Corte Madera advances revisions to lot-splitting ordinance

The Corte Madera Town Council has approved on first reading changes to the town’s lot-splitting ordinance to bring it into compliance with state law.

The council met Tuesday to discuss updates to the town’s ordinance on Senate Bill 9, which aims to stimulate housing production. The 2021 state law allows homeowners on single-family lots to split their property in two and build up to two residences on each lot.

After a difficult implementation period, the state passed a second law in 2024, SB 450, which strengthened SB 9 by lowering some of the barriers on SB 9 projects. SB 450 went into effect on Jan. 1, 2025.

Prior to SB 450, some municipalities were accused of delaying application processes, needlessly denying projects and implementing the law too slowly as a result of public pushback.

SB 450 requires municipalities to remove objective zoning and design standards on SB 9 projects and reply to applications within 60 days. It also prohibits jurisdictions from denying applications because of environmental impacts and boosts state-level enforcement capabilities.

Corte Madera has some restrictions on its SB 9 ordinance, including certain regulations on height, building materials for some fences and property setback requirements. If passed on second reading, the revisions to the ordinance would remove these restrictions.

The most common type of residentially-zoned properties in Corte Madera fall under SB 9 purview. The town has received 11 lot-splitting applications so far and approved 10. One application was withdrawn because it could not meet a fire hydrant standard.

Corrine Grant, a Corte Madera homeowner who said it cost her $50,000 to split her lot, expressed frustration with the town’s approach to SB 9 at the council meeting on Tuesday. Grant emphasized that the town has no choice but to be in compliance with state law.

“We intended to age in place,” she said. “But since it took us three and a half years and it was such a mess to deal with the town, we just have accepted an offer. A young couple will come in and build a $5 million mansion, which doesn’t meet the housing needs of California. … We need infill. We need more small homes.”

Martha Battaglia, a town planner, said at the meeting that implementing new laws is often slow at the start. Battaglia said it can “still be expensive” to divide lots in California.

Council members Pat Ravasio and Eli Beckman apologized to Grant and also echoed Battaglia’s statements on the difficulties of implementing state legislation.

“It’s really unfortunate when members of the public are trying to exercise their rights under the law and they find it difficult to do so,” Beckman said. “I think a lot of times we’re working with very confusing or ambiguous state law and we’re trying to piece together the local versions of these legislations.”

“If you were starting right now, I think you’d have a much better experience,” said Ravasio.