Laguna Hills City Zoning Code
CHAPTER 9
68 ACCESSORY DWELLING UNITS
§ 9-68.010 Purpose and intent.
The purpose and intent of this chapter is to provide regulations concerning the development of accessory dwelling units (ADUs) within the city. In doing so, the city acknowledges its commitment to provide opportunities for development of low- and moderate-income housing for the community in keeping with its housing element and state law. It is the intent of this chapter to permit ADUs in conformance with state law subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of single-family residential neighborhoods. It is not the intent of this chapter to override lawful use restrictions as may be set forth in any applicable deed restrictions or covenants affecting real property.
(Prior code § 9-52.010; Ord. 98-8 § 2 (part); Ord. 2003-5 Exh. A § A (part); Ord. 2018-7 § 11 (part))
§ 9-68.020 Conforming ADUs.
An ADU that conforms to this chapter shall:
A.
Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located;
B.
Be deemed a residential use that is consistent with the general plan and the zoning designation for the lot upon which it is located;
C.
Not be considered in the application of any ordinance, policy, or program to limit residential growth; and
D.
Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.
(Ord. 2018-7 § 11 (part))
§ 9-68.030 Permitted use.
A.
A maximum of one ADU may be permitted within the estate residential, low density, medium low density, medium density and high density residential zones on a lot that includes a proposed or existing single-family dwelling.
B.
The city shall ministerially approve an application for a building permit to create within a zone for single-family use one ADU per single-family lot if the ADU is contained within the building envelope of (1) an existing legally established single-family residence, or (2) an existing legally established accessory structure, including, but not limited to, a studio, pool house, or other similar structure, that has independent exterior access from the existing residence, and the Community Development Director determines that the side and rear setbacks are sufficient for fire safety.
(Prior code § 9-52.030; Ord. 98-8 § 2 (part); Ord. 2003-5 Exh. A § A (part); Ord. 2018-7 § 11 (part))
§ 9-68.040 Permit procedures.
Prior to the issuance of a building permit for an ADU, the applicant shall obtain approval from the Community Development Director. ADUs are subject to the following processing procedures:
A.
An application must be submitted on a form approved by the Community Development Director. The application must demonstrate compliance with the requirements of Sections 9-68.030 and 9-68.050 and shall be submitted with the appropriate fee as may be approved by resolution of the City Council.
B.
The Community Development Director will review and approve complete ADU applications that comply with the requirements of Sections 9-68.030 and 9-68.050. The application shall be considered ministerially with no discretionary review or public hearing.
C.
The Community Development Director shall approve or deny an ADU application within one hundred twenty (120) days of receiving the complete application.
D.
Construction of an ADU is subject to any applicable fee adopted under the California Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(Ord. 2018-7 § 11 (part))
§ 9-68.050 Standards and criteria.
The following standards and criteria shall apply to all ADUs proposed for development:
A.
An ADU shall be either:
1.
Detached from the proposed or existing primary residence, but located on the same lot;
2.
Attached to the proposed or existing primary residence;
3.
Located within the living area of the proposed or existing primary residence (“living area” is defined as the interior habitable area of a dwelling unit, including basements and attics, but not including the garage); or
4.
Located within an existing accessory structure, such as a converted garage, carport, or other covered parking space, which conforms with all applicable building and safety standards for habitability.
B.
ADUs shall conform to the development standards for the zoning district in which they are located, including, but not limited to, setbacks, lot coverage, and height.
1.
No setback shall be required for an existing garage that is converted to an ADU.
2.
A setback of five feet from the side and rear property lines shall be required for an ADU constructed above an existing garage.
C.
ADUs located within the living area of the proposed or existing primary residence must have exterior access independent from the primary residence.
D.
ADUs must conform to the most recent building, engineering, and fire codes, including but not limited to the Mechanical Code, National Electrical Code, and Uniform Plumbing Code.
E.
The total floor area of floor space of an attached ADU shall not exceed fifty (50) percent of the proposed or existing primary residence living area or one thousand two hundred (1,200) square feet.
F.
The total area of floor space for a detached ADU shall not exceed one thousand two hundred (1,200) square feet.
G.
ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence.
H.
One off-street parking space shall be provided for an attached or detached ADU. The required parking space may be permitted in setback areas in locations approved by the Community Development Director or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. “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.
I.
Off-street parking spaces shall be replaced when a garage, carport or other covered parking is demolished or converted to a nonparking use in conjunction with the construction of an ADU. Replacement spaces may be located in any configuration on the same lot as the ADU, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by use of mechanical automobile parking lifts.
J.
Additional parking for the ADU is not required in any of the following circumstances. It is the responsibility of the applicant to demonstrate the applicable circumstance(s).
1.
The ADU is located within one-half mile of public transit.
2.
The ADU is located within an architecturally and historically significant historic district.
3.
The ADU is part of the proposed or existing primary residence or an existing accessory structure.
4.
When on-street parking permits are required but are not offered to the occupant of the ADU.
5.
When there is a car share vehicle located within one block of the ADU.
K.
The design, materials, and overall appearance of the ADU shall be generally consistent with the primary residence.
L.
Occupancy and Ownership.
1.
An ADU shall remain under the same ownership as that of the primary residence and shall not be sold or owned separately from the primary residence.
2.
The property owner must occupy either the primary residence or the ADU as his or her domicile.
3.
If rented, ADUs or the related primary residence shall not be rented for a term of less than thirty (30) days.
4.
Prior to issuance of a building permit for the ADU, a deed restriction shall be recorded against the title of the property in the County Recorder’s office and a copy filed with the Community Development Director. Said deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the city and shall provide that:
a.
The property shall include no more than one ADU;
b.
The ADU may not be sold, mortgaged, or transferred separately from the primary residence;
c.
The owner of the property shall occupy either the primary residence or ADU as his or her domicile;
d.
The ADU may not be rented on a short-term basis of less than thirty (30) days;
e.
The ADU is restricted to the approved size and other attributes as allowed by this chapter;
f.
The deed restriction runs with the land and may be enforced against future property owners; and
g.
The deed restriction may not be modified or terminated without the prior written consent of the Community Development Director.
M.
Utility Connections. An ADU shall have utility connections that conform to the city’s building and plumbing requirements.
1.
For an ADU described in Section 9-68.030B, an applicant shall not be required to install a new or separate utility connection directly between the ADU and the utility and the city shall not impose a related connection fee or capacity charge.
2.
For an ADU that is not described in Section 9-68.030B, the city may require a new or separate utility connection directly between the ADU and the utility and the connection may be subject to a connection fee or capacity charge.
N.
Passageway. No passageway shall be required in conjunction with the construction of an ADU. “Passageway” means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the ADU.
(Prior code § 9-52.040. Formerly 9-68.040; Ord. 98-8 § 2 (part); Ord. 2003-5 Exh. A § A (part); Ord. 2018-7 § 11 (part))
