Yorba Linda loosens regulations for accessory dwelling units due to new state laws; City Manager Mark Pulone issues emergency proclamation

A new ordinance regulating accessory dwelling units – commonly called “granny flats” or “in-law quarters” or “second units” – is effective today, after 5-0 approval by the Yorba Linda City Council.

The ordinance loosens city restrictions on the units to comply with recently adopted state laws designed to increase the state's supply of housing units. The ordinance replaces the city's previous accessory unit rules, which were rendered “null and void” by the state action.

Generally, permits for accessory dwelling units (ADUs) on residential properties that meet certain criteria are now handled by the city's building department within 60 days from application and no longer need approval from the five-member Planning Commission.

Under the city's new criteria, the maximum size for ADUs is 850-square-feet for a studio or one-bedroom unit and 1,000 square-feet for a unit with more than one bedroom. Maximum size for junior ADUs is 500-square-feet. Minimum size is 150-square-feet for all ADU types.

Larger ADUs are subject to Planning Commission approval through design review and subject to the development standards for the main dwelling. They're also limited to lots at least 15,000-square-feet in size.

Allowable regulations include a height limit of 16 feet and side and rear yard setbacks of at least four feet. The conversion of existing space into an ADU requires independent exterior access from the existing residence and “sufficient side and rear setbacks for fire and safety.”

The new ordinance also loosens previous obligations regarding minimum parcel size, lot coverage and parking requirements.

Though a city can't impose owner-occupancy requirements until Jan. 1, 2025, Yorba Linda will waive fees for owners who voluntarily record an owner-occupancy covenant. If an owner does not reside on site, 24-hour contact information must be provided to the city.

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Declaration of a local emergency in Yorba Linda by City Manager Mark Pulone, acting as the city's Director of Emergency Services, was ratified by the council on a recent 5-0 vote.

The declaration empowers Pulone to “adopt rules, policies and regulations to protect the public, to protect life and property and to ensure the availability of essential city services.”

Also, Pulone may implement “different emergency measures...as deemed reasonable to address the quickly changing, very fluid emergency situation.”

Pulone's proclamation noted that “conditions of extreme peril to the safety of persons has arisen both internationally and within the United States” because of the novel coronavirus.

And “assistance and aid is requested from federal, state and county governance to the city, individuals and businesses affected....“

City code permits Pulone “to request the City Council to proclaim the existence of a local emergency if the council is in session or to issue such proclamation if the council is not in session.”