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EXHIBIT B
ORDINANCE NO. 2026-623
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HAWAIIAN GARDENS AMENDING SECTION 18.90.080 OF
THE HAWAIIAN GARDENS MUNICIPAL CODE RELATING
TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND FINDING THE
ACTION TO BE STATUTORILY EXEMPT FROM CEQA
UNDER PUBLIC RESOURCES CODE § 21080.17
WHEREAS, the City of Hawaiian Gardens, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, the City’s regulations governing the creation of ADUs and JADUs are provided in section 18.90.080 of the Hawaiian Gardens Municipal Code (“HGMC”). The City most recently updated this section in December 2024 to comply with then recent changes in state law; and
WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and
WHEREAS, new updates to state ADU law take effect on January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, on December 17, 2025 the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on January 28, 2026 the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
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WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Hawaiian Gardens does ordain as follows:
SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).
SECTION 4. Code Amendment. Section 18.90.080 of the Hawaiian Gardens Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.
SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.
SECTION 6. HCD Submittal. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 21815 Pioneer Boulevard, Hawaiian Gardens, CA 90716.
SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Hawaiian Gardens California, at a regular meeting of the City Council held on the __th day of ____, 2026 by the following vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
________________________________
City Attorney
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EXHIBIT A
Amended ADU Regulations
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