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Mill Valley introduces SB 9 urban lot‑split ordinance, staff stresses limited local applicability due to hillsides
Summary
The council introduced (first reading) a local ordinance implementing SB 9 urban lot splits and two‑unit provisions with objective standards; planning staff and councilmembers said Mill Valley’s topography and fire and environmental constraints will likely limit the number of eligible parcels.
The Mill Valley City Council introduced and waived the first reading of a draft ordinance to implement California’s SB 9 urban lot‑split and two‑unit provisions, following a Planning Commission recommendation. The ordinance adds objective standards and a ministerial review process intended to align the municipal code with state law.
Planning staff said the ordinance allows a maximum of two units per parcel in single‑family zones and provides objective setback, parking and objective development standards consistent with state law, including an owner‑occupancy affidavit for three years after a lot split and a minimum parcel size threshold and 60/40 split requirement for subdivisions. The staff memo and draft ordinance also incorporate exclusions specified by state law: very high fire severity zones, wetlands, parcels with existing multifamily housing, and other state‑specified constraints.
Staff encouraged applicants to pursue a voluntary preliminary application to identify potential hazards and regulatory constraints before a formal submittal, noting that tentative map and utility sequencing remain necessary where sewer, fire access or other infrastructure constraints appear. Planning Department staff said the city expects few successful lot splits in Mill Valley because hilly lots, vegetation, creek setbacks, and fire‑access requirements make many parcels ineligible or infeasible.
Council members asked about enforcement of the owner‑occupancy requirement (staff said an application affidavit and routing to building/fire/DPW for comments), the interaction between ministerial SB 9 approvals and discretionary permits such as tree removals, and public outreach to property owners. Staff recommended follow‑up outreach (Mill Valley Connect and counter materials) and a post‑adoption handout explaining the process, the 60‑day state 'shot clock' for ministerial action, and a checklist for applicants.
Council voted to introduce the ordinance and waive full reading; the matter will return for second reading and will become effective 30 days after final adoption.
