The purpose of this chapter is to establish the procedures for
the development of Accessory Dwelling Units and Junior Accessory Dwelling
Units on lots zoned to allow single-family or multifamily dwelling
residential use and that include a proposed or existing dwelling pursuant
to Government Code Sections 65852.2 and 65852.22.
(Ord. 1687 § 3, 2023)
means an attached, a detached, or converted dwelling unit
that provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary
residence. An ADU shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-
or multi-family dwelling is or will be situated. An ADU also includes
the following: an efficiency unit as defined in Section 17958.1 of
the Health and Safety Code and a manufactured home as defined in Section
18007 of the Health and Safety Code. Accessory dwelling units may
be attached to the primary dwelling unit, detached from the primary
dwelling unit or may involve the conversion of floor area of an existing
structure.
means an ADU that is constructed as a physical expansion
of the primary dwelling unit and is attached to the primary dwelling
unit.
means an ADU that is constructed within the walls of the
primary dwelling unit or an existing detached structure, including
conversion of an existing attached or detached garage into an ADU.
means an ADU that is within an independent structure entirely
separate from the primary dwelling unit and other accessory structures.
means a unit that is no more than 500 square feet in size
and contained entirely within a single-family residence. A JADU may
include separate sanitation facilities or may share sanitation facilities
with the existing structure. The JADU shall include a separate entrance
from the main dwelling.
means an existing or proposed residential structure and includes
both livable and non-livable areas. Detached structures, such as a
detached garage is not considered part of the primary dwelling.
means a location, including but not limited to a bus stop
or train station, where the public may access buses and other forms
of transportation that charge set fares, run on fixed routes, and
are available to the public. This definition includes Laguna Beach
Transit and Trolley.
(Ord. 1687 § 3, 2023)
(A)
Effect of Consistency. An ADU or JADU that conforms to the requirements
of this chapter is:
(1)
Deemed consistent with the allowable density for the lot upon which
such unit is proposed to be established.
(2)
Deemed consistent with the existing general plan and zoning designations
for the lot.
(3)
Not counted towards the calculation for major remodel projects, except
as necessary to comply with Section 30253 of the Coastal Act limiting
alterations of existing bluff top, beachfront, and coastal canyons,
and to determine the applicability of Section 30235 of the Coastal
Act and equivalent LCP policies.
(B)
Exceptions to Ministerial Review. Discretionary review may be required
as follows.
(1)
Coastal Zone. ADUs that are not exempted or excluded under Chapter 25.07 (Coastal Development Permits) require issuance of a coastal development permit, subject to the noticing and appeal requirements in that chapter.
(2)
Deviations from Objective Standards. ADU and JADU applications that deviate from the standards of this chapter may still be permitted but shall not qualify for ministerial review. Such applications shall be subject to applicable design review, variance, coastal development permit, and other entitlements pursuant to Title 25.
(C)
Processing Time. Zoning plan check shall be required for compliance
with applicable zoning regulations and applicable building and construction
requirements set forth in Titles 14 (Buildings and Construction) and
17 (Sewers).
(1)
Ministerial Review Time. Except as set forth in paragraph (2) below, applications must be approved or denied within 60 days from the date the city receives a completed application if there is an existing single-family or multifamily dwelling on the lot, or the application shall be deemed approved. Where an application deviates from the objective standards of this chapter, the application may be reviewed pursuant to the procedures of Section 25.17.030(B)(2) (Deviations).
(2)
If the applicant requests a delay, the 60-day period shall be tolled
for the period of the delay.
(3)
Exception to Review Time. If the permit application to create a purely
ministerial ADU or JADU is submitted with an application to construct
a new dwelling, the following shall apply:
(a)
The ADU or JADU shall not be subject to the 60-day approval period
but shall instead be subject to the approval period for the new dwelling.
However, the ADU or JADU itself shall be considered without a public
hearing.
(b)
An ADU or JADU may only be constructed concurrently with or after
the construction of a new dwelling unit on the same lot. A certificate
of occupancy for an ADU shall not be issued prior to the certificate
of occupancy for the new primary dwelling unit.
(4)
If the city denies an application for an ADU or JADU, it shall provide
a full set of comments with the denial listing the items that are
defective or deficient and shall describe how the application can
be remedied by the applicant.
(5)
The City shall not deny a permit to an unpermitted ADU or JADU that
was constructed before January 1, 2018 due to violations of building
standards or this chapter provided that correction of the violation
is not necessary to protect the health and safety of the public or
the occupants of the structure. This provision shall not apply to
substandard buildings.
(D)
Precedence in Provisions. Applications shall comply with the objective
standards outlined in this chapter and the zoning district in which
the ADU or JADU is located. In the event of a conflict between the
development standards set forth in the zone and the standards of this
chapter, the provisions of this chapter shall take precedence.
(Ord. 1687 § 3, 2023; Ord. 1691 § 3, 2023)
Unless a stated exception applies, ADUs and JADUs must comply
with the development standards set forth in this section.
(A)
Location. ADUs and JADUs may only be located in the following locations:
(B)
Lot Area. There is no minimum lot area to establish an ADU or JADU.
(C)
Number of Units. A lot may have no more than one ADU (attached, detached or converted) and one JADU, except for multifamily lots as described in Subsection (D)(3) below.
(D)
Guaranteed Allowance. The following types of ADUs and JADUs require
compliance with this subsection D and other development standards
do not apply. Coastal resource protection policies continue to apply.
(1)
Attached or Detached ADUs. One attached or detached ADU up to 850
square feet of floor area, or 1,000 square feet of floor area for
ADUs providing more than one (1) bedroom, and 4′ minimum side
and rear yard setbacks.
(2)
Converted ADUs. One ADU and JADU that is within the proposed or existing
space of a primary dwelling, or an accessory structure. A converted
ADU may include an expansion of up to 75 square feet for any use beyond
the same dimensions as the existing structure. Accessory structures
may include an additional expansion of up to 150 square feet to accommodate
ingress and egress. A converted JADU must be entirely within the existing
habitable space of an existing primary dwelling unit. Converted ADUs
or JADUs shall comply with the following:
(3)
Multifamily Lots. Either converted or detached ADUs are allowed,
but not both.
(a)
Converted ADUs. A minimum of one ADU may be converted from livable
or non-livable space. Additional ADUs may be converted within the
portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to, storage rooms,
boiler rooms, passageways, attics, basements, or garages, up to maximum
of 25% of the existing multifamily dwelling units. A converted JADU
must be entirely within the existing habitable space of an existing
multifamily dwelling unit. Each ADU shall comply with building code
standards for dwellings.
(b)
Detached ADUs. Not more than two ADUs that are located on a lot that
has an existing multifamily dwelling, but are detached from that multifamily
dwelling, are subject to 18 foot maximum height and 4 foot side and
rear setbacks.
(4)
Allowable Heights. All ADUs and JADUs shall be subject to the following
height limitations:
(a)
16 feet for a detached ADU on a lot with an existing or proposed
single family or multifamily dwelling unit.
(b)
18 feet for a detached ADU on a lot with an existing or proposed
single family or multifamily dwelling unit that is within one-half
of one mile walking distance of a major transit stop or a high-quality
transit corridor, as those terms are defined in Section 21155 of the
Public Resources Code. An additional 2 feet in height shall be permitted
to align the roof pitch with that of the primary dwelling unit.
(c)
18 feet for a detached ADU on a lot with an existing or proposed
multifamily, multistory dwelling.
(d)
25 feet or the zoning code height limitation applicable to the primary
dwelling, whichever is lower, for an attached ADU.
(5)
Utility Connections. ADUs and JADUs permitted under 25.17.040(D)
shall not be considered new residential uses for the purposes of installing
a new or separate utility connection between the ADU or JADU and the
utility; or calculating connection fees or capacity charges for utilities,
including water and sewer service, unless the accessory structure
is constructed with a new primary dwelling.
(E)
ADUs and JADUs Not Subject to Section 25.17.040 Guaranteed Allowance.
(1)
Minimum and Maximum Size. ADUs shall comply with the following minimum
and maximum size limitations:
(a)
Minimum Size for ADU and JADU: 150 square feet ("efficiency unit"
per California Health and Safety Code Section 17958.1).
(b)
Maximum Size for JADU: 500 square feet.
(c)
Maximum Size for ADUs:
(ii)
Attached ADUs.
a.
Studios and one bedrooms: 850 square feet or 50% of the primary
dwelling unit, whichever is less.
b.
ADUs with more than one bedroom: 1,000 square feet or 50% of
the primary dwelling unit, whichever is less.
c.
ADUs that are ADA compliant: 1,000 square feet or 50% of the
primary dwelling unit, whichever is less.
(2)
Height for New Structures.
(a)
The height limit for attached and detached ADUs is set forth in Section 25.17.040(D)(4). ADUs above the height limitations shall be subject to design review in accordance with Section 25.05.040.
(b)
Building height shall be measured from the vertical distance from
any point on the finished roof surface to the finished floor surface
of the lowest floor measured directly below or to the natural or finished
grade, whichever is more restrictive or lower. If the entire lowest
floor, measured from the finished floor surface of the floor above,
is located completely below natural or finished grade, whichever is
more restrictive, then the building height shall be measured to the
top of the finished floor of the next level directly above that subterranean
level. The height limit shall include roof chimneys, vents, mechanical
enclosure, stairways and other such structural elements required for
the operation of the building.
(3)
Setbacks for attached or detached ADUs:
(a)
Interior side and rear setbacks. A minimum of 4′.
(b)
Bluff Setback. A minimum of 25′ from the top of an oceanfront
bluff.
(c)
Watercourse. A minimum of 25′ from the centerline of a watercourse.
(d)
Nonconforming Structure. ADUs that are created in the same location
as an existing legally non-conforming structure may maintain the nonconforming
setbacks consistent with section (e) below. Any expansions beyond
the location and size of the existing legally non-conforming structure
shall comply with the above setbacks.
(e)
Greater setbacks from resources shall be imposed as necessary to protect the resources, consistent with the requirements of the certified Local Coastal Program. Resources may include, but are not limited to, hazardous areas, environmentally sensitive areas, wetlands, public views, and public trails and accessways. The provisions of Section 25.50.004(D) pertaining to additional building setbacks shall apply.
(4)
Space Between Buildings. The space between a detached ADU and another
structure shall be the minimum necessary to comply with Building and
Fire Code.
(5)
Design Standards. Standards set forth in this section apply to the
exterior of any ADU. Applications shall demonstrate compliance with
the following:
(a)
Architectural Standards. The exterior materials and finish, color
scheme, and roof design, and pitch of an ADU above 12′ in height
shall match the primary dwelling building if an ADU is visible from
any public or private roadways, excluding alleys.
(b)
Lighting. Outdoor lighting must be hooded, fully shielded, and aimed
downward. Light trespass that results in glare is prohibited.
(c)
Outdoor Living Space. Covered exterior porches, decks, patios, and
other outdoor living spaces attached to the ADU shall comply with
the height, setbacks, and design standards above and are limited to
20% maximum floor area of the ADU. Elevated decks more than 3′
above adjacent existing grade shall require design review. Roof decks
shall be prohibited.
(6)
Parking.
(a)
Replacement of Existing Parking. When a garage, carport, or covered
parking structure is demolished in conjunction with the construction
of an ADU or converted to an ADU/JADU, the demolition permit for the
garage, carport, or covered parking structure shall be reviewed at
the same time as the ADU application. In the Coastal Zone, the number
of existing parking spaces for a single-family residence or multifamily
dwelling shall be replaced on site at a one-to-one ratio. However,
an applicant shall not be required to provide more spaces than the
minimum number of required off-street parking spaces for the primary
structure(s). Replacement parking shall be done either through construction
or relocation of existing parking, which may be uncovered and/or tandem,
or located in the front or side setback and must be located on private
property.
(b)
On-Site ADU Parking. One parking space per ADU shall be provided.
Parking spaces for ADUs must comply with the following requirements:
i.
May be tandem parking on a driveway.
ii.
Minimum 3′ from side property lines. Larger setbacks
may be required based on site specific or fire and life safety conditions,
as determined by the Fire Department and/or the Building Division,
whichever is more restrictive.
iii.
Not within a required on-site turnaround area.
(c)
Exemptions. No parking shall be required for any of the following
or in any of the following circumstances:
i.
In connection with the construction of a JADU.
ii.
Accessory dwelling units converted as part of a proposed or
existing habitable space of principal residence or existing accessory
structure shall not require parking; however, if parking associated
with the existing residence is removed by the converted ADU, the parking
shall be replaced elsewhere on the property consistent with this section.
iii.
The ADU is deed restricted as an affordable housing unit.
iv.
The ADU is an ADA compliant housing unit.
v.
The ADU is located within one-half mile walking distance of public
transit or within the Downtown Specific Plan area.
vi.
The ADU is located on a lot within 100′ of free on-street
parking, in a neighborhood with adequate on-street parking supply,
and does not degrade the existing emergency vehicle access as determined
by the City.
vii.
The ADU is located within a structure listed on the California
Register of Historic Resources or the City's historic register.
viii.
The ADU is located on a property within a locked gate community.
ix.
On-street parking permits are required but not offered to the
occupant of the ADU.
x.
A car share vehicle is located within one block of the ADU. For the
purposes of this section, "car-share vehicle" shall mean part of an
established program intended to remain in effect at a fixed location,
and available to the public.
xi.
The ADU is proposed as part of an existing primary structure.
xii.
The ADU application is submitted with an application for a new
primary structure on the same lot.
(Ord. 1687 § 3, 2023; Ord. 1691 § 3, 2023)
(A)
Access. The ADU or JADU shall have independent exterior access from
the primary dwelling. Interior access between the ADU or JADU and
the primary dwelling unit is allowed.
(B)
Addresses. The addresses of both the primary building and ADU shall
be clearly visible from the public right-of-way.
(C)
Deed Restriction. JADUs shall require the recordation of a deed restriction,
which shall run with the land, that includes the following:
(D)
Fire Sprinklers. All types of ADUs and/or JADUs shall not be required
to provide fire sprinklers if they are not required for the primary
dwelling. A JADU shall not be considered a separate or new residential
unit. Fire sprinklers may be utilized as mitigation in an alternate
materials and methods proposal to provide equivalency when compliance
with the California Fire Code requirement is not feasible.
(E)
Historic Resources. ADUs and/or JADUs within or proposed to be within
a structure listed on the California Register of Historic Resources
or the City's Register shall meet all Secretary of the Interior Standards,
as applicable.
(G)
JADU Bathrooms. JADUs without a separate bathroom must have a separate
entrance from the main entrance to the structure and an interior entry
to the main living area.
(H)
Nonconformities. Conversions or reconstruction of legal nonconforming
structures to ADUs or JADUs shall not be required to correct nonconforming
zoning conditions. Conversions of legal nonconforming structures shall
be required to meet all current building, electrical and fire code
standards. Nonconformities in the existing primary structures shall
not be required to be corrected during or as a condition of approval
of an application for an ADU or JADU.
(I)
Owner Occupancy for JADUs. For JADUs only, the property owner shall
permanently reside, as evidenced by documentation satisfactory to
the city, in either the primary dwelling or the JADU.
(J)
Passageway. No passageway shall be required for ADUs and/or JADUs.
For the purposes of this section, "passageway" means a pathway that
is unobstructed clear to the sky and extends from a street to one
entrance of the ADUs and/or JADU.
(K)
Rental Unit. The ADU or JADU shall not be rented for a period of
less than 31 consecutive calendar days.
(L)
Sale. The ADU shall not be sold or otherwise conveyed separate from
the primary residence, unless specifically permitted by State law.
(M)
Vehicular Access.
(1)
The ADU and JADU shall utilize the same vehicular access that serves
the primary buildings, unless the Fire Department and the Public Works
Department finds that a secondary access will not degrade existing
safety or traffic concerns. An ADU and/or JADU with new vehicular
access to streets or alleys is subject to design review.
(Ord. 1687 § 3, 2023; Ord. 1691 § 3, 2023)
All ADUs and JADUs shall connect to public utilities, including
but not limited to water, electric, and sewer services.
(A)
New Construction. The city may require a new or separate utility
connection directly between the ADU and the utility. Consistent with
California Government Code Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate
to the burden of the proposed ADU, based upon either its square feet
or the number of its drainage fixture unit (DFU) values, as defined
in the current adopted California Plumbing Code, upon the water or
sewer system. This fee or charge shall not exceed the reasonable cost
of providing this service.
(B)
Impact Fees. No impact fees shall be imposed to an ADU less than
750 square feet in size. Any impact fees charged for an ADU of 750
square feet or more shall be charged proportionately in relation to
the square footage of the primary dwelling.
(C)
Onsite Water Treatment System. An ADU proposed to be connected to
an onsite water treatment system shall require a percolation test
completed within the last five years, or, if the percolation test
has been recertified, within the last 10 years prior as part of the
application submittal. Approval by the local health officer may be
required.
(Ord. 1687 § 3, 2023)
(A)
In order to encourage the use of ADUs to provide affordable housing
as defined by the California Department of Housing and Community Development,
the following described fee refunds shall be available. In order to
obtain the incentive, the property owner must limit by deed restriction,
covenant, and/or other instrument the occupancy of the ADU, based
on the income limits and applicable rental rates established annually
by the state of California. The city may impose conditions and penalties
for noncompliance with the affordability restrictions.
(B)
Deed Restriction. If the owner has requested the incentives in this
section, prior to the issuance of a building permit, the property
owner shall record a deed restriction with the County Recorder's Office,
the form and content of which is satisfactory to the City Attorney.
The deed restriction document shall notify future owners of the owner
occupancy requirements, prohibition restrictions on short-term rentals,
and annual reporting requirements. The deed restriction shall remain
in effect for a minimum of 10 years.
(C)
Incentives. All city building, planning, zoning, and impact fees
shall be refunded after building permit final, excluding consultant
review fees.
(Ord. 1687 § 3, 2023)
Notwithstanding any ordinance or regulation mandating the payment
of building, planning, and/or zoning permit fees, and in order to
encourage the use of ADUs to provide accessible housing unit as defined
by U.S. Department of Housing and Urban Development Section 504, all
city building, planning, zoning, shall be refunded after building
permit final, excluding consultant review fees and impact fees pursuant
to Government Code section 66000 et seq.
(Ord. 1687 § 3, 2023)
Nothing in this chapter shall be construed to supersede or in
any way alter or lessen the effect or application of the California
Coastal Act of 1976 (Division 20 (commencing with Section 30000) of
the California Public Resources Code), except that the City shall
not be required to hold public hearings for coastal development permit
applications for ADUs. This chapter shall not be implemented in a
way that would be inconsistent with some or all other coastal resource
protection policies within the certified LCP and/or the Coastal Act.
(Ord. 1687 § 3, 2023)
No public notice or hearing shall be required unless the ADU
and/or JADU do not meet the standards of this chapter or requires
a discretionary permit, including but not limited to a Coastal Development
Permit. The noticing and appeal requirements shall follow the requirements
of the discretionary permit.
(Ord. 1687 § 3, 2023)
Delay in Enforcement. The City, until January 1, 2030, shall
include in a notice to correct a violation of any provision of any
building standard relating to an ADU or a JADU a statement that the
owner of the unit has a right to request a delay in enforcement pursuant
to the following:
(A)
The ADU or JADU was built before January 1, 2020.
(B)
The ADU was built on or after January 1, 2020, at the time the ADU
was built, had a noncompliant ADU ordinance, but the ordinance is
compliant at the time the request is made.
(C)
The owner of such an ADU that receives a notice to correct violations
or abate nuisances must apply to the City requesting that enforcement
of the violation be delayed for five years on the basis that correcting
the violation is not necessary to protect health and safety. Examples
of violations that require correction include, but are not limited
to, gas line connections, electrical wiring of improper size and terminations,
no venting for mechanical equipment, no natural light and ventilation,
and structural stability.
(D)
The Director shall grant the delay in enforcement if the Director
determines that correcting the violation is not necessary to protect
health and safety, including but not limited to building standards
and fire and safety standards.
(Ord. 1687 § 3, 2023)
