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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING ZONING AMENDMENT NO. A-042-2024(A), A TEXT AMENDMENT TO CHAPTER 9.54 (ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS) OF TITLE 9 (LAND USE) OF THE GARDEN GROVE MUNICIPAL CODE TO COMPLY WITH STATE LAW.
CITY ATTORNEY SUMMARY
This Ordinance approves a zoning text amendment to Chapter 9.54 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 9 (Land Use) of the Garden Grove Municipal Code to conform to recent changes in State law and California Department of Housing and Community Development guidance and to make certain clarifying changes. The c hanges to Chapter 9.54 include, without limitation, updates to statutory references; allowing up to eight (8) detached ADUs on lots with an existing multiple -family development per State law, inclusion of objective standards for architectural compatibility between an ADU and the primary dwelling; increases in maximum height limits for ADUs to align with State law ; clarification that uncovered parking spaces that are demolished to accommodate an ADU are not required to be replaced ; clarification that the construction of an ADU does not trigger a requirement that fire sprinklers be installed in the existing primary dwelling; the establishment of procedures to facilitate the review and approval of pre-approved ADU plans and the exemption of projects that use pre - approved ADU plans from architectural compatibility requirements; and clarification that a 150 square -foot addition is allowed for ADU conversions of both attached and/or detached accessory structures and that ADU conversions are allowed to add porches and/or patios, up to eighty (80) square feet.
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE FINDS AND DETERMINES AS FOLLOWS:
WHEREAS, the City of Garden Grove is proposing a zoning text amendment to Chapter
9.54 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 9 (Land Use) of the Garden Grove Municipal Code to conform to changes in State law; and
WHEREAS, the proposed Zoning Amendment No. A-042-2024(A) would amend the existing Land Use Code provisions governing accessory dwelling units and junior accessor dwelling units to bring them into compliance with current State law and California Department of Housing and Community Development (HCD) guidance and to provide additional clarity; and
WHEREAS, following a public hearing held on June 5, 2025, the Garden Grove Planning Commission adopted Resolution No. 6113-25 recommending the City Council to approve Zoning Amendment No. A-042-2025(A); and
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WHEREAS, pursuant to a legal notice, a Public Hearing regarding Zoning Amendment No.
A-042-2025(A) was held by the City Council on July 8, 2025 , and all interested persons were given an opportunity to be heard; and
WHEREAS, the City Council gave due and careful consideration to the matter during its meeting of July 8, 2025, and considered all oral and written testimony presented; and
WHEREAS, this ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”), Cal. Pub. Resources Code Section 21000 et seq., pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h); and
WHEREAS, the City Council hereby incorporates by reference the findings and reason s set forth in Planning Commission Resolution No. 6113-25 and makes the following findings regarding Amendment No. A-042-2025(A):
A. Zoning Amendment No. A-042-2025(A) is internally consistent with the goals, policies, and elements of the General Plan.
B. Zoning Amendment No. A-042-2025(A) is deemed to promote the public interest, health, safety and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct.
SECTION 2. Zoning Amendment No. A-042-2025(A) is hereby approved pursuant to the findings set forth herein and the facts and reasons stated herein and in Planning Commission Resolution No. 6113-25, a copy of which is on file in the City Clerk’s Office and incorporated herein by reference with the same force and effect as if set forth in full.
SECTION 3. Chapter 9.54 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended and restated in its entirety to read as follows:
CHAPTER 9.54 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
§ 9.54.010 Purpose, Applicability, Definitions, Effect of Conforming, Interpretation.
A. Purpose. The purpose of this chapter is to provide for and regulate the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with state law.
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B. Applicability. Except as otherwise provided by state law, the standards and limitations set forth in this chapter apply to the development of new ADUs and JADUs in the City.
C. Definitions. As used in this chapter, the following terms shall have the following meanings:
1. The terms "accessory dwelling unit," "accessory structure," "efficiency unit," "living area," “livable space,” "nonconforming zoning condition," "passageway," "proposed dwelling," "public transit," and "tandem parking" all have the same meaning as that stated in Government Code Section 66313 as that section may be amended from time to time. The terms "accessory dwelling unit" and "ADU" shall have the same meaning.
2. The term "junior accessory dwelling unit" shall have the same meaning as that stated in Government Code Section 66313 as that section may be amended from time to time. The terms "junior accessory dwelling unit" and "JADU" shall have the same meaning.
3. The term "attached ADU" means an ADU, other than a converted ADU, that is physically attached to a primary dwelling structure or physically attached to an accessory structure that is attached to a primary dwelling structure.
4. The term "detached ADU" means an ADU, other than a converted ADU, that is physically separated from, but located on the same lot as, a primary dwelling structure.
5. The term "converted ADU" means an A DU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, storage are as, or similar uses. A converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure.
6. The term "Director" means the City of Garden G rove Director of Community Development, or designee.
D. Effect of Conforming. An ADU and/or JADU that conforms to the provisions of this chapter shall:
1. Be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located;
2. Be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and
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3. Not be considered in the application of any local ordinance, policy, or program to limit residential growth.
E. Interpretation. The provisions of this chapter shall be interpreted to be consistent with the provisions of Chapter 13 of Division 1 of Title 7 of the Government Code (Section 66310 et. seq.) and shall be applied in a manner that is consistent with state law.
§ 9.54.020 Locations Permitted.
A. Permitted ADU Locations. ADUs conforming to the provisions in this chapter may be located on any lot in the City that is zoned to allow single -family or multiple-family residential uses and that includes a proposed or existing legally developed single - family or multiple-family dwelling.
B. Permitted JADU Locations. JADUs conforming to the provisions in this chapter may be located within a proposed or ex isting legally developed single -family dwelling on any lot in the City that is zoned to allow single-family residential uses.
§ 9.54.030 Number of ADUs and JADUs Permitted.
A. Single-Family Lots. Except as otherwise provided in Government Code Section 66323, no more than one ADU and/or one JADU is permitted on a lot developed or proposed to be developed with a single-family dwelling.
B. Multiple-Family Lots. Multiple -family lots may have multiple detached ADUs, not to exceed the numbers pursuant to subsections B.1 and B.2 and one or more converted ADUs pursuant to subsection B.3.
1. No more than a total of eight detached ADUs may be constructed on a lot developed with an existing multiple -family dwelling structure. However, the number of detached ADUs shall not exceed the number of existing multiple - family units on the lot. If two, or more, detached ADUs are constructed, they do not need to be detached from each other or other accessory structures on the lot.
2. No more than a total of two detached ADU s may be constructed on a lot proposed to be developed with one or more multiple-family dwelling structures.
If two detached ADUs are constructed, they do not need to be detached from each other or other accessory structures on the lot. New detached ADUs m ay be converted from existing detached structures on-site.
3. One or more converted ADUs may be constructed within portions of existing multiple-family dwelling structures that are not used as livable space. No converted ADUs may be constructed within t he existing livable space of a
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multiple-family structure. The number of ADUs permitted under this subsection shall not exceed 25% of the existing multiple -family dwelling units on the lot.
For the purpose of calculating the number of allowable accessory dwelling units:
(a) previously approved ADUs shall not count towards the existing number of multiple-family dwelling units; and (b) fractions shall be rounded down to the next lower number of dwelling unit, except that at least one converted ADU shall be allowed.
§ 9.54.040 ADU Requirements.
A. Development Standards. Except as modified by this section or as otherwise provided by state law, an ADU shall conform to the development standards applicable to the lot on which it is located as set forth in this tit le and/or in an applicable specific plan or planned unit development ordinance or resolution. Pursuant to Sections 9.12.040.030 and 9.18.110.040, lots located in multiple -family residential and mixed -use zoning districts that are improved with single -family residential uses are subject to certain single-family residential development standards. Notwithstanding the foregoing, when the application of a development standard related to floor area ratio, front setbacks, building separation, lot coverage, open-space, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet, such standard shall be waived to the extent necessary to allow construction of an ADU of up to 800 square feet.
B. Unit Size.
1. Minimum Size. An ADU shall be at least the following minimum sizes based on the number of bedrooms provided:
a. Efficiency units: 150 square feet.
b. Studio: 220 square feet.
c. One bedroom: 500 square feet.
d. Two or more bedrooms: 700 square feet.
2. Maximum Size.
a. Attached ADUs. The total floor area of an attached ADU shall not exceed the following:
i. Studio or one bedroom: 850 square feet or 50% of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the s ize of the primary dwelling unit is less than 1,600
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square feet, an attached ADU may have a total floor area of up to 800 square feet.
ii. Two or more bedrooms: 1,200 square feet or 50% of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet.
b. Detached ADUs. The total floor area of a detached ADU shall not exceed the following:
i. Studio or one bedroom: 850 square feet.
ii. Two or more bedrooms: 1,200 square feet.
c. Converted ADUs. The maximum size limitations set forth in this subsection do not apply to converted ADUs that do not increase the existing floor area of a struc ture. In addition, a converted ADU created within an existing accessory structure may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing attached or detached accessory structure to the extent necessary to accommodate ingress and egress.
3. Porches, Patios, and Garages.
a. An attached or detached ADU, including converted ADUs, may include an attached covered patio and/or porch, which, if provided, shall be integrated into the design of the ADU and shall not exceed 80 square feet in size.
b. An attached or detached ADU may include an attached one-car garage, which, if provided, shall not exceed 250 square feet in size inside dimension. The enclosed one -car garage shall maintain a minimum interior pa rking area of 10 feet by 20 feet. No storage cabinets or mechanical equipment, including, but not limited to, water heaters, utility sinks, or washers and dryers, shall encroach into the required parking area.
c. In no event shall the total combined area of an ADU and attached porch, patio, and/or garage exceed 1,530 square feet.
C. Setbacks.
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1. Front Yard Setbacks. New attached and detached ADUs are subject to the same minimum front yard setback requirements applicable to other structures on the lot on which the ADU is located. Notwithstanding the foregoing, a portion of an ADU may be constructed within the required front setback area if, and only to the extent that, application of the minimum front setback requirement would not permit an ADU of up to 8 00 square feet to be constructed on the lot in compliance with all other applicable development standards.
2. Side and Rear Yard Setbacks. Minimum setbacks of no less than four feet from the side and rear lot lines are required for new attached and detach ed ADUs, new expansions to converted ADUs allowed pursuant to subsection B.2.c, and any new one-car garage, porch, and/or patio, allowed for a new ADU pursuant to subsection B.3.
3. Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear yard setbacks of the existing converted structure are sufficient for fire and safety, as dictated by current applicable uniform building and fire codes.
4. Any new ADU garage that opens directly to any street or alley shall observe a setback of not less than 20 feet. When a new ADU garage abuts an alley and the access to the garage is perpendicular to the alley, the garage shall not be constructed closer than 20 feet to the centerline of the alley and shall maintain a minimum setback of five feet from the property line.
D. Building Separation.
1. A minimum separation of six feet is required between a detached ADU and the primary dwelling unit.
2. A minimum separation of six feet is required between attached or detached ADU and all other structures not attached to the ADU, including garages, on the property.
3. Building separation requirements do not apply to converted ADUs that do not include an expansion of the floor area of the existing structure.
E. Height.
1. Detached ADUs.
a. Except as provided below, the height of a detached ADU on a lot with an existing or proposed single -family or multiple -family dwelling unit shall not be more than 16 feet in height.
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b. The height of a detached ADU located on a lot with an existing or proposed multiple -family, multistory dwelling unit shall not exceed eighteen (18) feet.
c. The height of a detached ADU located on a lot with an existing or proposed single-family or multiple-family 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, shall not exceed eighteen (18) feet; provided, however, that up to an additional two (2) feet in height is allowed if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
2. Attached ADUs.
a. The height of an attached ADU shall not exceed twenty -five (25) feet or the height limitation that applies to the primary dwelling, whichever is lower. In no event shall an attached ADU exceed two (2) stories.
3. Converted ADUs are not subject to a height limitation.
4. Measurement. The height of an ADU shall be as measured from ground level to the highest point on the roof.
F. Design.
1. Except as otherwise provided in Government Code Section 66323, and except to the extent necessary to meet current fire and building codes, an attached or detached ADU shall match the architectural details of the primary unit as provided below:
a. The type, pitch, color, material, and texture of the roof and eave details of an attached or detached ADU shall be the same as the primary unit.
b. The color, material, and texture of all building walls, windows, and doors of an attached or detached ADU shall be the same as the primary unit.
2. In order to facilitate the development of ADUs in a manner that ensures reasonable consistency and compatibility of design, the Director is authorized to develop standard design plans and criter ia for ADUs. Notwithstanding the foregoing, ADUs developed in conformance with plans pre -approved by the City, pursuant to Government Code Section 65852.27, shall be deemed to comply with this subsection.
G. Off-Street Parking.
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1. One off-street parking space must be provided for a new attached or detached ADU. The required parking space may be permitted in setback areas, or through tandem parking on a driveway, unless specific findings are made by the Director that parking in setback areas or tandem par king is not feasible based upon specific site or regional topographical or fire and life safety concerns.
2. Parking for a new attached or detached ADU is in addition to the required parking for the primary unit. However, 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, those off-street parking spaces are not required to be replaced.
3. Off-street parking is not required in the following instances:
a. The ADU is located within one-half mile walking distance of public transit, including transit stations and bus stations;
b. The ADU is located within an architecturally and historically significant historic district;
c. The ADU is part of the proposed or existing primary residence or accessory structure (i.e., a converted ADU);
d. When on -street parking permits are required, but not offered to the occupant of the ADU; and/or
e. When there is a car-share vehicle located within one block of the ADU.
H. Exterior Access Required. An attached or converted ADU must have independent exterior access that is separate from the access to the proposed or existing primary dwelling.
I. Passageway. No passageway shall be required in conjunction with the construction of an ADU.
J. Laundry Facilities. An attached or detached ADU, including a converted ADU, shall have a laundry space located within the unit or within a garage accessible from the unit that is equipped with washer and dryer hook-ups.
K. Water Heaters. An attached or detached ADU, including a converted ADU, shall have a separate hot water heater. The location of the water heater shall be incorporated into the design of the unit. No exterior water heater enclosures shall be permitted. Water
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heaters may be substituted with tankless water heaters provided all building codes are complied with.
L. Mechanical Equipment, Metering Devices. All roof and ground mounted mechanical equipment and metering devices shall be completely screened from view from either on or off the property. All ground mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan, and , to the extent possible, be placed outside of the required front setback area. If mechanical equipment or metering devices are to be located between a structure and the property line, an unobstructed path at least three feet wide shall be provided between the equipment and the property line.
M. Refuse Storage Areas. All properties shall provide each unit with the appropriate number of containers for recyclables, organics, and non-recyclable solid waste ("trash containers") as required by the Garden Grove Sanitary District, and shall comply with the following:
1. Trash containers shall be stored within designated storage areas only and not within the garage parking area.
2. The placement of trash containers for pick-up, and the duration of time prior to and after trash collection of those trash containers, is subject to the Garden Grove Sanitary District requirements.
3. The area required for each container shall be a minimum of 38 inches by 38 inches.
4. The trash areas shall be paved and accessed by gates and a walkway for ease of taking trash containers to and from the street.
§ 9.54.050 JADU Requirements.
A. Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family dwelling, including an existing attached garage.
B. Unit Size. A JADU shall not exceed 500 square feet in size.
C. Separate Entrance. A JADU must include a separate entrance from the main entrance of the proposed or existing single-family residence in which it is located.
D. Kitchen Requirements. A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
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E. Bathroom Facilities. A JADU may include sep arate sanitation facilities or may share sanitation facilities with the proposed or existing single -family dwelling in which it is located. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling’s main living area, or direct access to a shared sanitation facility.
F. Parking. No additional off -street parking is required for a JADU beyond that required at the time the existing primary dwelling was constructed.
G. Fire Protection. For p urposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit.
H. Utility Service. For 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.
I. Deed Restriction. Prior to the issuance of a building permit for a JADU, the owner of record of the property shall record a deed restriction against the title of the property in the County Recorder's office with a copy filed with the Director. The deed res triction shall run with the land and shall bind all future owners, heirs, successors, or assigns.
The form of the deed restriction shall be provided by the City and shall provide that:
1. The property shall include no more than one JADU and/or ADU.
2. The JADU may not be sold, mortgaged, or transferred separately from the primary residence.
3. An owner of record of the lot upon which a JADU is located shall occupy either the JADU or the remaining portion of the primary single -family dwelling as his/her/their principal residence. In the event owner occupancy of the property ceases, the JADU shall automatically become unhabitable space, shall not be used as a separate dwelling unit, and shall not be separately rented or leased for any purpose. Owner occupa ncy is not required if the owner is another governmental agency, a land trust, or a housing organization.
4. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
5. The deed restriction may not be modified or terminated without the prior written consent of the Director.
§ 9.54.060 Other Requirements.
A. No Separate Conveyance. Except as otherwise provided in Government Code Section 66341 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the
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primary residence, and a lot shall not be subdivided in any manner which would authorize such separate sale or ownership.
B. No Short-Term Rental Permitted. An ADU or JADU that is rented shall be rented for a term that is 30 days or longer. Short-term rental (i.e., less than 30 days) of an ADU or a JADU is prohibited.
C. Owner Occupancy Requirements.
1. ADUs. Owner occupancy of a primary dwelling or ADU is not required.
2. JADUs. An owner of record of the lot upon which a JADU is located must occupy either the JADU or the remaining portion of the primary single -family dwelling as his/her/their principal residence. Notwithstanding the foregoing, owner - occupancy is not required if the owner is another governmental agency, land trust, or housing organization.
§ 9.54.070 Permit Application and Review Procedures.
A. Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this chapter or by state law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. However, fire sprinklers shall not be required if they are not required for the primary dwelling, and the construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in an existing primary dwelling.
B. Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.
C. Review.
1. The Director shall consider and approve or disapprove a complete application for an ADU or JADU ministerially without discretionary review or public hearing within 60 days from the date the City receives a complete application. The Director shall consider and approve or disapprove an application for a detached ADU within 30 days that utilizes either an ADU plan pre -approved by the City within the current triennial California Building Standards Code rule -making cycle, or a plan that is identical to a plan used i n an application for a detached ADU approved by the City within the current triennial California Building Standards Code rule-making cycle.
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2. Review is limited to whether the proposed ADU or JADU complies with the requirements of this chapter.
3. If an applicant requests a delay, the time period for the City to review of an application shall be tolled for the period of the requested delay.
4. If the application to create an ADU or a JADU unit is submitted with an application to create or serve a new single-family or multiple-family dwelling on the lot, the Director may delay approving or disapproving the application for the ADU or the JADU until the City approves or disapproves the application to create or serve the new single -family or multiple -family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
D. Zoning Conformity. The City shall not require the correction of nonconforming zoning conditions, building co de violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU as a condition of approval of a permit application for the creation of an ADU or JADU.
E. Conformity with State Law. The City shall not apply any requirement or development standard provided for in this chapter to an ADU or a JADU to the extent prohibited by any provision of state law, including, but not limited to, Government Code Section 66323.
§ 9.54.080 Utilities.
A. ADUs. Unless otherwise mandated by applicable law or the utility provider or determined by the City's Public Works Director to be necessary, an ADU may be served by the same water, sewer, and other utility connections serving the pri mary dwelling on the property, and the installation of a new or separate utility connection directly between an ADU and a utility is not required. However, separate utility connections and meters for ADUs may be installed at the property owner's option, when permitted by the utility provider, and subject to the payment of all applicable fees.
B. JADUs. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single -family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU.
§ 9.54.090 Impact Fees.
A. Construction of an ADU is subject to applicable development impact fees adopted by the City pursuant to California Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
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B. No impact fee as required by this Code is required for an ADU that is less than 750 square feet in size.
C. Any impact fee that is required for an ADU that is 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling.
D. For purposes of this section, "impact fee" does not include any connection fee, capacity charge for water or sewer service, planning application fee, plan check fee, or building permit fee.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any 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 adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words, or portions thereof be declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect on the date that is thirty (30) days after adoption.