(A) Definitions. The following terms when used in this chapter will have the meanings provided in this section.
ACCESSORY DWELLING UNIT or ADU. Will have the meaning set forth in Cal. Gov’t Code § 65852.2(j), which is: an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, and includes permanent provisions for living, sleeping, eating, cooking (i.e., stove, refrigerator, and sink), and sanitation (i.e., bathroom with shower or bathtub) on the same parcel as the single-unit or multi-unit dwelling is or will be situated. An ACCESSORY DWELLING UNIT also includes the following: (a) an efficiency unit, as defined in Cal. Health and Safety Code § 17958.1, and (b) a manufactured home, as defined in Cal. Health and Safety Code § 18007.
ACCESSORY STRUCTURE. A structure that is accessory and incidental to a dwelling unit located on the same lot.
ATTACHED ADU. An ADU that is attached to, or located within, an existing or proposed single-unit or multi-unit dwelling or an existing accessory structure.
CAR SHARE VEHICLE OPERATION. A subscription or membership service that provides automobile reservations for an additional fee to its members on an hourly and/or daily basis.
DETACHED ADU. An ADU that is detached from the existing or proposed single-unit or multi-unit dwelling.
JUNIOR ACCESSORY DWELLING UNIT. A unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-unit or multi-unit dwelling. A junior accessory dwelling may include separate sanitation facilities, or may share sanitation facilities with the existing dwelling.
PUBLIC TRANSIT. 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.
(B) Permitted zones and lots; number of ADUs per lot.
(1) ADUs are permitted on lots zoned to allow single-unit or multi-unit dwelling residential uses, or mixed-uses.
(2) ADUs are permitted only on lots with an existing or proposed dwelling.
(3) One attached accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-unit dwelling may be permitted.
(4) One detached, new construction, accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-unit dwelling may be permitted.
(5) Two detached accessory dwelling units per lot with an existing or proposed multi-unit dwelling.
(6) At least one attached accessory dwelling unit, within the portions of an existing multi-unit dwelling that is not used as livable space, including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The total number of attached ADUs that may be permitted shall not exceed 25% of the existing multi-unit dwellings.
(7) An ADU shall not be counted as a "unit" for density purposes but shall be counted as a "unit" for purposes of compliance with state laws and requirements.
(C) Review process.
(1) Applications for ADUs or JADUs shall be reviewed and approved ministerially. The application shall be reviewed and approved based on compliance with this chapter and applicable state laws.
(2) The ADU must use the same exterior materials, same roof covering, same exterior colors, and the same architectural details and other features as the main dwelling unit.
(D) Unit size and property development standards.
(1) The following size limits apply:
(a) A detached ADU on a lot with an existing or proposed single-unit dwelling may not exceed 1,200 square feet in area.
(b) A detached ADU on a lot with an existing or proposed multi-unit dwelling structure may not exceed 800 square feet in area.
(c) An attached ADU shall not exceed 50% of the existing primary dwelling, or 800 square feet, whichever is greater.
(d) A property owner may not designate the existing unit as the ADU and propose a new unit as the main dwelling unit.
(2) The following property development standards apply:
(a) An ADU may be placed anywhere on a residential lot as long as the placement of the ADU meets all development standards of the underlying zone, except as specifically set forth in this chapter.
(b) There shall be at least a four-foot side and rear yard setback for a new attached or detached ADU. No setback shall be required for ADUs created within existing living area, within an accessory structure, or in a new structure created in the same location and within the same dimensions as an existing structure, however, the existing setbacks must be sufficient for fire and safety.
(c) A detached ADU must maintain the required minimum distance between buildings of six feet.
(d) An attached ADU shall have exterior access from a proposed or existing single-unit dwelling.
(e) A JADU shall comply with the requirements of Cal. Gov’t Code § 65852.22.
(f) An ADU proposed in front of the primary dwelling shall adhere to the front yard setbacks of the underlying zone, unless doing so would prohibit the permitting of a statewide exemption ADU.
(g) An ADU or JADU converted from the space of an existing accessory structure may include an expansion of the existing accessory structure of not more than 150 square feet beyond the same physical dimensions as the existing structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(3) Statewide exemption ADU. No development standards required by this title shall prohibit the permitting of an ADU that is 800 square feet, 16 feet in height, with four-foot side and rear yard setbacks.
(E) Off-street parking. Notwithstanding Chapter 23.20, the following parking regulations govern additional parking requirements for ADUs.
(1) Number. The parking requirement for an attached or detached ADU is one open or enclosed parking space.
(2) Location. Required parking spaces may be provided as tandem parking on an existing driveway. Off-street parking is permitted in setback areas in locations determined by the city 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.
(3) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the applicant shall not have to replace those off-street parking spaces for the primary dwelling.
(4) Exemption. No parking is required for an ADU in any of the following instances:
(a) The ADU is located within one-half mile of a public transit stop or station.
(b) The ADU is located on a parcel that has been designated on a local, state, or national register of historic places or districts.
(c) The ADU is an attached ADU.
(d) When on-street parking permits are required, but not offered to the occupant of the ADU.
(e) When there is a car share vehicle operation parking hub or station located within one block of the ADU.
(F) Owner-occupancy requirement.
(1) There shall be no owner-occupancy requirements for ADUs.
(2) Should a lot have a JADU, the applicant for the JADU must be an owner-occupant of either the newly created JADU or the single-unit dwelling.
(3) Upon approval of an ADU application, a deed restriction that provides the following must be recorded with the County of Los Angeles before occupancy and the declaration will be binding on all future owners of the parcel:
(a) Either the main dwelling unit or the JADU will be occupied by the property owner:
(b) The JADU may not be sold separately from the main dwelling unit and underlying parcel.
(G) Building height.
(1) An ADU on a lot with an existing or proposed single-unit dwelling must comply with the height requirements of the underlying zone.
(2) A detached ADU on a lot with an existing or proposed multi-unit dwelling is subject to a height limit of 16 feet unless the following apply:
(a) If the ADU is on a lot that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, then a height limit of 18 feet shall apply. There may be an additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling.
(b) If the ADU is on a lot with an existing or proposed multi-unit, multi-story dwelling, then a height limit of 18 feet shall apply.
(H) Code compliance. The ADU must comply with all currently applicable building, health and fire codes, except that an ADU is not required to provide fire sprinklers if sprinklers are not required for the main dwelling unit.
(I) Utilities. An ADU shall be served either by separate meters for water, electric, and gas service or by the main dwelling unit's meters. An ADU's sewer service may be provided through the main dwelling unit's sewer line, provided that the applicant makes a showing that the existing sewer line has sufficient capacity and slope to ensure proper flow strength for the ADU's sewer output. If sufficient capacity and slope cannot be ensured, an ADU may utilize a separate sewer line.
(Ord. 4823, passed 1-22-24)