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Council introduces ADU and SB 9 updates to inland zoning to align with state law
Summary
City planning staff presented amendments to Eureka's inland zoning code to reflect state ADU and SB 9 law, including relaxed parking replacement rules, amnesty for pre‑2020 unpermitted ADUs and optional condoization; council introduced the ordinance on first reading (4–0).
The Eureka City Council introduced on first reading an ordinance to amend the city’s inland zoning code to align with recent state rules governing accessory dwelling units (ADUs) and Senate Bill 9.
Director Kenyon told council that SB 9, effective Jan. 1, 2023, requires cities to allow up to two primary homes on single‑family lots and to administratively approve qualifying lot splits. The proposed amendments add state‑required provisions, expand ADU allowances in some multifamily settings (potentially up to eight detached ADUs where an equivalent number of primary units already exists), and adopt state amnesty rules allowing legalizing certain pre‑2020 unpermitted ADUs if they meet minimum habitability standards.
Kenyon noted state law now bars local requirements to replace parking lost to ADUs, clarified amnesty provisions and offered the optional provision to allow primary units and ADUs to be sold separately as condominiums. The Planning Commission recommended approval (3–0). Council voted 4–0 to introduce the ordinance by title; adoption is expected at a subsequent meeting.
The code update is intended to keep Eureka eligible for state programs, to reduce barriers to housing production where state law requires changes, and to prepare the city for a regional housing needs allocation that calls for substantial new units.
Next steps: staff will bring the adoption ordinance back at a future meeting after required notices and CEQA considerations.
