ADU standards aligned with new state laws, property annexed into Community Facilities District, and oak tree removal OK’d
PASO ROBLES — Three public hearings were held Tuesday night, Nov. 5, regarding dwelling units in the city and amendments to the Olsen/South Chandler Ranch Plan. Council approved the update of local regulations for ADUs (Accessory Dwelling Units) to be in compliance with state laws that will take effect in the new year.
This year, California approved two new bills — AB 2533 and SB 1211 — that further amend state ADU law.
AB 2533 expands current California law by prohibiting cities from denying permits to legalize unpermitted ADUs and now also JADUs (Junior Accessory Dwelling Units) built before Jan. 1, 2020, based on non-compliance with building standards. Previously, cities could deny legalization if it was necessary for public or occupant health and safety, but AB2533 replaces this with a stricter requirement: local agencies must now show that legalization issues must be corrected to meet substandard building standards as defined in Health and Safety Code section 17920.3. This bill aims to simplify ADU and JADU legalization.
SB 1211 updates California law by broadening parking and ADU regulations. First, it prohibits cities from requiring replacement parking when any type of parking space (covered or uncovered) is removed for ADU construction. Second, it clarifies “livable space” within multifamily dwellings, defining it as areas intended for habitation, like living, sleeping, and cooking spaces. SB 1211 also increases allowable detached ADUs on lots with existing multifamily buildings, permitting up to eight or matching the number of primary units, whichever is less. The law, however, maintains the two-ADU cap for lots with proposed (but not yet existing) multifamily buildings.
The ADU regulations were approved with a 4-1 vote with Councilmember Chris Bausch voting no because of “opposition to state regs.”
The second hearing included a unanimous approval to “annex certain territory to Community Facilities
District No. 2022-2N (Olsen/South Chandler Ranch – Services) and to authorize the levy of a special tax.”
The project’s property owner, Vindeo II, LLC, requested the annexation of the property into the district. With this expansion, the property tax will help fund roadways, parks, police protection, fire services, and other community needs. A public hearing and election for the annexation will be held on Dec. 17.
The final public hearing included another unanimous approval of an amendment to the tentative tract map 3149 within Planning Area 9 of the Olsen South Chandler Specific Plan. The amendments included boundary adjustments requested by the property owners.
The final decision the council made Tuesday night included the unanimous approval to remove one declining oak tree from a residential property. The 102-inch diameter five-stemmed live oak tree on 12th Street was deemed necessary due to its declining health, causing potential hazards. City regulations require a 25 percent diameter replacement, meaning the property owner is required to plant four new oak trees to compensate for the loss of the existing oak tree.
The next Paso Robles City Council Meeting is scheduled for Tuesday, Nov. 19, 6:30 p.m.
