SB 9 lot splits in San Diego County: rules and eligibility

One lot in. Two lots out.

SB 9 is the California law that lets owners of qualifying single-family lots split them in two and build on the new one. Here's how it works, who qualifies, and how to turn the yard you don't use into cash.

$0No realtor fees when you sell the new lot
2 lotsOne single-family lot can be split into two.
40%+The smaller lot can't be less than 40% of the original. It doesn't have to be exactly 40%.
1,200 sfEach new lot has to be at least 1,200 square feet, unless the city allows smaller.
No hearingThe city reviews it against set standards. No public hearing.
The law

What SB 9 actually does

SB 9 took effect January 1, 2022. It added two sections to California's Government Code: one lets a homeowner build two homes on a single-family lot (§65852.21), and the other lets them split that lot into two separate parcels (§66411.7). Used together, a lot that holds one house today can hold up to four homes, two on each lot.

The big change is how the city handles it. An SB 9 split is approved ministerially, which means the city checks it against written, objective standards and says yes or no. No public hearing, no neighbors voting on it.

The city still has rules, but SB 9 limits them. It can't ask for more than 4 foot side and rear setbacks for the new homes, can't require more than one parking space per home (and none near major transit), and can't use its standards to block two homes of at least 800 square feet.

Who qualifies

Does your lot fit?

Usually a good fit

  • Zoned single-family, in an urbanized area (most cities qualify; rural county land may not)
  • Big enough that both lots clear 1,200 sq ft (or the city's smaller minimum) and the smaller one is at least 40%
  • Room for the new lot to reach the street (a corner, an alley, or a strip down the side of the house)
  • You plan to live in one of the homes for 3 years after the split
  • The house hasn't been rented in the last 3 years

What can rule it out

  • A historic landmark or historic district
  • A regulatory floodway, wetlands, prime farmland or conserved habitat land
  • A lot that was already created by an SB 9 split
  • You (or someone working with you) already split the lot next door under SB 9
  • Rent control, an affordability covenant, or an Ellis Act removal in the last 15 years

Very high fire hazard zones, FEMA flood zones and earthquake fault zones don't automatically rule a lot out, but they add conditions. In the Coastal Zone SB 9 still applies, and the Coastal Act does too, so a coastal permit or exemption is also needed. Homes built under SB 9 can't be rented for less than 30 days at a time. Sources: Cal. Gov. Code §§65852.21, 66411.7.

Selling the new lot

No realtor fees. Seriously.

You don't list the lot, stage anything or wait for buyers. You sell the new lot direct to the buyer, and the price you agree on is what you get, without an agent's commission coming out of it.

Listing the lot on the market

  • Realtor commissionComes out of your price
  • Split, survey and permitsUsually on you first
  • Showings and buyers backing outYes
  • Who builds the new homeWhoever buys it

Selling the new lot direct

  • Realtor commission$0
  • Split, survey and permitsSpelled out in the offer
  • ShowingsNone
  • Who builds the new homeThe buyer

Grant Thiem is a licensed California real estate broker (DRE #01984787).

Step by step

How it works

Check your lot

Type your address on our home page. In about 30 seconds you'll see whether it looks like it splits.

Walk the property

We meet you there, look at the lot by hand, and draw exactly where the line and the new home go.

Get an offer

A plan for the new lot, a timeline and a price, with no realtor fees.

Get paid

You're paid when the new lot sale closes. You keep your house and a smaller yard.

City by city

North County notes

State law sets the floor. Each city adds its own objective standards on top, and our lot check reads them.

Encinitas

Urgency Ord. 2022-19

Much of the city is in the Coastal Zone, so many splits also need a coastal permit. Flag lots need a 20 ft strip, owned or a recorded easement.

Carlsbad

Info Bulletin 133

Flag lot strips are 20 ft wide and up to 150 ft long, with a 14 ft paved driveway.

Poway

City SB 9 handout

No separate SB 9 ordinance; the city applies state law plus its zoning code. Many lots are large rural residential parcels.

Vista

Ord. 2022-18

Vista adopted its own SB 9 rules in its development and municipal codes.

San Marcos

SMMC 20.470

The city maps parcels as permitted, constrained or prohibited for SB 9. Flag strips are 30 ft wide.

Escondido & Solana Beach

Local SB 9 sections

Both have local SB 9 rules. All of Solana Beach's coastal permits for these go through the Coastal Commission.

Questions

Quick answers

Do I pay realtor fees when I sell the new lot?

No. You sell direct to the buyer. There's no listing and no realtor commission coming out of your price.

Do I have to live in the house?

For an SB 9 lot split, the owner signs a statement that they intend to live in one of the homes for three years after the split.

Does my mortgage lender need to approve?

Usually yes. Splitting the lot changes the property that secures your loan, so the lender has to sign off on releasing the new lot. We work through that with you.

Will my property taxes go down?

Usually. Once the new lot is sold, your remaining parcel is assessed on its own. The county assessor sets the actual number.

Does SB 9 apply near the coast?

Yes, but the Coastal Act still applies, so you also need a coastal development permit or an exemption. That adds time.

How long does it take?

It depends on the city and the lot. The split itself typically takes many months from first plans to the new parcel being recorded.

Does your lot split?

Free check in about 30 seconds. No signup to see your answer, and no realtor fees when you sell the new lot.

Check my lot