Frequently Asked Questions

General

  • - Property is located within a single-family residential zone (i.e., Residential 1 [RD-1] through Residential 10 [RD-10]);

    -Property is a legal parcel located wholly within a U.S. Census Bureau designated urbanized area or urban cluster;

    -Property cannot be located on farmland, wetlands, habitat for protected species or conservation lands or easements.

    -The project cannot be located in high fire zones, hazardous waste sites, earthquake faults zones and flood areas unless certain additional requirements are met.

    -Project would not require the demolition or alteration of affordable housing, rent-controlled housing, housing withdrawn from the rental market in the past 15 years via an Ellis Act eviction, or housing occupied by a tenant in the last three years. If unit was occupied by a tenant within the last 3 years, no more than 25 percent demolition is allowed of the exterior walls.

    -Property is not located within historic district or included on the State Historic Resources Inventory or within a County-designated landmark or historic property.

    https://planning.saccounty.gov/Documents/SB-9%20FAQs_v2%20_07222022.pdf

  • Pacific Lot Splits will assess the feasibility of a lot split on your property. If we determine your property can be split we will coordinate with our partners (surveyors, civil engineers) as needed, gather all required documentation, and submit your application for you.

  • The design-permitting process typically takes between 6-12 months depending on the scope of work.

  • Very little. You shouldnt have to become an expert in SB9. Leave that to us.

  • SB 9 contains an owner occupancy requirement, which requires a homeowner to live in one of the units for three years from the time they get approval for a lot split.

Neighborhood Concerns

  • No off-street parking is required if the unit is proposed within a Transit Priority Area (TPA).

    For parcels outside of a TPA, one off-street parking space per dwelling unit is required for the third and fourth units (of any kind) constructed on the initial (unsubdivided) lot.

    One off-street parking space per dwelling unit is required within the Beach Impact Area of the Parking Overlay Zone unless the applicant can demonstrate to the satisfaction of the City Manager that there is access to a car share or other shared vehicle within one block of the premises.

  • If you were to sell a portion of your property as raw land you do run the risk of a new developer negatively effecting your property. The best way of ensuring your property is not negatively effected is to develop the new lot yourself.

  • SB 9 would allow no more than four units on what is currently a single-family parcel. This bill encourages neighborhood scale homes – meaning modifications to a property need to be in keeping with the look of the neighborhood.

    In many communities across California – including in San Diego – there are beautiful duplexes and triplexes next door to traditional single-family homes. Look at Linda Vista, Hillcrest, North Park – these are communities central to the city and job centers that are coveted places to live. In fact, many are beautiful and well-kept, providing not only a bright spot on the street, but a comfortable place for not just one but two households to call home.

  • Recent amendments require a local agency to impose an owner occupancy requirement as a condition of a homeowner receiving a ministerial lot split. This bill also prohibits the development of small subdivisions and prohibits ministerial lot splits on adjacent parcels by the same individual to prevent investor speculation. In fact, allowing for more neighborhood scale housing in California’s communities actually curbs the market power of institutional investors. SB 9 prevents profiteers from evicting or displacing tenants by excluding properties where a tenant has resided in the past three years.

Financial

  • Yes however properties without a mortgage are the ideal candidate for a lot split under SB9

  • You will need whats referred to as a partial release of your mortgage. Each lender has different requirements but generally your mortgage must be at least one year old, and there must be a final LTV (Loan To Value ) of less than 60%.

    If these conditions are not met, you can either pay off your mortgage or refinance. Keep in mind that a refinance may result in a higher interest rate.

  • Prop 13 only applies to the lot you keep. The new lot will be reassessed when it is sold.

  • 3 options:

    1. Finance the construction with cash.

    2. Cash out refinance. Tap your equity to finance the project. Keep in mind you may refinance to a higher interest rate.

    3. Construction Loan. Because construction is risky construction loans tend to have higher interest rates.

Miscellanous

  • It depends on your goals as a homeowner. We will discuss all available options with you and help you achieve the best possible outcome.

  • Pacific Lot Splits is comprised of professional project managers, architects, and real estate agents. If your interested in building an ADU, remodeling your home, or selling your property we are here to help.

  • Absolutely, though it does require a fair amount of time, research, and patience. We are happy to advise capable do-it-yourselfers who are interested in saving on professional fees on an hourly basis. Our SB9 Resources section will provide interested homeowners with information on how to manage the subdivision process directly, potentially saving thousands of dollars.