass that America has. More people tend to congregate in small areas in the small countries. America has a lot of land and that's why suburbs are spread out and people like that. We are very happy in the country we have everything we need without the congestion and the crime
@cdewitt4062 жыл бұрын
Ishhh so the state is bankrupt! This means more revenue
@CodyJames292 жыл бұрын
Thanks for absolutely destroying our single family neighborhoods Gavin Neusom! Another reason to leave this failing state.