Accessory Dwelling Units (ADUs) 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 Junior ADUs (JADUs) in order to facilitate more housing production.  Furthermore, in 2020, the State legislature adopted AB 3182, that become effective on January 1, 2021, to further addresses barriers to the development and use of ADUs and JADUs.  

State ADU/JADU law strictly limits the scope of zoning regulations and development standards local jurisdictions may apply to ADUs, while allowing local jurisdictions some flexibility to continue to regulate certain aspects of ADUs, such as maximum unit size, height, setback, and architectural review, within specified parameters.  Pursuant to State law, local jurisdictions must adopt a new ordinance consistent with State law in order to impose any zoning regulations on ADUs and JADUs beyond the minimum default standards specified in State law.

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

On July 16, 2020, the Planning Commission held a Public Hearing to consider Amendment No. A-027-2020 and a draft ordinance proposed by staff.  Amendment No. A-027-2020 would repeal portions of Chapter 9.08 of Title 9 (Zoning) of the Garden Grove Municipal Code pertaining to Accessory Dwelling Units, and would add Chapter 9.54 to Title 9 of the Municipal Code to establish regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units to comply with State law.  The Planning Commission voted 7-0 to adopt Resolution No. 5995-20 recommending that the City Council approve Amendment No. A-027-2020 and adopt the draft ordinance proposed by staff.  

On August 25, 2020, the City Council held a Public Hearing to consider Amendment No. A-027-2020 and the draft ordinance recommended by the Planning Commission.  At the meeting, the City Council recognized that State law mandates jurisdictions to allow ADUs and JADUs; however, the City Council also recognized the impacts ADUs and JADUs have on the community, including changing the character of residential neighborhoods.  The City Council voted 7-0 to direct staff to further review State law to identify areas of the law where the City could exercise further local control over ADUs and JADUs and to consider additional revisions to the draft ordinance to ensure it provides for as much local control possible, while still ensuring compliance with State law.  

On September 8, 2020, staff presented a revised draft ordinance to the City Council, which proposed revisions staff believed to be consistent with State law (Attachment 1).  The proposed revisions included, but were not limited to: limiting the maximum number of bedrooms in an ADU to two (2); reducing the maximum unit size of ADUs; and increasing the building separation between ADUs and the detached structures.  Following a Public Hearing and discussion, the City Council voted 7-0 that the revised draft ordinance be remanded to the Planning Commission for review and recommendation to the City Council. 

State law requires local jurisdictions to submit a copy of their adopted ADU and JADU ordinance to the Department of Housing and Community Development (HCD) for review to determine compliance with State Law.  Local jurisdictions may also submit draft ADU and JADU ordinances to HCD for preliminary review and feedback.  State law also authorizes HCD to adopt guidelines to implement uniform standards or criteria that supplement or clarify the State ADU law.

On September 15, 2020, the City submitted a copy of the revised draft ordinance as presented to City Council at the September 8, 2020 City Council Meeting to HCD for preliminary review.

In September 2020, HCD also released an updated Accessory Dwelling Unit (ADU) Handbook setting forth HCD’s guidance clarifying the intent of the new State ADU law and providing answers to frequently asked questions about ADUs. This ADU handbook was recently updated in December 2020 (Attachment 2).

On October 22, 2020, a meeting was held between City staff and HCD to discuss the revised draft ordinance.  At the meeting, HCD noted several areas of the revised draft ordinance that HCD believed were inconsistent with State law, including the limit on the number of bedrooms allowed in ADUs. 

Staff updated the revised draft ordinance based on the guidance contained in HCD’s September 2020 ADU Handbook and the feedback provided by HCD during the October 22, 2020 meeting (Attachment 3).  The updated revised draft ordinance incorporates the City Council recommended changes that HCD did not identify as being inconsistent with State law. 

On January 21, 2021, the Planning Commission held a Public Hearing to consider the revised draft ordinance for Amendment No. A-027-2020.  No persons from the public spoke on the item.  The Planning Commission voted 5-0 adopting Resolution No. 6015-21 recommending that the City Council adopt Amendment No. A-027-2020.

The following discussion describes the most significant changes to the draft ordinance:

Number of Bedrooms

The City Council requested that the number of bedrooms in ADUs be limited to two (2) bedrooms; however, while State law does not specifically prohibit jurisdictions from imposing bedroom restrictions, HCD subsequently clarified that jurisdictions cannot limit the number of bedrooms in ADUs.  According to HCD’s new ADU Handbook, a limit on the number of bedrooms could be construed as a discriminatory practice towards protected classes, such as familial status, and would be considered an impermissible restraint on the development of ADUs.  HCD also clarified that ADU ordinances that incorporated restrictions to the number of bedrooms would not be certified.  Therefore, the revised ordinance has been modified to exclude language restricting the number of bedrooms in ADUs, consistent with HCD’s interpretation of State law.

Number of ADUs Permitted in Multiple Family Developments

State law allows multiple family developments to construct up to two (2) detached ADUs, and allows multiple ADUs to be constructed within portions of existing multiple-family structures not used for livable space, such as storage rooms, boiler rooms, passageways, attics, basements, garages, etc., up to 25% of the existing multiple-family units.  The HCD ADU Handbook clarifies that jurisdictions can regulate the configuration of new ADUs and ADU conversions allowed on multiple-family developments.  Jurisdictions are not required to allow both new ADUs and ADUs conversions to be developed concurrently on properties developed with multiple-family residences.  With HCD’s interpretation of this State law provision, the ordinance has been revised to limit properties with multiple-family developments to either 1) no more than two (2) detached ADUs or 2) one or more converted ADUs as allowed by State law.  Furthermore, all new ADUs must be developed as detached units, as specified by State law.  

Maximum Unit Sizes

State law allows jurisdictions to establish maximum unit sizes for ADUs; however, State law also establishes minimum and maximum ADU sizes that jurisdictions must allow by right.  Staff originally recommended a maximum ADU size of 1,200 square feet, which is the default standard under State law for jurisdictions without a compliant ordinance.  Based on the City Council’s feedback, however, staff has revised the draft ordinance to limit maximum unit sizes to full extent permitted by State law.  The revised draft ordinance limits ADUs designed as a studio or one-bedroom unit to a maximum size of 850 square feet, and two or more bedroom units to a maximum size of 1,000 square feet.  In addition, ADUs cannot exceed 800 square feet in size in cases where both an ADU and JADU are developed or proposed to be developed on a site.  These maximum sizes were presented to City Council at the September 8, 2020 City Council Meeting.

Replacement Parking for JADUs Parking

State law requires jurisdictions to allow JADUs within the walls of an existing single-family residence.  The HCD ADU Handbook clarifies that a garage attached to a single-family residence is considered to be within the walls of the existing single-family residence, and can be converted into a JADU.  Furthermore, the HCD ADU Handbook indicates that jurisdictions can impose replacement parking requirements for JADUs proposed within an attached garage (unlike ADUs).  The revised ordinance includes provisions allowing JADUs in an attached garage, but requiring replacement parking for any garage converted into a JADU.  The required garage parking can be replaced on the same lot as covered spaces, uncovered spaces, or tandem spaces. 

ADU Building Height

State law authorizes jurisdictions to limit the overall building height of one-story ADUs to 16 feet; however, jurisdictions are permitted to establish a maximum building height greater than 16 feet.  The revised ordinance reduces the maximum allowed building height of ADUs from 17 feet to 16 feet, as authorized by State law. 

ADU Building Separation

The revised ordinance increases the minimum building separation from five (5) feet to (6) feet between detached ADUs and the primary residence and/or other detached structures on the same site.  The six (6) foot building separation was required by the 2017 ADU ordinance, and was also presented to City Council at the September 8, 2020 meeting.

Other Revisions

The revised ordinance also includes revisions that make ADU design standards more objective, clarify specific building and fire code requirements, and eliminate other requirements HCD considers to be inconsistent with State law.

Attachment 4 provides a comprehensive comparison of the 2017 ADU Ordinance, the State law regulations, and proposed ADU and JADU regulations.

Once the revised ordinance is adopted by the City, a copy of the ordinance will be submitted to HCD for review for compliance with State law. 

It is recommended that the City Council:

• Conduct a Public Hearing;

• 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,

• Introduce and conduct the first reading of the attached Ordinance approving Amendment No. A-027-2020 to amend Title 9 of the Municipal Code adopting regulations pertaining to accessory dwelling units and junior accessory units.

By:    Maria Parra, Senior Planner