SB 9, Atkins

On September 16, 2021, SB 9, Atkins, was signed into law. The effective date was January 1, 2022.

What SB 9 Allows

In a nutshell, SB 9 allows for any single-family zoned lot to be split in two, and then allows each of these two, approximately equal-sized (no greater then 40/60) lots to have two units. Although property owners can already add units to their properties under the existing State Accessory Dwelling Unit (ADU) laws and Town ordinances, SB 9 allows a property owner to create a new salable lot and lots which are smaller than the minimum lot size required by the Town’s zone district (as small as 1,200 square feet each).

Implementation of SB 9

While most of the provisions of SB 9 are black and white State mandates for every California jurisdiction (SB 9 Legislation - Bill Text (PDF)), there are a few decisions that each jurisdiction has the discretion to make, including: Will SB 9 units greater than 800 square feet be allowed? Will basements below SB 9 units be allowed given that only one parking space can be required per unit? Given that SB 9 allows only for the application of Objective Design Standards, will Objective Design Standards be developed and applied? Will health and safety findings be made that affect the siting of SB 9 units? Are there habitats that exclude the development of SB 9 units?

On December 14, 2021, the Woodside Town Council took the following actions:

On January 11, 2022, the Woodside Town Council took the following action:

  • Took a second reading of the regular Ordinance to implement SB 9 (Ordinance 2022-624 (PDF)). The regular Ordinance becomes effective 30 days after the second reading, i.e., February 10, 2022.

The Town Council took further actions to align the Town's Municipal Code with SB 9 by adopting Ordinance 2022-625 on March 8, 2022 (Ordinance 2022-625 (PDF)).

Under the adopted Town Ordinance, SB 9 unit size was limited to 800 square feet, and basements under SB 9 units were prohibited.  Under the adopted Resolution, Objective Design Standards for SB 9 projects were approved.

Related Documents