Commissioners discuss changing ADU rules as state guidance evolves

Commissioners discussed recent accessory dwelling unit (ADU) construction in neighborhoods and whether those units comply with state ADU standards adopted since permitting. Commissioner Hillacre asked whether ADUs that recently finished in his neighborhood were built under older local rules or under the new state-adopted standards.

Craig Schlatter, the community development director, told the commission that state ADU guidance has been changing frequently and that the city modified its ADU ordinance earlier in the year to reflect state direction. Schlatter said the units in question were permitted “in full compliance with whatever the regulations were at that time” and that “they likely have changed since that time.”

Why it matters: ADU rules affect housing availability, zoning compliance and permit processing for residential properties. Changes to state law can alter development rights and local standards for setbacks, parking and ministerial vs. discretionary review.

Discussion points: Commissioners sought clarity on which rules applied to completed ADUs (the city answered they were permitted under the regulations in force at time of permitting) and noted the state’s standards are still evolving. Schlatter said the city updated its ordinance earlier in the year and that the state provided additional comments after the city submitted its ordinance for review.

No formal action: Commissioners did not take a formal vote on ADU regulations at the July 25 meeting. Schlatter said staff could provide more detailed follow-up on which specific state statutes or guidance documents had changed and whether any already-built units might require adjustment under new rules.

Next steps: Director Schlatter offered to return with the precise legal citations and any implications for recent permits at a future meeting.