Learn about Millbrae's urgency ordinance on SB 9.

The City of Millbrae in San Mateo County is a very desirable place to live, due to its excellent public schools, Mediterranean climate, and proximity to SFO. Like many cities in California, Millbrae adopted an urgency ordinance on Senate Bill 9. SB 9 is an unprecedented state law that allows Californians to split their single-family residential property and build additional units on each lot. While many housing advocates are embracing the new change, some homeowners see SB 9 as a threat to single family neighborhoods and an overstep on the part of state government.

You can see a visual breakdown of this ordinance, compare guidelines between different cities in San Mateo County, and read relevant local news articles in Homestead's SB 9 City Guide for Millbrae.

Millbrae’s Urgency Ordinance on SB 9

Millbrae’s urgency ordinance was passed on December 16, 2021 and became effective immediately. The ordinance was already in place when Senate Bill 9 went into effect statewide on January 1st, 2022. Millbrae’s urgency ordinance will expire after 45 days on January 30th 2022, unless the City Council votes to extend it. City Council may extend an urgency ordinance no more than twice.

While adoption of SB 9 is mandatory throughout the state, cities may choose to impose specific design and development requirements. These standards must be objective and uniformly applied, as SB 9 projects require ministerial approval without subjective assessment from a review board. This process allows cities a certain amount of control over the projects, provided the local ordinances do not directly conflict with the state law.

Similar to SB 9

Senate Bill 9 suggests a number of guidelines that cities may elect to include. Millbrae Council chose to adopt the following two recommendations in their urgency ordinance:

• One off-street parking spot is required per unit. Exceptions must be made for properties within a half-mile walk of a major transit stop (such as El Camino Real or the BART/ Caltrain Intermodal station). As per state law, exceptions must also be made for properties within one block of a car share vehicle.
• Minimum setback requirements: four feet from side and rear lot lines. This requirement does not apply to new units constructed in the same location and to the same dimensions as an existing housing structure.

In addition to the above optional requirements, there are several provisions in the state law to which the city must abide. For example, a property may only be subdivided once under SB 9, all SB 9 units must be for residential purposes only, and rental periods must be a minimum of 30 days.

Different from SB 9

Millbrae chose to adopt some provisions that are legally allowed under SB 9, but function to complicate, limit, or discourage development. These are:

• Limits on quantity and type of units allowed for lot splits: A maximum of two primary residential units are allowed per lot. No accessory dwelling units or junior accessory dwelling units are permitted.
• Affordability requirements: At least one unit per lot must be reserved for low-income renters (if rented) for no fewer than 55 years. This standard applies to all SB 9 projects, regardless of whether or not an urban lot split is involved.
• Excessive bureaucratic requirements: All SB 9 developments require an extensive covenant before approval

To see if your property meets the legal requirements for SB 9 lot split or duplex development, use Homestead’s free SB 9 Eligibility Search Tool.

Summary

Overall, Millbrae’s ordinance is conservative but not excessively restrictive. It includes no special height or floor area ratio limits, excessive landscaping requirements or fire safety protocols, or stringent design review standards unique to SB 9 projects. In fact, most of the ordinance is in keeping with the state law.

The only significant differences are the covenant, affordability requirements, and limits on allowable units for lot splits. While some cities adopted more lenient ordinances than Millbrae’s, there are plenty with much stricter ordinances as well.

The most restrictive provision of Millbrae’s urgency ordinance is the affordability requirement for all SB 9 projects. While affordability requirements seem like a good thing, they often don’t lead to more affordable housing. Rather, affordability requirements make development financially infeasible, which in turn prevents development altogether. Of course, increasing low income housing options is of utmost importance. Given the state of the housing crisis, however, any and all additional housing units are beneficial.

To learn more about affordability requirements as a means of preventing development, read our article on SB 9 Occupancy Requirements.

The Future of SB 9 in Millbrae

The provisions listed above are all part of a temporary urgency ordinance, so it is possible that Millbrae’s permanent ordinance may differ. However, it will likely be extended once or twice before a very similar local law is adopted.

There is still time for Millbrae to change their mind and loosen their restrictions. Perhaps once Senate Bill 9 goes into practice and city leaders see positive change in other areas, they will choose to adopt a more lenient ordinance. Until then, Millbrae residents who wish to develop their property with SB 9 will find themselves with somewhat limited options.