Accessory Dwelling Units (ADUs), formerly known as second-units, have been identified by the State of California as providing an important affordable housing option essential to meeting the State’s growing housing shortage.

In 1982, the State enacted legislation that authorized local jurisdictions to adopt provisions permitting second-units while maintaining local control.  In 2002, Assembly Bill (AB) 1866 was adopted to update the second-unit law to require local jurisdictions to allow second-units by-right on lots improved with an existing single-family home, subject to reasonable zoning and development standards.

In 2016, Senate Bill (SB) 1069 and Assembly Bill (AB) 2299 were adopted amending State law to further restrict local control over second-units for the purpose of allowing property owners more flexibility to build ADUs. 

In 2019, the State legislature adopted of series of bills, SB 13, AB 68, AB 587, AB 671 and AB 881, that became effective on January 1, 2020, which further restricted local control over ADUs and JADUs in order to facilitate more housing production.  Pursuant to State law, local jurisdictions that do not adopt a new ordinance consistent with State law are prohibited from imposing any zoning regulations on ADUs and JADUs beyond what is specified in State law.

During the interim period, from January 1, 2020 to the present, the City has applied the new State law requirements to all ADU and JADU projects submitted for plan check review, and has continued to issue building permits for their construction pending approval of an ADU and JADU ordinance.

On July 16, 2020, the Planning Commission held a Public Hearing to consider Amendment No. A-027-2020.  No persons from the public spoke on the item.  The Planning Commission voted 7-0 adopting Resolution No. 5995-20 recommending that the City Council adopt Amendment No. A-027-2020.

On August 25, 2020, the City Council considered the draft ordinance and directed staff to consider additional revisions to the proposed regulations.

In considering regulations permitted by State law, staff is proposing the following revisions to the proposed ordinance:

1.  The maximum number of bedrooms for ADUs is being adjusted to two.

2.  The total floor area of attached studio or one-bedroom ADUs are limited to 850 square feet or 50% of the primary dwelling unit, whichever is less, but in no event less than 800 square feet.

3. The total floor area of attached two bedroom ADUs are limited to 1000 square feet or 50% of the primary dwelling unit, whichever is less, but in no event less than 800 square feet.

4.  The total floor area of detached studio or one-bedroom ADUs are limited to 850 square feet.

5.  The total floor area of detached two bedroom ADUs are limited to 1000 square feet.

6.  Where an ADU and a JADU are developed or proposed on a site, the ADU cannot exceed 800 square feet.

7.  The total combined area of an ADU and an attached porch, patio, and/or garage cannot exceed 1330 square feet.

8.  A minimum of six feet separation is required between a detached ADU and the primary dwelling unit.

9.  A minimum of six feet is required between an attached or detached ADU and all other structures, including garages.

A copy of the revisions to the draft ordinance shown in redlining is attached for your reference.

Given the foregoing revisions to the draft ordinance reviewed by the Planning Commission, State law and the Municipal Code require that the revisions be remanded back to the Planning Commission for further review and recommendation to the City Council.

Section 9.32.100(J)(2) of the Garden Grove Municipal Code provides:

"If the City Council proposes an action that modifies the action of the Planning Commission and the modification was not previously considered by the Planning Commission then, before final action is taken, the City Council shall remand the matter to the Planning Commission for further report."

Furthermore, Government Code 65857 provides:

"The legislative body may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed ordinance or amendment by the legislative body not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, or such longer period as may be designated by the legislative body, shall be deemed to be approval of the proposed modification."

Consequently, staff recommends that the City Council remand the proposed code amendment to the Planning Commission for review and a recommendation of the revisions to the draft ADU ordinance.

No fiscal impact to the City regarding this proposed amendment.

It is recommended that the City Council:

• Conduct a Public Hearing; and,

• Determine that the Ordinance is categorically exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15061(b)(3); and,

• Remand to the Planning Commission the proposed revisions to the draft ADU ordinance for review and recommendation to the City Council.