SB 9: California HOME Act

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Senate Bill (SB) 9 (Atkins), also known as the California Housing Opportunity and More Efficiency (HOME) Act, was signed into law on September 16, 2021, and effective January 1, 2022. The law codified in California Government Code Sections 65852.21 and 66411.7 allows property owners within a single-family residential zone to build two units and/or to subdivide an existing lot into two parcels, for a total of four units.

The law also outlines how jurisdictions may regulate SB 9 projects. Jurisdictions may only apply objective zoning, subdivision, and design standards to these projects, and these standards may not preclude the construction of up to two units of at least 800 square feet each. Jurisdictions can conduct objective design review but may not have hearings for units that meet the state rules (with limited exceptions).

SB 9 requires ministerial approval of the following development activities:

Two-unit Housing Development - two homes on an eligible single-family residential parcel (whether the proposal adds up to two new housing units or adds one new unit to one existing unit).
Urban Lot Split - a one-time subdivision of an existing single-family residential lot into two parcels. This would allow up to a total of four units.

SB 9 applies to all single-family (R1-6L and R1-8L) residentially zoned properties within the City, with several exceptions.

City Ministerial Review Steps

Determine if your proposal qualifies for ministerial approval of additional residential dwelling units under California Government Code Section 65852.21 and a parcel map for an Urban Lot Split under California Government Code Section 66411.7 (SB 9), by completing the City's SB 9 Eligibility Checklist and Application.

Ministerial review of an SB 9 application means a process without discretionary review or hearing, where City staff is limited to ensuring that the proposed development meets all eligibility criteria and applicable objective zoning, subdivision, and design review standards.

Planning. If your proposed project meets all the criteria listed in the SB 9 checklist, you may submit the completed checklist/application, plans, and Property Owner Affidavit (if the project includes an Urban Lot Split) for review by the Planning Division. Consult Santa Clara City Code 18.24 Two-Unit Dwelling Residential Development and Urban Lot Splits for regulations. Projects that include an Urban Lot Split are required to provide information specified in Santa Clara City Code 17.05.400 Tentative Parcel Map and will be referred to Public Works.

Building. If approved by the Planning Division, and the project does not include an Urban Lot Split, you may then submit the proposed project to the Building Division for plan check.

Public Works. A project that includes an Urban Lot Split must obtain Tentative Parcel Map and Parcel Map approval from Public Works prior to applying for a building permit. See 17.05.410 Parcel Maps for requirements.

The eligibility checklist/ application and Property Owner Affidavit can be found at the Planning Permit or Entitlement Application Process page.

Background Information from the Association of Bay Area Governments (ABAG)

City of Santa Clara SB 9 Implementing Ordinance: On August 16, 2022 the City Council adopted Ordinance No. 2048 amending Title 18 of the Santa Clara City Code (Zoning) to add Chapter 18.13, Two-Unit Dwelling Residential Development and Urban Lot Splits (later updated to Chapter 18.21) to implement the provisions of SB 9 with additional objective zoning and design standards to address parking, urban lot split standards, privacy, and neighborhood compatibility. The City Council also adopted Ordinance No. 2049 on August 16, 2022 amending Title 17, Chapter 17.05 (Subdivisions) to reflect the ministerial approval requirement for projects that include an SB 9 Urban Lot Split.

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