What are the requirements for SB-9 lot splits in Fremont?

Hello,

Navigating through SB-9 lot splits can indeed feel daunting, especially given the specific requirements and processes involved. Let's break down the critical aspects you need to know about lot splits under SB-9 in Fremont, California.

### Understanding SB-9 Lot Splits

SB-9, or the California Housing Opportunity and More Efficiency (HOME) Act, enables homeowners to split a single-family lot into two and build up to two residential units on each. However, the implementation can vary based on local ordinances.

#### Minimum Lot Size

Under SB-9, the property must be large enough that each resulting lot is at least 1,200 square feet. Since your lot is just under 6,000 square feet, it appears you would meet the size requirement, assuming a compliant split.

#### Local Zoning and Restrictions

Fremont, like many cities, has its own set of zoning regulations. While SB-9 preempts some local zoning laws, it's essential to verify if your property is subject to any specific neighborhood covenants or historic preservation rules that could affect your plans. Fremont’s Planning Division can provide clarification on these restrictions.

#### Permit Process and Costs

1. **Initial Consultation**: Begin with a consultation with Fremont's Planning Division to understand any specific local requirements. This may cost around $100-$200.

2. **Survey and Lot Split Application**: You’ll need a land surveyor to map your property accurately; this could cost between $2,000 to $3,500. Filing a lot split application in Fremont may range from $1,000 to $2,000 in fees.

3. **Environmental Review**: While SB-9 projects are generally exempt from CEQA (California Environmental Quality Act), ensure no additional environmental constraints apply to your property.

4. **Building Permits**: After approval, you’ll need building permits for any construction. Permit fees can range from $7,000 to $15,000 depending on the scope of work.

#### Setbacks and Design Requirements

SB-9 requires adherence to local setbacks, typically a minimum of 4 feet from the side and rear lot lines. However, the front setback requirements might be more stringent based on the zoning district. Fremont may also impose design standards to maintain neighborhood character, such as roof pitch, facade materials, and height limits.

#### Owner-Occupancy Requirement

Under SB-9, one of the units must be owner-occupied for at least three years following the lot split approval. This means you would need to reside in one of the units, while the other could be rented out. Note that this requirement is a safeguard against speculative developments and aims to ensure community stability.

### Timeline

From start to finish, the process could take 12 to 18 months, assuming no significant obstacles. This timeline includes consultations, surveys, application processing, and construction. Be mindful that delays can occur, especially if there are unique site challenges or if additional documentation is required.

### Tips and Common Mistakes

- **Thorough Research**: Before proceeding, ensure comprehensive research or consult with a local real estate attorney to confirm there are no deed restrictions or HOA rules that could impede your plans.

- **Budgeting**: Set aside contingency funds (10-20% of total project cost) for unexpected expenses, particularly in construction.

- **Professional Guidance**: Consider hiring a local architect or ADU consultant familiar with Fremont's regulations to streamline the design and approval process.

### Next Steps

1. **Contact Fremont’s Planning Division**: Schedule an appointment to discuss your project specifics and gather required forms and guidelines.

2. **Hire Professionals**: Engage a reputable land surveyor and possibly a local architect or consultant to assist with the application and design.

3. **Community Engagement**: If your neighborhood is active or has an HOA, engage with them early to mitigate any opposition or concerns.

### Resources

- **City of Fremont Planning Division**: [Fremont Planning Division Website](https://www.fremont.gov/)

- **California Department of Housing and Community Development**: [SB-9 Fact Sheet](https://www.hcd.ca.gov/)

I hope this helps clarify the process and requirements for you. If you have further questions or need more specific guidance, feel free to reach out. Good luck with your project!

Warm regards,

[Your Name]
ADU Consultant and Advocate