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Planning commission recommends ADU ordinance changes to comply with new state law
Summary
The commission unanimously recommended that the city council adopt amendments to Chapter 16.227 to implement AB 2533 and SB 1211, clarifying JADU rules, parking replacement limits, livable-space definitions and procedural options for applicants.
The Santa Paula Planning Commission voted unanimously to recommend that the City Council adopt an ordinance amending Chapter 16.227 (Accessory Dwelling Units and Junior ADUs) so the city code aligns with recent state changes under AB 2533 and SB 1211.
Staff explained that AB 2533 and SB 1211 (effective Jan. 1, 2025) expand state limits on local authority, including changes to the regulation of junior ADUs, the cutoff dates for legalization of unpermitted units, and restrictions on requiring replacement parking when an uncovered space is demolished or replaced by an ADU. Staff said the proposed ordinance is statutorily exempt from CEQA under Public Resources Code §21080.17 and recommended the Commission adopt a resolution recommending council action.
Commissioners discussed wording that, as written in the model code, says a JADU may be created on a "lot zoned for single-family residences," and raised concerns that the phrasing might be read to exclude single-family houses located in non-R1 zones (for example, single-family houses on lots zoned R2, R3 or some commercial zones). Staff and legal counsel said the model code follows government code language and that commissioners may suggest clarifying language for the council packet and accompanying handouts; staff agreed to reconcile the wording with their legal firm prior to council consideration.
Other changes discussed included deed restrictions (recommended by the city's legal counsel as optional language), minimum interior dimensions and height/story limitations. Commissioner Keith Sweater moved to recommend the ordinance as presented; Auger seconded; the roll call vote was unanimous.
