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?