Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Housing Policy topic
No spam. Unsubscribe anytime.
Montclair staff moves to align ADU rules with new state laws; second reading set for Feb. 2
Summary
Staff presented draft ordinance 25-1014 to bring Montclairs accessory dwelling unit rules into conformity with recent state law changes; council set the ordinance for a second reading and possible adoption on Feb. 2, 2026 and asked staff for a permit-type breakdown.
Senior Planner Gutierrez presented draft ordinance 25-1014, a repeal-and-replace update to Montclair's ADU chapter intended to conform local code to recent state statutes including AB 2533, SB 1211 and SB 543 and to HCD reporting requirements.
The ordinance would extend amnesty/legalization for previously built unpermitted ADUs from the old January 1, 2018 construction cutoff to January 1, 2020, clarify replacement-parking limitations when covered or uncovered parking is converted to ADUs, and restate state definitions for livable space and size caps (for example, JADUs capped at 500 square feet and ADUs subject to minimum and maximum interior space requirements). Staff also said ADUs of 750 square feet or smaller remain exempt from development impact fees under state law.
Why it matters: Council members expressed concern about loss of local control and potential parking impacts but acknowledged that many provisions are mandated by state law and that Montclair's existing ordinance largely complies. Council asked staff to provide a breakdown of recent ADU applications (detached, attached, converted/JADU) so elected officials could better understand construction trends and parking impacts.
Procedural action: Council moved to set ordinance 25-1014 for a public hearing and second reading on Monday, Feb. 2, 2026 at 7 p.m. in council chambers; the motion passed by roll call (5-0).
Representative quotations: "This ordinance essentially implements state law," Senior Planner Gutierrez said. Council Member Lopez asked that staff provide a permit-type breakdown by email: "I'm interested to know how many of these are JADU garage conversions and how many detached or attached ADUs."
What comes next: Staff will provide the requested permit breakdown and submit the ordinance packet for a second reading on Feb. 2, 2026. If adopted, staff said they will submit the ordinance to the California Department of Housing and Community Development within the required 60-day window as required by state law.
