SB 9 Projects
Governor Newsom signed Senate Bill 9 (SB 9) Sept. 16, 2021, which became effective Jan. 1, 2022. The legislative intent of SB 9 is to spur additional housing development in single-family zoned residential districts. SB 9 creates a framework similar to recent State accessory dwelling unit (ADU) legislation, in that it requires ministerial approval of applications for up to four units for projects that meet minimum criteria defined by the state or local standards that further facilitate housing approvals.
In summary, SB 9 requires proposed housing developments containing no more than two primary residential units on a single parcel within a single-family residential zone to be considered for ministerial approval. SB 9 further requires a local agency to ministerially approve a parcel map for an urban lot split to create two parcels from one single-family residential parcel that meets specific requirements, resulting in the potential to build up to four primary units on existing single-family-zoned lots (up to two primary units on each of two new lots created through an urban lot split). Existing ADU laws may be combined with SB 9 regulations on lots that are not subdivided in order to provide a total of four units on the single-family lot (two primary units and two ADUs). SB 9’s streamlined development review and permitting process does not apply to the demolition and reconstruction of single-family dwellings.
Applicability
The provisions of SB 9 apply to the following zoning districts within the City: R-E-S, R-E, R-1-S, R-1-S (FG), R-1-U and R-1-U (LM). Prospective applicants may use the City’s GIS page to confirm the zoning of specific parcels. In addition to the requirement that an SB 9 project be located on a single-family zoned lot, the following requirements must be met.
State objective standards for urban lot split projects
The SB 9 statute prescribes certain minimum development standards for urban lot split projects, while giving cities the flexibility to impose their own objective design standards. The following standards are mandated by the SB 9 statute and are applicable to all cities.
| Standard |
Explanation |
| Lot area |
In the event of an urban lot split, each resulting lot must be a minimum of 1,200 square feet in size, with neither of the new lots being less than 40% the size of the original lot. |
| Subsequent lot split projects |
An applicant may not apply for the subdivision of a property that was itself created by an urban lot split. Additionally, a single applicant or multiple applicants working together may not use the provisions of SB 9 to split adjacent lots. |
| Rental period |
If a unit created by an SB 9 project is intended to be placed on the rental market, the minimum rental term is 30 days. Therefore, the units may not be used as short-term rentals (e.g., Airbnb). |
| Owner occupancy |
The applicant of an urban lot split project will be required to sign an affidavit stating that they will occupy one of the units as their primary residence for a minimum of three years from the date of the lot split. |
| Construction/demolition allowances |
If an existing residence is subject to covenants and restrictions limiting rental prices to residents with moderate, low or very low income (BMR units) or has been occupied by a tenant within the last three years, the unit may not be completely demolished, and may only demolish up to 25% of exterior walls if necessary to construct a second unit. |
Menlo Park objective standards
The provisions of SB 9 provide local jurisdictions the ability to apply objective development standards for urban lot splits and two-unit projects on single-family lots. In December 2021, the City Council directed staff to develop a set of interim regulations for SB 9 applications to guide proposed developments while a local ordinance was developed. The standards detailed in the interim guidance are no longer in effect, and new applications for SB 9 projects must comply with the adopted ordinance described below.
On Tuesday, March 14, 2023, the City Council introduced an ordinance to implement Senate Bill 9 (SB9). The ordinance creates objective development standards for two-unit developments and urban lot splits in single-family zoning districts, including:
- Setbacks and stepbacks
- Floor area and building coverage limits
- Maximum unit size
- Daylight plane
- Off-street parking
The City Council adopted the ordinance at the March 28, 2023, meeting, and the ordinance became effective on April 27, 2023. Subdivision standards for SB 9 projects may be found in the Menlo Park Municipal Code under Chapter 15.31 (Urban Lot Splits), and development standards may be found in Chapter 16.77 (Two-Unit Developments).
Process for SB 9 projects
Review of urban lot splits and two-unit development projects will be processed ministerially. A building permit will be required for the construction of new units and subdivisions will be processed by the Engineering Division. However, it is recommended you speak to a planner before submitting applications.
Building permit applications are required to be submitted online through the online permit portal. Instructions on how to submit a building permit application may be found on the building permit application submittal guidance webpage. The process and required materials for urban lot split applications was approved by City Council at the March 28, 2023 meeting. Please refer to Chapter 15.31 of the Menlo Park Municipal Code for guidance on urban lot split applications. It is recommended you speak to an engineer before submitting an application for an urban lot split. The parcel map checklist for urban lot splits and grading and drainage guidelines can be found in the related documents below.
Related documents
Planning
Building
Engineering