Senate Bill 9 Projects

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Senate Bill (“SB”) 9 establishes a streamlined process to allow the creation of up to four dwelling units on a lot typically zoned for one single-family residence, with or without a subdivision. SB 9 projects are approved ministerially (meaning no public hearing or environmental review) and are subject to different development standards compared to traditional housing developments.

SB 9 allows for up to four dwelling units per eligible single-family zoned parcel, including existing and proposed dwellings, in the following combinations as demonstrated in the graphic below:

SB 9 Development (with no subdivision) can result in a maximum of four dwelling units within the existing parcel. May be new and/or proposed dwelling units. Example projects may include:
- 2 primary dwelling units + 2 Accessory Dwelling Units (“ADU”)
- 2 primary dwelling units + 1 ADU + 1 Junior ADU (“JADU”)
SB 9 Subdivision can result in a maximum of two dwelling units on each resulting parcel. Example projects may include:
- 2 parcels with up to 2 primary dwelling units per parcel
- 2 parcels with up to 1 primary dwelling unit + 1 ADU or JADU per parcel
- 2 parcels with no new development

Regulations and Zoning

SB 9 Subdivisions and Development Projects are generally required to comply with the following development standards. Please review the full list of development standards in Martinez Municipal Code Chapter 22.51A.

Residential Development Standards

Size	Under no circumstance shall development standards prohibit a newly created SB 9 unit from being less than 800 square feet in floor area
Side and Rear Yard Setbacks	4 feet for both
All Other Development Standards	Consistent with the underlying zoning district in which the development will be located. To determine your property’s zoning designation, either use the City’s online mapping tool or contact the Planning Division (see below).

Subdivision Standards

Number of Parcels	No more than two parcels
Size	Approximately equal area where one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. In no instance shall any resulting parcel be smaller than 1,200 square feet in area.
Utilities	Separate utility meters and utility connections shall be provided for each parcel.

Project Eligibility and Other Notes

Zoning Districts	Must be located within a single-family zoning district, including any of the following: R-6.0, R-7.0, R-7.5, R-10.0, R-12.0, R-15.0, R-20.0, R-40.0, R-65.0, R-80.0, R-100.0, or any “”RR” zoning district. To determine your property’s zoning designation, either use the City’s online mapping tool or contact the Planning Division (see below).
Environmentally Sensitive Areas	The project site cannot be in a conservation area or hazardous waste site, and cannot contain protected species habitat, designated historic resources, prime farmland, farmland of statewide importance, wetlands, or conservation easements.
Existing Housing	The project cannot involve demolition of affordable housing, demolition of any housing occupied by a tenant in the last three years, or demolition of housing that is subject to any form of rent or price control.
Prior SB 9 Projects	Parcels are not eligible for an SB 9 subdivision if they were created by another SB 9 subdivision.
Short-Term Rentals	If the SB 9 project creates a rental unit, it must be a long-term rental (>30 days).
Owner Occupancy Requirements	Projects utilizing the subdivision provisions of SB 9 must sign an affidavit stating that the Applicant intends to occupy one of the housing units as their principal residence for a minimum of three years.

Process

Self-Screening and Eligibility Review: Review Martinez Municipal Code Chapter 22.51A to:
1. Confirm your property is eligible for SB 9;
2. Determine if the project you’re proposing complies with all the applicable development standards; and
3. Understand possible restrictions on yourself and future development opportunities.
Preliminary Review: Once you have a preliminary scope of work you’d like to pursue, and prior to submitting an application, work with a professional to draft preliminary plans. If you are proposing an SB 9 Subdivision, you will also need to work with a licensed Engineer to prepare a draft Tentative Map and Legal Description. Email Us the draft plans and a Planner will provide you with preliminary feedback.
Submit Application and Pay Fees: Submit a Planning Division Standard Application Form, Planning Division Submittal Checklist and Guidelines Form, and the SB 9 Eligibility Checklist, along with any project plans and/or Tentative Map/Legal Description as applicable. You will also be required to pay any associated fees.
Application Review: Staff will have 30 calendar days to review your application. If there is information missing or inconsistent with SB 9 Subdivision or Development standards, staff will issue a letter detailing what needs to be addressed.
Building Permit/Parcel Map Recording: Once staff determines that the SB 9 Subdivision or Development project complies with all applicable development standards, you may then apply for a Building Permit and Final Parcel Map (as applicable).
Construction: Once you’ve been issued a Building Permit, find reputable contractors to assist with construction. Consider visiting the Contractors State License Board website for advice on hiring a contractor. If the property owner is acting as the general contractor, then identify a licensed plumber, mechanical, electrical subcontractor.
Inspections: Contact the Building Division at (925) 372-3596 to schedule inspections prior to occupancy.
Occupancy: Once final inspections are complete, the new unit(s) may be occupied!

Additional Resources