§ 17.400.095  RESIDENTIAL USES - ACCESSORY DWELLING UNITS.
   This Section establishes the standards for the development of an Accessory Dwelling Unit in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards):
A.   Minimum Lot Size. No minimum lot size shall be required for an accessory dwelling unit.
B.   Maximum Unit Size.
   1.   The maximum permitted unit size of an attached accessory dwelling unit, or an accessory dwelling unit located entirely within a proposed or existing primary dwelling unit, shall not exceed 850 square feet for a one-bedroom unit or 1,200 for a two or more-bedroom unit, or 50% of the gross square footage of the primary dwelling unit on the lot, whichever is less.
   2.   The maximum permitted size of a detached accessory dwelling unit shall not exceed 850 square feet for a one-bedroom unit or 1,200 square feet for a two or more-bedroom unit.
   3.   Nothing in this Section shall prohibit any accessory dwelling unit that is at least 800 square feet, 16 feet in height, with four-foot side and rear yard setbacks, provided that the accessory dwelling unit is constructed in compliance with all other development standards of this Title.
C.   Minimum Unit Size. The minimum unit size of an attached or detached accessory dwelling unit shall be at least 150 square feet, including a partial kitchen and bathroom.
D.   Zones in which Accessory Dwelling Units may be Constructed. The construction, use, and maintenance of accessory dwelling units shall only be permitted in Residential Zones indicated in Table 2-3 of Chapter 17.210 of this Title, and in multi-family dwelling units provided in § 17.400.095.E.3.
E.   Density. Except as otherwise provided in this Section, no more than one accessory dwelling unit is allowed on a property. More than one accessory dwelling unit shall be allowed on a property under one of the following circumstances:
   1.   One accessory dwelling unit and one junior accessory dwelling unit, as defined by Cal. Gov’t Code § 65852.22, shall be allowed on a property subject to the following conditions:
      a.   Both units are located entirely within a proposed or existing primary dwelling unit or accessory structure and do not include an expansion of more than 150 square feet beyond the same physical dimensions as the existing accessory structure for purposes of accommodating ingress and egress.
      b.   Both units have exterior access from the proposed or existing primary dwelling unit.
      c.   Both units maintain side and rear setbacks sufficient for fire and safety.
      d.   The junior accessory dwelling unit complies with the requirements of Cal. Gov’t Code § 65852.22.
   2.   One detached, new construction, accessory dwelling unit and one detached junior accessory dwelling unit, as defined by Cal. Gov’t Code § 65852.22, shall be allowed on a property subject to the following conditions:
      a.   The combined total floor area of the accessory dwelling unit and junior accessory dwelling unit shall not exceed 850 square feet.
      b.   Maximum building height of each unit shall not exceed 16 feet.
      c.   Each unit shall maintain a minimum of four feet side and rear yard setbacks.
      d.   The accessory dwelling unit and the junior accessory dwelling unit may be separate detached structures or combined as one detached structure containing both units.
   3.   Accessory dwelling units shall be allowed within existing space of a lot containing multi- family dwelling units subject to the following conditions:
      a.   The number of accessory dwelling units shall not exceed 25% of the originally permitted units.
      b.   The accessory dwelling units shall only be located within areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.
      c.   Each accessory dwelling unit must comply with state building standards for dwellings.
   4.   A maximum of two detached accessory dwelling units shall be allowed on a lot with an existing multi-family dwelling, with a maximum building height of 16 feet and minimum side-yard and rear-yard setbacks of four feet.
F.   Minimum Room Dimensions. Minimum room dimensions, including ceiling heights, floor area and width, shall meet the Uniform Building Code regulations in effect at the time of construction.
G.   Location.
   1.   Accessory dwelling units may be attached to, or detached from and on the same lot as, a proposed or existing single-family dwelling, or multi-family dwelling, and subject to compliance with front, side, and rear yard setback standards; or
   2.   Accessory dwelling units may be located entirely within a proposed or existing primary dwelling unit or accessory structure; provided, the accessory dwelling unit has independent exterior access from the existing primary dwelling or accessory structure, and the side and rear setbacks are sufficient for fire safety, as determined  by the Culver City Fire Department.
   3.   Accessory dwelling units, including junior accessory dwelling units, shall be prohibited in the hillside areas shown on Map 4-2.
H.   Parking. Parking for an accessory dwelling unit and replacement parking when existing off-street parking for the primary dwelling unit is demolished or converted in conjunction with the construction of an accessory dwelling unit shall not be required.
I.   Habitability. Accessory dwelling units shall be fully habitable, and shall include kitchen and bathroom facilities.
J.   Occupancy Restrictions. Accessory dwelling units may not be sold separately from the primary residence, and may not be used for rentals of terms of 30 days or less.
K.   Setbacks.
   1.   An accessory dwelling unit shall have side and rear yard setbacks of at least two feet from lot lines abutting a non-residential zone, street, or alley and at least four feet from lot lines when abutting a residential zone. An accessory dwelling unit shall abide by the front yard setback requirements of the zone in which it is located.
   2.   An accessory dwelling unit constructed entirely within a proposed or existing primary dwelling unit or accessory structure, which has independent exterior access from the proposed or existing primary dwelling unit or accessory structure, and side and rear setbacks that are sufficient for fire safety, as determined by the Culver City Fire Department, shall not be subject to setback standards for new development.
   3.   An accessory dwelling unit constructed above, or as a second story to, a garage or other accessory structure shall be setback a minimum of two feet from side and rear lot lines abutting a non- residential zone, street, or alley and a minimum of four feet from side and rear lot lines when abutting a residential zone. An accessory dwelling unit constructed above, or as a second story to, a garage or other accessory structure shall abide by the front yard setback requirements of the zone in which it is located.
L.   Unless stated in this Section or Cal. Gov’t Code § 65852.2, all other development standards shall apply according to the zone in which the subject property is located; including but not limited to, setbacks, building height, and distance between structures.
M.   Application Process.
   1.   Applicant shall submit complete plan sets to the Building Safety Division. In order to be deemed complete, plans shall comply with all current applicable development standards, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review.
   2.   Prior to Building Permit issuance, applicant shall submit an Address Assignment Request Fee and Application to the Planning Division.
 
(Ord. No. 2005-007 § 1 (part); Ord. No. 2017-007 § 2 (part); Ord. No. 2017-017 § 2; Ord. No. 2018-015 § 2 (part); Ord. No. 2020-001 § 2)