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Planning Commission recommends ADU ordinance changes to comply with new state law; motion carries
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Summary
The commission held a public hearing on ordinance amendment 26‑01 (Ord. 26995) to update ADU/JADU rules to reflect SB 543 and AB 1154, debated fee wording, measurement and setback questions, and voted to adopt a resolution recommending the clause edits to the city council; staff will resubmit a consolidated version to HCD.
The Fillmore Planning Commission opened and closed a public hearing on a zoning ordinance text amendment (26‑01) — codified as Ordinance 26995 in staff materials — to align local accessory dwelling unit (ADU) and junior ADU (JADU) rules with recent state law changes (identified in staff comments as SB 543 and AB 1154).
Planner Brian summarized the updates: multifamily lots may combine a converted ADU and a detached ADU; single‑family lots may host a converted ADU plus a JADU plus a detached ADU; JADUs are limited to 500 square feet and are barred from short‑term rentals under 30 days. Staff reiterated the city's existing practice that ADUs under 750 square feet and JADUs under 500 square feet are exempt from development impact fees.
On definitions and measurement, Brian said interior livable space is defined in the ordinance's definitions (page 13) and confirmed that stairs are counted once and mechanical/MEP closets are excluded from the livable‑area calculation. He also explained that the ordinance mirrors state law language allowing replacement of an existing legally constructed structure within the same footprint without imposing a new 4‑foot side/rear setback; staff said that condition applies only where the original structure was legally constructed and existed at the time of application.
Commissioners pressed on several points: one member asked whether the "or" phrasing copied from state law ("ADU or JADU") could be misread in the local code and suggested clearer wording; another raised safety and service‑capacity concerns (fire access, parking) if ministerial approvals increase density; yet another asked how a 30‑day minimum rental limit for JADUs would be enforced (staff said enforcement is complaint‑driven and requires evidence before code action). Brian told the commission staff would combine prior edits and the new changes into a single resubmittal package to HCD to avoid split reviews.
A motion to adopt resolution 26‑1067 (recommending approval of ordinance amendment 26‑01 and a finding of CEQA exemption) with the edits to section 7(a) and minor technical fixes was made, seconded and carried with no recorded opposition. The commission directed staff to reflect the clarified fee language and minor strikeout/typo fixes in the consolidated submittal to HCD, and the recommendation will move to the city council for final action.
"We can come up with kind of a short list of common questions like that," Brian said when commissioners suggested concise public guidance on permits. The commission adjourned and will reconvene on May 20 at 6:30 p.m. in Council Chambers.
