Agoura Hills planning commission unanimously recommends rewrite of ADU rules to match state law

Agoura Hills 9999

The Agoura Hills Planning Commission on a 5-0 vote recommended that the City Council adopt a rewritten accessory dwelling unit ordinance designed to bring the city—s code into compliance with recent state legislation, including Senate Bill 543.

City planner Katrina told commissioners the city—s 2021 ADU ordinance has become inconsistent with state law changes passed since adoption and that staff proposes a full repeal and replacement to make local code clearer and easier to administer. "State law now controls a number of elements, including setbacks, height and owner-occupancy for junior ADUs," Katrina said, summarizing the staff recommendation.

Why it matters: The ordinance change narrows where the city may regulate ADUs and clarifies which units are "state-exempt." Under the proposed code, some ADUs that meet state-protected thresholds will be regulated primarily by state law, limiting local controls on lot coverage, setbacks and architectural requirements for those units. The rewrite is intended to reduce confusion for applicants and staff and to ensure consistent application of state rules.

Key details: The draft ordinance and staff presentation identified multiple technical changes: - State-protected detached ADUs: detached units up to 800 square feet (interior livable space) and with 4-foot side and rear yard setbacks will be treated as state-protected when they meet statutory thresholds. - Junior ADUs (JADUs): conversions within an existing single-family residence or attached garage up to 500 square feet of interior livable space are classified as JADUs. Owner-occupancy requirements will apply to JADUs only, per state code. - Floor-area calculation: SB 543 changes the way floor area is calculated, moving to interior livable square footage (bedrooms, kitchen, living areas) rather than gross floor area measured to exterior walls. Katrina said staff incorporated that change into the proposed ordinance. - Multifamily lots: existing multifamily properties may build up to eight detached ADUs (but not exceed the number of existing units); proposed new multifamily developments would be limited to two ADUs under the draft rules. - Height and separation: state standards for height apply (typical detached ADU heights cited were 16 feet standard, and up to 18 feet in some single-family or multistory conditions); the city may require a 10-foot separation between a detached ADU and the primary residence when the unit exceeds state thresholds and is subject to local regulation. - Short-term rentals: because state law restricts the city—s ability to require deed restrictions on many ADUs, staff proposed adjusting short-term rental prohibitions so the city can still enforce a minimum rental term (30 days) for ADUs where permitted by law. Staff uses an online platform to monitor short-term rental listings and requires permits when properties are listed for stays under 30 days.

Questions and context: Commissioners repeatedly expressed concern that recent state actions limit local control on setbacks, occupancy and design. Vice Chair Reinhart and others said they were troubled that cities have reduced ability to address neighborhood impacts, fire safety or concentration of rental units. Staff answered that while the city—s discretionary authority is narrower for state-protected ADUs, the draft ordinance preserves what local control remains (for example, architectural compatibility and certain setback/height rules for nonexempt ADUs) and clarifies administration to reduce permitting delays.

Local activity and projections: Staff said at least 100 ADUs have been processed or are in process in Agoura Hills; the housing element estimate in the staff report projects roughly 10 ADUs per year, with recent years showing 10 to 15 per year. Katrina said the rewrite is intended to reduce confusion for applicants and staff and to create an internal guidance document to keep local practice aligned with future state changes.

Next steps: The Planning Commission—s 5-0 recommendation forwards the repeal-and-replace ordinance to the City Council, where the item will receive further public comment and additional deliberation before any final adoption.