To:
FROM:
DATE:
SUBJECT:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Jonathan Orduna, Community Development Director
January 20, 2026
Introduction of Ordinance No. 2026-239 amending various sections of the Laguna Niguel Municipal Code to implement state-mandated land use legislation regarding accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs)
RECOMMENDATION
Staff recommends that the City Council open the public hearing, take public testimony, close the public hearing, and then take the following actions:
1. Waive full reading, make any amendments to, and introduce Ordinance No. 2026- 239 by title:
ORDINANCE NO. 2026-239
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA NIGUEL, CALIFORNIA, ADOPTING ZONING CODE
AMENDMENT ZCA 25-0002 AMENDING VARIOUS SECTIONS OF
THE LAGUNA NIGUEL MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND FINDING THE ACTION TO BE
STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE§ 21080.17
2. Direct that the proposed ordinance, with any changes, be placed on the agenda for the February 17, 2026, City Council Meeting and adopt the ordinance at that meeting.
BACKGROUND & ANALYSIS
In recent years, the Legislature approved, and the Governor signed into law, numerous bills that limited local authority to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). This legislation was intended to reduce regulatory barriers, streamline application review and approval, and facilitate the increased development of ADUs and JADUs. Each subsequent legislative session has generated bills that further restrict local authority to regulate ADUs and JADUs.
The City's regulations governing the creation of ADUs and JADUs are provided in Laguna Niguel Municipal Code (LNMC) sections 9-1-35.26 and 9-1-35.27, respectively. In recent years, the City has amended these sections in response to changes to state law, including via Zoning Code Amendments (ZCAs) 21-02, 23-01, and 24-1001 .
The state's ADU and JADU regulations are contained in Chapter 13 of Division 1 of Title 7 of the California Government Code (the ADU Laws). They require local ordinances to remain consistent with changes in state law. Failure to do so can impact the enforceability of local ordinances. As a result, it has become common for local agencies to amend their ADU ordinances annually (and sometimes more often).
In consultation with the City Attorney's Office, staff has determined that the LNMC's ADU and JADU regulations are in need of an update to further comply with changes enacted by the state in late 2025, as well as reformatting to improve clarity and efficiency, as shown in Ordinance No. 2026-239 (Attachment A).
On December 9, 2025, the Planning Commission held a public hearing to consider the proposed ordinance, voting 4-0, with one commissioner absent, to recommend adoption by the City Council (Attachment 8). The draft Planning Commission meeting minutes are included as Attachment C. Staff recommends that the City Council proceed in accordance with the recommended actions set forth above.
ALTERNATIVES CONSIDERED
The City Council may decide not to introduce the proposed ordinance and the existing LNMC provisions would remain unchanged but unenforceable. Any ADU request would be reviewed solely for compliance with standards in the ADU Laws, with no application of local standards. The City Council may also decide to direct staff to return with a revised ordinance to be presented at a future City Council meeting.
ENVIRONMENTAL REVIEW
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law.
Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements state ADU law.
FISCAL REVIEW
There is no fiscal impact as a result of the adoption of Ordinance No. 2026-239.
LEGAL REVIEW
Ordinance No. 2026-239 was drafted in collaboration with the City Attorney's Office, which has approved it as to form.
CONCLUSION
Staff recommends that the City Council open the public hearing, take public testimony, close the public hearing, and then take the following actions:
1. Waive full reading, make any amendments to, and introduce Ordinance No. 2026-239 by title:
ORDINANCE NO. 2026-239
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA NIGUEL, CALIFORNIA, ADOPTING ZONING CODE
AMENDMENT ZCA 25-0002 AMENDING VARIOUS SECTIONS OF
THE LAGUNA NIGUEL MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND FINDING THE ACTION TO BE
STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE§ 21080.17
2. Direct that the proposed ordinance, with any changes, be placed on the agenda for the February 17, 2026, City Council Meeting and adopt the ordinance at that meeting.
Jon~
Community Development Director
Attachments :
A. Ordinance No. 2026-239, with Exhibit 1
Scott Smith
City Attorney
Katie Crockett
Planning Manager
B. Planning Commission Resolution No. 25-08
C. Planning Commission Draft Meeting Minutes, December 9, 2025 Attachment A
Ordinance No. 2026-239, with Exhibit 1
ORDINANCE NO. 2026-239
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA NIGUEL, CALIFORNIA, ADOPTING ZONING
CODE AMENDMENT ZCA 25-0002 AMENDING VARIOUS
SECTIONS OF THE LAGUNA NIGUEL MUNICIPAL CODE
REGARDING ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS AND FINDING
THE ACTION TO BE STATUTORILY EXEMPT FROM
CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
WHEREAS, the City of Laguna Niguel, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate AD Us and JADUs; and
WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and
WHEREAS, new updates to state ADU law took effect on January 1, 2026, and for the City's ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS , on December 9, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on January 20, 2026, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City's Planning Commission; and
WHEREAS , all legal prerequisites to the adoption of the Ordinance have occurred. . - 1 -
NOW, THEREFORE , the City Council of the City of Laguna Niguel does ordain as follows:
SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
SECTION 3. Zoning Code Amendment Findings.
1. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).
2. Health, Safety, and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety, and general welfare as it simply updates the Laguna Niguel Municipal Code to comply with recent changes in state law governing local regulation of ADU and JADU development. Adoption of the ordinance is also consistent with the City's Sixth Cycle Housing Element, the adoption of which the City Council determined will not adversely impact public health, safety, and general welfare. For these reasons, adoption of the ordinance will not adversely affect public health, safety, and general welfare.
SECTION 4. Code Amendment. Section 9-1-35.27 of the Laguna Niguel Municipal Code is hereby repealed and Section 9-1-35.26 of the Laguna Niguel Municipal Code is amended and restated to read in its entirety as provided in Exhibit "1," attached hereto and incorporated herein by reference.
SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.
SECTION 6. HCD Submittal. In accordance with Government Code sections 66326 and 66333.5, the Community Development Director is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 30111 Crown Valley Parkway, Laguna Niguel, CA 92677. •
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SECTION 9. Severability . If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application , and to this extent, the provisions of this Ordinance are severable . The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof .
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Laguna Niguel this 17th day of February, 2026.
CITY OF LAGUNA NIGUEL
Gene Johns, Mayor
ATTEST:
Marissa J. Asistin, City Clerk
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EXHIBIT 1
Amended ADU Regulations
(follows this page)
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EXHIBIT 1
Repeal LNMC section 9-1-35.27. Amend LNMC section 9-1-35.26 to read in its entirety a follows:
Section 9-1-35.26 Accessory Dwelling Units and Junior Accessory Dwelling Units (a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. (b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance , policy, or program to limit residential growth.
( 4) Required to correct a nonconforming zoning condition, as defined in subsection ( c )(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
(B) A manufactured home, as defined by section 18007 of the California Health and Safety Code.
(2) "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
1 EXHIBIT 1
(4) "Efficiency kitchen" means a kitchen that includes all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(5) "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
(A) It is no more than 500 square feet of interior livable space in size. (B) It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. (C) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
(D) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(E) It includes an efficiency kitchen, as defined in subsection ( c )( 4) above. (6) "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (7) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (8) "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards .
(9) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(10) "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting .
( 11) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. 2 EXHIBIT 1
( d) Approvals. The following approvals apply to AD Us and JADUs created under this section:
(1) Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (d)(3) below. (2) Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city' s ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the city council by resolution. (3) Process and Timing.
(A) Completeness.
(i) Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal. (ii) Incomplete items. If the city' s determination under subsection (d)(3)(A)(i) above is that the application is incomplete, the city' s notice must list the incomplete items and describe how the application can be made complete .
(iii) Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
(iv) Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
(v) Deemed complete. If the city does not make a timely determination as required by this subsection (A), the application or resubmitted application is deemed complete for the purposes of subsection (d)(3)(C) below.
(vi) Appeal of incompleteness. An applicant may appeal the city' s determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal. 3 EXHIBIT 1
(B) No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing. (C) Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (D) Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection (d)(3)(C) above. (E) Appeal of denial. An applicant may appeal the city's denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
(F) Deadline to approve or deny CDP. Nothing in state ADU and JADU laws or this code supersedes or in any way alters or lessens the effect or application of the California Coastal Act of 1976, except that (i) If a coastal development permit (CDP) is required for the ADU or JADU, a complete CDP application must be included for the ADU or JADU application to be complete; and
(ii) The CDP application must be approved or denied within 60 days of receiving the complete application.
(iii) If the city does not have a certified local coastal plan or program when the complete ADU or JADU application is received, the city will immediately notify the California Coastal Commission of the complete application.
4 EXHIBIT 1
(G) Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
( e) Classes.
(1) Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection (f) below, it is allowed in each of the scenarios provided in this subsection (e)(l). An ADU and JADU approved under subsection (e)(l)(A) may be combined with an ADU approved under subsection (e)(l)(B) , and ADUs approved under subsection (e)(l)(C) may be combined with ADUs approved under subsection ( e )( 1 )(D).
(A) Converted on Lot with Single-Family: One ADU as described in this subsection (e)(l)(A) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU :
(i) Is either: within the space of a proposed single-family dwelling ; within the existing space of an existing single-family dwelling ; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and (ii) Has exterior access that is independent of that for the single-family dwelling ; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code sections 66333 through 66339.
(B) Limited Detached on Lot with Single-Family: One detached , new construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet of livable space or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (f)(2) below.
(C) Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily 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 5 EXHIBIT 1
complies with state building standards for dwellings . Under this subsection ( e )(I )(C), at least one converted ADU is allowed within an existing multifamily dwelling , up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(D) Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling , or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(ii) The peak height above grade does not exceed the applicable height limit provided in subsection (f)(2) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
(2) Class 2: Locally Regulated. Class 2 AD Us are approved under Government Code sections 66314-66322. Except for Class 1 ADUs approved under subsection (e)(l) above, all ADUs are subject to the standards set forth in subsections (f) and (g) below.
(f) General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:
(1) Zoning.
(A) A Class 1 ADU approved under subsection (e)(l) may be created on a lot in a residential or mixed-use zone.
(B) A Class 2 ADU approved under subsection (e)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
(C) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. (2) Height.
(A) Except as otherwise provided by subsections (f)(2)(B) and (f)(2)(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. 6 EXHIBIT 1
(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 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 of20 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 (f)(2)(D) may not exceed two stories. (E) For purposes of this subsection (f)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
(B) The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(6) Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(7) Owner Occupancy.
(A) ADUs. ADUs are not subject to an owner-occupancy requirement. (B) JADUs.
7 EXHIBIT 1
(i) Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.
(ii) Exceptions. The owner-occupancy requirement in this subsection (f)(7)(B) does not apply in either of the following situations:
(I) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).
(II) The property is entirely owned by another governmental agency, land trust, or housing organization.
(8) Deed Restriction. Prior to issuance of a certificate of occupancy for an JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the director of community development.
The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
(A) The JADU may not be sold separately from the primary dwelling. (B) The JADU is restricted to the approved size and to other attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced against future property owners.
(D) The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities . To remove the deed restriction , an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed , but is only eliminated by virtue of having a necessary component of an JADU removed , the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(E) The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including , but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. 8 EXHIBIT 1
(9) Building & Safety.
(A) Must comply with building code. Subject to subsection (t)(9)(B) below, all ADUs and JADUs must comply with all local building code requirements.
(B) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (t)(9)(B) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
( 10) Certificate of Occupancy Timing.
(A) Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. (B) Limited Exception for State-declared Emergencies. Notwithstanding subsection (t)(l 0)(A) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
(i) The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. (ii) The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor 's state of emergency
proclamation .
(iii) The ADU has been issued construction permits and has passed all required inspections.
(iv) The ADU is not attached to the primary dwelling .
(g) Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection (e)(2) above. This subsection (g) does not apply to Class 1 ADUs or JADUs approved under subsection (e)(l ) above.
(1 ) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this subsection (g) is 850 square feet of interior livable space for a studio or one-bedroom 9 EXHIBIT 1
unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
(B) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling .
(C) Application of other development standards in this subsection (g), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (g)(l )(B) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU have less than 800 square feet of interior livable space. (2) Setbacks.
(A) ADUs that are subject to this subsection (g) must conform to 4-foot side and rear setbacks . ADUs that are subject to this subsection (g) must conform to 20-foot front setbacks, subject to subsection (g)(l)(C) above. (B) No setback is required for an ADU that is subject to this subsection (g) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(3) Passageway . No passageway , as defined by subsection (c)(9) above, is required for an ADU.
( 4) Parking.
(A) Generally . One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(l2) above. (B) Exceptions . No parking under subsection (g)(4)(A) is required m the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection ( c )(11) above.
(ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure.
(iv) When on-street parking permits are required but not offered to the occupant of the ADU.
EXHIBIT 1
(v) When there is an established car share vehicle stop located within one block of the ADU.
(vi) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (g)(4)(B)(i) through (v) above.
(C) No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(5) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
(B) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(C) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(D) The ADU must have an independent exterior entrance , apart from that of the primary dwelling .
(E) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction , with a minimum interior wall height of seven feet. (F) No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping , or privacy glass to prevent a direct line of sight. (G) All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (6) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and the public right of way as follows:
(A) At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively , at least one 24" box size plant must be provided for every ten linear feet of exterior ADU wall. 11 EXHIBIT l
(B) Plant specimens must be at least six feet tall when installed. As an alternative , a solid fence of at least six feet in height may be installed. (C) All landscaping must be drought-tolerant.
(D) All landscaping must be from the city' s approved plant list. (7) Historical Protectio ns. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located entirely behind the rear-most exterior wall of the primary dwelling and directly behind the primary dwelling .
(8) Allowed Stories. No ADU subject to this subsection (g) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (f)(2)(D) of this section. (h) Fees. The following requirements apply to all Class l AD Us and JADUs and Class 2 AD Us that are approved under subsections (e)(l) or (e)(2) above. (1) Impact Fees.
(A) No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this subsection (h)(l) , "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code§ 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
(B) A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(l)(C) , and is therefore not subject to school fees under Education Code section 17620.
(C) Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling , times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(B) Except as described in subsection (h)(2)(A), JADUs and converted ADUs on a single-family lot that are created under subsection (e)(l)(A) above are 12 EXHIBIT 1
not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
(C) Except as described in subsection (h)(2)(A), all ADUs that are not covered by subsection (h)(2)(B) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city.
All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
(i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(i) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs and JADUs constructed before 2020. (A) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
(i) The ADU or JADU violates applicable building standards, or (ii) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 9-1-35.26).
(B) Exceptions:
(i) Notwithstanding subsection (i)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. 13 EXHIBIT 1
(ii) Subsection (i)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
(j) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections (a) through (i) of this section may be allowed by the city with a site development permit for alternate development standards , in accordance with the other provisions of this title.
14 Attachment B
Planning Commission Resolution No. 25-08
RESOLUTION NO. 25-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAGUNA NIGUEL, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING
VARIOUS SECTIONS OF THE MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND FINDING THE ACTION TO BE EXEMPT
FROM CEQA
WHEREAS , the City of Laguna Niguel, California ("City") is a municipal corporation , duly organized under the California Constitution and laws of the State of California ; and
WHEREAS , state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, in recent years, the California Legislature has approved , and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS , in 2025, the California Legislature approved , and the Governor signed into law, further amendments to state ADU law; and
WHEREAS , new updates to state ADU law take effect on January 1, 2026, and for the City's ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS , the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS , the proposed Ordinance attached as "Exhibit 1" updates the City's ADU and JADU regulations to comply with recent changes in state law and improve clarity and efficiency in the City's regulations and future updates thereof ; and WHEREAS , on December 9, 2025, the Planning Commission conducted a duly noticed public hearing to consider the attached Ordinance ; and WHEREAS , all legal prerequisites to the adoption of this Resolution have occurred .
NOW, THEREFORE, the Planning Commission of the City of Laguna Niguel does hereby resolve, determine , find, and order as follows:
Section 1. Incorporation. The foregoing recitals are true and correct and are each incorporated by reference and adopted as findings by the Planning Commission .
Section 2. CEQA. The Planning Commission recommends that the City Council find that under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law. Therefore , adoption of the proposed Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
Section 3. Zoning Code Amendment Findings. In accordance with Laguna Niguel Municipal Code sections 9-1-117.3(e) and 9-1-117.4(d) , the Planning Commission hereby finds as follows:
1. General Plan. Adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c) .
2. Health, Safety and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety and general welfare as it simply updates the Laguna Niguel Municipal Code to comply with recent changes in state law governing local regulation of ADU and JADU development. Adoption of the ordinance is also consistent with the City's Sixth Cycle Housing Element, the adoption of which the City Council determined will not adversely impact the public health, safety and general welfare . For these reasons, adoption of the ordinance will not adversely affect the public health, safety, and general welfare.
Section 4. Recommendation. Given the foregoing , and based on the entire record before the Planning Commission , the Planning Commission hereby recommends that the City Council adopt the Ordinance attached hereto as "Exhibit 1." Section 5. Effective Date. This Resolution takes effect immediately upon its adoption.
Section 6. Certification. The Planning Commission Chair shall attest as to the adoption of this Resolution and cause the same to be maintained in the permanent records of the City.
APPROVED AND ADOPTED This 9th day of December, 2025, by the Planning Commission of the City of Laguna Niguel, California, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners: Meihaus, Brown, Ferlauto, Green
Commissioners:
Commissioners: Hayes
Commissioners:
Attachment C
Planning Commission Draft Meeting Minutes,
December 9, 2025
CALL TO ORDER
ROLL CALL
THE CITY OF LAGUNA NIGUEL
MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION
DECEMBER 9, 2025
By Vice Chair Meihaus at 7:00 p.m.
Voting Members Present: Vice Chair Brian Meihaus
Commissioner Robert Brown
Commissioner Karen Ferlauto
Commissioner Roger Green
Voting Members Absent: Chair Kathleen Hayes
Advisory Members Present: Community Development Director Jonathan Orduna
Staff Present:
PLEDGE OF ALLEGIANCE
Assistant City Attorney Todd Leishman
Deputy Community Development Director John
Morgan
Planning Manager Katie Crockett
Management Analyst Hannah Tamaddon
Led by Commissioner Brown
APPROVAL OF MINUTES- November 19, 2025
It was moved by Commissioner Brown and seconded by Commissioner Ferlauto to approve the Minutes of the November 19, 2025, Planning Commission Special meeting. The motion carried 3-0-2
AYES:
NOES:
ABSTAIN:
ABSENT:
Meihaus, Brown, Ferlauto
None
Green
Hayes
Planning Commission Minutes Page 1 of 5 December 9, 2025
PUBLIC COMMUNICATIONS
There were no Public Communications.
NOTICED PUBLIC HEARING ITEMS
1. Zoning Code Amendment ZCA 25-0002 (ADUs and JADUs) - PUBLIC HEARING - An ordinance amending various sections of the Laguna Niguel Municipal Code governing accessory dwelling units and junior accessory dwelling units and finding the action to be exempt from CEQA.
Recommended Action: That the Planning Commission open the public hearing, take public testimony, close the public hearing, and then and then take the following actions:
A. Find that adoption of Zoning Code Amendment ZCA 25-0002 is statutorily exempt from the California Environmental Quality Act under Public Resources Code section 21080 .17.
B. Adopt Resolution No. 25-08 (Attachment A) recommending that the City Council approve Zoning Code Amendment ZCA 25-0002 (Exhibit 1 to Attachment A).
Planning Manager Crockett provided presentation summarizing the proposed Zoning Code Amendment.
Commissioner Brown asked about the owner-occupancy provision for JADUs described in the staff report. Planning Manager Crockett explained that state law mandates the property owner must occupy either the JADU or the primary residence; therefore, if a JADU is present, the owner must live on the property.
She noted that as part of the 2025 legislative updates, the state removed the owner occupancy requirement under certain conditions. Specifically, the owner is no longer required to occupy a dwelling on the lot if the JADU includes its own bathroom. Under existing regulations, JADUs must have their own cooking facilities but may share a bathroom and with the primary dwelling. Under the new law, if a JADU has its own bathroom-functioning as a fully independent living unit-no owner-occupancy requirement applies. However, the requirement would remain if the JADU shares a bathroom with the primary residence.
Commissioner Brown asked about sanitation provisions and whether a JADU without dedicated sanitation facilities requires a separate entrance that does not provide access into the home. Planning Manager Crockett confirmed that there is no such mandatory requirement.
Commissioner Brown confirmed with Planning Manager Crockett that the state mandates 4- foot side and rear setbacks, and the City cannot impose more restrictive standards. He noted Planning Commission Minutes Page 2 of 5 December 9, 2025 that Laguna Niguel typically includes 5-foot side setbacks and greater rear setbacks in most single-family residential neighborhoods.
Planning Manager Crockett added that while the City's Zoning Code includes a 5-foot setback, the ADU ordinance must retain the 4-foot setback required by the state, as the City cannot be more restrictive.
Commissioner Green confirmed with Planning Manager Crockett that the City's ADU ordinance has previously been updated to comply with state law. Planning Manager Crockett explained that HCD reviews the City's ordinance each time it is updated to ensure compliance. She added that the state legislature passes Assembly Bills and Senate Bills, which become law once signed by the governor, typically taking effect on January 1. She stated that the City initially intended to complete only the required 2025 updates this year, but given the recurring nature of state changes, staff undertook a broader reformatting effort to streamline future annual updates.
Commissioner Green confirmed with Planning Manager Crockett that the proposed ADU ordinance is consistent with the Housing Element.
Vice Chair Meihaus inquired about the timeline for HCD's review of the updated ADU ordinance. Planning Manager Crockett responded that state law requires cities to submit ordinance updates to HCD within approximately 60 days. She noted that, as an example, the City submitted its 2024 ordinance update in January and received HCD's review letter in November. She emphasized that HCD does review the ordinances, making compliance especially important.
Vice Chair Meihaus confirmed with Planning Manager Crockett that there were no changes to parking standards in the recent update and noted that the City cannot impose more restrictive parking requirements.
Commissioner Brown asked staff to distinguish between ministerial, discretionary, and hearing-based approvals. Planning Manager Crockett explained that ministerial and discretionary approvals represent the two primary types of review authority available to the City. A hearing may or may not be required within the discretionary category. Ministerial approvals, such as ADU reviews, rely solely on objective standards-projects either meet the criteria or they do not. Discretionary approvals involve judgment and findings, and while many come before the Planning Commission, not all require a public hearing. Both types fall under discretionary review when staff or the Commission must exercise judgment in approving or denying a permit.
Commissioner Green confirmed with Planning Manager Crockett that building permits are ministerial reviews.
Commissioner Ferlauto commented that she appreciated staff's efforts to update the City's code in response to state-level changes. She noted that many residents have expressed concerns about ADUs and that it can be challenging to explain the limits of local control given the state mandates. She expressed appreciation for staff's work in keeping current with Planning Commission Minutes Page 3 of 5 December 9, 2025 updates that appear to be recurring annually and expressed hope that the state might reduce its oversight in the future.
Planning Manager Crockett added that part of the reason the City continues to update the ordinance is to retain local jurisdiction where permitted. She explained that while the City must comply fully with state standards for certain types of ADUs, other categories allow for limited local discretion. She emphasized that if the City fails to maintain a compliant ordinance, it loses all local authority, and state standards would apply exclusively. Staying current with required updates preserves the areas in which the City is still permitted to exercise local control.
Vice Chair Meihaus opened and closed the Public Hearing at 7:24 p.m.
Commissioner Brown stated that he appreciated the landscape and architectural requirements and asked whether they were state-mandated or added by the City. Planning Manager Crockett responded that these are the types of objective standards the City is allowed to include to enhance the aesthetics of ADUs, provided the City maintains a compliant ordinance. She noted that while the standards are limited, they help improve the visual quality of the units.
Vice Chair Meihaus thanked staff for staying on top of state-mandated requirements in order to remain in compliance and maintain the City's areas of jurisdiction.
It was moved by Commissioner Ferlauto and seconded by Commissioner Green to find that adoption of Zoning Code Amendment ZCA 25-0002 is statutorily exempt from the California Environmental Quality Act under Public Resources Code section 21080.17.
The motion carried 4-0-1.
AYES:
NOES:
ABSTAIN:
ABSENT:
Meihaus, Brown, Ferlauto, Green
None
None
Hayes
It was moved by Commissioner Brown and seconded by Commissioner Green to adopt Resolution No. 25-08 (Attachment A), recommending that the City Council approve Zoning Code Amendment ZCA 25-0002 (Exhibit 1 to Attachment A).
The motion carried 4-0-1.
AYES:
NOES:
ABSTAIN:
ABSENT:
Meihaus, Brown, Ferlauto, Green
None
None
Hayes
Planning Commission Minutes Page 4 of 5 December 9, 2025
OTHER BUSINESS
None
REPORTS AND COMMENTS
1. Planning Commission
None
2. Community Development Director and Staff
Community Development Director Orduna thanked the Commission for all their hard work this year and wished everyone a Happy Holidays.
ADJOURN
The meeting was adjourned at 7:30 p.m.
ATTEST:
Jonathan Orduna
Community Development Director
Brian Meihaus
Planning Commission Vice Chair
Planning Commission Minutes Page 5 of 5 December 9, 2025