20230606_PH1_Zoning Provisions — Laguna Niguel City Council, June 6, 2023

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: June 6, 2023
SUBJECT: A Public Hearing to Consider Zoning Code Amendment ZCA 23-01 Introducing an Ordinance Amending Zoning Provisions Pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in Conformance with State Law

RECOMMENDATION
That the City Council open the public hearing, take public testimony, close the public hearing, and then take the following actions:

A. Waive full reading, make any amendments to, and introduce Ordinance No. 2023- 223 by title:

ORDINANCE NO. 2023-223

AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT ZCA 23-01 AMENDING THE LAGUNA

NIGUEL MUNICIPAL CODE ZONING CODE PROVISIONS PERTAINING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING

UNITS TO CONFORM WITH REVISIONS TO STATE LAW, AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA
B. Direct that the proposed ordinance, with any changes, be placed on the agenda for the June 20, 2023, City Council Meeting and adopt the ordinance at that meeting.

BACKGROUND & ANALYSIS
At the October 2, 2018 City Council meeting, the City Council initiated a Zoning Code Amendment to update and clarify various requirements of the Laguna Niguel Zoning Code (LNZC), Title 9 of the Laguna Niguel Municipal Code (LNMC). This action was intended to ensure City requirements are accurate, relevant, and compliant with state law. Given the considerable scope of the potential changes, this was envisioned as a multi-phase effort over several years.

To date, the City Council has adopted three LNZC clean-ups/updates as a part of this effort, including Zoning Code Amendment (ZCA) 21-02, amended zoning provisions to allow for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) in conformance with revisions to state law, including Assembly Bill 3182 (AB 3182) and Assembly Bill 345 (AB 345).

HCD ADU Comment Letter
On August 10, 2021, following the adoption of ZCA 21-02, in accordance with state law, the City submitted the newly adopted ordinance to the California Department of Housing and Community Development (HCD) for compliance review with current legislation.

On November 4, 2022, the City received a comment letter from HCD staff (Attachment A). The letter indicated that the City's adopted ordinance met many statutory requirements, but did not fully comply with state law, in their opinion, and identified necessary modifications. In most cases, HCD sought additional clarification language in the City's ordinance as well as three more substantive modifications as follows:
• For multi-family developments, state law permits additional ADUs from converted space and up to two detached ADUs; the LNZC allows for one or the other, but not both.
• State law exempts ADU parking requirements for areas that require on-street parking permits; the LNZC does not include this exemption. • State Law permits ADUs to be the same size as an efficiency unit per the Health and Safety Code, which is a minimum of 150 square feet; the qualifying size in the LNZC is a minimum of 220 square feet.
2023 ADU Law Update (SB 897)
On September 28, 2022, following City adoption of ZCA 21-02, the state legislature approved Senate Bill 897 (SB 897) that further amends state law applicable to ADUs and JADUs. SB 897 notably included the following:
• Requires the City to allow for certain ADUs to be taller than 16 feet in height, up to 18 feet for a detached unit or 25 feet for an attached unit, depending on the situation.
• Requires accommodations for front setback standards to yield for ADUs constructed in the same location and to the dimensions as an existing structure or if the front yard is the only location where an ADU may be lawfully constructed. • Requires the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them. • Prohibits the City from denying an application to create an ADU solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU.
• In instances where a JADU will share a bathroom with the primary dwelling, the City must require the JADU to have an interior entry to the primary dwelling's "main living area," independent of the exterior entrances of the JADU and primary dwelling.

ZCA 23-01 (Zoning Code Update)
City staff has drafted updates to the LNZC zoning provisions for ADUs and JADUs to comply with both HCD's comments and recent changes in state law. The proposed code changes are included in Exhibit 1 of Attachment B (strikethrough text = text to be removed, underline text = new text reflecting HCD letter modifications and revisions per SB 897). For a summary matrix of the recommended modifications by HCD and how they are proposed to be addressed please refer to Attachment C. Also notable, the City's recently adopted Housing Element Update included an action item (Action No. 3.5) requiring the City to amend the existing zoning standards for ADUs and JADUs to be in compliance with SB 897.

On May 9, 2023, the Planning Commission, as an advisory body to the City Council, held a publicly noticed hearing to consider ZCA 23-01 and unanimously recommended approval of the proposed ordinance. No public comment was received leading up to or at the Planning Commission hearing. The Planning Commission adopted resolution and staff report are included as Attachment D for reference.

ALTERNATIVES CONSIDERED
The City Council may decide not to introduce the proposed ordinance and the existing LNZC provisions would remain unchanged, which would not be consistent with current state law. The City Council may also decide to direct staff to return with a revised ordinance to be presented at a future City Council meeting.

FISCAL REVIEW
There is no fiscal impact as a result of the adoption of Ordinance No. 2023-223.

LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report and corresponding Ordinance as to form and content.

CONCLUSION
City staff recommends that the City Council open the public hearing, take public testimony, close the public hearing, and then take the following actions:

A. Waive full reading, make any amendments to, and introduce Ordinance No. 2023- 223 by title:

ORDINANCE NO. 2023-223

AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT ZCA 23-01 AMENDING THE LAGUNA

NIGUEL MUNICIPAL CODE ZONING CODE PROVISIONS PERTAINING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING

UNITS TO CONFORM WITH REVISIONS TO STATE LAW, AND MAKING A

Samara SEptormean. LacE Anita
Tamara S. Letourneau Scott Smith
City Manager City Attorney
rather Glen
Jonathan Orduna John Morgan
Community Development Director Development Services Manager Erica Roess
Erica Roess Amber Gregg
Senior Planner Contract Planner
Attachments:

A. HCD ADU Comment Letter, November 4, 2022
B. Ordinance No. 2023-223
Exhibit 1 - Underline and Strikeout Zoning Code Amendment Text C. Matrix Summary of Proposed Zoning Code Amendments
D. May 9, 2023, Planning Commission Resolution No. 23-05 and Staff Report (w/o Attachments)

ATTACHMENT A
HCD ADU Comment Letter, November 4, 2022
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
November 4, 2022
Jonathan Orduna
Community Development Director
City of Laguna Nigel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Dear Jonathan Orduna:

RE: Review of Laguna Niguel's Accessory Dwelling Unit (ADU) Ordinance under ADU Law (Gov. Code, § 65852.2)
Thank you for submitting the City of Laguna Niguel (City) accessory dwelling unit (ADU) Ordinance No. 2021-211 (Ordinance), adopted August 3, 2021, to the California Department of Housing and Community Development (HCD). The Ordinance was received on August 18, 2021. 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 December 4, 2022.

The Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law in the following respects:
• Section 9-1-35.26 (d)(1) - Zoning - The Ordinance states that "ADUs shall be allowed in all single-family and multifamily zoning districts and that this does not include mixed-use zoning districts, except for those ADUs approved per Government Code section 65852.2, subdivision (e)." (Emphasis added.) However, Government Code section 65852.2, subdivision (a), permits ADUs in all areas zoned to allow single-family and multifamily. Hence, ADUs may be allowed in zones, such as agricultural, commercial, or mixed-use zones wherever residential uses are allowed. Therefore, the City should remove the exclusion for ADUs in mixed-use zones that allow single-family and multifamily development and add clarifying language to allow ADUs permitted under Government Code section 65852.2, subdivision (a), wherever single-family or multifamily residential is permitted, including mixed-use zones.
• Sections 9-1-35.26 (d)(2) and (d)(14)(a) - Sale and Rental of Units and Deed Restriction - The Ordinance states in both places that an ADU shall not be sold Jonathan Orduna, Community Development Director

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separately from the primary dwelling. However, Government Code section 65852.26 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 non-profit corporation, among other things. The City must revise the Ordinance to allow for such an exception.
• Section 9-1-35.26 (d)(3)(a) and Section 9-1-35.27 (c)(4) - Omitted Conversions - The Ordinance states that 'in single family zoning districts, an applicant shall be allowed to construct one (1) detached or attached ADU per lot." In the section governing JADUs, it also states "...in addition to the one (1) JADU allowed in this section, an applicant may also construct one (1) attached or detached ADU...." However, in only mentioning attached or detached categories, the City has omitted converted units, which may be neither attached nor detached, but are created within the proposed or existing primary dwelling, per Government Code section 65852.2, subdivision (e). Therefore, the City must add language allowing for converted units to these sections.
• Section 9-1-35.26 (d)(3)(b)(3) - Combination with Multifamily - The Ordinance states that for a multifamily building, an applicant may create converted units in non-livable space or build new construction detached units, but not both.

However, the most recent HCD ADU handbook states on page 20 that "local governments must allow" the combination of such unit types. Therefore, the City must delete this section.
• Sections 9-1-35.26 (d)(3)(b)(2) - New Construction ADUs on Multifamily Lots - The Ordinance limits or appears to limit new construction ADUs to single-family dwellings and does not contemplate or authorize ADUs within a proposed or new construction multifamily dwelling, only with "existing multi-family" dwellings. This conflicts with Government Code section 65852.2, subdivision (a)(1)(D)(iii), which allows an ADU to be created with a "proposed or existing primary dwelling structure." The "primary dwelling structure" refers to both a single-family and a multifamily dwelling. Therefore, the City must expand the definitions to account for the omission.
• Section 9-1-35.26 (d)(3)(b)(3) - Number of Units Allowed in Multifamily Zoning Districts - The Ordinance states that an applicant for a building permit may seek ADUs under subparagraph (1) [units created in converted non-livable space] or subparagraph (2) ["no more than two (2) detached"] but not under both (1) and (2). However, pursuant to Government Code section 65852.2, subdivisions (e)(1)(C) and (D), the City must allow ADUs under (1) and (2) together. • Section 9-1-35.26 (d)(8) - Parking Requirements - The Ordinance includes parking mandates in excess of those permitted in State ADU Law. The Ordinance excepts additional parking space requirements for converted ADUs, Jonathan Orduna, Community Development Director

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ADUs within a half-mile walk to public transit, and when a garage is demolished; however, the Ordinance omits three more required exceptions as noted in Government Code section 65852.2, subdivision (d). These are related to historic sites (Gov. Code, § 65852.2, subd. (d)(2)), on-street parking permits (Gov. Code, § 65852.2, subd. (d)(4)), and car shares (Gov. Code, § 65852.2, subd. (d)(5)).

The City must add these sections to comply with State ADU Law. • Section 9-1-35.26 (d)(12)(b) - Local Standards - The Ordinance states that for conversions of "Existing Space in a Single-Family Dwelling," a "legally constructed space within an existing single-family home that does not meet the minimum setbacks requirements of Subsection (6) may be converted to an ADU, subject to the approval of a building permit and compliance with this section." This appears to contain a typographical error in that it references setback requirements in "Subdivision (6)" rather than "Subdivision (4)," where setback standards are contained.
• Section 9-1-35.26 (d)(15)(a) - Areas Designated for ADUs - The Ordinance states that ADUs shall not be allowed where "roadways, public utilities or services" are inadequate. However, Government Code section 65852.2, subdivision (a) (1)(A), states "the designation of areas [where ADUs are permitted] may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety." The City has not, by Ordinance, designated the areas where ADUs are not allowed. Any designation of an area where ADUs are not permitted may not be made on an ad-hoc basis, but rather must be designated and supported by the City's findings. "Roadways, public utilities or public services" are not a basis in statute for the designation of areas that restrict ADUs. Lastly, ADUs built under Government Code section 65852.2, subdivision (e), are not subject to local development standards or location constraints. The City must either remove Section 9-1-35.26 (d)(15)(a) or provide a designation supported by findings. • Section 9-1-35.26 (d)(17) - Separate Sale - The Ordinance states that "No ADU shall be created for sale or financing pursuant to any condominium plan, community apartment plan, housing cooperative or subdivision map." However, the building or development of an ADU for separate sale from the primary dwelling unit is permissible pursuant to Government Code section 65852.26, subdivision (a)(1). The section creates a narrow exception to allow separate conveyance with the involvement of qualified nonprofit housing organizations.

The Ordinance should be modified to allow for the development and separate conveyance of ADUs meeting the requirements of this subdivision. • Section 9-1-35.27(c)(4) and 9-1-35.27(c)(5)(b) - Attached Garage - The Ordinance states that "a JADU must be contained within the habitable walls of an existing or proposed single-family dwelling." The term "habitable walls" may Jonathan Orduna, Community Development Director

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conflict with state statute. Under Government Code section 65852.22, subdivision (a)(4), JADUs are permitted "within the walls of the proposed or existing single-family residence." A single-family residence includes an attached garage as stated in the ADU Handbook of July 2022 on page 24. Moreover, Senate Bill 897, which will become effective January 1, 2023, specifies that enclosed uses, such as attached garages, are considered part of the proposed or existing single-family residence. The City should add language to clarify this point.
• Section 9-1-142 - Definition of Terms - The Ordinance defines "Efficiency Unit" as a dwelling which has a minimum floor area of 220 square teet. However, Government Code section 65852.2, subdivision (c)(2)(A), allows for the creation of efficiency units. Government Code section 65852.2, subdivision (i)(3), defines efficiency units as having the same meaning as section 17958.1 of the Health and Safety Code, which provides "a minimum floor area of 150 square feet....

The City must change the minimum floor area to comply with State ADU Law.

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 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,
David Zisser
Assistant Deputy Director
Local Government Relations and Accountability

ATTACHMENT B
Ordinance No. 2023-223
ORDINANCE NO. 2023-223

AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT ZCA 23-01 AMENDING THE LAGUNA

NIGUEL MUNICIPAL CODE ZONING CODE PROVISIONS PERTAINING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

TO CONFORM WITH REVISIONS TO STATE LAW, AND MAKING A

DETERMINATION OF EXEMPTION UNDER CEQA
The City Council of the City of Laguna Niguel does hereby ordain as follows:

SECTION 1. FINDINGS.

The City Council makes the following findings in connection with the adoption of this Ordinance.

1. At the October 2, 2018 City Council meeting, the City Council initiated a Zoning Code Amendment to update and clarify various requirements of the Laguna Niguel Zoning Code (LNZC), Title 9 of the Laguna Niguel Municipal Code (LNMC). This action was intended to ensure City requirements are accurate, relevant, and compliant with state law. Given the considerable scope of the potential changes, this was envisioned as a multi-phase effort over several years.

2. On August 3, 2021, the City Council adopted Zoning Code Amendment (ZCA) 21- 02 rescinding provisions relating to second dwelling units in the LNZC, replacing them with development standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) consistent with state law.

3. On August 10, 2021, following the adoption of ZCA 21-02, in accordance with state law, the City submitted the newly adopted ordinance to the California Department of Housing and Community Development (HCD) for compliance review with current legislation.

4. On November 4, 2022, the City received a comment letter from HCD stating the adopted ordinance addresses many statutory requirements but did not fully comply with state law, in their opinion, and identified necessary modifications.

5. On January 1, 2023, state law enacted additional regulations for ADUs and JADUs to further address the state's housing crisis.

6. ZCA 23-01 will update LNZC provisions for ADUs and JADUs to address both the November 4, 2022, HCD letter, and recent changes in state law.

On May 9, 2023, the Planning Commission held a duly noticed public hearing on ZCA 23-01 to amend the LNZC (LNMC Title 9) and considered all evidence presented by City staff and other interested parties and made a recommendation to the City Council as fully set forth in Planning Commission Resolution No. 23-05.

8. In accordance with Government Code Section 65091(a)(4) for projects affecting over 1,000 property owners, a one-eighth (1/8") page notice of the public hearing describing the project, date, time and location of the hearing was advertised in the Orange County Register - Laguna Niguel News at least 10 days prior to the hearing date. A notice was also posted at City Hall and was made available on the City's website.

State law requires that the City deem ADUs to be "a residential use that is consistent with the existing general plan and zoning designation" (Government Code Section 65852.2(a)(1)(C)).

10. The City Council finds that the zoning amendment is consistent with the goals, objectives, and policies of the general plan. ZCA 23-01 is consistent with General Plan, Policy 1.1, "encourage the development of land uses that contribute to the goal of a well-balanced community," in that the proposed amendments are composed of updates to zoning provisions that would benefit from additional clarity or refined regulations, and revisions to be consistent with current State law, which requires that the City deem ADU's to be "a residential use that is consistent with the existing general plan and zoning designation" (Government Code Section 65852.2(a)(1)(C)).

11. The City Council finds that the proposed zoning amendment will not adversely affect the public health, safety, and general welfare.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Based on the whole record before it, the City Council finds that ZCA 23-01 is statutorily exempt from the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines under Public Resources Code section 21080.17 and CEQA Guidelines Section 15282(h), which provide that the adoption of an ordinance regarding ADUs by a city significantly affect the environment. The proposed amendment does not significantly increase the potential (in manner or degree) for future development, beyond what is currently permitted by the LNZC. Therefore, the project would not result in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 3. Section 9-1-35.26 (Accessory Dwelling Unit (ADU)) of Article 2 (Comprehensive Zoning Code) of Division 1 (Planning) of Title 9 (Planning and Zoning) of the Laguna Niguel Municipal Code is amended to read in its entirety as follows:
"Section 9-1-35.26. Accessory Dwelling Unit (ADU).
(a) Purpose. This section provides standards and criteria for the establishment of ADUs within residential districts consistent with California Government Code Section 65852.2 and shall be so construed.
(b) Permit Required. ADUs consistent with this section shall be reviewed ministerially in compliance with Government Code Section 65852.2, and shall require a building permit.
(c) Limitations. Improvements (including, but not limited to garages, retaining walls, etc.) that are not necessary for the physical construction of an ADU may be subject to a discretionary permit and/or public hearing, if required by Title 9 of the Municipal Code.
(d) Development Standards. The development standards set forth below shall apply to all ADUs. In addition, for any development standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State Law.
(1) Zoning. ADUs shall be allowed in all zoning districts that permit residential uses on lots that include a proposed or existing dwelling. The ADU shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages in accordance with Government Code Section 65852.2(a)(1). Nothing in this section shall allow for the conversion of commercial or non-residential space in a mixed-use building. (2) Sale and Rental of Units. Except as required in Government Code Section 65852.26, an ADU shall not be sold separately from the primary dwelling unit, and shall not be rented for a period of less than thirty (30) consecutive days, short-term rentals are not permitted.
(3) Number of Units Allowed.
a. Single Family Residential Zoning Districts. In single-family residential zoning districts, an applicant shall be allowed to construct one (1) detached or attached ADU per lot, or convert existing space into one (1) ADU. In addition to the one (1) ADU allowed in this Section, an applicant may also construct one (1) Junior Accessory Dwelling Unit (JADU) so long as it complies with Section 9-1-35.27.
b. Multi-Family Zoning Districts.

1. Converted Multi-Family. One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with California Building Code Standards for dwellings. At least one converted ADU is allowed within an existing multi-family dwelling structure, up to a quantity equal to 25 percent of the existing multi-family dwelling units within the existing structure.

2. Limited Detached ADUs on a Multi-Family Lot. No more than two (2) detached ADUs are permitted on a lot that has an existing or proposed multi-family dwelling.
(4) Setbacks.
a. Attached or detached ADUs shall comply with the front yard setback requirement for the underlying zone. Exception: If a front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may encroach into a required front yard setback as necessary to enable the construction of an 800 square foot unit.
b. Attached or detached ADUs shall have a minimum four (4) foot side and rear yard setback. Exception: No setback shall be required for the conversion of an existing permitted living area, accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. c. Setbacks from slopes. Lots that have slopes that are 2:1 or steeper and over ten feet in height, shall setback structures in compliance with Section 9-1-33.6, Setbacks from Slopes.
(5) Height.
a. Except as otherwise provided by subsections (5)(b) or (5)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half 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, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower Notwithstanding the foregoing, ADUs subject to this subsection (5)(d) may not exceed two stories.
(6) Unit Size. The maximum size of an attached or detached ADU shall be limited to 850 square feet for units with zero to one bedrooms, and 1,000 square feet for units with two or more bedrooms. Notwithstanding the foregoing, in no event shall the square footage of an attached ADU exceed fifty percent (50%) of the habitable area of the existing primary residence or 800 square feet, whichever is less restrictive.
(7) Lot Coverage and Floor Area Ratio (FAR). All ADUs shall be subject to the applicable lot coverage and FAR requirements of the underlying zoning district, unless the application of such requirements would prevent the development of an ADU that is a minimum of 800 square feet in size, meets applicable height requirements per subsection (d) (4) of this section, and meets the four-foot side and rear yard setbacks.
(8) Parking.
a. A maximum of one (1) parking space shall be required for each accessory dwelling unit. Exceptions, no additional parking shall be required for the following:

1. ADUs converted as part of a proposed or existing space of a principal residence or within an existing accessory
structure.

2. ADUs located within one-half mile walking distance of public transit.

3. When a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU at the same location, or converted to an ADU, those off- street parking spaces are not required to be replaced.

4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
b. When a parking space is required for an ADU, the parking may be provided as tandem parking and/or located on an existing driveway that is at a minimum 20 feet in length.
(9) Access. All ADUs are required to have separate exterior access from the primary residence.
(10) Fire Sprinklers. Fire sprinklers shall not be required for any attached or detached ADU, unless required for the primary residence. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(11) Building Separation. An attached or detached ADU shall be subject to the building separation requirements of the Fire Safety and California Building Code requirements.
(12) Conversions on Single-Family Lots.
a. Legally Existing Structures. Legally existing detached accessory structures which do not meet the minimum setbacks requirements of subsection (6), may be converted to an ADU, subject to the approval of a building permit and compliance with Fire Safety/Building Code (California Government Code 65852.2(e)(1)(A)). Pursuant to state law, an applicant may expand the accessory structure by 150 feet beyond the physical dimensions of the existing accessory structure for the sole purpose of accommodating ingress and egress. b. Existing Space in a Single-Family Dwelling. Legally constructed space within an existing single-family home that does not meet the minimum setbacks requirements of Subsection (4), may be converted to an ADU, subject to the approval of a building permit and compliance with this section, the Fire Safety/Building Code, and California Government Code 65852.2(e)(1)(A).
(13) Other Provisions.
a. All ADUs shall contain the necessary interior amenities, including an efficiency kitchen which shall include the following, subject to California Building Code requirements:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the accessory dwelling unit.
b. All ADUs must meet the requirements of the California Building/Residential Code, as adopted and amended by Title 8 of the City of Laguna Niguel Municipal Code.
(14) Deed Restriction. Prior to the issuance of a Certificate of Occupancy for the ADU, the property owner shall record a deed restriction prepared by the City on the subject lot placing the following restrictions on the property, the property owner, and all successors in interest:
a. Except as provided in Government Code Section 65852.26, the ADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented.
b. The ADU shall not be used for short-term rentals, and shall be rented for a period of thirty (30) consecutive days or longer. c. If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record.
d. The property owner and all successors in interest shall maintain the ADU and the property in accordance with all applicable ADU requirements and standards.
(15) Services, impact fees and utility connections.
a. ADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services. For an ADU that is not a conversion of an existing space meeting the requirements of Government Code Section 65852.2(e)(1)(A), a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit.
b. The owner of an ADU shall be subject to the payment of all sewer, water, and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:
i. ADUs that are less than 750 square feet shall not be subject to impact fees.

ADUs that are 750 square feet or more shall be charged
impact fees that are proportional in relation to the square footage of the Primary Dwelling unit.
c. The City shall not issue a building permit for an ADU until the applicant provides a will serve letter from the local water and sewer provider.
(16) Fire safety requirements. The construction of all new ADUs shall meet minimum standards for fire safety as defined in the California Building and Fire Codes.
(17) Ownership. Notwithstanding subsection (d)(2) above, no ADU shall be created for sale or financing pursuant to any condominium plan, community apartment plan, housing cooperative or subdivision map. (18) Occupancy. For any ADU permitted before January 1, 2025, ADUs may be rented or owner occupied and there shall not be a requirement that any unit on the lot be owner-occupied. For an ADU permitted after January 1, 2025, however, either the primary dwelling or the ADU shall be owner occupied, unless State law is amended to prohibit such a requirement. (19) Planned Residential Development. In the event that a planned residential development includes standards that would preclude the construction of a ministerial ADU that would otherwise be permitted under this section, the requirements of this section shall apply, and shall supersede the planned development standards as applied to ministerial ADUs within the applicable planned development district.
(20) Rental Terms. No ADU shall be rented for a term that is shorter than thirty- (30) days. This prohibition applies regardless of when the ADU was created.
(21) Nonconforming ADUs and Discretionary Approval. Any proposed ADU that does not conform to the objective standards set forth in subsections (1) through (20) of this section may be allowed by the City pursuant to Alternative Development Standards subject to approval of a Site Development Permit in compliance with the provisions of Section 9-1-114." SECTION 4. Section 9-1-35.27 (Junior Accessory Dwelling Unit (JADU)) of Article 2 (Comprehensive Zoning Code) of Division 1 (Planning) of Title 9 (Planning and Zoning) of the Laguna Niguel Municipal Code is amended to read in its entirety as follows:
"Section 9-1-35.27. Junior Accessory Dwelling Unit (JADU). (a) Purpose. This section provides standards and criteria for the establishment of JADUs within residential districts consistent with California Government Code Section 65852.2 and 65852.22 and shall be so construed. (b) Permit Required. JADUs consistent with this section shall be reviewed ministerially in compliance with Government Code Sections 65852.2 and 65852.22, and shall require a building permit.
(c) Development Standards. The development standards set forth in subsection (c) shall apply to all JADUs.
(1) Zoning. JADUs shall be permitted in Single-Family Residential Zoning Districts.
(2) Sale, Rental and Occupation of Units. The JADU shall not be sold separately from the primary dwelling unit and shall not be rented for a period of less than thirty (30) consecutive days. In addition, either the JADU or the agency, land trust or housing organization.
(3) Deed Restriction. A Deed Restriction prepared by the City shall be recorded on the subject property prior to issuance of building permits stating that the JADU is subject to the requirements of this Section, shall not sold separately from the primary dwelling unit, shall not be rented for less than 30 consecutive days, and that either the JADU or the primary dwelling in which the JADU is located shall be occupied by the property owner at all times. (4) Number of Units Allowed. One (1) JADU shall be allowed to be converted or constructed within the walls of an existing or proposed primary residence.

In addition to the one (1) JADU allowed in this Section, an applicant may also have one ADU so long as it complies with the requirements of Section 9-1-35.26.
(5) Unit Size and Construction.
a. A JADU shall not exceed 500 square feet.
b. A JADU must be contained within the walls of an existing or proposed single-family dwelling. A JADU may be located on the second floor of an existing or proposed single-family dwelling.
c. All JADUs shall contain the necessary interior amenities, including an efficiency kitchen, which shall include the following, subject to California Building Code requirements:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(6) Sanitation facilities. JADUs shall provide sanitation facilities. The JADU can either provide its own separate full bathroom, or it may share sanitation facilities with the primary residence. If the JADU does not include its own separate full bathroom then it shall provide an interior entrance to the primary dwelling and provide clear and unobstructed access to the designated full bathroom.
(7) Access. Exterior access shall be provided for all JADUs separate from the main entrance to the primary residence. For JADUs that share sanitation facilities with the primary residence, the JADU shall have interior access as well.
(8) Parking. No additional parking is required for a JADU. (9) Architectural Compatibility. Any new construction which provides exterior access shall match the style, color, and materials of the primary residential unit.
(10) Fire sprinklers. Fire sprinklers shall be required for a JADU, if they are required for the primary residence.
(11) All JADUs must meet the requirements of the California Building Code, as adopted and amended by Title 8 of the City of Laguna Niguel Municipal (12) Services, impact fees and utility connections. JADUs are not subject to service fees, impact fees, or utility connection fees.
(13) Fire safety requirements. The construction of all new JADUs shall meet minimum standards for fire safety as defined in the California Building and Fire Code.
(14) Planned Residential Development. In the event that a planned residential development includes standards that would preclude the construction of a JADU that would otherwise be permitted under this Section, the requirements of this section shall apply, and shall supersede the planned development standards as applied to JADUs within the applicable planned development district.
(15) Rental Terms. No JADU shall be rented for a term that is shorter than thirty (30) days. This prohibition applies regardless of when the JADU was created.
(16) Nonconforming JADUs and Discretionary Approval. Any proposed JADU that does not conform to the objective standards set forth in subsections (1) through (15) of this section may be allowed by the City pursuant to Alternative Development Standards subject to approval of a Site Development Permit in compliance with the provisions of Section 9-1-114." SECTION 5. Section 9-1-142 (Definition of terms) of Subarticle 14 (Definitions) of Article 2 (Comprehensive Zoning Code) of Division 1 (Planning) of Title 9 (Planning and Zoning) of the Laguna Niguel Municipal Code is amended to modify the following definition to read as follows:
"Efficiency unit means a dwelling for occupancy by no more than two persons which has a minimum floor area of 150 square feet, and which may also have partial kitchen or bathroom facilities. Efficiency unit has the same meaning as defined in Section 17958.1 of the Health and Safety Code."
SECTION 6. SAVINGS CLAUSE
Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.

SECTION 7. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, 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, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 8. EFFECTIVE DATE
This Ordinance shall take effect and be in full force and operation thirty (30) days after its final passage and adoption.

SECTION 9. CITY CLERK'S CERTIFICATION
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

SECTION 10. SUBMITTAL TO HCD
The City Council hereby directs the Community Development Director to submit a copy of the Ordinance to the California Department of Housing and Community Development (HCD) within 60 days of its adoption in accordance with Government Code Section 65852.2.

INTRODUCED for the first reading on the 6" day of June, 2023.

Kelly Jennings, Mayor
ATTEST:

Marissa Asistin, City Clerk
Exhibit:

1. Proposed and Stricken Zoning Code Amendment Text

CERTIFICATION

STATE OF CALIFORNIA
Iss

COUNTY OF ORANGE

LAGUNA NIGUEL )
1, Marissa Asistin, City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is Ordinance No. 2023-223 which was introduced at a regular meeting of the City Council of the City of Laguna Niguel, California, held on June 6, 2023 by the AYES:

NOES:

ABSTENTIONS:

ABSENT:

Marissa Asistin, City Clerk
EXHIBIT 1
Underline and Strikeout Zoning Code Amendment
Text
City of Laguna Niguel Zoning Code
ADU Update Text Amendment
KEY:

Normal Text = Existing unmodified language
Strikethrough Text = Proposed language to be removed
Underline Text = proposed language to be added
Blue Text = Reflects state law and clarification updates Red Text = Reflects HCD letter modifications
"Section 9-1-35.26. Accessory Dwelling Unit (ADU).
(a) Purpose. This section provides standards and criteria for the establishment of ADUs within residential districts consistent with California Government Code Section 65852.2 and shall be so construed.
(b) Permit Required. ADUs consistent with this section shall be reviewed ministerially in compliance with Government Code Section 65852.2, and shall require a building permit.
(c) Limitations. Improvements (including, but not limited to garages, retaining walls, etc.) that are not necessary for the physical construction of an ADU may be subject to a discretionary permit and/or public hearing, if required by Title 9 of the Municipal Code.
(d) Development Standards. The development standards set forth below shall apply to all ADUs. In addition, for any development standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State Law.
(1) Zoning. ADUs shall be allowed in all single family and multi family zoning districts that permit residential uses on lots that include a proposed or existing dwelling. The ADU shall be either attached to, or located within. the proposed or existing primary dwelling, including attached garages. storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages; this does not include mixed use zoning districts, except for those ADUs that must be approved in accordance with Government Code Section 65852.2(a)(1). Nothing in this section shall allow for the conversion of commercial or non-residential space in a mixed-use building. (2) Sale and Rental of Units. Except as required in Government Code Section 65852.26, an ADU shall not be sold separately from the primary dwelling ADU Ordinance Update Page 2
unit, and shall not be rented for a period of less than thirty (30) consecutive days, short-term rentals are not permitted.
(3) Number of Units Allowed.
a. Single Family Residential Zoning Districts. In single-family residential zoning districts, an applicant shall be allowed to construct one (1) detached or attached ADU per lot, or convert existing space into one (1) ADU. In addition to the one (1) attached or detached ADU allowed in this Section, an applicant may also construct one (1) Junior Accessory Dwelling Unit (JADU) so long as it complies with Section 9-1-35.27.
b. Multi-Family Zoning Districts.

2. Limited Detached ADUs on a Multi-Family Lot. No more than two (2) detached ADUs are permitted on a lot that has an existing or proposed multi-family dwelling.

3. An applicant for a building permit may seek ADUs under subparagraphs (1) or (2) but not under both (1) and (2). (4) Setbacks.
a. Attached or detached ADUs shall comply with the front yard setback requirement for the underlying zone. Exception: If a front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may encroach into a required front yard setback as necessary to enable the construction of an 800 square foot unit.
b. Attached or detached ADUs shall have a minimum four (4) foot side and rear yard setback. Exception: No setback shall be required for the conversion of an existing permitted living area, accessory structure, or a structure constructed in the same location and to the ADU Ordinance Update Page 3
same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. c. Setbacks from slopes. Lots that have slopes that are 2:1 or steeper and over ten feet in height, shall setback structures in compliance with Section 9-1-33.6, Setbacks from Slopes.
(5) Height. All ADUs shall be allowed to be a maximum of sixteen (16) feet in height.
a. Except as otherwise provided by subsections (5) b) or (5) c) below. a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half 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, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

Notwithstanding the foregoing, ADUs subject to this subsection (5)(d) may not exceed two stories.
(6) Unit Size. The maximum size of an attached or detached ADU shall be limited to 850 square feet for units with zero to one bedrooms, and 1,000 square feet for units with two or more bedrooms. Notwithstanding the foregoing, in no event shall the square footage of an attached ADU exceed fifty percent (50%) of the habitable area of the existing primary residence or 800 square feet, whichever is less restrictive.
(7) Lot Coverage and Floor Area Ratio (FAR). All ADUs shall be subject to the applicable lot coverage and FAR requirements of the underlying zoning district, unless the application of such requirements would prevent the development of an ADU that is a minimum of 800 square feet in size, fo taller than 16 feet in height meets applicable height requirements per ADU Ordinance Update Page 4
subsection (d) (4) of this section, and meets the four-foot side and rear yard setbacks.
(8) Parking.
a. A maximum of one (1) parking space shall be required for each accessory dwelling unit. Exceptions, no additional parking shall be required for the following:

1. ADUs converted as part of a proposed or existing space of a principal residence or within an existing accessory
structure.

2. ADUs located within one-half mile walking distance of public transit.

3. When a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADL at the same location, or converted to an ADU, those off street parking spaces are not required to be replaced.

4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
. When a parking space is required for an ADU, the parking may b rovided as tandem parking and/or located on an existing drivewa that is at a minimum 20 feet in length.
(9) Access. All ADUs are required to have separate exterior access from the primary residence.
(10) Fire Sprinklers. Fire sprinklers shall not be required for any attached or detached ADU, unless required for the primary residence. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(11) Building Separation. An attached or detached ADU shall be subject to the building separation requirements of the Fire Safety and California Building Code requirements.
(12) Conversions on Single-Family Lots.
a. Legally Existing Structures. Legally existing detached accessory structures which do not meet the minimum setbacks requirements of subsection (6), may be converted to an ADU, subject to the approval ADU Ordinance Update Page 5
of a building permit and compliance with Fire Satety/Building Code (California Government Code 65852.2(e)(1)(A)). Pursuant to state aw, an applicant may expand the accessory structure by 150 tee beyond the physical dimensions of the existing accessory structur for the sole purpose of accommodating ingress and egress. b. Existing Space in a Single-Family Dwelling. Legally constructed space within an existing single-family home that does not meet the minimum setbacks requirements of Subsection (64), may be converted to an ADU, subject to the approval of a building permit and compliance with this section, the Fire Safety/Building Code, and California Government Code 65852.2(e)(1)(A).
(13) Other Provisions.
a. All ADUs shall contain the necessary interior amenities, including an efficiency kitchen which shall include the following, subject to California Building Code requirements:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size ot the accessory dwelling unit.
b. All ADUs must meet the requirements of the California Building/Residential Code, as adopted and amended by Title 8 of the City of Laguna Niguel Municipal Code.
(14) Deed Restriction. Prior to the issuance of a Certificate of Occupancy for the ADU, the property owner shall record a deed restriction prepared by the City on the subject lot placing the following restrictions on the property, the property owner, and all successors in interest:
a. Except as provided in Government Code Section 65852.26, tThe ADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented.
b. The ADU shall not be used for short-term rentals, and shall be rented for a period of for less than thirty (30) consecutive days or longer.

C. If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record.
d. The property owner and all successors in interest shall maintain the ADU and the property in accordance with all applicable ADU requirements and standards.

ADU Ordinance Update Page 6
(15) Services, impact fees and utility connections.
a. ADUs shall not be allowed where roadways, public utilities or services are inadequate in accordance with the general plan and zoning designation for the lot.
a. b. ADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services. For an ADU that is not a conversion of an existing space meeting the requirements of Government Code Section
65852.2(e) (1)(A), a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. b. The owner of an ADU shall be subject to the payment of all sewer, water, and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:
i. ADUs that are less than 750 square feet shall not be subject to impact fees.
ii. ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit.
c. The City shall not issue a building permit for an ADU until the applicant provides a will serve letter from the local water and sewer provider.
(16) Fire safety requirements. The construction of all new ADUs shall meet minimum standards for fire safety as defined in the California Building and Fire Codes.
(17) Ownership. Notwithstanding subsection (d)(2) above, no ADU shall be created for sale or financing pursuant to any condominium plan, community apartment plan, housing cooperative or subdivision map. (18) Occupancy. For any ADU permitted before January 1, 2025, ADUs may be rented or owner occupied and there shall not be a requirement that any unit unless State law is amended to prohibit such a requirement.

ADU Ordinance Update Page 9
(10) Fire sprinklers. Fire sprinklers shall be required for a JADU, if they are required for the primary residence.
(11) All JADUs must meet the requirements of the California Building Code, as adopted and amended by Title 8 of the City of Laguna Niguel Municipal Code.
(12) Services, impact fees and utility connections. JADUs are not subject to service fees, impact fees, or utility connection fees.
(13) Fire safety requirements. The construction of all new JADUs shall meet minimum standards for fire safety as defined in the California Building and Fire Code.
(14) Planned Residential Development. In the event that a planned residential development includes standards that would preclude the construction of a JADU that would otherwise be permitted under this Section, the requirements of this section shall apply, and shall supersede the planned development standards as applied to JADUs within the applicable planned development district.
(15) Rental Terms. No JADU shall be rented for a term that is shorter than thirty (30) days. This prohibition applies regardless of when the JADU was created.
(16) Nonconforming JADUs and Discretionary Approval. Any proposed JADU that does not conform to the objective standards set forth in subsections (1) through (74 15) of this section may be allowed by the City pursuant to Alternative Development Standards subject to approval of a Site Development Permit in compliance with the provisions of Section 9-1-114." SECTION 5. Section 9-1-142 (Definition of terms) of Subarticle 14 (Definitions) of Article 2 (Comprehensive Zoning Code) of Division 1 (Planning) of Title 9 (Planning and Zoning) of the Laguna Niguel Municipal Code is amended to add or modify the following definitions in alphabetical order to read as follows:
"Efficiency unit means a dwelling for occupancy by no more than two persons which has a minimum floor area of 220-150 square feet, and which may also have partial kitchen or bathroom facilities. Efficiency unit has the same meaning as defined in Section 17958.1 of the Health and Safety Code."

ATTACHMENT C
Matrix Summary of Proposed Zoning Code
Amendments
HDC Comment Letter Modificatons
Item # HCD # HCD Comment Response to Comment Revised Text Zoning. ADUs shall be allowed in all single family and multi family zoning districts that permit residential uses and includes a proposed or existing dwelling. The ADU shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling including detached garages; this does not include mixed use Sections 9-1- zoning districts, except for those ADUs that must be approved in accordance with

35.26 (d) (1) - Government Code Section 65852.2(a)(1). Nothing in this section shall allow for the Zoning Modified as requested. conversion of commercial or non-residential space in a mixed-use building. sections 9-1-

35.26 (d)(2) anc The Ordinance states in both places that an ADU shall not be sold separately from the le and Rental of Units. An ADU shall not be sold separately from the primary dwelling un (d) (14) (a) - Sale id shall not be rented for a period of less than thirty (30) consecutive days. Except and Rental of equired in Government Code Section 65852.26, an ADU shall not be sold separately fror Units and Deed he primary dwelling unit, and shall not be rented for a period of less than thirty (30 Restriction Modified as requested.

Zoning. ADUs shall be allowed in all single family and multi family zoning districts that permit residential uses on lots that include a proposed or existing dwelling. The ADU shall be either attached to, or located within, the proposed or existing primary dwelling. including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages; this does not include mixed use zoning districts, except for those ADUs that must be approved in accordance with Government Code Section 65852.2 (a)(1). Nothing in this section shall allow for the Section 9-1- conversion of commercial or non-residential space in a mixed-use building. Number of Units

35.26 (d)(3)(a) JADU. One (1) JADU shall
and Section 9-1- be allowed to be converted or constructed within the habitable walls of an existing or

35.27 (c)(4) - proposed primary residence. In addition to the one (1) JADU allowed in this Section, an Omitted dwelling, per Government Code section 65852.2, subdivision (e). Therefore, the City Modify the Ordinance to applicant may also construct one (1) attached or detached have one ADU so long as it Conversions clearly note the provision. complies with the requirements of Section 9-1-35.26.

Section 9-1- The Ordinance states that for a multifamily building, an applicant may create converted

35.26 units in non-livable space or build new construction detached units, but not both. (d)(3)(b)(3) - lowever, the most recent HCD ADU handbook states on page 20 that "loca Combination governments must allow" the combination of such unit types. Therefore, the City mus An applicant for a building permit may seek ADUs under subparagraphs (1) or (2) but not- with Multifamily 4 delete this section. Deleted under beth (1) and (2).

HDC Comment Letter Modificaitons
Zoning. ADUs shall be allowed in all single family and multi family zoning districts that permit residential uses on lots that include a proposed or existing dwelling. The ADU shall be either attached to, or located within, the proposed or existing primary dwelling.

Sections 9-1- The Ordinance limits or appears to limit new construction ADUs to single-family including attached garages, storage areas or similar uses, or an accessory structure or

35.26 dwellings and does not contemplate or authorize ADUs within a proposed or new detached from the proposed or existing primary dwelling and located on the same lot as the (d)(3)(b)(2) - construction multifamily dwelling, only with "existing multi-family" dwellings. This Modified the Ordinance to proposed or existing primary dwelling, including detached garages; this does not include New conflicts with Government Code section 65852.2, subdivision (a)(1)(D)(iii), which allows clearly note the provision. mixed-use zoning districts, except for those ADUs that must be approved in accordance with Construction an ADU to be created with a "proposed or existing primary dwelling structure." The Government Code Section 65852.2 (a)(1). Nothing in this section shall allow for the ADUS on "primary dwelling structure" refers to both a single-family and a multifamily dwelling. prosed under 2i$ 9-1, conversion of commercial or non residential space in a mied use building, Number of Unies Multifamily Lots 5 Therefore, the City must expand the definitions to account for the omission.

Section 9-1-

35.26 The Ordinance states that an applicant for a building permit may seek ADUs under (d)(3)(b)(3) - subparagraph (1) [units created in converted non-livable space] or subparagraph (2) I'no Number of Units more than two (2) detached"] but not under both (1) and (2). However, pursuant to Allowed in Government Code section 65852.2, subdivisions (e) (1)(C) and (D), the City must allow An applicant for a building permit may seek ADUs under subparagraphs (1) or (2) but net Multifamily 6 ADUs under (1) and (2) together. Deleted under both (1) and (2).

Parking. A maximum of one (1) parking space shall be required for each accessory dwelling unit. Exceptions, no additional parking shall be required for the following:

1.ADUs converted as part of a proposed or existing space of a principal residence or within an existing accessory structure.

2.ADUs located within one-half mile walking distance of public transit. • When a garage, carport or covered parking structure is demolished in conjunction wi le construction of an ADU at the same location, or converted to an ADU, those off-stre Section 9-1- exempt. Confirmed with parking spaces are not required to be replaced.

35.26 (d)(8) - 65852.2, subd. (d)(2)), on-street parking permits (Gov. Code, § 65852.2, subd. (d)(4)), HCD that we don't need to Parking and car shares (Gov. Code, § 65852.2, subd. (d)(5)). The City must add these sections to include items that do not 4. When on-street parking permits are required but not offered to the occupant of the Requirements apply to our City. accessory dwelling unit.

The Ordinance states that for conversions of "Existing Space in a Single-Family Dwelling," "legally constructed space within an existing single-family home that does not mee Existing Space in a Single-Family Dwelling. Legally constructed space within an existing single- he minimum setbacks requirements of Subsection (6) may be converted to an ADU family home that does not meet the minimum setbacks requirements of Subsection (64), Section 9-1- subject to the approval of a building permit and compliance with this section." This ay be converted to an ADU, subject to the approval of a building permit and compliar

35.26 (d)(12)(b) - appears to contain a typographical error in that it references setback requirements in Typographical error, th this section, the Fire Safety/Building Code, and California Government Co Local Standards 8 "Subdivision (6)" rather than "Subdivision (4)," where setback standards are contained. modified.

HDC Comment Letter Modificaitons
The Ordinance states that ADUs shall not be allowed where "roadways, public utilities or services" are inadequate. However, Government Code section 65852.2, subdivision (a)(1)(A), states "the designation of areas [where ADUs are permitted] may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety." The City has not, by Ordinance, designated the areas were ADUs are not allowed. Any designation of an area where ADUs are not permitted may not be made on an ad-hoc basis, but rather must be designated and supported by the Section 9-1- City's findings. "Roadways, public utilities or public services" are not a basis in statute for

35.26 (d)(15)(a) - the designation of areas that restrict ADUs. Lastly, ADUs built under Government Code Areas section 65852.2, subdivision (e), are not subject to local development standards or Designated for location constraints. The City must either remove Section 9-1-35.26 (d)(15)(a) or provide ADUs shall not be allowed where roadways, public utilities or services are inadequate in ADUs 9 a designation supported by findings. Deleted accordance with the general plan and zoning designation for the lot.

The Ordinance states that "No ADU shall be created for sale or financing pursuant to any condominium plan, community apartment plan, housing cooperative or subdivision map." However, the building or development of an ADU for separate sale from the primary dwelling unit is permissible pursuant to Government Code section 65852.26, subdivision (a)(1). The section creates a narrow exception to allow separate conveyance Section 9-1- with the involvement of qualified nonprofit housing organizations. The Ordinance should Ownership. Notwithstanding (d)(2) above, no ADU shall be created for sale or financing

35.26 (d)(17) - be modified to allow for the development and separate conveyance of ADUs meeting Modify the Ordinance to pursuant to any condominium plan, community apartment plan, housing cooperative or Separate Sale 10 the requirements of this subdivision. clearly note the provision. subdivision map.

Section 9-1-

35.27 (c)(4) and Number of Units Allowed. One (1) JADU shall be allowed to be converted or constructed 9-1-35.27 within the habitable-walls of an existing or proposed primary residence. In addition to the (C)(5)(b) - 2023, specifies that enclosed uses, such as attached garages, are considered part of the Modified the Ordinance to one (1) JADU allowed in this Section, an applicant may also construct one (1) attached or Attached proposed or existing single-family residence. The City should add language to clarify this clearly note the provision detached have one (1) ADU so long as it complies with the requirements of Section 9-1- Garage b based on SB 897. 35.26.

The Ordinance defines "Efficiency Unit" as a dwelling which has a minimum floor area of 220 square feet. However, Government Code section 65852.2, subdivision (c)(2)(A), allows for the creation of efficiency units. Government Code section 65852.2, "Efficiency unit means a dwelling for occupancy by no more than two persons which has a Section 9-1-142 - subdivision (i) 3), defines efficiency units as having the same meaning as section 17958.1 minimum floor area of 220-150 square feet, and which may also have partial kitchen or Definition of of the Health and Safety Code, which provides "a minimum floor area of 150 square bathroom facilities. Efficiency unit has the same meaning as defined in Section 17958.1 of Terms 12 feet..." The City must change the minimum floor area to comply with State ADU Law. Modified the Ordinance. the Health and Safety Code." SB 297 Modificaitons
ADU Requirements
Requirement Section Modified Proposed Modifications
Under permits required added the following underlined text "ADUs consistent with this section shall be reviewed ministerially in compliance with Government Code Section Permit Requirements 9-1-35.26 (b) 65852.2, and shall require a building permit." Attached or detached ADUs shall comply with the front yard setback requirement for the underlying zone. Exception: If a front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may encroach into a required front yard setback as necessary to enable the construction of an 800 square foot Setback Modifications 9-1-35.26 (d) (4) unit.

Reflects state law requirements regarding 16 ft, 18 ft, and 25 ft applications: Height. AlL ADUs shall be allowed to be a maximum of sixteen (16) feet in height. la. Except as otherwise provided by subsections (5)(b) or (5)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
b.A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half 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, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

C.A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. d.An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary Height Modifications 9-1-35.26 (d) (5) dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (5)(d) may not exceed two stories.

Fire Sprinklers. Fire sprinklers shall not be required for any attached or detached ADU, unless required for the primary residence. The construction of an ADU does not Fire Sprinkler 9-1-35.26 (d) (10) trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

Rental Terms 9-1-35.26 (d) (20) Rental Terms. No ADU shall be rented for a term that is shorter than thirty- (30) days. This prohibition applies regardless of when the ADU was created.

JADU Requirements
Permits Required. JADUs consistent with this section shall be reviewed ministerially in compliance with Government Code Sections 65852.2 and 65852.22, and shall require Permit Requirements 9-1-35.27 (b) a building permit.

Sanitation facilities. JADUs shall provide sanitation facilities. The JADU can either provide its own separate full bathroom, or it may share sanitation facilities with the primary residence. If the JADU does not include its own separate full bathroom then it shall provide an interior entrance to the primary dwelling and provide clear and Sanitation requirements 9-1-35.27 (c)(6) unobstructed access to the designated full bathroom.

Rental Terms 9-1-35.27 (c) (15) Added "Rental Terms. No ADU shall be rented for a term that is shorter than thirty (30) consecutive days, short term rentals are not permitted.

ATTACHMENT D
May 9, 2023, Planning Commission Resolution No. 23-
05 and Staff Report (w/o Attachments)

CITY OF LAGUNA NIGUEL

PLANNING COMMISSION STAFF REPORT
To: Planning Commission
FROM: Community Development Department
DATE: May 9, 2023
SUBJECT: Zoning Code Amendment ZCA 23-01 (Zoning Code Update) - PUBLIC HEARING - Update to zoning provisions pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

RECOMMENDATION
It is recommended that the Planning Commission, open the public hearing, take public testimony, close the public hearing, and then adopt Resolution No. 23-05 recommending that the City Council approve Zoning Code Amendment ZCA 23-01 amending regulations pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), including an exemption from the California Environmental Quality Act (CEQA).

PUBLIC NOTICE
In accordance with Government Code Section 65091(a)(4) for projects affecting over 1,000 property owners, a one-eighth (1/8"h) page notice of the public hearing describing the project, date, time, and location of the hearing was advertised in the Orange County Register - Laguna Niguel News at least 10 days prior to the hearing date. A notice was also posted at City Hall and was made available on the City's website. As of the writing of this staff report, no public comments have been received in response to this public notice.

BACKGROUND & ANALYSIS
Zoning Code Amendments - Clean-ups/Updates
At the October 2, 2018 City Council meeting, the City Council initiated a Zoning Code Amendment to update and clarify various requirements of the Laguna Niguel Zoning Code (LNZC), Title 9 of the Laguna Niguel Municipal Code (LNMC). This action was intended to ensure City requirements are accurate, relevant, and compliant with state law. Given the considerable scope of the potential changes, this was envisioned as a multi-phase effort over several years.

ZCA 23-01 - ADU/JADU Update Page 2
May 9, 2023
To date, the City Council has adopted three LNZC clean-ups/updates as a part of this effort:

Zoning Code Amendment ZCA 19-01 (ZCA 19-01): Amended zoning provisions pertaining to residential accessory structures, restaurant and retail food uses, and nonresidential parking requirements.
• ZCA 21-01: Amended zoning provisions that would benefit from additional clarity, refined regulations, streamlining, or revision to be consistent with current state law. • ZCA 21-02: Amended zoning provisions to allow for Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) in conformance with revisions to state law, including Assembly Bill 3182 ("AB 3182") and Assembly Bill 345 ("AB 345").

HCD Comment Letter & SB 897
On August 10, 2021, following the adoption of ZCA 21-02, in accordance with state law, the City submitted the newly adopted ordinance to the California Department of Housing and Community Development (HCD) for compliance review with current legislation.

On November 4, 2022, the City received a comment letter from HCD staff (Attachment B). The letter indicated that the City's adopted ordinance met many statutory requirements, but did not fully comply with state law, in their opinion, and identified necessary modifications. In most cases, HCD sought additional clarification language in the City's ordinance as well as three more substantive modifications as follows:
• For multi-family developments, state law permits additional ADUs from converted space and up to two detached ADUs; the LNZC allows for one or the other, but not both. • State law exempts ADU parking requirements for areas that require on-street parking permits; the LNZC does not include this exemption.
• State Law permits ADUs to be the same size as an efficiency unit per the Health and Safety Code, which is a minimum of 150 square feet; the qualifying size in the LNZC is a minimum of 220 square feet.

On September 28, 2022, following City adoption of ZCA 21-02, the state legislature approved Senate Bill 897 (SB 897) that further amends state law applicable to ADUs and JADUs. SB 897 notably included the following:
• Requires the City to allow for certain ADUs to be taller than 16' in height, up to 18' for a detached unit or 25' for an attached unit, depending on the situation. • Requires accommodations for front setback standards to yield for ADUs constructed in the same location and to the dimensions as an existing structure or if the front yard is the only location where an ADU may be lawfully constructed.
• Requires the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them.

ZCA 23-01 - ADU/JADU Update Page 3
May 9, 2023
• Prohibits the City from denying an application to create an ADU solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU.
• In instances where a JADU will share a bathroom with the primary dwelling, the City must require the JADU to have an interior entry to the primary dwelling's "main living area," independent of the exterior entrances of the JADU and primary dwelling.

ZCA 23-01 (Zoning Code Update)
City staff has drafted updates to the LNC zoning provisions for ADUs and JADUs to comply with both HCD's comments and recent changes in state law. The proposed code changes are included in Exhibit 1 of Attachment A (strikethrough text = text to be removed, underline text = new text reflecting HCD letter modifications and revisions per SB 897). For a summary matrix of the recommended modifications by HCD and how they are proposed to be addressed please refer to Attachment D. Also notable, the City's recently adopted Housing Element Update included an action item (Action No. 3.54) requiring the City to amend the existing zoning standards for ADUs and JADUs to be in compliance with SB 897. With the approval of ZCA 23-01, this action item would be completed.

GENERAL PLAN CONSISTENCY
LNZC Section 9-1-117.4(e) requires code amendments to be consistent with the Laguna Niguel General Plan.

The General Plan serves as a community blueprint, establishing goals and policies to serve as a decision- making tool in evaluating zoning decisions. ZCA 23-01 is consistent with General Plan, Policy 1.1, "encourage the development of land uses that contribute to the goal of a well-balanced community," in that the proposed amendments are composed of updates to zoning provisions that would benefit from additional clarity or refined regulations, and revisions to be consistent with current state law. State law requires that the City deem ADUs to be "a residential use that is consistent with the existing general plan and zoning designation" (Government Code Section 65852.2(a)(1)(C)).

CEQA COMPLIANCE
Pursuant to Section 15061(b)(3) of the CEQA Guidelines, ZCA 23-01 is exempt from CEQA. The proposed amendment to the LNZC does not have the potential to significantly affect the environment. The proposed amendment does not significantly increase the potential (in manner or degree) for future development, beyond what is currently permitted by the LNZC. Therefore, the project would not result in a direct or reasonably foreseeable indirect physical change in the environment.

Pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), adoption of an exempt.

ZCA 23-01 - ADU/JADU Update Page 4
May 9, 2023
Prepared by: Reviewed by:

Erica Roes
Amber Gregg Erica Roess
Contract Planner Senior Planner
Reviewed by: Reviewed by:

Siste
Nicholas Ghirelli
Development Services Manager Interim City Attorney
Submitted by:
rather Flea
Jonathan Orduna
Community Development Director
Attachments:

A. Draft Resolution No. 23-05
Exhibit 1 - Proposed Zoning Code Amendment Text for ADUs and JADUs B. HCD - ADU Ordinance Review Letter, dated 11/4/2022
C. ADU Amendment Matrix Summary - HCD Comments and State Law Modifications RESOLUTION NO. 23-05

RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF LAGUNA NIGUEL, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE ZONING CODE AMENDMENT (ZCA) 23-01

AMENDMENTS TO REGULATIONS PERTAINING TO ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO CONFORM WITH REVISIONS TO STATE LAW.

The Planning Commission of the City of Laguna Niguel does hereby find and resolve as follows:

At the October 2, 2018 City Council meeting, the City Council initiated a Zoning Code Amendment to update and clarify various requirements of the Laguna Niguel Zoning Code (LNZC), Title 9 of the Laguna Niguel Municipal Code (LNMC). This action was intended I to ensure City requirements are accurate, relevant, and compliant with state law. Given the considerable scope of the potential changes, this was envisioned as a multi-phase effort over several years.

On August 3, 2021, the City Council adopted Zoning Code Amendment (ZCA) 21- 02 rescinding provisions relating to second dwelling units in the LNZC, replacing them with development standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) consistent with state law.

On August 10, 2021, following the adoption of ZCA 21-02, in accordance with state law, the City submitted the newly adopted ordinance to the California Department of Housing and Community Development (HCD) for compliance review with current legislation.

On January 1, 2023, state law enacted additional regulations for ADUs and JADUs to further address the States housing crisis.

6. ZCA 23-01 will update LNZC provisions for ADUs and JADUs to address both the November 4, 2022, HCD letter, and recent changes in state law.

In accordance with Government Code Section 65091(a)(4) for projects affecting over 1,000 property owners, a one-eighth (1/8) page notice of the public hearing describing the project, date, time and location of the hearing was advertised in the Orange County Register - Laguna Niguel News at least 10 days prior to the hearing date. A notice was also posted at City Hall and was made available on the City's website.

8. State law requires that the City deem ADUs to be "a residential use that is consistent with the existing general plan and zoning designation" (Government Code Section 65852.2(a)(1)(C)).

Based on the whole record before it, the Planning Commission finds that ZCA 23-01 is statutorily exempt from the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines under Public Resources Code section 21080.17 and CEQA Guidelines Section 15282(h), which provide that the adoption of an ordinance regarding ADUs by a city to implement Government Code Section 65852.2 is statutorily exempt from CEQA. The Planning Commission is recommending that the City Council adopt an ordinance that implements Government Code Section 65852.2 and therefore is statutorily exempt. In addition, Pursuant to Section 15061(b)(3) of the CEQA Guidelines, ZCA 23-01 is exempt from CEQA. The proposed amendment to the LNZC does not have the potential to significantly affect the environment. The proposed amendment does not significantly increase the potential (in manner or degree) for future development, beyond what is currently permitted by the LNZC.

Therefore, the project would not result in a direct or reasonably foreseeable indirect physical change in the environment.

10. The Planning Commission finds, and recommends that the City Council find, that the zoning amendment is consistent with the goals, objectives, and policies of the general plan. ZCA 23-01 is consistent with General Plan, Policy 1.1, "encourage the development of land uses that contribute to the goal of a well-balanced community," in that the proposed amendments are composed of updates to zoning provisions that would benefit from additional clarity or refined regulations, and revisions to be consistent with current State law, which requires that the City deem ADU's to be "a residential use that is consistent with the existing general plan and zoning designation" (Government Code Section 65852.2(a)(1)(C)).

11. The Planning Commission finds, and recommends that the City Council find, that the proposed zoning amendment will not adversely affect the public health, safety, and general welfare.

12. On May 9, 2023, the Planning Commission of the City of Laguna Niguel held a duly Resolution No. 23-05.

13. The Planning Commission is an advisory body to the City Council with regard to the approval of Zoning Code Amendments.

THEREFORE BE IT RESOLVED that the Planning Commission does hereby recommend that the City Council approve ZCA 23-01 to amend LNZC Sections pertaining to ADUs and JADUs. Specifically, the proposed changes would update regulations permitting the development of ADUs and JADUs consistent with newly adopted state law that went into effect January 1, 2023, as well as provide clarifying text where needed, as shown in Exhibit 1 attached hereto.

PASSED, APPROVED, AND ADOPTED this 9th day of May, 2023.

AYES: Green, Ferlauto, Hayes, Vahid
NOES:

ABSTAIN:

ABSENT: Savage-Lebhart
ratha Glen
Jonathan Orduna
Community Development Director
You See
Roger Green
Planning Commission Chair
Exhibit(s):

Proposed Zoning Code Amendment Text
City of Laguna Niguel Zoning Code
ADU Update Text Amendment
KEY:

Normal Text = Existing unmodified language
Strikethrough Text = Proposed language to be removed
Underline Text = proposed language to be added
Blue Text = Reflects state law and clarification updates Red Text = Reflects HCD letter modifications
"Section 9-1-35.26. Accessory Dwelling Unit (ADU).
(a) Purpose. This section provides standards and criteria for the establishment of ADUs within residential districts consistent with California Government Code Section 65852.2 and shall be so construed.
(b) Permit Required. ADUs consistent with this section shall be reviewed ministerially in compliance with Government Code Section 65852.2, and shall require a building permit.
(c) Limitations. Improvements (including, but not limited to garages, retaining walls, etc.) that are not necessary for the physical construction of an ADU may be subject to a discretionary permit and/or public hearing, if required by Title 9 of the Municipal Code.
(d) Development Standards. The development standards set forth below shall apply to all ADUs. In addition, for any development standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State Law.
(1) Zoning. ADUs shall be allowed in all single family and multi family zoning districts that permit residential uses on lots that include a proposed or existing dwelling. The ADU shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages. storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages; this does not include mixed use zoning districts, except for those ADUs that must be approved in accordance with Government Code Section 65852.2(a)(1). Nothing in this section shall allow for the conversion of commercial or non-residential space in a mixed-use building. (2) Sale and Rental of Units. Except as required in Government Code Section 65852.26, an ADU shall not be sold separately from the primary dwelling ADU Ordinance Update Page 2
unit, and shall not be rented for a period of less than thirty (30) consecutive days, short-term rentals are not permitted.
(3) Number of Units Allowed.
a. Single Family Residential Zoning Districts. In single-family residential oning districts, an applicant shall be allowed to construct one (1 letached or attached ADU per lot, or convert existing space into on (1) ADU. In addition to the one (1) attached or detached ADU allowed in this Section, an applicant may also construct one (1) Junior Accessory Dwelling Unit (JADU) so long as it complies with Section 9-1-35.27.
b. Multi-Family Zoning Districts.

2. Limited Detached ADUs on a Multi-Family Lot. No more than two (2) detached ADUs are permitted on a lot that has an existing or proposed multi-family dwelling.

3. An applicant for a building permit may seek ADUs under subparagraphs (1) or (2) but not under both (1) and (2). (4) Setbacks.
a. Attached or detached ADUs shall comply with the front yard setback requirement for the underlying zone. Exception: If a front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may encroach into a required front yard setback as necessary to enable the construction of an 800 square foot unit.
b. Attached or detached ADUs shall have a minimum four (4) foot side and rear yard setback. Exception: No setback shall be required for the conversion of an existing permitted living area, accessory structure, or a structure constructed in the same location and to the ADU Ordinance Update Page 3
same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. c. Setbacks from slopes. Lots that have slopes that are 2:1 or steeper and over ten feet in height, shall setback structures in compliance with Section 9-1-33.6, Setbacks from Slopes.
(5) Height. All ADUs shall be allowed to be a maximum of sixteen (16) feet in height.
a. Except as otherwise provided by subsections (5)(b) or (5)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a maior transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

Notwithstanding the foregoing, ADUs subject to this subsection (5)(d) may not exceed two stories.
(6) Unit Size. The maximum size of an attached or detached ADU shall be limited to 850 square feet for units with zero to one bedrooms, and 1,000 square feet for units with two or more bedrooms. Notwithstanding the foregoing, in no event shall the square footage of an attached ADU exceed fifty percent (50%) of the habitable area of the existing primary residence or 800 square feet, whichever is less restrictive.
(7) Lot Coverage and Floor Area Ratio (FAR). All ADUs shall be subject to the applicable lot coverage and FAR requirements of the underlying zoning district, unless the application of such requirements would prevent the development of an ADU that is a minimum of 800 square feet in size, no taller than 16 feet in height meets applicable height requirements per ADU Ordinance Update Page 4
subsection (d) (4) of this section, and meets the four-foot side and rear yard setbacks.
(8) Parking.
a. A maximum of one (1) parking space shall be required for each accessory dwelling unit. Exceptions, no additional parking shall be required for the following:

1. ADUs converted as part of a proposed or existing space of a principal residence or within an existing accessory
structure.

2. ADUs located within one-half mile walking distance of public transit.

ADU Ordinance Update Page 6
(15) Services, impact fees and utility connections.
a. ADUs shall not be allowed where roadways, public utilities or services are inadequate in accordance with the general plan and zoning designation for the lot.
a. b. ADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services. For an ADU that is not a conversion of an existing space meeting the requirements of Government Code Section
65852.2(e)(1)(A), a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. b. The owner of an ADU shall be subject to the payment of all sewer, water, and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:
i. ADUs that are less than 750 square feet shall not be subject to impact fees.
ii. ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit.
c. The City shall not issue a building permit for an ADU until the applicant provides a will serve letter from the local water and sewer provider.
(16) Fire safety requirements. The construction of all new ADUs shall meet minimum standards for fire safety as defined in the California Building and Fire Codes.
(17) Ownership. Notwithstanding subsection (d)(2) above, no ADU shall be created for sale or financing pursuant to any condominium plan, community apartment plan, housing cooperative or subdivision map. (18) Occupancy. For any ADU permitted before January 1, 2025, ADUs may be rented or owner occupied and there shall not be a requirement that any unit on the lot be owner-occupied. For an ADU permitted after January 1, 2025, however, either the primary dwelling or the ADU shall be owner occupied, unless State law is amended to prohibit such a requirement.

ADU Ordinance Update Page 7
(19) Planned Residential Development. In the event that a planned residential development includes standards that would preclude the construction of a ministerial ADU that would otherwise be permitted under this section, the requirements of this section shall apply, and shall supersede the planned development standards as applied to ministerial ADUs within the applicable planned development district.
(20) Rental Terms. No ADU shall be rented for a term that is shorter than thirty- (30) days. This prohibition applies regardless of when the ADU was created.
(21) Nonconforming ADUs and Discretionary Approval. Any proposed ADU that does not conform to the objective standards set forth in subsections (1) through (19 20) of this section may be allowed by the City pursuant to Alternative Development Standards subject to approval of a Site Development Permit in compliance with the provisions of Section 9-1-114." "Section 9-1-35.27. Junior Accessory Dwelling Unit (JADU). (a) Purpose. This section provides standards and criteria for the establishment of JADUs within residential districts consistent with California Government Code Section 65852.2 and 65852.22 and shall be so construed. (b) Permit Required. JADUs consistent with this section shall be reviewed ministerially in compliance with Government Code Sections 65852.2 and 65852.22, and shall require a building permit.
(c) Development Standards. . The development standards set forth in subsection (c) shall apply to all JADUs.
(1) Zoning. JADUs shall be permitted in Single-Family Residential Zoning Districts.
(2) Sale, Rental and Occupation of Units. The JADU shall not be sold separately from the primary dwelling unit and shall not be rented for a period of less than thirty (30) consecutive days. In addition, either the JADU or the primary dwelling in which the JADU is located shall be occupied by the property owner at all times, unless the property is owned by a government agency, land trust or housing organization.
(3) Deed Restriction. A Deed Restriction prepared by the City shall be recorded on the subject property prior to issuance of building permits stating that th JADU is subiect to the requirements of this Section, shall not sold separately from the primary dwelling unit, shall not be rented for less than 30 ADU Ordinance Update Page 8
consecutive days, and that either the JADU or the primary dwelling in which the JADU is located shall be occupied by the property owner at all times. (4) Number of Units Allowed. One (1) JADU shall be allowed to be converted or constructed within the habitable-walls of an existing or proposed primary residence. In addition to the one (1) JADU allowed in this Section, an applicant may also construct one (1) attached or detached have one ADU so long as it complies with the requirements of Section 9-1-35.26. (5) Unit Size and Construction.
a. A JADU shall not exceed 500 square feet.
• b. A JADU must be contained within the walls of an existing or proposed single-family dwelling. A JADU may be located on the second floor of an existing or proposed single-family dwelling.
c. All JADUs shall contain the necessary interior amenities, including an efficiency kitchen, which shall include the following, subject to California Building Code requirements:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(6) Sanitation facilities. JADUs shall provide sanitation facilities. The JADU can either provide its own separate full bathroom, or it may share sanitation facilities with the primary residence. If the JADU does not include its own separate full bathroom then it shall provide an interior entrance to the primary dwelling and provide clear and unobstructed access to the designated full bathroom.
(7) Access. Exterior access shall be provided for all JADUs separate from the main entrance to the primary residence. For JADUs that share sanitation facilities with the primary residence, the JADU shall have interior access as well.
(8) Parking. No additional parking is required for a JADU. (9) Architectural Compatibility. Any new construction which provides exterior access shall match the style, color, and materials of the primary residential ADU Ordinance Update Page 9
(10) Fire sprinklers. Fire sprinklers shall be required for a JADU, if they are required for the primary residence.
(11) All JADUs must meet the requirements of the California Building Code, as adopted and amended by Title 8 of the City of Laguna Niguel Municipal Code.
(12) Services, impact fees and utility connections. JADUs are not subject to service fees, impact fees, or utility connection fees.
(13) Fire safety requirements. The construction of all new JADUs shall meet minimum standards for fire safety as defined in the California Building and Fire Code.
(14) Planned Residential Development. In the event that a planned residential development includes standards that would preclude the construction of a JADU that would otherwise be permitted under this Section, the requirements of this section shall apply, and shall supersede the planned development standards as applied to JADUs within the applicable planned development district.
(15) Rental Terms. No JADU shall be rented for a term that is shorter than thirty (30) days. This prohibition applies regardless of when the JADU was created.
(16) Nonconforming JADUs and Discretionary Approval. Any proposed JADU that does not conform to the objective standards set forth in subsections (1) through (14 15) of this section may be allowed by the City pursuant to Alternative Development Standards subject to approval of a • Site Development Permit in compliance with the provisions of Section 9-1-114." SECTION 5. Section 9-1-142 (Definition of terms) of Subarticle 14 (Definitions) of Article 2 (Comprehensive Zoning Code) of Division 1 (Planning) of Title 9 (Planning and Zoning) of the Laguna Niguel Municipal Code is amended to add or modify the following definitions in alphabetical order to read as follows:
"Efficiency unit means a dwelling for occupancy by no more than two persons which has a minimum floor area of 220-150 square feet, and which may also have partial kitchen or bathroom facilities. Efficiency unit has the same meaning as defined in Section 17958. of the Health and Safety Code."

Laguna Niguel City CouncilJune 6, 2023

Laguna Niguel City Council
June 6, 2023