Senate Bill 9 Development

SB 9 Regulations Ordinance

The City's SB 9 regulations are identified in the following document: June 2025 Complete SB 9 Regulations

On June 5, 2023, the City Council introduced the SB 9 Implementation Ordinance. June 5, 2023 Item 14 Agenda Report

On June 19, 2023, the City Council adopted the SB 9 Implementation Ordinance. June 19, 2023 Item 4 Agenda Report

Following approval by the City Council, the Ordinance/Local Coastal Program Amendment was submitted to the California Coastal Commission (CCC) for certification. On April 9, 2025, the Coastal Commission conditionally certified the City's Ordinance/LCPA, which required the City to process an amending Ordinance/LCPA to accept CCC's required modifications. 

On May 19, 2025, the City Council introduced the amending Ordinance for implementation of SB 9 as amended by SB 450 and including the modifications required by the Coastal Commission. May 19, 2025 Item 11 Agenda Report

On June 2, 2025, the City Council adopted the amending Ordinance. June 2, 2025 Item 5 Agenda Report

The adopted regulations became effective on June 12, 2025, the date CCC granted final certification approval.

What is California Senate Bill 9 (SB9) and why are we doing it?

SB 9 is State legislation (Government Code Sections 65852.21 and 66411.7) that was signed into law on September 16, 2021, and became effective on January 1, 2022. The law was amended by SB 450 in September 2024 to clarify that the law applies to charter cities including the City of Del Mar. SB 9, as amended by SB 450, mandates cities and counties to ministerially consider and approve projects consisting of two primary (dwelling) units on a lot zoned for single dwelling units and/or the subdivision of a single dwelling zoned lot into two parcels (Urban Lot Split), resulting in up to two units on each resulting lot and a maximum of four units total per SB 9 project. The City is entirely within the Coastal Zone. Proposed SB 9 development is subject to the Coastal Act and must comply with the environmental protections in City’s certified Local Coastal Program. 

Applications for proposed SB 9 development require processing of an administrative Coastal Development Permit through a staff level permit approval process. The applicable development standards require compliance with objective criteria including but not limited to setbacks, size limits, a maximum height of 16 feet, objective design standards, and a requirement that at least one unit in a SB 9 project be reserved for rent to a low income household for at least 55 years.

Is my property eligible for SB 9?

In the City of Del Mar, SB 9 development is permitted on certain lots in the R1-10 zone and R1-5 zone.  SB 9 development is not permitted in areas of the City such as the Coastal Bluff Overly Zone, the Bluff, Slope and Canyon Overlay Zone, Lagoon Overlay Zone, Open Space Overlay Zone, Historic Preservation Overlay, Beach Overlay Zone, areas of Special Flood Hazard, and properties that are located within the Very High Fire Hazard Severity Zone that do not have at least two emergency evacuation routes.

Eligible lots within the City limits are identified here: SB 9 eligible lots map

Staff Contact

For questions and/or comments, please contact the Planning and Community Development Department, at planning@delmar.ca.us.