Senate Bill 9 (SB9) FAQs

No, an SB 9 unit is not the same as an Accessory Dwelling Unit (ADU). See the ADU webpage for more information regarding ADU requirements. SB 9 units are primary dwelling units and must provide for separate utility connections and pay full impact fees.

The following project types in a single-family residential zoning district qualify if all eligibility requirements are met: 

SB 9 Lot Split 

• The creation of a new parcel (lot split of an existing residential parcel)
  • Two primary dwelling unit may be located on each newly created lot

SB 9 Unit 

• On a vacant parcel
  • The construction of up to two new detached single-family home
  • The construction of two attached single-family homes (duplex)
• On a parcel with an existing home
  • The construction of an additional attached or detached primary dwelling

An SB 9 lot split is when an existing legal lot is subdivided into two legal lots. Each lot must be at least 40 percent of the original lot’s size, or at least 1,200 square feet, whichever is greater. The new lots must comply with objective subdivision standards such as providing access to or adjoin the public right-of-way and provide for separate utilities.

An SB 9 two-unit development is when a project proposes to add one new primary dwelling unit on a lot with an existing single-family dwelling or create up to two new dwelling units on a vacant lot. The units can be attached (duplex) or detached. An ADU and JADU may also be permitted in accordance with the City’s ADU Ordinance.

• Urban Lot Split (Tentative Parcel Map) $4,265.17 deposit + Staff Time & Materials (Applicant will be billed for the full cost of processing the application) See Fee Schedule.
• Two-Unit Development – Building permits are based on how much the project will cost to complete (also known as the project valuation). Development Impact Fees for a new single-family or multi-family dwelling is also required.

Pursuant to state law, SB 9 is a ministerial review so there is no neighbor notification and no public hearings.

Yes, if an SB 9 lot split is proposed the owner must occupy one of the dwelling units of a minimum of 3 years from the date of the approval of the SB 9 land division unless the applicant is a community land trust or a qualified nonprofit corporation. If the project is only for an SB 9 dwelling unit (no lot split) the owner is not required to live on the property.

No, state law prohibits SB 9 units to be used as short-term rentals. Short-term rentals are rentals for overnight lodging of less than 30 days. Long-term rentals (30 days or greater) are not regulated by SB 9.

Perhaps but only if the PUD exclusively allows single-family residence and no CC&R restrictions are in place. Check with a Planner if unsure.

No, SB 9 only applies in single-family zoned areas.

Yes, you may apply for an SB 9 Lot Split and submit for an SB 9 Unit application concurrently.