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La Habra planners recommend ADU rule changes to align city code with state law
Summary
The Planning Commission voted 4-0 to recommend that City Council amend definitions and accessory dwelling unit (ADU) standards in Title 18 to conform with recent state ADU laws, clarifying approvals, demolition/permit timing, parking exceptions, owner‑occupancy, and objective design standards.
The La Habra Planning Commission voted 4-0 on May 20, 2025, to recommend that City Council adopt an ordinance amending Title 18 of the La Habra Municipal Code to bring the city’s accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU) regulations into compliance with recent state law changes.
Sonia Louie, planning manager, summarized the amendments in Zone Change 25‑0002, saying the updates revise definitions, clarify that ADU and JADU permit decisions must be made within 60 days, require written deficiencies when an application is denied, and allow coordinated issuance of demolition permits and ADU permits when an existing detached garage must be removed.
Louie said state law changes that the city must adopt include allowing up to eight detached ADUs for existing multifamily structures and up to two detached ADUs for proposed multifamily buildings, clarifying size limits for attached ADUs (not to exceed 50% of the existing primary dwelling), and specifying that front‑setback waivers may be applied to allow an 800‑square‑foot ADU where state law requires. The proposed code would also prohibit denial of an ADU or JADU because of nonconforming zoning conditions or unpermitted structures that do not create a public health or safety threat, and it would prohibit denying ADUs/JADUs constructed before Jan. 1, 2020 solely for being unpermitted.
On parking, Louie said the draft expands statutory parking exceptions and states the city “shall not impose parking standards for an ADU in conjunction with an application to create a new single family dwelling or multifamily dwelling on the same lot.” The update separates JADU standards from ADU standards, clarifies owner‑occupancy rules (owner occupancy will not apply to ADUs but may apply to JADUs in limited circumstances), and adopts a 31‑day minimum rental term for ADUs and JADUs.
Louie said staff will require basic objective design standards, such as a minimum of three architectural treatments on any street‑facing ADU elevation.
Staff indicated the revisions respond to typographical comments from an email submitted that day by James Lloyd, Director of Planning and Investigations at the California Housing Defense Fund; staff provided a revised resolution and ordinance copies to commissioners. The commission asked clarifying questions about street parking permits; staff replied permits are governed by separate city policy and that the city cannot deny ADUs solely for lacking on‑site parking when state law provides an exception.
One commissioner expressed concern that recent state ADU mandates reduce local control and may conflict with the city’s general‑plan goal for “livable neighborhoods,” asking staff to consider providing that comment to City Council. The commission then voted 4-0 to recommend that City Council adopt the ordinance and the revised resolution; the item will now be forwarded to council for final action.
The commission was provided revised ordinance language and a response to the Housing Defense Fund email at the dais prior to the vote.
