LA Is Writing SB 9 Lot Splits Into City Code at the Nov 12 Hearing: Split Your Encino Lot Now or Wait?

Quick answer

On Thursday, November 12, 2026 at 8:30 a.m., the Los Angeles City Planning Commission is scheduled to hear agenda item 6, case CPC-2025-4421-CA. The Commission is asked to recommend that City Council adopt a new HOME Act Ordinance writing SB 9 two-unit and urban lot-split rules into the Los Angeles Municipal Code, with local standards the official agenda describes as greater flexibility in how urban lots may be split.

SB 9 is already state law. The September 3, 2026 draft posted by City Planning is not adopted law. A CPC recommendation still must go to City Council, and the draft is not effective until Council adopts it and the ordinance takes effect. Encino owners can start feasibility now, but should not underwrite a sale, loan, or construction budget on unadopted local incentives.

Images are conceptual illustrations, not photographs of an actual project, approved map, or 121 Design Build job.

Short definitions

• SB 9 / HOME Act: the 2021 state law creating ministerial paths for qualifying single-family properties to add a second primary home or split one lot into two. The draft cites Government Code Sections 65852.21 and 66411.7, as amended from time to time.
• Urban lot split: a ministerial subdivision of one existing legal parcel into no more than two parcels of approximately equal area.
• Two-unit development: a project for one or two dwelling units that results in no more than two primary units on a lot, not counting any ADU or JADU otherwise allowed.
• Ministerial review: approval based on applicable objective standards, not a discretionary design hearing, and not a same-day permit.

Key Takeaways

• The Nov. 12 item is a CPC recommendation on a draft ordinance, not a change in law by itself.
• State SB 9 already applies; the draft would replace interim local guidance with written LAMC standards, access rules, and optional preservation incentives.
• The draft keeps a 1,200-square-foot and 30-percent-of-original-lot minimum for each new parcel, an 18-foot minimum width, and a three-year owner-occupancy affidavit for lot splits.
• On a parcel created by an urban lot split, the draft would cap the lot at two units of any kind, including an ADU or JADU.
• Very High Fire Hazard Severity Zones are not an automatic bar in the City's fact sheet if state mitigation and safety standards are met. Historic and tenant protections still apply.

What is the Commission considering on November 12?

The official CPC agenda lists a public hearing on CPC-2025-4421-CA and asks the Commission to recommend that Council establish a HOME Act Ordinance amending LAMC Chapter I Sections 12.21 and 12.22 and Chapter 1A Articles 6 and 7, and to adopt the staff recommendation report as its report. Related cases at the same meeting cover starter homes and Lot Amenity Space; those are separate ordinances. The agenda lists December 31, 2026 as the last day to act on the CPC case. City Planning's hearing page states that the proposed ordinance still requires final approval by the City Council.

What does current SB 9 law already allow, and what would the draft add?

City Planning's fact sheet states that SB 9 is already in effect and applies citywide. Qualifying properties in single-family zones may add a second primary home or divide one property into two lots, with state protections for environmentally sensitive sites, renters, and historic resources. Cities may apply objective local standards that do not prevent the housing protected by state law, including up to two homes of at least 800 square feet each on each resulting lot.

The draft is the City's proposed local implementation. City Planning says it would replace interim guidance with clearer standards, make lot splits more practical, and add incentives to retain existing homes and mature trees. The September 3 draft includes a minimum resulting parcel size of 1,200 square feet and not less than 30 percent of the original lot area; a minimum lot width of 18 feet; and access by a public or private street, an alley, or an access easement, including a shared driveway easement or a flag lot with a minimum access strip and frontage of eight and a half feet. It also offers optional tree-preservation and surveyed-historic-resource incentives, such as limited extra floor area or a setback deviation, if draft conditions are met.

The draft includes an early-start path: after tentative or preliminary map approval, a building permit may be issued before the final map is recorded, with a recorded covenant that no certificate of occupancy is issued until the final map is recorded. Projects with off-site common access, or a street or alley vacation or merger, would not be eligible for that early permit. The official fact sheet also says the ordinance would allow a common-access sewer, subject to Bureau of Engineering approval.

Which Encino lots would the draft exclude?

Do not assume every Encino lot qualifies, and do not assume every hillside or fire-zone lot is barred. The draft would allow these projects only in specified single-family zones, including A, RA, RE, RS, R1, RU, RZ, and RW1, and would require the site to satisfy the environmentally sensitive-area criteria in Government Code Section 65913.4(a)(6)(B) through (K).

The City's fact sheet lists farmland, wetlands, conservation or habitat areas, certain hazardous-waste sites, and specified flood areas as ineligible. It also states that SB 9 projects are allowed in Very High Fire Hazard Severity Zones and delineated earthquake fault zones if they comply with state mitigation and safety standards. That is not a blanket fire-zone ban, and it is different from the City's separate hillside and fire-zone rules for some ADUs. Check ZIMAS and current overlays for your parcel.

Historic limits are specific. The draft would make a two-unit development ineligible on a site with a contributing structure in a Historic Preservation Overlay Zone or a historic district on the State Historic Resources Inventory, or on a parcel listed as a Historic Cultural Monument or state historical resource. An urban lot split would be ineligible on a historic landmark or Monument site, or if it required demolition or alteration of a contributing HPOZ or historic-district structure, or demolition of an existing exterior structural wall of a structure in those areas. A prior SB 9 split on the same lot, or a prior adjacent split by the same owner or a person acting in concert, would also bar a new split. The draft would also bar projects that require demolition or alteration of affordable covenant units, Rent Stabilization Ordinance units, or housing occupied by a tenant in the last three years, and it addresses parcels withdrawn from rental use under the Ellis Act within 15 years.

What about owner occupancy and ADUs?

For an urban lot split, the draft would require an affidavit stating an intent to occupy one dwelling unit as a principal residence for at least three years from the date the split is approved, with exceptions for a community land trust or a qualified nonprofit corporation. It also requires a recorded deed restriction, approved by LADBS, addressing primary-residence occupancy and running with the land. The affidavit and deed-restriction language are not worded identically, so have counsel read both if you proceed under an adopted ordinance.

On a parcel created through an urban lot split, the draft says more than two units are not permitted. "Two units" includes a primary dwelling, units in a two-unit development, an ADU, and a JADU. If a project uses both the two-unit development and urban lot-split authorities, the draft says the City is not required to permit an ADU or JADU on those parcels. A backyard ADU strategy and a two-lot split are not automatically additive.

Should you split an Encino lot now, or wait for Council?

You can already study, and in many cases apply for, an SB 9 project under current state law and the City's present process. Waiting does not create a new state right that you lack today. Waiting may be rational if your layout depends on a draft local standard, such as the 8.5-foot flag-access option, shared parking within the map, early-start permits, or a preservation incentive. Those items can still change.

In either case, do the feasibility work first: zoning and overlay review, a licensed land survey, title and easement review, utilities and access, tenant history, and a site plan that works under current rules. Our earlier article, Ministerial Is Not Instant: Why an LA SB 9 Lot Split Still Needs a Feasibility Hire Before LADBS Drawings, covers that screening sequence. This article is about the proposed local ordinance and the now-versus-wait decision, not a rewrite of that guide.

Who should you hire?

Hire a design-build team or architect who will coordinate the house design with the map, a licensed land surveyor for the parcel map, a civil engineer for grading, drainage, and utilities, and a title or land-use attorney for occupancy affidavits, deed restrictions, easements, and tenant issues. Ask how each firm is tracking CPC-2025-4421-CA, and ask for a current-law plan plus a clearly labeled draft-ordinance alternative.

How 121 Design Build can help

121 Design Build is based in Encino and works with homeowners on ADU and small-home design, permitting, and construction. We can review your lot, separate what state law already allows from what the draft would change, and coordinate with the survey, civil, and legal specialists a split requires. Call (424) 600-2100 or visit 17801 Ventura Blvd, 2nd floor, Encino.

FAQ

Is the HOME Act Ordinance already in effect?

No. The November 12 hearing is for a CPC recommendation. City Council must still adopt the ordinance, and it must take effect, before the local code amendments apply.

If my Encino lot is in a Very High Fire Hazard Severity Zone, is a split impossible?

Not automatically, according to the City's fact sheet, which says SB 9 projects may proceed in VHFHSZ and delineated fault zones if they comply with state mitigation and safety standards. Confirm your overlays and the applicable safety requirements.

Can I add ADUs on both new lots after a split?

Do not assume that. The draft would limit a lot created by an urban lot split to two units of any kind, including ADUs and JADUs, and would not require the City to allow an ADU or JADU on parcels that use both a two-unit development and a lot split.

Does a ministerial 60-day clock mean I can skip a surveyor?

No. The draft would require approval or denial of a completed urban lot-split application within 60 days, with deemed approval if the City misses that deadline, but you still need a complete, accurate map and supporting studies.

Sources

• Official City Planning Commission Agenda, November 12, 2026 (CPC-2025-4421-CA)
• CityHallPass: November 12, 2026 CPC agenda summary
• LA City Planning: Missing Middle LA Public Hearing (next steps and draft ordinance links)
• Draft HOME Act Ordinance, September 3, 2026 (official City Planning PDF)
• Official Missing Middle LA Fact Sheet (HOME Act / SB 9 discussion and eligibility notes)

This article is general information, not legal advice. The draft ordinance can change before Council adoption. Confirm current state law, any adopted local text, effective dates, and your property's eligibility with the City and with qualified professionals, including a land-use attorney.

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