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Commission sets multiple rezoning items for public hearing and discusses new statewide 'casita' law affecting accessory units
Summary
The commission set three rezoning items for future hearings (REZ935–REZ937) and discussed a new statewide law that will allow additional accessory dwelling units on buildable lots starting January 1, changing local regulatory authority and prompting updates to local rules.
At this meeting the commission set up three rezoning items for future public hearings and discussed a recently enacted statewide law (referred to in the transcript as the “Casita law”) that changes local regulation of accessory dwelling units (ADUs).
The items set for future public hearings are REZ935-25 (APNs 106-12-061B and 106-12-061C; 3 acres total; request by KMS Enterprises to rezone to RR single-family residential to obtain 20,000-square-foot minimum lots), REZ936-25 (APN 107-45-016; 1.1 acres; request by Joe Hernandez to rezone to RR for installation of a manufactured home at 1643 S Church Street), and REZ937-25 (APN 105-02-054; 3.5 acres; request by Leslie and Michael Orr to rezone a portion to RR to create one half-acre lot). Commissioners moved and seconded to set each item for the next meeting; motions carried on voice votes.
Planning staff briefed the commission on other recent actions and a new state law concerning accessory dwelling units. Staff said the law is statewide, takes effect January 1, and limits local restrictions: localities must allow detached and attached accessory units and, on lots over one acre, may be required to allow an additional detached unit. Staff said the law reduces local regulatory discretion on ADUs (setbacks and design matching may be limited) and that local rules will need to be adopted and enforced by the date the law takes effect. Staff noted implications for septic and fixture-count compliance to be determined by the health department and mentioned disputes over deed-restrictions and homeowners association rules in ongoing litigation.
Staff also summarized recent commission/BOS actions (approvals and withdrawals) and advised commissioners they will see future items returned for review as the new law and local rule-making proceed. The commission adjourned after completing the agenda.
