Garden Grove SB 9 Eligibility Checklist: Two-Unit and Urban Lot Split Requirements
California Senate Bill 9 created a ministerial approval process for two-unit housing developments and urban lot splits on single-family lots. "Ministerial" means no discretionary review — if your project qualifies, the city must approve it. Garden Grove administers this through its Planning Services Division, and the eligibility bar is specific.
Before you spend anything on architecture or a parcel map, run your property through this checklist. Every item needs to be a "yes" or "N/A" to qualify. One "no" and you're outside the ministerial path.
The city has 30 days to review your submission. If they don't respond within that window with findings of compliance, the project is automatically deemed approved.
Which Project Type Are You Applying For?
SB 9 covers two distinct project types, and you'll check eligibility separately for each:
Two-Unit Housing Development — adding a second unit to a single-family lot
Urban Lot Split — subdividing a single-family lot into two parcels
You can apply for both simultaneously on the same property. The general requirements apply to both. The specific checklists differ.
General Requirements (Both Project Types)
These apply regardless of which SB 9 path you're pursuing. All must be "yes" or "N/A."
Is the property zoned R-1? SB 9 ministerial approval applies specifically to single-family residential zones. Multi-family and commercial zoning does not qualify.
Is the property owned solely by an individual property owner(s)? Corporate ownership — LLCs, trusts, partnerships — disqualifies a property from SB 9 ministerial approval. Title must be held by an individual or individuals.
Is the proposed development outside hazard overlay zones? The project must be located outside of Very High Fire Hazard Severity Zones, Earthquake Fault Zones, Special Flood Hazard Areas, and Regulatory Floodways — or fall within a listed exception under Government Code §65913.4. This is a hard disqualifier if the property sits in one of these overlays without an applicable exception.
Is the property outside a historic district or State Historic Resources Inventory? Properties designated as historic resources by the City of Garden Grove, or identified in the State Historic Resources Inventory, are ineligible. This includes any property the city has independently designated as a historic resource.
Will the project avoid demolishing protected housing? The proposed project cannot require the demolition or alteration of any of the following:
Housing units restricted for moderate, low, or very low income
Housing units subject to rent or price control
Housing units occupied by a tenant in the last three years
This is the requirement that catches the most investors off guard — if anyone has rented the property within the past three years, that history needs to be verified before assuming SB 9 is available.
If previously tenant-occupied: will you stay under 25% exterior wall demolition? If the site has been occupied by a tenant in the last three years, the project cannot involve demolishing more than 25% of the existing exterior structural walls of any housing unit on the lot. Mark N/A if the property has not had a tenant in that window.
Will units be rented for more than 30 consecutive days? SB 9 projects cannot be used as short-term rentals. All rental arrangements must be for periods exceeding 30 consecutive days. This is a state law requirement baked into the eligibility criteria.
Will at least one off-street parking space per unit be provided? One off-street parking space per unit is required — unless the property is within a half mile of a High Quality Transit Corridor or Major Transit Stop, or within one block of a car share vehicle. If either exception applies, mark N/A.
Will the project be used for residential purposes only? No commercial or mixed-use component. Residential only.
Are all existing improvements on the property permitted? Any unpermitted structure on the lot is a disqualifier. Converted garages, enclosed patios, additions — all need to be legitimately permitted before an SB 9 application can move forward.
Does the project comply with Garden Grove Municipal Code Chapter 9.56? This is the city's SB 9 implementing ordinance. Compliance with its objective design standards is required.
Two-Unit Housing Project Requirements
One additional item beyond the general requirements:
Does the project propose a maximum of two housing units on the parcel, excluding ADUs or JADUs? The two-unit limit applies to the primary residential units. ADUs and JADUs are counted separately and are not included in this cap — meaning a fully built-out SB 9 two-unit project can still add ADUs on top.
That's it for the two-unit path. If you clear all the general requirements and this one item, you qualify for ministerial approval as a two-unit project.
Urban Lot Split Requirements
Urban lot splits require all general requirements above, plus the following:
Will the lot split result in exactly two lots? SB 9 allows only a two-parcel split. You cannot subdivide into three or more lots under this pathway.
Will each resulting lot be at least 40% the size of the existing lot? Neither resulting parcel can be smaller than 40% of the original lot. This prevents highly unequal splits where one parcel ends up a sliver.
Will each resulting lot be at least 1,200 sq ft? Absolute minimum size per resulting parcel, regardless of the 40% rule.
Has a Tentative Parcel Map been submitted to the County of Orange? A Parcel Map is required for urban lot splits. This must be submitted as part of the application package.
Has the property not been previously split through an urban lot split? A property that has already been split under SB 9 cannot be split again.
Has the property owner not previously subdivided an adjacent property through an SB 9 urban lot split? The restriction extends to adjacent properties — if the same owner previously used SB 9 to split a neighboring lot, this property is ineligible.
Will each resulting lot contain two housing units or fewer? Neither parcel can exceed two units. This is separate from the ADU/JADU allowances, which stack on top.
Will the property owner occupy one of the housing units for at least three years post-approval? This is the most overlooked requirement on the urban lot split path — the individual property owner must personally occupy one of the resulting housing units for a minimum of three years from the date of approval. This is not waivable.
Does the urban lot split conform to all objective standards of the Subdivision Map Act? The split must meet the state's objective subdivision standards. Garden Grove reviews this as part of the 30-day ministerial review.
What to Submit
Garden Grove's Planning Services Division (11222 Acacia Parkway, Garden Grove, CA 92840 — (714) 741-5312) requires the following for SB 9 ministerial review:
Completed SB 9 Two-Unit and Lot Split Eligibility Checklist
$100 ministerial review fee
Architectural plans (per Residential Submittal Guideline)
Sewer capacity review via the City's GG Ready program
Tentative Parcel Map (urban lot splits only)
Preliminary Title Report (less than six months old)
Preliminary Water Quality Management Plan (if applicable)
Replacement Housing Unit Determination Form (if applicable)
Submit everything together. Incomplete applications restart the 30-day clock.
Lot Geometry Matters More Than People Realize
Before you get deep into the eligibility checklist, it's worth thinking about whether your lot's physical layout actually supports the project you have in mind. Corner lots tend to work best for SB 9 splits — the geometry makes it much easier to create two independently functional parcels with separate access. Interior lots can work, but the layout constraints are tighter.
If you're still in the property search phase and SB 9 is part of your investment thesis, this is one of the factors worth screening for before you go into contract. Running the eligibility checklist on a property you don't yet own costs nothing.
How Garden Grove Compares
For context: Anaheim's SB 9 rules and Buena Park's implementation follow the same state framework for eligibility — the general requirements above apply across all three cities — but the objective design standards (unit sizes, setbacks, height limits) differ city by city. If you're comparing markets, the eligibility checklist is consistent; the development standards are where the differences show up.
Garden Grove's SB 9 implementing ordinance and the California HCD ADU and SB 9 resource page are the two authoritative sources to check before you submit.
Questions on a specific Garden Grove property? Reach out — I run these eligibility checks regularly and can tell you quickly where a project stands.
Dylan Serna | ADU Specialist | adurealtor.net
