Atherton council introduces first‑reading of ADU ordinance changes to align with recent state laws
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Summary
Town planner Britney Bendix urged the council to adopt language updating Chapter 17.52 (ADUs) to reflect multiple 2024–25 state laws, clarifying preapproved plans, multifamily unit counts, entrance and setback rules, and review timing; council introduced the ordinance by motion and approved the first reading.
The Atherton Town Council introduced (first reading) amendments to Municipal Code Chapter 17.52 on Nov. 19, a set of revisions staff said are needed to align the town’s accessory dwelling unit (ADU) rules with multiple state laws enacted in 2024–25.
Town planner Britney Bendix told the council the package consolidates changes required by several bills and provides local clarifications on development‑review processes. She described six laws staff considered, including a reorganization of government‑code references and bills that address preapproved ADU plans, the allowable number of detached ADUs on existing multifamily properties, entrance and setback rules, timing for building‑department reviews and response requirements to comment letters.
Bendix said one state change can allow a property with existing multifamily dwelling units to add up to eight detached ADUs depending on how many units already exist; she and the city attorney noted ambiguity about whether “existing” means existing on the date of enactment or once a certificate of completion is issued, and staff said they will review legislative history and recommend a local interpretation if necessary.
Council members asked clarifying questions and raised concerns about limits on local discretion. One council member said the continuing stream of state housing bills places “more pressure on local government to have to change our codes.” Another member described certain changes as “bad law” but noted the necessity of incorporating state requirements to preserve the town’s housing plan with HCD.
Following the presentation councilmember Taglia moved to introduce and conduct first reading of the ordinance to amend Chapter 17.52 as recommended in the staff report; the motion was seconded and the clerk conducted a roll call. The planner said staff will return with a December staff report addressing outstanding clarifications.
The first reading was introduced; the item will come back for final action at a subsequent meeting after further staff analysis and any additional edits.
(Reporting note: staff recited state bill numbers and summaries during the presentation; the council asked for clarification on how some state provisions would apply locally and asked staff to research legislative intent where the government code is ambiguous.)
