Agenda Report
Fullerton City Council
MEETING DATE: June 3, 2025
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: sunayana thomas, director of community and economic development PREPARED BY: chris schaefer, aicp, planning manager
David lopez, senior planner
SUBJECT: FULLERTON MUNICIPAL CODE AMENDMENTS PERTAINING TO ACCESSORY AND JUNIOR ACCESSORY DWELLING UNIT REGULATIONS TO COMPLY WITH STATE LAW
SUMMARY
This action would amend Fullerton Municipal Code regulations for Accessory and Junior Accessory Dwelling Units to comply with state law.
PROPOSED MOTION
Introduce Ordinance XXXX for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. XXXX - an ordinance of THE CITY COUNCIL of the city of fullerton, california, AMENDing FULLERTON MUNICIPAL CODE TITLE 15 ZONING INCLUDING SECTION 15.04.040 DEFINITIONS and repealing and replacing section 15.17.100 accessory and junior accessory dwelling units
ALTERNATIVE OPTIONS
Approve the Proposed Motion
Other options brought by City Council.
STAFF RECOMMENDATION
Staff recommends the Proposed Motion.
CITY MANAGER REMARKS
The Planning Commission recommended approval. The new zoning will put the City in compliance with State Law and the Housing Element.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Fiscal and Organizational Stability.
FISCAL IMPACT
This item generates no fiscal impact to the City.
BACKGROUND AND DISCUSSION
The Governor has signed numerous bills into law since 2016 imposing limits on local authority to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). State ADU laws evolved to lower barriers to affordable housing development in California. More than ten state laws dictate ADU regulations. However, some of these laws have conflicting regulations, overlapping requirements or missing requirements necessitating cities to “fill in the gaps” with corresponding City regulations.
The most recent legislation includes Senate Bill (SB) 477, Assembly Bill (AB) 2533 and SB 1211 which changed Government Code and state ADU law:
SB 477, signed March 2024 and took effect immediately, approved Government Code changes related to state ADU law.
AB 2533, signed September 2024 and took effect January 1, 2025, prohibits a city from denying a permit to legalize an unpermitted ADU or JADU constructed before January 1, 2020.
SB 1211, signed September 2024 and took effect January 1, 2025, amended regulations to prohibit a local agency from requiring replacement parking when an applicant demolishes uncovered parking spaces in conjunction with an ADU. Also added definitions for “Livable Space” and increased the number of detached ADUs for multifamily dwellings up to eight detached ADUs or as many detached ADUs as primary dwelling units on the lot, whichever is less.
The City must amend ADU regulations in the Fullerton Municipal Code. The City last revised these regulations in 2022 but they do not comply with recent state revisions to ADU related laws. The City has new goals and policies to promote and provide affordable housing options to Fullerton residents that tie into the ADU regulations with City’s 6th Cycle Housing Element approved by City Council on January 7, 2025 and certified by the Department of Housing and Community Development on February 27, 2025.
Planning staff worked with the City Attorney to revise ADU regulations to meet state laws and tailor regulations, where possible, to meet resident expectations.
The code changes, while not major, are necessary to enforce state mandated requirements. The amendments, including definitions, relate to both ADUs and JADUs. The new and revised definitions (i.e., Section 15.04.040 Definitions) include the following: “Accessory Building”, “Accessory Dwelling Unit or ADU”, “Accessory Structure”, “Complete Independent Living Facilities”, “Efficiency Kitchen”, “Junior Accessory Dwelling Unit or JADU”, “Livable Space”, “Living Area”, “Multifamily Dwelling,”, “Passageway” ,“Proposed Dwelling” and “Single Family Dwelling.” Staff proposes reorganizing this FMC section by repealing and replacing Section 15.17.100 Accessory and Junior Accessory Dwelling Units to comply with state ADU law. Staff revised and condensed this section to provide ADU standards easier for the public to follow.
The Planning Commission held a Public Hearing for the FMC amendments on April 24, 2025 and received the following comments:
Curtis Gamble provided comments regarding ADUs and tiny homes.
Bob Linnell expressed concerned about the number of ADUs and density for R-2 zoned properties.
Daniel Stuart provided comments regarding AB 2533, legalizing unpermitted ADUs.
Maureen Milton inquired about the difference between an ADU and JADU.
The Planning Commission voted 4 – 1 (Opposed: When) to recommend City Council approve the proposed FMC changes. Staff recommends approving FMC amendments as proposed to meet state requirements.
Attachments:
Attachment 1 – PowerPoint Presentation
Attachment 2 – Draft City Council Ordinance No. XXXX
Attachment 3 – Planning Commission Staff Report dated April 23, 2025 Attachment 4 – Planning Commission Resolution No. PC-2025-05 Attachment 5 – Planning Commission Meeting Minutes dated April 23, 2025 cc: City Manager Eric J. Levitt
FMC Title 15 Amendments Accessory Dwelling Units
June 3, 2025 - Page 2