OROVILLE — Oroville’s city code is catching up with state law on accessory dwelling units, or ADUs; and junior accessory dwelling units, or JADUs.
An ordinance heard Tuesday by the Oroville City Council is intended to be a single reference point for accessory dwelling unit for citizens planning their properties with the city, according to Lark McNeill with Interwest Consulting Group, which drafted the ordinance.
“It’s meant to address about 95% of the questions that will come up at the counter regarding accessory dwelling units,” McNeill said, adding that there will always be unique situations.
The ordinance reflects new changes to state law including to:
• Allow three residences total on an existing single-family lot: one ADU, one JADU and one primary residence.
• Allow ADUs in multi-family zoning.
• Require owners to live on their property if it has a JADU.
• Require ADUs to be occupied for a minimum of 60 days.
• Allow cities to require owner-occupancy for properties with an ADU beginning Jan. 1, 2025.
• Allow cities to legally subdivide detached ADUs to be sold independent of the primary residence
• Require cities to provide preapproved ADU building plans for property owners beginning Jan. 1, 2025
• Allow prohibition of ADUs and JADUs if the property is designated Very High Fire Hazard Zone or has but a single point of access to a state highway.
Councilors largely accepted the changes, but Mayor David Pittman disagreed with a recommendation from the Planning Commission to not require the 60-day minimum rental on the basis that owners can use their ADU for overnight rentals.
“Having shorter term rental … I see that as problematic,” Pittman said. “Everyone will get one and have these short term weekend rental things, which creates a traffic problem which creates another problem.”
Pittman also disagreed on prohibiting ADUs in fire zones; that it should be up to building officials to determine prohibition.
McNeill clarified that property owners can live in either their primary residence or their ADU.
Councilor Scott Thomson said he had a concern with the 60-day minimum rental because it may be limiting for traveling professionals.
“As the hospital progresses to open, that need is going to increase,” Thomson said.
City Planner Wes Irvin said the changes requested by councilors will be under review by the state Department of Housing and Community Development.