DEL MAR — Leaders in one of San Diego County’s most high-demand coastal housing areas have approved local regulations to implement Senate Bill 9, a program allowing the construction of additional units on single-family lots.
Under the bill, which went into effect in early 2022, cities must allow the construction of two primary dwelling units and urban lot splits into eligible single-dwelling residential lots. Cities must approve these projects ministerially or without a public hearing and only use objective design standards.
In Del Mar, city staff said that nearly 40% of all residential lots — around 768 — would be eligible for SB 9 development. Lots in coastal bluff overlay, bluff/slope/canyon overlay, open space overlay, or floodplain overlay zones would not be eligible.
“This whole program has more possibility than probably anything to change our community,” said City Councilmember Dwight Worden.
Back in 2021, city leaders issued a resolution not to accept any SB 9 applications until they had developed their own ordinance. City leaders approved this ordinance on June 5 and plan to fully adopt the document upon its second reading on June 17.
However, it will likely be many months before the city accepts or approves any SB 9 projects, as the ordinance must also get the OK from the California Coastal Commission as a local coastal program amendment.
“We are looking at probably about a year with the Coastal Commission before any kind of ordinance for SB 9 would really be able to take effect,” said Principal Planner Matt Bator.
Since SB 9 was first introduced, many have argued that it will essentially end single-family zoning by drastically increasing neighborhood density, especially when paired with accessory dwelling units, or ADUs.
Large enough pieces of land can also contain an ADU in a two-unit lot development. However, in an urban lot split, ADUs cannot be constructed in either of the new lots.
If either of the two new lots in a split already contains an ADU, it shall be considered a primary dwelling unit.
In Del Mar, residents and council members expressed concerns about the lack of control afforded to the city over these projects, as well as the potential impacts on local neighborhoods of such increased density.
One primary concern was parking. While one parking spot must be provided for each additional dwelling unit on a lot, Mayor Tracy Martinez said many households have more than one vehicle.
“If you have a 1,000 square-foot unit, with a couple or kids, it’s pretty certain that they’re gonna have more than one car. One [unit] doesn’t matter, but if you have several SB 9 developments on one street, it’s really gonna impact the street,” Martinez said. “I don’t think one parking [spot] per unit is adequate.”
Staff said the city could not universally require SB 9 developments to have more than one parking spot per unit, except for projects on narrow streets where it could pose a safety risk.
In some instances, jurisdictions can add their own standards to SB 9 that don’t conflict with the state law.
Since SB 9 does not include any affordability requirements for units developed under the law, Del Mar will be developing its own requirement — for two-unit developments on a single-family lot, at least one unit must be deed restricted for 55 years as a lower-income rental.
The city must first adopt a separate inclusionary housing ordinance to enforce this condition, a process that staff plans to finalize when the Coastal Commission reviews the SB 9 ordinance.
“The prospect that we’re gonna wind up with a bunch of affordable units from SB 9, we’re dreaming. That’s why this inclusionary housing ordinance is important … we’ll at least get one of them,” Worden said.
Councilmember Terry Gaasterland said the city should eventually add this requirement to the SB 9 ordinance to prevent it from being removed.
“That could be reversed by a future council much more easily than if it’s in an SB 9 ordinance,” she said.
New dwelling units constructed under SB 9 must be at least 800 square feet, no higher than 16 feet and cannot exceed one story. Gaasterland also expressed concerns about SB 9 developments blocking public and private view corridors.
City staff said the ordinance would include language about not blocking public view corridors.
More information about SB 9 is available on the city’s website at delmar.ca.us/867/Senate-Bill-9-Development.
