8-0-5 Senate Bill 9 Housing Development: Maximum Number of Units Allowed

Effective January 1, 2022, new enacted Government Code §§ 65852.21 and 66411.7 (enacted by Senate Bill 9, Statutes 2021) require local agencies to provide ministerial review, without discretion or hearing, of proposed two-unit housing developments and urban lot splits, if the housing development or subdivision is within a single-family residential zone and a U.S. Census designated urbanized area or urban cluster, and meets certain requirements. The purpose of this policy is to establish the maximum number of dwelling units allowed on a parcel pursuant to Government Code §§ 65852.21(f) and 66411.7(j)(1)-(2).

1. An SB 9 Urban Lot Split is a subdivision pursuant to Government Code § 66411.7.
2. An SB 9 Two-Unit Housing Development is a housing project pursuant to Government Code § 65852.21.
3. In conformance with Government Code § 66411.7(j)(2), “dwelling unit” as used in section A (Maximum Number of Units on a Parcel Created by an SB 9 Urban Lot Split) of this policy means: Any dwelling unit including, but not limited to, a unit or units created pursuant to Government Code § 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code § 65852.2, or a junior accessory dwelling unit as defined in Government Code § 65852.22.

1. Maximum Number of Units on a Parcel Created by an SB 9 Urban Lot Split (Government Code § 66411.7)
   1. No more than two dwelling units may be permitted on any lot created through an urban lot split.
   2. If a proposed SB 9 Urban Lot Split does not include a housing development at the time of the lot split, a note shall be recorded on the Parcel Map limiting future residential development to two dwelling units in accordance with this policy.
2. Maximum Number of Units on a Lot Not Created by an SB 9 Urban Lot Split (Government Code § 66411.7)
   1. Up to two primary dwelling units, including existing dwelling units on a parcel and units created pursuant to Government Code § 65852.21 may be permitted.
   2. Accessory dwelling units and junior accessory dwelling units may be permitted as allowed by Sonoma County Zoning Code Section 26-88-060 and Section 26-88-061, and Government Code §§ 65852.2 and 65852.22.

Government Code §§ 65852.21 and 66411.7

Approved By: Tennis Wick, Director
Reviewed by Department Manager: Scott Orr, Deputy Director of Planning
Reviewed By County Counsel: Christa Shaw, Deputy County Counsel IV
Lead Author: Katrina Braehmer, Planner III