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Crescent City introduces ADU ordinance to align local code with state law
Summary
City Attorney Rice and contract planner Ethan Lawton told council the proposed ordinance updates Chapter 17.35 to match recent state recodification of ADU rules; the council unanimously introduced Ordinance No. 859, which will be sent to the state for review before final adoption.
The Crescent City Council on Nov. 3 moved to introduce by title Ordinance No. 859, an update to Chapter 17.35 of the municipal code to bring the city’s accessory dwelling unit regulations into alignment with recent state changes.
City Attorney Rice said the update mainly corrects cross-references after the state recodified ADU provisions into a new Government Code section and incorporates new or revised definitions such as junior ADU, livable space and efficiency units. The staff report and planner materials were prepared with assistance from Ethan Lawton and SHN and will be sent to the Department of Housing and Community Development for review after introduction.
Ethan Lawton, the city’s contract planner (joining via Zoom), explained key substantive changes described in the state law: (1) modified setback and height rules in limited instances such as within a half-mile of a major transit stop; (2) expanded allowances that let existing multifamily properties add detached ADUs up to a cap framed by the number of existing units (for example, an eight-unit building could add up to eight detached ADUs but a duplex would be capped at two); and (3) the state’s approach removes most off-street parking requirements to prioritize housing supply.
Lawton said the state’s policy enforcement branch contacted the city and asked that the ordinance be updated by year-end; he warned that noncompliance could lead to fines, complications with the city’s pro-housing designation and affect certain funding. Councilors who questioned parking and potential short-term rental use were told the city’s current code requires ADUs be used as long-term rental housing unless the council changes the chapter.
After discussion, Councilor Isaiah Wright moved to waive full reading and introduce Ordinance No. 859; the motion passed unanimously and the ordinance will return for adoption at a future meeting.
Next steps: Staff will transmit the introduced ordinance to the Department of Housing and Community Development for review and bring a final adoption item back to council before year-end.
