Senate Bill 9
SB 9 allows properties within a “single-family residential zone” to be developed with two units and be subdivided into two parcels, irrespective of local development standards. SB 9 allows for the following two new types of development that must be reviewed ministerially, without discretionary action or public comment:
- Two Unit Development: Allows a single-family residential parcel to be developed with two primary dwelling units instead of just one, including an Accessory Dwelling Unit (ADU) and a Junior Accessory Dwelling Unit (JADU), for a total of four dwelling units.
- Urban Lot Split: Allows a single-family residential parcel to be subdivided into two parcels and for each parcel to be developed with two primary dwelling units, or a primary dwelling unit and an ADU or JADU. The total number of allowable units resulting from an urban lot split is four units, with two on each parcel.
Two-Unit Residential Developments or Urban Lot Splits are to be permitted within all Single-Family Residential Zoning Districts, with the following exceptions:
- Any parcel which would require demolition or alteration of any of the following housing types:
- Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income
- Housing that is subject to any form of rent or price control
- Housing that has been occupied by a tenant within the last 3 years
- Housing with an Ellis Act eviction within the last 15 years
- Any parcel located within a Historic District or included on the Historic Resources Inventory
- Any parcel within a high or very high fire hazard severity zone, unless the development complies with applicable fire hazard mitigation measures
- Any parcel located within an earthquake fault zone, unless the development complies with applicable seismic protection building code standards
- A proposed Two-Unit Residential Development that allows the demolition of more than 25 percent of the existing exterior structural walls, unless the Two-Unit Residential Development is on a site that has not been occupied by a tenant in the last three years
- Any parcel that is adjacent to another lot split by SB 9 by the same owner or “any person acting in concert with the owner”
- Any parcel that was created by a previous SB 9 Urban Lot Split
Two Unit Development: The construction of up to two primary dwelling units, ADU, and JADU are approved ministerially and without a public hearing, subject to approval of a building permit. However, proposed dwelling units that comply with the setback requirements of the underlying zoning district may apply for Design Review approval prior to building permit submittal for the following:
- A new multi-story main structure or multi-story accessory dwelling unit
- The conversion of a single-story structure to a multi-story structure
- A new structure over 18 feet in height or an existing structure that would exceed 18 feet in height as a result of the proposed construction
Urban Lot Splits are approved ministerially and without a public hearing, subject to approval of a Tentative Map and Parcel Map.
Development Standards Summary
|Unit Size and Floor Area/Site Coverage|
|Urban Lot Split Minimum Lot Size|
|Urban Lot Split Owner Occupancy|
1 A transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
2 A ‘ transit stop’ at the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
3 A motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.