Saint Helena Planning Commission recommends ADU code changes to comply with new state laws

The Saint Helena Planning Commission voted unanimously to recommend that the City Council adopt zoning ordinance amendment ZOA 2025-001, amending section 17.22.030 of the Saint Helena Municipal Code to align local accessory dwelling unit (ADU) rules with state laws AB 2533 and SB 1211.

Staff presented the ordinance and explained the changes required by state law and several non-statutory code cleanups. Jackie O'Neill, the city's senior planner, told commissioners that AB 2533 and SB 1211 took effect Jan. 1, 2025, and that the city must update definitions and approval standards to remain valid under those laws. O'Neill outlined key changes including an updated cutoff date for legalizing unpermitted ADUs, an expanded prohibition on replacing off-street parking, a new definition of "livable space" for converted ADUs in multifamily structures, and increases in the number of detached ADUs allowed on multifamily lots.

The ordinance as presented would, among other changes: (1) permit legalization of certain unpermitted ADUs and junior ADUs (JADUs) constructed before Jan. 1, 2020, subject to limits in AB 2533; (2) prohibit local replacement requirements for uncovered parking spaces removed to create ADUs as expanded by SB 1211; (3) adopt objective architectural criteria to comply with state requirements; and (4) retain a state-mandated baseline allowing an ADU up to 800 square feet regardless of some local lot-coverage rules. O'Neill also noted staff corrections to editing errors in the redline and recommended language adjustments for clarity.

Commissioners discussed the draft at length. Commissioner Anderson said the amendment complies with state law and represents a useful clean-up to the municipal code but stressed it should not be the "end all" of the city's ADU policy work. Several commissioners raised policy concerns about whether ADUs are an effective tool for producing affordable housing in Saint Helena; one commissioner characterized the statewide push as a "race to the bottom" for unit quality, a concern echoed more generally by others. Commissioners asked staff for future reporting on permit numbers and use (for example, whether ADUs are entering the rental market) and asked that the commission's recommendation to the council note the commission's view that ADUs alone are not a comprehensive solution to local housing needs.

On a motion recommending that the council adopt ZOA 2025-001 with staff-recommended amendments and a finding that the ordinance is statutorily exempt from CEQA under California Public Resources Code section 21080.17, the commission voted 5–0 to forward the ordinance to the City Council. The motion as recorded asked the council to adopt amendments to section 17.22.030 of the Saint Helena Municipal Code to implement provisions of California Government Code section 65852.2 as reflected in the staff draft.

The commission also asked staff to return with periodic information about ADU permit activity (the staff report noted current tracking limits in the permit system and identified an upcoming software upgrade that will improve tracking). Staff and outside counsel from the firm identified in the record as BBK will present the ordinance to the City Council at the council's discretion.

The commission concluded the item after the unanimous vote and moved on to scheduled matters.