Novato has streamlined its approval process for building accessory dwelling units.

The City Council unanimously adopted code amendments Tuesday to reflect recent changes in state law and to make the process more efficient.

“The state Legislature’s continued interest in ADUs is based on increased volume of construction of these types of dwellings, stemming from recent legislative changes as well as complaints that local agencies continue to place impediments on ADUs in particular,” said Vivek Damodaran, a city planner.

The code was changed to require only a building permit for all accessory dwelling units. Previously, applicants had to get both a planning and building permit for certain accessory dwelling units. The two-step process did not give the city “greater control” over a proposed project because most development standards are set by state law, according to a city staff report.

“I was curious, on average what does the city charge on permitting fees for an ADU?” Mayor Tim O’Connor asked during the council meeting.

Staff said the city charges more than $800 for a planning permit fee, and estimated that building permit costs amount to roughly 1% of the overall cost to build the structure.

Secondly, Senate Bill 897 increased the height limit for accessory dwelling units to 16 feet for detached structures. The limit was increased to 18 feet if the ADU is within a walkable half-mile of a major transit stop or corridor, or if it’s a detached ADU on a lot with an existing or proposed multi-story, multi-family building.

For accessory dwelling units that are attached to a primary residence, the height limit is 25 feet or the height limit of the applicable zoning district, whichever is lower.

Councilmember Pat Eklund asked if the ADU could be two stories if the primary residence is only one level. Damodaran said it could if it’s under the 25-foot height limit.

Damodaran said the city’s housing element included a program to streamline ADU construction. He said accessory and junior accessory units will help Novato reach its state mandate to allow 2,090 new residences.

Other state-mandated changes include prohibiting the requirement of a front yard setback if it would prevent building an 800-square-foot accessory dwelling unit with 4-foot side and rear setbacks.

Novato also updated its amnesty timeline for unpermitted ADUs. Regulations previously barred 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. Assembly Bill 2533 amended this rule to include junior accessory dwelling units and changed the cutoff date to Jan. 1, 2020.