Cotati planning commission recommends ADU code changes to conform with new state laws

The Cotati Planning Commission voted to recommend that the City Council adopt an ordinance amending municipal code section 17.42.170 to conform with recent state changes affecting accessory dwelling units (ADUs) and junior ADUs (JADUs).

City community-development staff told commissioners the changes are required to reflect new state laws and to incorporate comments from the California Department of Housing and Community Development (HCD). "Owner occupancy is no longer required unless the JADU has shared bathroom facilities with the primary unit," staff said in the presentation, noting AB 1154 and related statutes took effect Jan. 1 and require specific code updates.

The staff presentation described multiple concrete changes: a 30-day minimum rental term for JADUs (matching an existing city requirement for ADUs), a requirement to submit adopted or updated ADU code to HCD within 60 days (SB 9) or risk the ordinance being void, a shift from measuring gross floor area to interior living area (SB 543), a clarified 15-day completeness/permit response timeline, and HCD's direction that local zoning standards must not be applied where they conflict with state ADU law.

Commissioners asked technical questions about second-story ADUs, height limits and how many ADUs the city has permitted; staff said about five ADUs were built in Cotati last year and reiterated that the proposed ordinance largely brings the code into statutory alignment. After discussion a commissioner moved to recommend adoption of the ordinance and the commission approved the motion; commissioners present voted aye to forward the recommendation to the City Council.

Next steps: the Planning Commission's recommendation will be transmitted to the City Council for consideration of the proposed ordinance.