In line with new state laws regarding granny flats or casitas, the Laguna Beach City Council has approved the first reading of the new ADU ordinance.
From City of Laguna Beach: At its meeting Tuesday August 7, the Laguna Beach City Council made amendments to and adopted a first reading of its ordinance regarding Accessory Dwelling Units (ADUs) or second residential units on a property. The ordinance has been expanded, rewritten and reorganized.
State regulations regarding ADUs took effect on January 1, 2017 and aim to address the California housing shortage by encouraging the development of affordable housing options for seniors, students, the disabled, relatives and in-home health care providers.
Existing ADU Structures
ADUs are permitted within an existing structure on any lot where a single-family dwelling currently exists but requires owner-occupancy of either the primary or accessory unit. Proposed ADUs located entirely within a single-family residence, or permitted accessory structure, do not need to meet additional parking requirements or other development standards shown below for new ADU structures.
Ordinance as it Pertains to New ADU Structures
The City’s Municipal Code will only regulate new construction of an ADU, whether it is attached or detached. For new attached or detached ADUs, the following standards apply:
-Minimum lot size for an ADU is 6,000 square feet -Maximum ADU size depends on lot size, not to exceed 750 square feet and is determined by 7% of the lot size (6,000 sq. ft. lot x 7% = 420 sq. ft. ADU). The unit size may be increased to 10% of the lot size if dedicated as low- to moderate-income, or senior unit-Maximum ADU building height is 12’, anything higher is subject to Design Review approval
Parking Exemptions for New ADUs
There is an exemption from State parking requirements for new attached or detached ADUs if the ADU is located within one-half mile of public transit, as defined by the City as OCTA Bus Routes and the City’s Mainline Transit System consisting of regular non-seasonal route public transit.
However, the State parking exemption for new attached and detached ADUs will not apply if there is less than a 28-foot paved right-of-way width (includes 8-foot wide on-street parking lane), or 36-foot paved right-of-way width (includes two 8-foot wide on-street parking lanes), for the front of a property, which is to ensure emergency vehicle accessibility. Additionally, that width clearance must be maintained in either direction to the intersections adjacent to the property. If the street width cannot be met, one onsite parking space is required and can be uncovered; or an owner may construct one new public on-street parking space as parking for an ADU.
Replacement Parking Requirements for Garages Converted to an ADU
Replacement parking for the conversion of an existing garage into an ADU must be provided as covered, uncovered or tandem.
An ADU may not be operated at any time as a short-term lodging unit, and an ADU enforcement and monitoring program will be developed as part of this ordinance.
When will the Ordinance be approved?
The Ordinance will undergo a second reading at a date to be determined before it goes into effect. To the best of our knowledge this second reading will take place after September, when Sacremento reconvenes on the subject of ADUs.
A new, proposed bill (AB-2890) would, among other things, prohibit the imposition of lot coverage standards or requirements on minimum lot size, lot coverage, or floor area ratio, and would prohibit an ordinance from establishing size requirements for accessory dwelling units that do not permit at least an 800 square foot unit of at least 16 feet in height to be constructed. Furthermore the new bill suggests that one or more ADUs should be allowed on one property, and that the permit time-frame should be cut back to 60 days.
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While we try to be as accurate as possible in our reporting, laws, bills, ordinances, and other regulations may change without notice. Navigating local laws can be challenging and building ordinances can be extensive and complicated. Please contact the City of Laguna Beach for current laws and regulations on the subject of Accessory Dwelling Units.