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Staff presentation

Cotati City Council
December 10, 2024

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Staff presentation
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December 10, 2024
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City Council
Public Hearing
Accessory Dwelling Unit
Ordinance Update
Community Development
Department
December 10, 2024
Background
 State legislation to increase ADU development
by reducing local control began in 2016
 City adopted first ADU ordinance in 2020;
mirrored State law
 Multiple changes in state law = Cotati’s ADU
ordinance is now inconsistent
 More updates to state ADU law are likely, meaning:
Increasing inconsistency of City ordinance
More staff and decisionmaker time devoted to
regular updates of ordinance
 Adopting a revised, simplified ADU ordinance may
alleviate this
State ADU law changes since 2020
 Lowest allowable height limit is 18’ for detached
ADUs within ½ mile of SMART or on MF properties
 Lowest allowable height limit 25’ for attached ADUs
 Front setback requirements may no longer preclude
a detached 800 sqft ADU on any property
 3 ADUs allowed per SF property: 1 JADU,
1 “interior” ADU, and 1 detached ADU of up
to 800 sqft
 Amnesty for unpermitted/nonconforming ADUs
 Owner occupancy no longer mandatory
 Stricter timelines for City approval
State ADU laws changing Jan 1, 2025
 SB 1211
Raises number of detached ADUs on
existing multifamily properties from 2 to 8
Uncovered offstreet parking spaces
removed for ADU development do not
need to be replaced
 AB 2533
Extends unpermitted amnesty to JADUs
Changes construction cut-off date for
amnesty from Jan 2018 to Jan 2020
What DOES State Law Allow City to Regulate?
 Limits on ADU size
 May limit to 50% of sqft of primary
dwelling (to 800 sqft)
 May limit studio or 1br ADUs to 850 sqft;
2+ br ADUs to 1,000 sqft
 May set maximum cap of 1,200 sqft for all ADUs
May cap ADUS at 2 stories
 May regulate parking in setbacks
 May set minimum rental period of 30 days
 Setbacks and heights—within strict state limits
 These are objective standards for review purposes
Recommended Approach
 Repeal existing ordinance
 Adopt a new, streamlined ordinance
 Only includes standards over which the City
has some control or are legally necessary
 Simplified ordinance more likely to remain
current as State ADU law changes over
time, easier to update when needed
 Handout summarizing all state and City ADU
standards—can be updated at any time
Proposed Ordinance Update
 Reference to state ADU law as basis
 Confirmation of ministerial, non-discretionary review Discretionary design review would be available for
ADUs that do not meet state law
 Limit ADUs in front setback to 800 sqft
 Square footage limits as allowed by state law
Proposed Ordinance Update
 Setbacks and heights as allowed by
state law
 Two-story height limit
 Minimum 30-day rental
 Definition amendments:
ADUs are not included in unit count,
density calculation, or site coverage
ADUs do not classify a single-family
property as multifamily
Potential Policy Changes for Ordinance
 Height of Detached ADUs
Maximum is 16’ if located in side or rear
setback (up to 4’)
Except within ½ mile of SMART or on
multifamily property—then 18’
Make height limit 18’ for all citywide?
 Parking
City can require 1 space per ADU
Except within ½ mile of transit and JADUs
Remove parking requirement citywide?
Planning Commission Recommendation
 Public hearing on November 18, 2024
 Unanimous recommendation of new
ADU ordinance
 Including consistent 18’ height limit
for all detached ADUs and removal of
parking requirement
Recommendation
The Community Development
Department recommends that the
City Council hold a public hearing
and introduce an ordinance amending
Title 17 (Land Use) of the CMC in
accordance with State law by
repealing and replacing Section

17.42.170 and amending Chapter

17.90. Questions?

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