SB 9 Duplex Project or Subdivision

Here is information about creating a duplex or subdivision under the provisions of Senate Bill 9 (SB 9).

--------UPDATE: On April 22, 2024, the L.A. County Superior Court issued a ruling that invalidated SB 9 within the five Southern California charter cities that brought forward the case. SB 9 currently remains in effect in San José. If the court decision is appealed to the California Supreme Court and a finding is made to make it applicable to all charter cities in California, at such time, the City of San José would reevaluate and comment on the status of SB 9 applications at that time. As is common for evolving land use laws, such a ruling would likely let stand any SB 9 projects approved and/or in progress. --------

qualifying projects

Effective Jan. 1, 2022, the qualifying projects under Senate Bill 9 (SB 9) and City Ordinance 30706 are for single-family lots only. The City Council approved Ordinance 30706 to clarify the application of SB 9 in San José. Qualifying projects include:

Lot must be zoned R-1-1, R-1-2, R-1-5, R-1-8, R-1-RR or zoning district begins with "PD". You may:
Build a duplex on a single-family lot. To proceed with such a project, please read the SB 9 Duplex Project - Zoning Conformance Checklist.
Subdivide a single-family lot to construct either a single-family or duplex home on each lot resulting from the subdivision. To proceed with such a project, please read the SB 9 Subdivision Checklist.

Add an ADU after SB 9 project is implemented. State law and the City's zoning ordinance allow accessory dwelling units (ADUs) to be constructed on properties with SB 9 projects, subject to required setbacks and other Zoning Code regulations.

What can I build under SB 9?

On an existing single-family lot NOT created by an SB 9 subdivision:
- If the lot is vacant, you may build a single-family home or a duplex.
- You may remodel an existing single-family home as a duplex.
- You may demolish a single-family home and rebuild it as a duplex.
- If building a duplex, after it is constructed and as allowed by setback requirements, you may add either two detached ADUs or one attached ADU for a total of no more than four units on the property.
On lots created by an SB 9 subdivision: You may build no more than two units on each of the lots resulting from the subdivision. You may build:
- a duplex on each lot; or
- a duplex on one lot and on the other lot, a single-family home and, if desired, an ADU; or
- a single-family home and, if desired, an ADU on each lot.
On lots that already contain a duplex or multifamily residence: These are not eligible to use the provisions of SB 9, but they may add ADUs.

For more information about ADUs, including junior ADUs, see our ADU webpage.

PROPOSING AN SB 9 PROJECT

To build a duplex on a single-family lot - Read the SB 9 Duplex Project - Zoning Conformance Checklist to get started.
- If you demolish or alter an existing dwelling unit, you must provide the SB 9 Prior Tenancy Attestation Form with your application.
To subdivide a single-family parcel under SB 9 - Read the SB 9 Subdivision Checklist to get started.
- You must provide the Owner-Occupancy Attestation Form with your application. A subdivision under SB 9 requires that the applicant live on one of the parcels resulting from the subdivision for three years from date of approval of the subdivision. This means there must be an existing dwelling unit on the property at the time of approval of the subdivision.
- If you demolish or alter an existing dwelling unit, you must provide an SB 9 Prior Tenancy Attestation Form with your application.
Understand any CC&Rs before proceeding - If your lot is subject to a private agreement known as Conditions, Covenants, and Restrictions (CC&Rs), you are advised to check your property title and consult with your homeowners association, as applicable, to identify such CC&Rs before applying for a SB 9 duplex project. CC&Rs may restrict the number of units that can be built on a property. Note that the City cannot enforce a private agreement between property owners.

SB 9 Forms

SB 9 Duplex Project - Zoning Conformance Checklist
SB 9 Subdivision Checklist
SB 9 Owner-Occupancy Attestation Form
SB 9 Prior Tenancy Attestation Form

The above checklists provide contact information if you have questions.