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Atascadero council introduces code change to align ADU rules with new state law
Summary
City staff presented an ordinance to update Atascadero’s accessory dwelling unit (ADU) code to incorporate state changes under SB 1211 and SB 477; council voted unanimously to introduce the ordinance for first reading and scheduled a second reading for Jan. 28.
The Atascadero City Council introduced an ordinance for first reading to update the city’s accessory dwelling unit (ADU) rules to comply with new state law, including Senate Bill 1211 and Senate Bill 477, and voted unanimously to return for a second reading on Jan. 28.
The change was presented by Phil Dunsmore, Atascadero’s community development director, who said the state changes were effectively “forced upon us” and must be incorporated into local code by Jan. 1. “There was two Senate bills adopted in 2024. One of them was SB 1211. That’s the bigger one,” Dunsmore told council. He said SB 1211 allows a larger number of ADUs in multifamily projects and changes parking requirements.
The nut graph: The revision alters local rules to match state law that expands where and how many ADUs can be created inside multifamily developments, clarifies septic and SB 9 interactions, and codifies minor citation fixes; the changes are intended to secure local consistency with state requirements and avoid rendering Atascadero’s ordinance void.
Key points raised by staff and planners: - SB 1211: For newly proposed multifamily projects, developers may add as many as two ADUs; for existing multifamily properties that meet criteria (sites with eight or more dwelling units), owners could add up to eight ADUs above existing density where fit allows. Dunsmore said, “in an existing multifamily project, you could do up to 8.” - Parking: The state language can allow ADUs to be placed where parking exists on site without mandating replacement parking elsewhere. Dunsmore noted this is intended as a housing stimulus and said the rule “really hasn’t been tested.” - Scope and limits: Assistant planner Sam Mountain clarified the rule applies only to properties in multifamily zoning (not to parcels created under SB 9) and that eligibility depends on underlying zoning and existing built density. “SB 1211 … only applies to multifamily developments,” Mountain said. - HOAs and private restrictions: Staff said state law can preempt some private restrictions: where state law authorizes ADUs, an HOA’s private covenants may not be able to bar that conversion.
Council members pressed staff on practical impacts. Council Member Funk asked whether the rule applies only where a multifamily project is built out to its maximum density; Dunsmore answered the city’s current policy already requires that test. Members expressed concern about parking loss and potential impacts on circulation in established multifamily parking lots; staff said safety and emergency access remain mandatory and that in many Atascadero settings it may be difficult to physically fit the maximum number of ADUs on many sites.
Action taken: Council voted unanimously to introduce the draft ordinance by title only and set a second reading for Jan. 28. If adopted on second reading, the ordinance would take effect 30 days later.
What’s next: Staff will return with the second-reading ordinance and the corrected redline exhibit (it includes a missing word that was restored in the packet) and will post the updated code language online before implementation.
