Cathedral City planning commission recommends ADU code changes to match new state laws

The Cathedral City Planning Commission on Nov. 5 voted unanimously to recommend that the City Council adopt amendments to Chapter 9.114 of the Cathedral City Municipal Code to bring the city's accessory dwelling unit (ADU) regulations into conformance with recent state legislation.

Associate Planner Dom Camps presented the draft ordinance, saying staff reorganized development standards by ADU type and incorporated changes required by Assembly Bill 2533 and Senate Bill 1211, both effective Jan. 1, 2025. Camps told the commission the city issued 26 ADU building permits so far this year, including seven using the city's preapproved ADU plans; none of those preapproved-plan ADUs were completed as of the presentation.

The draft ordinance makes multiple changes to local ADU rules. Per staff, AB 2533 restricts local agencies from denying permits for certain previously unpermitted ADUs and JADUs constructed before Jan. 1, 2020 unless a building inspection finds the unit is substandard. SB 1211, staff said, prevents local agencies from requiring replacement of demolished uncovered off-street parking when such parking is removed to construct an ADU, adds a statutory definition of “livable space” used for conversions on multifamily properties, and identifies categories of ADUs that are exempt from local objective development standards except as explicitly allowed by state law.

Staff explained which ADU types remain subject to local standards and which are exempt. Under the draft code: attached ADUs, conversion ADUs and JADUs remain regulated in line with state-size limits and other statutory requirements; detached ADUs larger than 800 square feet on single-family lots remain subject to the city's existing development standards (setbacks, lot coverage, architecture and landscaping matching the primary dwelling). For multifamily lots, staff said the code would allow up to eight detached ADUs on an existing multifamily lot but not more than the number of existing dwelling units; proposed language also sets a multifamily definition at two or more units for ADU purposes (the city's general zoning definition uses three or more units).

On administration and processing, Camps said the draft adds a ministerial-processing requirement for specified ADUs and removes the conditional-use-permit path that previously allowed some nonconforming ADUs to be reviewed through discretionary procedures. Staff also proposed clarifying language for setbacks stating "no setback shall be required except as required by the building code for fire and safety purposes," consistent with state law.

Commissioners voiced frustration that the Legislature has limited local land-use authority and raised concerns about potential impacts on streetscapes, for example ADUs located four feet from the front property line and the possibility of incompatible architectural styles. Commissioners discussed that the upcoming development code update could be used to establish objective design standards to address compatibility and operational issues (trash storage, setbacks, etc.).

After discussion, the commission moved and seconded a resolution recommending that City Council adopt the ordinance amendment, including the recommended change to Section 9.114.060.1. The motion carried unanimously (all ayes).

Votes at a glance: Resolution recommending the City Council adopt an ordinance amending Chapter 9.114 of the Cathedral City Municipal Code to align ADU regulations with state law — Outcome: recommended to City Council (motion carried, all ayes).