AMENDED
BURBANK CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, JULY 28, 2026
4:30 p.m. – Closed Session
5:00 p.m. – Study Session
6:00 p.m. – Open Session
Council Chamber
275 E. Olive Avenue, Second Floor
*Amended to update the Zoom link and Webinar ID
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that a Regular City Council Meeting will be held in the Council Chamber – 275 East Olive Avenue, Second Floor, on Tuesday, July 28, 2026, at 4:30 p.m., to discuss matters on the attached agenda.
Members of the public have the option to participate in the meeting in-person or remotely.
They may also
submit their written comments regarding City business using the eComment feature on the City website.
Auxiliary aids and services are available for individuals with speech, vision, or hearing impairments (48- hour notice is required). For more information, please contact the ADA Coordinator at (818) 238-5051.
Interpretation Requests
:
If you would like to participate in Public Comments and require an interpreter, please telephone the City Clerk's Office at (818) 238-5851 at least 48 hours in advance of the meeting.
Si desea participar en los comentarios públicos y necesita un intérprete, por favor llame a la Oficina de la Secretaria Municipal al (818) 238-5851 al menos 48 horas antes de la reunión.
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:
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:
1 .
Written comments:
Submit comments through eComment on the City website
(
https://www.burbankca.gov/web/city-clerks-office/ecomment ) from the time the agenda is posted
until 3:30 p.m. the day of the meeting. eComments will be distributed to the City Council in advance of the meeting.
2 .
In-person
: Attend and provide comments in the Council Chamber.
3 .
Remote participation via Zoom (Audio Only, No Video):
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Burbank City Council Meeting Agenda
July 28, 2026
1 A.
Public Comment
: (On Closed Session and Study Session items only) To comment in person, a YELLOW
Public Comment Card must be completed and submitted to the City Clerk prior to the comment period. To comment remotely, participants may join via Zoom (using the link on the agenda or by calling 818-238-3335). Remote commenters must join the queue to speak using the “raise hand” feature in Zoom prior to the comment period.
B.
Closed Session
in City Hall First Floor Conference Room
:
Option B – Web Browser or Mobile Device
Click
HERE
to join via Zoom.com
Enter Meeting ID:
824 4125 6228
Webinar Passcode (if needed): 818238
To request to speak during public comment, use the Raise Hand feature in Zoom.
For instructions on how to raise your hand during the meeting, please click HERE
.
Speaker time limits will be determined by the Presiding Officer, depending on how many public comment cards are received and how many
remote participants
are in the queue at the commencement of each
public comment period (as shown below).
Additional public comment cards and
remote comments
will
not be accepted once the public comment period commences. 1 – 20 Total Speakers – 3 minutes each
21 – 39 Total Speakers – 2 minutes each
40+ Total Speakers – 1 minute each
The Presiding Officer has the discretion to reduce speaking time for each speaker in order to ensure that City business can be completed at a reasonable hour.
Public Disclosure
:
Please be advised that any communication submitted to the City of Burbank, its officials, staff or City consultants, may be considered a public record under the Brown Act and California Public Records Act.
This means that any information contained in the communication, including personal information, may be subject to public disclosure. The City reserves the right to disclose such information in accordance with the law.
This agenda contains a summary of each item of business which the City Council may discuss or act on at this meeting. The agenda packet consisting of the staff reports and all other documentation relating to each item on this agenda will be posted on the City's website at www.burbankca.gov
. Any writings or
documents provided to the City Council regarding any item on this agenda subsequent to distribution of the agenda packet will be posted on the City's website at www.burbankca.gov
. If you have a question
about any matter on the agenda, please call the Office of the City Clerk at (818) 238-5851. The Council Chamber is disabled accessible. Auxiliary aids and services are available for individuals with speech, vision, or hearing impairments (48-hour notice is required). Please contact the ADA Coordinator at (818) 238-5051 with questions or concerns.
1. Conference with Legal Counsel – Existing Litigation
a
.
Pursuant to Govt. Code §54956.9(d)(1)
b
.
Name of Case: Amanda Sim v. City of Burbank
c
.
Case No.: 26NNCV00718
d
.
Brief description and nature of case: Personal Injury
Burbank City Council Meeting Agenda
July 28, 2026
2 C.
Study Session: 5:00 p.m. – 6:00 p.m. – Council Chamber
:
1. Review of Updates to the Accessory Dwelling Unit Ordinance – Community Development Department
D.
Call to Order
: 6:00 p.m.
E.
Moment of Reflection
:
F.
Flag Salute
:
G.
Roll Call
:
H.
Announcements
: (The Mayor will make announcements on various topics in addition to any listed) I.
Council Presentations/Recognitions
: (The Mayor will make presentations to various
groups/persons)
1. Welcome Sister City Delegates Visiting from Ota, Japan – City Council J.
City Manager Report
: (Updates on Notable Events, if any)
K.
Presentations
:
1. Presentation of an Update from the Burbank Nonprofit Coalition – City Manager's Office L.
Reporting on Closed Session
: (The City Attorney will report the Closed Session items and report out actions taken)
M.
General Public Comment
: (On any matter concerning City business and/or any agenda items.) To comment in person, a
YELLOW
Public Comment Card must be completed and submitted to the City Clerk prior to the comment period. To comment remotely, participants may join via Zoom (using the link on the agenda or by calling 818-238-3335). Remote commenters must join the queue to speak using the “raise hand” feature in Zoom prior to the comment period.
N.
Council, City Manager, and/or City Attorney Comment
: (Responses to General Public
Comment, if any, shall be brief and in accordance with the Ralph M. Brown Act) O.
Consent Calendar
: (Items on the Consent Calendar are generally routine matters and should be adopted by one motion without an oral report)
Recommendation
:
Note and file.
Attachments
:
SR - ADU Ordinance Update
Att1 - ADU Handbook
Att2 - Technical Assistance Letters
Att3 - Letter of Technical Assistance
Att4 - Preliminary Review
Att5 - HCD Corresspondences
Att6 - LA County Ordinance Amendments
Att7 - Ordinances
Burbank City Council Meeting Agenda
July 28, 2026
3 1.
Adoption of a Resolution Approving a Cooperative Agreement with Wyatt Trapp, Inc. for the Robert E. Gross Park Seismic Retrofit and Renovation – Public Works Department
2. Adoption of a Resolution Approving Measure M MSP-5 Subregional Fund Programming for Fiscal Years 2028-29 and 2029-30 – Community Development Department P.
Reports to Council
: (Items listed under this section will have an oral report provided)
1. Discussion on the Downtown Burbank Metrolink Station and Regional Transit Coalition Efforts – Community Development Department
Recommendation
:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A COOPERATIVE AGREEMENT WITH WYATT TRAPP, INC. AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO APPROVE ANY CHANGES TO FINAL PLANS AND SPECIFICATIONS FOR THE ROBERT E. GROSS PARK SEISMIC RETROFIT AND RENOVATION PROJECT.
Attachments
:
SR - Wyatt Trapp Agreement
Att1 - Resolution
Att2 - Contract Amendment
Att3 - Sourcewell Proposal
Additional Documents - Memo
Additional Documents - Updated Att2
Recommendation
:
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK UPDATING THE
PROJECTS TO BE SUBMITTED TO THE ARROYO VERDUGO COMMUNITIES JOINT
POWERS AUTHORITY FOR FUNDING THROUGH THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY MEASURE M MULTI-YEAR
SUBREGIONAL PLAN TO INCLUDE THE OLIVE AVENUE BRIDGE PEDESTRIAN SAFETY
IMPROVEMENTS PROJECT AND THE BURBANKBUS TRANSIT AND MAINTENANCE
FACILITY IMPROVEMENTS PROJECT, AND APPROVING A SAMPLE FUNDING AGREEMENT.
Attachments
:
SR - Measure M Resolution
Att1 - Resolution
Att2 - Funding Agreement
Att3 - Fund Allocations
Recommendation
:
Note and file.
Public Comment
: To comment in person, a
YELLOW
Public Comment Card must be
completed and submitted to the City Clerk prior to the comment period. To comment remotely, participants may join via Zoom (using the link on the agenda or by calling 818-238-3335).
Remote commenters must join the queue to speak using the “raise hand” feature in Zoom prior to the comment period.
Council Action
:
Attachments
:
SR - Metrolink Station Coalition Efforts
Burbank City Council Meeting Agenda
July 28, 2026
4 Q.
Council Comments
: (Including reporting on Council committee assignments, attendance at conferences, regional meetings, and community events)
R.
Consideration of Previously Introduced Additional Agenda Items : (Council Members may
briefly discuss future agenda item requests)
1. Council Member Rizzotti’s request for a report regarding data centers, including their qualification criteria, whether they are allowed by right under the City’s zoning regulations, and their potential impact. (July 21, 2026)
S.
Introduction of Additional Agenda Items
: (Council Members may request future agenda items)
T.
Adjournment
: To Tuesday, August 11, 2026, for a Regular Meeting in the Council Chamber –
275
East Olive Avenue, Second Floor.
Burbank City Council Meeting Agenda
July 28, 2026
5 1
STAFF REPORT
DATE: July 28, 2026
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director
VIA: Fred Ramirez, Asst. Community Development Director – Planning Scott Plambaeck, Planning Manager
Amanda Landry, Principal Planner
Greg Mirza-Avakyan, Senior Planner
BY: Fatima Benitez, Associate Planner
SUBJECT: Review of Updates to the Accessory Dwelling Unit Ordinance
RECOMMENDATION
Note and file.
BACKGROUND
The State of California regulates the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (“JADUs”) in all single -family and multifamily residential zones. Over the last five years, eight amendments have been adopted. To ensure consistency with the S tate regulations, Planning staff monitor legislative actions and prepare regular updates to the City’s regulations and development standards related to ADUs and JADUs (ADU Program). The most recent update to the City’s ADU Program was adopted by the City Council on November 7, 2023, to ensure consistency with two state bills from the 2022 legislative session: Senate Bill 897 and Assembly Bill 2221.
Since the City’s 2023 update to its ADU regulations , the California Legislature has enacted additional amendments to State ADU and JADU law , and the California Department of Housing and Community Development (“HCD”) 1 has issued updated 1 HCD is responsible for monitoring local compliance with State ADU Law (Cal. Gov’t Code §65585(j)(15)).
COMMUNITY
DEVELOPMENT
Study Session
Item #1
guidance regarding the interpretation of State ADU l aw. Although Planning staff has 6 2
previously prepared minor updates to the City’s ADU regulations to maintain consistency with state law, the extent of the amendments from the 2023, 2024 and 2025 legislative sessions, combined with HCD’s recently released 2026 ADU Handbook (Attachment 1) and recent technical assistance letters issued to other jurisdictions (Attachment 2) , required a more comprehensive update of the City’s ADU Program to ensure compliance with current statutory requirements within State ADU Law.
On December 5, 2025, the City received a technical assistance letter from HCD requesting that the City demonstrate how the current ADU Program complies with state law or provide a timeline for bringing the City’s ADU Program into compliance (Attachment 3). Staff responded to HCD and indicated that the City was in the process of prepar ing amendments to the ADU Program, with adoption anticipated by mid-to-late summer of 2026. Draft updates to the City’s ADU Program were submitted to HCD for preliminary review on February 26, 2026, and HCD responded on April 3, 2026, with a comment letter (Attachment 4) identifying additional modifications to ensure consistency with State ADU Law.
As part of its review, HCD confirmed its most recent interpretation of State ADU Law (“HCD Interpretation”) indicating that jurisdictions with a local ADU program must allow up to four ADUs on a lot with a single family dwelling in the following combination: one ADU approved under the local ADU program in addition to up to two ADUs and one JADU that must be approved under Government Code (“GC”) Section 66323 (collectively, “66323 Units”) (Attachment 5). Under Government Code Section 66323, local agencies must ministerially approve 66323 Units , without applying any local development standards. Prior to this HCD I nterpretation, it was understood that jurisdictions were required to allow up to three ADUs on a lot with a single -family dwelling in accordance with GC Section 66323, but could deny a fourth ADU under a local ADU program. Now, under HCD I nterpretation, if the City retains its Local ADU Program , the City will be subject to the following requirements:
1) A lot containing a single-family residential unit is eligible to build the following units, in addition to a primary single-family residence:
• One ADU authorized through the City’s local ADU Program (subject to the City’s local development standards); and
• One detached ADU of up to 800 square feet pursuant to GC Section 66323; and
• One conversion ADU created within existing space of the single -family residence or accessory structure pursuant to GC Section 66323; and • One JADU within the existing space of the single-family residence pursuant to GC Section 66323.
7 3
Under the HCD Interpretation, a full buildout on an R -1 (single-family residential) zoned lot in the City could potentially result in four ADUs along with the primary single -family unit, for a total of five residential units on a lot originally developed with a single dwelling unit.
Based on H CD Interpretation, Los Angeles County currently allows applicants to build both 66323 Units and locally authorized ADUs concurrently, demonstrating that the HCD Interpretation is being actively implemented by local agencies throughout California (Attachment 6). Currently, the City maintains its Local ADU Program and staff is therefore processing ADU applications consistent with State ADU Law.
In addition to establishing minimum requirements for ADUs and JADUs, State ADU Law also allows local agencies to adopt ordinances authorizing ADUs to be sold separately from the primary residence as condominiums. In response to a request from Vice Mayor Mullins on May 4, 2026, staff evaluated these State ADU Law provisions and assessed whether adopting regulations authorizing the separate conveyance of ADUs as condominiums would be appropriate for the City. Following this review, staff determined that authorizing the separate sale of ADUs as condominiums is an optional provision under State ADU Law and is not recommended at this time. Allowing the separate sale of ADUs would be inconsistent with the City Council's goals and the General Plan's policies to preserve the character and stability of established residential neighborhoods.
Accordingly, the proposed amendments are limited to those necessary to maintain consistency with State ADU Law and HCD's interpretation.
DISCUSSION
The City of Burbank’s existing policies and legislative platform emphasize supporting Accessory Dwelling Units and Junior ADUs with reasonable limitations to ensure compatibility with existing single-family homes and surrounding neighborhoods. These guiding principles reflect the City’s intent to encourage additional housing opportunities while maintaining the quality, character, and stability of established residential areas. As the City continues balancing local planning priorities with evolving state housing mandates, recent direction from state agencies requires careful consideration. 2) A lot containing an existing or proposed multifamily dwelling is eligible to build the following, in addition to the primary multifamily dwelling:
• At least one ADU within the non -habitable space of an existing multifamily dwelling or up to 25% of the existing multifamily dwelling units; and • Up to two detached ADUs on a lot with a proposed multifamily dwelling; or • Up to eight detached ADUs on a lot with an existing multifamily dwelling, not to exceed the number of existing units on a lot.
8 4
If the City retains a local ADU P rogram and applies the HCD Interpretation, a property could potentially be developed with up to five residential units in a single-family residential zone. Pursuant to State Density Bonus Law ( GC Sections 65915- 65918), housing projects consisting of five or more units may be eligible to seek additional residential density and waivers from the City’s objective development standards, potentially resulting in up to a 100% density bonus.
Taki
ng into consideration the City’s goals, policies and legislative platform, the following options were developed:
Opt
ion 1: Remove the Local ADU Program but Retain the R-1-H and Very High Fire Hazard Severity Zone (VHFHSZ):
Under this option, the City would eliminate its local ADU program, including the options for locally permitted ADUs, while retaining the existing residential horse keeping zone (R- 1-H) and Very High Fire Hazard Severity Zone (VHFHSZ) limitations and applying those provisions to State mandated ADUs authorized pursuant to Government Code Section 66323. These limitations currently restrict the construction to just one ADU, and in case of the horse keeping zone, restrict new ADUs to conversions of certain existing structures.
While this option would preserve specific locally adopted standards previously supported by Council (Attachment 7), there is a risk that HCD could determine that the ordinance remains inconsistent with State ADU Law.
Opt
ion 2: Eliminate the Local ADU Program and Allow Only State Mandated ADUs:
Under this option, the City would repeal the Local ADU Program in its entirety, including the R-1-H and VHFHSZ provisions, and rely exclusively on State ADU Law. This option provides the highest level of certainty that the City’s proposed Ordinance and updates to the ADU Program will comply with State law and receive HCD approval. It also minimizes the potential for additional ADUs beyond those required by state law and reduces the likelihood that a property could reach a unit count that may qualify for additional units under State Density Bonus Law . However, by eliminating the Local ADU Program there will be no local incentives for building ADUs pursuant to local development standards, and all ADUs and JADUs will be built only in accordance with the minimal development standards listed in GC Section 66323.
Opt
ion 3: Retain and Update the Local ADU Program consistent with State ADU Law and the HCD Interpretation:
Under this option, the City would retain the existing R -1-H and VHFHSZ restrictions on local ADUs while updating the remainder of the Local ADU P rogram to address HCD’s comments. Implementing this approach would require additional findings and ordinance revisions, and it may still raise compliance concerns with HCD. This option would also allow the Local ADU Program to be combined with state mandated ADUs, which could result in an R1 zoned lot containing five or more units. A lot with five or more units could 9 5
enable developers to request additional units beyond what is typically allowed for ADUs under State Density Bonus Law.
Opt
ion 4: Retain and Update the Local ADU Program consistent with State ADU Law, but reject the HCD Interpretation:
Under this option, the City would update the Local ADU Program consistent with recent updates to State ADU Law. However, the City would retain its existing interpretation of State ADU Law and reject the recent HCD Interpretation. The Local ADU Program would give residents the option to build an ADU subject to the City’s local development standards (which in some cases, allow larger ADUs than what is authorized under GC Section 66323). However, developers would not be eligible to build a local ADU if the lot contains State-mandated 66323 Units. Option #4 minimizes the potential for building five units on a single-family lot and triggering additional units under State Density Bonus Law, but it will raise compliance concerns with HCD. The City would have to follow the process in GC Section 66326(b)(2)(B) to adopt the local ordinance with findings that explain the reasons the City believes the Local ADU Program complies with State ADU Law. Under this scenario, there is a risk that HCD may disagree with the City's findings and alert the Attorney General, who could pursue enforcement action against the City. Potential consequences include decertification of the Housing Element, the associated statutory penalties, and litigation initiated by either the Attorney General or affected property owners.
Staff
is preparing an Ordinance reflecting Option #1 to be presented to the Planning Commission as a Zone Text Amendment for formal consideration and recommendation .
Following Planning Commission action, the proposed ordinance will be presented to City Council for possible introduction and adoption. Option #1, to eliminate the local program but retain the R -1-H and VHFHSZ, provides the most straightforward path to complying with the HCD Interpretation while facilitating ADU and JADU development that is more compatible with the City’s existing vision for residential zones.
ENVI
RONMENTAL REVIEW
This staff report is for informational purposes about the status of the ADU Ordinance Update and has no potential for resulting in a direct or indirect physical change to the environment and falls outside the definition of a “project” under the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA pursuant to Section 15378 of Title 14 of the California Code of Regulations.
FI
SCAL IMPACT
There is no fiscal impact associated with this report.
CONCL
USION
10 6
If the City applies the HCD Interpretation, retaining the local ADU program would require the City to allow local ADUs in addition to state mandated ADUs authorized under Government Code Section 66323. As a result, the number of residential units permitted on single- family residential lots could increase significantly beyond what the City has previously planned for and contemplated. This increase in residential density could affect the City’s policies regarding development of ADUs that are appropriately scaled and compatible with existing single-family homes and surrounding neighborhoods.
ATT
ACHMENTS
Attachment 1 – March 2026 ADU Handbook
Attachment 2 – City of Port Hueneme – Technical Assistance Letters Attachment 3 – City of Burbank ADU Ordinance Updates - Letter of Technical Assistance Attachment 4 – City of Burbank’s Draft ADU Ordinance Preliminary Review Attachment 5 – HCD Correspondences
Attachment 6 – LA County 2026 ADU Ordinance Amendments
Attachment 7 – Ordinance Nos. 18-3,901; 19-3,928; 20-3,931 11 CAL
IFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
ACCESSORY DWELLING UNIT
HANDBOOK
March 2026
ATTACHMENT 1 - 1
12 2
Table of Contents
ADUs in California ............................................................................................................................. 4 The California Department of Housing and Community Development .......................................... 6 Glossary ............................................................................................................................................. 8 Summary of Recent Changes to ADU Law ..................................................................................... 13 Frequently Asked Questions ........................................................................................................... 20 66323 Units .................................................................................................................................. 20 ADUs ........................................................................................................................................... 23 Bedrooms ..................................................................................................................................... 23 Building Code Violations .............................................................................................................. 23 Certificate of Occupancy .............................................................................................................. 23 Coastal Commission .................................................................................................................... 24 Deed Restrictions ......................................................................................................................... 25 Fees ............................................................................................................................................. 25 Fire Protection and Fire Sprinkler Requirements ............................................................................ 26 Funding ........................................................................................................................................ 27 Height Requirements .................................................................................................................... 28 Homeowners Associations (HOAs) .............................................................................................. 29 Housing Elements and Prohousing Designation ........................................................................... 30 JADUs .......................................................................................................................................... 31 Local ADU Ordinances and Local Agencies ................................................................................. 33 Manufactured Homes ................................................................................................................... 35 Mobilehome Parks ....................................................................................................................... 35 Multifamily ADUs .......................................................................................................................... 35 Nonconforming Zoning ................................................................................................................. 36 Owner-Occupancy ....................................................................................................................... 37 Parking Requirements .................................................................................................................. 37 Permit Applications and Permitting Agencies ............................................................................... 38 Rental Terms ............................................................................................................................... 40 Sales and Separate Conveyance ................................................................................................. 41 Senate Bill 9 (SB 9) (Chapter 162, Statutes of 2021).................................................................... 41 Setbacks ...................................................................................................................................... 41 Size Requirements and Restrictions ............................................................................................. 42 Solar Requirements ..................................................................................................................... 43 Tiny Homes .................................................................................................................................. 44 ATTACHMENT 1 - 2
13 3
Types of ADUs ............................................................................................................................. 44 Unpermitted Structures and ADUs ............................................................................................... 45 Utilities ......................................................................................................................................... 46 Zoning, Development, and Other Standards ................................................................................ 46 Resources ........................................................................................................................................ 49 Changes to State ADU Laws ........................................................................................................ 49 AB 2533 ................................................................................................................................. 51 SB 1211 ................................................................................................................................. 52 SB 477 ................................................................................................................................... 52 AB 976 and AB 1033 .............................................................................................................. 54 AB 1332 ................................................................................................................................. 54 AB 434 ................................................................................................................................... 55 AB 345 ................................................................................................................................... 55 AB 3182 ................................................................................................................................. 55 AB 68, AB 881, and SB 13 ..................................................................................................... 56 AB 587, AB 670, and AB 671 ................................................................................................. 57 Summary Table of Statutory Changes .......................................................................................... 58
ATTACHMENT 1 - 3
14 4
ADUs in California
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are innovative and effective options for adding much needed housing in California. Since 2016, State ADU Laws have continued to evolve to further lower barriers to the development of more affordable housing as the Legislature works to address the housing crisis across the state. As these laws change, HCD’s goal is to ensure consistency and clarity in the application of these laws through education, technical assistance, and enforcement. 1 Benefits of ADUs
ADUs provide a wide range of benefits, including:
• ADUs are an affordable type of home to construct in California because they do not require paying for land, major new infrastructure, structured parking, or elevators. • ADUs can provide a source of income for homeowners.
• ADUs are often built with cost-effective wood frame construction, which is significantly less costly than homes in new multifamily infill buildings. • ADUs allow extended families to be near one another while maintaining privacy. • ADUs can provide as much living space as many newly built apartments and condominiums, and they’re suited well for individuals, couples, small families, friends, young people, and older adults.
• ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing older adults to age in place.
Indeed, Californians are increasingly recognizing the benefits of ADUs, and ADUs are making a difference. Between 2016-2024, the number of ADUs permitted annually in the state grew from 1,336 to 30,354, a 20-fold increase. In 2024, ADUs comprised more than 26.6 percent of all homes permitted statewide.
A
DUs as an Infill Development Strategy
ADUs are, by definition, created in areas that are already developed but where land may be underutilized. Moreover, restrictions on parking requirements for ADUs that are located near transit create further incentives to build ADUs, particularly in places that provide easy access to jobs and other amenities, further reducing reliance on vehicles.
As a result, ADU construction is a key infill development strategy that contributes to, among other things, reducing greenhouse gas emissions and improving air quality by reducing the distance people need to travel; reducing conversion of agricultural land, sensitive habitat, and open space for new development; reducing costs to build and maintain expensive infrastructure; and facilitating healthy and environmentally friendly active transportation.
1 This updated ADU Handbook references the law as amended by recent legislation that went into effect on January 1, 2026.
ATTACHMENT 1 - 4
15 5
In light of changing laws around ADUs and the growing importance of this housing type, HCD has updated this ADU Handbook and continues to be committed to facilitating housing production at all income levels.
ATTACHMENT 1 - 5
16 6
The California Department of Housing and
Community Development
With the vision that one day, every California resident can live, work, and play in healthy communities of opportunity, it is the mission of HCD to provide safe, affordable homes and vibrant, inclusive, sustainable communities for all Californians. HCD accomplishes this by increasing and preserving the supply of affordable places to live in California and by creating effective solutions to the housing crisis through policy and research.
H
ousing Accountability Unit
California’s housing crisis has reached historic proportions despite the passage of numerous laws intended to increase the supply of housing affordable to Californians at all income levels.
As part of the 2021-2022 state budget, HCD received additional staff to grow its accountability efforts and formed the Housing Accountability Unit (HAU). While education and technical assistance are always the first step in HCD’s accountability efforts, the HAU holds jurisdictions accountable for meeting their housing element commitments and complying with state housing laws. Violations of state housing laws, including State ADU Law, may lead to consequences, including revocation of housing element certification and referral to the California Office of the Attorney General.
T
echnical Assistance
There may be uncertainty, or a need for education at the local level about how to comply with state law, especially as state laws evolve. HCD provides technical assistance to property owners and developers who are seeking to create ADUs, as well as to advocates, local agencies, and other interested parties.
Any questions regarding the application of State ADU Law may be submitted to HCD via the online ADU Portal. Please provide as much detail as possible in the online form. HCD may request additional information, including, but not limited to denials and communications from the local agency.
Local agencies seeking assistance or submitting an ADU ordinance to HCD, must also use the online portal.
For questions beyond what this Handbook provides, stakeholders are encouraged to contact their local permitting agency (e.g., city or county) or private attorney.
Enforcement of State ADU Law
Since 2016, HCD has had statutory authority to review local agencies’ ADU ordinances, and as of January 1, 2024, HCD also has the authority to enforce all State ADU Laws.
HCD’s ADU team reviews local ordinances for compliance with State ADU Law and sends findings letters and, when necessary, may escalate its enforcement. To ensure consistency, the HAU works closely with other HCD divisions.
ATTACHMENT 1 - 6
17 7
The ADU team is committed to supporting the public, local agencies, and partner agencies with understanding and complying with State ADU Law.
ATTACHMENT 1 - 7
18 8
Glossary
66323 Units
One of the four delineated types of ADUs (and JADUs) that must be permitted pursuant to Government Code section 66323. Source: Government Code section 66323 A
ccessory Dwelling Unit (ADU)
An attached or a detached residential 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. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is, or will be, situated.
An ADU also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
Sour
ce: Government Code section 66313, subdivision (a)
A
ccessory Structure
A structure that is accessory and incidental to a dwelling located on the same lot. Source:
Government Code section 66313, subdivision (b)
Applicant
The person or party responsible for the submittal of an application seeking a permit.
A
pplication
A formal request to perform work, which includes all information as required.
Certificate of Occupancy
A document issued by local California Building and Safety departments which certifies that a commercial space or newly constructed residential building has been inspected for compliance with the California Building Standards Code and local ordinances which govern construction and occupancy. Source: 2025 California Residential Code section R110 Com
mon Interest Development
Any of the following:
(a) A community apartment project.
(b) A condominium project.
(c) A planned development.
(d) A stock cooperative.
Source: Civil Code section 4100
C
ovenants, Conditions, and Restrictions (CC&Rs)
A set of rules governing the use of a certain piece of real estate in each community. “Governing documents” includes declarations, bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation of the common interest ATTACHMENT 1 - 8
19 9
development or association. Source: Civil Code section 4150
Efficiency Dwelling Unit
A dwelling unit which contains a minimum of 190 square feet in living space, a separate closet, kitchen sink, cooking appliance, refrigerator, and a separate bathroom containing a water closet, lavatory, bathtub, or shower. Source: Government Code section 66313, subdivision (a)(1); 2025 California Building Code section 1208.4
Habitable Space
A space in a building for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. Source: 2025 California Building Code section 202.
High Quality Transit Corridor
A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. Source: Public Resources Code section 21155, subdivision (b)
Impact Fee
“Impact fee” has the same meaning as the term “fee” as defined in subdivision (b) of Section 66000, and includes the fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. Source: Government Code section 66311.5, subdivision (c)(2)
Interior Livable Space
A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. Livable space includes bedrooms, bathrooms, kitchens, laundry rooms, closets, and interior stairs. Source: Government Code section 66313, subdivision (e)
Junior Accessory Dwelling Unit (JADU)
A unit that is no more than 500 square feet in interior livable space and contained entirely within a single-family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. Source: Government Code section 66313, subdivision (d)
Living Area
The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. Source: Government Code section 66313, subdivision (f)
Local Agency
A city, county, or city and county, whether general law or chartered. Source: Government Code section 66313, subdivision (g)
Major Transit Stop
A site containing any of the following:
ATTACHMENT 1 - 9
20 10
(a) An existing rail or bus rapid transit station.
(b) A ferry terminal served by either a bus or rail transit service. (c) The intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods.
Source: Public Resources Code section 21064.3
Manufactured Home
A structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Source: Health and Safety Code section 18007, subdivision (a)
Ministerial Approval
Considered and approved without discretionary review or a hearing. Source: Government Code section 66317, subdivision (a)
Multifamily Dwelling
For the purposes of State ADU Law, a structure with two or more attached dwelling units on a single lot is considered a multifamily dwelling structure. Multiple detached single-family dwelling units on the same lot are not considered multifamily dwelling units for the purposes of State ADU Law. Please note, this does not affect the number of units allowable under Government Code section 66323, subdivision (a)(4), which allows ADUs on a lot with a multifamily dwelling structure, but requires the ADUs to be detached from the multifamily dwelling structure, not within the multifamily dwelling structure.
Nonconforming Zoning Condition
A physical improvement on a property that does not conform with current zoning standards.
Source: Government Code section 66313, subdivision (h)
Objective Standards
Standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant or proponent and the public official prior to submittal.
Source: Government Code section 66313, subdivision (i)
Passageway
A pathway that is unobstructed, clear to the sky, and extends from a street to one entrance of the ADU. Source: Government Code section 66313, subdivision (j)
Permitting Agency
Any entity that is involved in the review of a permit for an ADU or JADU, and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. Source: Government Code section 66313, ATTACHMENT 1 - 10
21 11
subdivision (k)
Planned Development
A real property development other than a community apartment project, a condominium project, or a stock cooperative, having either or both of the following features:
(a) Common area that is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
(b) Common area and an association that maintains the common area with the power to levy assessments that may become a lien upon the separate interests in accordance with Article 2 (commencing with Section 5650) of Chapter 8. Source:
Civil Code section 4175
Proposed Dwelling
A dwelling that is the subject of a permit application and meets the requirements for permitting. Source: Government Code section 66313, subdivision (l)
Public Transit
A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. Source: Government Code section 66313, subdivision (m)
Qualified Buyer
Persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. Source: Government Code section 66340, subdivision (a); Health and Safety Code section 50093
Qualified Nonprofit Corporation
A nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. Source: Government Code section 66340, subdivision (b)
Reasonable Restrictions
Restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an ADU or JADU.
Reasonable restrictions shall not include any fees or other financial requirements. Source:
Civil Code section 4751, subdivision (b), and Civil Code section 714.3, subdivision (b)
Single-Family Dwelling
For the purposes of State ADU Law, a single-family dwelling is a single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and existing as a separate interest of real property, such as a detached single-family dwelling or a townhouse.
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Substandard Building
Any building or portion thereof, or premises on which the building is located, in which there exists any of a long list of conditions that endanger the life, limb, health, property, safety, or welfare of the public or occupants thereof. Source: Health and Safety Code section 17920.3
Tandem Parking
Two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another. Source: Government Code section 66313, subdivision (n) ATTACHMENT 1 - 12
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Summary of Recent Changes to ADU Law
In Government Code section 66310,
subdivision (d), the California Legislature
declared that allowing ADUs in zones
that allow single-family and multifamily
uses provides additional rental housing
and is an essential component in
addressing California’s housing needs.
Over the years, State ADU Law has been
revised to improve its effectiveness in
creating more housing units. Major
changes to State ADU Law between
2023 and 2026 further reduced barriers
to the development of ADUs and JADUs.
Within this context, HCD developed –
and continues to update – this Handbook
to assist local governments, homeowners, attorneys, architects, and the public in understanding and applying the requirements of state law. Below is a summary of recent legislation that amended State ADU Law.
Please visit https://leginfo.legislature.ca.gov for the complete statutory changes.
All local permitting agencies and interested parties should review the amendments to California law, effective between 2023 and 2026, regarding the creation of ADUs and JADUs.
2022 legislation includes the following changes to State ADU Law (effective January 1, 2023):
Assembly Bill (AB) 2221 (Chapter 650, Statutes of 2022, Section 1) and Senate Bill (SB) 897 (Chapter 664, Statutes of 2022, Sections 2.5, 4, 5, and 6) built upon recent changes to State ADU and JADU Law and further addressed barriers to the development of ADUs and JADUs.
Due to SB 897 being chaptered after AB 2221, section 2.5 of SB 897 incorporated amendments to ADU Law proposed by both SB 897 and AB 2221.
• Objective Standards. Requires local agencies to only impose objective standards on ADUs, which “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal” of an ADU permit application. (Gov. Code, § 66313, subd. (i). See also Gov. Code, §§ 66314, subd. (b)(1); 66323, subd. (g).) • Detached Garages. Allows ADUs detached from the proposed or existing primary dwelling, including in detached garages (Gov. Code, § 66314, subd. (d)(3)). • Occupancy Change. Provides that the construction of an ADU does not constitute a Group R occupancy change under the local building code, unless the local agency makes a ATTACHMENT 1 - 13
24 14
written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety (Gov. Code, § 66314, subd. (d)(8)).
• Fire Sprinklers. Precludes ADU construction from triggering a requirement that fire sprinklers be installed in the existing primary dwelling (Gov. Code, § 66314, subd. (d)(12)). • Permitting Process. Requires a permitting agency to either approve or deny (replacing the former language “act on”) an application to create or serve an ADU or JADU within 60 days from when a completed application is received, if there is an existing single-family or multifamily dwelling on the lot (Gov. Code, §§ 66317, subd. (a)(3); 66335, subd. (a)(3)). • Concurrent Permitting. Clarifies that permitting agencies may concurrently approve or deny a proposed ADU and new single-family or multifamily dwelling when submitted simultaneously for permitting. The application for the ADU shall be considered without discretionary review or hearing. Clarifies that permitting agencies may concurrently approve or deny a proposed JADU and new single-family dwelling when submitted simultaneously for permitting. (Gov. Code, §§ 66317, subd. (a)(3); 66335, subd. (a)(3).) • Permitting Agency Denials. Obligates a permitting agency, when it denies an ADU or JADU application, to “return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant” within 60 days from when a completed application is received. (Gov. Code, §§ 66317, subd. (b); 66335, subd. (b).)
• Demolition Permits. Adds a requirement for a local agency to review and issue a demolition permit for “a detached garage that is to be replaced with an ADU” at the same time it reviews, and issues permits for, the ADU construction. (Gov. Code, § 66314, subd. (e).) Also prohibits permitting agencies requiring applicants to “provide written notice or post a placard for the demolition of a detached garage ... unless the property is located within an architecturally and historically significant district.” (Gov. Code, § 66314, subd. (f).) • Zoning & Setbacks. Prohibits a local agency from requiring “a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.” (Gov. Code, § 66321, subd. (b)(3).) • Detached ADU Height Allowances. Establishes a base height limitation of 16 feet for detached ADUs (Gov. Code, § 66321, subd. (b)(4)(A)). Increases the maximum height limitation on a detached ADU to 18 feet if the ADU is “either within a half-mile walking distance of a major transit stop or a high-quality transit corridor” and provides for an additional two feet for roof pitch to align with the roof pitch of the primary dwelling unit.” (Gov. Code, §§ 66321, subd. (b)(4)(B); 66323, subd. (a)(2)(B).) Increases the height to 18 ATTACHMENT 1 - 14
25 15
feet for a detached ADU that is “on a lot with an existing or proposed multifamily, multistory dwelling.” (Gov. Code, § 66321, subd. (b)(4)(B).)
• Attached ADU Height Allowances. Establishes the maximum height limitation that may be imposed by a local agency on an attached ADU to 25 feet, or the existing primary dwelling height limit if lower than 25 feet. Does not require a local agency to allow an ADU to exceed two stories (Gov. Code, § 66321, subd. (b)(4)(D)). • Parking Requirements. Prohibits local agencies from imposing parking in a number of specific circumstances (Gov. Code, § 66322, subd. (a)). • Zoning Nonconformance & Building Code Violations. Prohibits local agencies from denying an ADU permit due to the correction of “nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.” (Gov. Code, § 66322, subd. (b).) The prohibition was also added to Government Code section 66336 to apply to JADUs.
• Multifamily Dwellings. Prohibits a permitting agency from requiring “any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit” if the existing multifamily dwelling has “a rear or side setback of less than four feet...” (Gov. Code, § 66323, subd. (a)(4)(B)). • Permitting Agency Definition. Adds definition of a permitting agency as “any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.” (Gov. Code, § 66313, subd. (k).)
• Unpermitted ADUs. Precludes a local agency from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, because the ADU violates building standards or because the ADU does not comply with State ADU Law or a local ordinance. (Gov. Code, § 66311.7, subd. (a).) This prohibition does not apply if the local agency makes a finding that “correcting the violation is necessary to protect the health and safety of the public or occupants of the structure” (Gov. Code, § 66311.7, subd. (b)) or to a building that is deemed substandard pursuant to Health and Safety Code section 17920.3 (Gov. Code, § 66311.7, subd. (c)).
• Enclosed Uses. Considers enclosed uses within the residence, such as attached garages, to be “a part of the proposed or existing single-family residence” for the purposes of JADUs (Gov. Code, § 66333, subd. (d)).
• JADU Separate Entrance. Requires a JADU without a separate bathroom to “include a separate entrance from the main entrance to the proposed JADU, with an interior entry to the main living area.” (Gov. Code, § 66333, subd. (e)(2).) ATTACHMENT 1 - 15
26 16
2023 legislation includes the following changes to State ADU Law (effective January 1, 2024):
A
B 976 (Chapter 751, Statutes of 2023) and AB 1033 (Chapter 752, Statutes of 2023) made changes to State ADU Law. AB 1332 (Chapter 759, Statutes of 2023) added Government Code section 65852.27 to expedite the approval of ADUs. AB 434 (Chapter 740, Statutes of 2023) modified Government Code section 65585 to require enforcement of State ADU Law, the legalization of unpermitted ADUs, and lot split / duplex laws, among others.
• Owner Occupancy. Removes the existing 2025 sunset of the prohibition on owner- occupancy requirements and instead mandates no owner-occupancy requirement for ADUs (Gov. Code, § 66315). Authorizes a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU(s) as condominiums (Gov.
Code, § 66342).
• Pre-Approved ADU Plans. Requires the local agency to develop a program for the preapproval of ADU plans by January 1, 2025. The local agency shall accept ADU plan submissions for preapproval from any party and shall approve or deny applications pursuant to standards established in Government Code sections 66314-66331. The local agency shall post preapproved ADU plans and the contact information of the applicant on the local agency’s website. The local agency may also post plans pre-approved by other local or state agencies. (Gov. Code, § 65852.27.)
•
Enforcement Authority. Amends Government Code section 65585, subdivision (j), by adding to the list of laws about which HCD is authorized to notify a local jurisdiction or the Attorney General when the local jurisdiction fails to comply with those laws, including Chapter 13 (commencing with Section 66310) and Government Code sections 65852.21, 65852.24, 65852.28, 65913.4.5, and 66411.7, among others.
2024 legislation includes the following changes to State ADU Law (effective March 27, 2024, and January 1, 2025):
SB 4
77 (Chapter 7, Statutes of 2024) made changes to the numbering of the government code sections related to ADU and JADU Law. AB 2533 (Chapter 834, Statutes of 2024) and SB 1211 (Chapter 296, Statutes of 2024) made changes to State ADU Law.
• Updated Government Code Sections. Government Code sections related to ADU and JADU law were updated from 65852.2, 65852.22, 65852.23, and 65852.26 to Government Code sections 66310-66342.
• Unpermitted ADUs and JADUs. Changes the date from January 1, 2018, to January 1, 2020, such that a local agency is precluded from denying a permit for an unpermitted ADU that was constructed before January 1, 2020, because the ADU violates building standards or because the ADU does not comply with State ADU Law or a local ordinance. (Gov.
Code, § 66311.7, subd. (a).) A local agency shall inform the public about the provisions of this section through public information resources, including permit checklists and the local agency’s internet website, which shall include both of the following: (1) a checklist of the ATTACHMENT 1 - 16
27 17
conditions specified in Section 17920.3 of the Health and Safety Code that would deem a building substandard, and (2) information that, before applying for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before applying for a permit. (Gov. Code, § 66311.7, subd. (d)(1), (d)(2).)
• O bjective Standards. Prohibits a local agency from imposing any objective development standards on 66323 Units that are not authorized by the provisions of Government Code section 66323, subdivision (a).
• Livable Space. Defines “livable space” as a space in a dwelling intended for human habitation, as the term appears in Government Code sections 66313, subdivision (e), and 66323, subdivision (a)(3)(A).
• Uncovered Parking. Specifies that uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced.
• Detached ADUs. Authorizes up to eight detached ADUs on a lot with an existing multifamily dwelling, provided that the number of ADUs does not exceed the number of existing units on the lot.
2025 legislation includes the following changes to State ADU Law (effective June 30, 2025, October 10, 2025, and January 1, 2026):
A
B 1154 (Chapter 507, Statutes of 2025), SB 9 (Chapter 510, Statutes of 2025), SB 543 (Chapter 520, Statutes of 2025), AB 462 (Chapter 491, Statutes of 2025), and AB 130 (Chapter 22, Statutes of 2025) made various changes to State ADU Law.
• Updated and Added Government Code Sections. Government Code sections related to ADU and JADU Law were updated from 66324, 66327, and 66332 to sections 66311.5, 66313.5, and 66311.7, respectively. Additionally, Government Code section 66333.5 was added.
• J ADU Owner Occupancy. Clarified that if a JADU has shared sanitation facilities with the primary structure, owner-occupancy will be required. If the JADU does not have shared sanitation facilities, owner occupancy will not be required (Gov. Code, § 66333, subd. (b)). Additionally, made changes that stipulate JADUs can no longer be used as short-term rentals and, if rented, must now be rented for longer than 30 days (Gov.
Code, § 66333, subd. (g)).
• Local Ordinance Requirements. Clarified that if a local agency fails to submit an adopted ADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding its ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when permitting ADUs (Gov.
Code, § 66326, subd. (d)). Additionally, section 66333.5 was added, which specifies that if a local agency fails to submit an adopted JADU ordinance to HCD within the 60- ATTACHMENT 1 - 17
28 18
day timeline or fails to respond to HCD’s findings regarding their ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when processing applications for JADUs.
• Application Requirements. Required a permitting agency to determine whether an application for an ADU or JADU is complete and provide written notice of the determination no later than 15 business days after the permitting agency received the application (Gov. Code, § 66317, subd. (a)(2)(A)). If an application is determined to be incomplete, the permitting agency must provide the applicant with a list of incomplete items and a description of how the application can be made complete in the written notice (Gov. Code, § 66317, subd. (a)(2)(B)). If a permit application is determined to be incomplete or is denied, the permitting agency must provide a process for an applicant to appeal the incompleteness determination or denial and the permitting agency must provide a final written determination no later than 60 business days after receipt of the written appeal (Gov. Code, § 66317, subd. (d)(1)).
• Applications in the Coastal Zone. Clarified application processing when in the coastal zone by requiring a local government or the Coastal Commission, as specified, to either approve or deny a coastal development permit application for an ADU within 60 days of receiving a completed application (Gov. Code, § 66329, subd. (a)).
• Size Limitations. Revised size limitations to be based on the square footage of interior living space of an ADU or JADU (Gov. Code, §§ 66321, subds. (b)(2) and (b)(3); 66313, subd. (d)).
• Fees. Specified that an ADU or JADU that contains less than 500 square feet of interior livable space does not increase assessable space. Revised the limitations on impact fees to prohibit impact fees on the development of an ADU that has 750 square feet of interior livable space or less or a JADU that has 500 square feet of interior livable space or less, and to require that any impact fee on an ADU that has more than 750 square feet of interior livable space be charged proportionately in relation to the square footage of the primary dwelling unit (Gov. Code, § 66311.5, subd. (c)).
• Expanded HCD Authority. Expanded HCD’s authority over Chapter 13 of Division 1 of Title 7 of the Government Code, to review, adopt, amend, or repeal guidelines to additionally grant that authority with respect to terms, references, and standards for JADUs (Gov. Code, § 66313.5).
• JADUs and Fire Sprinklers. Clarifies that fire sprinklers are not required for a JADU if the primary residence does not have fire sprinklers and that the addition of a JADU cannot trigger the requirement for fire sprinklers (Gov. Code, § 66323, subd. (d)).
• Unit Combinations. Specifies the number of allowable ADUs described under Government Code section 66323 per lot (Gov. Code, § 66323, subd. (a)).
ATTACHMENT 1 - 18
29 19
• Certificate of Occupancy. Requires a local agency to issue a certificate of occupancy for an ADU constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, even if the primary dwelling has not yet been issued a certificate of occupancy, if certain requirements are met, including that the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation (Gov. Code, § 66328).
• Reasonable Restrictions. Specifies that reasonable restrictions in covenants, restrictions, and conditions, as described in the Civil Code, shall not include any fees or other financial requirements (Civil Code, § 714.3, subd. (b)).
• Objective Standards. Removes Government Code section 66323, subdivision (g), which allowed the imposition of objective standards on ADUs in multifamily dwelling structures if the local agency had adopted an ADU ordinance by July 1, 2018.
For additional summaries of ADU legislation, please see the Resources section.
ATTACHMENT 1 - 19
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Frequently Asked Questions
66323 Units
What are “66323 Units”?
HCD uses the term “66323 Units” to refer to ADUs and JADUs that are created pursuant to Government Code section 66323. They have also been referred to as “State mandated” or “State exempt” ADUs. Government Code section 66323 creates four categories of ADUs (and JADUs) that must be approved ministerially and are only subject to standards set forth in Government Code section 66323.
(Gov. Code, § 66323, subd. (b).) For example, 66323 Units do not have to comply with lot coverage, front setbacks, and design standards. However, these ADUs must comply with building code and health and safety requirements for dwellings. The four categories are:
1. Single-Family Converted ADUs and JADUs
One ADU per lot is permitted within the converted space of a proposed or existing single-family dwelling or accessory structure. This type of ADU must have exterior
access and setbacks for fire and safety but is not subject to a four-foot side and rear yard setback. (Gov. Code, § 66323, subd. (a)(1).)
ADUs converted from accessory structures are eligible for a 150 square-foot expansion to accommodate ingress and egress. For example, if a second story from a single- family dwelling is converted into an ADU, a stairwell of not more than 150 square feet could be added, among other types of ingress and egress configurations that comply with the local building standards. (Gov. Code, § 66323, subd. (a)(1)(A).)
In addition, one JADU per lot is permitted within the proposed or existing space of a single-family dwelling or accessory structure and must have exterior access, side and rear setbacks for fire and safety. (Gov. Code, § 66323, subd. (a)(1).) JADUs must also comply with the provisions of JADU Law found in Government Code sections 66333- 66339. For the purposes of constructing a JADU, attached garages are part of a single- family dwelling. (Gov. Code, § 66333, subd. (d).)
For more information, please see the Handbook section on JADUs.
2. Single-Family Detached ADUs
One detached new construction ADU that does not exceed four-foot side and rear yard setbacks is permitted on lots with an existing or proposed single-family dwelling (Gov.
Code, § 66323, subd. (a)(2)). The maximum unit size is 800 square feet with a height limitation of 16, 18, or 20 feet depending on conditions specified in Government Code section 66321, subdivision (b)(4). (Gov. Code, § 66323, subd. (a)(2)(B).)
3. Multifamily Converted ADUs
ADUs may be created within the portions of existing multifamily structures that are not ATTACHMENT 1 - 20
31 21
used as livable space (Gov. Code, § 66323, subd. (a)(3)(A)). Local agencies shall allow at least one ADU within an existing multifamily dwelling and up to 25 percent of the existing multifamily dwelling units (Gov. Code, § 66323, subd. (a)(3)(B)). Examples of structures that are not used as livable space include, but are not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages (Gov. Code, § 66323, subd. (a)(3)(A)).
4. Multifamily Detached ADUs
Up to two detached ADUs are allowed on a lot that has a proposed multifamily dwelling, or up to eight detached ADUs are allowed on a lot with an existing multifamily dwelling, not to exceed the number of existing units on the lot. These ADUs are subject to four- foot rear and side yard setbacks and height limits of 16, 18, or 20 feet depending on conditions specified in Government Code section 66321, subdivision (b)(4). (Gov. Code, § 66323, subd. (a)(4)(A).) A local agency may not require that a setback be modified for an existing multifamily dwelling with setbacks less than four feet as a condition of ADU application approval (Gov. Code, § 66323, subd. (a)(4)(B)).
The local agency must allow the four categories of ADUs listed above to be combined.. For example, pursuant to Government Code 66323, subdivision (a), local governments must allow units created pursuant to subparagraphs (1) and (2) together or (3) and (4) together. This means that on single-family lots, local agencies must allow at least one ADU constructed from existing space, one JADU, and one newly constructed detached ADU. For multifamily lots, local agencies must permit at least one ADU constructed from existing non-livable space (or up to 25 percent of the number of multifamily units), and two detached ADUs.
Allowable 66323 ADU Combinations
All formats listed below may be combined as explained in the preceding section
Single-Family
Primary Dwelling
Multifamily
Primary Dwelling
Gov. Code, §
66323, subd.
(a)(1)
ADU
constructed
from
proposed or
existing space
• Sometimes referred to as
“Conversions,” “Interior,”
“Created within.”
• May expand 150 square feet
from the existing accessory
structure for ingress and egress.
• Must have exterior access.
Does not apply
Gov. Code, §§
66323, subd.
(a)(1);
66333-66339
JADUs
• C reated within existing or
proposed dwelling.
• 500 square-foot interior livable
space maximum.
• May be created from within
attached garage.
Does not apply
ATTACHMENT 1 - 21
32 22
Gov. Code, §
66323, subd.
(a)(2)
New
construction
detached
• May be in front setback.
• 800 square-foot interior livable
space maximum.
Does not apply
Gov. Code, §
66323, subd.
(a)(3)(A)
Constructed
in existing
space not
used as
livable
Does not apply
• E xisting non -livable space (e.g., gyms,
enclosed parking, etc.) within the
multifamily structure.
• Allows at least one ADU or up to 25% of
existing primary units.
Gov. Code, §
66323, subd.
(a)(4)
Detached
from primary
dwelling
Does not apply
• U p to two units detached from proposed
primary dwelling, or
• Up to eight units detached from existing
primary dwelling, not to exceed the number
of existing units on the lot.
• Four-foot side and rear setbacks.
In addition to the units described in Government Code section 66323, a local agency must allow at least one unit described in Section 66314, and may impose objective development and design standards on such units.
What design, zoning, or other local standards can be imposed on 66323 Units?
A local agency may not impose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.).
Additionally, rentals of 66323 ADUs and JADUs must be for terms longer than 30 days. (Gov.
Code, §§ 66323, subd. (e); 66333, subd. (g).) Fire sprinklers are not required for the ADU if not required for the primary residence, and the construction of an ADU or JADU may not trigger the requirement for fire sprinklers in an existing multifamily dwelling. (Gov. Code, § 66323, subd. (d).)
Can a 66323 ADU created by converting an existing accessory structure be expanded? Yes. An ADU created within the existing space of an accessory structure can be expanded beyond the physical dimensions of the structure up to 150 square feet solely for the purpose of accommodating ingress and egress. (Gov. Code, § 66323, subd. (a)(1)(A).) An example is the construction of a staircase to reach a second story ADU. The ADUs shall conform to setbacks sufficient for fire and safety. (Gov. Code, § 66323, subd. (a)(1)(C).)
NOTE: A JADU may be created within the walls of a single-family residence and not within an accessory structure.
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For more information regarding 66323 multifamily accessory units, please see Multifamily ADUs.
ADUs
What is an ADU?
An ADU is accessory to a primary residence and has complete independent living facilities for one or more persons. ADUs are either “detached from,” “attached to,” or located within the proposed or existing primary dwelling. This includes attached garages, storage areas or similar spaces, and accessory structures. The ADU can also be detached from the proposed or existing primary dwelling, including detached garages, provided it is located on the same lot. (Gov. Code. §§ 66313, subd. (a); 66314, subd. (d)(3).)2
Bedrooms
Can a limit on the number of bedrooms in an ADU be imposed? 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 a constraint on the development of ADUs (Gov. Code, § 65008). Building standards for minimum bedroom size still apply.
Can an ADU have no bedrooms?
A limit on the number of bedrooms could be construed as a discriminatory practice towards protected classes, such as familial status, (Gov. Code, § 65008) and could also unreasonably restrict the ability of homeowners to create ADUs (Gov. Code, § 66311). Additionally, efficiency units, which are an allowable type of ADU, are not required to have bedrooms. (Gov. Code, § 66313, subd. (a)(1).) Building standards for minimum bedroom size still apply.
Building Code Violations
Can an ADU application be denied due to building code violations? An ADU application pursuant to Government Code section 66314 may be denied due to building code violations on the primary unit only if the violations present a threat to public health and safety and are affected by the construction of the ADU (Gov. Code, § 66322, subd. (b)). However, all ADUs must comply with building code and health and safety requirements for dwellings.
Certificate of Occupancy
Can a Certificate of Occupancy for an ADU be issued without a Certificate of Occupancy being issued for the primary dwelling first?
Only under specific circumstances. A local agency can issue a certificate of occupancy for an
2 Note that certain federal financing programs mentioned in the section on “Funding,” below, may have different definitions of an ADU.
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ADU constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, even if the primary dwelling has not yet been issued a certificate of occupancy, if certain requirements are met, including that the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation (Gov. Code, § 66328).
Coastal Commission
Do state ADU laws apply to jurisdictions located in the California Coastal Zone? Yes. ADU laws apply to jurisdictions in the California Coastal Zone, but do not alter or lessen the effect or application of Coastal Act resource protection policies (Gov. Code, § 66329).
Coastal localities should seek to harmonize the goals of protecting coastal resources and addressing housing needs of Californians. For example, localities should amend Local Coastal Programs for California Coastal Commission review to comply with the California Coastal Act and new State ADU Laws. For more information, see the California Coastal Commission 2022 Memo and reach out to the local Coastal Commission district office.
What is the application process in the California Coastal Zone? When a certified local coastal program contains provisions r egarding ADUs, Aa local agency
shall either approve or deny a coastal development permit application for an ADU within 60 days of receiving a completed application, if there is an existing primary dwelling, and shall not be required to hold public hearings for coastal development permit applications for ADU. The process to approve or deny a coastal development permit application shall happen concurrently with the process to approve or deny an application for an ADU under Section 663
17 (Gov. Code, § 66329, subd. (a)).
When a certified local coastal program does not contain provisions regarding ADUs, the California Coastal Commission’s review process to approve or deny a coastal development permit application shall happen concurrently with the process to approve or deny an application for an ADU under Section 66317, provided that the California Coastal Commission has received a completed application for a coastal development permit pursuant to Section 65943 (Gov. Code, § 66329, subd. (b)(3)). If the California Coastal Commission has not approved or denied the completed coastal development permit application for the ADU within 60 days, and there is an existing primary dwelling, the application shall be deemed approved (Gov. Code, § 66329, subd. (b)(5)).
Can the California Coastal Commission delay a permit for an ADU? Yes. If the coastal development permit application to create or serve an ADU is submitted with a coastal development permit application to create or serve a new single-family or multifamily dwelling on the lot, the California Coastal Commission may delay approving or denying the coastal development permit application for the ADU until the California Coastal Commission approves or denies the coastal development permit application to create or serve the new single-family or multifamily dwelling (Gov. Code, § 66329, subd. (b)(4)).
What if a local agency does not have a Local Coastal Program? If the local agency does not have a certified local coastal plan or program, as defined in Public Resources Code section 31001, then the California Coastal Commission shall either approve ATTACHMENT 1 - 24
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or deny the coastal development permit application for an ADU within 60 days of receiving a completed application (Gov. Code, § 66329, subd. (b)(1)). A local agency that does not have a certified local coastal plan or program shall immediately notify the California Coastal Commission that a permit application for an ADU is complete pursuant to Section 66317 (Gov.
Code, § 66329, subd. (b)(2)).
Deed Restrictions
Can an affordable housing deed restriction be imposed on an ADU? No. A local agency cannot impose a deed restriction on an ADU. Government Code section 66315 states, “Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.” Section 66314, subdivision (b)(1) allows for local objective standards, but the examples provided all relate to design and development standards (e.g., parking, height, setback, landscape, maximum size of a unit). A deed restriction is not such a standard and thus cannot be imposed.
Can a
deed restriction be imposed on a JADU?
Yes. A local agency may adopt an ordinance for the creation of JADUs (Gov. Code, § 66333).
That ordinance must “[r]equire the recordation of a deed restriction” that includes only a prohibition on the sale of the JADU separate from the sale of the single-family residence and a restriction on the size and attributes of the JADU that conforms with state law (Gov. Code, § 66333, subds. (c)(1), (c)(2)).
Fees
What types of fees are considered impact fees?
Impact fees charged for the construction of ADUs and JADUs must be determined in accordance with the Mitigation Fee Act and include any monetary exaction other than a tax or special assessment that is charged by a local agency in connection with the approval of an ADU or JADU for the purpose of defraying all or a portion of the cost of public facilities relating to the ADU or JADU. (Gov. Code, §§ 66311.5, subd. (c)(2); 66000.) A local agency, special district, or water corporation shall not consider ADUs or JADUs as a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer services unless the ADU or JADU is being constructed concurrently with a new single- family home. (Gov. Code, § 66311.5, subd. (d).)
Can impact fees be charged for an ADU less than 750 square feet or a JADU of less than 500 square feet?
No. An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if it contains 750 square feet of interior livable space or less. If an ADU contains greater than 750 square feet of interior livable space, impact fees shall be charged ATTACHMENT 1 - 25
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proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit. A JADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if it contains 500 square feet of interior livable space or less. If a JADU contains greater than 500 square feet of interior livable space, impact fees shall be charged proportionately in relation to the square footage of the JADU to the square footage of the primary dwelling unit. (Gov. Code, § 66311.5 subd. ()(1).) In this specific instance, impact fees also include Quimby fees specified in Government Code section 66477 (Gov. Code, § 66311.5 subd. (c)(2)).
Can school districts charge impact fees?
Yes. School districts are authorized to, but do not have to, levy impact fees for ADUs larger than 500 square feet of interior livable space pursuant to Section 17620 of the Education Code and the Mitigation Fee Act (Gov. Code, § 66000). ADUs and JADUs that are less than 500 square feet of interior livable space are not subject to school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the importance of promoting ADUs and JADUs, and to ensure appropriate nexus studies are conducted on fees to facilitate construction or reconstruction of adequate school facilities, as required by the Mitigation Fee Act. ADUs or JADUs that contain less than 500 square feet of interior livable space shall be considered other residential construction that does not increase assessable space by 500 square feet (Gov. Code, § 66311.5, subd. (c)(3)).
Can I still be charged water and sewer connection fees? ADUs constructed from existing space and JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed concurrently with a new single-family dwelling (Gov. Code, § 66311.5, subd. (b)). The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or drainage fixture unit as compared to the primary dwelling (Gov. Code, § 66311.5, subd. (e)).
Fire Protection and Fire Sprinkler Requirements
Can fire sprinklers be required for ADUs and JADUs?
Only when sprinklers are required for the existing primary residence. Installation of fire sprinklers shall not be required in ADUs or JADUs if sprinklers are not required by building standards for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU or What is “Proportionality”?
“Proportionality” is some amount in relation to a total amount, in this case, an impact fee for a single-family dwelling. For example, a 2,000 square-foot primary dwelling with a proposed 1,000 square-foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on the same site. (Gov. Code, § 66311.5, subd. (c)(1).)
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JADU created after that alteration must be provided with fire sprinklers. Additionally, the construction of any ADUs or JADUs shall not trigger a requirement for fire sprinklers for the primary residence. (Gov. Code, §§ 66314, subd. (d)(12); 66323, subd. (d).)
Funding
Is there financial assistance or funding available for ADUs? Possibly. While at the time of this writing the funds have been exhausted, the California Housing Finance Agency’s (CalHFA) ADU Grant Program provided up to $40,000 in assistance to reimburse qualifying homeowners for predevelopment costs necessary to build an ADU or JADU on a lot with an owner-occupied single-family dwelling unit. The ADU Grant Program was intended to create more housing units in California by providing a grant to reimburse qualifying homeowners for predevelopment costs. Predevelopment costs include, but are not limited to, architectural designs, permits, soil tests, impact fees, property surveys, and energy reports.
Some local agencies are creating funding opportunities for ADU/JADU predevelopment and construction costs, or they are waiving fees.
For local agencies wanting to apply for funding for ADUs and JADUs, some of HCD’s funding programs, such as the CalHome Program, the Permanent Local Housing Allocation program, the Prohousing Incentive Program, and the Local Housing Trust Fund Program, do include funding for these housing types as eligible activities.
For more information on local and state funding opportunities for ADU/JADU predevelopment or construction, or funding options for local agencies, please see the Grants and Funding section of our ADU webpage: https://www.hcd.ca.gov/building-standards/adu.
The Federal Housing Administration (FHA), Freddie Mac, and Fannie Mae also provide loans to support ADUs. The links below include information on these finance programs, including relevant definitions and criteria.
FHA
The FHA recently expanded access to mortgage financing for homes that have or will include ADUs. Specifically, the updated loan policies allow for the inclusion of rental income from the ADU in the borrower’s qualifying income and would allow more borrowers to qualify for FHA financing for properties with ADUs. This includes the 203(k) Rehabilitation loan. Note that the 203(k) Rehabilitation loan may only be used to construct an attached ADU.
For more information on the updated policies, please reference the FHA Single Family Housing Policy Handbook at https://www.hud.gov/sites/dfiles/OCHCO/documents/40001-hsgh- update15-052024.pdf, or the 2023 Mortgagee Letter that includes specific ADU finance changes in the handbook https://www.hud.gov/sites/dfiles/OCHCO/documents/2023- 17hsgml.pdf. Interested parties should look to HUD’s website for any updates.
Freddie Mac
Freddie Mac now offers several options for adding an ADU to an existing home and financing a ATTACHMENT 1 - 27
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purchase with the intention to rent or build an ADU. This includes allowing rental income from ADUs to be included in qualified income for a loan.
For more information, please visit https://sf.freddiemac.com/docs/pdf/fact-sheet/adu-fact- sheet.pdf.
Fannie Mae
Fannie Mae now offers financing options for adding an ADU to an existing property, building a home with an ADU using Construction-to-Permanent Financing, and buying a home with an existing ADU.
For more information, please visit https://singlefamily.fanniemae.com/originating- underwriting/mortgage-products/accessory-dwelling-units.
Height Requirements
Is there a limit on the height of an ADU?
There is no height limit contained in State ADU Law, but local agencies may impose height limits pursuant to Government Code section 66321, subdivision (b)(4). A local agency may impose a height limit by adopting a compliant ADU ordinance.
A local agency may not impose a height limit that is less than the following:
Detached ADUs
16 feet on a lot with a proposed or existing single-family or multifamily dwelling unit (Gov.
Code, § 66321, subd. (b)(4)(A)).
18 feet on a lot with an existing or proposed single-family or multifamily dwelling, including an additional 2 feet to accommodate roof pitch that aligns with the primary dwelling, when the lot is a half-mile from a major transit stop or high-quality transit corridor (Gov. Code, § 66321, subd. (b)(4)(B)). Please see the ADU Glossary for definitions of these terms.
18 feet height on a lot with an existing or proposed multifamily, multistory dwelling (Gov. Code, § 66321, subd. (b)(4)(C)).
If a detached two-story ADU can be built according to the height allowances required under State ADU Law while remaining compliant with the building code, a local agency cannot deny an ADU application to create a two-story ADU, irrespective of the underlying zoning that might restrict a primary dwelling to one story. (Gov. Code, §§ 66321, subd. (b)(4)(D); 66314, subd. (d)(8).)
Attached ADUs
25 feet or the height limitation that applies to the primary dwelling in the local zoning ordinance, whichever is lower (Gov. Code, § 66321, subd. (b)(4)(D)).
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Is there a limit on the number of stories of an ADU?
There is no limit on the number of stories contained in State ADU Law. A local agency must allow at least two stories, if this can be accommodated under the applicable height limit while complying with all applicable building standards, and an attached ADU may be built to the height of the zoning for the primary dwelling or up to 25 feet, whichever is lower. (Gov. Code, § 66321, subd. (b)(4)(D).)
Are there tools available to determine if a project qualifies for 18 feet in height? The California State Geoportal features an interactive map and searchable database to assess whether any California address is within a High-Quality Transit Corridor (HQTC) (as described in Public Resources Code sections 21155, 21064.3, and 21060.2). This can assist with determining if your projects are eligible for an extra two feet in height. However, the State ADU Law does not designate a definitive resource for making HQTC proximity determinations.
Applicants should go to their Metropolitan Planning Organizations first to find out if they are in a HQTC. If there is not one in their area, then they should go to their local agency.
Homeowners Associations (HOAs)
Can CC&Rs prohibit the construction or use of an ADU or JADU? No. Sections 714.3 and 4751 of the Civil Code nullify covenants, conditions, and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on lots zoned to permit single-family residential uses. Such CC&Rs, including operating rules, are void and unenforceable. Applicants who encounter prohibitions of ADUs and JADUs within CC&Rs, whether implicit or explicit, are encouraged to reach out to their local agency.
What restrictions can be placed on an ADU or JADU?
HOAs may impose some limited objective standards on an ADU or JADU, such as requiring, within reason, specific materials, architectural styles, or other design and aesthetic restrictions.
However, these standards may not be more stringent than State ADU Law and thereby unreasonably increase the cost to construct or effectively prohibit or extinguish the ability to create or serve an ADU or JADU. Reasonable restrictions in covenants, restrictions, and conditions, as described in the Civil Code, shall not include any fees or other financial requirements (Civ. Code, § 714.3, subd. (b)).
Examples of effective prohibitions, unreasonable costs, and extinguishments of the ability to construct an ADU or JADU may include, but would not be limited to:
• Any delay in reviewing an ADU or JADU for compliance with reasonable restrictions beyond the timeframes required of local agencies (60 days) or that significantly delay the construction or use of an ADU or JADU.
• Requiring alteration to an ADU or JADU application that would cause the property owner to incur substantial costs or forgo the development. • Imposing a condition that would necessitate re-applying or amending a building permit application that substantially complies with State ADU and JADU Laws. • Mandating neighboring property owners’ approval or agreement for an ADU or JADU application or considering any disapproval or disagreement to the construction or use of ATTACHMENT 1 - 29
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an ADU or JADU by the neighbors as part of the local agency’s ministerial process to approve or deny the application.
• Restricting the placement or location of an ADU or JADU such that it would be rendered infeasible or unusable by the property owner.
• Requiring major structural elements or design changes beyond the requirements set forth in State ADU and JADU Law that would extinguish the ability to construct or use the ADU or JADU.
• Imposing restrictions that are not objective or not knowable or available to the property owners in advance of submitting the application.
Property owners whose construction or use of an ADU or JADU is impeded by an HOA (or their representatives or agents) are encouraged to reach out to their local agency and to seek legal counsel.
Can an HOA review or influence a local agency’s ministerial approval to create or serve an ADU or JADU?
No. An HOA may not influence a local agency’s ministerial approval of an ADU or JADU. Local agencies must provide an approval process that only includes ministerial provisions for the approval of ADU permit applications. This approval process shall not include discretionary processes, provisions, or requirements except as provided in Government Code section 66315. Thus, third party reviews by an HOA or their representatives or agents would violate State ADU Law. (Gov. Code, § 66315.) No other local ordinances, policies, or regulations may be applied in the approval or denial of an ADU or JADU permit application (Gov. Code, § 66317, subd. (c)). If a local agency allows an HOA to be involved in any part of an ADU or JADU application process, the local agency is in violation of State ADU Law.
Housing Elements and Prohousing Designation
Do ADUs and JADUs count toward a local agency’s RHNA?
Yes. Pursuant to Government Code sections 66330, and 65583.1, ADUs and JADUs may be utilized towards the RHNA and the Housing Element Annual Progress Report (APR) required by Government Code section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the U.S. Census definition of a housing unit. Generally, an ADU, and a JADU with shared sanitation facilities, and any other unit that meets the U.S.
Census definition and is reported to DOF as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level.
The housing element or APR must include a reasonable methodology to demonstrate the level of affordability. Local governments can track actual or anticipated affordability to assure ADUs and JADUs are counted towards the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit or other local applications.
For more information, please refer to the Housing Element Building Blocks or contact [email protected].
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What analysis is required to count ADUs toward the RHNA in the housing element? To count ADUs towards the RHNA in the housing element, local agencies must generally use a three-part approach: (1) development trends, (2) anticipated affordability, and (3) resources and incentives. Development trends must consider ADUs permitted in the prior planning period and may also consider more recent trends. Anticipated affordability can use a variety of methods to estimate the affordability by income group. Common approaches include rent surveys of ADUs, using rent surveys and square footage assumptions and data available through the APR required by Government Code section 65400. Resources and incentives include policies and programs to encourage ADUs, such as prototype plans, fee waivers, expedited procedures, and affordability monitoring programs.
Are ADUs required to be addressed in the housing element? Yes. The housing element must include a description of zoning available to permit ADUs, including development standards and analysis of potential constraints on the development of ADUs. The element must include programs to address identified constraints. In addition, housing elements must include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs. (Gov. Code, § 65583; HSC, § 50504.5.) Please note, if a local jurisdiction has an ADU program as part of a housing element, even once the housing element is approved, the ADU ordinance needs to be updated regularly to ensure compliance with new state laws.
Can ADUs and JADUs impact a local agency’s Prohousing Designation status? Yes. To qualify for a Prohousing Designation, a local agency must be in compliance with all applicable state housing laws, such as those mentioned in Government Codes section 65585, subdivision (j), which includes State ADU Law. An approved housing element and any associated programs which promote ADU development will also need to be enacted and in compliance to meet the minimum threshold requirements for a Prohousing Designation.
Additionally, ADUs and JADUs are specifically identified within the Prohousing Designation Program as designation criteria under California Code of Regulations, Title 25, section 6606, meaning that an ADU ordinance or program which promotes ADU development beyond the minimum requirements of State ADU Law may score additional points towards their Prohousing Designation. In other words, local agencies that are in violation of State ADU Law will be ineligible for a Prohousing Designation, while local agencies that promote additional ADU development can score additional points towards their Prohousing Designation, and all the benefits that designation provides. (CCR Title 25, §§ 6600-6608).
JADUs
What is a JADU?
A “junior accessory dwelling unit” or JADU is a unit that is no more than 500 square feet of interior livable space 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. (Gov. Code, § 66333.)
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Are two JADUs allowed on a lot?
No. Only one JADU may be created per lot zoned for single-family residences with an existing or proposed single-family residence (Gov. Code, § 66333, subd. (a)). The JADU may be created within the walls of the proposed or existing single-family residence, including attached garages (Gov. Code, § 66333, subd. (d)). If there are multiple detached single-family residential units on one lot, there can only be one JADU.
Can a JADU be created within a “half-plex”?
Yes, a JADU is permitted in a half-plex. A half-plex consists of two primary dwelling units on separate lots that share a dividing wall. One JADU is permitted in each half-plex in areas zoned for single-family use. (Gov. Code, § 66333, subd. (a).) If two units are attached on a single lot (i.e., a duplex), the primary dwelling is considered multifamily and would not qualify for a JADU.
Are JADUs required to have an interior connection to the primary dwelling? JADUs are required to be within the walls of the primary dwelling but are not required to have an interior connection to the primary dwelling. However, if the JADU does not include a separate bathroom, the JADU must include an interior entrance to the main living area. (Gov.
Code, § 66333, subd. (e)(2).)
Are JADUs allowed in detached accessory structures?
No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the single-family residence. As noted above, “enclosed uses” within the residence, such as attached garages, are eligible for JADU creation. (Gov. Code, § 66333, subd. (d).)
Are JADUs allowed to be increased by up to 150 square feet when created within an existing structure?
No. Only ADUs that are created from existing accessory structures are allowed to add up to 150 square feet “beyond the physical dimensions of the existing accessory structure” to provide for ingress or egress (Gov. Code, § 66323, subd. (a)(1)(A)).
What can local agencies require as part of an “efficiency kitchen”? An efficiency kitchen is a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the JADU (Gov. Code, § 66333, subds. (f)(1), (f)(2)). A local agency cannot be more restrictive than this definition. Thus, requirements such as counter or cabinet sizes, specified electrical or gas connections, or appliance types are not authorized by State JADU Law. Please note: 220V circuits are not required for an efficiency kitchen.
Are JADUs required to provide parking?
No. Local agencies may not require parking as a condition to permitting a JADU, even when the JADU is converted from an attached garage (Gov. Code, § 66334, subd. (a)).
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Local ADU Ordinances and Local Agencies
Should a local ordinance encourage the development of ADUs? Yes. Pursuant to Government Code section 66310, the California Legislature found and declared that, among other things, California is facing a severe housing crisis and ADUs are a valuable form of housing that meets the needs of family members, students, the elderly, in- home health care providers, people with disabilities, and others. Therefore, ADUs are an essential component of California’s housing supply.
Recent changes to State ADU Law intend to address barriers, streamline approval, and expand potential capacity for ADUs, recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must be carried out consistently with Government Code section 66310 and must not unduly restrict the creation of ADUs. Local governments adopting ADU ordinances should carefully weigh the adoption of zoning, development standards, and other provisions for impacts on the development of ADUs.
State ADU Law provides the statutory minimum requirements for ADUs and JADUs. Local governments may elect to be less restrictive than the statutory minimum to further the creation of ADUs and JADUs. (Gov. Code, § 66325, subd. (b).) Many local governments have embraced the importance of ADUs as an important part of their overall housing policies and have pursued innovative strategies.
Can a local agency adopt an ADU “bonus program?”
Yes. One common strategy used by local agencies to promote ADU development is to adopt ADU bonus programs. HCD supports this approach to go above and beyond State ADU Law’s requirements to address California’s ongoing housing crisis. A successful ADU bonus program should meet the following criteria:
1. The ADU bonus program is completely optional – There is no requirement, and no consequence for not taking part in a local bonus program.
2. The ADU bonus program only offers benefits in addition to the provisions of State ADU Law, not in lieu of them – All state-mandated requirements are granted unconditionally.
3. The ADU bonus program removes one or more physical constraints, such as a limitation on the number of allowable units on a lot, ADU size, height, setback requirements, or a waiver of design and development criteria.
Does HCD have enforcement authority over ADU and JADU ordinances? Yes. Pursuant to Government Code sections 66326, subdivision (a), and 66333.5, subdivision (a), local agencies are required to submit a copy of newly adopted ADU and JADU ordinances to HCD within 60 days of adoption. HCD may thereafter provide written findings to the local agency as to whether the ordinance complies with State ADU Law. If HCD finds that the ADU or JADU ordinance does not comply with State ADU Law, the local agency must respond to HCD’s written findings within 30 days. The local agency shall either amend its ordinance in accordance with HCD’s findings, or adopt the ordinance without changes, but include findings in its resolution explaining why the ordinance complies with State ADU Law despite HCD’s ATTACHMENT 1 - 33
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findings. (Gov. Code, §§ 66326, subd. (b); 66333.5, subd. (b)(2).) If the local agency fails to respond to HCD’s findings regarding its ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when permitting ADUs and JADUs (Gov. Code, §§ 66326, subd. (d); 66333.5, subd. (d)). Although not required by State ADU Law, HCD may continue to offer further technical assistance to the local agency.
However, if the local agency does not amend its ordinance in accordance with HCD’s findings or adopt a resolution explaining why the ordinance is compliant, HCD shall notify the local agency and may notify the Attorney General that the local agency is in violation of State ADU Law. (Gov. Code, §§ 66326, subd. (c)(1); 66333.5, subd. (c)(1).) While an ordinance is non- compliant, the local agency shall apply state standards for the approval of ADUs, until the local agency adopts a compliant ordinance. (Gov. Code, § 66316.)
In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria for ADUs and JADUs that supplement or clarify State ADU Law (Gov.
Code, §66313.5).
Do local agencies have to adopt an ADU ordinance?
No. Local agencies may choose not to adopt an ADU or JADU ordinance. Should a local agency choose not to adopt an ADU or JADU ordinance, any proposed ADU or JADU development would be subject only to the standards set forth in State ADU Law. (Gov. Code, §§
66315, 66316; 66333.5, subd.(d).) A local agency that adopts an ADU ordinance may impose objective development and design standards in compliance with Government Code section 66314.
Is a
local agency required to send an ADU ordinance to HCD?
Yes. A local agency, upon adoption of an ADU or JADU ordinance, must submit a copy of the adopted ordinance to HCD within 60 days after adoption. If a local agency fails to submit an adopted ADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding its ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when permitting ADUs (Gov. Code, §§ 66326, subd. (d); 66333.5, subd. (d)). After the adoption of an ordinance, HCD may review and submit written findings to the local agency as to whether the ordinance complies with the State ADU Law. (Gov. Code, §§ 66326, subd. (a); 66333.5, subd. (a).)
Are charter cities and counties subject to the new ADU laws? Yes. State ADU Law applies to a local agency, which is defined as a city, county, or city and county, whether general law or chartered (Gov. Code, §§ 66312; 66313, subd. (g)).
Do ADU laws apply to areas governed by the Tahoe Regional Planning Agency (TRPA)? Possibly. The TRPA was formed through a bistate compact between California and Nevada, which elevates its authority above state laws. Under this authority, TRPA has adopted certain restrictions that effectively limit lot coverage on developed land. State ADU Law may conflict to a degree with the TRPA standards, and to the extent that it does, the TRPA law preempts or overrides State ADU Law. For more information, please see: https://www.trpa.gov/adus/.
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Manufactured Homes
Can a manufactured home be used as an ADU?
Yes. By definition, an ADU includes manufactured homes (Gov. Code, § 66313, subd. (a)(2); HSC, § 18007).
For more information on Manufactured Homes please contact the Division of Codes and Standards at [email protected].
Mobilehome Parks
Are ADUs permitted on lots within mobilehome parks or special occupancy parks? No. A lot, as defined in Health and Safety Code sections 18210 and 18862.23, allows for only one manufactured home, mobilehome, or recreational vehicle. Health and Safety Code section 18862.23 also allows one tent, camp car, camping cabin, or camping party on a lot within a special occupancy park.
For more information, please contact the Division of Codes and Standards at:
[email protected] for Northern CA or [email protected] for Southern CA.
Multifamily ADUs
What is considered a multifamily dwelling under State ADU Law? For the purposes of creating an ADU, a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law.
Does a local agency have to permit ADUs on lots zoned for multifamily use? Yes. A local agency must permit an attached, detached, or converted ADU on a lot that is zoned to allow single-family or multifamily residential use and includes an existing or proposed dwelling (Gov. Code, § 66314, subds. (d)(2), (d)(3)). An applicant may build a detached or a converted ADU on a site in a residential or mixed-use zone with a proposed or existing Health and Safety Code section 18007, subdivision (a): “Manufactured home,” for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).
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multifamily dwelling. (Gov. Code, § 66323, subds. (a)(3), (a)(4).) (See next question for more information.)
H
ow many ADUs are allowed on a multifamily site under Government Code section 66323?
Under Government Code section 66323, an applicant may apply to build up to eight detached ADUs (Gov. Code, § 66323, subd. (a)(4)(A)) and at least one conversion ADU within an existing multifamily dwelling and up to 25 percent of the number of units in the existing multifamily dwelling (Gov. Code, § 66323, subd. (a)(3)(B)).
Can JADUs be created in multifamily dwelling structures? No. JADUs may only be constructed on a site with a proposed or existing single-family dwelling in an area zoned for single-family residences; a JADU cannot be constructed on a multifamily site (Gov. Code, § 66333, subd. (a)).
Can a permitting agency impose accessibility standards on ADUs converted from existing space?
Maybe. For more information on ADA standards as they apply to your specific dwelling, please contact the Division of Codes and Standards at [email protected].
Can a leasing office be converted into an ADU?
Yes. A leasing office within an existing multifamily dwelling structure can be converted to at least one ADU – and up to 25 percent of the existing multifamily dwelling units – provided the ADUs comply with state building standards for dwellings. (Gov. Code, § 66323, subd. (a)(3)(A).)
In addition, a leasing office on a lot with an existing multifamily dwelling may be converted into up to eight detached ADUs, not to exceed the number of existing units on the lot and subject to height limitations in section 66321, subdivision (b), and to rear yard and side setbacks of no more than four feet. (Gov. Code, § 66323, subd. (a)(4)(A).)
Finally, an ADU can be created from an accessory space, including a leasing office, that is either attached to or located within the multifamily structure or an accessory structure, or is detached from the primary dwelling and located on the same lot as the primary dwelling, and complies with other applicable standards. (Gov. Code, § 66314, subd. (d)(3).)
Nonconforming Zoning
Can a local agency refuse to permit an ADU or JADU because of nonconforming zoning conditions?
State ADU Law limits a local agency’s ability to deny a permit application due to the correction of existing, nonconforming zoning conditions. Nonconforming zoning conditions are physical improvements on a property that do not conform to current zoning standards. (Gov. Code, §
66313, subd. (h)). For 66323 Units, a local agency cannot condition approval on the correction of nonconforming zoning conditions (Gov. Code, § 66323, subd. (c)). For all other ADUs, a local agency may only deny a permit to create an ADU due to zoning non-conformance when ATTACHMENT 1 - 36
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the non-conformance creates a threat to public health and safety and is affected by the construction of the ADU (Gov. Code, §§ 66322, subd. (b)).
Owner-Occupancy
Can local agencies require owner-occupancy for an ADU?
Only ADUs which are sold separately to a qualified buyer under Government Code section 66341, subdivision (c)(3), can require owner-occupancy. Otherwise, a local agency cannot impose an owner-occupancy requirement on any other ADU (Gov. Code, § 66315).
Are there any owner-occupancy requirements for JADUs?
Yes, under certain circumstances. If a JADU has shared sanitation facilities with the primary structure, owner-occupancy will be required. If the JADU does not have shared sanitation facilities, or the owner is another governmental agency, land trust, or housing organization, owner-occupancy will not be required. The owner must reside in either the remaining portion of the primary residence or in the newly created JADU. (Gov. Code, § 66333, subd. (b).) Additionally, JADUs cannot be used as short-term rentals and, if rented, must be rented for longer than 30 days (Gov. Code, § 66333, subd. (g).)
Parking Requirements
Can ADU parking requirements exceed one space per unit or bedroom? No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever is less (Gov. Code, § 66314, subd. (d)(10)(A)). These spaces may be provided as tandem parking on a driveway (Gov. Code, § 66314, subd. (d)(10)(B)). Guest parking spaces shall not be required for ADUs under any circumstances. In addition, a local agency may not require off-street parking spaces to be replaced when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU (Gov. Code, § 66314, subd. (d)(11)).
Local agencies may choose to eliminate or reduce parking requirements for ADUs, such as requiring zero or a fraction of a parking space per each ADU (such as a ½ space per unit), to further reduce barriers to ADU construction and to facilitate more development of mixed-modal transportation such as walking and public transit.
Are certain ADUs exempt from parking requirements?
Yes. A local agency shall not impose parking standards on any of the following ADUs, pursuant to Government Code section 66322, subdivision (a):
1) ADUs located within one-half mile walking distance of public transit. 2) ADUs located within an architecturally and historically significant historic district. 3) A
DUs that are part of the proposed or existing primary residence or an accessory structure.
4) When on-street parking permits are required but not offered to the occupant of the ADU. 5) When there is a car share vehicle located within one block of the ADU. 6) When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that ATTACHMENT 1 - 37
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the ADU or the parcel satisfies any other criteria listed in Government Code section 66322, subdivision (a)(1)-(5).
Parking requirements for ADUs may not exceed one parking space per ADU or per bedroom, whichever is less (Gov. Code, § 66314, subd. (d)(10)). ADUs which have no bedrooms because they are an “efficiency unit” or studio do not increase the bedroom count.
In addition, local agencies may not impose parking requirements on 66323 Units.
Is flexibility for siting ADU parking recommended?
Yes. Local agencies should be flexible when siting parking for ADUs. Off-street parking spaces for the ADU shall be permitted in setback areas in locations determined by the local agency or through tandem parking unless specific findings are made otherwise based on specific site or regional topographical or fire and life safety conditions. (Gov. Code, § 66314, subd. (d)(10)(B).)
When a garage, carport, uncovered parking space, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, the local agency shall not require that those off-street parking spaces for the primary unit be replaced (Gov. Code, § 66314, subd. (d)(11)).
Permit Applications and Permitting Agencies
What is an ADU permitting agency?
A permitting agency is “any entity that is involved in the review of a permit for an accessory dwelling unit or JADU and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.” (Gov.
Code, § 66313, subd. (k).) See also the Glossary section of this Handbook for this definition.
Are ADUs and JADUs permitted ministerially?
Yes. ADUs and JADUs subject to State ADU Law must be considered, approved or denied, and permitted ministerially, without discretionary review or a hearing (Gov. Code, §§ 66317, subd. (a); 66335, subd. (a); 66335.5). Development standards must be objective to allow for ministerial review (Gov. Code, § 66314, subd. (b)(1)). Objective standards require a uniform benchmark or reference that is knowable by both the permit applicant and the permitting agency prior to the submission of an application to create or serve an ADU (Gov. Code, § 66313, subd. (i)).
What are considered objective standards for ministerial approval? Examples include numeric and fixed standards such as heights or setbacks, or design standards such as specified colors or materials. See also the Glossary section of this Handbook for the definition of objective standards.
What would be considered subjective standards?
Subjective standards require independent judgement and are open to multiple interpretations.
Language such as “privacy,” “compatibility with neighboring properties,” “promoting design harmony and balance,” “must maintain similar architecture style,” or requiring “high quality ATTACHMENT 1 - 38
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materials” are subjective and may not be imposed on ADU development (Gov. Code, § 66313, subd. (i)).
What is the process and timeline for reviewing and approving ADU and JADU applications?
A permitting agency must determine whether an application for an ADU or JADU is complete and provide written notice of the determination not later than 15 business days after the permitting agency received the application (Gov. Code, §§ 66317, subd. (a)(2)(A); 66335, subd. (a)(2)(A)).
If it is determined that an application is incomplete, the permitting agency is required to provide the applicant with a list of incomplete items and a description of how the application can be made complete in the written notice (Gov. Code, §§ 66317, subd. (a)(2)(B); 66335, subd. (a)(2)(B)). If a permit application is determined to be incomplete or is denied, the permitting agency must provide a process for an applicant to appeal the decision (Gov. Code, §§ 66317, subd. (d)(1); 66335, subd. (e)(1)). The permitting agency must provide a final written determination by not later than 60 business days after receipt of the written appeal (Gov.
Code, §§ 66317, subd. (d)(2); 66335, subd. (e)(2)).
What kind of environmental review is required for ADUs and JADUs? ADUs and JADUs approved ministerially are statutorily exempt from CEQA pursuant to Section 15268 (Ministerial Projects) of the CEQA guidelines and Section 21080, subdivision (b)(1) of the Public Resources Code. In addition, ADUs can be categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA guidelines. ADU and JADU ordinances are statutorily exempt from CEQA pursuant to Section 21080.17. However, if an ADU application requires a discretionary coastal development permit, that discretionary permit may be subject to CEQA.
What does ministerial review of a permit application involve? A ministerial review ensures that the permit application meets all the applicable objective standards effective at the time of the review and uses no discretionary judgment, opinion, or subjective standards. Agency staff inspect the submitted application, site plan, and building plans for compliance with applicable standards. This often means that the permitting agency (i.e., planning, building, fire departments and utilities) reviews the application using only checklists. (Gov. Code, §§ 66316, 66317, 66320.)
Can an applicant delay the 60-day timeline?
Yes. If an applicant would like to request a delay on their application for any reason, they may do so. The 60-day period to approve or deny the permit shall be tolled for the period of the delay. (Gov. Code, §§ 66317, subd. (a)(3); 66335, subd. (a)(5).)
When is an ADU permit application “deemed complete” without formal review? An ADU permit application is “deemed complete” when the permitting agency fails to make a timely written completeness determination within 15 business days (Gov. Code, §§ 66317, subd. (a)(2)(F)).
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Do ADUs need a Certificate of Occupancy?
Yes, property owners must obtain a Certificate of Occupancy from the local agency prior to any residential occupancy of an ADU or JADU (Gov. Code, § 66328; 2022 CBC, § 111).
Can the local agency deny a permit application for an unpermitted ADU that was built before 2020?
Yes, but only with specific findings. A local agency shall not deny a permit for an unpermitted ADU that was constructed before January 1, 2020, due to the ADU being in violation of building standards, non-compliance with State ADU Law, or any local ordinance regulating ADUs (Gov. Code, § 66311.7, subd. (a)). However, the local agency may deny the permit if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure, or if the building is deemed substandard pursuant to section 17920.3 of the Health and Safety Code (Gov. Code, § 66311.7, subds. (b), (c)). Please note, corrections, requirements, or issues relating to the building code or health and safety are under the local agency’s discretion and purview. Applicants applying for a permit for a previously unpermitted dwelling should follow the local agency’s appeals process if they feel there is a discrepancy with corrections or denials issued by the local agency.
What happens when an application for an ADU is denied?
The permitting agency denying the application must provide the applicant a full set of comments listing items that are defective or deficient and include a description of how the application may be remedied. A full set of comments includes all comments from all reviewers, from every permitting agency. The 60-day countdown continues until the complete list is provided. (Gov. Code, §§ 66317, subd. (b); 66335, subd. (b).) A local agency which has provided a complete set of correction comments has fulfilled this requirement. Following a denial, a subsequent application resets the 60-day period.
The applicant may address the proposed remedy and resubmit the application to the permitting agency. A local agency may charge a fee to process a resubmitted application. (Gov. Code, § 66335 subd. (c).)
How can I request technical assistance from HCD about the denial of my ADU application?
Questions and requests for technical assistance should be submitted through HCD’s ADU Portal, which is available on HCD’s ADU webpage: https://www.hcd.ca.gov/building- standards/adu. To reach the portal, navigate to “Contact the ADU Team.” Applicants should first work to address the denial with the permitting agency via the agency’s process. HCD may provide technical assistance after an application has been submitted. However, HCD may not respond or follow up with a permitting agency if there is no pending application.
Rental Terms
Are rental terms allowed?
Yes. Local agencies may require that ADUs and JADUs be rented for terms longer than 30 days (Gov. Code, § 66315; 66323, subd. (e); 66333, subd. (g)).
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Sales and Separate Conveyance
Can ADUs be sold or separately conveyed?
A local agency may adopt a local ordinance to allow separate conveyance of the primary unit and the ADU as condominiums if the ordinance meets specific requirements laid out in Government Code section 66342. In addition, Government Code section 66341 creates a narrow exception to allow separate conveyance of an ADU to a qualified buyer if the property was built or developed by a qualified nonprofit corporation and meets other requirements specified in section 66341.
Senate Bill 9 (SB 9) (Chapter 162, Statutes of 2021)
How does SB 9 work with ADUs?
SB 9 (Gov. Code, §§ 65852.21 and 66411.7) and ADU Law are complementary. Both laws can be used together to create varying combinations of “SB 9 units” and ADUs. SB 9 allows for a lot to be split, with each of the two resulting lots eligible for up to two primary units. These primary units are distinct from ADUs and JADUs created under ADU Law and must be approved ministerially.
When a lot split occurs, SB 9 requires the local agency to approve up to two units on each parcel, but specifically states that only two units are allowed per parcel, despite what ADU Law would otherwise allow. Those two units could be two primary “SB 9 units,” or one primary unit and one ADU, or one primary unit and one JADU. But in no case is a local agency required to permit more than two units on either of the two parcels resulting from an SB 9 lot split.
When an SB 9 lot split has not occurred, the lot is eligible to receive up to two primary units under SB 9, as well as whatever combination of ADUs and JADUs it would otherwise be entitled to under ADU Law if SB 9 was not being used. In some instances, this may result in a total number of units on the parcel that is greater than what either SB 9 or ADU Law would allow on its own. However, if ADU Law is used on its own or in combination with SB 9 to create more than four total units on the lot, a local agency is not required to approve a lot split under SB 9.
See HCD’s SB 9 Factsheet for more information and resources.
Setbacks
Can setbacks be required for ADUs?
Yes. A local agency may impose objective development standards, such as setbacks, for the creation of ADUs. A setback of no more than four feet from the side and rear lot lines shall be required for an attached or detached ADU (Gov. Code, § 66314, subd. (d)(7)). Additional setback requirements may be required in the Coastal Zone if required by a local Coastal Program (Gov. Code, § 66329).
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Are setbacks required for ADUs/JADUs created within an existing structure or replacing an existing structure?
No setback shall be required for an ADU or JADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location and to the same dimensions as an existing structure (Gov. Code, § 66314, subd. (d)(7)).
Can a local agency impose front setbacks?
Yes. A local agency may apply front yard setbacks for ADUs, but front yard setbacks cannot preclude an ADU of at least 800 square feet from being built on the property, even if that ADU would exist partially or wholly within the front setback (Gov. Code, § 66321, subd. (b)(3)).
Can a local agency require an ADU to be built in an alternate location to comply with front setback requirements?
Maybe. If the ADU is a unit described under Government Code section 66314, then the local agency could have a requirement that the ADU be built in the backyard. If at least an 800 square foot unit cannot be built in the backyard, then the local agency must allow the ADU to be built within the front setback if necessary to accommodate the ADU (Gov. Code, § 66314, subd. (b)(1)). However, if the ADU is a unit described under Government Code section 66323, then the local agency cannot impose local standards, including front setbacks, and may not require the unit to be built in an alternate location (Gov. Code, § 66323, subd. (b)).
Is there a distance requirement between an ADU and other structures on the lot? State ADU Law does not address the distance between an ADU and other structures on a lot.
A local agency may impose objective development standards for the creation of some ADUs, and all ADUs must comply with local building codes. However, development standards should not unreasonably restrict the creation of ADUs. (Gov. Code, § 66311.) Minimum distance or other requirements may not be applied if they would unreasonably restrict the creation of ADUs, unless they are a requirement of a Building or Fire Code (Gov. Code, § 66314, subd. (d)(8)).
Size Requirements and Restrictions
How is the square footage of an ADU or JADU calculated? In several places, State ADU Law refers to “square feet of interior livable space” or “square feet of livable space.“ (See, e.g., Gov. Code, §§ 66321, subd. (b)(2), (b)(3); 66323, subd. (a)(2)(A).) Government Code section 66313, subdivision (e) defines livable space as “a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” Livable space includes bedrooms, bathrooms, kitchens, laundry rooms, closets, and interior stairs.
Can minimum lot size requirements be imposed on ADUs?
No. Local governments may not include minimum lot size requirements for ADUs (Gov. Code, § 66314, subd. (b)(1)).
Can lot coverage or floor area ratio preclude an ADU?
Limits on lot coverage or any floor area ratio requirements cannot preclude the creation of an ADU of at least 800 square feet of interior livable space that maintains four-foot rear and side ATTACHMENT 1 - 42
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setbacks. While floor area ratio and lot coverage requirements can be applied to other ADUs, such requirements must not unreasonably restrict the creation of ADUs. (Gov. Code, §§ 66321, subd. (b)(3); 66311.)
Can minimum and maximum unit sizes be established for ADUs? Yes. A local government may, by ordinance, establish minimum and maximum unit size requirements for both attached and detached ADUs; however, maximum unit size requirements must allow an ADU of at least 850 square feet of interior livable space, or 1,000 square feet of interior livable space for ADUs with more than one bedroom. (Gov. Code, § 66321, subd. (b)(2).) For local agencies without a compliant ADU ordinance, maximum unit sizes are 1,200 square feet of interior livable space for a new detached ADU (Gov. Code, § 66314, subd. (d)(4)) and up to 50 percent of the floor area of the existing primary dwelling for an attached ADU (at least 800 square feet of interior livable space) (Gov. Code, §§ 66314, subd. (d)(5); 66321, subd. (b)(3)). Finally, the local agency must not establish by ordinance a minimum square footage requirement that prohibits the development of an efficiency unit as defined in Health and Safety Code section 17958.1. An efficiency unit may be as small as 150 square feet in floor area (HSC, § 17958.1).
The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. (Gov. Code, § 66323, subd. (a)(1).)
Can open space or landscaping requirements be used to limit the size of or deny an ADU permit?
No. A local agency's open space zoning requirements may not deny an ADU of at least 800 square feet of interior livable space with four-foot rear and side setbacks (Gov. Code, § 66321, subd. (b)(3)). In addition, 66323 Units are not subject to local open space and landscaping requirements in an ADU ordinance (Gov. Code, § 66323, subd. (b)).
Can a percentage of the primary dwelling be used to limit the maximum size of an attached ADU?
Yes. Local agencies may utilize a percentage (e.g., not greater than 50 percent) of the existing primary dwelling as a maximum unit size for attached ADUs, but only if it does not restrict an ADU’s size to less than 850 square feet of interior livable space, or 1,000 square feet of interior livable space for ADUs with more than one bedroom (Gov. Code, §§ 66314, subd. (d)(4); 66321 (b)(2)).
Can maximum unit sizes exceed 1,200 square feet for ADUs? Yes. Maximum unit sizes can exceed 1,200 square feet for ADUs through the adoption of a less stringent local ADU ordinance. State ADU Law does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs. (Gov. Code, § 66325, subd. (b).)
Solar Requirements
Are solar systems required for newly constructed ADUs?
Yes, newly constructed ADUs are subject to the California Energy Code requirement ATTACHMENT 1 - 43
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(excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the California Energy Code requirement to provide solar systems.
Please refer to the CEC on this matter. For more information, see the CEC’s website at www.energy.ca.gov. You may email your questions to [email protected], or contact the Energy Standards Hotline at 800-772-3300. CEC memos can also be found on HCD’s website at https://www.hcd.ca.gov/policy-and-research/accessory-dwelling-units.
Tiny Homes
Are “tiny homes” considered ADUs?
Possibly. While State ADU Law does not specifically reference “tiny homes,” “tiny home” is an industry term that can mean different structures or vehicles. If the unit meets the definition of an ADU in Government Code section 66313, subdivision (a), it is subject to ADU Law. For more information on “tiny homes,” see Information Bulletin 2016-01 at https://www.hcd.ca.gov/policy-research/docs/hcd-bulletin-tiny-home-ib-2016-01.pdf. You may also contact HCD’s Division of Codes and Standards at [email protected].
Types of ADUs
What are attached ADUs?
An attached ADU is a newly created (constructed) dwelling structure that structurally abuts (and connects to) an existing or proposed primary dwelling or accessory structure (Gov. Code, § 66314, subd. (d)(3)). This can be constructed on top of or below the primary dwelling. The attached ADU extends beyond the building plane of the existing or proposed primary dwelling unit. An attached ADU shall not exceed 50 percent of the existing primary dwelling’s floor area size. (Gov. Code, § 66314, subd. (d)(4).)
Examples of attached ADUs include, but are not limited to:
• An ADU addition to a duplex.
• An ADU built on top of an attached garage.
• An ADU built as a new second story of a single-family dwelling. • An ADU built in a newly constructed basement.
What are converted ADUs?
Converted ADUs are dwelling units that are created from existing space within proposed or existing primary dwelling units or existing accessory structures. For single family residences, the converted ADU is created from the proposed or existing space of the single-family residence or the existing space of an accessory structure. For multifamily dwelling structures, the converted ADUs are created from portions of the multifamily dwelling structures that are not used as livable space (i.e., storage rooms, passageways, etc.). (Gov. Code, § 66323, ATTACHMENT 1 - 44
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subds. (a)(1), (a)(3)(A).)
What standards apply to ADU conversions?
Objective standards related to height, lot coverage, landscape, design, development, and architectural standards in the local ADU ordinance do not apply to ADU conversions. However, since ADU conversions are created within an existing structure, the height of ADU conversions are limited to the dimension of the original structure. ADU conversions are not subject to setback requirements because they are created within an existing living area or are constructed in the same location and to the same dimensions as an existing structure. (Gov.
Code, § 66323, subds. (a)(1), (a)(3)(A).) ADU conversions are subject to all applicable building, health and safety, and fire standards for dwellings.
Can accessory structures be converted into an ADU?
Yes. The conversion of detached garages, sheds, and other existing detached accessory structures into ADUs is permitted by State ADU Law (Gov. Code, §§ 66314, subd. (d)(3); 66323, subds. (a)(1), (a)(4)).
What are Detached ADUs?
Detached ADUs are newly constructed dwelling units that are created on a lot with an existing or proposed single-family or multifamily dwelling structure but are detached from the primary dwelling (Gov. Code, §§ 66314, subd. (d)(3); 66323, subds. (a)(1), (a)(2), (a)(4)(A)).
Can detached ADUs on multifamily lots be attached to each other? Yes. Multifamily lots qualify for two detached, new construction ADUs on lots with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, not to exceed the total number of existing units on the lot. These ADUs are detached from the primary multifamily structure but do not have to be detached from each other or other accessory structures on the lot. (Gov. Code, § 66323, subd. (a)(4)(A).)
For more information on 66323 Units, please see the “66323 Units” section above.
Unpermitted Structures and ADUs
Can a local agency deny a permit for an unpermitted ADU or JADU built prior to January 1, 2020?
Local agencies may not deny a permit for an unpermitted ADU or JADU created prior to January 1, 2020, unless the unit is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. An inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards (Gov. Code, § 66311.7, subd. (f)). However, the local agency may deny a permit if it finds that the building is substandard. This does not preclude the local agency from pursuing enforcement action on these violations, and an applicant may be required to make alterations or repairs accordingly. (Gov. Code, § 66311.7.) ATTACHMENT 1 - 45
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How does an applicant know what items are related to health and safety and may lead to needing corrections for an unpermitted ADU or JADU?
A local agency shall inform the public about the provisions of this section through public information resources, including permit checklists and the local agency’s internet website, which shall include both of the following: (1) a checklist of the conditions specified in Section 17920.3 of the Health and Safety Code that would deem a building substandard, and (2) information that, before applying for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements (Gov. Code, § 66311.7, subd. (d)(1), (d)(2)). 3 Utilities
Can a local agency, special district, or water corporation require a new or separate connection for an ADU or JADU?
ADUs and JADUs created from the existing space of a primary dwelling or accessory structure pursuant to Government Code section 66323, subdivision (a)(1), cannot be required to install a new or separate connection unless the ADU or JADU is constructed concurrently with a new single-family dwelling. For all other ADUs and JADUs not created pursuant to Government Code section 66323, subdivision (a)(1), a new or separate connection directly from the utility to the ADU or JADU may be required (Gov. Code, § 66311.5, subds. (d), (e)).
What if I have questions about electrical or gas utilities in connection with an ADU? HCD does not have authority over issues related to gas and electrical services. If an applicant believes that a local utility provider is not complying with connection requirements, fee schedules, or other issues that impact the creation of or service of an ADU, the applicant can file a complaint with the appropriate agency.
For privately owned public utilities such as PG&E, contact the California Public Utilities Commission (CPUC) by using CPUC’s online complaint form, by calling 1-800-649-7570, or by sending a letter to:
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, CA 94102–3298
For publicly owned utilities such as SMUD, the applicant will need to contact the utility directly and follow their complaint process.
Zoning, Development, and Other Standards
Must ADUs be allowed jurisdiction-wide?
No. Local agencies may, by ordinance, designate where ADUs are permitted within zones that
3 See the Department of Consumer Affairs’ Contractors State License Board’s contractor license check resource, available at
https://www2.cslb.ca.gov/onlineservices/checklicenseII/checklicense.aspx.
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allow residential use. However, any limits on where ADUs are allowed may only be based on the adequacy of water and sewer service and on the impacts on traffic flow and public safety. (Gov. Code, § 66314, subd. (a).)
Local governments may not preclude the creation of ADUs altogether, and any limitation should be accompanied by detailed findings of fact explaining why ADU limitations are required and consistent with these factors. If a lot with a residence has been rezoned to a use that does not allow for residential uses, that lot is no longer eligible for an ADU. (Gov. Code, §§ 66314; 66323, subd. (a).) Impacts on traffic flow should consider factors like lower car ownership rates for ADUs. Local governments may develop alternative procedures, standards, or special conditions with mitigations for allowing ADUs in areas with potential health and safety concerns. Additionally, these designated areas cannot preclude units described in Government Code section 66323. If a local agency wishes to limit development of all ADUs, including units described in Government code section 66323, then the local agency may impose “a moratorium or similar restriction or limitation on housing development” as described in Government Code section 66300, subdivision (b)(1)(B), only with HCD’s approval. Note that any such moratorium or restriction may only be imposed to “specifically protect against an imminent threat to … health and safety….” (Gov. Code, § 66300, subd. (b)(1)(B)(i).)
Can local agencies restrict ADUs based on Fire Hazard Severity Zones or other environmental hazards?
HCD understands that extreme weather conditions occur, and the threat of destructive wildfires cannot be ignored. Some agencies have used the High (HFHSZ) and Very High Fire Hazard Severity Zone (VHFHSZ) maps provided by CAL FIRE to mark areas where ADUs may be restricted or prohibited altogether. However, according to CAL FIRE, the HFHSZ and VHFHSZ maps are intended to govern building materials used in construction and defining zones of defensibility around structures. These are not intended to restrict housing development. The presence of a High Fire Hazard Severity Zone is not a conclusive rationale to warrant restricting ADUs. A restriction based on the threat to public safety should be supported with findings detailing the impact of ADUs on public safety. (Gov. Code, § 66314, subd. (a).)
Can an ADU application be denied due to lot density?
No. An ADU ordinance shall provide that ADUs do not exceed the allowable density on the lot (Gov. Code, § 66314, subd. (c)). Additionally, ADUs which conform to Government Code section 66314 shall not be considered to exceed the allowable density for the lot (Gov. Code, §§ 66314, subd. (c); 66319).
Can ADUs serve to qualify a project for a density bonus pursuant to State Density Bonus Law (SDBL), even though the general plan designation on the site allows less than five primary units?
Yes. A project initially qualifies under the SDBL when the project’s “total units,” as defined in the SDBL (i.e., the number of units in the project before a density bonus is received) meet or exceed five units (Gov. Code, § 65915, subd. (o)(8)). Although the SDBL makes no mention of ADUs in its text, it likewise does not expressly narrow the definition of a unit to exclude ADUs.
Provided they are counted within the total units of the project, ADUs are a type of housing unit that may be counted for the purposes of achieving the five total unit minimum.
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If ADUs can be used to qualify a project under the SDBL’s minimum total unit requirement, can they likewise be used to calculate a density bonus? No. The calculation of a density bonus is based solely on a site’s maximum allowable residential density, which does not include ADUs. A density bonus is defined as “a density increases over the otherwise maximum allowable gross residential density…” (Gov. Code, § 65915, subd. (f)). Maximum allowable residential density is defined as “the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan.” (Gov. Code, § 65915, subd. (o)(6).) As an example, if the zoning ordinance allows up to two units and the general plan allows up to three, the applicable maximum allowable residential density (i.e., base density) on the site is three units, even though the addition of two ADUs brings the “total units” to five (see question above). The density bonus would then be calculated on top of a base density of three units, not five.
Can a local government apply design and development standards?
Yes. With an adopted ADU ordinance in compliance with State ADU Law, a local government may apply objective development and design standards that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards must be objective to allow ministerial review of an ADU. (Gov. Code, §§ 66314, subd. (b)(1); 66316.) ADUs created under Government Code section 66323 shall not be subject to design and development standards except for those that are specified in section 66323. (Gov. Code, § 66323, subds. (a), (b)).
Can an ADU be built in a historic district or if the primary residence is subject to historic preservation?
Yes. ADUs are allowed within a historic district and on lots where the primary residence is subject to historic preservation. State ADU Law allows for a local agency to impose standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. (Gov. Code, § 66314, subd. (b)(1).)
As with non-historic resources, an agency may impose objective standards that do not unreasonably restrict the creation of ADUs (Gov. Code, § 66311). Local agencies are encouraged to incorporate these standards into their ordinances and to submit these standards along with their ordinances to HCD.
How should demolition of garages in conjunction with the permitting of an ADU be handled by a local or permitting agency?
The local or permitting agency must review and issue the demolition permit and ADU permit at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of the garage unless the property is located in an architecturally and historically significant historic district. (Gov. Code, § 66314, subds. (e), (f).)
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Resources
Changes to State ADU Laws
AB 1154
AB 1154 (Chapter 507, Statutes of 2025) made various changes to State ADU Law (Gov.
Code, § 66333) regarding JADUs and went into effect on January 1, 2026. This bill:
• Specifies that if a JADU has shared sanitation facilities with the primary structure, owner-occupancy will be required. If the JADU does not have shared sanitation facilities, owner-occupancy will not be required (Gov. Code, § 66333, subd. (b)). • Requires that JADUs can no longer be used as short-term rentals and, if rented, must now be rented for longer than 30 days (Gov. Code, § 66333, subd. (g)).
SB 9
SB 9 (Chapter 510, Statutes of 2025) made various changes to State ADU Law (Gov. Code, § 66326) regarding requirements for local jurisdictions when submitting ordinances to HCD and went into effect on January 1, 2026. This bill:
• Clarifies that if a local agency fails to submit an adopted ADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding its ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when permitting ADUs (Gov. Code, § 66326, subd. (d)).
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SB 543
SB 543 (Chapter 520, Statutes of 2025) made various changes to State ADU Law (Gov. Code, §§ 66311, 66313, 66317, 66320, 66323; 66324; 66327; 66325; 66332 and added sections 66335; 66335.5; and 66339.5) regarding requirements for local jurisdictions when submitting ordinances to HCD and went into effect on January 1, 2026. This bill:
• Revises the definition of a “junior accessory dwelling unit” to require the size of a JADU to be no more than 500 square feet of interior livable space (Gov. Code, § 66313, subd. (d)).
• Expands HCD’s authority over Chapter 13 of Division 1 of Title 7 of the Government Code, including but not limited to review, adopt, amend, or repeal guidelines to additionally grant that authority with respect to terms, references, and standards for JADUs (Gov. Code, § 66311).
• Revises the limitations on impact fees to, instead, prohibit impact fees upon the development of an ADU that has 750 square feet of interior livable space or less or JADU that has 500 square feet of interior livable space or less, and to require that any impact fee on an ADU that has more than 750 square feet of interior livable space be charged proportionately in relation to the square footage of the primary dwelling unit (Gov. Code, § 66311.5, subds. (a) – (d)).
• Requires a permitting agency to determine whether an application for an ADU or JADU is complete and provide written notice of the determination not later than 15 business days after the permitting agency received the application (Gov. Code, § 66317, subd. (a)(2)(A)).
• Requires the permitting agency to provide the applicant with a list of incomplete items and a description of how the application can be made complete in the written notice if it is determined that an application is incomplete (Gov. Code, § 66317, subd. (a)(2)(B)). • Requires the permitting agency to provide a process for an application to be deemed complete and for applicants to appeal an incompleteness determination or denial, as provided, and requires the permitting agency to provide a final written determination by not later than 60 business days after receipt of the written appeal if a permit application is determined to be incomplete or is denied (Gov. Code, § 66317, subd. (d)(1)). • Specifies that an ADU or JADU that contains less than 500 square feet of interior livable space does not increase assessable space (Gov. Code, § 66311, subds. (d)). This is important to the calculation and imposition of school fees. • Revises size limitations to be based on the square footage of interior living space of the ADU (Gov. Code, § 66321, subds. (b)(2)(A), (b)(2)(B), and (b)(3)). • Specifies the number of allowable ADUs described under Government Code section 66323 per lot (Gov. Code, § 66323, subd. (a)).
• Clarifies that fire sprinklers are not required for a JADU if the primary residence does not have fire sprinklers and that the addition of a JADU cannot trigger the requirement for fire sprinklers (Gov. Code, § 66323, subd. (d)).
• A dds section 66333.5, which specifies that if a local agency fails to submit an adopted JADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding their ordinance within the 30-day timeline, that ordinance is null and void and ATTACHMENT 1 - 50
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the local agency must only apply State ADU Law when processing applications for JADUs.
New Government Code Sections Previous Government Code Sections 66311.5 66324
66313.5 66327
66311.7 66332
AB 462
AB 462 (Chapter 491, Statutes of 2025) made various changes to State ADU Law (Gov. Code, §§ 66328 and 66329) regarding requirements for the issuance of a certificate of occupancy during a declared state of emergency and creating an exception in coastal jurisdictions. This bill went into effect on October 10, 2025, as an urgency bill. This bill:
• Requires a local agency to issue a certificate of occupancy for an ADU constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, even if the primary dwelling has not yet been issued a certificate of occupancy, if certain requirements are met, including that the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation (Gov. Code, § 66328).
• Clarifies application processing when in a coastal zone by requiring a local government or the Coastal Commission, as specified, to either approve or deny a coastal development permit application for an ADU within 60 days of receiving a completed application (Gov. Code, § 66329, subd. (a)).
AB 130
AB 130 (Chapter 22, Statutes of 2025) made changes to the Civil Code and State ADU Law (Gov. Code, § 66323) regarding ADUs and went into effect on June 30, 2025. This bill:
• Specifies that reasonable restrictions in covenants, restrictions, and conditions, as described in the Civil Code, shall not include any fees or other financial requirements (Civil Code, § 714.3, subd. (b)).
• Removes Government Code section 66323, subdivision (g), which allowed the imposition of objective standards on ADUs in multifamily dwelling structures if the local agency had adopted an ADU ordinance by July 1, 2018.
AB 2533
AB 2533 (Chapter 834, Statutes of 2024) made various changes to State ADU Law (Gov.
Code, § 66311.7) regarding unpermitted ADUs and went into effect on January 1, 2025. This bill:
• Prohibits a local agency from denying a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, for building code violations, unless the local ATTACHMENT 1 - 51
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agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard. • Requires a local agency to inform the public about the provisions prohibiting denial of a permit for an unpermitted ADU or JADU.
• Requires this information to include a checklist of the conditions that deem a building substandard and to inform homeowners that, before submitting a permit application, the homeowner may obtain a confidential third-party code inspection from a licensed contractor.
• P rohibits a local agency from requiring a homeowner to pay impact fees or connection or capacity charges except under specified circumstances. • Authorizes an inspector from a local agency, upon receiving an application for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, to inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards. • Prohibits the local agency from penalizing an applicant for having the unpermitted ADU and would require the local agency to approve necessary permits to correct noncompliance with health and safety standards.
SB 1211
SB 1211 (Chapter 296, Statutes of 2024) made various changes to State ADU Law (Gov.
Code, §§ 66313, 66314, 66323) with regard to replacement parking and 66323 Units on lots with existing or proposed multifamily dwellings and went into effect on January 1, 2025. This bill:
• Defines “livable space” as a space in a dwelling intended for human habitation, as the term appears in Government Code sections 66313, subdivision (e), and 66323, subdivision (a)(3)(A).
• Specifies that uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced.
• Authorizes up to eight detached ADUs on a lot with an existing multifamily dwelling, provided that the number of ADUs does not exceed the number of existing units on the lot.
• Prohibits a local agency from imposing any objective development standards on 66323 Units that are not authorized by the provisions of Government Code section 66323, subdivision (a).
SB 477
SB 477 (Chapter 7, Statutes of 2024) made changes to the numbering of the sections of Government Code for State ADU and JADU Laws. The bill went into effect on March 25, 2024.
New Government Code Sections Previous Government Code Sections Article 1. General Provisions
66310 65852.150 (a)
66311 65852.150 (b)
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New Government Code Sections Previous Government Code Sections 66312 65852.150 (c)
66313 General Definition Section
65852.2 (j)
65852.22 (j)
Article 2. Accessory Dwelling Unit Approvals
66314 65852.2 (a)(1)(A),
(D)(i)-(xii),
(a)(4)-(5)
66315 65852.2 (a)(8)
66316 65852.2 (a)(6)
66317 65852.2 (a)(3),
(a)(7)
66318
65852.2 (a)(9)
65852.2 (a)(2)
66319 65852.2 (a)(10)
66320 65852.2 (b)
66321 65852.2 (c)
66322 65852.2 (d)
66323 65852.2 (e)
66324 65852.2 (f)
66325 65852.2 (g)
66326 65852.2 (h)
66327 65852.2 (i)
66328 65852.2 (k)
66329 65852.2 (l)
66330 65852.2 (m)
66331 65852.2 (n)
66332 65852.23.
Article 3. Junior Accessory Dwelling Units
66333 65852.22 (a)
66334 65852.22 (b)
66335 65852.22 (c)
66336 65852.22 (d)
66337 65852.22 (e)
66338 65852.22 (f)-(g)
66339 65852.22 (h)
Article 4. Accessory Dwelling Unit Sales
66340 65852.26 (b)
66341 65852.26 (a)
66342 65852.2 (a)(10)
Note: The statutory references below have been adjusted to the new numbering described above.
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AB 976 and AB 1033
AB 976 (Chapter 751, Statutes of 2023) and AB 1033 (Chapter 1033, Statutes of 2023) made changes to State ADU Law (Gov. Code, §§ 66310-66342) regarding the occupancy, sale, and separate conveyance of ADUs and went into effect on January 1, 2024. These bills:
• Removed the existing 2025 sunset prohibition on a local agency imposing an owner- occupancy requirement on any ADU and would instead prohibit a local agency from requiring owner-occupancy for an ADU (Gov. Code, § 66315). • Authorized a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU(s) as condominiums, subject to certain conditions (Gov. Code, §§ 66340-66342). Specifically:
o Condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act.
o Condominiums shall be created in conformance with the Subdivision Map Act. o Requires a safety inspection of the ADU prior to recordation of the condominium plan.
o Requires lienholders’ consent prior to recordation of the subdivision map or condominium plan.
o The local agency shall provide notice to consumers regarding requirements, establishment of condominium, and lienholder consent.
o Requires homeowner notice to utilities.
o The owner of a separate interest in an existing planned development must obtain express written authorization from the association.
AB 1332
AB 1332 (Chapter 759, Statutes of 2023) added section 65852.27 to the Government Code to expedite the approval of ADUs and went into effect on January 1, 2024. This bill:
• Requires the local agency to develop a program for the preapproval of ADU plans by January 1, 2025.
• Requires the local agency to accept ADU plan submissions for preapproval from any party and approve or deny applications pursuant to standards established in Government Code sections 66314-66342.
• Requires the local agency to post preapproved ADU plans and the contact information of the applicant on the local agency’s internet website. • Allows the local agency to also post plans pre-approved by other local or state agencies.
• Authorizes a local agency to charge a fee to an applicant for the preapproval of an ADU plan.
• Requires a local agency to approve or deny within 30 days an application for a detached ADU that utilizes either a plan preapproved by the local agency or another agency within the state, or a plan that is identical to a plan in a previously approved application for a detached ADU. The plans must be valid within the current triennial California Building Standards Code rulemaking cycle.
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AB 434
AB 434 (Chapter 740, Statutes of 2023) modified amended Government Code section 65585, subdivision (j), by adding State ADU Law (Gov. Code, §§ 66310-66342) and SB 9 (Gov. Code, §§ 65852.21, 66411.7), among others, to the list of laws that HCD is authorized to enforce, including HCD’s authority to notify a city, county, city and county, or the Attorney General when the planning agency of a city, county, or city and county fails to comply with those laws. The bill went into effect on January 1, 2024.
AB 345
AB 345 (Chapter 343, Statutes of 2021) built upon recent changes to State ADU Law, to require cities to allow the separate conveyance of ADUs from the primary dwelling in certain circumstances, provided they meet certain conditions, including those listed below, found in Government Code section 66341:
• The ADU or primary dwelling was built or developed by a qualified nonprofit (Gov.
Code, § 66341, subd. (a)).
• There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and Taxation Code (Gov. Code, § 66341, subd. (b)).
• The entire property is subject to the affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for 45 years and are sold or resold only to a qualified buyer (Gov. Code, § 66341, subd. (c)). • The property is held in a recorded tenancy in common agreement that meets certain requirements (Gov. Code, § 66341, subd. (c)).
AB 3
45 does not apply to JADUs, and local ordinances must continue to prohibit JADUs from being sold separately from the primary residence.
AB 3182
AB 3182 (Chapter 198, Statutes of 2020) built upon recent changes to ADU Law, specifically Government Code sections 66310-66342 and Civil Code Sections 4740 and 4741, to further address barriers to the development and use of ADUs and JADUs.
This legislation, among other changes, addressed the following:
• States that an application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not approved or denied the completed application within 60 days (Gov. Code, § 66317, subd. (a)). • Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), ATTACHMENT 1 - 55
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within the proposed or existing single-family dwelling, if certain conditions are met (Gov.
Code, § 66323, subd. (a)(1)(A)).
• Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development, notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents (Civ. Code, §§ 4740, subd. (a); 4741, subd. (a)). • Provides that not less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units (Civ. Code, § 4741, subd. (b)).
AB 68, AB 881, and SB 13
AB 68 (Chapter 655, Statutes of 2019), AB 881 (Chapter 659, Statutes of 2019), and SB 13 (Chapter 653, Statutes of 2019) built upon recent changes to State ADU and JADU Law and further address barriers to the development of ADUs and JADUs.
This legislation, among other changes, addresses the following:
• Prohibits local agencies from including in development standards for ADUs requirements on minimum lot size. (Gov. Code, § 66314, subd. (b)(1)). • Clarifies that areas designated by local agencies for ADUs may be based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety (Gov. Code, § 66314, subd. (a)).
• Eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1, 2020, and January 1, 2025 (Gov. Code, § 66315). • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and requires approval of a permit to build an ADU of up to 800 square feet (Gov. Code, § 66321, subds. (b)(2), (b)(3)).
• Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement of off-street parking spaces cannot be required by the local agency (Gov. Code, § 66314, subd. (d)(11)). • Reduces the maximum ADU and JADU application review time from 120 days to 60 days (Gov. Code, §§ 66317, subd. (a); 66335, subd. (2)). • Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public (Gov. Code, § 66313, subd. (m)).
• Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit (Gov. Code, § 66311.5, subd. (c)(1)). • Defines an “accessory structure” to mean a structure that is accessory and incidental to a dwelling on the same lot (Gov. Code, § 66313, subd. (b)). • Authorizes HCD to notify the local agency if HCD finds that the local ADU ordinance is not in compliance with state law (Gov. Code, § 66326, subd. (b)(1)).
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• Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy its Regional Housing Needs Allocation (RHNA) (Gov. Code, § 65583.1, subd. (a)). • Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them (Gov. Code, § 66335.5).
• Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single-family residence (Gov. Code, § 66333, subd. (d)). • Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency (Gov. Code, § 66331; HSC, § 17980.12).
AB 587, AB 670, and AB 671
In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an impact on State ADU Law, particularly through Health and Safety Code section 17980.12.
These pieces of legislation, among other changes, address the following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separately from the primary dwelling by allowing deed-restricted sales to occur if the local agency adopts an ordinance. To qualify, the primary dwelling and the ADU are to be built by a qualified nonprofit corporation whose mission is to provide units to low-income households. (Gov. Code, § 66340, 66341.)
• AB 670 provides that covenants, conditions, and restrictions that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use are void and unenforceable (Civ. Code, § 4751)). • AB 671 requires local agencies’ housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low-, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction, and operation of affordable ADUs (Gov. Code, § 65583; HSC, § 50504.5)).
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Summary Table of Statutory Changes
Bill Statute Amended Section Year Effective
AB 670 (2019) Civil Code 4751 2020
AB 671 (2019) Government Code 65583 (c)(7) 2020
AB 671 (2019) Health and Safety Code 50504.5 2020
AB 3182 (2020) Civil Code 4740
4741 2021
AB 345 (2021) Government Code 65852.26 2022
SB 9 (2021) Government Code 65852.21
66411.7 2022
AB 1584 (2022) California Civil Code 714.3 2022
SB1069 (2016)
AB 2299 (2016)
SB 229 (2017)
AB 494 (2017)
AB 881 (2019)
AB 68 (2019)
SB 13 (2019)
AB 3182 (2020)
AB 345 (2021)
AB 2221 (2022)
SB 897 (2022)
AB 976 (2023)
AB 1033 (2023)
Government Code 65852.2 2023
AB 2406 (2016)
AB 881 (2019)
SB 897 (2022)
Government Code 65852.22 2023
SB 897 (2022) Health and Safety Code 17980.12 2023
AB 1332 (2023) Government Code 65852.27 2024
AB 434 (2023) Government Code 65585 (j) 2024
SB 477 (2024) Government Code
65852.150
65852.2
65852.22
65852.23
65852.26
2024
AB 2533 (2024) Government Code 66322 2025
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69 59
SB 1211 (2024) Government Code
66313
66314
66323
2025
AB 3057 (2024) Public Resources Code 21080.17 2025
AB 130 Government Code 66323 2025
AB 462 Government Code 66328
66329 2025
SB 543 Government Code
66311
66313
66317
66320
66323
66324
66327
66325
66332
66335
66335.5
66339.5
2026
SB 9 (2025) Government Code 66326 2026
AB 1154 (2025) Government Code 66333 2026
SB 1077 (2024) Public Resources Code 30500.5 2026
ATTACHMENT 1 - 59
70 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
March 13
, 2023
Tony Stewart, Director of Community Development
City of Port Hueneme
Community Development Department
250 N. Ventura Road
Port Hueneme, CA 93041
Dear Tony Stewart:
RE: Review of Port Hueneme’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, § 65852.2)
Thank you for submitting the City of Port Hueneme (City) accessory dwelling unit (ADU) Ordinance No. 791 (Ordinance), adopted January 17, 2023, to the California Department of Housing and Community Development (HCD). HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 65852.2, subdivision (h). HCD finds that the Ordinance does not comply with section 65852.2 in the manner noted below. Under that statute, the City has up to 30 days to respond to these findings. Accordingly, the City must provide a written response to these findings no later than April 12, 2023.
The Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law in the following respects:
• 10802 (D) and (D)(5) – ADU Limitation – The Ordinance states that “[o]nly one (1) accessory dwelling unit shall be allowed on a single lot of record….” And that “A lot may contain up to one ADU and one JADU...” However, Government Code section 65852.2, subdivision (e)(1), states that “[n]otwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling…(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure.” Moreover subparagraph (B) permits “[o]ne detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks.” The use of the term any followed by an enumeration of by- right ADU types permitted indicate that any of these ADU types can be combined on a lot zoned for single family dwellings. This permits the creation of ATTACHMENT 2 - 1
71 Tony Stewart, Director of Community Development
one converted ADU, one detached, new construction ADU, and one JADU. The City must amend it to reflect statute.
• 10802 (D)(5)(a)(3) – Setbacks – The Ordinance states that “A lot may contain up to one ADU and one JADU is all of the following apply: …the side and rear setbacks are sufficient for fire and safety.” However, Government Code section 65852.2, subdivision (a)(1)(B)(i), allows the City to impose objective standards on dwelling units, and pursuant to subdivision (j)(7), “objective standards” means “standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.” Additionally, Government Code section 65852.2, subdivision (a)(1)(D)(vii), states that a setback of no more than four feet from side and rear lot lines shall be required for an ADU. Therefore, the City must amend the Ordinance to comply with State ADU Law and should clearly indicate what “sufficient for fire and safety” means so that subjective standards are not being applied.
• 10802 (D)(5)(b)(3) and (D)(6)(b) – Height – The Ordinance states that a detached new construction accessory dwelling unit shall have a maximum height of 18 feet. However, Government Code section 65852.2, subdivision (c)(2)(D)(ii), prohibits a local agency from limiting “[a] height of 18 feet for a detached accessory dwelling unit 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. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.” Therefore, the City must amend the Ordinance to allow for an additional two feet of height when applicable.
• 10802 (D)(7) – Design Requirements – The Ordinance states that “[t]he architectural treatment and exterior composition of the ADU must be of the same materials, colors and architectural styling of the primary unit, or the entire structure primary dwelling unit must be modified to match the proposed architecture of the ADU.” However, local development standards provided by the Ordinance pursuant to Government Code section 65852.2, subdivisions (a) through (d), cannot preclude the approval of ADUs created under subdivision (e). The City must note the exception.
• 10802 (D)(8) – Entry – The Ordinance states “[i]f the accessory dwelling unit has a separate entrance from the primary housing unit, the entrance of the accessory dwelling unit cannot face the front property line or must otherwise be oriented so as to clearly subordinate to the primary entrance of the primary housing unit.” Statutes for both ADUs and JADUs require independent entry ATTACHMENT 2 - 2
72 Tony Stewart, Director of Community Development
into the unit. (Gov. Code, §65852.2, subd. (e)(1)(A)(ii) and Gov. Code, § 65852.22, subd. (a)(5)). Furthermore, local development standards provided by the Ordinance pursuant to Government Code section 65852.2, subdivisions (a) through (d), may not preclude ADUs created under Government Code section 65852.2, subdivision (e). Therefore, the City must amend the Ordinance to comply with State ADU Law.
• 108
02 (E)(3) – Multifamily and Subdivision (a) – The Ordinance states that “[n]ot more than two detached ADUs may be located on a lot that contains an existing multifamily dwelling” in accordance with Government Code section 65852.2, subdivisions (e)(1)(C) and (e)(1)(D). However, it omits the creation of ADUs with proposed multifamily buildings subject to Government Code section 65852.2, subdivision (a). Government Code section 65852.2, subdivision (a)(1)(D)(ii), requires ministerial approval for ADUs when “[t]he lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.” Therefore, the City must add language to conform to State ADU Law.
• 10802 (F)(6) – Parking – The Ordinance requires replacement parking in the event that a garage is converted to a JADU. However, Government Code section 65852.22, subdivision (b)(1), states “[a]n ordinance shall not require additional parking as a condition to grant a permit.” Therefore, the City must remove this requirement.
• 108
02 (G)(2) – Affordability Covenant – The Ordinance requires a deed restriction with an automatically renewing 55-year term to restrict ADU rents to low- or very low-income levels. However, Government Code section 65852.2, subdivision (a)(8), states “[t]his subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed except that, subject to subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner- occupant or that the property be used for rentals of terms longer than 30 days.” Therefore, any manner of affordability covenant exceeds statute.
Furthermore, this restriction appears to have the practical effect of requiring rental and disallowing occupation by a relative or any other tenant without payment. This may constrain housing choice and result in discriminatory effects on families with children, people with disabilities, and other protected groups in violation of state and federal fair housing laws, including but not limited to Government Code section 65008, subdivisions (a)(1)(A) and (b)(1)(B)(i).
Lastly, requiring such a deed restriction as a condition of approval constitutes a local regulation on a proposed ADU that violates statute; Government Code ATTACHMENT 2 - 3
73 Tony Stewart, Director of Community Development
section 65852.2, subdivision (a)(7) states “[n]o other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.” In summary, the City must remove this section.
In response to the findings in this letter, and pursuant to Government Code section 65852.2, subdivision (h)(2)(B), the City must either amend the Ordinance to comply with State ADU Law or adopt the Ordinance without changes. Should the City choose to adopt the Ordinance without the changes specified by HCD, the City must include findings in its resolution that explain the reasons the City finds that the Ordinance complies with State ADU Law despite the findings made by HCD. Accordingly, the City’s response should provide a plan and timeline to bring the Ordinance into compliance.
Please note that, pursuant to Government Code section 65852.2, subdivision (h)(3)(A), if the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD may notify the City and the California Office of the Attorney General that the City is in violation of State ADU Law.
HCD appreciates the City’s efforts provided in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law. Please contact Mike Van Gorder, of our staff, at (916) 916-776-7541 or at [email protected] if you have any questions or w ould like HCD’s technical
assistance in these matters.
Si
ncerely,
Shan
nan West
Housing Accountability Unit Chief
ATTACHMENT 2 - 4
74 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
January 24, 2024
Tony Stewart, Director of Community Development
City of Port Hueneme
Community Development Department
250 N. Ventura Road
Port Hueneme, CA 93041
Dear Tony Stewart:
RE: Letter of Technical Assistance: City of Port Hueneme ADU Ordinance
On March 13, 2023, the California Department of Housing and Community Development (HCD) provided written findings of non-compliance to the City of Port Hueneme (City) accessory dwelling unit (ADU) Ordinance Number 791 (Ordinance). On June 13, 2023, the City submitted its written response to HCD’s findings. HCD appreciates the City’s time and effort in crafting its response.
However, the City’s response fails to address substantial inconsistencies between the City’s zoning code and State ADU Law.
HCD requests that the City respond to this letter no later than February 24, 2024, with a detailed plan of action and timeline to bring the Ordinance into compliance pursuant to Government Code section 65852.2, subdivision (h)(2)(B). Specifically, the City must either amend the Ordinance according to HCD’s findings or readopt the Ordinance and make express findings via resolution addressing HCD's findings and explaining the reasons the City believes it has complied with State ADU Law despite HCD’s findings. (Gov. Code, § 65852.2, subd. (h)(2)(B)).
Pursuant to Government Code section 65852.2, subdivision (h)(3)(A), HCD may notify the Attorney General when a local ordinance is in violation of State ADU Law.
Background and Summary of Issues
In its March 13, 2023, findings, HCD detailed the areas of the Ordinance which violate Government Code section 65852.2. Government Code section 65852.2, subdivision (h)(2)(A), requires that HCD provide jurisdictions “a reasonable time, no longer than 30 days, to respond….” HCD staff reached out on April 24, 2023 to inquire as to the City’s response, and was told the City Attorney was drafting it. On May 26, 2023, HCD staff reached out again offering to meet with Port Hueneme staff to discuss the letter. No ATTACHMENT 2 - 5
75 Tony Stewart, Director of Community Development
official response was provided until June 13, 2023. In its June 13, 2023, letter, the City responded point by point to the findings as they were presented in the HCD letter. This letter will provide responses to the City’s specific findings that HCD still considers outstanding and inconsistent with State ADU Law. Note that HCD is only responding the findings that are inconsistent with State ADU Law and will omit from this letter mention of findings that have been properly addressed.
For reference and convenience, HCD’s original finding is included in italicized font, followed by the City’s response in italicized font, followed by HCD’s current response in regular font.
1) HCD’s Original Finding
“10802 (D) and (D)(5) – ADU Limitation – The Ordinance states that "Only one (1) accessory dwelling unit shall be allowed on a single lot of record…." And that "A lot may contain up to one ADU and one JADU..." However, Government Code section 65852.2, subdivision (e)(1), states that "Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling…(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure." Additionally, subparagraph (B) permits "One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks." The use of the term any followed by an enumeration of by-right ADU types permitted indicate that any of these ADU types can be combined on a lot zoned for single-family dwellings. This permits the creation of one converted ADU, one detached, new construction ADU, and one junior accessory dwelling unit (JADU). The City must amend it to reflect statute.”
Port Hueneme’s Response
“The Department of Housing and Community Development’s (HCD) interpretation of Government Code section 65852.2, subdivision (e)(1) is flawed and not supported by the plain language of the statute. The relevant section provides:
Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single- family dwelling if [a number of provisions apply]; (B) one detached, new construction, accessory. dwelling unit that does not exceed four-foot side and rear setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). . . . (C)(i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable ATTACHMENT 2 - 6
76 Tony Stewart, Director of Community Development
space . . . (D)(1) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling . . . (Emphasis added).”
HCD contends that “[t]he use of the term any followed by an enumeration of by-right ADU types permitted indicate that any of these ADU types can be combined on a lot zoned for single family dwellings.” (Emphasis in original). HCD posits the statute requires one converted ADU, one detached, new construction ADU, and one JADU.
This interpretation however, completely ignores the fact that subdivisions (C) and (D) are not applicable to single-family lots. The plain language of this statute indicates that certain of the enumerated subdivisions may only be utilized for proposed or existing multifamily dwellings.
Furthermore, HCD’s interpretation renders the penultimate sentence of subdivision (B) superfluous, which is disfavored in statutory interpretation. This sentence, emphasized above, makes clear that one detached, new construction ADU may be combined with a JADU, as described in subparagraph (A). It is important to note that subdivision (A) allows for one ADU and one JADU. When subdivision (B) states that a new construction, detached ADU may be combined with the JADU, the legislature specifically excluded the additional ADU contemplated by subdivision (A).
HCD’s interpretation of the provisions of this statute is unreasonable given the plain language and unsupported by any statutory analysis.”
HCD’s Follow-up Re
sponse
Subdivi
sion (e) allows for the combination of units as dictated by the type of primary dwelling unit. HCD’s initial response highlighted only those relevant to single-family homes, which would be the allowed combination of a converted unit and JADU per subdivision (e)(1)(A), and a detached new-construction unit up to 800 square feet per subdivision (e)(1)(B). To clarify, the application of subdivision (e) would require the combination of converted units per subdivision (e)(1)(C), and two detached units pursuant to (e)(1)(D). Port Hueneme must approve the combination, with respect to the type of the primary dwelling, whether single-family or multifamily. There is no ambiguity because subdivisions (e)(1)(A) and (e)(1)(B) explicitly refer to ADU types to be created with a single-family dwelling and subdivisions (e)(1)(C) and (e)(1)(D) refer to ADU types to be created with a multifamily dwelling.
The use of the term “any” followed by an enumeration of by-right ADU types permitted indicate that any of these ADU types can be combined on a lot zoned for single family dwellings. This was changed in 2019 with the passing of clean-up legislation (AB 3182). The Legislature changed “or” to “and” in subparagraph (A) of subdivision (e)(1), but they left the “or” in (A)(i). This change validates HCD’s understanding that two units are allowed under subparagraph (A), with the criteria for creating these two units specified in the subsequent clauses.
ATTACHMENT 2 - 7
77 Tony Stewart, Director of Community Development
This permits a homeowner to create one converted ADU and one JADU. Thus, if the local agency approves an ADU that is created from existing (or proposed) space, and the owner subsequently applies for a detached ADU (or vice versa) that meets the size and setbacks pursuant to the subdivision, the local agency cannot deny the application, nor deny a permit for a JADU under this section. HCD notes that the Legislature, in creating the list, did not use “or” nor “one of” to indicate only one or another would be applicable to the exclusion of the other. Limiting single-family lots to one ADU would prevent property owners from creating ADUs by right under subdivision (e)(1). The additional positive mention of combining a converted (e)(1)(B) ADU and an (e)(1)(A) JADU does not invalidate the prescribed combinations stated at the opening of subdivision (e), as the change from “or” to “and” earlier in the subdivision indicates the legislature’s intention to promote this combination.
The City states that the second sentence of subdivision (e)(1)(B) is rendered superfluous under HCD’s expressed interpretation, and that such superfluousness invalidates the interpretation. However, it is not superfluous. Statute’s pluralistic allowance of ADU and JADU combinations is reinforced with the second sentence of subdivision (e)(1)(B), just as statute prohibits the use of minimum lot sizes in multiple places throughout statute – subdivisions (a)(1), (c)(2)(C), and (e)(6). HCD’s interpretation would allow for a combination of a converted ADU under (e)(1)(A) with the detached ADU in (e)(1)(B). The second sentence of subdivision (e)(1)(B) reinforces the combination of a detached ADU and a JADU; A JADU does not have to be combined with a converted ADU only. HCD’s statutory analysis is sound, has been legally vetted, and has precedent in other recent ordinance review letters such as our December 9, 2022, letter to Sunnyvale
1 or our August 30, 2023, letter to
Tiburon.2 Port Hueneme must approve such combinations.
2) HCD’s Original Finding
“10802 (D)(5)(a)(3) – Setbacks – “The Ordinance states that “A lot may contain up to one ADU and one JADU is all of the following apply: …the side and rear setbacks are sufficient for fire and safety.” However, Government Code section 65852.2, subdivision (a)(1)(B)(i), allows the City to impose objective standards on dwelling units, and pursuant to subdivision (j)(7), “objective standards” means “standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.” Additionally, Government Code section 65852.2, subdivision (a)(1)(D)(vii), states that a setback of no more than four feet from side and rear lot lines shall be required for an ADU. Therefore, the City must amend the Ordinance to
1 Review of Sunnyvale’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov.
Code, § 65852.2)
2 Review of Tiburon’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, § 65852.2)
ATTACHMENT 2 - 8
78 Tony Stewart, Director of Community Development
comply with State ADU Law and should clearly indicate what “sufficient for fire and safety” means so that subjective standards are not being applied.”
Port Hueneme’s Response
“HCD takes issue with language that is included in the statute notwithstanding the fact that the City is under no mandatory duty to adopt an ordinance. Government Code section 65852.2, subdivision (e)(1)(A)(iii) states, “[t]he side and rear setbacks are sufficient for fire and safety” in one of the criteria for by-right approval of one ADU and one JADU pursuant to subdivision (A) above. It is important to note that while HCD argues that this imposes subjective criteria into the ADU approval process, this language was specifically selected by the State legislature. The City was under no affirmative duty to enact an ordinance but was authorized to do so by SB 897. If the City had not enacted its ADU ordinance the offending language would still be required pursuant to the default State provisions. Accordingly, the State set the criteria for when an ADU and JADU may be permitted on a lot with a proposed or existing single-family dwelling and determined that “side and rear setbacks are sufficient for fire and safety” was sufficiently objective criteria for ministerial approval for such housing. HCD cannot now take issue with the specific, objective language chosen by the State legislature in enacting SB 897.”
HCD’s Follow-up Respo
nse
While the C
ity is under no obligation to adopt an ordinance, Government Code section 65852.2, subdivision (a)(1), the authorizing statute, prescribes that an adopted “ordinance shall do all of the following:” and the subdivision lists the provisions that the ordinance must adhere to.
HCD’s finding addresses units that are subject to Government Code section 65852.2, subdivision (a), not those under subdivision (e). The City responded with a citation to subdivision (e)(1)(A)(iii). Please note that this citation would only apply to a unit created subject to subdivision (e) and not to subdivision (a). Subdivision (a) units are subject to local development standards, which are specified in subdivisions (a) through (d). Subdivision (e) begins with the phrase, “Notwithstanding sections (a) through (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following….” Units created pursuant to subdivision (e) are subject only to the standards in that section. Subdivision (a)(1)(D)(vii) is explicit in requiring no more than 4-foot side and rear setbacks.
3) HCD’s Original Finding
10802 (G)(2) – Deed Restriction – The Ordinance requires a deed restriction with an automatically renewing 55-year term to restrict ADU rents to low- or very low-income levels. However, Government Code section 65852.2, subdivision (a)(8), states "[t]his subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed except that, subject to subparagraph (B), ATTACHMENT 2 - 9
79 Tony Stewart, Director of Community Development
a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days." Therefore, any manner of affordability covenant exceeds statute.
Furthermore, this restriction appears to have the practical effect of requiring rental and disallowing occupation by a relative or any other tenant without payment. This may constrain housing choice and result in discriminatory effects on families with children, people with disabilities, and other protected groups in violation of state and federal fair housing laws, including but not limited to Government Code section 65008, subdivisions (a)(1)(A) and (b)(1)(B)(i).
Requiring such a deed restriction as a condition of approval constitutes a local regulation on a proposed ADU that violates statute; Government Code section 65852.2, subdivision (a)(7) states "[n]o other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision." In summary, the City must remove this section.
Port Hueneme’s Response
“Once again, HCD takes issue with the affordability covenant. On August 18, 2022, myself, Tony Stewart, Shawn Danino, Mike Van Gorder, Jay Cross, and Cerlinda (surname unknown) met via zoom to discuss the ADU ordinance and the affordability covenant. During that meeting, I presented the City’s position that the affordability covenant is not a design standard and is not affected by Government Code sections 65852.2 or 65852.22, which is plainly stated as the import of Section 65852.2, subdivision (a)(8). I was informed that HCD would look into the issues I raised and provide analysis on its authority to regulate this matter in the absence of apparent authority to do so. In fact, Mr. Cross represented the City could expect HCD’s response within two to three weeks. To date, no analysis responding to my concerns has been provided.
The presence of an affordability covenant does not add any design standard.
Furthermore, there is no reasonable argument that executing a form affordability covenant is the basis for delay or denial in contravention of subdivision (a)(7). This form is executed at the time of submission of a ministerial application and has no ability to delay the issuance of a building permit. In addition, this covenant does not impose any subjective criteria; it is submitted, or it is not. The stated purpose of Government Code sections 65852.150 et seq. to provide ADUs as a valuable form of housing to “family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods.” Moreover, the State indicates that available housing is falling short of meeting existing and future housing demands.
During our August 18, 2022, meeting, I explained that the City of Port Hueneme is a built-out beach community. There is a very real threat that these ADUs are not going to contribute to the State’s housing needs as contemplated by the ADU statutes.
ATTACHMENT 2 - 10
80 Tony Stewart, Director of Community Development
Without an affordability covenant, these properties will be rented out for summer getaways at significantly above market prices doing nothing to alleviate the State’s housing concerns. It is for this reason that HCD was contacted in the first instance regarding this covenant.
Given that this covenant imposes no design criteria, I inquired as to HCD’s authority to regulate in this area pursuant to Sections 65852.2 and 65852.22. I explained that this issue is one of municipal concern and the City’s Charter would provide authority for this imposition. I specifically requested that HCD identify a single statute that the City is violating. Instead, HCD reiterates that the affordability covenant is a design standard and delays the process, which is objectively incorrect.
In the March 13, 2023, letter, the statement is made that the affordability covenant may discriminate against certain groups in violation of state and federal housing laws with a reference to Government Code section 65008. It is unclear how HCD alleges this Section is implicated, as there is no reference to lawful occupation, age, familial status, or any characteristic that would appear to offend these protected classes. The City requests an explanation of this reference. In the event such discrimination is implicated the City is committed to remedying the situation.”
HCD’s Follow-Up Response
HCD did not find that the requirement of an affordability covenant a “design standard”. The initial letter referred to Government Code section 65852.2, subdivision (a)(8) to note that “no additional standards” may apply other than those that appear within the section. This was to illustrate that deed restrictions and affordability covenants are not found in State ADU Law, and their inclusion would violate subdivision (a)(8). The City took the use of this reference as grounds for its claim that HCD considers an affordability covenant a design standard, and, to paraphrase, “therefore as it is not a design standard, HCD has no enforcement authority.” This statement is baseless, as only part of state ADU statute is relevant to design standards, and HCD enforces the whole of ADU statute.
The City states “there is no reasonable argument that executing a form affordability covenant is the basis for delay or denial in contravention of subdivision (a)(7). This form is executed at the time of submission of a ministerial application and has no ability to delay the issuance of a building permit.” This form, while required by the Ordinance, does not appear in the Ordinance itself and is therefore explicitly subject to Government Code section 65852.2, subdivision (a)(7), which states, “No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.” The Ordinance states, “the property owner shall file with the County Recorder upon approval by the City Attorney as to form and content, a deed restriction covenant…” and “the property owner shall file with the County Recorder upon approval by the City Attorney as to form and content an affordable housing agreement.” The timing of the execution of the forms in question is immaterial, as their requirement as part of the application process is the core issue.
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81 Tony Stewart, Director of Community Development
ADU applications wi thout a deed restriction or compliant affordability covenant may be considered “incomplete”. Therefore, the absence of such a deed restriction and/or covenant would be the grounds for the City’s refusal to process the application or delaying the application until it expires, or otherwise delaying or denying a building permit. HCD has received complaints from homeowners in the City that refused to sign the affordability covenant and whose ADU applications were considered incomplete, not accepted, or otherwise not allowed to proceed. By deeming an application incomplete or otherwise not processing the application, the City effectively denies the ADU application.
Th
e City states that HCD has not provided an analysis of its position. The analysis was incorporated in the March 13, 2023, findings letter. The City made no substantial response to HCD’s concern that an affordability requirement as written would require rentability and prohibit occupation without payment of rent, but instead asked for substantiation as to how that presents a fair housing challenge. To this question: requiring that ADUs be available only for rent to lower-income households or seniors would disallow occupation without payment of rent, which would prevent use by family members (for example, the adult child of the homeowner and that adult child’s family) or disabled relatives. Therefore, both familial status and disability could constitute grounds for a fair housing conflict. Alternatively, permanently suppressing potential income from the ADU actively discourages development of a unit that could be used as a low-income unit at some point or points in its life cycle.
A homeowner is less likely to create a low-income unit if they are obligated to permanently restrict its potential income, leading to a potential “no-win” situation for affordability.
In response to the City’s concern that ADUs would be rented out as “summer getaways” rather than as permanent residences, Government Code section 65852.2, subdivision (a)(8)(C) states “A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.”
Review of the City’s most recent adopted housing element reveals an inconsistency.
On page 1-32, under Quantified Objectives, the City projects the development of eight ADUs (roughly 6.5 percent of its total Regional Housing Needs Assessment (RHNA) obligation) over the planning period. These ADUs are projected as being specifically and exclusively for the moderate-income category. Requiring that all ADUs be income-restricted to low- or very low-income residents in perpetuity, would prohibit the development of the eight moderate-income ADUs that the City has claimed in its RHNA obligations.
ATTACHMENT 2 - 12
82 Tony Stewart, Director of Community Development
Conclusion
Given the deficiencies described above and in HCD’s March 13, 2023 letter, the City’s Ordinance is inconsistent with State ADU Law. Government Code section 65852.2, subdivision (a)(4), states that if “a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision.... that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.” HCD has the authority to make findings as to whether an ADU ordinance complies with the requirements of this subdivision. (Gov. Code, § 65852.2, subd. (h)(1).) Government Code section 65852.2, subdivision (h)(3)(A), authorizes HCD to notify the California Office of the Attorney General that the City is in violation of this state law.
HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law.
Please feel free to contact Mike Van Gorder, of our staff, at (916) 776-7541 or at [email protected].
Sincerely,
Jamie C
andelaria
Senior Housing Accountability Unit Manager
Housing Policy Development Division
ATTACHMENT 2 - 13
83 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
July 9, 2024
T
ony Stewart, Director of Community Development
City of Port Hueneme
Community Development Department
250 N. Ventura Road
Port Hueneme, CA 93041
Dear Tony Stewart:
RE: City of Port Hueneme Non-Compliant Ordinance Under State Accessory Dwelling Unit (ADU) Law – Notice of Violation
Please Note: As of M
arch 25, 2024, with the Chaptering of Senate Bill (SB) 477 (Chapter 7, Statutes of 2024), the sections of Government Code relevant to State ADU and junior accessory dwelling unit (JADU) Law have been re-numbered (Enclosure).
The California Department of Housing and Community Development (HCD) is aware that the City of Port Hueneme (City) has not amended ADU Ordinance No. 791. HCD hereby notifies the City that its failure to either adopt an amended ordinance that complies with State ADU Law or adopt the Ordinance without changes and include findings explaining why the City believes the Ordinance complies with the law is unlawful under Government Code section 66326, subdivision (b)(2). In addition, the City’s failure to utilize State ADU Law in place of its non-compliant ordinance is a violation of Government Code sections 66325 and 66316.
Background
HCD issued a review of Port Hueneme’s ADU Ordinance on March 13, 2023. The Port Hueneme City Attorney’s office replied on June 13, 2023 to accept some of HCD’s findings while rejecting and rebutting other findings. HCD responded on January 24, 2024, addressing each point of rebuttal in the City’s response. City staff requested a meeting with HCD staff on February 28, 2024. During the meeting, City staff presented arguments to support the City’s position.
Analysis
HCD does not find the City’s responses in the June 13, 2023, letter and in the meeting on February 28, 2024, to be persuasive. HCD reaffirms the findings provided in the March 13, 2023, and January 24, 2024, letters. The City made no attempts to remedy ATTACHMENT 2 - 14
84 Tony Stewart, Director of Community Development
the findings in question, particularly the “ADU Limitation” and “Affordability Covenant” findings that were present in both of HCD’s letters and were a main point of contention in the February 28, 2024, meeting.
Pursuant to Government Code section 66326, subdivision (b)(2), after considering HCD’s findings, a local agency shall either amend its ordinance pursuant to HCD’s findings or adopt a non-compliant ordinance without changes. If the City chooses the latter option, the City must include findings via a resolution that explain why the ordinance complies with State ADU Law despite HCD’s findings. 1 Any final amendment
or resolution regarding the City’s ADU Ordinance must address all of HCD’s findings related to the City’s failure to comply with State ADU Law. Any amendment or resolution that does not address the entirety of HCD’s findings does not fulfill the requirements of Government Code section 66326, subdivision (b)(2).
The City has neither amended its Ordinance nor adopted the non-compliant Ordinance with findings in a resolution to adequately support why it believes it is compliant with State ADU Law, in violation of Government Code section 66326, subdivision (b)(2).
Accordingly, pursuant to section 66326, subdivision (c)(1), HCD is notifying the City that it “is in violation of state law.”
Additionally, because the City has not addressed the deficiencies in its ordinance that HCD identified, the City’s ordinance conflicts with state law. The City must therefore utilize State ADU Law when processing ADU applications pursuant to Government Code section 66325, which states, “Except as provided in subdivision (b), this article shall supersede a conflicting local ordinance.” Additionally, in accordance with Government Code section 66316, “If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article.”
Since the February 28, 2024, meeting, HCD has received multiple complaints through the ADU Technical Assistance Portal from Port Hueneme residents who claim that the City continues to act inconsistently with State ADU Law in ways that are relevant to HCD’s findings. In other words, the City continues to apply provisions of its Ordinance that do not comply with State ADU Law. As a result, the City is in violation of Government Code sections 66325 and 66316.
1 Gov. Code, § 66326, subd. (b)(2).
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85 Tony Stewart, Director of Community Development
Conclusion and Next Steps
HCD finds t
hat the City has failed to amend Ordinance No. 5997 to comply with Government Code sections 66310-66342 or adopt the Ordinance without changes with findings via a resolution explaining why the Ordinance complies with these sections despite HCD’s findings.2 In addition, the City has demonstrated that it is not applying the standards in State ADU Law until it adopts an ordinance that complies with the law.3 As a result, the City is in violation of State ADU Law.
As a reminder, HCD has enforcement authority over State ADU Law. 4 If HCD finds that a
city’s actions do not comply with State ADU Law, HCD may notify the California Office of the Attorney General that the local government is in violation of state law.5 The City has 30 days to respond to this Notice of Violation and must provide a written response and plan of action to remedy the violations of State ADU Law no later than August 9, 2024.
HCD will consider this response before taking further action authorized by state law, including referral to the California Office of the Attorney General.
If you have any questions or would like to discuss the contents of this letter., please contact Mike Van Gorder at [email protected].
Sincerely,
David Zisse
r
Assistant Deputy Director
Local Government Relations and Accountability
Enclosure – State ADU/JADU Law Statutory Conversion Table
2 Ibid.
3 Gov. Code, §§ 66325, 66316.
4 Gov. Code, §§ 65585, subd. (j)(15); 66326.
5 Gov. Code, §§ 65585, subd. (j); 66326, subd. (c)(1).
ATTACHMENT 2 - 16
86 State ADU/JADU Law Statutory Conversion Table
New Government Code Sections Previous Government Code Sections Article 1. General Provisions
66310 65852.150 (a)
66311 65852.150 (b)
66312 65852.150 (c)
66313 General Definition Section
65852.2 (j)
65852.22 (j)
Article 2. Accessory Dwelling Unit Approvals
66314 65852.2(a)(1)(A), (D)(i)-(xii), (a)(4)-(5)
66315 65852.2 (a)(8)
66316 65852.2 (a)(6)
66317 65852.2 (a)(3), (a)(7)
66318 65852.2 (a)(9), 65852.2 (a)(2)
66319 65852.2 (a)(10)
66320 65852.2 (b)
66321 65852.2 (c)
66322 65852.2 (d)
66323 65852.2 (e)
66324 65852.2 (f)
66325 65852.2 (g)
66326 65852.2 (h)
66327 65852.2 (i)
66328 65852.2 (k)
66329 65852.2 (l)
66330 65852.2 (m)
66331 65852.2 (n)
66332 65852.23.
Article 3. Junior Accessory Dwelling Units
66333 65852.22 (a)
66334 65852.22 (b)
66335 65852.22 (c)
66336 65852.22 (d)
66337 65852.22 (e)
66338 65852.22 (f)-(g)
66339 65852.22 (h)
Article 4. Accessory Dwelling Unit Sales
66340 65852.26 (b)
66341 65852.26 (a)
66342 65852.2 (a)(10)
ATTACHMENT 2 - 17
87 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
December 5, 2025
Patrick Prescott
Director, Community Development
City of Burbank
275 East Olive Avenue
Burbank, CA 91502
Dear Patrick Prescott:
RE: City of Burbank – Accessory Dwelling Unit (ADU) Ordinance Updates – Letter of Technical Assistance
The most recent ADU ordinance on file for the City of Burbank with the California Department
of Housing and Community Development (HCD) is from 2020. Given the numerous changes to State ADU Law since the adoption of the ordinance, the ordinance may be outdated and out of compliance with State ADU Law. If HCD’s records
are incorrect, and a new ordinance has been adopted, please submit i t to the ADU Portal for HCD’s review.
Below are the changes to State ADU Law that have occurred in recent years and may warrant
an update to the City of Burbank’s ADU ordinance:
Updates to the ADU Handbook (2025)
• Clarifies that ADU Law prohibits deed restrictions on ADUs. A deed restriction would be an “additional standard” and thus cannot be imposed on ADUs (Gov.
Code, § 66315).
• Clarifies that homeowners’ associations (HOAs), as a third party, cannot influence the approval of an application to create an ADU. Third party reviews by an HOA or their representatives or agents would violate State ADU Law. (Gov.
Code, § 66315.) No other local ordinances, policies, or regulations may be applied in the approval or denial of an ADU or junior ADU (JADU) permit application (Gov. Code, § 66317, subd. (c)).
• Clarifies that a local agency may not require parking as a condition to permitting a JADU, even when the JADU is converted from an attached garage (Gov. Code, § 66334, subd. (a)).
ATTACHMENT 3 - 1
88 Patrick Prescott, Director, Community Development
Changes to ADU Law in 2025:
• Specifies that if a JADU has shared sanitation facilities with the primary structure, owner-occupancy will be required. If the JADU does not have shared sanitation facilities, owner-occupancy will not be required (Gov. Code, § 66333, subd. (b)).
• Require rental terms for JADUs for terms longer than 30 days (Gov. Code, § 66333, subd. (g)).
• Specifies that if a local agency fails to submit an adopted ADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding their ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when permitting ADUs (Gov.
Code, § 66326, subd. (d)).
• Revises the definition of a “junior accessory dwelling unit” to require the size of a JADU to be no more than 500 square feet of interior livable space (Gov. Code, § 66313, subd. (d)).
• Revises the limitations on impact fees to, instead, prohibit impact fees upon the development of an ADU that has 750 square feet of interior livable space or less or a JADU that has 500 square feet of interior livable space or less, and to require that any impact fee on an ADU that has more than 750 square feet of interior livable space be charged proportionately in relation to the square footage of the primary dwelling unit (Gov. Code, § 66311.5, subds. (a) – (d)). • Requires a permitting agency to determine whether an application for an ADU or JADU is complete and provide written notice of the determination not later than 15 business days after the permitting agency received the application (Gov.
Code, § 66317, subd. (a)(2)(A)).
• Requires the permitting agency to provide the applicant with a list of incomplete items and a description of how the application can be made complete in the written notice and authorizes the applicant to cure and address the application, as specified, if it is determined that an application is incomplete (Gov. Code, § 66317, subd. (a)(2)(B)).
• Requires the permitting agency to provide a process for the applicant to appeal a denied application, as provided, and requires the permitting agency to provide a final written determination by not later than 60 business days after receipt of the written appeal if a permit application is determined to be incomplete or is denied (Gov. Code, § 66317, subd. (d)(1)).
• Specifies that an ADU or JADU that contains less than 500 square feet of interior livable space does not increase assessable space. • Revises size limitations to be based on the square footage of interior living space of the ADU (Gov. Code, § 66321, subds. (b)(2)(A), (b)(2)(B), and (b)(3)). • Specifies the number of allowable ADUs per lot with a proposed or existing single-family dwelling (Gov. Code, § 66323, subd. (a).
ATTACHMENT 3 - 2
89 Patrick Prescott, Director, Community Development
• Clarifies that fire sprinklers are not required for a JADU if the primary residence does not have fire sprinklers and that the addition of a JADU cannot trigger the requirement for fire sprinklers (Gov. Code, § 66323, subd. (d)). • Adds section 66333.5, which specifies that if a local agency fails to submit an adopted JADU ordinance to HCD within the 60-day timeline or fails to respond to HCD’s findings regarding their ordinance within the 30-day timeline, that ordinance is null and void and the local agency must only apply State ADU Law when processing applications for ADUs.
• Requires a local agency to issue a certificate of occupancy for an ADU constructed in a county that is subject to a proclamation of a state of emergency made by the Governor on or after February 1, 2025, even if the primary dwelling has not yet been issued a certificate of occupancy, if certain requirements are met, including that the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation (Gov. Code, § 66328).
• Creates an exception to areas that fall under the California Coastal Act by requiring a local government or the Coastal Commission, as specified, to either approve or deny a coastal development permit application for an ADU within 60 days of receiving a completed application (Gov. Code, § 66329, subd. (a).) • Specifies that no reimbursement is required for school service charges, fees, or assessments sufficient to pay for the program or level of service within the meaning of Government Code section 17556 (Gov. Code, § 66329). • Specifies that reasonable restrictions in covenants, restrictions, and conditions, as described in the Civil Code, shall not include any fees or other financial requirements (Civil Code, § 714.3, subd. (b)).
Changes to ADU Law in 2024:
• SB 477 (Chapter 7, Statutes of 2024) made changes to the numbering of the sections of the Government Code for State ADU and JADU Laws. • Prohibits a local agency from denying a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, for building code violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard (Gov.
Code, § 66332, subds. (a)-(c)).
• Defines “livable space” as a space in a dwelling intended for human habitation, as the term appears in Government Code sections 66313, subdivision (e), and 66323, subdivision (a)(3)(A).
• Provides that uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced (Gov. Code, § 66314, subd. (d)(11)).
ATTACHMENT 3 - 3
90 Patrick Prescott, Director, Community Development
• Changes the allowable number of detached ADUs on a lot with an existing multifamily dwelling to eight detached ADUs, provided that the number of ADUs does not exceed the number of existing units on the lot (Gov. Code, § 66323, subd. (a)(4)(A)(ii)).
• Prohibits a local agency from imposing any objective development standards on 66323 Units that are not authorized by the provisions of Government Code section 66323, subdivision (a) (Gov. Code, § 66323, subd. (b)).
Changes to ADU Law in 2023:
• Sunsets a former prohibition on a local agency imposing an owner occupancy requirement on any ADU and instead prohibits a local agency from requiring owner occupancy for an ADU (Gov. Code, § 66315).
• Allows a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and ADU(s) as condominiums, subject to certain conditions (Gov. Code, §§ 66340-66342).
Changes to ADU Law in 2021:
• Allows a local agency to permit the separate conveyance of ADUs from the primary dwelling under Government Code section 66341 in certain circumstances.
Changes to ADU Law in 2020:
• Requires that an application for the creation of an ADU or JADU is deemed approved (not just subject to ministerial approval) if the local agency has not approved or denied the completed application within 60 days (Gov. Code, § 66317, subd. (a)).
• Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), within the proposed or existing single-family dwelling, if certain conditions are met (Gov. Code, § 66323, subd. (a)(1)(A)). • Allows for rental or leasing of a separate interest ADU or JADU in a common interest development, notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents (Civ. Code, §§ 4740, subd. (a); 4741, subd. (a)). • Allows a homeowner to create “any of the following”: one converted or attached ADU; one detached, new construction ADU; and one JADU (Gov. Code, § 66323, subds. (a)(1)-(2)). More information can be found in HCD’s 2025 ADU Handbook.
ATTACHMENT 3 - 4
91 Patrick Prescott, Director, Community Development
Changes to ADU Law in 2019:
• Prohibits a local agency from including requirements on minimum lot size in development standards for ADUs (Gov. Code, § 66314, subd. (b)(1)). • Allows a local agency to designate areas where ADUs may be located based on the adequacy of water and sewer services, as well as on impacts on traffic flow and public safety (Gov. Code, § 66314, subd. (a)).
• Eliminates all owner occupancy requirements by a local agency for ADUs approved between January 1, 2020, and January 1, 2025 (Gov. Code, § 66315). • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and requires approval of a permit to build an ADU of up to 800 square feet (Gov. Code, § 66321, subds. (b)(2), (b)(3)).
• Prohibits a local agency from requiring replacement of off-street parking spaces for ADUs created through the conversion of a garage, carport, or covered parking structure (Gov. Code, § 66314, subd. (d)(11)).
• Reduces the maximum ADU and JADU application review time from 120 days to 60 days (Gov. Code, §§ 66317, subd. (a); 66335, subd. (2)). • Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes, and are available to the public (Gov. Code, § 66313, subd. (m)).
• Adds impact fee exemptions and limitations based on the size of the ADU.
ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees, but those fees must be proportional in size (by square foot) to fees charged for the primary dwelling unit (Gov. Code, § 66324, subd. (c)(1)).
• Defines of an “accessory structure” to mean a structure that is accessory and incidental to a dwelling on the same lot (Gov. Code, § 66313, subd. (b)). • Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them (Gov. Code, § 66320).
• Allows for a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom and an interior entry into the single-family residence (Gov.
Code, § 66333, subd. (d)).
• Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency (Gov. Code, § 66331; HSC, § 17980.12).
ATTACHMENT 3 - 5
92 Patrick Prescott, Director, Community Development
• Makes covenants, conditions, and restrictions that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use void and unenforceable (Civ. Code, § 4751)).
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 until it adopts an ordinance that complies with state law (Gov. Code, § 66316). HCD recommends that a local jurisdiction with a noncompliant ADU ordinance repeal the ordinance to provide clarity for ADU applicants who may otherwise rely on the outdated ordinance.
H
CD requests a response by January 4, 2026 with either (1) a description of how the ADU ordinance continues to comply with State ADU Law despite the changes to the law, or (2) a plan and timeline to either repeal the current ordinance or adopt an amended, compliant ordinance and submit it to HCD for review.
I
f you have any questions or need additional information, please contact Reshma Sen at [email protected].
S
incerely,
J
amie Candelaria
Section Chief, ADU Policy
Housing Accountability Unit
ATTACHMENT 3 - 6
93 This review is not inclusive of all potential inconsistencies with State ADU Law and does not serve as an enforcement action. Once an ordinance is adopted, a formal letter may follow.
C
ity of Burbank’s Draft ADU Ordinance Preliminary Review R
eviewed by Auzzie Sheard IV
Reviewed on 04/03/2026
T
he following comments reflect conflicts between current State ADU Laws and the City of Burbank’s (City) Draft ADU Ordinance (2-26-2026) (Ordinance).
W
here local ADU regulations conflict with State ADU Law without basis in any superseding laws, the City must adopt an ADU Ordinance to bring the local regulations into compliance with State ADU Law. This preliminary review represents a non- exhaustive list of conflicts to identify major inconsistences particularly due to recent State ADU Law updates.
A
reas of Concern:
T
o better assist staff with drafting an ordinance that will be consistent with State ADU Law, please review recent legislation that amended State ADU Law and incorporate relevant language into the City’s next working draft:
o Assembly Bill (AB) 130 – Effective 6/30/2025
o AB 462 – Effective 10/10/2025
o AB 1154 – 1/1/2026
o Senate Bill (SB) – 9 1/1/2026
o SB 543 – 1/1/2026
1. 10
-1-620.3 and 4 – State Mandated ADUs (66323 UNITS) and Local ADUs – The Ordinance states “Notwithstanding the design and development standards outlined in Section 10-1-620.4…accessory dwelling units and junior accessory dwelling units shall be permitted in accordance with Government Code 66323 (“State Mandated Units”)… State Mandated Units must comply with all requirements in Government Code 66323.” In establishing local design and development standards the Ordinance also states, “Unless otherwise preempted by state law, the design and construction of all newly constructed accessory dwelling units (“ADU”) and junior accessory dwelling units (“Junior ADU”) shall comply with all applicable building, housing, zoning and site development standards of this division...”. The Ordinance does not establish a clear and obvious distinction between the two primary categories of ADUs established by State ADU Law. “State Mandated Units,” authorized pursuant to Government Code section 66323, are exempt from local objective standards that are not expressly included in that section. In contrast, ADUs authorized under a local ordinance adopted pursuant to Government Code section 66314 are subject to the local objective standards contained in the Ordinance. To improve clarity, the Ordinance should more explicitly state that State Mandated Units are exempt from all local design and development standards not authorized by Government Code ATTACHMENT 4 - 1
94 This review is not inclusive of all potential inconsistencies with State ADU Law and does not serve as an enforcement action. Once an ordinance is adopted, a formal letter may follow. s
ection 66323. One approach would be to utilize the language currently in Section 10-1-620.4.I.
2. 10
-1-620.4.A – ADU Application Review – The Ordinance states “Notwithstanding the foregoing, if an application for an ADU or Junior ADU is submitted concurrently with an application to create a new single-family or multifamily dwelling on the lot, the City may delay approving or denying the application for the ADU or Junior ADU until the permit application to create the new single-family or multifamily dwelling is approved or denied.” While the City may delay approving or denying the application for the ADU or Junior ADU as described, State ADU Law also requires a local agency to consider the application to create the ADU without discretionary review or hearing. The Ordinance to ensure a ministerial review for applications proposing to create ADUs or Junior ADUs that are submitted concurrently with applications to create new single-family or multifamily dwellings on the lot.
3. 10
-1-620.4B.1 – ADU Permitted Locations – The Ordinance states, “ADUs and Junior ADUs are permitted within the City’s single family and multiple family residential zones on lots with an existing or proposed primary dwelling: R-1, R-2, R- 3, R-4, MDR-3, MDR-4 and R-1-H zones.” However, Government Code section 66314, when establishing what must be included in an ADU Ordinance, states that “A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use” (emphasis added). As a result, State ADU law provides for the creation of ADUs in mixed use zones that allow for residential use. The Ordinance shall also provide for the ability to create ADUs in mixed use zones, except for any areas designated by the City that prohibit ADUs based on “adequacy of water and sewer services” or “the impact of accessory dwelling units on traffic flow and public safety” as authorized in Government Code section 66314, subdivision (a).
4. 10
-1-620.4.E.5 – Parking Exemption – The Ordinance is missing one instance where a local agency shall not impose any parking standards upon an ADU.
Government Code section 66322 subdivision (a)(6) establishes that, “When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision”, the ADU is exempt from all parking requirements.
5. 10
-1-620.4.F.1 – Measuring Living Area – The Ordinance states, “ADU square footage shall be measured from interior wall to interior wall, unless the ADU shares a wall with the primary dwelling, in which case, it shall be measured from the midpoint within the shared wall to the interior wall.” However, Government Code section 66313, subdivision (e) stipulates that the floor area of an ADU shall be calculated based on the ADU’s “livable space”. This is defined as the “space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” Measuring from the “midpoint within the shared wall to the interior wall” would be measuring non-livable space. In addition, the Ordinance proposes to use ATTACHMENT 4 - 2
95 This review is not inclusive of all potential inconsistencies with State ADU Law and does not serve as an enforcement action. Once an ordinance is adopted, a formal letter may follow.
different measurements between detached and attached ADUs where State ADU law does not differentiate. Therefore, the Ordinance must establish a process to calculate square footage that is consistent with the definition of ‘livable space’.
6. 10-1-620.4.F.2 – Interior Height – The Ordinance states, “Any portion of a structure, including the area above a staircase, over 12 feet in interior height, shall count towards the total allowable square footage as if a second story were within the space. This means that any space with an interior height exceeding 12 feet shall be considered as constituting two stories for the purpose of calculating square footage and thus the ground floor area is counted twice.” However, as noted in Finding 5, when calculating the square footage of an ADU, the jurisdiction shall measure the ‘livable space’ of the structure. The area over 12 feet in interior height is not livable space as defined by Government Code section 66313, subdivision (e).
7. 10-1-620.F.3 – Conversion ADU Size Limits – The Ordinance states, “An existing primary single-family dwelling may be converted into an ADU, up to a maximum of 1,000 square feet of interior livable space, only in combination with a newly constructed single-family primary dwelling on the lot,” as specified. However, Government Code section 66314, subdivision (d)(3) and Government Code section 66323, subdivision (a)(1) do not establish a size limit on conversion ADUs that are created within existing structures for ADUs created pursuant to Government Code section 66323 or a local ADU ordinance, except that ADU must always be ‘accessory to’ a primary meaning the remainder of the primary dwelling must meet the definition for a primary dwelling.
8. 10-1-620.F.4 – Conversion ADU Size Limits Based on the Number of Bedrooms – The Ordinance states, “An existing accessory structure, including but not limited to guest dwelling units previously approved by the City and constructed with City building permits, may be converted to an ADU with a maximum overall square footage of the greater of: (1) up to 850 square feet of interior livable space for ADUs with one bedroom or less, or 1,000 square feet of interior livable space for an ADU with more than one bedroom; or (2) the square footage of the existing accessory structure.” However, Nothing in State ADU allows the City to limit the size of a conversion ADU based on bedroom size. Government Code section 66321 subdivision (b)(2) allows a local agency to “establish by ordinance… A maximum square footage requirement for either an attached or detached accessory dwelling unit” that is not less than either “Eight hundred fifty square feet of interior livable space”, or “One thousand square feet of interior livable space for an accessory dwelling unit that provides more than one bedroom” (emphasis added). The Ordinance cannot limit the size of a conversion ADU based on the number of bedrooms.
9. 10-1-620.F .3 and F .4 – Conversion of Proposed Space – The Ordinance refers to ADU standards for the conversion of existing structures into ADUs. However, Government Code section 66314, subdivision (d)(3) requires ADU ordinances to ATTACHMENT 4 - 3
96 This review is not inclusive of all potential inconsistencies with State ADU Law and does not serve as an enforcement action. Once an ordinance is adopted, a formal letter may follow. pr
ovide for the creation of ADUs that would be created within or converted from the proposed space of a primary dwelling.
10. 10
-1-620.4.H.2.b – Front Setbacks – The Ordinance states, “An ADU that complies with all other applicable development standards may be built within the front yard setback of a lot if it is otherwise deemed physically infeasible to construct an 800- square-foot ADU on other areas of the lot with at least a 2-foot side and rear setback. For purposes of this subsection, "other areas of the lot” include, but are not limited to, construction of a two-story ADU with at least a 2-foot side and rear setback. The physically infeasible determination will be made by the City during plan review...”. I believe this is covered by the exemption stated at the beginning of Section 10-1-620.4, but I would like to clarify that the City cannot stipulate where ‘State Mandated ADUs’ may be sited on a lot. Government Code section 66323, subdivision (b) establishes that “a local agency shall not impose any objective development or design standard that is not authorized by this section upon any unit that meets the requirements of…[Government Code section 66323] subdivision (a)”, and location on the lot would be an additional standard.
11. 10
-1-620.4.I – Application of Design and Development Standards – The Ordinance states, “Unless otherwise preempted by state law, including but not limited to California Government Code 66323(b) as may be amended, the following design and development standards shall apply to any new ADU. Unless amended by state law, these local design and development standards will not apply to ADUs that are permitted pursuant to Government Code 66323 unless they are authorized pursuant to Government Code 66323.” As noted in Finding 1, the City may consider amending the Ordinance to utilize this language to start section 10-1-620.4. Currently its placement to start Section 10-1-620.4.I may imply to readers of the Ordinance that State Mandated ADUs are only exempt from design and development standards included in 10-1-620.4.I, however State mandated ADUs are exempt from all 10-1- 620.4 standards that are not included in Government Code section 66323.
12. 10
-1-620.4.O – ADUs on Lots with Multifamily Dwelling Structures – The Ordinance states, “No more than two (2) [detached] ADUs can be constructed on a lot with an existing or proposed multifamily dwelling structure(s),” as specified. However, this no longer accurately describes the number and types of ADUs allowed on a lot with a multifamily dwelling structure. On a multifamily lot, Government Code section 66323, subdivision (a)(4) allows up to eight detached ADUs on a lot that has an existing multifamily dwelling, not to exceed the number of existing multifamily units, and up to two detached ADUs on a lot with a proposed multifamily dwelling. The Ordinance must not preclude or prohibit the number and type of ADUs provided for in State ADU Law.
13. 10
-1-620.4.N.2 – JADUs – The Ordinance states, “One Junior ADU is allowed per each residentially zoned lot that includes an existing or proposed single-family dwelling unit structure. Lots with multiple detached single-family structures are not eligible to have Junior ADUs.” However, Government Code section 66333 states “a ATTACHMENT 4 - 4
97 This review is not inclusive of all potential inconsistencies with State ADU Law and does not serve as an enforcement action. Once an ordinance is adopted, a formal letter may follow. l
ocal agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: (a) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.” When a lot has multiple, detached, proposed or existing single-family residences and is zoned single-family, State ADU would classify the lot as a single-family lot that is eligible for one JADU that may be constructed within the walls of one of the proposed or existing single-family residences.
14. 10
-1-620.4.P – ADU Sales and Conveyance – The Ordinance states, “Unless preempted by state law, ADUs may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.” This provision is preempted by State ADU Law, specifically Government Code sections 66341 & 66342, which allows for the sales of ADU when specified conditions are met. If the City intends to address ADU sales in the Ordinance, the Ordinance needs to either describe when ADUs may be sold as allowed by State ADU Law, or refer to Government Code sections 66341 & 66342.
15. 10
-1-620.8 – Deed Restriction – The Ordinance states, a person seeking to construct an ADU and/or Junior ADU must submit to the Community Development Department’s Planning Division “A copy of the Property Deed establishing the identity of the owner of record of the property (when applicable).” However, while allowed for a JADU, a deed restriction cannot be imposed on an ADU. Government Code section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.” A deed restriction would be an “additional standard” and thus cannot be imposed. In addition, Government Code section 66333, subdivision (c) limits a JADU deed restriction to including the following: “(1) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this article.”
ATTACHMENT 4 - 5
98 Questions for HCD
1. Can applicants combine units allowed under Section 66323 with locally permitted ADUs, or should we clarify that only one option may be selected?
2. I
f a property has an existing single-family dwelling (SFD) and an SB 9 unit (a second primary unit), can the SB 9 unit later be converted into an ADU?
3. I
f a lot contains both a single-family dwelling (SFD) and a multifamily structure (MFS), can the applicant obtain the three ADUs allowed under Government Code Section 66323 for the SFD and add any ADUs permitted for the MFS?
4. I
f a lot zoned for single-family or multifamily use contains two detached single-family dwellings, can each dwelling receive the units permitted under Section 66323, or is the allowance limited to just one dwelling? ATTACHMENT 5 - 1
99 From: Dept. of Housing & Community Development
To: Benitez, Fatima
Subject: HCD has resolved ADU Technical Assistance Case ADU0007878 Date: Monday, April 6, 2026 12:19:46 PM
Attachments: image
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Hello Fatima,
1. SB 543, effective January 1, 2026 , allows
homeowners to
combine ADUs permitted under
Government Code 66323 with an additional ADU under Government Code section 66314.
Section 66314 authorizes one ADU - detached, attached, or conversion - subject only to the objective standards in a local Ordinance.
2. Please reach out to the SB9 Team for clarification.
3. A lot that contains both single-family dwellings and multi-family dwelling will be eligible for the unit allowance for the multi-family dwelling only.
4. A lot with two detached single-family dwellings will be eligible for the unit allowance for one single-family dwelling only.
I am still working on the questions related to the City's planning policy document and will provide an update soon.
Sincerely,
Reshma Sen.
On Tuesday 24, March 06:46:38 PM PDT, 'Dept. of Housing & Community Development <[email protected]>' wrote:
ATTACHMENT 5 - 2
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1 Benitez, Fatima
From: Sheard, Auzzie@HCD <[email protected]>
Sent: Tuesday, May 5, 2026 2:51 PM
To: Benitez, Fatima
Cc: Landry, Amanda; Garza, David@HCD; Sen, Reshma@HCD
Subject: Re: Burbank Draft ADU Ordinance Preliminary Review CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear Fatima,
The determination that a state mandated ADU may be allowed in c onjunction with a locally permitted
ADU is not based on changes made by SB 543. Rather, it is based on specific provisions of State ADU Law, as described below.
Government Code section 66314, subdivision (b)(1) states that a local ADU ordinance may “[i]mpose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size.” The standards described in this section address the physical characteristics of ADUs subject to section 66314. There is nothing in this section that allows a local ADU ordinance to preclude these ADUs from being created in conjunction with the ADUs described in Government Code 66323.
Government Code Section 66317 states that a permitting agency “shall either approve or deny the application to create or serve” an ADU application subject to section 66314. Because section 66317 mandates that a local agency “shall approve or deny” an ADU application under section 66314, State ADU Law clearly contemplates at least one unit being created pursuant to section 66314.
Government Code section 66323 is the section of State ADU aw that governs ‘state mandated’ units— ADUs that must be ministerially approved without being subject to local objective development standards. That section is introduced with: “Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve…” before listing the categor ies of state mandated ADUs. This language expressly establishes that approvals under section 66323 operate independently of, and are not limited by, provisions in an ADU ordinance that govern locally regulated ADUs under section 66314.
HCD has provided variations of this determination via official ADU ordinance findings letters to the following cities since January 1, 2026:
• Amador County
• Calabasas
• Chowchilla
• Martinez
• Roseville
• Sacramento
ATTACHMENT 5 - 3
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2 • San Bernardino
• San Marino
• South Gate
• Vacaville
• West Covina
• West Sacramento
Best regards,
Auzzie Sheard IV
Housing and Community Development, ADU Team
Auzzie Sheard IV
Housing Policy Analyst | ADU Team
Housing Policy Development Division
Housing and Community Development
651 Bannon Street, Suite 400 | Sacramento, CA 95811
Phone: 916.776.7433 | Email: [email protected]
From: Benitez, Fatima <[email protected]>
Sent: Thursday, April 30, 2026 1:26 PM
To: Sheard, Auzzie@HCD <[email protected]>
Cc: Landry, Amanda <[email protected]>; Garza, David@HCD <[email protected]>; Sen, Reshma@HCD <[email protected]>
Subject: RE: Burbank Draft ADU Ordinance Preliminary Review Hi Auzzie,
Thank you for the responses. It appears the attached document does not the following, Regarding the determination that a state-mandated ADU may be allowed in conjunction with a locally permitted ADU, we are hoping to clearly explain this change at our upcoming community meeting on the ordinance update, as well as during presentations to our Planning Commission and City Council. To ensure we fully understand HCD’s position, could you please point us to the specific section in SB 543 where this change was made?
We would appreciate receiving a written response, as we will be presenting this information to the Planning Commission and City Council.
Thank you,
FATIMA BENITEZ
Associate Planner
(818)238-5250 Office | [email protected]
www.burbankca.gov [burbankca.gov]
ATTACHMENT 5 - 4
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2026 ADU ORDINANCE AMENDMENT: SINGLE-FAMILY HOME GUIDE
This guide is intended for those who are interested in building Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs) for single -family homes in unincorporated Los Angeles County.
Are You Subdividing Your Lot?
The maximum number of units allowed on a property depends on whether or not you are using a streamlined subdivision process provided by State law (SB 9 (2021) or SB 1123 (2024)) .
Please review the section below that applies to your project.
1. I am not subdividing my lot using State law.
If you are not using SB 9 or SB 1123, the 2026 ADU Ordinance Amendment does not reduce the ADU or JADU opportunities available on a single -family lot . This Amendment reconciles overlapping State and County rules to make the permitting pathway more predictable.
The update clarifies a single-family lot with one primary dwelling can potentially add up to four accessory units:
• One State-Exempt Junior ADU (JADU): Must be created entirely within the walls of the proposed or existing primary home and is limited to a maximum of 500 square feet of interior livable space.
• O
ne State-Exempt Interior ADU: This unit can be located within the existing or proposed primary home, or converted from an attached accessory structure, such as an attached garage. Existing accessory structures being converted may expand up to 150 square feet solely to accommodate ingress and egress. • One State-Exempt Detached ADU: A standalone structure limited to a maximum of 800 square feet of interior livable space, a 16 -to-20-foot height limit, and 4-foot side and rear setbacks.
• One Local ADU: This unit can be attached to the primary home or accessory structure, or built as a standalone structure, with a maximum of 1,200 square feet of interior livable space. The height limit is determined by underlying regulations or capped at 25 feet, whichever is lower, provided at least 16 feet for detached ADUs (which may increase to 20 feet for properties near high -quality transit) is allowed.
ATTACHMENT 6 - 1
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2026 ADU Ordinance Amendment: Single-Family Home Guide
May 4, 2026
2. I am subdividing my lot using State law.
If you are using the SB 9 (2021) urban lot split process, development would be limited to a maximum of two dwelling units per newly created parcel. Those two units may be two primary dwelling units, or one primary dwelling unit plus one ADU, or one primary dwelling unit plus one JADU. The County’s “Lot Splits and ADUs” guide explains how those rules apply in more detail.
The development of ADUs and JADUs would be prohibited on parcels created through the SB 1123 (2024) up-to-10-unit subdivision pathway. For more details on these specific subdivision processes, please consult the “Lot Splits and ADUs” guide.
Frequently Asked Questions
Are there owner-occupancy or rental restrictions?
The 2026 ADU Ordinance Amendment does not change existing owner-occupancy or rental rules. Established State and County requirements continue to govern:
• ADUs: Owner occupancy is not required. State law prohibits local agencies from requiring owner-occupancy for ADUs.
• JADUs: If a JADU shares sanitation facilities (a bathroom) with the primary dwelling, owner-occupancy is required. If the JADU has its own separate sanitation facilities, owner-occupancy is not required.
• SB 9 Lot Splits: Applicants must sign an affidavit stating their intent to occupy one of the units as their principal residence for a minimum of three years. • Short-Term Rentals: ADUs, JADUs, and units created via SB 9 cannot be used as short-term rentals and must be rented for terms longer than 30 days.
Will my new ADU require additional parking?
The 2026 ADU Ordinance Amendment does not change current parking regulations, and parking remains governed by existing State and County standards:
• Outside of Very High Fire Hazard Severity Zones (VHFHSZs): No parking is required. • Within VHFHSZs: One off-street parking space per ADU. However, State law prohibits the County from imposing parking requirements on ADUs that meet specific criteria, such as those located within a half -mile walking distance of public transit, within a historic district, or within one block of a car-share vehicle.
ATTACHMENT 6 - 2
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Eff.: 4-13-18 ORDINANCE NO.18-3,901
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) IN ORDER TO AMEND THE
ZONING DEFINITIONS, PERMITTED SINGLE FAMILY AND MULTIPLE
FAMILY RESIDENTIAL ZONES USE LISTS, AND ESTABLISH
DEVELOPMENT CONTROLS TO ALLOW ACCESSORY DWELLING
UNITS IN ALL RESIDENTIAL ZONES CONSISTENT WITH APPLICABLE STATE LAWS. (Project No. 18-000021)
City Attorney's Synopsis
This Ordinance establishes development controls regulating new Accessory Dwelling Units ("ADU") in the City's single family and multiple family residential zones in compliance with State law, and replaces the interim ordinance regulations as set forth in Ordinance No.17-3,893, adopted by City Council on April 25, 2017. The new development controls build upon the interim regulations by providing additional standards allowing new ADUs in the R-1-H zone; addressing covered balconies, porches and patios; revising structure height calculations; specifying the location of main entrances; and allowing the conversion of City-permitted guest dwelling units into ADUs. All new ADU applications submitted on or after effective date of this Ordinance 4/1 3/2018 must comply with the development standards noted herein including permitted zones, parking requirements, size and setbacks.
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. On April 25, 2017, the Council adopted, as an urgency measure, Interim Ordinance No. 17-3,892 pursuant to Government Code Section 65858(a), which established interim development standards for new Accessory Dwelling Units ("ADUs") in all residential zones, except for the R-1-H Zone.
B. On June 7, 2017, the City Council adopted Interim Ordinance No. 17-3,893, which amended and restated the prior Interim Ordinance No. 17-3,892 by providing additional standards for mechanical vehicle parking lifts; calculation for covered balconies, porches and patios; structure height calculations; location of main entrances; and utility connections. This ordinance extended the interim development controls for an additional period of 1 O months and 15 days, through April 22, 2018, as provided for under State law.
C. On February 12, 2018, the Planning Board held a duly noticed public hearing to consider establishing development standards for AD Us within all of the City's single family and multiple family residential zones (Project No. 18-000021 ), and thereby amend ADU development regulations set forth in Interim Ordinance 17-3,893. 1 ATTACHMENT 7 - 1
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18-3,901
D. After considering the evidence presented, the Planning Board made a recommendation to the Burbank City Council ("Council") to adopt the proposed Ordinance amending Title 10, Chapter 1 (Zoning) in order to amend the zoning definitions, permitted single family and multiple family residential zones use lists, and establish development controls to allow Accessory Dwelling Units in all residential zones, consistent with applicable state laws. (Project No. 18-000021) E. On 3/6/2018, the Council at its regular meeting, held a public hearing on the proposed Zone Text Amendment, Project No. 18-000021.
F. Said hearing was properly noticed in accordance with the provisions of Section 10- 1-1994 of the Burbank Municipal Code.
G. The Council considered the report and recommendations of the City Planner, the action and recommendations of the Planning Board as evidenced in its Resolution No. 3374, and the evidence presented at such hearing.
H. This Ordinance is exempt from the California Environmental Quality Act in accordance with State CEQA Guidelines, Article 18: Statutory Exemptions, Section 15282(h). This section of CEQA provides a statutory exemption for "the adoption of an ordinance regarding second units in single family and multiple family residential zones by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of Government Code as set forth in Section 21080.17 of the Public Resources Code." The City Planner shall file a Notice of Exemption from CEQA review in accordance with CEQA Guidelines Sections 15061 and 15062.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
1. All of the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.
2. Section 10-1-203 of Title 10, Chapter 1 of the Burbank Municipal Code is amended the add the following definition:
ACCESSORY DWELLING UNIT or ADU; Means an attached or a detached accessory dwelling unit for which a complete application was submitted to the City on or after January 1, 2017, which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated . The term accessory dwelling unit also includes an "Efficiency Unit" as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code Section 18007. The term "accessory dwelling unit" and "ADU" captures the terms, and supersedes regulations over, "second dwelling unit" as noted in Title 10, Chapter 1, Article 6, Divisions 1, 3.5, and 4 of the Code.
3. The definition of "FLOOR AREA" set forth in Section 10-1-203 is amended to read 2 ATTACHMENT 7 - 2
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18-3,901
as follows:
FLOOR AREA: Means floor area is that area between the floor and roof above it, as measured from the exterior walls to the exterior walls. The total gross floor area of all enclosed structures on the property , including but not limited to the main dwelling structure , accessory structures, accessory dwelling units, guest dwelling unit, enclosed patios, and sheds is included in the Floor Area .
4. Section 10-1-203 is amended to delete the definition entitled "EFFICIENCY DWELLING UNIT" in its entirety .
5. Section 10-1-602 , subsection C, Applicable Sections, Table 10-1-602 of Title 10, Chapter 1 of the Burbank Municipal Code is amended as follows:
Table 10-1-602
Permitted Uses in the R-1 and R-1-H Zones
Symbol Meaning
p Use is permitted
AUP Administrative use permit required (see Article 19, Division 4.1) CUP Conditional use permit required (see Article 19, Division 4) --- Use is prohibited
Specific
Land Use R-1 R-1-H Use
Standards
Residential and Accessory Uses
Single family dwelling, not to exceed one per lot, including p p mobilehomes and manufactured homes
Single family dwellings, additional, on one lot CUP <1l CUP <1l Garages, private p (2) p (2)
Accessory structures, including minor structures for which no p (4) p (4) 10-1-604 building permit is required <3l
Accessory uses typical for a single family home including p p tennis courts and swimming pools
3 ATTACHMENT 7 - 3
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18-3,901
Specific
Land Use R-1 R-1-H Use
Standards
Accessory dwelling unit Article 6, p p Division 3
Home occupation p p Article 6,
Division 11
Home occupation , music lessons AUP AUP 10-1-672
Planned residential development CUP CUP Article 6,
Division 8
Stable or corral, non-commercial , for keeping horses owned p 10-1-605 ---by the owner or occupant of the property only Small family day care home p p
Large family day care home AUP AUP Article 6,
Division 13
Community care facility (licensed, six or fewer occupants) p p Community care facility (unlicensed , six or fewer occupants) p p Non-Residential Uses
Carnival conducted by a church, public or private school, CUP CUP service club, or nonprofit association or corporation Church or church school CUP CUP
Educational institution , public or private CUP <5l CUP <5l Municipal fire station CUP CUP
Municipal library CUP CUP
Park or recreational facility, golf course, cultural facility; including incidental commercial uses commonly associated CUP CUP with a park or recreation use
Parking lot, off-street CUP CUP Article 14,
Division 4
Public utility facility CUP CUP
4 ATTACHMENT 7 - 4
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18-3 ,901
Specific
Land Use R-1 R-1-H Use
Standards
Wireless Telecommunications Facility (6) (6) 10-1-1118
Equestrian and Special Uses
Animal hospital; no boarding --- CUP <7l
Blacksmith; horse shoeing only --- CUP <7l
Petting zoo --- CUP <7l
Plant nursery --- CUP <7l
Stable, commercial; including housing facilities for caretaker CUP <7l Article 24, --·-on premises Division 9 Cannabis Uses
Cannabis delivery --- --- 10-1-512
Commercial cannabis activities --- --- 10-1-512
Cultivation --- --- 10-1-512
Retailer --- --- 10-1-512
Notes/Additional Requirements :
(1) Additional single family dwellings legally constructed prior to June 4, 1963 are permitted uses that do not require a CUP.
(2) Intentionally deleted.
(3) Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garages, gazebos , workshops , storage sheds and buildings, pool houses , stables, corrals, and tack rooms.
Accessory dwelling units, whether attached to the main dwelling unit or detached , and additional dwelling units authorized by conditional use permit, are not considered accessory structures .
(4) Intentionally deleted.
(5) Public educational institutions existing prior to June 1, 1978 are permitted uses that do not require a CUP.
(6) Permitted in accordance with Section 10-1-1118 .
(7) Permitted only on properties with a land area of 12,000 square feet or greater that abut commercially zoned land.
6. Section 10-1-603 of Title 10, Chapter 1 of the Burbank Municipal Code , Table 10-1- 5 ATTACHMENT 7 - 5
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603(A) Development Standards in the R-1 and R-1-H Zones, Notes/Additional Requirements Subsection (H)4 is amended as follows:
Accessory structures include enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garages, gazebos, workshops , storage sheds and buildings, pool houses, stables, corrals, and tack rooms.
Accessory dwelling units, whether attached to the main dwelling unit or detached , and additional dwelling units authorized by conditional use permit, are not considered accessory structures .
7. Division 3.5 in Chapter 1 of Title 10 of the Burbank Municipal Code is hereby deleted in its entirety .
8. Division 3 is added to Chapter 1 of Title 10 of the Burbank Municipal Code and reads as follows:
10-1-620.1: CITATION AND AUTHORITY: This division is enacted under the authority granted by Chapter 4 (commencing with Section 65800) of Division 1 of Title 7 of the Government Code of the State of California.
10-1-620.2: PURPOSE AND INTENT:
A. PURPOSE.
The City Council declares and finds all of the following:
1. California housing production has not kept pace with demand with only half of the needed housing units built in the last decade.
2. Locally, there is a large unmet need for housing to shelter Burbank's residents who have a fixed or limited income.
3. Accessory dwelling units can result in new housing units for seniors to age in place, provide new housing opportunities for couples, extended families, young people, disabled persons and employees working in the City seeking to find cost-effective dwelling units close to jobs , amenities , and schools.
4. Accessory dwelling units can help increase housing supply and provide relatively affordable housing options within the City's single family and multiple family residential zones.
5. Accessory dwelling units can provide a cost-effective means of providing additional housing options through the use of existing infrastructure .
6. Accessory dwelling units, as regulated in this Chapter will not adversely impact the character and quality of the City's single family neighborhoods .
7. Providing additional housing for employees that work in the City's employment centers could reduce the commute times and vehicle miles traveled by employees coming in to the City, and therefore , potentially reduce traffic congestion .
B. INTENT.
6 ATTACHMENT 7 - 6
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By adoption of this division , it is acknowledged and determined this division will maintain and protect the essential characteristics of the single family and multiple family residential zones so that residential neighborhoods will not, through the development of accessory dwelling units, unalterably become de facto multiple family residential zones while still establishing criteria set forth in Government Code Section 65852.2 et seq. 10-1-620.3: DESIGN AND DEVELOPMENT STANDARDS FOR NEW CONSTRUCTION:
The design and construction of all newly constructed accessory dwelling units shall conform to the following standards:
A. GENERAL PROVISIONS
Unless otherwise preempted by state law, an accessory dwelling unit, whether attached or detached, shall comply with all applicable building, housing, zoning and site development standards otherwise applicable under the Code, including but not limited to standards regarding setbacks , floor area ratio standards , height, lot coverage , architectural design review, including compatibility with existing structures located on the same property and in the surrounding neighborhood that are listed in the California Register of Historic Places. Applicants shall also comply with all fee and charge requirements , and other applicable zoning requirements generally applicable to residential construction in the zone in which the property is located.
B. PERMITTED ZONES
An accessory dwelling unit shall be a permitted use within the City's single family and multiple family residential zones: R-1 , R2, R3, R4, MDR-3, MDR-4 and R-1-H zones.
Subject to the general zoning restriction set forth in the preceding sentence , an ADU may only be permitted on a lot with one lawful and pre-existing single-family residence.
C. ON-SITE PARKING
1) Required parking for an accessory dwelling unit shall not exceed one parking space per unit.
2) When an existing garage is converted into an ADU, replacement parking for the main dwelling unit must be provided on-site.
3) On-site parking, whether replacement parking or parking for the ADU, can be covered , uncovered, tandem or provided through the use of a mechanical automobile parking lift. Mechanical automobile parking lifts shall be enclosed in a structure that meets the minimum setback requirements for accessory structures , whether that structure is new or existing. Tandem parking as defined in this division means that two or more automobiles are parked in a driveway or in any other location on a lot, lined up behind one another.
D. ON-SITE PARKING EXCEPTIONS
7 ATTACHMENT 7 - 7
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Notwithstanding the parking development standards for accessory dwelling units noted in subsection C, accessory dwelling units that meet the following State provisions (consistent with AB 2299, AB 494, SB 1069 and SB 229) shall not be required to provide on-site parking if:
1) The accessory dwelling unit is located within one-half mile of "public transit" within the meaning of Government Code Section 65852.2;
2) The accessory dwelling unit is located within an architecturally and historic significant historic district;
3) The accessory dwelling unit is part of the existing primary dwelling unit or an existing accessory structure;
4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
5) When there is a car share vehicle located within one block of the accessory dwelling unit.
E. PARKING LOCATION
The parking provided on-site can be tandem and in an existing driveway or anywhere on the lot so long as it is not closer to the front property line than the building elevation of the primary dwelling unit that is furthest from the front property line. When a designated parking area is provided and is not located in the driveway as tandem, the parking space must meet the minimum required turning radius and backup distance as noted in the Code.
F. SQUARE FOOTAGE
1) All accessory dwelling units must comply with the Floor Area Ratio (FAR) requirements noted in Code Section 10-1-603(0).
2) All accessory dwelling units must comply with the lot coverage requirements noted in Code Section 10-1-603(F).
3) All new detached accessory dwelling units shall not exceed 500 square feet. 4) When an accessory dwelling unit is attached to the main unit, the maximum allowed size of that accessory dwelling unit is 50% of the main dwelling size, or 500 square feet, whichever is less.
5) When an existing detached or attached structure is converted into an accessory dwelling unit, the new converted structure must comply with the FAR and lot coverage standards as well as the maximum allowed 500 square feet for the ADU.
Exception: Guest dwelling units previously approved by the City and constructed 8 ATTACHMENT 7 - 8
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with City building permits may be converted up to a size of 500 square feet or the previously City-approved square footage , whichever is greater. 6) When a balcony, porch or patio is provided in conjunction with an ADU, if said structure is covered, it shall count towards the total ADU square footage allowance. 7) The building division will determine what is considered a landing or a balcony, porch or patio for the purposes of setback requirements. 8) When an ADU is constructed on top of a garage or accessory structure, any area over 220 square feet under any proposed cantilevered portion of the ADU will be counted towards ADU's maximum allowable square feet.
9) If a cover such as a porch or similar type structure is provided over the main entrance of the ADU, and is supported by posts, 25 square feet of the said cover will not count towards the maximum allowable square footage of the ADU.
G. HEIGHT
1) All new AD Us, attached to the main dwelling unit must comply with the height requirements defined in Code Section 10-1-603(A).
2) When an ADU is constructed on top of a detached garage or accessory structure, the maximum top of plate height cannot exceed 20 feet as measured from grade level and the maximum height to any architectural features must not exceed 23 feet as measured from grade level.
3) All new detached AD Us, not constructed on top of a detached garage or accessory structure shall be no more than one (1) story with a maximum top of plate height of 12 feet as measured from grade level and a maximum height of 17 feet to any architectural features.
4) When an ADU is constructed on top of a garage or accessory structure, the ADU cannot touch grade level, except through support posts. The bottom of the finished floor of the ADU must be above the top of plate of the garage.
H. SETBACK
1) Unless otherwise provided in this Division, any new detached ADUs must have a minimum setback of 5 feet to the rear property line and 5 feet to the side-yard property line.
2) Single-story AD Us attached to the primary dwelling unit at the rear may follow the same side setback as the primary dwelling unit, unless the existing side setback is less than the Code required. All other ADUs attached to the primary dwelling unit must comply with the setbacks defined in Code Section 10-1-603(A). 9 ATTACHMENT 7 - 9
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3) Any new detached ADUs located on properties that have a street facing side-yard shall be setback a minimum of 20% of the width of the lot, but no less than 10 feet on the street facing side.
4) Accessory dwelling units cannot be located closer to the front property line than the setback of the main dwelling that is furthest from the property line. 5) When a garage or other accessory structure exists and is legally permitted with City building permits, the existing legal non-conforming setback of the garage or other accessory structure can be maintained , subject to the regulations governing non-conforming structures in Code Section 10-1-1810 and it is not required to provide the minimum required setback through this ordinance. The required minimum 5 foot rear and side yard setbacks shall still apply to all added space that goes beyond the existing building footprint and/or building envelope of the garage or other accessory structure .
6) New ADUs must maintain a 6-foot separation from building face to building face, and a 4 foot separation from eave to eave of any adjacent structure. 7) No accessory dwelling unit may be located in a way that would prohibit access to a designated parking area.
8) When an existing non-conforming structure is demolished more than 50% of replacement cost, the repair, restoration , alteration and/or addition to the existing structure shall be subject to the applicable provisions of Section 10-1-1810. 9) When a balcony, porch or patio is provided in conjunction with the ADU and is 7 inches above grade level, the balcony, porch or patio must be setback from the rear and side property lines a minimum of 10 feet.
1 0)When a staircase or landing is provided for a new or existing second story ADU, whether attached or detached to the primary dwelling unit, that staircase or landing must provide a minimum 5 foot setback to the rear and side property line.
I. OWNER OCCUPIED AND RESTRICTIVE COVENANT
1) Either the primary dwelling unit or the accessory dwelling unit on a lot shall be occupied by the owner of the lot. The property owner shall enter into a restrictive covenant with the City that applies to the owner and all successors in interest, in a form acceptable to the City Attorney that will be recorded on the subject property.
One year from the date of approval of a final building permit for an accessory dwelling unit, and every year thereafter , the applicant or subsequent property owner of the lot shall submit and certify, on forms provided by the City, that the property owner of record of the property continues to live on and occupy the property as his/her principal place of residence . It shall be a violation of this Code if the property owner or subsequent property owner fails to comply with this section. 10 ATTACHMENT 7 - 10
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The restrictive covenant shall: (i) specify that the property owner must reside in either the primary dwelling unit or the accessory dwelling unit; (ii) expressly prohibit the rental of both units at the same time; (iii) whichever unit being rented may be rented only for terms longer than thirty (30) consecutive calendar days; (iv) the accessory dwelling unit may not be sold or conveyed separately from the primary dwelling unit; (v) the property owner and all successors in interest shall maintain the accessory dwelling unit and the property in accordance with all applicable Code requirements and standards; and (vi) the property owner of a unit in the R-1-H (Single-Family Horsekeeping) zone shall provide written notification to a tenant(s) of the allowance of equestrian activities in the zone, which may include the keeping of horses, and may result in unpleasant or objectionable odors, dust, noise, etc. 2) When an ADU is constructed in a multiple family residential zone, the property must still be owner occupied and that ADU must comply with the development standards identified through this ordinance.
3) A waiver from the owner occupancy requirement may be granted by the Community Development Director for a period up to two years if the property owner is able to establish a bona fide hardship to the restriction as follows: the property owner is hospitalized, or requires daily living assistance that prevents the owner from physically living on the property; the property owner is on active military duty and is deployed to a location that prevents the owner from occupying the property; the property owner is deceased and the property is being held pending dispensation of the estate. The waiver shall be submitted on a form approved by the Director. The property owner shall provide evidence of the hardship to the satisfaction of the Director. The Director's decision on a waiver is final.
J. DESIGN AND DEVELOPMENT STANDARDS
1) The exterior design of the ADU shall match that of the main dwelling in terms of building forms, materials, colors, exterior finishes, roof forms and style of doors and windows. The structure(s) shall retain the appearance of a single-family dwelling, and the accessory dwelling unit shall be integrated into the design of the existing primary dwelling unit on the property or as determined by the Community Development Director or his/her designee.
2) The design of an attached ADU shall be compatible with the architectural design of the primary dwelling unit in order to ensure long term compatibility regardless of whether the use of the ADU is continued or terminated. If a separate entrance is provided, it shall be located on the side or rear of the structure and whenever possible located toward interior yard areas. The additional entrance is prohibited from being located on the front of the primary dwelling unit. The second entrance shall be well lit and free of concealment from landscaping to assure safe entrance and exit by the occupants.
3) All ADU fac;ade elevations visible from any public right of way must provide entries, 11 ATTACHMENT 7 - 11
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windows , or other architectural features compatible with the existing primary dwelling unit.
4) When a garage is converted into an ADU , the garage door must be removed and replaced with windows , door, or other design treatments that are consistent with the overall architectural design of the structure and the primary dwelling unit. 5) The design and construction of each ADU shall conform to all applicable provisions of Title 9 Chapter 1 (Building) of this Code. The accessory dwelling unit shall comply with all provisions of the Code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the accessory dwelling unit will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.
6) The main entrance of a detached ADU must face the same direction as the main entrance for the primary dwelling unit or face the side property lines, whichever is more compatible to the neighborhood character as determined by the City Planner.
An ADU entrance proposed to face an alley or rear property line is subject to review and approval by the City Planner.
K. UTILITY CONNECTION
The primary and accessory dwelling units may be connected to a common gravity fed sewage disposal approved by the City. All utility connections and water hook-ups may be metered through the primary dwelling unit. Burbank Water and Power will determine the utility connection process and fees.
L. ADDRESS ASSIGNMENT AND VERIFICATION OF EASEMENTS AND
DEDICATIONS
The Public Works department will determine address assignments to new ADUs and verify any public easements and land dedications required by the Burbank Municipal Code.
M. FIRE MOUNTAIN ZONE AND FIRE SPRINKLERS
All new ADUs proposed within the City's Mountain Fire Zones shall comply with any applicable brush clearance requirements. Unless otherwise required by applicable City building and fire codes, in any residential zone where new ADUs are allowed, if fire sprinklers are required for the primary dwelling unit then they are also required for new ADUs.
N. STANDARDS IN THE R-1-H SINGLE FAMILY RESIDENTIAL HORSE KEEPING (R- 1-H) ZONE
All of the provisions of this section shall apply to AD Us in the R-1-H Zone unless otherwise stated in the following:
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1) No new construction of ADUs shall be permitted in the R-1-H zone except for the following:
a) The conversion of an existing permitted garage shall be permitted. b) The conversion of an existing permitted guest dwelling unit shall be permitted.
c) The conversion of existing square footage within the main dwelling unit is permitted.
d) Additions to or conversions of existing square footage within the main dwelling unit is permitted in the area outside of the rear 35 feet of the lot, which is the area reserved for horse keeping uses (e.g. barns, corrals, stables, and tack rooms).
2) The conversion of any existing accessory structure (storage , shed, pool house, recreation room, stable, corral, tack room, etc.) into an ADU shall not be permitted .
3) Unless otherwise required to comply with the City's building and fire codes , any doors, windows , and other openings in any accessory dwelling unit shall comply with the requirements of Section 10-1-605(8) .
4) When an ADU is proposed on a lot that is adjacent to a similarly zoned 12,000 square foot lot, any doors, windows , and other openings shall be no closer than 15 feet from side and rear property lines.
10-1-620.4: EXISTING SECOND DWELLING UNITS:
All accessory dwelling units (formerly "second dwelling units") constructed prior to January 1, 2017, shall comply with all applicable requirements of Article 18 of this chapter, commencing with Section 10-1-1801.
10-1-620.5: EXISTING CONDITIONAL USE PERMITS:
A. The provisions of Article 18 of this chapter (Nonconforming Land Uses and Structures) notwithstanding , this division shall not render invalid or nonconforming any second dwelling unit for which a Conditional Use Permit was granted prior to the effective date of Ordinance No. 3622.
B. All existing Conditional Use Permits and existing permits for accessory dwelling units (formerly "second dwelling units") shall remain subject to conditions imposed thereon 13 ATTACHMENT 7 - 13
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at the time such permits were granted, except that any condition that limits the occupants of a permitted accessory dwelling unit to certain named persons, or certain classes of persons, or which requires the permittees to identify the residents of the accessory dwelling unit to the City by name, or to obtain a new permit for the purpose of authorizing a new resident, shall no longer be applicable.
10-1-620.6: PENAL TIES AND ENFORCEMENT PRACTICES:
A. A violation of willfully providing a false statement or failing to provide a statement pursuant to Section 10-1-620.3 of this division shall be a misdemeanor.
B. A violation of any provision of this section shall be a misdemeanor resulting in a penalty of at least One Hundred Dollars ($100) per day for a first violation ; and a minimum penalty of Five Hundred Dollars ($500) per day for a second violation ; a minimum fine of One Thousand Dollars ($1 ,000) per day for any further violation. This section does not preclude probation or any other terms or conditions of such. 10-1-620.7: DETERMINATION ON ACCESSORY DWELLING UNIT APPLICATION A. SUBMISSION OF APPLICATION .
Any person desiring to construct or establish an Accessory Dwelling Unit must submit the following materials to the Community Development Department 's Planning Division:
1) A completed Accessory Dwelling Unit Permit application on forms as established and provided by the City Planner.
2) Site plans, floor plans, elevations , pictures and such other materials as may be deemed necessary by the City Planner to make a determination on the application. 3) A copy of the Property Deed establishing the identity of the owner of record of the property .
4) The Accessory Dwelling Unit Permit application fee in accordance with the City of Burbank Adopted Citywide Fee Schedule in effect at the time of application submittal. An application shall not be deemed to be filed until such time as all necessary information has been provided to the Director.
9. Section 10-1-627, subsection C, Applicable Sections, Table 10-1-627 of Title 10, Chapter 1 of the Burbank Municipal Code is amended as follows:
Table 10-1-627
Permitted Uses in the Multiple Family Residential Zones Symbol
p
AUP
Meaning
Use is permitted
Administrative use permit required (see Article 19, Division 4.1) 14 ATTACHMENT 7 - 14
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Symbol Meaning
CUP Conditional use permit required (see Article 19, Division 4) Use is prohibited
Land Use R-2 R-3 R-4 Specific Use
Standards
Residential and Accessory Uses
Single family dwelling p p p
Multiple family dwelling p p p
Accessory dwelling unit p p p Article 6, Division
3 Garages and carports , private p p p
Accessory structures , including p p p
minor structures for which no
building permit is required
Accessory uses typical for a p p p
residential project including tennis
courts and swimming pools
Driveway in buffer area CUP CUP CUP 10-1-628(F)
Home occupation p p p Article 6, Division
11 Home occupation , music lessons AUP AUP AUP 10-1-672 Planned residential development CUP CUP CUP Article 6, Division 8 Small family day care home p p p
Large family day care home AUP AUP AUP Article 6, Division 13 Community care facility (licensed , p p p
six or fewer occupants)
Community care facility p p p
(unlicensed , six or fewer
occupants)
Community care facility (licensed , CUP
seven or more occupants)
Community care facility CUP
(unlicensed , seven or more
occupants)
Supportive Housing p p
Transitional Housing p p
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Land Use R-2 R-3 R-4 Specific Use
Standards
Single Room Occupancy Hotel CUP CUP
(SRO)
Residential care home-retirement CUP
home
Non-Residential Uses
Carnival conducted by a church , CUP CUP CUP
public or private school , service
club , or nonprofit association or
corporation
Church or church school CUP CUP CUP
Convenience grocery store cup(1) cup(1) cup(1)
Educational institution , public or CUP(2) CUP(2) CUP(2) private
Municipal fire station CUP CUP CUP
Municipal library CUP CUP CUP
Office, business or professional cup <3)
Office, medical CUP(4) cup(4)
Park or recreational facility , golf CUP CUP CUP
course , cultural facility ; including
incidental commercial uses
commonly associated with a park
or recreation use
Parking lot, off-street CUP CUP CUP Article 14, Division 4 Wireless Telecommunications (5) (5) (5) 10-1-1118
Facility
Public utility facility CUP CUP CUP
Stable or corral, non-commercial , CUP(S) CUP(S)
for keeping horses owned by the
owner or occupant of the property
only
Cannabis Uses
Cannabis delivery 10-1-512
Commercial cannabis activities 10-1-512
Cultivation 10-1-512
Retailer 10-1-512
16 ATTACHMENT 7 - 16
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Notes/Additional Requirements:
(1) Permitted only on properties with a land area of 8,000 square feet or less. (2) Public educational institutions existing prior to June 1, 1978 are permitted uses that do not require a CUP.
(3) Prohibited in R-2, R-3, R-4, and MDR-4 zones; CUP in MDR-3 zone when the parcel is adjacent to a Major or Secondary Arterial street, and the office use is conducted in an existing residential structure.
(4) Permitted only in conjunction with one or more residential units on the same lot where the medical practitioner resides on the premises. (5) Permitted in accordance with Section 10-1-1118.
(6) Stables and corrals are permitted only in the Rancho Area as defined in Section 10- 1-630(A).
10. All new Accessory Dwelling Unit (former Second Dwelling Unit) applications submitted on or after January 1st, 2017 shall comply with and be issued under the provisions of this Ordinance. In the event there is a conflict between Title 10 of the Burbank Municipal Code and these Development Standards noted in this Ordinance, the provisions of the Development Standards in this Ordinance shall control.
11. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction , such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
12. Ordinance No. 17-3,893 (IDCO ordinance regarding ADUs) is hereby terminated.
13. This Ordinance is exempt from the California Environmental Quality Act in accordance with Section 15061 (b) (3) where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
The City Planner shall file a Notice of Exemption from CEQA review in accordance with CEQA Guidelines Section 15061.
14. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application , and to this end each phrase, section, sentence, or word is declared to be severable.
15. The City Clerk shall certify to the passage of this Ordinance and cause the City Attorney Synopsis of this Ordinance to be published once in a newspaper of general circulation within fourteen (14) days of adoption , published and circulated in the City of Burbank, California.
16. The City Clerk shall insert the effective date of this Ordinance in the body of this 17 ATTACHMENT 7 - 17
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Ordinance wherever noted.
17. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption. Any project that has received a building permit is exempt from this Ordinance. Any project applicant that has submitted an application which has been accepted by the City by April 12, 2018 for an Accessory Dwelling Unit under Ordinance No. 17-3,893 and thereafter applies for a building permit within one year after the effective date of this Ordinance is also exempt from this Ordinance.
PASSED AND ADOPTED this 13th day of March, 2018.
Attest:
Zizette Mullins, MMC, City Clerk
Approved as to Form
Office of the City Attorney
........_J
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Zizette Mullins, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. 18-3,901 duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the 13th day of March, 2018, by the following vote:
AYES: Frutos, Gabel-Luddy, Springer and Rogers.
NOES: None.
ABSENT: Talamantes.
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California on the 21st day of March, 2018. /
Zizette Mullins, MMC, City Clerk
19 ATTACHMENT 7 - 19
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Eff.: 12-17-19 ORDINANCE NO. 19-3,928
AN INTERIM DEVELOPMENT CONTROL ORDINANCE
OF THE COUNCIL OF THE CITY OF BURBANK LIMITING
THE ISSUANCE OF BUILDING PERMITS AND
AMENDING DEVELOPMENT CONTROLS FOR NEW
ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS IN ALL RESIDENTIAL
ZONES, TO ALLOW THE COUNCIL TIME TO STUDY AND
CONSIDER ENACTMENT OF ZONING MEASURES IN
RESPONSE TO NEW STATE LAW
(PROJECT NO. 19-000767)
THE CITY COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES AND DECLARES THAT:
A. On December 17, 2019, the Council considered adoption of an interim ordinance pursuant to Government Code Section 65858 (a), which establishes interim development standards for new Accessory Dwelling Units in all residential zones.
B. The City Council has determined that California law provides local jurisdictions with the authority to designate specific areas where ADUs and Junior ADUs may be permitted. This designation may be based on the adequacy of water and sewer services and the impact of ADUs and Junior ADUs on traffic flow and public safety (Government Code Section 65852.2(a)(1 )(A)). The intent of state law is to avoid unreasonable restrictions on the ability of homeowners to create ADUs and/or Junior ADUs.
C. The City Council has determined that unless the City adopts this interim ordinance, the City would be required to either approve new ADUs and/or Junior ADUs in locations and under standards that may have severe negative impacts on the surrounding community or adopt permanent standards for the entire City without the benefit of an inquiry and study on the appropriate locations and standards for ADUs and Junior AD Us in the City and in particular areas.
D. The City Council finds that after having received over 350 separate applications for ADUs since January 1, 2017 that the City is likely to continue to receive applications for new ADUs and Junior ADUs regardless of whether the City has new ADU regulations. Without an updated local ordinance, these ADU and Junior ADU applications would cause confusion and ambiguity regarding the applicability of provisions in the City's current accessory dwelling unit regulations with potentially inconsistent and unfair results for City residents and with limited ability for the City to address impacts in a reasonable and even-handed manner through its code. The implementation of the State's recently adopted ADU and Junior ADU regulations without local refinements to applicable development standards may create potential impacts to public safety and conflict with the character of the surrounding neighborhoods in which they could be built. 1 ATTACHMENT 7 - 20
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E. The City Council has determined that wildland fires pose a serious threat in areas located within and adjacent to the Verdugo Mountains in northeast Burbank and within the southwestern portion of the City adjacent to the Warner Bros. Studios and the 134 Freeway (inclusive of the "Rancho area"). These two areas have been identified in the Burbank2035 General Plan Safety Element (Exhibit A) as Mountain Fire Zones by the City.
Structure fires and grass fires are a safety hazard throughout the City, but they pose a unique risk in these two Mountain Fire Zone areas for Burbank residents, visitors and properties. Over the past two years, California has experienced an increase frequency and size of wildfires throughout the State. It is anticipated that climate change will increase the frequency and size of wildfires. Hotter, drier climates, aided by prolonged drought, will promote increased accumulation of fire-prone vegetation. When fires occur, stronger winds will continue to fan the flames, spreading fires faster and farther than previously experienced. This will expand the size of the urban-wildland interface, because more residential communities will be within reach of wildfire activity. The City's two designated fire zones are especially susceptible. The hillside area within the fire zone, which includes the R-1 zone (inclusive of the designated hillside area) is an area with unique circumstances and challenges not faced by other residential neighborhoods because of the location and topography of the area. The other fire zone that encompasses the Rancho area is also a unique area that is susceptible to higher risk and also requires special care as one of the few remaining neighborhoods in the urbanized areas of Los Angeles County where homeowners may keep horses on their residential properties.
F. The City Council has determined that in addition to the fire zone issues in the R-1-H zone, special care must be taken in this zone to ensure implementation of new State laws regulating ADUs and Junior ADUs do not adversely impact equine/horse keeping uses located in the R-1-H zone. To this end, special siting requirements must be considered to ensure that ADUs and/or Junior ADUs are allowed in the R-1-H zone in a manner that address safety concerns with possible unintended interface of residents and horses and does not preclude the existing and future horse keeping uses that are part of the community character for this zone.
G. The City Council has determined that adoption of the interim development control ordinance would facilitate the City's further study of the appropriate standards for ADUs and Junior ADUs in Burbank in order to address fire and public safety concerns associated with the intensification of development in the City's aforementioned R-1 (inclusive of the designated hillside area) and R-1-H zones located in the City's Fire Mountain Zone and/or specifically designed for horse keeping uses. Accordingly, this interim . ordinance is necessary to protect the public safety, health, and welfare and its urgency is hereby declared.
H. The Council has determined that it is in the best interests of the City, in the protection of the public health, safety and welfare, that the new State law's impact on the City's development standards for new Accessory Dwelling Units and Junior Accessory Dwelling Units should be analyzed by the staff, property owners and the citizens of the City to determine whether modifications to the City's zoning code are necessary to mitigate such impacts and, if so, what modifications should be made.
I. To effectively accomplish any necessary revisions to the zoning code, limited duration interim development controls should be adopted with respect to the consideration 2 ATTACHMENT 7 - 21
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of development and building permits for new ADU and Junior ADUs in the City's single family residential and multifamily residential zones.
J. The Council finds that the absence of such interim development controls would create a serious threat to the orderly and effective implementation of any zone text amendments which may be adopted by the City as a result of the ordered studies, in that any building permits approved at this time contrary to the recommended interim development standards would permit development that may be in conflict with or frustrate the contemplated updates and revisions to the zoning code to allow for the orderly development of new ADUs and Junior ADUs in a manner that projects the residential character of existing neighborhoods.
K. The City Council finds that the public interest, convenience, health, safety, welfare and necessity as described herein, require the immediate enactment of this Ordinance as an urgency measure so as to put into effect these interim development controls pending the completion of the studies and implementation of any recommended, appropriate revisions to the zoning code, in order to prevent the frustration of such studies and the implementation thereof.
L. The City Council further finds, determines, and declares that a current and immediate threat to the public health, safety and welfare of the City and its citizens necessitates the immediate enactment of this Ordinance. The facts constituting said urgency are set forth in Recitals A through H of this Ordinance.
M. While this ordinance is in effect, the following interim development standards shall apply in all residentially zoned properties in which ADUs and Junior ADUs would be permitted. Any and all development standards applicable to these zones as set forth in the Burbank Municipal Code (the "Code") that are not in conflict with these provisional standards shall remain in full force and effect.
N. This Ordinance is exempt from the California Environmental Quality Act in accordance State CEQA Guidelines, Article 18: Statutory Exemptions, Section 15282(h).
This section of CEQA provides a statutory exemption for "the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of Government Code as set forth in Section 21080.17 of the Public Resources Code." The City Planner shall file a Notice of Exemption from CEQA review in accordance with CEQA Guidelines Sections 15061 and 15062.
0 . It is the position of the Burbank City Council that having complied with the 2018 State-mandated ADU law, the City of Burbank successfully approved and permitted up to 350 Dwelling Units. Approved, permitted and with building permits issued. We protest that our success has neither been recognized nor considered by the State. We are on record having opposed subsequent state-mandated ADU Laws. We adopt any conforming local legislation under protest. We believe the legislation coming out of our State Capitol tears down the system of local control and irresponsibly attempts to plan and zone from Sacramento. It embodies complete and total disregard for professional planning and ignores the nuances of our neighborhoods-Magnolia Park, the Media District, the Hillside, the Airport area, the Rancho and our unique hazard zones. This State legislative effort 3 ATTACHMENT 7 - 22
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amounts to marginalizing the safety, health and public welfare of our community. This is not ok and the Burbank City Council will push back in the strongest possible way.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
1. All of the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.
2. While this Ordinance is in effect, there shall be no issuance of any building permit for a new Accessory Dwelling Unit or Junior Accessory Dwelling Unit unless it is in compliance with the interim development standards noted herein.
3. While this Ordinance is in effect, the following interim development standards shall apply in all single-family residential and multifamily residential zones. Any and all development standards applicable to these zones as set forth in the Burbank Municipal Code (the "Code") that are not in conflict with these interim standards shall remain in full force and effect. Any interim standards specified herein that conflict with existing development standards as set forth in the Code shall supersede any conflicting standards.
The provisions of Title 10, Article 6, Division 3, entitled "Accessory Dwelling Units" are expressly superseded by these interim development standards. Any terms not defined herein shall have the meaning ascribed to them in the Code. The interim development standards are noted in the subsequent Sections 4 through 6 of this Ordinance and provide for the following:
4. The following definitions apply to these interim development standards:
ACCESSORY STRUCTURES means enclosed and non-enclosed structures that are detached from the main dwelling unit, including but not limited to detached garages, gazebos, workshops , storage sheds and buildings, and pool houses. Accessory dwelling units, whether attached to the main dwelling unit or detached, and additional dwelling units authorized by conditional use permit, are not considered accessory structures.
JUNIOR ACCESSORY DWELLING UNIT OR JADU means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
STRUCTURE: Means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, except for: NON COMMERCIAL CORRAL, STABLE inclusive of tack rooms and similar accessory support facilities and KENNEL that are constructed for the keeping of horses, dogs and cats, or a combination thereof and have a separate definition within this Code.
5. No building permits shall be issued for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit unless it complies with the following interim development standards:
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A. DESIGN AND DEVELOPMENT STANDARDS FOR NEW CONSTRUCTION The design and construction of all newly constructed accessory dwelling units ("ADU") and junior accessory dwelling units ("Junior ADU") shall comply with all applicable building, housing, zoning and site development standards this division including but not limited to standards regarding setbacks, height, architectural design review, including compatibility with existing structures located on the same property and in the surrounding neighborhood that are listed in the California Register of Historic Places. Applicants shall also comply with all applicable fee and charge requirements, and other applicable zoning requirements Applications deemed complete for ADUs and Junior ADUs shall be approved ministerially within the applicable 60-day review period consistent with state law.
B. PERMITTED ZONES
An accessory dwelling unit ("ADU") and junior accessory dwelling unit ("Junior ADU") shall be a permitted use within the City's single family and multiple family residential zones: R-1, R2, R3, R4, MDR-3, MDR-4 and R-1-H zones.
C. ON-SITE PARKING
1) Required parking for an accessory dwelling unit shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. 2) When an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or is converted into an ADU, replacement parking for the main dwelling unit shall not be required. 3) When required, on-site parking can be covered, uncovered, tandem or provided through the use of a mechanical automobile parking lift. Tandem parking as defined in this division means that two or more automobiles are parked in a driveway or in any other location on a lot, lined up behind one another.
D. ON-SITE PARKING EXCEPTIONS
Notwithstanding the parking development standards for accessory dwelling units and junior ADUs noted in subsection C, accessory dwelling units that meet the following State provisions (consistent with AB 68, AB 881, and SB 13) shall not be required to provide on-site parking if:
1) The accessory dwelling unit is located within one-half mile walking distance of "public transit" within the meaning of Government Code Section 65852.2; 2) The accessory dwelling unit is located within an architecturally and historic significant historic district;
3) The accessory dwelling unit is part of the existing primary dwelling unit or an existing accessory structure;
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4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
5) When there is a car share vehicle located within one block of the accessory dwelling unit.
E. PARKING LOCATION
The parking provided on-site can be tandem and in an existing driveway or within any existing setback area, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or topographical or fire and life safety conditions. When a designated parking area is provided and is not located in the driveway as tandem, the parking space must meet the minimum required turning radius and backup distance as noted in the Code.
F. SQUARE FOOTAGE
1) All new accessory dwelling units are exempt from compliance with the Floor Area Ratio (FAR), lot coverage, open space, or minimum lot size requirements noted in this Code unless otherwise specified herein.
2) All new detached accessory dwelling units shall not exceed 850 square feet, except for an accessory dwelling unit with more than one bedroom shall not exceed 1,000 square feet.
3) When an accessory dwelling unit is attached to the existing primary dwelling_unit, the maximum allowed size of that accessory dwelling unit shall be no more_than 50% of the main dwelling size, or 850 or 1,000 square feet based on number of bedrooms as noted in preceding section E(2), whichever is less. 4) Guest dwelling units previously approved by the City and constructed with City building permits may be converted up to the previously City-approved square footage or 850 or 1,000 square feet based on number of bedrooms as noted in preceding section E(2), whichever is greater.
5) When a balcony, porch or patio is provided in conjunction with an ADU, if said structure is covered, it shall count towards the total ADU square footage allowance. 6) The building division will determine what is considered a landing or a balcony, porch or patio for the purposes of setback requirements. 7) If a cover such as a porch or similar type structure is provided over the main entrance of the ADU, and is supported by posts, 25 square feet of the said cover will not count towards the maximum allowable square footage of the ADU.
G. HEIGHT
1) All new ADUs, attached to the main dwelling unit must comply with the height 6 ATTACHMENT 7 - 25
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requirements defined in Code Section 10-1-603(A).
2) When an ADU is constructed on top of a detached garage, accessory structure, or above another ADU when applicable under this Code, the maximum top of plate height cannot exceed 20 feet as measured from grade level and the maximum height to any architectural features must not exceed 23 feet as measured from grade level.
3) All new detached ADUs, not constructed on top of a detached garage or accessory structure shall be no more than one (1) story with a maximum top of plate height of 12 feet as measured from grade level and a maximum height of 17 feet to any architectural features.
4) When an ADU is constructed on top of a garage or accessory structure , the ADU cannot touch grade level, except through support posts. The bottom of the finished floor of the ADU must be above the top of plate of the garage.
H. SETBACK
1) Unless otherwise provided in this Division, any new attached or detached AD Us must have a minimum setback of 4 feet to the rear property line and 4 feet to the side-yard property line with the exception that ADUs on top of a garage shall maintain a minimum 5 feet setback from side and rear property lines. 2) Any new ADU or Junior ADU cannot be located closer to the front property line than the prevailing front yard setback for a single family residential zoned lot or minimum required front setback for a multifamily residential zoned lot. An exception to this requirement would be to allow the conversion of existing legal non-conforming building footprint of the main structure or attached accessory structure into an ADU or Junior ADU that is located within the front yard setback. 3) When a garage or other accessory structure exists and is legally permitted with City building permits, the existing legal non-conforming setback of the garage or other accessory structure can be maintained. The required minimum 4 foot rear and side yard setbacks shall still apply to all added space that goes beyond the existing building footprint and/or building envelope of the garage or other accessory structure.
4) New ADUs must maintain a 5-foot separation from building face to building face, and a 4 foot separation from eave to eave of any adjacent structure . 5) No accessory dwelling unit may be located in a way that would prohibit access to a designated parking area or impede safe ingress and egress from a required side, rear, or front setback.
6) No setback shall be required when an ADU is constructed in the same location and to the same dimensions as an existing legal Structure that is converted into an ADU or to a portion of an accessory dwelling unit, even when that Structure has 7 ATTACHMENT 7 - 26
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been demolished .
7) When a balcony, porch or patio is provided in conjunction with the ADU and is 7 inches above grade level, the balcony, porch or patio must be setback from the rear and side property lines a minimum of 4 feet.
8) When a staircase or landing is provided for a new or existing second story ADU, whether attached or detached to the primary dwelling unit, that staircase or landing must provide a minimum 4 foot setback to the rear and side property line.
I. DESIGN AND DEVELOPMENT STANDARDS
1) The exterior design of the ADU shall match that of the main dwelling in terms of building forms, materials, colors, exterior finishes, roof forms and style of doors and windows. The structure(s) shall retain the appearance of a s ingle-family dwelling, and the accessory dwelling unit shall be integrated into the design of the existing primary dwelling unit on the property or as determined by the Community Development Director or his/her designee.
2) The design of an attached ADU shall be compatible with the architectural design of the primary dwelling unit in order to ensure long term compatibility regardless of whether the use of the ADU is continued or terminated. If a separate entrance is provided, it shall be located on the side or rear of the structure and whenever possible located toward interior yard areas. The additional entrance is prohibited from being located on the front of the primary dwelling unit. The second entrance shall be well lit and free of concealment from landscaping to assure safe entrance and exit by the occupants.
3) All ADU fa<;ade elevations visible from any public right of way must provide entries, windows, or other architectural features compatible with the existing primary dwelling unit.
4) When a garage is converted into an ADU, the garage door must be removed and replaced with windows, door, or other design treatments that are consistent with the overall architectural design of the structure and the primary dwelling unit. 5) The design and construction of each ADU shall conform to all applicable provisions of Title 9 Chapter 1 (Building) of this Code. The accessory dwelling unit shall comply with all provisions of the Code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the accessory dwelling unit will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.
6) The main entrance of a detached ADU must face the same direction as the main entrance for the primary dwelling unit or face the side property lines, whichever is more compatible to the neighborhood character as determined by the City Planner. An ADU entrance proposed to face an alley or rear property line is subject to review and approval by the City Planner.
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J. UTILITY CONNECTION AND CITY FEES
1) The primary and accessory dwelling units may be connected to a common gravity fed sewage disposal approved by the City.
2) An ADU under 750 square feet shall not be charged impact fees. An ADU greater than 750 Square feet may be charged impact fees. These impact fees shall be proportional to the square footage of the main dwelling and calculated using the ADU square footage .
3) For an accessory dwelling unit that is not built within the existing space of a single family house or accessory Structure may be required to obtain a new or separate utility connection as determined by Burbank Water and Power process and may be subject to a connection fee or capacity charge based on its square feet or the number of its drainage fixtures unit values.
K. ADDRESS ASSIGNMENT AND VERIFICATION OF EASEMENTS AND
DEDICATIONS
The Public Works department will determine address assignments to new ADUs and verify any public easements and land dedications required by the Burbank Municipal Code.
L. FIRE MOUNTAIN ZONE AND FIRE SPRINKLERS
No Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted on R-1 or R-1-H zoned properties located within the City's designed Mountain Fire Zones as noted in the City's General Plan Safety Element, unless all of the following requirements are met:
1) No more than one ADU or one Junior ADU is allowed on R-1 and R-1-H zoned properties located in the City's Mountain Fire Zones.
2) All new ADUs proposed within the City's Mountain Fire Zones shall comply with any applicable brush clearance requirements. Unless otherwise required by applicable City building and fire codes, in any residential zone where new ADUs are allowed, if fire sprinklers are required for the primary dwelling unit then they are also required for new ADUs.
M. STANDARDS IN THE R-1-H SINGLE FAMILY RESIDENTIAL HORSE KEEPING (R- 1-H) ZONE
Consistent with the purpose of the R-1-H zone and in order to ensure that ADUs do not adversely impact public safety and equine/horse keeping uses located in the R-1- H zone, all of the provisions of this section shall apply to ADUs in the R-1-H Zone unless otherwise stated in the following:
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1) No more than one ADU or one Junior ADU is allowed on R-1-H zoned properties. No new construction of ADUs shall be permitted the R-1-H zone except for the following:
a) The conversion of an existing permitted garage shall be permitted. b) The conversion of an existing permitted guest dwelling unit shall be permitted.
c) The conversion of existing square footage within the main dwelling unit is permitted.
d) Additions to or conversions of existing square footage within the main dwelling unit is permitted in the area outside of the rear 35 feet of the lot, which is the area reserved for horse keeping uses (e.g. barns, corrals, stables, and tack rooms).
2) The conversion of any existing accessory structure (storage, shed, pool house, recreation room) and barn, stable, corral, tack room, etc. into an ADU shall not be permitted.
3) Unless otherwise required to comply with the City's building and fire codes, any doors, windows, and other openings in any accessory dwelling unit shall comply with the requirements of Section 10-1-605(6 ).
N. ADDITIONAL STANDARDS IN MULTIFAMILY ZONES
All of the provisions of this section shall apply to ADUs in the Multifamily Zones unless otherwise stated in the following:
1) No more than two (2) ADUs can be constructed on a multifamily zoned lot or on a lot with a multiple family dwelling . These ADUs must be detached from the primary structure; these ADUs may be attached or detached from each other. 2) ADUs may be created within a multifamily dwelling structure in areas not used as livable space, such as storage rooms, boiler rooms, passageways, attics, basements, common areas or garages, so long as the converted space complies with state building standards for dwellings. The number of ADUs so created shall be up to 25% of the existing multifamily dwelling units in the multifamily dwelling structure.
0. JUNIOR ACCESSORY DWELLING UNIT STANDARDS
All of the provisions of this section shall apply to a Junior Accessory Dwelling Unit (JADU) unless otherwise stated in the following:
1) A JADU is limited to 500 square feet.
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2) One JADU is allowed per residentially zoned lot that includes an existing or proposed single-family dwelling unit structure.
3) A JADU can be built within an existing accessory structure, so long as the accessory structure is attached to a single-family dwelling unit structure. 4) A deed restriction must be recorded and will run with the land prohibiting the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. 5) The deed restriction must include the size and attributes of the JADU that conforms to this section.
6) The JADU must be constructed within the existing walls of the structure. 7) The JADU must include a separate entrance from the main entrance to the structure and an interior entry to the main living area. A second interior doorway may be provided for sound attenuation.
8) JADU may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
9) The junior accessory dwelling unit must include an efficiency kitchen, which shall include all of the following:
a) A cooking facility with appliances.
b) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. 1 O) Additional parking may not be required as a condition to grant a permit for a JADU. 11) An inspection, including the imposition of a fee for that inspection to determine whether the JADU is in compliance with applicable building standards may be required at any time after the JADU has been built.
12) For the purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit.
13) For the purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit. 14) For a JADU contained entirely within a single-family residence, there shall be owner occupancy in the single-family residence in which the JADU is permitted. The owner may reside in either the remaining portion of the single-family residence or the newly created JADU. This provision does not apply if the owner is a governmental entity, 11 ATTACHMENT 7 - 30
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land trust or housing organization.
P. SHORT TERM RENTALS
Unless otherwise provided for in the Burbank Municipal Code, ADUs and JADUs that are rented, shall be rented for terms longer than 30 days.
Q. CONVEYANCE
Any ADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
R. SUBMISSION OF APPLICATION.
Any person desiring to construct or establish an Accessory Dwelling Unit and/or Junior ADU must submit the following materials to the Community Development Department's Planning Division:
1) A completed Accessory Dwelling Unit and/or Junior ADU Permit application on forms as established and provided by the City Planner. 2) Site plans, floor plans, elevations, pictures and such other materials as may be deemed necessary by the City Planner to make a determination on the application.
3) A copy of the Property Deed establishing the identity of the owner of record of the property.
4) The Accessory Dwelling Unit and/or Junior ADU Permit application fee in accordance with the City of Burbank Adopted Citywide Fee Schedule in effect at the time of application submittal. An application shall not be deemed to be filed until such time as all necessary information has been provided to the Director.
6. If any section, subsection, sentence, clause , phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.
7. This Ordinance shall be introduced, passed and adopted at one and the same meeting and shall become effective immediately upon the adoption thereof, and shall expire and be of no further force and effect after forty-five ( 45) days from the date of its adoption, unless further extended on or before this forty-fifth (45th) day. 12 ATTACHMENT 7 - 31
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8. The City Clerk shall certify to the passage of this Ordinance and cause the this Ordinance to be published , within fourteen days of the adoption hereof, once in a newspaper of general circulation , published and circulated in the City of Burbank, California .
PASSED AND ADOPTED this 17th day of December , 2019.
Approved as to Form:
Attest: Office of the City Attorney
~bz ==----
Zizette Mulli~MC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Zizette Mullins , MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. 19-3,928 was duly and regularly passed and adopted by a four fifths (4/5) vote of the Council of the City of Burbank at its regular meeting held on the 17th day of December , 2019, by the following vote:
AYES:
NOES:
ABSENT:
Frutos , Gabel-Luddy , Murphy, Talamantes and Springer .
None.
None.
I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Burbank , California on the 28th day of December, 2019.
Zizette Mullins, MMC, City Clerk
13 ATTACHMENT 7 - 32
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1 STAFF REPORT
DATE: July 28, 2026
TO: Justin Hess, City Manager
FROM: Damian Skinner, Public Works Director
VIA: Lifan Xu, Chief Assistant Public Works Director-City Engineer BY: David Null, Senior Civil Engineer
SUBJECT: Adoption of a Resolution Approving a Cooperative Agreement with Wyatt Trapp, Inc. for the Robert E. Gross Park Seismic Retrofit and Renovation
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A COOPERATIVE AGREEMENT WITH WYATT TRAPP, INC. AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO APPROVE ANY CHANGES TO FINAL PLANS AND SPECIFICATIONS FOR THE ROBERT E. GROSS PARK SEISMIC RETROFIT AND RENOVATION PROJECT (Attachment 1).
BACKGROUND
On December 10, 2024, the City Council adopted a Mandatory Soft-Story Seismic Retrofit Ordinance No. 3512 / 24-4021 to demonstrate the City’s commitment to public safety and community resilience in the face of seismic risk. The ordinance requires owners of wood- framed buildings that have two or more stories, were constructed under codes before January 1, 1978, and have weaker open first floor such as garages or tuck-under parking, to evaluate th eir structures and complete strengthening work if needed. The City continues to operate an ongoing Seismic Retrofit program to identify buildings that meet the criteria for mandatory retrofit.
The Robert E. Gross Park Exercise Building, originally constructed in 1969 and donated to the City in 1993, is scheduled for improvements as part of the City’s Capital Improvement Program . The Gross Park Facility Improvements Project (Project) will include seismic retrofit design and construction, along with Americans with Disabilities Act (ADA) upgrades.
PUBLIC
WORKS
Consent Calendar
Item #1
164
2 DISCUSSION
The Project includes the following improvements:
• Seismic retrofit of the Robert E. Gross Exercise Building • Restroom upgrades and exterior upgrades for ADA compliance • Restroom upgrades for modern improvements
• Improvement of interior finishes
• Exterior improvements, including new windows, doors, gutters, and downspouts.
The design and technical specifications for the Project have been completed, and a building permit has been obtained. Staff recommends that construction services be procured through a Cooperative Agreement alternate delivery method (Co -op), which allows the City to utilize another public agency’s competitive bid process that includes bidding language on behalf of the members of the nationwide Co-op. This method is ideal for small construction projects as it reduces the cost of goods and services by aggregating the purchasing power of public agencies. The procurement and/or construction agreements are awarded to those companies providing the best value. Utilizing a Co-op eliminates much of the bid processing time and is a preferable method for furnishing management, labor, materials, equipment, and incidental design support. Specifically for this Project, staff can select the design and items that best suit the City’s needs while still receiving the benefit of nationwide pricing.
Staff recommends executing the Co-op via Sourcewell’s Indefinite Delivery Indefinite Quantity (IDIQ) construction contracts. Under Burbank Municipal Code (BMC) § 2-2-116, subdivisions (I) and (J), Council shall waive the requirement for competitive bidding by Resolution finding that it is in the best interest of the City and award the contract to the proposer offering the Best Value as more fully defined in the solicitation.
Wyatt Trapp In c. (Wyatt Trapp), a local Los Angeles company, is the selected vendor .
Wyatt Trapp has met all the requirements and expectations of the City and is utilizing a Sourcewell contract for the Co-op (Attachment 2). The Gordian Group, Inc. (Gordian) is Sourcewell’s designated representative and contract administrator for the cooperative agreement. Gordian’s support includes preparing construction task catalogs and related technical specifications, providing information management systems, providing training for contractors, administering fee collection, and assisting with proposal or work order development.
Council’s approval of the plans and specifications provides design immunity protection under California Government Code § 830.6. Any changes in the final plans and specifications may be approved by the Public Works Director and/or City Engineer under the authority conferred by BMC § 2-2-104.
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3 If approved by Council, the Project is scheduled to begin construction in September 2026 and be completed by May 2027. During construction, t he multi-purpose building will remain available for community use during the summer months. All programming will be temporarily relocated to other park facilities during construction.
For safety and staging needs, public access will be restricted from a portion of the parking lot which will be cor doned off for construction equipment. Access will also be limited in the area surrounding the Gross Park Exercise Building.
ENVIRONMENTAL REVIEW
Staff recommends Council find the Project Categorically Exempt from environmental review under California Code of Regulations, Title 14, Section 15301. Section 15301 exempts activities involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, including existing facilities of both investor and publicly -owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. This Project updates certain existing community room and restroom facilities to current building codes and standards within its original footprint , and as such, will involve negligible or no expansion of capacity.
FISCAL IMPACT
Funding for t he Project was approved as part of the FY 2026-27 Adopted Budget. The construction contract price is $957,662.98 (Attachment 3), and the Project budget with the standard 10% contingency is $1,053,429.28.
CONCLUSION
Staff recommends that Council adopt the proposed resolution to approve the cooperative agreement with Wyatt Trapp to renovate and improve the Robert E. Gross Park Exercise Building.
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Wyatt Trapp, Inc. Sourcewell Contract Amendment Attachment 3 – Sourcewell Proposal
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ATTACHMENT 1 – PAGE 1
1 RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BURBANK APPROVING A COOPERATIVE AGREEMENT
WITH WYATT TRAPP , INC . AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO
APPROVE ANY CHANGES TO FINAL PLANS AND
SPECIFICATIONS FOR THE ROBERT E. GROSS PARK
SEISMIC RETROFIT AND RENOVATION PROJECT
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. Section 1205 of the Burbank City Charter and Burbank Municipal Code section 2-2-116 provide that the City Council may waive formal competitive bidding by resolution and approve alternate project delivery methods such as a “cooperative agreement” to the award public works construction projects when it is in the best interests of the City.
B. The cooperative agreement delivery method allows the City to utilize another public agency’s bid, which includes language that the public agency is bidding on behalf of the member of the Cooperative, nationwide. This reduces the cost of goods and services by aggregating the purchasing power of public agencies nationwide, thus eliminating much of the time needed for a bid solicitation process and thereby streamlining the project timeline.
C. The cooperative agreement delivery method is optimal for small building improvement projects because it provides the City with maximum flexibility to obtain construction services and goods, materials, and equipment at a reduced cost.
D. It is in the best interests of the City to utilize the selected cooperative agreement delivery method for the Robert E. Gross Park Seismic Retrofit and Renovation Project to save time and money.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. Pursuant to Burbank Municipal Code Section 2-2- 116(I) and (J), the Cit y Council hereby approves performing the Robert E. Gross Park Seismic Retrofit and Renovation Project (“Project”) using the cooperative agreement method of project delivery.
Accordingly, the City Council hereby waives the traditional competitive bidding process as outlined in Burbank Municipal Code § 2 -2-116 as it is determined that the cooperativ e agreement delivery method accompanied by a competitive proposal solicitation process is in the best interests of the City.
2. The design plans for the Project , on file at the City Council Office and the Purchasing Division, are approved with such modifications as may be deemed appropriate by the City Manager or his designee. The Public Works Director or his designee is 167
ATTACHMENT 1 – PAGE 2
2 authorized to approve the final plans and specifications.
3. This Project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Section 1530 1 of the State CEQA Guidelines, pertaining to activities involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, including existing facilities of both investor and publicly -owned utilities used to provide electric power, natural gas, sewerage, or other public utility services, because the Project updates certain existing community room and restroom facilities to current building codes and standards within its original footprint, and as such, will involve negligible or no expansion of capacity.
4. The current total construction budget of the Project is estimated to be $1,053,429.28 (including the 10% contingency in the amount of $95,766.30), but may be adjusted by the City Manager or his designee up to the total budgeted amount for the Project.
5. The cooperative agreement and related amendment are approved with minor modifications as may be deemed appropriate by the City Manager or his designee, a nd approved as to form by the City Attorney.
6. The City Manager or his designee is authorized to execute an agreement with Wyatt Trapp, Inc. for the Project, including approval of change orders when within existing budgeted resources.
7. The Cooperative Agreement shall be retained as a permanent record.
APPROVED and ADOPTED this _____day of ______________, 20_______. __________________________
Tamala Takahashi
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_________________________ By: _______________________ Kimberley Clark, City Clerk Catherine Kim Senior Assistant City Attorney
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ATTACHMENT 1 – PAGE 3
3 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by a vote of the Council of the City of Burbank at its regular meeting held on the ____ day of _____, 2026, by the following vote:
AYES:
NOES:
ABSENT:
____________________________
Kimberley Clark, City Clerk
169
ATTACHMENT 2