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Accessory-structure zoning changes fail first reading after council split and public debate
Summary
Councilors split 3–2 on an ordinance to amend Orland's zoning code for accessory structures, leaving proposed changes on hold after residents and councilors raised design, privacy and streetscape concerns.
An ordinance to amend Orland’s zoning code on accessory structures failed on first reading Tuesday after extended public and council discussion about setbacks, roof pitch, height and potential impacts on neighborhood character.
The Planning Commission recommended changes intended to align accessory structure rules with state accessory dwelling unit (ADU) law and to remove prohibitions on electrical service and plumbing in accessory structures, citing fairness and yard-use consistency. Planning staff described proposed changes including a reduced rear-yard setback of four feet (matching ADU standards), an increase in permissible accessory height from 15 to 25 feet, and allowing accessory structures to be placed at the same front setback as the primary building.
Planning Director Scott (staff) said the code has not been amended in many years and that the proposed revisions were intended to remove anomalies that let an ADU be built close to property lines while restricting ordinary accessory uses such as a shed with electricity.
Council members and several public commenters expressed a mix of support and concern. Supporters said the changes would reduce permitting friction and allow homeowners to add functional space such as covered trailer storage or workshops. Opponents, including several neighbors, said the rules could allow two‑story accessory buildings close to property lines and might enable future conversion to rental units; one resident said the change could let a “two‑story house in the backyard” that would overlook neighbors.
After discussion the council considered a motion to adopt the first reading of the ordinance. The roll call produced three “no” votes and two “aye” votes; the motion failed by a 3–2 margin. Council Member McDermott and Vice Mayor Toll voted in favor; Council Member Barr, Council Member Smith and Mayor Romano voted against the measure.
Council members requested additional visuals and examples showing how the proposed 25‑foot height and reduced setbacks would appear in typical local lots, and some asked staff to return with amended language or graphics addressing roof pitch, garage placement relative to the house, and protections for neighbors’ light and privacy.
Why it matters
The current Orland code dates from the early 2000s and contains limits—such as restrictions on electrical service in accessory buildings—that staff and the planning commission said have become incongruous with state ADU rules. Council’s rejection of the proposed first reading preserves the existing rules until staff returns with revisions, leaving the status quo in effect.
What’s next
Planning staff said they will bring the item back for further council direction, potentially with graphics, revised setback language or additional exemptions to clarify permitted uses. The planning commission recommendation and CEQA exemption (Guidelines §15061(b)(3)) remain part of the record.
