California's Urban Infill Deed

There's a lot of buzz regarding?SB 9 -- the new California law?that allows for two-unit development on every single-family zoned lot as well as Urban Lot Splits.

A February 10, 2022 interdepartmental memo from the City of Los Angeles'?City Planning?(LADCP),?Building and Safety?(LADBS), and?Housing?(HCIDLA) departments outlines Los Angeles' implementation of SB 9. I've uploaded the?memo here?and the?FAQ here.

This may surprise some of you, but I am a self-confessed nerd. And after reading the memo and the FAQ, I still had some questions about SB 9 projects in the City of Los Angeles.?

I decided to reach out to some of the great folks at LADCP and in a timely response got insightful answers that I am sharing with you:

Is there an Owner Occupancy requirement for duplexes built under SB 9 that do not include an Urban Lot Split?

No. The Owner Occupancy requirement only applies to Urban Lot Splits.

Is a Parcel Map required for building a duplex under SB 9 if no Urban Lot Split is included?

No. If there is no Urban Lot Split, most two-unit projects can proceed to LADBS Plan Check. If the project is located in a specific geographic planning overlay area, applicants are encouraged to meet with City Planning staff to verify which standards apply to the project.

Is a Parcel Map necessary to sell the units of the duplex as individual units to disparate parties if no Urban Lot Split is included?

Yes. A Parcel Map is required to convert each individual unit into a condominium which may be sold separately.

Do existing Historic Lots (municipal lot lines pre-dating the Map Act of the 1960s) qualify for SB 9 as individual parcels?

We do not use the terminology "historic lot". We are presuming that you are referring to the status of legal lot based on it's lot cut date. Pursuant to the California Subdivision Map Act (Government Code Section 66412.6(A)(b)) and the City's Division of Land Ordinance (Ordinance No. 122,312), any lot created prior to July 29, 1962 is considered a Legal Lot and may be developed, even if it does not meet our minimum lot size and width requirements. If the subject lots about which you are inquiring are considered legal lots based on this information, then yes, they would qualify for SB 9 as individual parcels (assuming they meet all of the other eligibility criteria).?

What is the estimated processing time for an Urban Lot Split under SB 9? What is the average processing time for a Lot Split prior to SB 9???

There is not an estimate of the timeline for an Urban Lot Split under SB 9. But it would be less than a standard Parcel Map filing?(approx. 6-9 months to a public hearing + time to issue a Letter of Determination) as no public hearing is required and there are no appeals. At minimum, the planner has 30 days to deem the application complete and other departments and agencies have 39 days to provide comments on your map (this timeline may happen concurrently if your map provides all of the required information).

Are SB 9 projects eligible for Transit Oriented Community density bonuses?

No. A parcel must have a base density of at least 5 units to utilize DB or TOC and SB9 only applies to single family zones.

What does it all mean?

It means that if you can identify a parcel with one SFD but two pre-existing lots cut before 1962, that parcel could be converted to a duplex on each pre-existing lot (i.e. four rental units) without requiring a Parcel Map or an Owner Occupancy requirement. Additionally, with Parcel Maps for each duplex, each of the four units could be sold separately.

Interesting in learning more about how Pactriglo can identify legal lots cut before July 26, 1962?

Let's schedule a time to chat...