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Planning commission forwards ADU ordinance update to city council after 4–1 vote
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Summary
The La Habra Heights Planning Commission voted 4–1 on April 28 to recommend that the City Council adopt a city ordinance updating chapter 7.28 to align accessory dwelling unit (ADU) rules with recent state law; commissioners debated setbacks, maximum sizes, parking and deed‑restriction language before forwarding the measure.
La Habra Heights — The Planning Commission voted 4–1 on April 28 to recommend that the City Council adopt an ordinance updating the city’s accessory dwelling unit (ADU) and junior ADU code to reflect recent changes in state law.
Staff presented a draft ordinance and a redline showing deletions and additions required by the state. Rafferty, the community development staffer who presented the report, said the changes respond to guidance from the California Department of Housing and Community Development and that the draft is intended to bring local code into compliance.
Commissioners questioned several provisions they said would limit local discretion. Commissioner Laura Hess asked about a provision that “the city will not deny an ADU application due to a nonconforming zoning condition,” calling that language surprising because it appears to allow conversion of unpermitted or nonconforming structures unless they pose an immediate health or safety threat. Rafferty said that the shift stems from state law and that some older code provisions have been preempted.
Some commissioners expressed broader objections to state constraints. Commissioner Rick Brooks said he “doesn’t like the fact that the state can override our city government,” while Commissioner Steven Blagdon urged careful attention to definitions for multifamily lots, setbacks and measurement of interior living space.
Staff explained technical points including different size thresholds tied to whether an ADU can bypass local planning review and move straight to building permits. The draft retains a local cap the city previously set at 1,000 square feet even though state statutes allow larger maximums in some circumstances, staff said.
The commission opened and immediately closed the public hearing (no public speakers) and then debated motions. A motion to approve the draft as written passed 4–1: Commissioners Kim Lucas, Rick Brooks, Laura Hess and the chair voted yes; Commissioner Steven Blagdon voted no.
The commission’s action is a recommendation to the City Council; the ordinance and the commission’s resolution will be forwarded for Council consideration and formal adoption. The council is listed as the next body to consider the item.
What happens next: The City Council will take up the ordinance at its scheduled meeting; because the changes respond to state law, staff said portions of the update are required rather than optional.
