Ferndale Suspends ADU Rules Amid State Compliance Crisis

BREAKING: The Ferndale City Council has just announced a significant suspension of its accessory dwelling unit (ADU) ordinance, a move that comes in response to a critical letter from the California Department of Housing and Community Development (HCD). This urgent decision reflects the city’s need to comply with evolving state regulations that have become increasingly permissive regarding ADU construction.

Earlier this week, the Ferndale City Council unanimously voted to halt enforcement of the existing ADU policies, originally enacted in 2019. The HCD’s letter indicated that the current ordinance likely fails to meet state law requirements, which have undergone significant changes over the last five years.

Kristene Hall, the city clerk and interim city manager, confirmed to the Times-Standard that the city has been proactively aligning its practices with state standards. “We have already been using the state standards, knowing that there have been so many laws coming out,” Hall stated. She emphasized that the city anticipated revising its ADU policy even before the HCD’s notification.

“If an existing ADU ordinance fails to meet the requirements of State ADU Law, the ordinance is ‘null and void,’ and the local jurisdiction must apply the standards set forth in State ADU Law,” said Jamie Candelaria, HCD Housing Accountability Unit Section Chief.

The newly passed “interim urgency ordinance” suspends the outdated elements of Ferndale’s zoning regulations concerning ADUs. This means that for the time being, the city will adhere to state legal requirements for ADU applications until a new local policy is established.

Currently, city staff are working diligently to bring Ferndale’s ADU policy into compliance. A public hearing is required before the city’s planning commission can review the forthcoming changes, and the city council will conduct first and second readings before voting to adopt the new ordinance. The earliest possible vote could occur during the council’s regularly scheduled meeting on March 18, 2024.

Hall expressed confidence in a smooth transition, noting that the city has already been processing applications under state guidelines. This development is critical for residents seeking to build ADUs, which provide affordable housing options in a state grappling with a housing crisis.

The suspension of the ADU ordinance highlights the ongoing adjustments cities must make to align with state housing policies, emphasizing the urgency of local governments to adapt swiftly to legislative changes. As Ferndale moves forward, residents and stakeholders will be closely watching how the new ADU rules will enhance housing availability in the community.

Stay tuned for more updates on this developing story as Ferndale’s new ADU policy takes shape.