SB-9
What is SB-9?
**Passed by California Legislature on September 1, 2021, and went into effect on January 1, 2022, Senate Bill 9 (SB 9) allows ministerial (staff-level) approval of urban lot split and certain housing development projects containing up to two dwelling units (i.e., duplexes) on a single-family zoned parcel, only subject to the State or local objective development standards. **
Guidelines for SB-9 properties
Allowed Uses
Under SB-9, property owners within a single-family zone may utilize one of the following two options to expand the number of housing options on their properties:
- SB 9 Lot split, dividing a single lot into two parcels, with each parcel having the ability to maintain/construct two existing or new housing units on them
- SB 9 Two-unit housing development, creating two housing units on any single-family zoning districts, or the construction of a new duplex unit altogether
Per state law, SB 9 projects are exempted from CEQA; and local jurisdictions are required to review and approve SB 9 projects ministerially without a public hearing or appeal.
Development Area and Floor Area
Parcels that are not being subdivided for SB-9 purposes must be a minimum of 1,200 square feet. The maximum floor area (MFA) and maximum development area (MDA) permitted on the parcel shall be determined through the Lot Unit Factor (LUF) number as defined in Section 10-1.202 of the Municipal Code, excepting that 800 square feet of additional floor area and development area beyond the MFA/MDA is permitted for an SB 9 unit that is not the primary dwelling. Basements and bunkers are not permitted.
Parcels that are not subdivided, but still utilizing SB-9 for projects like duplexes, have a MFA of 1,600 square feet and an MDA of 1,600 square feet plus an additional 2,100 square feet.
Setbacks
For undivided lots, the minimum setback for any new SB 9 dwelling unit is 40 feet from the front parcel line and 4 feet from the side and rear parcel lines.
Height
SB-9 units may be a maximum of 16 feet tall.
Parking
One uncovered space is required for each dwelling unit.
Occupancy
Applicants for SB-9 property subdivisions must live in one of the dwellings on the lot for three years from the date of the approval of the subdivision. SB-9 units themselves must be rented for longer than 30 days. SB-9 units may be rented separately from the primary dwelling unit, if on a subdivided parcel.
Design (per Municipal Code 10-1.1507)
All units, whether they are attached or detached from the primary dwelling, must have exterior wall colors and materials with a light reflectivity value (LRV) of 50 or less and roof materials with an LRV of 40 or less. Exterior building lighting shall be fully shielded and downward facing and limited to one exterior light fixture per exterior doorway, or the minimum necessary to comply with the California Building Standards Code. A hedge of 15-gallon minimum evergreen shrubs at 5-foot intervals must be planted along the parcel line (and outside of any easement) adjacent to the wall of the SB 9 dwelling unit that is closest to the parcel line.
For a detached SB-9 unit, the exterior materials and design shall match the design of any existing primary dwelling unit on the parcel through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.
For an attached SB-9 unit, the exterior materials, windows and other architectural features shall match the existing structure by employing the same building form, color tones, window design, door and window trims, roofing materials and roof pitch.
Permitting Process
SB-9 units may be filed through an application and subsequently approved ministerially by the Planning Department, once the application is deemed complete, within a period of 30 days.
For more information, please view the Town's municipal code Section 10-1.1505 for SB-9 parcels not subdivided, and Section 10-1.1506 for SB-9 parcels that are being subdivided via urban lot split.
SB-9 Is intoduced to the City Council on August 17th, 2023
Resources
California Department of Housing and Community Development SB-9 Fact Sheet
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Important Dates
Planning Commission Special Study Session on SB9 Ordinance
On July 27th, the Planning Commission conducted a formal study session on the proposed permanent SB9 ordinance, the recording of that session can be found here.
Planning Comission and SB9 Ordinance Presentation
At the August 3rd planning commission meeting, staff presented a proposed ordinance to guide and govern SB 9 design standards within the Town of Los Altos Hills. The commission will discuss the proposed ordinance and vote on weather or not to recommend it for approval and adoption by the town council in a future session. The recording of this meeting can be found here.
City Council Introduces SB-9 Permanent Ordinance
City Council for the Town of Los Altos Hills completed the first reading of an ordinance amending Title 9 (Subdivisions and Plan Lines) and Title 10 (Zoning and Site Development) to regulate the subdivision and development of qualified SB-9 properties. The recording for this meeting can be found here.
City Council Approves Permanent SB-9 Ordinance
The City Council completed their second reading and made a motion to approves the permanent SB-9 ordinance at the September 28th, 2023 City Council meeting. The final updated legislation can be found in the Los Altos Hills Municipal Code.