Escalon planning commission backs ADU code update, recommends council adoption

The Escalon Planning Commission voted 4-0 to recommend that the Escalon City Council adopt ordinance amendment 26816, a measure updating the city's accessory dwelling unit (ADU) rules to conform with a series of recent state laws.

City staff told the commission the ordinance is intended to preserve local standards where state law allows while bringing local code into alignment with new statewide requirements. "City staff brought forward an ordinance that would adopt, re-adopt basically, all of the codes that we had in place, but now in conformance to the new laws that were passed," a city staff presenter said during the hearing.

The commission and staff focused on the specific technical details that remain within local control. Staff said side and rear setbacks are set by state law at 4 feet and cannot be changed locally, while the city is proposing a 25-foot front setback for ADUs. "We've gone with 25 feet as the front setback requirement for ADUs," a staff speaker said. Staff also said the local cap on floor-area additions tied to ADU construction would be 0.65, and that minimum unit sizes established by state law are 800 square feet for ADUs and 500 square feet for junior ADUs.

Commissioners pressed staff on processing timelines and enforcement. Under the new state rules, plan checks for ADU building permits must be reviewed within 15 days; staff warned that short deadline strains small-city capacity. "We have to review these applications in 15 days," staff said, noting the city will still issue a final determination within 60 days once an applicant submits a complete package. Staff explained that if the city does not respond in some cases, an application may be deemed approved under state timelines.

The commission also discussed whether ADUs could be used for short-term rentals and how utilities and fees would be handled. Staff said ADUs and junior ADUs created under the state scheme cannot be used for short-term, weekend-style rentals and are generally limited to stays longer than 30 days; enforcement against platform listings remains practically difficult. On utilities and solid waste, staff said state changes clarify when separate water or sewer connections can be required and agreed to return with potential amendments addressing garbage-can/service questions.

Other ordinance details discussed included impact fees: units under 750 square feet are exempt from certain impact fees and units under 500 square feet are exempt from school impact fees; impact fees for larger ADUs are prorated relative to the primary dwelling and are based on actual ADU square footage. Staff also said the state Department of Housing and Community Development (HCD) will not allow the city to count ADU construction toward the city's 75-permit annual limit.

With no members of the public present to comment, an unidentified commissioner moved to recommend the ordinance to the City Council and another commissioner seconded. The motion carried 4-0; one commissioner had been recorded absent and excused earlier in the meeting.

The commission's recommendation sends ordinance amendment 26816 to the Escalon City Council for consideration; staff said the council's temporary urgency ordinance is effective only for 30 days and that the planning commission's recommendation would allow Council to adopt a permanent local ordinance in conformance with state law.

Votes at a glance

- Consent calendar (minutes and routine items): moved, seconded and approved by voice vote; motion carried (no numerical roll-call tally recorded in the transcript).
- Ordinance amendment 26816 (ADU code update): motion to recommend adoption carried 4-0 (one commissioner recorded absent, excused).

The City Council will consider the ordinance at a future meeting; staff indicated it could return with clarifying amendments (for example, on trash-service language) after the council acts.