8-0-6 Applicability of Senate Bill 9 to Split-Zoned Parcels

Effective January 1, 2022, newly enacted Government Code § 65852.21 and § 66411.7 (enacted by Senate Bill 9, Statutes 2021) require local agencies to provide ministerial review, without discretion or hearing, of proposed two-unit housing developments and urban lot splits if the housing development or subdivision is within a single-family residential zone and a U.S. Census-designated urbanized area or urban cluster, and meets certain requirements. The purpose of this policy is to establish the applicability of Government Code § 65852.21 and § 66411.7 to split-zoned parcels.

1. “Single-family residential zone” as used in Government Code § 65852.21 and § 66411.7 includes the following zones in the Sonoma County Zoning Code:
   1. R1 (Low Density Residential)
   2. RR (Rural Residential)
   3. AR (Agriculture and Residential)
2. An SB 9 Urban Lot Split is a subdivision pursuant to Government Code § 66411.7.
3. An SB 9 Two-Unit Housing Development is a housing project pursuant to Government Code § 65852.21.

1. Split-zoned parcels within two different single-family residential zones
   If a parcel’s zoning is split between two of the above single-family residential zones (e.g. R1 and RR), the following applies:
   1. Two-Unit Housing Developments
      An SB 9 Two-Unit Housing Development may be permitted if the proposed dwelling unit(s) are located entirely within the boundaries of one of the two zones and satisfy all objective development standards applicable to that zoning district that do not conflict with Government Code § 65852.21.
   An SB 9 Two-Unit Housing Development may be permitted if the proposed dwelling unit(s) are located entirely within the boundaries of one of the two zones and satisfy all objective development standards applicable to that zoning district that do not conflict with Government Code § 65852.21.
   2. Urban Lot Splits
      An SB 9 Urban Lot Split may be permitted if the proposed lot line divides the property along the zoning boundary, and the resulting lots meet the minimum lot size and area requirements in Government Code § 66411.7(a)(1)-(2).
2. Split-zoned parcels partially within a single-family residential zone
   If a parcel’s zoning is split between one of the above single-family residential zones and another zone that is not a single-family residential zone as provided in this policy (e.g. R1 and LC), the following applies:
   1. Two-Unit Housing Developments
      An SB 9 Two-Unit Housing Development may be permitted if the proposed dwelling unit(s) are located entirely within the boundaries of the single-family residential zone and satisfy all objective development standards applicable to that zoning district.
   2. Urban Lot Splits
      Split-zoned parcels where one of the zones is not a single-family residential zone do not qualify for an SB 9 Urban Lot Split. A property owner may independently apply for a Zone Change and corresponding General Plan Amendment to rezone the entire property to single-family residential zoning to be eligible for an SB 9 Urban Lot Split.

Government Code: § 65852.21 and § 66411.7

Approved By: Tennis Wick, Director
Reviewed by Department Manager: Scott Orr, Deputy Director of Planning
Reviewed By County Counsel: Christa Shaw, Deputy County Counsel IV
Lead Author: Katrina Braehmer, Planner III