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Town of Fairfax
Accessory Dwelling Unit/
Junior Accessory Dwelling
Unit Code Amendments
Town Council
April 2, 2025
PUBLIC HEARING
Purpose and Need
• State Legislature passed two new bills in 2024 related to ADUs/JADUs — AB 2533 and SB 1211.
• State amendments effective January 1, 2025 supersede existing regulations.
• Administrative code updates are necessary to bring the Town Code into compliance with State Law and ensure consistency with California Government Code related to ADUs and JADUs.
• Various editorial revisions are necessary to ensure clarity.
Recommended Actions
1. Conduct a public hearing
2. Waive first reading and introduce an ordinance amending Chapter 17.048: Residential Accessory Dwelling Units and Junior Accessory Dwelling Units of the Town of Fairfax Municipal Code.
AB 2533 Overview
1. Expands amnesty for unpermitted ADUs from:
• built prior to, Jan. 1-2018; to
• built prior to Jan. 1-2020.
2. Requires Town to provide applicants with a checklist of substandard building conditions.
3. Homeowner may obtain a confidential third-party inspection.
4. Local agency reviews for compliance with health and safety standards (full compliance with building code may be delayed for 5 years).
5. Prohibits penalties for unpermitted units.
SB 1211 Overview
1. No replacement parking required for elimination of uncovered, offstreet parking spaces.
2. Adds a new definition “livable space,” which means “space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.”
3. Allows up to eight detached ADUs on a lot with an existing multifamily dwelling, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less.
4. Clarifies that local agencies are not permitted to apply objective development standards on "state-exempt" classes of ADUs (when only a ministerial building permit required)
Planning Commission Hearing
The Commission had concerns, which have been grouped into three categories:
1. Clarifications made based on Commission input:
• Definitions
• Where ADUs are permitted (e.g. zoning districts)
• Development standards (e.g. height, setbacks)
• The minimum rental term clarified: 31 days or longer
• Enforcement mechanism clarified for the rent reporting requirements
2. Added objective design standards for: colors and materials (must match); “dark sky”
3. Expressed concerns related to structures built without permits (AB 2533):
• Town must approve if meets health and safety standards • 5-year time period is allowed to bring up to code (unless hazardous) Correction
• State Law doesn’t permit
jurisdictions to impose size limits
for ADUs / JADUs created
through conversion of existing
space.
• Correction required
• Size limits apply to new
structures
Next Steps
• Planning Commission Adopts Resolution
• Town Council Hearing (first reading)
• Town Council, second reading of ordinance
• Effective 30 days after adoption
March 10
April 2
May 7
June 6
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Questions and
Discussion