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San Anselmo council adopts first reading of updated ADU zoning to align with state law

2410639 · February 25, 2025
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Summary

The Town Council held a public hearing, accepted staff changes to accessory dwelling unit (ADU) rules to align with recent state legislation and the Department of Housing and Community Development handbook, and approved first reading and waiver of future readings of the ordinance.

The San Anselmo Town Council on Feb. 25 approved the first reading and waived further readings of an ordinance amending local zoning for accessory dwelling units to conform to recent state legislation and updated guidance from the California Department of Housing and Community Development.

Planning staff presented the proposed zoning changes, noting the town has regulated accessory units since 1976 and recently updated local rules in response to state law. The draft ordinance removes earlier references, clarifies owner-occupancy and deed-restriction language, establishes size limits (850 square feet for one-bedroom ADUs, 1,000 square feet for two-bedroom ADUs, and a discretionary allowance up to 1,200 square feet where a planning-review process is used), and modifies rules for ADUs on multifamily lots.

Heidi, a planning staff member who presented the item, told the council the modified regulations include objective design standards, updated municipal code references and provisions for ministerial (streamlined) approval for units that meet state and local standards and a discretionary conditional-use/design-review pathway for larger or otherwise nonconforming proposals. She also said the town retains limited public-health, safety and water-runoff requirements allowed under state law.

During the hearing, council members questioned short-term rental language, compatibility with floodplain height rules and the maximum unit sizes. Heidi said the town’s code enforcement approach treats short-term rental complaints under existing code and that the town does not currently permit short-term rentals; staff offered to return with a standalone short-term-rental discussion if the council wishes. On the floodplain question, staff said a ministerial administrative process already exists in Table 4B to handle foundation- and elevation-related adjustments.

After hearing limited public comment, the council voted to read the ordinance by title only, then voted to approve the first reading and waive future readings. The action advances the zoning amendments to adoption on a standard council schedule (the item passed first reading at this meeting; a final adoption step is required under local ordinance procedures). The council’s vote did not change the town’s short-term rental enforcement practice; staff offered to present a separate item on short-term-rental regulation in the future if council requests it.

Ending: The ordinance aligns San Anselmo’s ADU rules with state law and provides both an administrative pathway for standard ADUs and a discretionary route for larger or unusual proposals; further council consideration could follow if the council directs staff to bring back changes on short-term rentals or floodplain-specific clarifications.