A. Standards: Notwithstanding sections 10-3-401 and 10-3-402 of this chapter, an accessory dwelling unit shall be permitted in an R-1 zone and in an R-4 zone on a property developed with an existing single-family dwelling unit provided the proposed accessory dwelling unit meets the following standards and requirements:
1. Location: The lot or parcel on which the proposed accessory dwelling unit will be constructed contains not more than one single-family dwelling unit. The accessory dwelling unit may be either: a) attached to the primary one-family residence and located within the living area of the residence, or b) detached from the primary one-family residence and located on the same site area as the residence. If the accessory dwelling unit is detached, it must be located to the rear of the primary dwelling unit on the site.
2. Site Area: The site area on which the accessory dwelling unit will be located is a minimum of six thousand (6,000) square feet.
3. Unit Size:
a. Attached Accessory Dwelling Units: An attached accessory dwelling unit shall not be less than the minimum size for an efficiency unit, as defined in section 17958.1 of the California Health And Safety Code or any successor statute and shall not exceed the lesser of fifty percent (50%) of the existing floor area of the primary dwelling unit or one thousand two hundred (1,200) square feet.
b. Detached Accessory Dwelling Units: A detached accessory dwelling unit shall not be less than the minimum size for an efficiency unit, as defined in section 17958.1 of the California Health And Safety Code or any successor statute and shall not exceed a maximum floor area of six hundred fifty (650) square feet.
4. FAR Calculations: The floor area of the accessory dwelling unit shall be included for purposes of determining the floor area of buildings on the site when calculating floor area for any purpose under this code, including the determination of floor area ratio.
5. Number Of Accessory Structures Permitted:
a. Sites Less Than Eight Thousand Five Hundred Square Feet: Where the site area is less than eight thousand five hundred (8,500) square feet, no accessory structure shall be permitted on the site area except for one accessory dwelling unit and a garage.
b. Sites Equal To Or Greater Than Eight Thousand Five Hundred Square Feet And Less Than Twenty Four Thousand Square Feet: Where the site area is equal to or in excess of eight thousand five hundred (8,500) square feet and less than twenty four thousand (24,000) square feet, no more than one accessory structure in addition to one accessory dwelling unit and a garage shall be permitted on the site area.
c. Sites Of At Least Twenty Four Thousand Square Feet: There is no restriction on the number of accessory structures on estate lots of at least twenty four thousand (24,000) square feet, however only one accessory dwelling unit shall be permitted.
6. Height:
a. Detached Accessory Dwelling Units: A detached accessory dwelling unit shall be located on the ground floor and shall not exceed a maximum height of fourteen feet (14'). Notwithstanding the foregoing, a detached accessory dwelling unit located on an estate lot of at least twenty four thousand (24,000) square feet may be located on the second floor and shall comply with the maximum height limit applicable to the primary dwelling structure on the site.
b. Attached Accessory Dwelling Units: An attached accessory dwelling unit may be located on either the ground floor or the second floor of the primary dwelling unit and shall be subject to the same height limitations applicable to the primary structure.
c. Central R-1 Permits: Notwithstanding any other provision of this section, for those lots located south of Olympic Boulevard and west of Roxbury Drive, the planning commission may, through the issuance of a Central R-1 permit pursuant to article 24.5 of this chapter, modify the height limitations set forth in this subsection A6, to allow a detached accessory dwelling unit to be located above the ground floor, provided the rear lot line of the subject lot abuts an alley and provided further that the elevation of the subject lot slopes downhill from the front (street) lot line of the property to the rear (alley) lot line with a minimum difference in elevation of at least twenty feet (20') between the street and the alley. In addition to the findings required by section 10-3-2453 of this chapter, the planning commission may issue a Central R-1 permit to allow an accessory dwelling unit to exceed fourteen feet (14') in height if the planning commission finds that the proposed accessory dwelling unit will not have a substantial adverse impact on adjacent properties or the public welfare. In making this determination, the planning commission may look at such factors as the impact of the accessory dwelling unit on the scale and massing as viewed from adjacent properties, the impact of the accessory dwelling unit on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory dwelling unit in combination with existing accessory structures and accessory dwelling units in the vicinity. Under no circumstances shall the height of an accessory dwelling unit structure be permitted to exceed the following:
(1) Twelve feet (12') as measured from the lowest finished elevation along the perimeter of the primary structure; and
(2) Twenty five feet (25') for structures with a flat roof and thirty feet (30') for structures with a sloped roof, with a maximum plate height of twenty two feet (22') as measured from the lowest existing grade.
d. Setbacks For Accessory Dwelling Unit Above A Garage: If an accessory dwelling unit is constructed above a garage pursuant to subsection A6a or A6c of this section, the required side and rear setbacks shall not exceed five feet (5'). However, nothing prohibits an applicant from proposing greater rear and side setbacks.
7. Demolition Of Garages, Carports Or Covered Parking Structures: When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the off street parking spaces lost as a result of the demolition shall be replaced on site. The replacement parking spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts.
8. Rental And Transfer: The accessory dwelling unit may be rented, subject to the limitations on single-family transient use, but shall not be sold, transferred or assigned separately from the primary single-family dwelling.
9. Parking: Notwithstanding any other provisions in this chapter, parking for an accessory dwelling unit shall be provided at the following ratios and in accordance with following standards:
a. One parking space in addition to the parking spaces required for the primary dwelling for an accessory dwelling unit with zero or one separate bedrooms;
b. Two (2) parking spaces in addition to the parking spaces required for the primary dwelling for an accessory dwelling unit with two (2), three (3) or four (4) separate bedrooms;
c. Three (3) parking spaces in addition to the parking spaces required for the primary dwelling for an accessory dwelling unit with five (5) bedrooms;
d. Four (4) parking spaces in addition to the parking spaces required for the primary dwelling for an accessory dwelling unit with six (6) or more bedrooms.
All required parking spaces shall be provided behind the front setback line for the site area.
e. Notwithstanding the foregoing requirements, no parking shall be required for any accessory dwelling unit in any of the following circumstances:
(1) The accessory dwelling unit is located within one-half (1/2) mile of public transit.
(2) The accessory dwelling unit is located within a historic district.
(3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(4) When on street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a city approved and dedicated parking space for a car share vehicle located within one block of the accessory dwelling unit.
f. Standards: Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway, including driveway areas within setback areas.
10. Architectural Compatibility: The accessory dwelling unit shall conform to the color, material, architectural style, and detailing of the primary structure and shall meet all other applicable building code requirements and development standards of the zone for single-family residential structures and accessory structures.
11. Side Setbacks: Except as provided below, the accessory dwelling unit shall comply with all side setback requirements applicable to the primary dwelling unit on the site.
a. Garage conversions: No additional side setback beyond the existing garage setback shall be required, except as may be required by the local building and fire codes.
12. Rear Setback:
a. Garage conversions: No additional rear setback beyond the existing garage setback shall be required, except as may be required by the local building and fire codes.
b. A new accessory dwelling unit shall comply with the rear setback requirement applicable to the primary dwelling unit on the site. Notwithstanding the foregoing, an accessory dwelling unit located on a site whose rear lot line abuts an alley or a commercially zoned parcel may be located within the rear setback.
13. Entrances: A separate entrance shall be provided for attached accessory dwelling units, which entrance shall not be located on the front of the primary residential structure or facing the street. On corner lots, a separate entrance shall be provided for attached accessory dwelling units, which entrance shall not be located on the front of the primary residential structure or facing the street on which the primary residential structure fronts.
14. Required Features: The accessory dwelling unit must provide complete, independent living facilities for sleeping, sanitation, and cooking.
15. Covenant Required: The owner of record shall record a deed restriction in a form satisfactory to the city attorney within thirty (30) days following the issuance of a building permit for the accessory dwelling unit. Within thirty (30) days of the issuance of building permit for an accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit is as set forth in this subsection A, the required amount of off street parking to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.
16. Fire Sprinklers: An accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary residence.
17. Fees And Charges For Utilities: Accessory dwelling units shall not be considered new residential uses for purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.
18. Utility Connections:
a. The applicant for any accessory dwelling unit approved pursuant to subsection A20 of this section, shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.
b. The applicant for any accessory dwelling unit that is not described in subsection A20 of this section, may be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its size or the number of its plumbing fixtures.
19. Historic Resources: Any accessory dwelling unit that has the potential to adversely impact a historical resource listed on the national register, California register of historic places, or the city of Beverly Hills register of historic properties, shall comply with and shall be designed and constructed in accordance with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time.
20. Conversion Of Existing Space Of A Residence Or Accessory Structure: Conversion of existing space within a single-family residence or within an accessory structure to an accessory dwelling unit shall be permitted by right, provided that the proposed accessory dwelling unit has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety.
B. Accessory Dwelling Unit Use Permits: Notwithstanding any other provision of this article, accessory dwelling units north of Santa Monica Boulevard that do not meet all of the standards set forth in subsection A of this section but comply with the standards set forth in this subsection may be permitted in an R-1 zone pursuant to an accessory dwelling unit use permit issued under the authority set forth in this subsection.
1. Standards: Upon application by a property owner in a form satisfactory to the director of planning and community development, the reviewing authority may, subject to the findings provisions of this subsection B, issue an accessory dwelling unit use permit for the development of an accessory dwelling unit in an R-1 zone if the proposed accessory dwelling unit meets the following standards and requirements:
a. Location: The lot or parcel on which the proposed accessory dwelling unit will be constructed contains not more than one additional single-family dwelling unit. The accessory dwelling unit may be either: 1) attached to the primary one-family residence and located within the living area of the residence, or 2) detached from the primary one-family residence and located on the same site area as the residence. If the accessory dwelling unit is detached, is must be located to the rear of the primary dwelling unit on the site.
b. Site Area: The site area on which the accessory dwelling unit will be located is a minimum of six thousand (6,000) square feet.
c. Unit Size: The square footage of the accessory dwelling unit, when combined with the floor area of the other structures on the site, shall not exceed the maximum allowable FAR for the site, and may exceed six hundred fifty (650) square feet in size for a detached accessory dwelling unit or one thousand two hundred (1,200) square feet in size for an attached accessory dwelling unit if approved through an accessory dwelling unit use permit. No accessory dwelling unit shall be less than the minimum size for an efficiency unit, as defined in section 17958.1 of the California Health And Safety Code or any successor statute.
d. FAR Calculations: The floor area of the accessory dwelling unit shall be included for purposes of determining the floor area of buildings on the site when calculating floor area for any purpose under this code, including the determination of floor area ratio.
e. Number Of Accessory Structures Permitted:
(1) Sites Less Than Eight Thousand Five Hundred Square Feet: Where the site area is less than eight thousand five hundred (8,500) square feet, no accessory structure shall be permitted on the site area except the accessory dwelling unit and a garage.
(2) Sites Equal Or Greater Than Eight Thousand Five Hundred Square Feet And Less Than Twenty Four Thousand Square Feet: Where the site area is equal to or in excess of eight thousand five hundred (8,500) square feet and less than twenty four thousand (24,000) square feet, no more than one accessory structure in addition to the accessory dwelling unit and a garage shall be permitted on the site area.
(3) Sites Of At Least Twenty Four Thousand Square Feet: The restrictions on the number of accessory structures on a site set forth in this subsection shall not apply to estate lots of at least twenty four thousand (24,000) square feet, however only one accessory dwelling unit shall be permitted.
f. Height: The accessory dwelling unit shall be subject to the same height limitations as other accessory structures on the site area. In addition to an application for an accessory dwelling unit use permit, a separate application for an R-1 permit must be submitted to allow for an increase in the applicable height limitations. Said R-1 permit shall be reviewed pursuant to the standards and procedures for accessory structures set forth in article 24.5, 25.5 or 26.5 of this chapter, as appropriate.
g. Garage Conversion Prohibited: No garage may be demolished or converted in order to construct an accessory dwelling unit, unless a garage of at least equal size is replaced concomitantly on the site area. Any garage that has been demolished or converted to any other accessory use within the three (3) year period prior to the issuance of a building permit for an accessory dwelling unit must be replaced with a garage of at least equal size as a condition to the issuance of the building permit for an accessory dwelling unit.
h. Rental And Transfer: The accessory dwelling unit may be rented but shall not be sold, transferred or assigned separately from the primary single-family dwelling.
i. Parking: Parking for an accessory dwelling unit shall be provided at the following ratios and in accordance with following standards:
(1) One parking space in addition to the parking spaces required for the primary dwelling for an accessory dwelling unit with zero or one separate bedrooms;
(2) Two (2) parking spaces in addition to the parking spaces required for the primary dwelling for an accessory dwelling unit with two (2), three (3) or four (4) separate bedrooms;
(3) Three (3) parking spaces in addition to the parking spaces required for the primary dwelling for an accessory dwelling unit with five (5) bedrooms;
(4) Four (4) parking spaces in addition to the parking spaces required for the primary dwelling for an accessory dwelling unit with six (6) or more bedrooms.
All required parking spaces shall be provided behind the front and street side setback line for the site area.
j. Architectural Compatibility: The accessory dwelling unit shall conform to the color, material, architectural style, and detailing of the primary structure and shall meet all other applicable building code requirements and development standards of the zone for single-family residential structures and accessory structures. A landscape plan which provides for adequate screening of the accessory dwelling unit from neighboring properties to the satisfaction of the director of planning and community development is required as a condition to the issuance of an accessory dwelling unit use permit.
k. Side Setbacks: The accessory dwelling unit shall be subject to the same side setback limitations as other accessory structures on the site area.
In addition to an application for an accessory dwelling unit use permit, a separate application for an R-1 permit must be submitted to allow for a reduction in the side setback limitations. Said R-1 permit shall be reviewed pursuant to the standards and procedures for accessory structures set forth in article 24.5, 25.5 or 26.5 of this chapter, as appropriate.
l. Rear Setback: The accessory dwelling unit shall be subject to the same rear setback limitations as other accessory structures on the site area. In addition to an application for an accessory dwelling unit use permit, a separate application for an R-1 permit must be submitted to allow for a reduction in the rear setback limitations. Said R-1 permit shall be reviewed pursuant to the standards and procedures for accessory structures set forth in article 24.5, 25.5 or 26.5 of this chapter, as appropriate.
m. Entrances: A separate entrance shall be provided for attached accessory dwelling units, which entrance shall not be located on the front of the primary residential structure or facing the street. On corner lots, a separate entrance shall be provided for attached accessory dwelling units, which entrance shall not be located on the front of the primary residential structure or facing the street on which the primary residential structure fronts.
n. Required Features: The accessory dwelling unit must provide complete, independent living facilities for sleeping, sanitation, and cooking.
o. Covenant Required: The owner of record shall record a deed restriction in a form satisfactory to the city attorney to this effect within thirty (30) days following the issuance of a building permit for the accessory dwelling unit. Within thirty (30) days of the issuance of building permit for an accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the approved size of the accessory dwelling unit, the required number of off street parking spaces to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the city's planning department.
p. Historic Resources: Any accessory dwelling unit that has the potential to adversely impact a historical resource listed on the national register, California register of historic places, or the city of Beverly Hills register of historic properties, shall comply with and shall be designed and constructed in accordance with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time.
2. Reviewing Authority: Unless otherwise specified, the reviewing authority for an accessory dwelling unit use permit shall be the director of planning and community development. If, in the opinion of the director, an application merits review by the planning commission, the director may refer such application to the planning commission, and the planning commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the requested accessory dwelling unit use permit.
If the application for an accessory dwelling unit use permit accompanies an application for any other type of discretionary permit for the same site area, the reviewing authority and the administrative review process applicable to that other type of discretionary permit shall apply to the accessory dwelling unit use permit application. However, the standards for the granting or denial of the accessory dwelling unit use permit application shall continue to be those set forth in this section or any of its successors.
3. Notice: Noticing shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines.
4. Required Findings: The reviewing authority shall not issue an accessory dwelling unit use permit unless the reviewing authority finds that the proposed accessory dwelling unit will not have a substantial adverse impact on or be detrimental to:
a. The scale and massing of the streetscape;
b. The scale and massing of the neighborhood as viewed from neighboring properties;
c. Neighbors' access to light and air;
d. Neighbors' privacy;
e. The garden quality of the city; and
f. Adjacent properties or the public welfare.
5. Appeals From Decisions: The applicant or any person aggrieved by any decision regarding an accessory dwelling unit use permit by a reviewing authority other than the city council may appeal to the city council as provided in title 1, chapter 4, article 1 of this code.
C. Conversion Of Existing Accessory Structures: For any accessory structure constructed prior to September 26, 2003, that contains a kitchen, the property owner may apply for a building permit pursuant to subsection A of this section or an accessory dwelling unit use permit pursuant to subsection B of this section to convert the accessory structure to an accessory dwelling unit. All applications for conversion must comply with the standards and regulations set forth in subsection A or B of this section, as appropriate. If the conversion is permitted, any covenant previously recorded by the property owner, or his or her predecessor, restricting the use of the site to one bona fide housekeeping unit shall be released by the city. (Ord. 17-O-2724, eff. 2-10-2017)