Senate Bill 9 (SB9)

California Senate Bill 9 (SB9) was signed into law by Governor Newsom on September 16, 2021, and took effect on January 1, 2022. Subject to certain requirements, SB9 allows ministerial (staff level building permit) approval of a proposed housing development containing no more than 2 residential units (e.g., one duplex or two (2) detached single-family homes)) in single-family residential zones OR a subdivision of one (1) single-family residential lot into two (2) lots.

On December 13, 2021, the City of Gilroy City Council adopted Objective Design Standards for SB9 projects. The intent of the Gilroy SB9 Objective Design Standards Policies is to provide applicants and property owners with a clear understanding of the City’s expectations for SB9 projects.

IMPORTANT NOTE: SB9 only applies to single-family residential zones. Please contact the Planning Department to determine if your property is eligible. To check eligibility, email the Planning Division or call 408-846-0440. Please scroll down to the bottom of this page for additional SB9 exclusions.

2-UNIT PROJECTS

SB9 2-Unit Objective Design Standards Policy

2-LOT SUBDIVISIONS

SB9 Lot Split Objective Design Standards Policy

SB 9 Checklist and Affidavit. This checklist provides an overview of Senate Bill 9 (Government Code Section 66411.7) requirements. The property owner must complete this checklist and sign the attached affidavit prior to processing and approval of an SB 9 project.

Additional Information on Subdivisions: You will need to hire a Licensed Surveyor or Engineer to prepare a tentative (parcel) map and illustrate compliance with the Subdivision Map Act and the Gilroy City Code: Chapter 21 SUBDIVISIONS AND LAND DEVELOPMENT (codepublishing.com).

ACCESSORY DWELLING UNITS (ADUs)

Additional information on requirements for ADUs can be found in Gilroy City Code (GCC) Section 30.54

SB9 ADU Height and Floor Area: In addition to complying with the design and development standards outlined in the SB9 2-Unit Objective Design Standards Policy, and pursuant to GCC Section 30.54.30 (Streamlined Accessory Dwelling Units), the maximum floor area allowed for the Accessory Dwelling Unit shall be eight hundred (800) square feet, and the maximum height shall be sixteen (16) feet.

JUNIOR ADUs

Additional information on requirements for Junior ADUs can be found in GCC Section 30.54

SB9 Junior ADU Location: In addition to complying with the design and development standards outlined in the SB9 2-Unit Objective Design Standards Policy, and pursuant to GCC Section 30.54.40 (Junior ADU standards), the JADU unit must be constructed within the existing walls of an existing or proposed residential dwelling (i.e., one detached single-family home or one of the duplex units).

SB9 Junior ADU Floor Area: Pursuant to GCC Section 30.54.40, the maximum floor area allowed for the Junior ADU shall be five hundred (500) square feet.

SB9 Junior ADU Owner Occupancy: Pursuant to GCC Section 30.54.40, a recorded deed restriction will be required stating that the owner shall reside in one of the units constructed on the property.

Number of ADUs Allowed

ADUs can be combined with primary units in a variety of ways to achieve the maximum unit counts provided for under SB 9. The calculation varies slightly depending on whether a lot split is involved, but the outcomes regarding total maximum unit counts are identical.

Lot Split. When a lot split occurs, each lot may contain up to two units. Any of the unit types (i.e., primary unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit could be reached on each lot by creating two primary units, or a primary unit and an ADU, or a primary unit and a Junior ADU.

No Lot Split. When a lot split has not occurred, SB 9 allows up to four units on the existing single lot. Any of the unit types (i.e., primary unit, ADU, and Junior ADU) count toward this four-unit limit (e.g., a duplex, an ADU, and a JADU; or two primary units, an ADU and a JADU, etc.).

SB9 LIMITATIONS:

Ministerial approval under SB9 shall not apply in the case where: development would require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; the development would demolish more than 25% of the existing exterior structural walls of a structure that has been occupied by a tenant in the last three (3) years; or housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. Furthermore, ministerial approval under SB9 shall not apply in the case where the parcel is: located within a historic district or listed as a historic resource on the City of Gilroy’s Historic Resource Inventory; identified as prime agricultural land, wetlands, protected species habitat, or a hazardous waste site; or located within a very high fire hazards zone, earthquake fault zone, floodplain, or floodway.

The City may deny an SB9 project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

The Gilroy SB9 Objective Design Standards Policy does not apply to R-2 zones, multi-family zones, or multi-family developments, which are regulated by the Gilroy Mixed-Use Residential and Multi-Family Residential Objective Design Standards Policy.