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For an urban lot split under Gov. Code § 66411.7, the applicant must sign an affidavit attesting they intend to occupy one of the created housing units as their principal residence for at least three years from the approval date. Crucially, this owner-occupancy mandate applies only to lot splits, not to standard two-unit developments on an unsplit parcel, and community land trusts or qualified non-profits are legally exempt.

No off-street parking may be mandated if the parcel is located within one-half mile walking distance of a high-quality transit corridor, major transit stop, or within one block of a designated car-share vehicle. In all other circumstances, local agencies can require at most one off-street parking space per unit, which may be provided as tandem or uncovered parking.

Each newly created parcel requires independent utility easements and service connections. While local utility purveyors require dedicated water meters and sewer laterals for newly subdivided lots, SB 9 explicitly prohibits cities from imposing off-site infrastructure upgrades or dedication requirements that physically prevent the construction of two 800 sq. ft. units.

Municipalities may only apply objective design standards that do not conflict with state law. Specifically, local jurisdictions cannot enforce side or rear setbacks greater than 4 feet for new units, nor can setback standards be imposed on existing permitted structures converted or reconstructed in the same location and footprint.

State law overrides conflicting municipal zoning ordinances, but it does not automatically invalidate pre-existing private contractual deed restrictions or active HOA CC&Rs. We conduct a preliminary title review to verify that no private covenant restricts multi-unit configurations prior to filing civil engineering plans.