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Planning commission recommends ADU ordinance changes to align with new state laws
Summary
The Nunnites Planning Commission recommended the city adopt updates to its accessory dwelling unit (ADU) ordinance to reflect AB 2533 and SB 1211, expanding legalization of some unpermitted units and changing parking and multifamily ADU limits; the commission voted to forward the recommendation to City Council.
The Nunnites Planning Commission on Tuesday recommended that the City Council adopt updates to the city’s accessory dwelling unit ordinance that staff says are needed to comply with two recently signed state laws.
Planning staff told commissioners the draft ordinance incorporates AB 2533 and SB 1211, both of which take effect Jan. 1, 2025. Staff said the changes include expanding the date for legalizing certain unpermitted ADUs and altering replacement‑parking and multifamily‑ADU rules.
"The only language that this changes in our updated ordinance is related to legalization of unpermitted ADUs," planning staff said during the presentation, adding the previous cutoff of 2018 for legalizing unpermitted ADUs would be expanded to any ADU constructed before January 2020 and would include junior ADUs (JADUs).
Why it matters: AB 2533, staff said, allows the city to accept permit applications to legalize ADU uses built before Jan. 2020, broadening the pool of conversions eligible for legalization; SB 1211 revises replacement‑parking rules to cover uncovered spaces (so demolishing a garage or uncovered space to build an ADU no longer triggers replacement‑parking requirements) and allows more detached ADUs on existing multifamily parcels subject to limits tied to existing unit counts. The draft also renames the local bonus JADU program to a "bonus ADU" program while retaining the 500‑square‑foot size cap and the requirement that the bonus unit be contained entirely within the primary single‑family residence.
During commissioner questions, Commissioner Mason asked whether the ordinance change exempts structures that were built without building permits; staff clarified the change applies to legalizing the ADU use only and does not exempt structures from required building permits.
Commissioner Heising moved that the commission find the ADU regulations exempt from the California Environmental Quality Act and consistent with the general plan, adopt Resolution 20 24‑13, and forward a recommendation to the City Council, adding the staff‑requested language about JADU addressing. The motion, seconded for the record, passed on a voice vote; the commission recorded "Aye" and the motion carried.
What’s next: The Planning Commission’s recommendation will be transmitted to the City Council for final action. Staff told the commission it incorporated clarifying language to comply with state law and to avoid cross‑referencing other municipal code sections (as required by statute).
