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Fortuna introduces revised ADU ordinance to align with state law; council continues hearing
Summary
Council introduced Ordinance 2026‑782 to repeal and replace local ADU rules to ensure compliance with frequent state changes. Staff recommended a streamlined approach referencing state code; public comment raised concerns that ADUs are not necessarily affordable.
City planning staff presented a proposed ordinance (Ordinance 2026‑782) to replace the city’s existing accessory dwelling unit (ADU) regulations with a streamlined, state‑compliant code that references the California Government Code sections implementing ADU law. Staff said state ADU law has changed frequently and that HCD now has enforcement authority; they recommended striking the local ADU code and pointing applicants to state law to avoid conflicting local requirements and improper denials or delays.
Staff explained proposed clarifications including: definitions that distinguish pre‑existing second residential dwellings from ADUs and junior ADUs; updated owner‑occupancy rules for junior ADUs and those that share sanitation facilities; a prohibition on using ADUs or junior ADUs as short‑term rentals where the ordinance specifies that restriction; and applicability of a CEQA statutory exemption for ordinances implementing ADU law. The Planning Commission had been noticed and voted unanimously to recommend the proposed ordinance without modifications.
During public comment, resident Orville Garrison said ADU growth has not produced affordable units for people in need and warned the council to keep affordability concerns in mind even as it pursues state‑law compliance. After public comment council moved to introduce Ordinance 2026‑782 (first reading read by title only) and continued the public hearing to the council’s next regular meeting for second reading and adoption.
