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San Anselmo commission recommends zoning changes to align ADU rules with state law
Summary
Planners unanimously recommended Town Council adopt amendments to Title 10, Chapter 6 to conform San Anselmo ADU rules to new state laws (SB 1211 and AB 2533), including allowing up to eight detached ADUs on multifamily lots and removing a local parking replacement requirement.
On Dec. 16 the San Anselmo Planning Commission voted unanimously to recommend Town Council adopt ordinance amendments to Title 10, Chapter 6 (Accessory Dwelling Units) to align local code with recent state changes effective January 2025.
Staff explained the key local changes proposed to conform with state law: increasing the maximum number of detached ADUs allowed on multifamily lots from two to eight; removing the town’s parking replacement requirement for conversions where state law precludes such a requirement; clarifying new definitions for "livable space" and incorporating state objective standard references; and updating cross‑references and CEQA findings. Staff noted the state’s extension of amnesty provisions that allow some previously unpermitted ADUs to be legalized.
Commissioners asked technical questions about the new definitions and about whether legalized units would count toward housing element totals. Staff confirmed the amendments would align local definitions and references with state code and said town staff and building officials have in recent years identified unpermitted ADUs during resale building inspections; most identified units can be brought into compliance unless a public health and safety finding cannot be achieved.
The commission moved to recommend the council adopt the ordinance changes; the motion passed unanimously. The item will go to Town Council on Jan. 14 for further consideration.
