STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
F
ebruary 26, 2025
J
ennifer Paige, AICP, Director
Planning & Community Development Department
City of Pasadena
175 Garfield Avenue
Pasadena, CA 91101
D
ear Jennifer Paige:
R
E: Review of Pasadena’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, §§ 66310 - 66342)
T
hank you for submitting the City of Pasadena’s accessory ADU Ordinance No. 7420 (Ordinance), adopted April 15, 2024, to the California Department of Housing and Community Development (HCD). The Ordinance was received on May 29, 2024. HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 66326, subdivision (a). HCD finds that the Ordinance fails to comply with State ADU Laws in the manner noted below. Pursuant to Government Code section 66326, subdivision (b)(1), 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 March 28, 2025.
Th
e Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law as follows:
1. S
enate Bill (SB) 1211 (Chapter 296, § 3, Statutes of 2024) – As of January 1, 2025, the Legislature changed Government Code section 66323. Subdivision (a)(4)(A)(ii) and (iii), now allows for the following:
o (
ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
o (iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.
A
ssembly Bill (AB) 2533 (Chapter 834, Statutes of 2024) - As of January 1, 2025, there are changes to Government Code section 66332. Subdivisions (a) and (b)
ATTACHMENT C
Jennifer Paige, Director
were changed and subdivisions (d) – (f) were added. Changes include permitting previously unpermitted ADUs, adding the same protections for JADUs, and setting additional requirements for local agencies. The County should review these new requirements and adjust the Ordinance to comply with State ADU Law.
2. Statutory Numbering - The Ordinance contains several references to code sections that were deleted by SB 477, effective March 25, 2024. These include Government Code sections 65852.2, 65852.22 and 65852.26. The contents of these sections were relocated to Government Code, Title 7, Division 1, Chapter 13 (sections 66310-66342, see Enclosure). The City must amend the Ordinance to refer to the correct Government Code sections.
3. Section 17.50.275 B.2. – Number of Units, Single-Family Lots – The Ordinance allows only one “exemption ADU” on lots with an existing or proposed single- family dwelling, which includes the ADUs in Government Code section 66323, subdivision (a)(1) and (2) and includes a junior accessory dwelling unit (JADU).
However, Government Code section 66323, subdivision (a), states, "Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single- family dwelling…(A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single family dwelling or existing space of a single-family dwelling or accessory structure." Paragraph (2) permits "[o]ne detached, new construction, accessory dwelling unit that does not exceed four- foot side and rear yard setbacks." The use of the term "any" followed by a list of permitted ADU types indicate that any of these ADU types can be combined on a lot zoned for single-family dwellings.
This permits a homeowner, who meets the specified requirements, to create one converted ADU; one detached, new construction ADU; and one JADU. Thus, if the local agency approves an ADU that is created from existing (or proposed) space, and the owner subsequently applies for a detached ADU (or vice versa) that meets the size and setback requirements of the subdivision, the local agency cannot deny the application, nor deny a permit for a JADU under this section. Therefore, the City must amend the Ordinance to provide for all ADU combinations described in Government Code section 66323.
4. 17.50.275.D.5.a.1. – Front Lot Line – The Ordinance states, “With the exception of Exemption ADUs, newly constructed ADUs shall comply with the front-yard setback requirements of the underlying zone.” However, Government Code section 66321, subdivision (b)(3) prohibits, “Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an [ADU], size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, Jennifer Paige, Director
and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four foot side and rear yard setbacks to be constructed in compliance with all other local development standards.” (emphasis added). The City’s Ordinance limits attached ADUs of 800 square feet from existing in the front set back. Therefore, the City must amend the ordinance to clarify this additional exception.
5. 17.50.275.D.5.c.1. – Attached New Construction ADU Height – The Ordinance states that attached new construction ADUs “Shall not exceed 25 feet and two stories in height or the maximum permitted in the underlying zone, whichever is less when attached to an existing or proposed single-family dwelling.” However, Government Code section 66321, subdivision (b)(4)(D) precludes a local agency from requiring less than “A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for [ADU] that is attached to a primary dwelling. This subparagraph shall not require a local agency to allow an [ADU] to exceed two stories.” (Emphasis added). Two stories are provided for, no more. The City’s Ordinance provides for the second story ambiguously, which might lead to the second story being seen as options, thus possibly limiting development. Therefore, the City should amend the Ordinance to clarify that the second story is not optional.
6. 17.50.275.D.6. – Attached New Construction ADU Height – The Ordinance states, “One parking space per unit or bedroom whichever is less, shall be provided on-site for the accessory dwelling unit....” However, Government Code section 66323, subdivision (b) requires that no development or design standards not contained within section 66323 can be imposed on such a unit. The City’s Ordinance does not indicate that the parking and circulation standards do not apply to section 66323 ADUs. Therefore, the City must clarify that section 66323 ADUs (“Exemption ADU” units) have no parking requirements.
The City has two options in response to this letter.
1 The City can either amend the Ordinance
to comply with State ADU Law2 or adopt the Ordinance without changes and include findings in its resolution adopting the Ordinance that explain the reasons the City believes that the Ordinance complies with State ADU Law despite HCD’s findings. 3 If the City fails to take
either course of action and bring the Ordinance into compliance with State ADU Law, HCD must notify the City and may notify the California Office of the Attorney General that the City is in violation of State ADU Law.
4 1 Gov. Code, § 66326, subd. (c)(1).
2 Gov. Code, § 66326, subd. (b)(2)(A).
3 Gov. Code, § 66326, subd. (b)(2)(B).
4 Gov. Code, § 66326, subd. (c)(1).
Jennifer Paige, Director
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 Michael McLaughlin at [email protected] if you have any questions.
Sincerely,
Jamie Candelaria
Senior Housing Accountability Manager
Housing Policy Development Division
Enclosures
State ADU/JADU Law Statutory Conversion Table
New Government Code Sections Previous Government Code Sections Article 1. General Provisions
66310 65852.150 (a)
66311 65852.150 (b)
66312 65852.150 (c)
66313 General Definition Section
65852.2 (j)
65852.22 (j)
Article 2. Accessory Dwelling Unit Approvals
66314 65852.2(a)(1)(A), (D)(i)-(xii), (a)(4)-(5)
66315 65852.2 (a)(8)
66316 65852.2 (a)(6)
66317 65852.2 (a)(3), (a)(7)
66318 65852.2 (a)(9), 65852.2 (a)(2)
66319 65852.2 (a)(10)
66320 65852.2 (b)
66321 65852.2 (c)
66322 65852.2 (d)
66323 65852.2 (e)
66324 65852.2 (f)
66325 65852.2 (g)
66326 65852.2 (h)
66327 65852.2 (i)
66328 65852.2 (k)
66329 65852.2 (l)
66330 65852.2 (m)
66331 65852.2 (n)
66332 65852.23.
Article 3. Junior Accessory Dwelling Units
66333 65852.22 (a)
66334 65852.22 (b)
66335 65852.22 (c)
66336 65852.22 (d)
66337 65852.22 (e)
66338 65852.22 (f)-(g)
66339 65852.22 (h)
Article 4. Accessory Dwelling Unit Sales
66340 65852.26 (b)
66341 65852.26 (a)
66342 65852.2 (a)(10)