Learn about San Rafael's permanent ordinance on SB 9.

San Rafael's Planning Commission unanimously passed a new, permanent ordinance on Senate Bill 9, the exciting new California state law that allows homeowners to subdivide their residential lot and built up to two new units on each parcel. The new ordinance will likely be adopted by City Council at their June 21st meeting, replacing the interim ordinance they passed in late 2021.

For a visual breakdown of San Rafael's current ordinance, explore its SB 9 City Guide! The guide also features local news articles regarding the duplex law and lets you easily compare SB 9 rules between different cities in Marin County.

San Rafael's SB 9 Laws At-A-Glance

Zoning

• Eligible zones: R2a, R1a, R20, R10, R7.5, and R5
• Ineligible: Prime farmland, conservation and habitat areas, hazardous waste sites, historic districts and properties
• Possibly eligible: Delineated Earthquake Fault Zones, Very High Fire Hazard Severity Zones, Flood Zones, Coastal Zones

Occupancy

• Residential use only
• No short-term rentals (minimum 30 days)
• 3-year owner occupancy required for lot splits

Demolition/alteration prohibited for the following:

• Current or former (within the last 3 years) rental housing
• Registered affordable housing
• Rent stabilized housing

Allowable units

Lot split:

• Max. 2 primary units allowed per lot
• If one primary unit: ADUs and JADUs allowed in accordance with municipal code
• If two primary units: 1 <500 sq ft ADU per primary unit

No lot split:

• Max. 2 primary units
• ADUs and JADUs allowed in accordance with municipal code

Development requirements

• Height and floor area ratio determined by zoning code
• 4' side and rear setbacks
• Direct utility connections for each unit
• All objective design standards from zoning code apply (but may not prevent the building of two 800 sq ft units on each lot)

To see if your property qualifies for Senate Bill 9, use our free search tool.

Details from San Rafael’s SB 9 Guidance

Zoning

According to state law, SB 9 is only allowed on properties within single-family residential zones. In San Rafael, these zones are R2a, R1a, R20, R10, R7.5, and R5. If your home is zoned differently, it is not eligible for SB 9. To see what zone your property is in, search your address on San Rafael’s Official Zoning Map.

To ensure protection of the environment and the city's historic architecture, historic districts and certain sensitive areas do not qualify for development under SB 9. These areas include prime farmland, conservation lands, and endangered/threatened species habitat areas.

Parcels within (Very) High Fire Severity Zones and Earthquake Fault Zones may be eligible for SB 9, if all the necessary safety requirements are met. Click the links above to read more about SB 9 development in these zones.

Occupancy

In accordance with state law, all SB 9 units must be reserved for residential use only. No short-term rentals (e.g. Air BnB) are allowed, and in San Rafael all rental or lease terms must be at least 30 days.

Senate Bill 9 also requires that urban lot split applicants must agree to live on one of the lots as their primary residence for a minimum of three years following the subdivision.

Demolition or significant alteration is not allowed on rent controlled or price stabilized housing, or on units that have been rented to tenants within the last three years.

SB 9 development is never allowed on properties with a history of tenant eviction.

Allowable Units

Senate Bill 9 gives owners of qualifying properties the right to build an additional primary dwelling unit on their lot (or two units/duplex on a vacant lot) for a total of two primary units per parcel. The state law allows cities to prevent ADUs on projects that include both an urban lot split and a two-unit (duplex) development.

However, San Rafael has decided to allow one 500 square foot ADU per primary dwelling on lots that include a lot split and a two-unit development. This could potentially allow up to eight total units across the two lots.

Development Requirements

To pursue an SB 9 urban lot split, the parcel must be at least 2,400 square feet, and each resulting lot must be 1,200 square feet or larger. The split must be between 60/40 and 50/50. Although cities can allow smaller lots, San Rafael (like virtually all others) has decided to keep this minimum.

SB 9 developments must follow all objective design and development standards laid out in the zone's municipal code, as long as they don't conflict with SB 9 or prevent two 800 sq ft units per lot.
San Rafael's setback and parking requirements follow the state law: 4' side and rear setbacks and one off-street parking spot per unit (although no parking is required for units within a half-mile walk of high-quality public transit options).

Parking

Senate Bill 9 lets cities require one off-street parking spot per unit, but no parking may be required for properties within half a mile of high-quality public transit.

The Future of SB 9 in San Rafael

While many cities have sought to undermine Senate Bill 9 with restrictive ordinances, San Rafael’s ordinance does not appear to violate the text or intentions of the state law. In fact, San Rafael's ordinance is quite friendly, which earned it a rare A- grade in Homestead's SB 9 City Guides. We hope the city's residents will pursue SB 9 to help increase the housing stock and remedy the affordability crisis.