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SB 9 Guidelines & Implementation

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What is Senate Bill 9 (SB 9)?

SB 9 allows two-unit developments and/or urban lot splits on single-family zoned parcels throughout the State. Single-family zones include R-1, RS, RE, and some PD properties. To find the zoning of a particular property, please utilize the Zoning Map Viewer.

Pertinent Information Regarding SB 9

For two-unit developments:

  • The City must relax current development standards if it would preclude the construction of up to two units that are 800 square feet or smaller. The City may still impose four (4) foot side and rear setbacks in this case. 
  • If the proposed unit(s) are larger than 800 square feet, all current development standards of the underlying district must be met. 
  • Each unit on an eligible parcel may have one ADU or JADU. In no instance shall this bill be used to allow more than four (4) units on an existing parcel.
  • Units created pursuant to SB 9 must pay all required fees, including impact fees.
  • One parking space per unit is required, unless the site is located within a half mile to a high-quality transit corridor or a major transit stop.

 For urban lot splits:

  • Each of the newly created lots following an urban lot split can have no more than two units.
  • ADUs and JADUs, in addition to SB 9 units, shall be prohibited.
  • If a lot is split using SB 9, the property owner must live on one of the newly created lots for at least three (3) years.
  • Each lot must have adequate access to a public right-of-way. Generally, access requirements are at a minimum twenty (20) feet. Lots cannot be split where the only access to the lot is from an alley.
  • Lots created from an urban lot split must be similar in size (no more than a 60:40 split).
  • Lots created pursuant to SB 9 cannot be split again using SB 9.
  • A property owner cannot split adjacent properties using SB 9.
  • No lot created using SB 9 can be less than 1,200 square feet.
  • The City cannot require setbacks from newly created lot lines to existing structures.
  • Dedication of easements may be required if necessary for public services and facilities. 

Tenant Protections

  • Projects utilizing SB 9 cannot include the demolition or alteration of any unit if 1) the unit is deed-restricted affordable, 2) subject to rent control, or 3) had been tenant occupied in the last three (3) years.

Ineligible Sites

The provisions of SB 9 do not apply if the site is located:

  • In a historic district,
  • In a very high fire severity zone,
  • On prime farmland or farmland of statewide importance,
  • On wetlands, 
  • On a hazardous waste site,
  • On a delineated earthquake fault zone,
  • On a 100-year flood zone,
  • In a floodway,
  • In a conservation area,
  • On a site with existing habitat for protected species, or
  • On lands under conservation easement.

Frequently asked questions about SB9

Q: Do the structures have to be attached?

A: No. SB 9 units may be detached, attached, stacked, or conversions.

Q: Do non-conforming zoning conditions need to be corrected?

A: No. Cities cannot require the correction of non-conforming zoning conditions as a condition of the approval on the request. 

Q: Can I have both an ADU and a Junior ADU for each of my SB 9 units?

A: No. SB 9 does not  allow more than four (4) units on an existing single-family lot. If a lot is split using SB 9, the newly created lots cannot have more than two (2) units.  ADUs and JADUs, in addition to SB 9 units, shall be prohibited in conjunction with a lot split.

Q: Can I short-term rent a property that has utilized SB 9?

A: No. No unit on a property that has benefitted from SB 9 shall be rented for less than 30 days. 

Q: What if my property is located in the Coastal Zone?

A: SB 9 does not exempt properties from complying with the Coastal Act, except that no public hearing shall be required.

Q: Can my HOA restrict my ability to use SB 9 on my property?

A: SB 9 does not contain any provisions that explicitly override HOA rules. Homeowners are advised to read their covenant, conditions, and restrictions (CC&Rs) or consult with their HOA prior to beginning an SB 9 project. Issues between a property owner and a HOA are civil matters for which the City cannot get involved. 

Further Information

This guide is meant to help people understand SB 9 and does not include every applicable regulation related to the law. For further information, please see the documents below: