Corte Madera has adopted new regulations to comply with Senate Bill 9, a state law to promote the development of new housing.

The Town Council passed the resolution unanimously at a meeting on Tuesday. The update establishes height and setback requirements in the town’s single-family residential zone to comply with the state law, which went into effect this year.

The draft ordinance will replace an urgency ordinance adopted just after the housing law took effect in January. The temporary ordinance was extended once and is set to expire Jan. 17. The Planning Commission approved the new rules on Oct. 25.

The updated rules allow a “two-tiered” approach to size, said Martha Battaglia, the town’s senior planner. Dwelling size is limited to 800 square feet if it reduces side or rear setbacks. The size can be increased to 1,200 square feet if the dwelling meets the setback requirements. Design review will be required for new dwellings larger than 1,200 square feet.

The urgency ordinance established a maximum size of 1,000 square feet.

The building height would be 22 feet to the eaves and 30 feet overall if it complies with a range of requirements for setbacks: front, 20 feet; interior side, 10 feet; and rear, 25 feet. The maximum height allowed if the side or rear setback is reduced is 16 feet.

State law dictates that municipalities cannot preclude the construction of up to two SB 9 dwellings that are a maximum of 800 square feet if they meet minimum 4-foot setbacks and have one parking space when parking can’t be waived.

The buildings can also be allowed increases in height for the amounts they are raised out of the floodplain, up to 20 feet tall.

Battaglia said since the law went into effect, there have been eight lot-split applications under SB 9. Five have been approved and five are pending. The town has not received applications for development under SB 9.

Corte Madera has received more applications than most cities and towns, Battaglia noted. “We’re actually in the minority that we have more applications than most,” she said.

Some council members contemplated the potential impact of the SB 9 standards and whether they would kick off a deluge of applications.

Vice Mayor Eli Beckman initially suggested streamlining the rules with a single square-footage requirement. Councilmember Bob Ravasio said the two-tiered approach might mitigate some of the impact.

Councilmember Charles Lee said, “The two-tiered approach gives better options to the different conditions. It basically opens up more avenues to succeed, but it also constricts it.”

SB 9 gives lot owners in areas zoned for single-family residences the option to split their lots into two. Property owners can build up to two units on each lot, which includes accessory dwelling units and junior accessory dwelling units.

The projects are considered ministerial, meaning they are exempt from review under the California Environmental Quality Act and the bureaucratic reviews that come with it. The process is considered streamlined to promote the quick development of housing.

The urgency ordinance establishes a ministerial review process with objective design standards in a newly established residential zone, called the “T3 edge neighborhood zone,” where the development standards are outlined.