Sausalito set to amend accessory dwelling rules

Sausalito is preparing to update its rules on accessory dwelling units to conform with state law.

The Planning Commission voted unanimously on Dec. 11 to recommend the City Council approve the changes, which are mandated by Assembly Bill 2533 and Senate Bill 1211.

Current regulations bar cities from denying a permit for an ADU built before 2018 if the denial was based on the structure’s lack of compliance with building, state or local standards. AB 2533 amended this rule to include junior accessory dwelling units and changed the cutoff date to Jan. 1, 2020.

If correcting a code violation for health and safety reasons, then a city could require the owner to address specific concerns.

“They really narrowed the conditions under which the city can deny it,” said Kristin Teiche, a city planner. “They are really pushing us to approve these units if they can be done safely.”

State law bans a requirement that homeowners replace covered parking amenities, such as garages and carports, that were removed to build an ADU with off-street parking. SB 1211 amended this list to include uncovered parking spaces such as driveways.

Teiche said cities are required to incorporate these new laws into their codes.

“If they are not adopted by Jan. 1, 2025, then the state law supersedes our law, so we do have some urgency in trying to move forward on this,” Teiche said.

Teiche said the California Department of Housing and Community Development did not want the amendments to be customized to each city, and the language largely reflects the state law. She said the changes will make any future state law changes easier to incorporate into Sausalito’s municipal code.

Other changes included adding a definition of livable space and expanding the number of detached accessory dwelling units allowed on a multifamily property from two to eight.

Commissioners noted that the state’s definition of kitchen is vague, and directed staff to develop a clearer definition in collaboration with the state housing department.

“What it currently doesn’t tell us, is there a hotplate, is it a fixed cooktop, is it an oven?” asked David Marlatt, a planning commissioner. “I know these sound incredibly trivial, but even the building department doesn’t know what a kitchen is legally.”

The commission also removed a section regarding architectural requirements for ADUs because the requirements sounded subjective, like stating the roof needed to be similar to the main home.

The City Council will conduct a first reading of the ordinance changes at a meeting in January. The ordinance will take effect after the second reading.