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1. Can I use SB9 to split my parcel?

SB 9 "urban lot-splits" are subject to the same restrictions set forth in the preceding FAQ. (See Government Code § 66411.7.) If a parcel has some of these restrictions, please meet with a planner to determine the applicability of SB 9. SB 9 requires that each resulting lot be at least 1,200 square feet. A parcel may only be subdivided using SB 9 one time (i.e., the 2 parcels resulting from the urban lot-split may not be further subdivided pursuant to SB 9).

2. Can I rent out the units created by and SB9 project?

Applicants for an urban lot-split under SB 9 must sign and record a deed restriction that they will use one of the units as their primary residence for a minimum of three years. Otherwise, units may be rented, but for terms of at least 30 days (no Short-Term Rentals).

3. Does SB9 apply to homeowners' associations (HOAs)?

SB 9 does not address rules or restrictions implemented and adopted by homeowners' associations or included in CC&Rs (covenants, conditions, and restrictions). The City does not enforce private CC&Rs.

4. How does the Permit Streamlining ACT apply if these are ministerial actions?

SB 8, also effective January 1, 2022, extends the requirements of the Permit Streamlining Act to housing projects of one unit or more that require no discretionary approvals. As a consequence, SB 9 projects are subject to the Permit Streamlining Act's requirements for completeness determinations (within 30 days of submittal) and approval deadlines (within 60 days of determining that the project is exempt from CEQA).

5. Can I partially or completely demolish and existing dwelling for by SB9 project?

You may not demolish the dwelling if it is rent-controlled, subject to affordable housing restrictions, or a renter was evicted from the dwelling in the past 15 years. You may not demolish more than 25% of an existing dwelling's exterior walls if the dwelling has been a rental property in the past three years.

6. What are the qualifications for an Accessory Dwelling Unit?

One attached or detached ADU may be permitted on a single-family lot that has not been subdivided pursuant to SB9. An ADU is not permitted on an SB9 subdivided lot. Additional information on requirements for ADUs can be found in Milpitas City Code (MMC) Section XI-10-13.08.

In addition to complying with the design and development standards outlined in the SB9 2-Unit Objective Design Standards outlined in the urgency ordinance, and pursuant to MMC Section XI-10-13.08 (Streamlined Accessory Dwelling Units), the maximum floor area allowed for the Accessory Dwelling Unit shall be 800 square feet, the side-and-rear-yard setbacks are at least four feet, and the maximum height shall be 16 feet.

7. What is needed for a Junior Accessory Development Unit?

One Junior ADU may be permitted on a single-family lot that has not been subdivided pursuant to SB9. A Junior ADU is not permitted on an SB9 subdivided lot. Additional information on requirements for Junior ADUs can be found in Milpitas City Code (MMC) Section XI-10-13.08.

In addition to complying with the design and development standards outlined in the SB9 2-Unit Objective Design outlined in the urgency ordinance, and pursuant to MMC Section XI-10-13.08 (Junior ADU standards), the JADU unit must be constructed within the existing walls of an existing or proposed residential dwelling (i.e., one detached single-family home or one of the duplex units).

Pursuant to MMC Section XI-10-13.08, the maximum floor area allowed for the Junior ADU shall be 500 square feet.

Pursuant to MMC Section XI-10-13.08, a recorded deed restriction will be required stating that the owner shall reside in one of the units constructed on the property.

Note: An ADU / Junior ADU is not permitted when the lot is split pursuant to SB9.