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Lafayette · Building on your lot

Lot splits under SB 9 in Lafayette

Lafayette's own rules on lot splits under sb 9, with the code text for every value, and the state law underneath.

Each rule below links to the section of the Lafayette Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Lafayette's code says

Lafayette code What Lafayette's code adds
Setbacks
  • At least 4 feet from side and rear lines.
    Applies: Applies to side and rear yard setbacks for new construction.
    § 6-3811 · code text
    At no time shall the side yard setback or rear yard setback be reduced to less than four feet for new construction.
Standards
  • District front, side, rear and secondary front setbacks apply, relaxed where they would block 2 units of 800 square feet.
    Applies: Applies to primary dwelling units built under the state two-unit (SB 9) law.
    § 6-3811 · code text
    The front setback, side yard setback, rear yard setback and secondary front setback shall be those established by the zoning district in which the property is located pursuant to Chapter 6-7 of the Lafayette Municipal Code. If one or more of those setbacks would preclude construction of two units of 800 square feet each, then the city will relax one or more setbacks to allow two units of 800 square feet each.
  • building height shall not exceed 35 feet and two and one-half stories
    Applies: primary dwelling units developed under Government Code Section 65852.21
    § 6-3811 · code text
    Building height shall not exceed 35 feet as defined in Section 6-313 and two and one-half stories.
  • Parking spaces at least 10 by 20 feet, covered or open, not in the required setback or side yard.
    Applies: Applies to primary dwelling units built under the state two-unit (SB 9) law.
    § 6-3811 · code text
    The parking space shall have minimum dimensions of at least ten feet by 20 feet, either covered or open, and shall not be located within the required setback or side yard
  • Import and off-haul limited to 200 cubic yards combined.
    Applies: Applies to grading outside the building footprint.
    § 6-3811 · code text
    Import and off-haul shall be limited to a maximum of 200 cubic yards combined for grading outside the building footprint.
  • Retaining walls no more than 4 feet high; multiple 4-foot walls must be at least 4 feet apart.
    Applies: Applies to retaining walls outside the building footprint.
    § 6-3811 · code text
    Retaining walls outside the building footprint shall not exceed four feet in height. Multiple four-feet walls are permissible if they are separated by a minimum of four feet.
  • Windows must have a sill at least 5 feet high.
    Applies: Windows facing side property lines, except ground floor windows and where fire code requires otherwise.
    § 6-3811 · code text
    Windows facing side property lines shall have a five-feet minimum sill height, except as otherwise required by fire code.
  • Not between the house front and front property line, nor within 10 feet of a side or rear property line.
    Applies: Applies to compressors, pumps and HVAC equipment.
    § 6-3811 · code text
    Compressors, pumps and HVAC equipment shall not be located between the front of residence and the front property line or secondary frontage and shall not be located within ten feet of a side or rear property line.
  • Standards cannot block up to 2 units per parcel, each at least 800 square feet.
    Applies: The city gives relief from standards where needed.
    § 6-3807 · code text
    The standards set forth in this chapter shall not physically preclude the construction of up to two units per parcel and shall not preclude each unit from being at least 800 square feet in floor area, unless otherwise precluded by law.
  • Relief encroaches first into the side yard, then rear yard, front yard, creek setback, and ridgeline setback last.
    Applies: Applies to relief from standards to allow 2 units of 800 square feet.
    § 6-3807 · code text
    Encroach into 1) side yard, 2) rear yard, 3) front yard, 4) creek setback, and 5) ridgeline setback in that order.
  • No development within 400 feet of a Class 1 ridgeline or 250 feet of a Class II ridgeline (plan view).
    Applies: Hillside Overlay District. No structure within 250 feet of a Class III ridge may rise above a horizontal plane through the ridgeline.
    § 6-3811 · code text
    Specifically, no development may take place within 400 feet (measured in plan view) of a Class 1 ridgeline; no development may take place within 250 feet (measured in plan view) of a Class II ridgeline and no portion of a structure may be erected within 250 feet of a class Ill ridge that is higher than a horizontal plane that intercepts the ridgeline.
Owner occupancy
  • 1 of the 2 units must be the owner's principal residence.
    Applies: Applies to a housing development.
    § 6-3809 · code text
    For a housing development, one of the two units shall be the property owner(s)' principal residence.
  • Affidavit to live in 1 unit as principal residence for at least 3 years from lot split approval.
    Applies: Urban lot split. Does not apply to a community land trust or a qualified nonprofit corporation.
    § 6-3809 · code text
    An applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
Parking
  • 1 off-street parking space per unit.
    Applies: Not required within a 1/2-mile walk of a high-quality transit corridor or major transit stop, or with a car share vehicle within 1 block.
    § 6-3811 · code text
    One off-street parking space per unit shall be provided, unless the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code or there is a car share vehicle located within one block of the parcel.

Who this affects

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Frequently asked questions

Can I split my lot under SB 9 in Lafayette?

Lafayette's code: At least 4 feet from side and rear lines. (Applies to side and rear yard setbacks for new construction.) (§ 6-3811); District front, side, rear and secondary front setbacks apply, relaxed where they would block 2 units of 800 square feet. (Applies to primary dwelling units built under the state two-unit (SB 9) law.) (§ 6-3811).

General information, not legal advice.

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