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SB 9 in SLO: Duplex and Lot‑Split Plays Without Guesswork

10/16/25

Thinking about turning your San Luis Obispo single-family lot into two homes or two lots? You have likely heard that SB 9 can fast-track duplexes and lot splits, but the local steps in SLO City and County can feel confusing. This guide gives you the key numbers, local checkpoints, and a simple plan you can follow. Let’s dive in.

What SB 9 allows in SLO

SB 9 creates a ministerial path to add up to two primary units on an eligible single-family lot or to split one legal lot into two lots. In the right setup, an original parcel can support up to four primary units over time. SB 9 approvals are ministerial, which means no discretionary hearings and CEQA exemptions for qualifying projects, under the state code that governs SB 9 two-unit developments and urban lot splits. See the statutory framework in California Government Code for details on owner-occupancy and tenant protections.

  • Minimum resulting lot size after a split: the greater of 1,200 sq ft or 40% of the original lot. Local implementations mirror this baseline, including San Luis Obispo County’s SB 9 program.
  • Lot split owner-occupancy: you must sign an affidavit stating you intend to live on one of the new parcels for at least 3 years. This is required under state law.
  • Rental limits: units created through a lot split cannot be used as short-term rentals and must be rented for more than 30 days.

For full context, review the SB 9 provisions in the California Government Code and the County’s SB 9 program page.

First check: is your parcel eligible?

Urbanized area and zoning

Your property must be within a U.S. Census urbanized area or cluster and located on a legal single-family lot. Start by running your address on the County’s SB 9 eligibility map and reviewing the objective standards and application steps published by San Luis Obispo County.

Exclusion zones and hazards

Parcels in certain areas are ineligible, such as regulatory floodways, prime farmland, wetlands, very high fire severity zones, or critical habitat areas. The City of San Luis Obispo codifies these exclusions in its Urban Lot Split ordinance.

Coastal Zone caution

A large share of SLO County lies within the California Coastal Zone. In these areas, SB 9 must be consistent with the certified Local Coastal Program. In practice, that can add steps or pause approvals until local and Coastal Commission certifications align. Check the County’s SB 9 housing hub page to confirm Coastal Zone status and current coastal implementation notes.

City vs County rules at a glance

City of San Luis Obispo basics

The City’s Urban Lot Split standards are in Municipal Code Chapter 16.15. Expect objective standards for setbacks, lot design, and access, plus clear map recordation requirements. The code also distinguishes qualifying split types and applies state exclusion criteria.

Unincorporated County updates

San Luis Obispo County updated its SB 9 regulations in 2025. The County requires a pre-screening checklist, a site layout plan, an owner-occupancy affidavit for lot splits, and it caps total dwellings per resulting parcel. The County’s program page includes an interactive eligibility map, step-by-step instructions, and required forms.

The step-by-step timeline

  1. Pre-screen and eligibility check. Use the jurisdiction’s SB 9 map and complete any pre-screen forms.

  2. Submit your application. For lot splits, file a tentative parcel map and required affidavits. For duplexes, apply for building permits. The County also requires a Cost Accounting Agreement to start review.

  3. Ministerial staff review. The agency checks objective standards and statutory constraints. If your submittal is complete and compliant, it moves to approval without a discretionary hearing. Under SB 450, local agencies must act on SB 9 applications within 60 days.

  4. Record the parcel map for lot splits. Once the map is recorded within the allowed window, you can pull building permits for the new lots.

Expect weeks to a few months for straightforward cases. Parcels with septic, Coastal Zone, or utility easement issues can take longer.

Common deal killers you can avoid

  • Septic and sewer limits. If you are on septic, your system must meet current LAMP standards. Some sites cannot support a split or extra units without upgrades. Confirm with the County early.
  • Coastal Zone conflicts. SB 9 must align with the Local Coastal Program in coastal areas, which can add process steps.
  • Access and parking. Each lot must have compliant access and meet parking standards unless exempt. Expect at least one parking space per unit unless a transit exemption applies.
  • HOAs and CC&Rs. Private covenants and HOA design review can restrict or delay SB 9 projects. Review your CC&Rs and talk with the HOA before you budget or schedule.
  • Tenant protections. You cannot use SB 9 to demolish or alter units under affordable covenants or that housed tenants within the past three years.
  • Owner-occupancy and deed restrictions. A three-year occupancy affidavit and recorded restrictions are common for lot splits and shape investor strategies.

The plays: duplex, lot split, or both?

Duplex-only on one lot

Good fit if you have a conforming single-family parcel, reliable sewer access, and no exclusion conflicts. You may add up to two primary units on an eligible lot under the SB 9 two-unit development path. Design to objective standards and check parking and access early.

Urban lot split

This strategy creates two legal lots, each with its own path to primary units. You must meet the minimum lot size rule and sign the three-year owner-occupancy affidavit. Confirm frontage or easement standards and title implications before you draw a tentative map.

Split plus build two units

In the right setup, a split followed by two primary units per lot can yield up to four primary units over time. This often requires the most coordination on utilities, access, and site layout. In SLO County, coastal status, septic capacity, and deed restrictions are the main variables to solve first.

Money questions to answer early

  • Financing and underwriting. Lenders often treat duplex construction or newly split lots differently than single-family resales. This has been one reason SB 9 activity has been modest compared with ADUs. Get lender guidance before you commit to timelines or budgets.
  • Property taxes. A lot split or new construction can trigger reassessment and supplemental tax bills. Review the state’s supplemental assessment overview, then contact the San Luis Obispo County Assessor for parcel-specific guidance.
  • Affidavits and recordation. Lot splits require a three-year owner-occupancy affidavit and typically a recorded deed restriction. You can preview sample affidavits used around the state to understand what you will be signing.

Your SB 9 quick checklist

  • Map check. Verify SB 9 eligibility and exclusion zones for your parcel.
  • Zoning and setbacks. Confirm objective standards for setbacks, height, and coverage.
  • Sewer vs septic. If on septic, talk to Environmental Health about LAMP compliance and capacity.
  • Coastal status. Confirm if your site is in the Coastal Zone and what that means for timing.
  • Access and parking. Verify frontage or easement standards and parking requirements.
  • Ownership and tenants. Prepare owner-occupancy and tenant-history affidavits as needed.
  • Title and CC&Rs. Pull your CC&Rs and contact the HOA early if applicable.
  • Timeline and fees. Ask Planning about current review targets and required fees.
  • Taxes and lending. Speak with your lender and the County Assessor before you set a project budget.

Ready to evaluate a duplex or lot-split move in SLO with clarity? You get strategic guidance tailored to country and equestrian properties, plus marketing that makes the finished product shine. Reach out to Hertha Wolff- Arend for a calm plan, from feasibility to presentation, with access to Compass Concierge and bridge-loan solutions when timing matters.

FAQs

What is the minimum lot size after an SB 9 split in San Luis Obispo?

  • The resulting lot must be the greater of 1,200 square feet or 40% of the original lot, consistent with San Luis Obispo County’s SB 9 program and state law.

What is the SB 9 owner-occupancy rule for lot splits?

  • You must sign an affidavit stating you intend to occupy one of the new parcels as your principal residence for at least three years, with limited statutory exceptions.

Can I use SB 9 in the Coastal Zone of SLO County?

  • Yes in concept, but SB 9 projects in the Coastal Zone must also be consistent with the certified Local Coastal Program, which can add steps or affect timing.

How long do SB 9 approvals take in SLO?

  • The state requires action within 60 days on SB 9 applications, but real timelines vary with completeness, septic or coastal issues, and utility or access constraints.

How do HOAs affect SB 9 projects in San Luis Obispo?

  • Private CC&Rs and HOA design review can restrict or delay SB 9 projects, so review your CC&Rs and contact the HOA before you invest in plans or timelines.