SB-9 San Jose
Key Details for Your SB-9
Key Provisions of SB 9
Begin your journey with expert guidance, ensuring a smooth and stress-free start to your home improvement or construction project.
Ministerial Approval
Local agencies are required to provide ministerial, or administrative, approval for qualifying housing developments, which streamlines the process by eliminating discretionary reviews and associated public hearings.
Eligibility Criteria
To qualify, properties must be located within single-family residential zones and meet specific criteria, including considerations related to environmental constraints, historic preservation, and tenant protections. California Housing Dept.
Development Standards
Local governments can impose objective zoning, subdivision, and design standards, provided these do not physically preclude the construction of up to two units of at least 800 square feet each.
Application Process SB-9 in San José:
In response to SB 9, the City of San José adopted an urgency ordinance in December 2021 to clarify its implementation. This ordinance outlines specific objective design standards and processes for SB 9 projects within the city.
City of San Jose
Determine Eligibility
Verify that your property is within a single-family residential zone and meets the eligibility criteria set forth by both SB 9 and the City of San José’s implementing ordinance.
Prepare Necessary Documentation
Gather required documents, including site plans, project descriptions, and any other materials specified by the city’s Planning Division. City of San Jose
Submit Application
File your application with the City of San José’s Planning Division, ensuring all forms are completed accurately and all required documentation is included.
Review Process
The city will conduct a ministerial review of your application to confirm compliance with SB 9 provisions and local standards.
Approval and Permitting
Upon approval, proceed with obtaining necessary building permits before commencing construction.
What Sets Us Apart from Competitors
At 9Builders, we distinguish ourselves in the SB 9 development landscape through a combination of specialized expertise, comprehensive services, and a client-centric approach. Here’s what sets us apart:
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Comprehensive, End-to-End Services
We offer a full spectrum of services, from initial consultation and feasibility studies to design, permitting, and construction management. This integrated approach streamlines the development process, saving you time and reducing the stress associated with managing multiple contractors.
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Local Insight and Community Engagement
As a company rooted in the community, we have a deep understanding of local market dynamics and neighborhood characteristics. This insight allows us to develop projects that not only meet regulatory standards but also enhance the community’s fabric.
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By choosing 9Builders, you partner with a team dedicated to delivering exceptional results tailored to your needs, setting us apart from competitors in the SB 9 development space.
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SB-9 FAQs
What is SB 9?
SB 9 is a California state law that allows property owners to build up to two residential units on a single-family zoned lot or to subdivide their lot into two parcels, potentially accommodating up to four units. The law mandates ministerial approval for qualifying projects, streamlining the development process by removing discretionary reviews and public hearings.
California Housing Dept.
What are the eligibility criteria for SB 9 projects?
To qualify for SB 9 development, a property must:
Be located within a single-family residential zone.
Not be in designated sensitive areas such as prime farmland, wetlands, high fire hazard zones, or historic districts.
Not involve the demolition or alteration of affordable housing, rent-controlled units, or housing occupied by a tenant in the last three years. California Housing Dept.
What are the requirements for lot splits under SB 9?
SB 9 permits the subdivision of an existing single-family lot into two parcels, subject to the following conditions:
Each resulting lot must be at least 1,200 square feet.
The split should result in two parcels of approximately equal size, with one parcel not being smaller than 40% of the original lot’s size.
The property owner must sign an affidavit stating their intent to occupy one of the housing units as their principal residence for at least three years following the lot split. California Housing Dept.
How does SB 9 interact with local zoning and design standards?
While SB 9 overrides certain local zoning restrictions to facilitate housing development, local agencies can impose objective zoning, subdivision, and design standards, provided these standards do not physically preclude the construction of up to two units of at least 800 square feet each. For example, the City of San José has adopted specific objective design standards to guide SB 9 developments within its jurisdiction.
Are there any occupancy requirements for SB 9 projects?
For lot splits under SB 9, the property owner is required to sign an affidavit affirming their intention to occupy one of the units as their principal residence for a minimum of three years after the approval of the lot split. This owner-occupancy requirement does not apply to two-unit developments that do not involve a lot split.
How does SB 9 affect properties in San José?
In San José, the implementation of SB 9 is guided by an urgency ordinance that clarifies how the law applies locally. This ordinance outlines specific objective design standards and processes for SB 9 projects within the city.
Requirements for lot-splits under SB9?
Under SB 9, the land requirement for projects depends on whether the property owner is planning to build additional units or subdivide the lot. Here are the key details:
1. Lot Size for Two-Unit Development:
SB 9 does not require a minimum lot size for constructing two housing units on a single-family lot. However, the property must comply with local objective zoning and design standards, which could impose additional constraints.
2. Lot Splits:
When subdividing a lot under SB 9, each resulting lot must meet these criteria:Minimum Size: Each parcel must be at least 1,200 square feet.
Proportionality: The subdivision should result in two parcels of approximately equal size, with one lot not smaller than 40% of the original lot’s size.
3. Local Ordinances:
Some cities may impose stricter requirements or additional conditions, provided these do not preclude the development of at least 800 square feet per unit as required by SB 9.
For specific information regarding your property, consulting your local planning department is recommended to understand additional local regulations.
Can SB 9 be used on properties with existing structures?
Yes, but the project must comply with all SB 9 regulations. For example, the law does not allow demolishing or altering existing affordable housing, rent-controlled units, or housing occupied by a tenant in the last three years.
Does SB 9 allow short-term rentals (e.g., Airbnb)?
No, units developed under SB 9 must be rented for terms of at least 30 days to prevent short-term rental misuse.
Can I split my lot if it is smaller than the required size?
SB 9 requires that each resulting lot must be at least 1,200 square feet. Local jurisdictions may not override this minimum requirement.
Can the two lots be unequal in size?
The split must result in two parcels of approximately equal size, with one parcel being no smaller than 40% of the original lot size.
Can I sell one of the parcels after splitting?
Yes, but the owner must comply with local laws and SB 9 requirements, including the three-year owner-occupancy affidavit if the split was approved under SB 9.
What is the maximum number of units allowed on a single-family lot?
SB 9 allows for up to four units:
Two units per lot (if the original lot is split).
If no lot split is done, a single lot can still support two units.
What is the minimum unit size under SB 9?
SB 9 mandates local agencies to allow housing units with a minimum size of 800 square feet each, regardless of local zoning rules.
Can local jurisdictions deny an SB 9 project?
Yes, but only if a local agency determines that the project would have a specific, adverse impact on public health or safety that cannot be mitigated.
How long does it take to get approval under SB 9?
SB 9 projects require ministerial approval, which is typically faster than discretionary processes. Timelines vary by jurisdiction, but many local governments aim for expedited reviews.
Do I need a public hearing for SB 9 projects?
No, SB 9 projects are exempt from public hearings because they are reviewed ministerially.
Are there fees for SB 9 projects?
Yes, property owners must pay for permits, lot split approvals, and other related fees. Fee amounts depend on local regulations.
Can I get financial assistance for SB 9 projects?
There are no direct state funds for SB 9 developments. However, property owners may qualify for local housing grants or loans aimed at increasing housing supply.
Are there restrictions on parking?
Yes. SB 9 requires no more than one parking space per unit, and parking can be waived if:
The property is within 0.5 miles of public transit.
The property is located in a car-free zone established by local ordinance.
Are ADUs (Accessory Dwelling Units) allowed under SB 9?
ADUs can coexist with SB 9 units, but the combined total of units on the property cannot exceed four units after a lot split.
Does SB 9 override HOA (Homeowners Association) rules?
No, SB 9 does not override private HOA agreements. If your property is subject to HOA restrictions, you must comply with their rules.
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