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Ross council introduces ADU ordinance changes to align with state law, waives first reading
Summary
Council introduced Ordinance 7-27 to amend the Ross Municipal Code on ADUs and JADUs to conform with recent state law changes (height limits, number limits, ministerial review timing and an amnesty for some pre-2018 unpermitted ADUs) and directed staff to return for a second reading after the town attorney resolves a foundation-rule question.
The Ross Town Council voted to waive the first reading and introduce Ordinance 7-27, amending Ross Municipal Code chapter 18.42 to bring local accessory dwelling unit (ADU) and junior ADU (JADU) rules into conformance with recent state statutory changes.
Planning Director Roberta Feliciano summarized the changes recommended by the State Department of Housing and Community Development (HCD), including higher allowed ADU heights in proximity to major transit, the ability for homeowners to have a combination of one conversion ADU, one detached ADU and one JADU, and a 60-day deadline for the town to approve or deny a complete ADU/JADU application. Feliciano also noted an amnesty provision in the draft ordinance prohibiting denial of certain unpermitted ADUs constructed prior to Jan. 1, 2018 unless correction is required to protect health and safety.
Town Attorney Ben Stock told the council his office received a late comment letter from an advocacy group and had reviewed it; he recommended the council move forward but have the town attorney verify whether a proposed foundation requirement is preempted by state law before the second reading. Stock suggested the council's motion make clear that the attorney will strike the provision if preempted.
Councilmember Robbins moved to waive first reading and include the attorney's caveat; the motion was seconded and approved by a 5-0 vote. Staff will return with the ordinance for second reading and adoption on Nov. 14, 2024, with any necessary edits to the foundation provision prior to that meeting.
Speakers quoted in this report appear in the transcript and are included in the meeting record.
