California Department of Housing and Community Development SB 9 Fact Sheet

California Department of Housing and Community Development SB 9 Fact Sheet:

SB 9 Fact Sheet

SB 9 does not require a local agency to approve a parcel map that would result in the creation of more than two lots and more than two units on a lot resulting from a lot split under Government Code section 66411.7. A local agency may choose to allow more than two units, but it is not required to under the law. A parcel may only be subdivided once under Government Code section 66411.7. This provision prevents an applicant from pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9 also does not require a local agency to approve a lot split if an adjacent lot has been subject to a lot split in the past by the same property owner or a person working in concert with that same property owner.

SB 9 and ADU Law (Gov. Code, §§ 66310 and 66342) are complementary. The requirements of each can be implemented in ways that result in developments with both “SB 9 Units” and ADUs. However, specific provisions of SB 9 typically overlap with State ADU Law only to a limited extent on a relatively small number of topics. Treating the provisions of these two laws as identical or substantially similar may lead a local agency to implement the laws in an overly restrictive or otherwise inaccurate way.

Planning Services Update – ADU Article 70 Status Update

At this time, the city of Escondido does not have an ADU ordinance that is in compliance with current state law, and we have been informed by the State of California Housing and Community Development (HCD) that our ordinance is thereby considered non-compliant.

We are only able to rely on state law to govern our ADU reviews until an updated ordinance is adopted. While we are actively in the process of updating Zoning Code Article 70 ADUs and JADUs, it will still be several more months before the new ordinance would be in place. As we do not have a currently valid ordinance as provided for in §66314, only §66323 is applicable and mandatory for the governing of ADUs and JADUs.

Pursuant to §66323, local agencies must ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following units, or combination of the following units:

(a) One ADU and one JADU shall be permitted per lot with a proposed or existing single-family dwelling, subject to all the following requirements:

(1) The ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure. If the ADU is within an accessory structure, an expansion of not more than 150 square feet beyond the footprint of the existing accessory structure is permitted. The expansion shall be limited to accommodating egress and ingress.

(2) The ADU has exterior access separate from the proposed or existing single-family dwelling.

(3) The side and rear setbacks comply with adopted codes pertaining to fire and building safety.

(4) When the unit is a JADU, additional regulations apply in compliance with Government Code §§66333 through 66339.

(b) One detached, new construction ADU shall be permitted per lot with a proposed or existing single-family dwelling, and may be in addition to one ADU as described in paragraph (a), subject to all the following requirements:

(1) Detached, new construction units are subject to four-foot-minimum side and rear yard setbacks.

(2) The total floor area is limited to not more than 800 square feet of interior livable space.

(3) The height of the unit shall comply with §66321(4)(A) through (D), as applicable.

If an owner/applicant is able to delay until the City's proposed ordinance update moves forward through Planning Commission and City Council, and If adopted, the updated ordinance would provide for larger ADUs with objective design standards as allowable by State law.

This is in process, with a Planning Commission and the hearing is scheduled for May 26, 2026. The City Council hearing tentatively scheduled for June 23rd. If adopted by Council, the ordinance would then go to the state for review by HCD. The new ordinance, if adopted and further accepted by HCD, would likely be in effect the fall of 2026.

If you would like futher information on next steps for SB-9 cunsideration of your property, feel free to reach out. We do not have a specifc SB-9 application form at this time, but can guide you on the requirement and application fee(s) once you are wanting to move forward.