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Cotati regulates ADUs with state law

By: Irene Hilsendager
February 28, 2020

The City of Cotati held its council meeting Tuesday evening to adopt amendments to title 17 of the Cotati Municipal code to regulate accessory swelling in accordance with the state law by repealing and replacing section 17.42.170 for second units and amending allowable land uses, streetscape stands, parking, loading and growth managements.

The Cotati City Council finds that compliance with the California Environmental Quality Act exempts adoption of an ordinance regarding ADUs in a single family or multifamily residential zone by a city or county to complement the provisions of Section 65852.2 of the Ca. government code.

All ADUs and JADU shall be subject to the following standards: One ADU and or one JADU may be developed on a residentially zoned parcel with a proposed or existing single-family dwelling. Not more than two detached ADUs may be located on a lot with an existing multifamily dwelling. The detached ADUs shall not exceed 16 feet in height and shall be setback at least four feet from the side and rear property lines. Multiple ADUS may be developed within portions of existing multifamily structures that are not used as livable space, including storage rooms, passageways, attics, basements or garages, if each unit complies with state building standards for dwellings. The number of ADUs allowed within existing multifamily structures is limited to 25 percent of the existing number of units on the property, except that at least one is allowed.

Any ADU or JADU may be rented separately from the primary residence but shall not be sold independently of the primary residence except as provided for in Section 65852.26 of the California Government Code. Any ADU/JADU shall not be rented for less than 30 consecutive days and owner-occupancy or its primary residence is not required.

ADUs/JADUs are not required to install fire sprinklers if they are required for the primary residence. A permit application for an ADU/JADU shall be approved within 60 days from the date the city receives a completed application if there is an existing single-family dwelling on the lot.

No setbacks shall be required for a legally existing living space, garage or accessory structure which is fully or partially converted to an ADU or for a structure constructed in the same location and to the same dimensions as a legally existing living area, garage or accessory structure which is fully or partially converted to an ADU.

The lateness of the meeting was most confusing as the city council should split their agenda in half in order to allow citizens to attend a full meeting. One gentleman sat for two hours waiting to speak at the most three minutes; probably more Cotatians would attend a council meeting.