Laguna Beach to apply modifications to ADU ordinance after Coastal Commission input

Laguna Beach will update a zoning ordinance and local coastal program amendment regarding accessory dwelling units, or ADUS, bringing its regulations in step with recently passed state law.

The city sought to weigh in on the regulation of the secondary housing units in December 2021. The California Coastal Commission approved the city’s local coastal program, with modifications, on Feb. 9.

The Laguna Beach City Council unanimously backed the changes in an effort to preserve some local control with respect to ADUs, commonly known as “granny flats.” Had the council not approved the ordinance as revised, city officials said the new state law would become the default.

“This ordinance does provide for some requirements that the ADU be compatible with the main residence, so you can’t have it appear to be two separate residences on the property,” Community Development Director Marc Wiener said. “It also would implement the city’s lighting standards. … It also provides regulations for outdoor living space in association with ADUs. …

“It establishes greater setback regulations than what the state would require, which is 4 feet from the front and the rear property lines. Under this ordinance, we can apply the setbacks from watercourses, bluff tops, [and] other environmentally sensitive areas where we feel it’s appropriate.”

Wiener added that the ordinance also clarifies the application process for ADUs, specifying which components require design review.

Among the modifications, the Coastal Commission requested that detached accessory dwelling units be given a height allowance of 18 feet. There will also be a by-right allowance for attached, second-story ADUs, incorporating a maximum height of 25 feet or the height allowed for the primary dwelling within the property’s zone, whichever is lower.

Parking must be replaced when a garage is converted into an accessory dwelling unit. The replacement parking may be uncovered, located in the front or side yard setbacks, and placed in a tandem configuration.

When the ordinance goes into effect, city staffers will have 60 days to make a decision on whether to approve an application for an accessory dwelling unit. If an application is denied, a list of the remaining requirements to be satisfied should be provided to the applicant.

The council directed staff to look further into possibilities for addressing replacement parking concerns surrounding garage conversions. The panel also wished to revisit the 25-foot height allowance.

“I think the biggest concern I have, sounds like others have up here, is this 25-foot, by-right second story,” Mayor Bob Whalen said. “Hopefully, neighbors will be good neighbors, and architects will work, but there’s going to be situations where it’s just going to be a wipeout for people, it’s going to be a really bad outcome.”

Whalen surmised that the city could look into limiting second-story square footage in the zoning code to reduce the impact on neighboring views.

The city’s accessory dwelling unit ordinance and a resolution accepting the modifications to its local coastal program will go back to the Coastal Commission for certification.