Lincoln council adopts ADU ordinance to align municipal code with state law
Loading...
Summary
The Lincoln City Council on July 9 adopted an ordinance amending the city code on accessory dwelling units (ADUs) to comply with California law, shortening review timelines, clarifying JADU rules and removing local parking requirements for ADUs as required by state statutes.
The Lincoln City Council on July 9 voted unanimously to adopt an ordinance amending the municipal code to implement state ADU rules, citing a staff recommendation that the changes bring the city's zoning into compliance with recent state requirements.
Senior planner Efren Sanchez told the council the draft ordinance standardizes terminology, shortens review times and clarifies where ADUs and junior ADUs (JADUs) are allowed. "The draft ADU ordinance provides a universal name change from secondary dwelling units to ADUs," Sanchez said, and noted the proposed maximum administrative review time would drop from 120 days to 60 days.
The ordinance clarifies that ADUs may be detached, attached or conversions of existing permitted space, and that JADUs are limited to 500 square feet and require owner occupancy either in the JADU or the primary dwelling, consistent with state law. Sanchez also noted that, "Per state law, cities and counties cannot require additional parking." The staff report said some fees change only marginally due to a 3.67% CPI adjustment across the master fee schedule and that a broader cost‑allocation study is planned next fiscal year.
Council members asked whether ADUs still require city permits; Sanchez said permits and building inspections remain required even where state law limits local regulation. Council members also raised concerns about homeowner association restrictions; staff cited the relevant state statute that can preempt certain HOA provisions. Fire and safety questions were raised about reduced setbacks and a four‑foot separation for detached ADUs; council members said they'd review fire department input on safe access.
No members of the public spoke during the hearing. After council discussion the ordinance was moved, seconded and approved in a recorded vote with Council member Andrea, Council member Brown, Council member Joiner and Mayor Carl Skint voting yes. The council directed staff to proceed with the municipal code amendments as drafted and to bring associated implementing materials back to the city clerk for codification.
The city plans a comprehensive master fee and cost‑allocation study in the coming fiscal year that will revisit fees and administrative processes related to development and permits.
