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Eastvale council adopts ADU code amendments to align with state law; members voice frustration
Summary
The Eastvale City Council unanimously approved amendments to the municipal code to comply with recent state accessory dwelling unit (ADU) laws, adding timing requirements for approvals, clarifying ADU types and sizes, and allowing up to eight detached ADUs on certain multifamily lots; council members said the changes limit local control but noted the city must comply.
The Eastvale City Council voted unanimously to adopt amendments to the city’s municipal code intended to bring local accessory dwelling unit (ADU) rules into conformity with recent state law changes.
David, a city staff member who presented the ordinance changes at the public hearing, said the package clarifies state code references and implements statutory timeframes: "new ADUs and junior ADUs, the applications must be approved or denied within 60 days of receipt of a complete application or concurrent with the approval of a building permit," he told the council. The proposal also distinguishes converted, attached and detached ADUs and updates size limits for single-family properties (850 square feet for a studio or one-bedroom ADU; 1,000 square feet for two bedrooms or more).
The amendment incorporates several elements staff said are required under state law: revised cross-references to California Government Code provisions, a waiver of impact fees for previously unpermitted ADUs constructed before 2020 (noted by staff as not significant in Eastvale), and a provision barring the city from denying an ADU application because of unrelated prior unpermitted structures on the same property.
On multifamily parcels, the amendment implements the state’s new distinction between proposed and existing multifamily dwellings. Under the update, staff said, existing multifamily lots may be eligible to add as many as eight detached ADUs, provided the number of ADUs does not exceed the number of existing primary units on the lot (for example, a duplex may only have two ADUs). David summarized: "This is state law. We have to allow for it, provided that they meet all the criteria."
Several council members used the public hearing and discussion period to register frustration with the state-driven changes. Council member Rigby said the mandate "defeats the purpose of local control," and said he would still vote for the amendment to avoid state repercussions. Council member Dingell echoed the sentiment, calling the state requirements "frustrating" and noting constituents frequently press the council on housing and ADU policy.
The council closed the public hearing and approved the amendment on a 5-0 vote (motion by Council Member McMahon; second by Council Member Ruby). No roll-call vote listing each member’s position was recited in the meeting transcript; the clerk announced the tally as five in favor, none opposed.
What happens next: Staff will incorporate the updated code language into the city’s zoning regulations and carry out ministerial review of complete ADU applications under the newly required timelines. The amendment text referenced Eastvale Municipal Code section 120.040.01 (as read in the presentation) and cited the applicable state Government Code provisions noted by staff.
