Commission recommends against allowing ADU occupancy before primary dwelling is completed; aligns with state ADU lot mandate

Staff reviewed a council‑directed zoning text amendment to implement state changes requiring detached accessory dwelling units (ADUs) to be permitted on single‑family lots larger than 11,000 square feet. Scott Hess told the commission that state law requires cities to allow detached ADUs on qualifying lots by October and that the city can still set yard setbacks, building heights and lot coverage rules.

Commissioners then debated whether an ADU could be occupied before the primary residence on the lot is complete when both units are built simultaneously. Departments raised concerns about meters/accounts, building code and fire access, and the practical difficulty of requiring the city to evict occupants if a primary dwelling remains unfinished. Lynn Satterthwaite and others supported flexibility and proposed safeguards (time limits, required permits and impact fees for both structures). The commission voted to recommend that council: implement the state minimum (11,000 sq ft threshold) but not permit occupancy of an ADU prior to completion of the primary dwelling without additional detailed safeguards.