Commission supports removing ADU size cap and creating appeals hearing officer; Harvest Park change contingent on HOA approval

Planning staff told the commission on May 28 that recent state legislation requires cities to allow detached accessory dwelling units (ADUs) on lots as small as a quarter acre and that several local ADU standards should be revised to conform. Staff recommended eliminating the locally adopted 40%-of-primary-dwelling cap on detached ADU size and instead applying fixed square-foot thresholds by lot size (for example, 1,000–1,400 square feet depending on lot size).

Staff also raised a discretionary question about Harvest Park, a neighborhood where local rules and the HOA have historically prohibited ADUs because of very small lots and limited parking. Staff recommended keeping Harvest Park's prohibition in place in the absence of HOA approval.

In addition, staff said state law (as referenced in the staff presentation) removes the city council as an automatic appeal authority for land-use decisions. To comply, staff proposed establishing an appeals hearing officer with a land-use legal background who could be appointed or retained to hear appeals instead of the council.

After brief discussion, the commission moved to support staff's proposals: remove the 40% limit on detached ADU size, maintain the Harvest Park restriction unless the HOA formally approves allowing ADUs there, and establish an appeals hearing officer (likely a land-use attorney on retainer). The motion passed.

What happens next: Staff will proceed with ordinance language to implement the state-required quarter-acre threshold and the removal of the 40% sizing rule, and will prepare the mechanism to appoint or retain an appeals hearing officer for council consideration.