Thinking about adding a second home on your lot or splitting your property in San Jose? You are not alone. California’s SB 9 opened the door to more housing options on single-family parcels, but the rules and timelines can feel complex. This guide breaks down what SB 9 allows, how San Jose processes applications, and what it means for your budget, financing, HOA rules, and eventual resale. Let’s dive in.
SB 9 at a glance in San Jose
SB 9, also known as the California HOME Act, requires cities to provide ministerial approvals for certain small-scale projects on single-family lots. In plain terms, qualifying projects receive staff-level review without a public hearing when they meet objective standards. You can pursue up to two primary units on one lot or a one-time urban lot split that can lead to two lots with up to two units on each. Review the statutory framework in the chaptered bill text and San Jose’s program page for local steps and materials on About SB 9 in San José.
Who qualifies and common deal-breakers
San Jose uses objective, measurable criteria to determine eligibility. Core state rules require the parcel to be in a single-family zone within an urbanized area and to avoid certain exclusions.
Parcels often excluded
- Properties in designated historic districts or listed on the State Historic Resources Inventory.
- Sites in wetlands, conservation areas, protected habitat, hazardous waste areas, mapped floodways, or certain very high fire hazard zones (mitigation may apply).
- Lots with recent tenant occupancy, recorded affordability restrictions, or recent demolitions that trigger tenant protections.
- Parcels already split under SB 9 or adjacent lots owned by the same person that would result in multiple splits.
These requirements come from state law, which cities must apply as objective checks. See the bill text for the full list.
Owner-occupancy and short-term rentals
If you pursue a lot split, you must sign an affidavit to occupy one unit as your principal residence for at least three years. Short-term rentals under 30 days are barred on SB 9 split lots. These rules are in the state statute and HCD guidance.
San Jose’s objective design standards
San Jose has created objective standards that cover height, setbacks, window placement, parking, and more. The city cannot require subjective hearings if you meet these checks. For the latest adopted standards, follow the city’s project page for SB 9 Objective Design Standards. Note: the state minimum default for SB 9 lot splits is 1,200 square feet per new lot unless a city allows smaller. Always verify San Jose’s current thresholds.
Application process in San Jose
Step 1: Pre-screen your parcel
Confirm zoning and check for disqualifying overlays like historic districts or hazard zones. Start with the city’s SB 9 page and connect with staff for a pre-application conversation on About SB 9 in San José.
Step 2: Submit a complete SB 9 packet
Expect to provide an eligibility checklist, owner and prior-tenancy affidavits, site plans, an objective standards checklist, and a tentative parcel map for lot splits. If you plan two units, you will also file for building permits.
Step 3: Staff review and ministerial decision
San Jose lists a focused review window around 30 days for SB 9-type submittals, followed by action under ministerial timelines once the application is complete. Check current targets on the Planning Applications page for applications and appointments.
Step 4: Mapping and permits
For lot splits, your parcel map is recorded after approval. Building permits then proceed for any new construction. Ministerial approvals are not discretionary under the statute, which is reflected in the SB 9 law.
Budget and timeline impacts
SB 9 approvals are ministerial, so they are typically not subject to project-level CEQA review. That said, hazard-area mitigations and other health and safety rules can still affect design and timing. Plan for administrative friction points like mapping, utility capacity checks, and verifying tenant history.
Expect multiple fee categories: planning entitlements, parcel map processing, building permits, impact and connection fees, utility hook-ups, and professional services (surveyor, architect). San Jose lists current submittal types and timelines on the page for applications and appointments.
Financing, taxes, and HOAs
Property taxes after a split
A recorded map generally creates new APNs. A lot split alone does not automatically trigger a full reassessment under Prop 13, but a sale or completed new construction typically does. Confirm parcel-specific treatment with the Santa Clara County Assessor’s FAQ.
Your mortgage and title
A lot split changes the legal description of your property. If you plan to sell or separately finance one of the new lots, many loans require lender consent or a partial release. Speak with your lender, title company, and a qualified advisor before recording a map or selling. For context on partial releases in recorded loan documents, see this example clause in a public filing from a different asset type on the Equinix investor site (partial release example).
HOA and private CC&Rs
SB 9 does not override private covenants. If your property is in an HOA or subject to CC&Rs that prohibit subdivision or additional dwellings, those rules can block a project. Review your governing documents and check state guidance on SB 9 implementation at HCD’s memo page.
For buyers: evaluating SB 9 homes and lots
If you are buying a property recently split under SB 9, expect separate APNs and tax bills, and confirm how the loan will be structured for each parcel. Ask for documentation tied to any owner-occupancy affidavit and review recorded maps and title matters. If you plan to sell one of two newly created lots soon after closing, you will likely need lender consent or a new loan structure.
Why uptake has been modest
Early reports show SB 9 applications and completions have been lower than expected statewide, including in San Jose. Factors include construction costs, site constraints, utility upgrades, and HOA or title hurdles. For context, see reporting on limited early uptake in the San Francisco Chronicle.
A quick owner checklist
- Confirm eligibility on San Jose’s SB 9 page and request a pre-screen with staff. Start at About SB 9 in San José.
- Review CC&Rs or HOA rules early to identify any private restrictions.
- Speak with your lender and title company about the lot split and potential loan changes.
- Contact the Santa Clara County Assessor about APNs and property tax questions using the Assessor’s FAQ.
- Get a feasibility review from an architect or surveyor to test setbacks, access, parking, and utilities.
- Budget for planning, mapping, building permits, impact fees, and professional services.
Ready to explore your options?
Whether you are weighing a simple two-unit plan or a lot split, you deserve clear guidance and a thoughtful strategy for design, budget, and resale. If you want a local, design-forward partner to help you assess feasibility and plan your next move in San Jose, connect with Susan LaRagione.
FAQs
SB 9 lot split eligibility in San Jose
- You may qualify if your single-family parcel is in an urbanized area and not in excluded categories like historic districts or certain hazard zones; start with the city’s SB 9 resources and a staff pre-screen.
SB 9 and property taxes in Santa Clara County
- A lot split typically creates new APNs; reassessment usually occurs with a change of ownership or when new construction is completed, so check details with the County Assessor.
HOA rules and SB 9 projects in San Jose
- Private CC&Rs can prohibit subdivisions or additional units, and SB 9 does not override those contracts, so review HOA documents before you invest in plans.
Timelines for SB 9 approvals in San Jose
- Expect an initial completeness review around 30 days for focused SB 9 submittals, followed by ministerial decisions when criteria are met; mapping and building permits add time.
Buying a property created under SB 9 in San Jose
- Verify separate APNs, loan structure, recorded maps, and any owner-occupancy affidavit; plan for lender consent or new financing if you intend to sell one of the new lots.