California Senate Bill (SB) 9

Overview

California Senate Bill (SB) 9, signed into law by Governor Newsom on September 16, 2021, allows property owners within a single-family residential zone to build two primary units and/or to subdivide a lot into two parcels for a maximum of four primary units on two parcels. SB 9 went into effect on January 1, 2022.

SB 9 requires a ministerial review of the following development activities in single-family residential zones:  

• Two-unit housing development – Two primary dwellings on an eligible single-family residential parcel (whether the proposal adds up to two new housing units or adds one new unit to one existing unit).  
• Urban lot split - A one-time subdivision of an existing single-family residential parcel into two parcels. This would allow up to four primary units (where a project proposes both a two-unit development and an urban lot split, a jurisdiction can choose to allow only four units total (including ADUs and JADUs).  

The City has adopted the Two-Unit Developments and Urban Lot Splits Ordinance (Chapter 17.79 in Title 17 of Zoning) to enact the provisions of SB 9.  Here is the link to Chapter 17.79.

Zoning Districts

The provisions of the Ordinance will apply to all single-family residential zone parcels (R-1 and R-1/PD).

Processing and Application

• SB 9 applications shall be submitted to the Community Development Department and transmitted to other applicable city departments for review.
• All SB 9 Applications shall be considered ministerially, without public hearings or discretionary review.
• A parcel map shall be required for all Urban Lot Splits.
• All SB 9 Applications shall be approved or denied within sixty (60) calendar days from the date the City receives the completed application.
• The Department shall not require the correction of nonconforming zoning conditions.
• The following are required for an SB 9 application:
  • Application forms.
  • Verification of Property Ownership.
  • Legal Description of the property and resultant lots for Urban Lot Split.
  • Checklist requirements.
  • Plans per checklists.
  • Additional Affidavits showing occupancy for the past three years.
  • Recorded covenant prohibiting further subdivision for Urban Lot Split application, restriction on residential use, and short-term rentals.

Objective Development Standards

Two-unit housing development

• Number of Units – Total four (4) units per lot, including ADUs (2 primary units) and a total of two (2) units on a newly created parcel.
• Size – 800 square feet or 1,200 square feet, provided the lot coverage requirement is met.
• Setbacks
  • Front setback as per the underlying zoning district
  • Side and rear setbacks of 4 feet.
  • Height – Maximum 16 feet for detached SB 9 unit and 25 feet for attached SB 9 unit.
  • Parking – One (1) parking space for each SB 9 unit, and no parking is required if the parcel is within ½-mile of a high-quality transit corridor or there is a car share vehicle within one block of the parcel.
  • SB 9 unit cannot be rented for a period of less than 30 days.

Urban lot split

• Number of parcels – no more than two (2) new parcels.
• Parcel size – minimum 1,200 square feet.
• Minimum frontage of 20 feet.
• Requirement for separate utility meters for each parcel and connected to public sewer.