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CITY COUNCIL AGENDA PACKET
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2025
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CITY COUNCIL AGENDA PACKET
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8/13/2025 2:43:51 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/18/2025
DESTRUCT DATE
15Y
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Page 2 of 5 <br />18.46,18.84, and 18.106 to implement State law, and in May 2024 Ordinance 2277 was <br />adopted to revise Chapter 18.106 to comply with new State law. <br /> <br />SB 1211 <br />SB 1211 was signed into law in September 2024 and was effective on January 1, 2025. The <br />bill’s major provisions address requirements for replacement parking and modify existing <br />provisions regarding ADUs in multi-family properties, including conversion of existing space, <br />and the number of allowable ADUs (see Discussion section below). <br /> <br />AB 2533 <br />AB 2533 was signed into law in September 2024 and was effective on January 1, 2025. The <br />bill addresses legalization of unpermitted ADUs and JADUs that were constructed before <br />January 1, 2020 (see Discussion section below). <br /> <br />AB 1033: Separate Conveyance of ADUs <br />Among the more recent changes to State law was AB 1033, which permits local agencies to <br />allow ADUs to be sold separately (“separately conveyed”) from the lot’s primary dwelling if <br />certain conditions are met. At its September 11, 2024 meeting, the Planning Commission <br />discussed the separate conveyance of ADUs, and expressed some, although not unanimous, <br />interest in pursuing the concept. While recognizing that separate conveyance might encourage <br />ADU production by allowing homeowners to receive more economic benefit when investing in <br />construction of an ADU, the report also noted concerns about potential complexities when <br />separately conveyed ADUs are part of a Homeowners Association (HOA), and subject to HOA <br />rules and requirements. The City Council also discussed this topic as part of a discussion on <br />October 15, 2024, and expressed an interest in further exploration of the topic. <br /> <br />DISCUSSION <br />SB 1211: Summary of Requirements and Proposed PMC Amendments <br />SB 1211 includes the following key provisions: <br /> <br />Replacement Parking: Existing Government Code section 66314(d)(11) prohibits local <br />agencies from requiring off-street parking spaces to be replaced when a garage, carport or <br />covered parking structure is demolished in conjunction with the construction of, or <br />conversion to, an ADU. SB 1211 amends this subsection to also prohibit local agencies <br />from requiring replacement parking when an uncovered parking space is demolished for or <br />replaced with an ADU. <br /> <br />Multifamily ADUs: Existing Government Code section 66323(a)(3)(A), requires local <br />agencies to ministerially approve qualifying building permit applications for ADUs within <br />“portions of existing multifamily dwelling structures that are not used as livable space, <br />including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, <br />or garages ….” The term “livable space” is not defined by State ADU law. SB 1211 adds a <br />new definition for “‘livable space", which means a space in a dwelling intended for human <br />habitation, including living, sleeping, eating, cooking, or sanitation.” <br /> <br />SB 1211 also increases the quantity of detached ADUs that lots with an existing multifamily <br />dwelling can have. Currently, Government Code section 66323(a)(4)(A) permits lots with an <br />existing or proposed multifamily dwelling to have up to two detached ADUs. SB 1211, <br />allows lots with an existing multifamily dwelling to have up to eight detached ADUs, or as <br />Page 67 of 348
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