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Planning commission backs rewrite of Agoura Hills ADU rules to align with state law

October 17, 2025 | Agoura Hills, Los Angeles County, California


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Planning commission backs rewrite of Agoura Hills ADU rules to align with state law
The Agoura Hills Planning Commission voted 5-0 to recommend that the City Council adopt a zoning ordinance amendment to repeal and replace the city's accessory dwelling unit regulations and amend related code sections to conform with state law.

Associate City Planner Katrina Garcia told commissioners the rewrite would reconcile the city's ADU ordinance with multiple state changes since the city's 2021 ordinance, most recently Senate Bill 543. Garcia said staff proposes a full repeal-and-replace of section 9.283 of the Agoura Hills Municipal Code and related edits to section 9.120 (definitions) and section 61.005 (short-term rental prohibitions) so staff and the public can apply the code consistently.

Garcia outlined the main changes the draft ordinance would implement. The proposal distinguishes state-protected (state-exempt) ADUs from other ADUs. Under the draft, state-protected detached ADUs on single-family lots would be allowed up to 800 square feet of interior livable space with 4-foot side and rear setbacks. Conversions of existing interior space can qualify as a junior ADU (JADU) if 500 square feet or less and must be within the existing structure or attached garage. The city may regulate ADUs that exceed state thresholds (for example, detached ADUs larger than 800 square feet) on matters the state allows: 10-foot separation from the primary dwelling for detached ADUs, architectural compatibility, and front-yard setbacks consistent with zoning. Garcia said height limits would follow state rules: detached ADUs typically 16 feet, but up to 18 feet on single-family lots to match roof pitch and up to 18 feet on multifamily lots when the primary structure is multi-story; attached ADUs may go to 25 feet.

Garcia said SB 543, which passed the week before the meeting, changes how ADU floor area is calculated: jurisdictions must measure interior livable space rather than gross floor area, which can alter whether a unit qualifies as a JADU or ADU. The draft ordinance updates the definitions accordingly and would limit the city's ability to require deed restrictions to JADUs only, consistent with state law. To preserve the city's 30-day minimum rental requirement for ADU units, staff proposed revised short-term rental language that applies to units subject to any legal limitation, not only deed restrictions.

Commissioners asked staff about enforcement, owner-occupancy, short-term rental monitoring, how equestrian areas interact with ADU placement, and ADU capacity. Garcia and other staff said the city uses an online short-term rental monitoring service that scrubs many platforms and flags listings; enforcement of under‑the‑table rentals is limited to complaints or detectable listings. Staff said owner-occupancy requirements now apply to JADUs only because that requirement is located in the state code section for JADUs and cannot be imposed on regular ADUs.

Commissioners also asked about local control. Vice Chair Reinhardt and others expressed frustration that state law limits some local authority, and commissioners pressed staff on what regulations the city can still apply to ADUs that exceed state-protected thresholds (architectural compatibility, certain setbacks, and monitoring for fire safety through building permits). Staff said the rewrite aims to clarify and streamline the local code so staff and applicants can apply state law consistently while preserving the maximum allowable local controls.

Staff estimated the city has processed or has in process at least 100 to 150 ADUs and that recent permit activity runs roughly 10 to 15 ADUs per year, similar to the housing element projection of about 10 ADUs per year. Garcia recommended the commission adopt a resolution recommending City Council approve the zoning ordinance amendments and make a CEQA determination.

Deliberation: commissioners repeatedly expressed concern about reduced local control (setbacks, owner-occupancy, and potential impacts on neighborhood character, traffic and fire safety) but said they would prefer to maintain compliance with state law. Several commissioners said the ordinance rewrite would help staff apply the two sets of rules more consistently and reduce permitting confusion. With reservations, commissioners agreed they could make the required findings.

Vote: Commissioner Stein moved to approve the staff recommendation; Vice Chair Reinhardt seconded. The roll call vote was Commissioner Plattzer: Aye; Commissioner Sharon: Aye; Commissioner Stein: Aye; Vice Chair Reinhardt: Aye; Chair Roth: Aye. Motion carried 5-0.

Next steps: The Planning Commission's recommendation will be forwarded to the City Council for further public hearings and final action.

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