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Planning commission recommends City Council update ADU rules to match new state law
Summary
The Planning Commission voted to recommend ZTA 26-01 to align South El Monte’s accessory dwelling unit (ADU) rules with recent state laws (AB 462, AB 1154, SB 9, SB 543), changing owner-occupancy rules, permitting timelines, ADU counts and fee exemptions. Assistant Planner Charlize Hernandez presented the changes and said staff recommends adoption.
The South El Monte Planning Commission voted to recommend that the City Council adopt zone text amendment (ZTA) 26-01, amending SEMMC Chapter 17.12 to conform local ADU regulations with recently enacted state laws.
Assistant Planner Charlize Hernandez told commissioners that several bills that took effect in 2025 or on Jan. 1, 2026, require local code changes, including AB 462, AB 1154, SB 9 and SB 543. She described changes that affect issuance of certificates of final occupancy for detached ADUs in limited emergency circumstances, elimination of an owner-occupancy requirement for junior ADUs when they have separate bathroom facilities, clarified size and counting rules that can allow additional ADUs on single-family lots, and new timelines and penalties tied to submittal to the California Department of Housing and Community Development (HCD).
"So overall the amendments are intended to implement changes necessary to bring the municipal code back into compliance with state of California laws regarding regulation of ADUs," Assistant Planner Charlize Hernandez said.
Commissioners asked about processing times and enforcement. Staff said planning reviews typically take a few days to a week depending on applicant responsiveness, building plan check initial review is about 30 days with a roughly 15-day turnaround for resubmittals, and that code enforcement monitors short-term rental platforms and issues notices if violations are found. Staff emphasized that the city retains some local maximums (for example, a local detached-ADU maximum of 1,000 square feet) while implementing the state's minimums.
The commission moved and approved Resolution No. 26-05 recommending the City Council adopt ZTA 26-01; a roll-call vote passed. The recommendation will be forwarded to the City Council for final action and to HCD as required.
