What is Senate Bill 9 (SB 9)?

Effective as of January 1, 2022, Senate Bill 9 (SB 9) is a law enacted by the State of California that increases the allowed density on certain single-family lots. SB 9 (Government Code §65852.21 and §66411.7) establishes a streamlined process to develop two primary dwelling units on one eligible single-family zoned parcel, and/or to split one eligible single-family zoned parcel into two separate parcels of approximately equal size. SB 9 also provides more flexible property setbacks and parking standards and extends subdivision approval expirations for eligible parcels. The law also allows cities to adopt local objective design standards for development and subdivision.

Development Under SB 9

Senate Bill 9 waives discretionary review and public hearings for construction of up to two residences on one parcel in a single-family zone and/or subdivision of one single-family lot into two lots. SB 9 can be used to add new residences to an existing parcel, divide an existing residence into multiple units, or divide a parcel and add residences.

On November 15, 2022, the Cupertino City Council approved objective standards and processes for development and subdivision under SB9 through City Ordinance No. 22-2246. The ordinance can be found here: Ordinance No. 22-2246.

Development of residences under SB 9 in the City of Cupertino require Miscellaneous Ministerial Permit approval and subdivision of a single-family lot under SB 9 requires Urban Lot Split (Parcel Map) approval. Decisions by the Director on either application is final and therefore not appealable.

General SB 9 Eligibility

SB 9 projects must meet the following minimum requirements. Additional requirements may apply based on project design and location. 

1. Projects must be located in a Single-Family Residential zone (i.e. R-1, P(R1), Planned Development where only single-family uses area allowed, or RHS)

2. The subject parcel cannot be located:

a. Within a historic district, California historical resources inventory, or on a historic property;

b. Within a 100-year flood zone or within a floodway, unless public works standards can be met;

c. Within a very high or high fire severity zone, unless the site has adopted certain fire hazard mitigation measures per the Fire Department (consult https://egis.fire.ca.gov/fhsz);

d. Within a hazardous waste or hazardous list site (consult https://www.envirostor.dtsc.ca.gov/public/);

e. Within a delineated earthquake fault zone (consult https://maps.conservation.ca.gov/cgs/eqzapp/app/);

f. On property that contains habitat for protected species or is under a conservation easement.

3. The proposed project cannot result in the demolition or alteration of:

a. Affordable or rent-controlled housing;

b. Market-rate housing that has been occupied by a tenant within the past three years;

c. A parcel where the property owner exercised the right to withdraw accommodations from rent or lease within the last 15 years;

d. A parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 (Ellis Act) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits the building permit application.

4. If the property has been tenant occupied within the last three years, the development must propose the
demolition of less than 25 percent of the existing exterior structural walls of a site.

5. The proposed project must provide legal access from an existing easement or right-of-way.

6. A lot resulting from a ministerial lot split must be at least 1,200 square feet.

SB 9 Application Process

Additional Information