Senate Bill 9 (SB9)
California Senate Bill 9 (SB9) was signed into law by Governor Newsom on September 16, 2021, and took effect on January 1, 2022. Subject to certain requirements, SB9 allows ministerial (staff-level building permit) approval of a proposed housing development containing no more than 2 residential units (e.g., one duplex or two detached single-family homes) in single-family residential zones OR a subdivision of one single-family residential lot into two lots.
In most circumstances, SB 9 will result in the potential creation of four dwelling units from an existing single-family parcel, generally in the four (simplified) scenarios depicted, below. In comparison, a single-family property is currently permitted three units, inclusive of a single-family dwelling, an ADU, and a JADU.
Step 1: CONFIRM THE PROJECT IS ELIGIBLE
Projects for a Two-Unit Development and/or an Urban Lot Split must meet all the criteria on the respective Senate Bill 9 (SB 9) Eligibility Checklist to qualify for ministerial review. A project that includes a proposal for a Two-Unit Development and an Urban Lot Split must complete both checklists.
Senate Bill 9: Two-Unit Development Eligibility Checklist
Senate Bill 9: Urban Lot Split Eligibility Checklist
IMPORTANT NOTE: SB 9 only applies to single-family residential zones.
Step 2: SUBMIT A COMPLETE SB 9 APPLICATION PACKET
If you determine your project is eligible, you may apply for the SB 9 Two-Unit Development, and/or the Urban Lot Split using the Planning Application. In addition, the following forms are also required for a complete application.
- Owner occupancy affidavit
- Prior tenancies affidavit
- Draft Deed restriction for Two-Unit Development
- Draft Deed restriction for Urban Lot Split
Additional Information on Subdivisions: You will need to hire a Licensed Surveyor or Engineer to prepare a tentative (parcel) map and illustrate compliance with the Subdivision Map Act and the Milpitas City Code: Chapter 1 - Subdivisions
Tentative Map Submittal Requirements:
- Tentative Subdivision Map
- See the Universal Planning Application for Submittal Details on tentative parcel maps.
Note: A maximum of two units of any kind (primary dwelling, ADU, or Junior ADU) on each of the two resulting lots from an urban lot split are allowed. An ADU / Junior ADU is not permitted when the lot is split, and two primary units are developed on each lot.
Step 3: TIMELINES FOR MINISTERIAL REVIEW
1. Completeness and Eligibility Review. The City will issue a determination of completeness and eligibility within 30 days of receipt of an application.
2. Action on the Application. City staff will issue an approval or denial of the application within 60 days of the completeness determination.
Step 4: SUBMIT FOR BUILDING AND/OR ENGINEERING APPROVALS
Following project approval, permits including Building Permits and Encroachment Permits are applied for and reviewed.