SB9 in Fullerton

Fullerton earns a grade of D for SB9 implementation. This grade signals that the city has not facilitated any SB9 applications or approvals through 2025. Investors should expect minimal to no SB9-driven development activity in Fullerton at this time. The lack of approvals indicates significant barriers or disinterest in utilizing SB9 within the city.

Fullerton is a charter city that was previously subject to a court-enforced agreement with the California Department of Housing and Community Development (HCD) to comply with SB9. The city now maintains a standard SB9 ordinance that aligns with state requirements. This means the ordinance allows for lot splits and duplex developments consistent with SB9 guidelines. There are no unusual local restrictions beyond typical setbacks, parking requirements, and design standards. The ordinance is straightforward and does not impose additional hurdles beyond the state baseline.

Despite having a compliant SB9 ordinance in place, Fullerton recorded zero SB9 applications or approvals from 2022 through 2025. The city’s status as a charter city initially complicated SB9 implementation due to litigation and resistance to state mandates. However, a Court of Appeal ruling in September 2025 forced Fullerton to fully comply with SB9 requirements. Even after this ruling, there was no measurable increase in SB9 activity through the end of 2025. This flat trajectory suggests either a lack of developer interest, persistent local barriers not reflected in the ordinance text, or slow administrative processing. The absence of any applications or approvals indicates that SB9 has not yet become a viable pathway for housing expansion in Fullerton.

There is no record of any HCD enforcement action against Fullerton related to SB9 compliance. The city was previously subject to a court-enforced agreement but has not faced formal enforcement letters or lawsuits from HCD during the 2022-2025 period.

Investors should avoid relying on SB9-driven projects in Fullerton at this time. The complete lack of applications and approvals over four years shows that SB9 is not currently unlocking development potential in this market. Although the city now has a compliant ordinance following the 2025 Court of Appeal ruling, the absence of any activity suggests that other factors are suppressing SB9 utilization. Until there is evidence of administrative support or developer interest, Fullerton remains a poor choice for investors seeking SB9 opportunities. For the grading methodology, see the SB9 City Guide post.