A. Building Permit Only Standards: Notwithstanding the use regulations of this chapter, accessory dwelling units shall be permitted on property in any lot zoned residential or mixed-use zone with an existing multi-family dwelling, or in conjunction with an application for a proposed and constructed multi-family dwelling, provided the proposed accessory dwelling unit meets the following standards and requirements. Accessory dwelling units that meet the standards in this section are permitted to be constructed with a building permit only.
1. Number of Accessory Dwelling Units Allowed:
a. Detached Accessory Dwelling Units: No more than two detached accessory dwelling units are allowed on a lot that has an existing or proposed multi-family dwelling. The detached accessory dwelling units may be newly constructed or converted from existing detached accessory structures. The two detached accessory dwelling units may be attached to one another; and
b. Conversion of Existing Non-Livable Multi-family Building Space to Accessory Dwelling Units: Portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages may be converted to accessory dwelling units. Areas used for commercial or other activities that are intended for regular occupancy such as leasing offices, community rooms, or amenity spaces are not eligible for conversion. At least one conversion unit from non-livable space is allowed to be created on each site and the maximum number of units allowed shall not exceed 25 percent of the existing units on the site. For the purposes of calculating the number of allowable ADUs converted from non-livable space, the following shall apply:
(1) Previously approved ADUs shall not count towards the number of existing multi-family dwellings; and
(2) Fractions shall be rounded down to the next lower number of dwelling units, except that at least one ADU shall be allowed.
c. As an alternative to subsections 1a and 1b, one attached or livable area conversion accessory dwelling unit is allowed on a lot that has an existing or proposed multi-family dwelling.
2. Location: Detached accessory dwelling units shall be located behind the existing multi-family building on the site. Attached accessory dwelling units must be contained entirely within or attached to an existing or newly proposed and constructed multi-family structure.
3. Site Area: There is no minimum site area for accessory dwelling units or junior accessory dwelling units.
4. Unit Size:
a. Attached or Detached Accessory Dwelling Units: An attached or 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 size 850 square feet for a studio or one-bedroom unit and 1,000 square feet for any unit with more than one bedroom.
b. Application of development standards, such as floor area ratio, may further limit the size of the accessory dwelling unit, but in no case shall the front setback, floor area ratio, open space, or site coverage requirement reduce an accessory dwelling unit to less than 800 square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit.
c. Accessory Dwelling Units Converted from Existing or Proposed Livable Space: If an accessory dwelling unit is within the proposed space of a multi-family dwelling or existing space of a multi-family dwelling or accessory structure, the accessory dwelling unit shall not exceed the size of the existing space to be converted. If required for ingress and egress, conversion of an existing accessory structure may add up to 150 square feet beyond the physical dimensions of the existing structure. Conversion or replacement of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures shall not be allowed, however, shall comply with all applicable development standards for a new detached accessory dwelling units pursuant to section 10-3-5001 of this article.
5. Parking Required:
a. Each accessory dwelling unit shall require the provision of one parking space. However, no parking shall be required for any accessory dwelling unit in any of the following circumstances:
(1) It is located within one-half (½) mile walking distance to public transit.
(2) It is located within a historic district or on a property listed in a Register of Historic Resources (local, state, or national).
(3) It is part of the proposed primary dwelling or converted from the existing space of a primary dwelling or 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.
b. Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway, including driveway areas within setback areas.
6. Demolition of Garages, Carports, Covered Parking Structures or Existing Structures: When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit constructed pursuant to the requirements of this section, the off street parking spaces lost as a result of the demolition are not required to be replaced. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.
. Building Standards: All accessory dwelling units must meet all building code standards for dwelling units, including those that are converted from existing non-livable spaces within multi-family buildings.
8. Height:
a. Detached accessory dwelling units shall not exceed a height of 16 feet. Up to 18 feet in height may be allowed if the detached accessory dwelling unit is:
(1) On a lot with a multistory dwelling; or
(2) Located within one-half (½) mile walking distance of public transit. An additional two feet in height (up to 20 feet) is allowed only to accommodate a roof pitch that aligns with the primary multi-family dwelling.
b. Attached accessory dwelling units shall be subject to the same height limitations applicable to the primary dwelling structure on the site.
9. Setbacks.
a. Attached and detached accessory dwelling units shall have side and rear setbacks of no less than four feet.
b. For conversion of existing livable or non-livable space or garage no additional setback is required, beyond the existing provided setback.
c. For replacement of an existing enclosed structure or garage, no existing setback is required, beyond the existing setback provided. This provision shall only apply to ADUs that are replacing existing structures within the same footprint of the existing structure and do not exceed the existing structure size and/or height. However, replacement of the following accessory structures shall follow all applicable development standards for detached accessory dwelling units per section 10-3-5001: unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures.
10. Maximum Site Density. Density limitations set forth in this municipal code shall not preclude the construction of accessory dwelling units that comply with the provisions of this code section.
11. Outdoor Living Space. Outdoor living space shall not be required for the construction of accessory dwelling units in multi-family or mixed-use residential zones.
12. 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.
13. Fire Sprinklers: An accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling, nor shall the construction of an accessory dwelling unit require fire sprinklers to be installed in the existing multi-family dwelling.
14. 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, unless the accessory dwelling unit is constructed with a new single-family dwelling. Further, no impact fees or park fees shall be levied upon accessory dwelling units that are less than 750 square feet in floor area. Impact fees charged on accessory dwelling units of 750 square feet or more shall be charged proportionately in relation to the average square footage of the residential units within the multi-family dwelling.
15. Utility Connections:
a. The applicant for any accessory dwelling unit or junior accessory dwelling unit approved pursuant to subsection A. 16. 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, unless the accessory dwelling unit was constructed with a new multi-family home.
b. The applicant for any accessory dwelling unit that is not described in subsection A. 16. 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 square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system.
16. Conversion Of Existing or Proposed Space Of A Dwelling or Existing Accessory Structure: Conversion of existing livable space or proposed wholly within a multi-family dwelling or within an existing accessory structure into an accessory dwelling unit shall be permitted by right, provided that the proposed accessory dwelling unit has independent exterior access from the dwelling, and the side and rear setbacks are sufficient for fire safety.
17. Porches and Decks: No accessory dwelling unit shall have a porch or deck located more than three feet (3') above the finished grade. Rooftop decks shall not be permitted for accessory dwelling units.
18. Windows: Windows within 10 feet of a side or rear property line and the closest side property line shall be at located at least six feet above finished grade, or shall be awning style windows with the ability to open a maximum of six inches (6") and shall be fitted with translucent glass.
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. (Ord. 24-O-2892, eff. 4-18-2024)