SB 9: The California H.O.M.E. Act

On September 16, 2021, the State of California adopted Senate Bill 9 which aims to streamline housing permitting and increase density to create more inclusive and vibrant neighborhoods across the State. On January 1, 2022, all local agencies must ministerially approve two residential units on a parcel within a single-unit residential zone if the development meets specific objective criteria. The bill also requires ministerial review for subdividing one lot into two lots within a single-unit residential zone and permitting up to two units on each parcel (four total dwelling units on what was formerly a single-unit lot) if the development complies with specific objective criteria.
SB 9 The California H.O.M.E. Act

What is the purpose of the SB 9 legislation?

Many cities in California have limited housing options. Neighborhoods are commonly zoned for single unit homes, the most expensive housing type to own or rent. This legislation was passed to provide more housing supply by requiring jurisdictions to ministerially process additional units on lots within those lower-density areas.

Where can I find the SB 9 legislation?

The Senate Bill 9 legislation can be found here: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9

What is a Duplex Development and what are the regulations for a Duplex Development under SB 9?

Under the provisions of SB 9, a Duplex Development is a development with a maximum of two (2) dwelling units (attached or detached) on a single-unit zoned parcel. Any existing dwellings, including accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), count toward the two (2) units. The Duplex Development shall comply with the following regulations:

  • Setbacks:  Minimum four (4)-foot interior side and rear yard.  Front yard and street-side yard setbacks shall comply with the underlying zoning district regulations unless it precludes the development of two (2) 800 square-foot units on the subject property.
  • Parking: Minimum of one off-street parking space per unit unless the parcel is within 1/2-mile walking distance of a high-quality transit corridor or major transit stop; or within one block of a car share vehicle.​
  • Design: The project shall comply with the objective standards within the underlying zoning district and the City's Design Guidelines except as stated above.

What is an Urban Lot Split and what are the regulations for an Urban Lot Split under SB 9?

Under the provisions of SB 9, an Urban Lot Split is the subdivision of any single-unit zoned parcel to create two (2) new parcels. Parcels previously subdivided using SB 9 cannot reapply for the Urban Lot Split application under SB 9. Urban Lot Splits shall comply with the following regulations:

  • Each new lot shall be at least 1,200 square feet.
  • The Urban Lot Split shall result in new lots of approximately equal size (60/40 minimum proportionality).
  • The property owner shall intend to occupy one of the units as their principal residence for a minimum of three years.
  • The property owner shall not act in concert with the owner of an adjacent parcel.
  • The City may require easements for public services and utilities and a requirement for access to the public right-of-way, but not dedications or offsite improvement conditions
  • A maximum of two (2) dwelling units are allowed on each lot, for a total of four (4) dwelling units. The same development standards (e.g., setbacks, floor area, parking, design, etc.) apply as noted above under the Duplex Development.​

Where can I learn more?

Download the City's SB 9 Frequently Asked Questions (FAQ) document and/or contact Planning Division staff at (510) 583-4216 or planning.division@hayward-ca.gov. 

Senate Bill 9 Application & Affidavits