La Habra Heights Municipal Code Ch. 7.28 Accessory Dwelling Units and Junior Accessory Dwelling Units

The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. (Ord. 2020-04 § 2; Ord. 2023-01 § 4 (Exh. A); Ord. 2026-01, 6/8/2026)

An ADU or JADU that conforms to the standards in this chapter will not be:

A. Deemed to be inconsistent with the City's General Plan and Zoning designation for the lot
on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy, or program to limit residential
growth.

D. Required to correct a nonconforming zoning condition, as defined in Section 7.28.030(I).
This does not prevent the City from enforcing compliance with applicable building
standards in accordance with California Health and Safety Code Section 17980.12.
(Ord. 2020-04 § 2; Ord. 2023-01 § 4 (Exh. A); Ord. 2026-01, 6/8/2026)

A. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety
Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and
Safety Code.

B. "Accessory structure" means a structure that is accessory and incidental to a dwelling
located on the same lot.

C. "Complete independent living facilities" means permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family or multifamily
dwelling is or will be situated.

D. "Efficiency kitchen" means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in
relation to the size of the JADU.

E. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the
following:

1. It is no more than 500 square feet of interior livable space in size.

2. It is contained entirely within an existing or proposed single-family dwelling. An
enclosed use within the residence, such as an attached garage, is considered to be a
part of and contained within the single-family dwelling.

3. It includes its own separate sanitation facilities or shares sanitation facilities with the
existing or proposed single-family dwelling.

F. "Livable space" means a space in a dwelling intended for human habitation, including
living, sleeping, eating, cooking, or sanitation.

G. "Living area" means the interior habitable area of a dwelling unit, including basements and
attics, but does not include a garage or any accessory structure.

H. "Multifamily dwelling" or "multifamily lot" means a property that has two or more
permitted attached dwellings on a single lot.

I. "Nonconforming zoning condition" means a physical improvement on a property that does
not conform with current zoning standards.

J. "Passageway" means a pathway that is unobstructed, clear to the sky, and extends from a
street to one entrance of the ADU or JADU.

K. "Proposed dwelling" means a dwelling that is the subject of a permit application and that
meets the requirements for permitting.

L. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

M. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (Ord. 2020-04 § 2; Ord. 2023-01 § 4 (Exh. A); Ord. 2026-01, 6/8/2026)

The following approvals apply to ADUs and JADUs under this chapter:

A. Building Permit Only. If an ADU or JADU complies with each of the general
requirements in Section 7.28.050, it is allowed with only a building permit in the following
scenarios. The City shall not impose any objective development or design standard that is
not authorized by this subsection (A):

1. Converted on Single-Family Lot. One ADU as described in this subsection (A)(1) and
one JADU on a lot with a proposed or existing single-family dwelling on it, where the
ADU or JADU:

a. Is either: within the space of a proposed single-family dwelling; within the
existing space of an existing single-family dwelling; or (in the case of an ADU
only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and
egress.

b. Has exterior access that is independent of that for the single-family dwelling.

c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable
building and fire codes.

d. The JADU complies with the requirements of Government Code Section66313
and Article 3 of Chapter 13 of Division 1 of Title 7 of the Government Code.

2. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a
lot with a proposed or existing single-family dwelling (in addition to any JADU that
might otherwise be established on the lot under subsection (A)(1) of this section), if
the detached ADU satisfies each of the following limitations:

a. The side- and rear-yard setbacks are at least four feet.

b. The total floor area is 800 square feet of livable space or smaller.

c. The peak height above grade does not exceed the applicable height limit in
Section 7.28.050(B).

3. Converted on Multifamily Lot. One or more ADUs within portions of existing
multifamily dwelling structures that are not used as livable space, including but not
limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if
each converted ADU complies with State building standards for dwellings. Under this
subsection (A)(3), at least one converted ADU is allowed within an existing
multifamily dwelling, up to a quantity equal to 25% of the existing multifamily
dwelling units.

4. Limited Detached on Multifamily Lot. No more than eight detached ADUs on a lot
that has an existing multifamily dwelling, provided that the number of ADUs does not
exceed the number of existing units on the lot, and no more than two detached ADUs
on a lot with a proposed multifamily dwelling if each detached ADU satisfies both of
the following limitations:

a. The side- and rear-yard setbacks are no more than four feet. If the existing
multifamily dwelling has a rear or side yard setback of less than four feet, the
City will not require any modification to the multifamily dwelling as a condition
of approving the ADU.

b. The peak height above grade does not exceed the applicable height limit
provided in Section 7.28.050(B).

B. ADU Permit.

1. Except as allowed under subsection (A) of this section, no ADU may be created
without a building permit and an ADU permit in compliance with the standards set
forth in Sections 7.28.050 and 7.28.060.

2. The City may charge a fee to reimburse it for costs incurred in processing ADU
permits, including the costs of adopting or amending the City's ADU ordinance. The
ADU-permit processing fee is determined by and approved by the City Council by resolution for costs incurred.

C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without discretionary
review or a hearing.

2. The City must determine whether an application to create or serve an ADU is
complete and provide written notice of this determination to the applicant not later
than 15 business days after the permitting agency received the application. If the City
does not make a timely completeness determination, the application or resubmitted
application shall be deemed complete.

a. If the City determines an application is incomplete, the permitting agency shall
provide the applicant with a list of incomplete items and a description of how
the application can be made complete. The list and description shall be provided
with the written notice.

b. After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the permitting agency. In reviewing an applicant's additional application, the City shall not require the application to include an item that was not included in the list from the written notice. The City must provide written notice to the applicant of its completeness determination for the additional application not later than 15 business days after it received the application.

c. If a permit is deemed incomplete or denied, the applicant may appeal the
decision in writing to the City Manager. The permitting agency on appeal must
provide a final written determination by not later than 60 business days after
receipt of the applicant's written appeal. The fact that an appeal is permitted to
both the Planning Commission and to the City Council does not extend the
60-business-day period.

3. The City must approve or deny an application to create an ADU or JADU within 60
days from the date that the City receives a completed application. If the City has not
approved or denied the completed application within 60 days, the application is
deemed approved unless either:

a. The applicant requests a delay, in which case the 60-day time period is tolled for
the period of the requested delay; or

b. When an application to create an ADU or JADU is submitted with a permit
application to create a new single-family or multifamily dwelling on the lot, the
City may delay acting on the permit application for the ADU or JADU until the
City acts on the permit application to create the new single-family or
multifamily dwelling, but the application to create the ADU or JADU will still
be considered ministerially without discretionary review or a hearing.

4. If the City denies an application to create an ADU or JADU, the City must provide
the applicant with comments that include, among other things, a list of all the
defective or deficient items and a description of how the application may be remedied
by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (C)(2) of this
section.

5. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

   D. Certificate of Occupancy.

   1. City will not issue a Certificate of Occupancy (COO) for an ADU until it issues a
   COO for the primary dwelling.

   2. Exception: In the event that the Governor issues a state of emergency proclamation,
   and during the course of the emergency, the primary dwelling was substantially
   damaged or destroyed, the City shall issue a COO for a detached ADU constructed in
   a county subject to said state of emergency so long as the ADU has been issued
   construction permits and has passed all required inspections.

   (Ord. 2020-04 § 2; Ord. 2023-01 § 4 (Exh. A); Ord. 2026-01, 6/8/2026)

The following requirements apply to all ADUs and JADUs that are approved under Section 7.28.040(A) or (B):

A. Location and Permitted Areas.

1. An ADU or JADU subject only to a building permit under Section 7.28.040(A) may
be created on a lot in a residential or mixed use zone.

2. An ADU or JADU subject to an ADU permit under Section 7.28.040(B) may be
created on a lot that is zoned to allow single-family dwelling residential use or
multifamily dwelling residential use.

3. Location. No ADU is permitted on any lot that is located in a Very High Fire Hazard
Severity Zone designated by the City of La Habra Heights in accordance with
Government Code Section 51178, unless the ADU complies with each of the
following requirements:

a. Notwithstanding any other provision of this Chapter, the ADU is protected
throughout with an approved automatic fire sprinkler system, in compliance
with adopted plumbing, building, and fire codes;

b. Notwithstanding any other provision of this Chapter, one off-street parking
space is provided for the ADU; and

c. In the event the ADU is located on a through lot or a corner lot, the lot must
front on at least one street that is improved with a paved roadway width of 20
feet or more in unobstructed width after any associated dedication and
improvement.

B. Height.

1. Except as otherwise provided by subsections (B)(2) and (B)(3) of this section, a
detached ADU created on a lot with an existing or proposed single family or
multifamily dwelling unit may not exceed 16 feet in height.

2. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing
or proposed single family or multifamily dwelling unit that is located within one-half
mile walking distance of a major transit stop or a high quality transit corridor, as those
terms are defined in Section 21155 of the Public Resources Code, and the ADU may
be up to two additional feet in height (for a maximum of 20 feet) if necessary to
accommodate a roof pitch on the ADU that is aligned with the roof pitch of the
primary dwelling unit.

3. A detached ADU created on a lot with an existing or proposed multifamily dwelling
that has more than one story above grade may not exceed 18 feet in height.

4. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(4) may not exceed two stories. C. Fire Sprinklers. 1. Fire sprinklers are not required in an ADU or JADU if sprinklers are not required in the primary residence. 2. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided by Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). F. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. G. Owner Occupancy. 1. An ADU is not subject to any owner-occupancy requirement. 2. Owner occupancy of a JADU is required if the JADU shares sanitation facilities with the primary structure. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection (G)(2) does not apply if the JADU has separate sanitation facilities or the owner is another governmental agency, land trust, or housing organization. H. Deed Restriction. Any covenant, restriction, or condition in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property cannot prohibit or unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use that meets the requirements of state ADU law. Fees or other financial requirements do not qualify as reasonable restrictions. I. Building and Safety.

5. Must Comply With Building Code. Subject to subsection (I)(2) of this section, all ADUs and JADUs must comply with all local building code requirements. 2. No Change in Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (I)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this Section. (Ord. 2020-04 § 2; Ord. 2023-01 § 4 (Exh. A); Ord. 2026-01, 6/8/2026)

The following requirements apply to ADUs that require an ADU permit under Section 7.28.040(B).

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this section is 850
square feet of interior livable space for a studio or one bedroom unit and 1,000 square
feet of interior livable space for a unit with more than one bedroom.

2. An attached ADU that is created on a lot with an existing primary dwelling is further
limited to 50% of the floor area of the existing primary dwelling, subject to subsection
(A)(3) of this section.

3. Application of other development standards in this section might further limit the size
of the ADU, but no application of a percentage-based size restriction or limits on lot
coverage, floor area ratio, open space, front setbacks, and minimum lot size may
require the ADU to be smaller than 800 square feet of interior livable space and with
four-foot side and rear yard setbacks.

B. Setbacks.

1. No part of any ADU subject to this section may be located within 35 feet of a front
property line, subject to subsection (A)(3) of this section.

2. Detached ADUs shall not be located between a proposed or existing primary dwelling
unit and a front property line, subject to subsection (A)(3) of this section.

3. No part of any ADU subject to this section may be located within four feet of a side
or rear property line.

4. No setback is required for an ADU that is subject to this section if the ADU is
constructed in the same location and to the same dimensions as an existing structure.

C. Passageway. No passageway, as defined by Section 7.28.030(J), is required for an ADU.

D. Parking.

1. Generally. One parking space is required for each ADU or per bedroom, whichever
is less. The parking space may be provided as tandem parking on a driveway, as
defined by Section 7.28.030(M). Offstreet parking shall be permitted in setback areas
in locations determined by the local agency or through tandem parking, unless
specific findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life safety
conditions. A JADU shall not require additional parking as a condition to grant an
ADU permit, even if converted from an attached garage.

2. Exceptions. No parking under subsection (D)(1) of this section is required in the
following situations:

a. The ADU is located within one-half mile walking distance of public transit, as defined in Section 7.28.030(L).

b. The ADU is located within an architecturally and historically significant historic
district.

c. The ADU is part of the proposed or existing primary residence or an accessory
structure under Section 7.28.040(A)(1).

d. When on-street parking permits are required but not offered to the occupant of
the ADU.

e. When there is an established car share vehicle stop located within one block of
the ADU.

f. When the permit application to create an ADU is submitted with an application
to create a new single-family or new multifamily dwelling on the same lot,
provided that the ADU or the lot satisfies any other criteria listed in subsections
(D)(2)(a) through (D)(2)(e) of this section.

3. No Replacement. When a garage, carport, covered parking structure, or uncovered
parking space is demolished in conjunction with the construction of an ADU or
converted to an ADU, those off-street parking spaces are not required to be replaced.

E. Architectural Requirements.

1. The ADU or JADU must have an independent exterior entrance, apart from that of
the primary dwelling.

2. Windows and doors of the ADU shall not have a direct line of sight to an adjoining
residential property. Landscaping or privacy glass may be used to provide screening
and prevent a direct line of sight.

3. All windows and doors that are less than 30 feet from a property line that is not a
right-of-way line must either be (for windows) clerestory with the bottom of the glass
at least six feet above the finished floor, (for windows and for doors) utilize frosted
or obscure glass, or (for doors) opaque.

4. The architectural treatment of an ADU to be constructed on a lot that has an identified
historical resource listed on the Federal, State, or local register of historic places must
comply with all applicable ministerial requirements imposed by the Secretary of

Interior.

F. Lighting Requirements.

1. Outdoor lighting must be hooded, fully shielded, and aimed downward. Outdoor
lighting shall not be on all night, and if it is motion sensor, it can be on for no longer
than two minutes.

2. Light levels at a property line shall not exceed 0.05 foot-candles.

   3. The source of light (the bulb itself) should not be visible from adjacent properties or
   public or private rights-of-way.

   G. Landscape Requirements.

   1. Evergreen landscape screening must be planted and maintained between the ADU and
   adjacent parcels and between the ADU and public or private street as follows:

   a. At least one 15-gallon size plant shall be provided for every five linear feet of
   exterior wall extending 15 feet beyond the exterior wall or to the property line.
   Alternatively, at least one 24-inch box size plant shall be provided for every 10
   linear feet of exterior wall extending 15 feet beyond the exterior wall or to the
   property line.

   b. Plant specimens for screening must be at least eight feet tall above grade when
   installed.

   c. Solid fences or walls shall not be used for screening. Open fences, such as chain
   link, must be screened by vegetation, such as vines.

   2. All landscaping must be from the City's approved plant list.

   3. Plantings shall be maintained below the ridgeline of the structure.

   4. Any plants that die or are removed shall be replaced meeting specifications above.

   H. Historical Protections. An ADU that is subject to this section and that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way. (Ord. 2020-04 § 2; Ord. 2023-01 § 4 (Exh. A); Ord. 2026-01, 6/8/2026)

The following requirements apply to all ADUs and JADUs that are approved under Section 7.28.040(A) or (B).

A. Impact Fees.

1. No impact fee is required for an ADU that has 750 square feet of interior livable space
or less or a JADU that has 500 square feet of interior livable space or less in size. For
purposes of this subsection (A)(1), "impact fee" means a "fee" under the Mitigation
Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code
§ 66477). "Impact fee" here does not include any connection fee or capacity charge
for water or sewer service.

2. Any impact fee that is required for an ADU that is more than 750 square feet of
interior livable space in size must be charged proportionately in relation to the square
footage of the primary dwelling unit (e.g., the floor area of the primary dwelling,
divided by the floor area of the ADU, times the typical fee amount charged for a new
dwelling).

3. The construction of an ADU or JADU that contains less than 500 square feet of
interior livable space shall not be subject to the levy of a fee, charge, dedication, or
other requirement by a school district for the purpose of subparagraph (C) of
paragraph (1) of subdivision (a) of Section 17620 of the Education Code.

4. No reimbursement is required for school service charges, fees, or assessments
sufficient to pay for the program or level of service within the meaning of
Government Code Section 17556.

B. Utility Fees.

1. If an ADU is constructed with a new single-family home, a separate utility connection
directly between the ADU and the utility and payment of the normal connection fee
and capacity charge for a new dwelling are required.

2. Except as described in subsection (B)(1) of this section, converted ADUs on a single-
family lot that are created under Section 7.28.040(A)(1) are not required to have a
new or separate utility connection directly between the ADU and the utility. Nor is a
connection fee or capacity charge required.

3. Except as described in subsection (B)(1) of this section, all ADUs that are not covered
by subsection (B)(2) of this section require a new, separate utility connection directly
between the ADU and the utility.

a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

b. The portion of the fee or charge that is charged by the City may not exceed the
reasonable cost of providing this service.
(Ord. 2020-04 § 2; Ord. 2023-01 § 4 (Exh. A); Ord. 2026-01, 6/8/2026)

Unpermitted Structures.

A. Generally. The City will not deny an ADU or JADU application due to a nonconforming
zoning condition, building code violation, or unpermitted structure on the lot that does not
present a threat to the public health and safety and that is not affected by the construction
of the ADU or JADU.

B. Unpermitted ADUs Constructed Before 2020.

1. Permit to Legalize. As required by state law, the City may not deny a permit to
legalize an existing but unpermitted ADU that was constructed before January 1,
2020, if denial is based on either of the following grounds:

a. The ADU violates applicable building standards; or

b. The ADU does not comply with the state ADU law (Chapter 13 of Division 1 of
Title 7 of the California Government Code) or this ADU ordinance (Chapter
7.28).

2. Exceptions.

a. Notwithstanding subsection (B)(1) of this section, the City may deny a permit
to legalize an existing but unpermitted ADU that was constructed before January
1, 2020, if the City makes a finding that correcting a violation is necessary to
protect the health and safety of the public or of occupants of the structure.

b. Subsection (B)(1) of this section does not apply to a building that is deemed to
be substandard in accordance with California Health and Safety Code Section
17920.3.

C. Inspections.

1. A City inspector may inspect a previously unpermitted ADU or JADU constructed
before January 1, 2020, for compliance with health and safety standards and provide
recommendations to comply with health and safety standards necessary to obtain a
permit. If the ADU or JADU is not compliant with health and safety standards, the
City shall not penalize the applicant for having an unpermitted ADU or JADU and
shall approve necessary permits to correct noncompliance with health and safety
standards.

2. The City may require an inspection and impose an inspection fee for a JADU to
determine if it complies with applicable building code standards.
(Ord. 2023-01 § 4 (Exh. A); Ord. 2026-01, 6/8/2026)

Any proposed ADU or JADU that does not conform to the objective standards set forth in Sections 7.28.010 through 7.28.080 may be allowed by the City with a conditional use permit in accordance with the other provisions of this Article. (Ord. 2020-04 § 2. Formerly 7.28.080; Ord. 2023-01 § 4 (Exh. A); Ord. 2026-01, 6/8/2026)