COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Chenin Dow, Community Development Director
DATE: October 21, 2025
SUBJECT: Approval of an Ordinance Amending Title 12 “Zoning,” Chapter 12-56 “Accessory Dwelling Units” of the City of Santa Maria Municipal Code
Description:
The City Council will con sider the adoption of an Ordinance amending Title 12 – Zoning, Chapter 12-56, Accessory Dwelling Units, of the City of Santa Maria Municipal Code.
Environmental Notice: The proposed Zoning Text Amendments are statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) per Public Resources Code Section 21080.17 and by Government Code Section 66499.41(i).
RECOMMENDATION:
1. Waive the first reading and introduce an Ordinance Amending Title 12 “Zoning,” Chapter 12-56 “Accessory Dwelling Units” of the City of Santa Maria Municipal Code; and
2. Set for adoption at the next regular City Council meeting.
BACKGROUND:
The proposed Zoning Text Amendments modify the City’s Municipal Code to comply with current State legislat ion for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) and to opt out of permitting ADUs or JADUs on parcels created through the Starter Home Revitalization Act of 2021. Specifically, Assembly Bill 2533, Senate Bill 1211, 1123, and 1077 which each took effect on January 1, 2025, and Senate Bill 477 which became law in March 2024. A summary of the proposed text amendments is included below. The Planning Commission re viewed this item on June 4, 2025, and September 3, 2025, where the proposed Ordinance Amendments were recommended for approval to the City Council. The following is a summary of the proposed Ordinance Amendments to Title 12, Chapter 12 -56 “Accessory Dwelling Units” of the City of Santa Maria Municipal Code.
Detached ADUs on Lots with an Existing Multi-Family Dwelling Under Senate Bill 1211, the numb er of detached ADUs on a lot with an existing multi - family dwelling is increased from two ADUs to a maximum of eight ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. Lots that propose new multi-family dwelling units remain limited to a maximum of two detached ADUs.
Separate Conveyance of ADUs & JADUs
The proposed amendments clarify that, except as provided in Government Code Section 66340 et seq., no ADU may be sold or otherwise conveyed separately from the lot and the primary dwelling(s). JADUs may not be sold or otherwise conveyed separately from the primary residence.
Non-Conforming Zoning Conditions, Building Code Violations & Unpermitted Structures Under Assembly Bill 2533, local agencies are prohibited from denying a permit to legalize an unpermitted ADU or JADU that was constructed before January 1, 2020, and is in violation of building standards or state or local standards applicable to ADUs. An exception to this requirement is if the local agency mak es a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard (Section 17920.3 of the Health and Safety Code). Local agencies are also prohibited from penalizing an application for having the unpermitted ADU or JADU, and it requires local agencies to approve permits to correct noncompliance with health and safety standards. Section 12-56.07 has been revised to reflect these requirements.
Lots Created through the Starter Home Revitalization Act of 2021 Senate Bill 684 (SB 684) which became effective in 2024, requires local agencies to ministerially consider (no discretionary review or a hearing ) subdividing existing parcels for certain housing development projects on multi-family zoned properties resulting in 10 or fewer parcels and a corresponding number of residential units (one per new lot).
Senate Bill 1123, which became effective July 1, 2025, expands SB 684’s application to legalize up to 10 parcels, and one home on each lot, on vacant single-family lots. Both Senate Bills amended Government Code Section 66499.41, known as the Starter Home Revitalization Act of 2021. Per subsection (g) of that Government Code Section, the City of Santa Maria has the option of permitting an ADU or JADU on parcels created through the Act. The modified Text Amendment will document the City’s choice to opt out of permitting an ADU or a JADU on parcels created through the application of the Act.
State Reorganization & Renumbering
Senate Bill 477 reorganized various provisions relating to the creation and regulation of ADUs and JADUs, which resulted in a renumbering of State ADU and JADU regulations.
The proposed ordinance therefore replaces all references to prior State law code sections with the current sections.
Within 60 days following the adoption of the amended Ordinance by the City Council, the city is required to submit the adopted Ordinance to the California Department of Housing and Community Development (HCD) for review. The City is required to respond to any questions or comments received following review by HCD within 30 days.
ATTACHMENT(S)
A. Ordinance