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Planning Commission recommends council adopt updated ADU rules to reflect state changes
Summary
The Planning Commission voted unanimously to recommend that the Town Council adopt zoning amendments to San Anselmo’s ADU regulations to conform with recent state ADU law clarifications and guidance.
The San Anselmo Planning Commission voted unanimously on Feb. 3 to recommend that the Town Council adopt amendments to the town’s accessory dwelling unit (ADU) zoning regulations to conform to recent state law and guidance.
Senior planner Lindsay Klein presented the proposed revisions, which update references to state code, clarify allowable ADU sizes and the distinction between ministerial and discretionary review paths, and remove the town’s ability to require owner-occupancy deed restrictions for ADUs. Klein said the amendments also clarify when an ADU is exempt from discretionary review and when a nonexempt ADU may proceed under objective design standards, or alternatively by a combined design-review/conditional-use permit.
The changes respond to several recently enacted state laws and to a new ADU technical guide released in January 2025. Klein told the commission that the town’s 2022 ordinance remained the baseline but that multiple state clarifications required targeted updates. The draft ordinance includes the state’s updated maximum sizes used for ministerial ADUs (850 square feet for studios/one-bedroom units; 1,000 square feet for two-bedroom or larger units), clarifies internal-connection and deed-restriction rules and preserves objective design standards the town can apply to certain nonexempt ADUs.
A public comment letter from a housing advocacy nonprofit requested additional edits; staff incorporated many of the technical corrections and noted points of disagreement about whether the town may maintain a discretionary approval path for nonexempt ADUs. Town counsel advised staff that the town may include a discretionary path so long as the ministerial paths required by state law remain available. Commissioners asked clarifying questions about the “three-path” framework (exempt ministerial ADU, ministerial ADU meeting objective standards, and discretionary review for nonexempt ADUs). Klein said the building department is also working on preapproved ADU plans to streamline ministerial approvals.
Commissioners moved, seconded and voted to recommend the ordinance amendments to the Town Council. The motion passed unanimously. The item will go to the council for final adoption; Town staff noted the council date might be moved to the next available meeting.
