Ferndale City Council Suspends ADU Rules Amid State Compliance Push

UPDATE: The Ferndale City Council has just suspended its accessory dwelling unit (ADU) ordinance after receiving urgent notice from the California Department of Housing and Community Development (HCD). This unanimous decision, made earlier this week, responds to concerns that the city’s 2019 ADU policy is likely out of compliance with the latest state laws, which have significantly evolved to promote ADU construction.

The HCD letter, dated November 14, highlights critical changes in state ADU law, emphasizing that if a local ordinance is not aligned with state requirements, it becomes “null and void.” This means that until Ferndale adopts a new policy, state guidelines will govern ADU applications within the city.

Ferndale City Clerk and interim City Manager Kristene Hall confirmed to the Times-Standard on Thursday that the city had been proactive in anticipating these changes. “We have already been using the state standards, knowing that there have been so many laws coming out,” Hall stated. This approach aims to ensure compliance while the city updates its zoning ordinances, including the ADU policy.

Why This Matters: The suspension of the ADU ordinance could significantly impact housing availability in Ferndale. As the demand for affordable housing options rises, complying with state laws could facilitate the construction of more ADUs, also known as granny or in-law units, which are essential in addressing housing shortages.

The newly enacted “interim urgency ordinance” suspends the enforcement of outdated regulations relating to ADUs, effectively defaulting to state legal standards. Hall indicated that city staff is actively working on a new ADU policy that must go through a public hearing process before it can be adopted.

The timeline for this overhaul is critical. The city council is expected to hold its first public reading and vote on the new ADU ordinance after a mandatory 30-day period. The soonest this vote could occur is at the council’s regularly scheduled meeting on March 18.

Hall expressed confidence in the process, stating she does not anticipate any challenges since Ferndale has been operating under state guidelines for some time. This swift response to state mandates underscores the city’s commitment to improving housing options in line with evolving regulations.

As Ferndale navigates this compliance process, residents are encouraged to stay informed about upcoming public hearings and council meetings that will shape the future of housing in their community. The urgency of this matter highlights the critical intersection of local governance and state housing policies in addressing the pressing need for more affordable living spaces.

Stay tuned for further updates as this story develops.