Senate Bill 9 (SB9)

California Senate Bill 9 (SB9)

Senate Bill 9 (SB9), also referred to as the California HOME (Housing Opportunity and More Efficiency) Act, was signed by Governor Newsom on September 16, 2021. This bill amends Section 66452.6 of, and adds Sections 65852.21 and 66411.7 to, the Government Code, relating to a streamlined housing development process. SB9 would require a proposed housing development containing no more than two residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements. This can be implemented by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

  • View the SB 9 full text of the bill

On October 26, 2021, the City Council adopted a Resolution appropriating funds to finance the preparation of a Zoning Ordinance and other associated items to implement SB9.

Staff is anticipated to bring an update to the City's Municipal Code to address Senate Bill 9 "Urban Lot Splits" to Planning Commission in May, 2023 with City Council consideration in June 2023.

What is SB9

The bill mandates local jurisdictions, such as the City of Millbrae, to ministerially approve two-unit dwellings and a subdivision of one lot into two (urban lot split) in any single-unit dwelling zone. SB 9 is effective January 1, 2022.

Community Engagement

To be included in the City's SB 9 Ordinance notification list, please email the Planning Division or call 650-259-2341 to sign up for email notifications. The email notification list will be used to send out notices about public meetings.

A virtual community workshop was held on Thursday, February 17th to discuss changes to the Millbrae zoning code in accordance with Senate Bill 9 (SB9).

Public Meetings & Urgency Ordinances

Tuesday, November 15, 2022 at 7 pm - Special Meeting of the City Council

The City Council adopted a 1 year extension to the Urgency Ordinance establishing temporary objective standards for Two-Unit Residential Developments and Urban Lot Splits, and affordability requirements for Urban Lot Splits that result in more than two dwelling units, in Single Family Residential Zones pursuant to Senate Bill 9. The Urgency Ordinance has been extended through December 15, 2023.

Tuesday, April 26, 2022 at 7 pm - Regular Meeting of the City Council

The City Council received a presentation regarding the SB 9 zoning code update and provided guidance to staff and the consultant team on the preparation of an ordinance establishing objective standards for two-unit residential developments and urban lot splits in Single-Family Residential Zones.

Tuesday, January 25, 2022 at 7 pm - Regular Meeting of the City Council

The City Council held a public hearing, received public comments, and then discussed and adopted by a 4-0-1 vote a 10-month and 15-day extension to the Urgency Ordinance establishing temporary objective standards for Two-Unit Residential Developments and Urban Lot Splits, and affordability requirements for Urban Lot Splits that result in more than two dwelling units, in Single Family Residential Zones pursuant to Senate Bill 9.

Thursday, December 16, 2021 at 8:30 am - Special Meeting of the City Council

The City Council discussed and adopted by a 5-0-0 vote the Urgency Ordinance, with amendments, establishing Objective Standards and Affordability Requirements for Two-Unit Residential Developments and Urban Lot Splits in Single Family Residential Zones pursuant to Senate Bill 9.

Wednesday, December 8, 2021 at 7 pm - Special Meeting of the City Council

The City Council discussed and provided direction on the preparation of an urgency ordinance related to SB 9.

Urgency Ordinance Summary

The Urgency Ordinance enacts four main objective standards consistent with SB 9, and summarized below. For more information, please see the City Council staff reports and Urgency Ordinance.

Number of Units to be Allowed on Each Parcel and Prohibition of Accessory Dwelling Units ("ADUs")/Junior Accessory Dwelling Units ("JADUs")

  • No more than two primary dwelling units may be located on any lot created by an Urban lot split.

Affordable Requirement

  • For an SB 9 Project that results in more than two SB 9 dwelling units, at least one SB 9 dwelling unit will be an Affordable SB 9 dwelling unit and will remain an Affordable SB 9 dwelling unit for a fifty-five (55) year period

Setbacks

  • Any SB 9 dwelling unit constructed must have at least a four-foot rear and side yard setback.

Next Steps on Comprehensive Zoning Ordinance

While this Urgency Ordinance is in effect, City staff will continue working with the City's consultant, on developing a comprehensive Zoning Ordinance that addresses SB 9, for the City Council's consideration, input, and approval by the end of Summer 2023.