ADUs and SB-9 in Woodside Hills
Dear Members,
Following recent changes to state laws and the related media coverage, the Woodside Hills Homes Association (WHHA) Board of Directors and Architectural Board receives periodic inquiries regarding the association’s policies and procedures related to enforcing the Conditions, Covenants and Restrictions (CC&Rs) as they relate to Accessory Dwelling Units (ADUs) and lot splitting.
We hope this letter will provide some clarity regarding the Association’s approach to dealing with these issues moving forward.
Accessory Dwelling Units (ADUs)
The laws governing ADUs have changed in the past few years and the changes have created some confusion regarding the role of the Association’s CC&Rs and architectural review process. These new state laws require the Town of Woodside to issue permits for ADUs to be built within 4 feet of the side and rear property lines and allow them to be 17 feet high. However, the WHHA CC&Rs require all structures be 25 feet from the side and rear property lines and accessory buildings be less than 12 feet high. These CC&R restrictions still apply in most cases.
The confusion arises because the headlines claim the state law overrides all CC&Rs but this is only when CC&Rs impose restrictions that “unreasonably increase the cost” to build the ADU. Given our large lots, there are typically many places to build an ADU at similar costs so the CC&Rs are generally enforceable.
Here is the full text of California Civil Code Section 714.3 which reads:
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code.
Using this law, the Association’s architectural review process will continue to uphold the Association’s existing ADU design and setback requirements to the extent possible using reasonable restrictions. WHHA has been following this approach for some time now with the Architectural Board recommending variances to the CC&R mandated rules when dictated by the property’s topography, septic leach field imposed restrictions and the need to lessen neighbor impact.
ADUs are certainly encouraged within our neighborhood, and have been so since inception, so long as they are built according to the rules that were accepted by purchasing a home here with the CC&Rs in place and relaxed in some cases to comply with State law.
SB-9 Lot Splits
On January 1, 2022, California Senate Bill 9 went into effect. This law requires cities and counties to permit single-family parcels to be sub-divided regardless of zoning. SB9 does not alter the restrictions in our CC&Rs, which remain effective. While WHHA CC&Rs do not prevent sub-dividing of lots, they do require a 1-acre minimum lot and so only 2+ acre parcels may be subdivided.
As always, please contact WHHA when you are considering a new project. [email protected] is the best email to start your conversation.
Unanimously signed by:
Board of Directors, Woodside Hills Homes Association
Architectural Board, Woodside Hills Homes Association
Dear Members,
Following recent changes to state laws and the related media coverage, the Woodside Hills Homes Association (WHHA) Board of Directors and Architectural Board receives periodic inquiries regarding the association’s policies and procedures related to enforcing the Conditions, Covenants and Restrictions (CC&Rs) as they relate to Accessory Dwelling Units (ADUs) and lot splitting.
We hope this letter will provide some clarity regarding the Association’s approach to dealing with these issues moving forward.
Accessory Dwelling Units (ADUs)
The laws governing ADUs have changed in the past few years and the changes have created some confusion regarding the role of the Association’s CC&Rs and architectural review process. These new state laws require the Town of Woodside to issue permits for ADUs to be built within 4 feet of the side and rear property lines and allow them to be 17 feet high. However, the WHHA CC&Rs require all structures be 25 feet from the side and rear property lines and accessory buildings be less than 12 feet high. These CC&R restrictions still apply in most cases.
The confusion arises because the headlines claim the state law overrides all CC&Rs but this is only when CC&Rs impose restrictions that “unreasonably increase the cost” to build the ADU. Given our large lots, there are typically many places to build an ADU at similar costs so the CC&Rs are generally enforceable.
Here is the full text of California Civil Code Section 714.3 which reads:
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code.
Using this law, the Association’s architectural review process will continue to uphold the Association’s existing ADU design and setback requirements to the extent possible using reasonable restrictions. WHHA has been following this approach for some time now with the Architectural Board recommending variances to the CC&R mandated rules when dictated by the property’s topography, septic leach field imposed restrictions and the need to lessen neighbor impact.
ADUs are certainly encouraged within our neighborhood, and have been so since inception, so long as they are built according to the rules that were accepted by purchasing a home here with the CC&Rs in place and relaxed in some cases to comply with State law.
SB-9 Lot Splits
On January 1, 2022, California Senate Bill 9 went into effect. This law requires cities and counties to permit single-family parcels to be sub-divided regardless of zoning. SB9 does not alter the restrictions in our CC&Rs, which remain effective. While WHHA CC&Rs do not prevent sub-dividing of lots, they do require a 1-acre minimum lot and so only 2+ acre parcels may be subdivided.
As always, please contact WHHA when you are considering a new project. [email protected] is the best email to start your conversation.
Unanimously signed by:
Board of Directors, Woodside Hills Homes Association
Architectural Board, Woodside Hills Homes Association