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Agenda Item No: 1.d
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: March 17, 2026
Submitted by: Joe Lambert
From: Development Services
Subject:
SECOND READING AND ADOPTION OF ORDINANCE NO. 0-2026-01, AMENDING CHAPTER 23.73 OF THE PLACENTIA MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS (ADUS) AND JUNIOR ACCESSORY DWELLING UNITS (JADUS) IN ACCORDANCE WITH STATE LAW (ZONING CODE AMENDMENT NO. ZCA 2026-01) Financial Impact:
Fiscal Impact:
None.
Summary:
The City regulates Accessory Dwelling Units (ADUs) via Section 23.73, of the Placentia Municipal Code. Certain components of these regulations, as well as other related City regulations, do not comply with certain new State laws. Therefore, updates to the Placentia Municipal Code (PMC) are necessary to achieve compliance with recent State legislation. The City's regulations related to ADUs were last updated in July 2025, in response to the 2024 State legislative actions. Since that time, the legislature has adopted additional legislation amending ADU and Junior ADU regulations. If a City does not have an ADU ordinance that is compliant with State law, then any applications submitted will be processed under the State law requirements without any local standards. Ordinance No. 0-2026-01, was introduced for First Reading at the City Council meeting of February 17, 2026.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Find that adoption of Ordinance No. 0-2026-01, is statutorily exempt under CEQA Guidelines Section 15282(h) and is categorically exempt under the common sense exemption of CEQA Guidelines Section 15061(b)(3); and
2. Waive full reading, by title only, and adopt Ordinance No. 0-2026-01, an Ordinance of the City Council of the City of Placentia, California, amending Chapter 23.73 of the Placentia Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units in accordance with State law.
Strategic Plan Statement:
This item aligns with and advances City Council Vision Statement Goals No. 4: Economic Development and Goal No. 5: Organizational Excellence. It supports adopted Housing Element strategies by creating opportunities for additional housing at a variety of price points, 1 which in turn promotes economic development through increased construction activity.
Ensuring local regulations remain consistent with State law also furthers organizational excellence.
Discussion:
The City's regulations related to ADUs were significantly updated in February 2020, in response to the 2019 State legislative actions. Most recently, the ADU regulations currently in effect were adopted by City Council in July 2025. Since the adoption of Ordinance No. 0- 2025-05, the legislature has adopted several bills including: SB 543, AB 462 and AB 1154, amending ADU and Junior ADU regulations, necessitating this contemplated Code Amendment. If a City does not have an ADU ordinance that is compliant with State law, then any applications submitted will be processed under the State law requirements without any local standards.
On January 20, 2026, the City of Placentia Planning Commission held a public hearing and recommended that the City Council adopt a Categorical Exemption for this item and recommended approval of ZCA 2026-01. On February 17, 2026, City Council held a public hearing and subsequently introduced Ordinance No. 0-2026-01, for first reading.
Fiscal Impact Summary:
No fiscal Impact.
Attachments
1.ADU Ordinance No. 0-2026-01
2 ORDINANCE NO. 0-2026-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, AMENDING CHAPTER 23.73
OF THE PLACENTIA MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS IN ACCORDANCE WITH
STATE LAW
City Attorney's Summary
This Ordinance amends Chapter 23.73 of Title 23 (Zoning) of the Placentia Municipal Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to be in compliance with changes to state law.
WHEREAS, on February 19, 2019, the City Council adopted Ordinance No. 0- 2019-01, creating regulations for accessory dwelling units in accordance with state law; and
WHEREAS, since the time of the adoption of Ordinance No. 0-2019-01, the state has made additional amendments to the Government Code relating to accessory dwelling units and junior accessory dwelling units and the City Council adopted Ordinance No. 0- 2025-05 on July 15, 2025, updating Chapter 23.73, Accessory and Junior Accessory Dwelling Units, of the Placentia Municipal Code to be in compliance with state law; and WHEREAS, this Ordinance is again amending Chapter 23.73, to be in compliance with recent changes made to state law regarding accessory dwelling units and junior accessory dwelling units; and
WHEREAS, on January 20, 2026, the Planning Commission of the City of Placentia held a duly noticed public hearing at which time it considered all evidence presented, whether written or oral; and
WHEREAS, after the close of the public hearing the Planning Commission recommended that the City Council adopt this Ordinance; and WHEREAS, on February 17, 2026, the City Council of the City of Placentia held a duly noticed public hearing at which time it considered all evidence presented, whether written or oral; and
WHEREAS, the City desires to amend its regulations to comply with state law.
NOW, THEREFORE, THE CITY OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:
Ordinance No. 0-2026-01
3 SECTION 1. Section 23.73.030 of Chapter 23.73 of the Placentia Municipal Code is hereby amended as follows:
§ 23.73.030. Ministerial review for junior and accessory dwelling units.
A. A person may not combine accessory dwelling units or iunior accessory dwelling units approved under section 23.73.080 with any other accessory dwelling unit otherwise authorized by this Chapter.
B. The City shall determine whether an application for an accessory dwelling unit or iunior accessory dwelling unit is complete within fifteen (15) business days after receipt of the application.
(1) If the City determines the application is incomplete, it shall provide the applicant with a list of incomplete items and a description of how the application may be made complete within the fifteen (15) business daytime period. (2) If a determination is not made within the fifteen (15) business days, the application or any resubmitted application shall be deemed to be complete.
Applications for junior and accessory dwelling units shall be ministerially processed within sixty (60) days of receipt of a complete application and approved if they meet the requirements of this chapter.
(1) The city shall grant a delay if requested by the applicant. (2) If the application is submitted in conjunction with an application for a new single-family or multi -family residential dwelling, the application for the junior or accessory dwelling unit shall not be acted upon until the application for the new single-family or multi- family residential dwelling is approved, but thereafter shall be ministerially approved within sixty (60) days if it meets all requirements of this chapter. (3) If the application is denied, the city shall return a full set of comments in writing to the applicant with a list of items that are defective or deficient with a description of how the application can be remedied by the applicant. These comments shall be provided to the applicant within sixty (60) days of a complete application. (4) If a detached garage is to be replaced with an accessory dwelling unit, the demolition permit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
(5) Notwithstanding the above, if the applicant uses a plan for an accessory dwelling unit that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within 30 days from the date of a complete application.
Ordinance No. 0-2026-01
4 D. An applicant may appeal a denial of an application or a determination that an application is incomplete to the Planning Commission and the City Council within five (5) days of the City's decision. A final written determination shall be provided to the applicant no later than sixty (60) business days after the receipt of the written appeal.
SECTION 2. Section 23.73.080 of Chapter 23.73 of the Placentia Municipal Code is hereby amended as follows:
§ 23.73.080. Mandatory approvals.
(1) Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed- use zone:
(A) A junior and/or accessory dwelling unit within the existing or proposed space of a single- family dwelling or accessory structure. (i) An expansion of up to one hundred fifty (150) square feet shall be allowed in an accessory structure solely for the purposes of accommodating ingress and egress.
(ii) The junior or accessory dwelling unit shall have exterior access separate from the existing or proposed single-family dwelling. (iii) The side and rear setbacks shall be sufficient for fire and safety.
(iv) If the unit is a junior accessory dwelling unit, it shall comply with the requirements of Section 23.73.090 below.
(B) One detached accessory dwelling unit that does not exceed four (4) foot side and rear yard setbacks on a lot with an existing or proposed single-family dwelling, provided that the unit shall not be more than eight hundred (800) square feet and shall comply with the height limitation as set forth in section 23.73.060(b)(4) above.
A junior accessory dwelling unit may be developed with this type of detached accessory dwelling unit and shall comply with all requirements of Section 23.73.090 below. (C) On a lot with a multifamily dwelling structure, up to twenty-five (25) percent of the total multifamily dwelling units, but no less than one (1) unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
(D) On a lot with an existing or proposed multifamily dwelling structure, detached accessory dwelling units as set forth in (A) and (B) below, provided that Ordinance No. 0-2026-01
5 complies with the height limitations in section 23.73.060(b)(4) above and has at least four (4) foot side and rear yard setbacks. If the existing multifamily dwelling has a rear or side setback of less than four (4) feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approval.
(i) On a lot with an existing multifamily dwelling, not more than eight (8) detached accessory dwelling units. The total number of detached accessory dwelling units shall not exceed the number of existing units on the lot. (ii) On a lot with a proposed multifamily dwelling, not more than two (2) detached accessory dwelling units.
For those accessory dwelling units which require mandatory approval, the city shall not require the correction of legal, nonconforming zoning conditions. The development standards allowed for these mandatory units shall be as set forth in Government Code Section 66323. If there is a conflict between this Chapter and Government Code Section 66323, Section 66323 shall control.
SECTION 3. Section 23.73.090 of Chapter 23.73 of the Placentia Municipal Code is hereby amended as follows:
§ 23.73.090. Junior accessory dwelling units.
(1) One junior accessory dwelling unit shall be allowed in a single-family residential zone within the footprint of an existing or proposed single-family dwelling, including attached garage, not exceeding five hundred (500) interior livable square feet. (2) The junior accessory dwelling unit shall be required to contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.
(3) The junior accessory dwelling unit shall be required to have a separate entrance from the primary residence.
(4) The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-family residence and shall have direct access to the single-family residence from the interior of the junior accessory dwelling unit.
(5)
No additional parking shall be required for a junior accessory dwelling unit. (6) A junior accessory dwelling unit shall be required to comply with applicable building standards.
Ordinance No. 0-2026-01
Page4of7
6 (7) The owner of property on which a junior accessory dwelling unit is constructed shall be required to record a deed restriction which shall run with the land and shall provide for the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence.
(B) A restriction that prohibits the junior accessory dwelling unit from being enlarged beyond five hundred (500) interior livable square feet. (C) A restriction from renting the junior accessory dwelling unit or the primary residence for less than thirty (31) consecutive, calendar days. (D) A restriction that the owner resides in either the primary residence or the junior accessory dwelling unit. Notwithstanding the foregoing:
(i) The owner may rent both the primary residence and junior accessory dwelling unit to one party with a restriction in the lease that that such party may not further sublease any unit or portion thereof.
(ii) This restriction shall not apply if the owner of the single-family residence is a governmental agency, land trust, or housing organization. (iii) This restriction shall not apply if the junior accessory dwelling does not share the sanitation facilities with the existing structure. (E) A statement that the deed restrictions may be enforced against future purchasers. A copy of the recorded deed restriction shall be filed with the community development department.
(8) For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered to be a separate or new dwelling unit.
(9) For those accessory dwelling units which require mandatory approval, the City shall not require the correction of legal, nonconforming zoning conditions, including building code violations or unpermitted structures unless the structure falls within
23.73.070(4).
(10) Fees. The applicant must pay all required fees which may be set by the city council by resolution, including, but not limited to, fees for staff to review the project, permit and inspection fees.
Ordinance No. 0-2026-01
7 (11) Junior accessory dwelling units shall comply with all applicable building standards code requirements. However, fire sprinklers shall not be required in any iunior accessory dwelling unit if they were not required in the primary unit. Creation of a iunior accessory dwelling unit shall not tripper fire sprinklers to be installed in existing rnultisingle-family dwelling units.
SECTION 4. CEQA. This Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15282(h) which provides a statutory exemption for the adoption of an ordinance regarding accessory dwelling units to implement the provisions of the Government Code. Regardless of whether the City adopts this Ordinance, accessory dwelling units and junior accessory dwelling units must be allowed in the City in accordance with the standards set forth in the Government Code. Therefore, this Ordinance is categorically exempt under the common sense exemption of CEQA Guidelines section 15061(b)(3) which provides that CEQA does not apply where it can be seen with certainty that the project will not have any significant impacts on the environment.
SECTION 5. Effective Date. This Ordinance shall take effect on the 31st day after adoption.
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional.
SECTION 7. Certification. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.
SECTION 8. Transmission to HCD. The Director of Development Services shall send a copy of this Ordinance to the Department of Housing and Community Development as required by State law.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on the 17th day of February 2026.
Ordinance No. 0-2026-01
8 PASSED, APPROVED AND ADOPTED this 17th day of March 2026.
Chad P. Wanke, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 17th day of February 2026, and was finally adopted at a regular meeting held on the 17th day of March 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Ordinance No. 0-2026-01
9