§ 17.400.095 RESIDENTIAL USES - ACCESSORY DWELLING UNITS.
   Subsections A. through K. establish the standards for the development of an Accessory Dwelling Unit and Subsection L. establishes the standards for the development of a Junior 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.
   4.   Maximum permitted unit size shall include any floor area including basements and lofts confined from exterior wall to exterior wall.
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 kitchen and at least one 3/4 bathroom.
D.   Zones in which Accessory Dwelling Units may be Constructed. The construction, use, and maintenance of accessory dwelling units shall be permitted in areas zoned to allow single-family or multi- family dwelling residential use. For purposes of this Section 17.400.095, a multi-family dwelling unit shall indicate two or more attached dwelling units on a single property.
E.   Accessory Dwelling Unit Density. No more than one accessory dwelling unit is allowed on a property containing single-family dwellings, except that an accessory dwelling unit may be combined with a junior accessory dwelling unit described in Subsection L. More than one accessory dwelling unit is allowed on a property containing multi-family dwellings under one of the following circumstances:
   1.   Accessory dwelling units shall be allowed within existing structures on 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 number of existing 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.
   2.   A maximum of two detached, new construction accessory dwelling units shall be allowed on a property with existing multi-family dwelling units, with a maximum building height that complies with the standard established by the applicable Zoning District in which the subject property is located pursuant to Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) 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 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 are entirely fully habitable, and shall include independent kitchen and bathroom facilities.
J.   Occupancy Restrictions. Accessory dwelling units shall not be sold separately from the primary residence, and shall not be used for rentals of terms of 30 days or less. Owner occupancy is not required for accessory dwelling units.
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.
   4.   Through Lots. An accessory dwelling unit constructed on a through lot is permitted to have a reduced setback of at least two feet from one front lot line along the property line that is of greater distance from the primary residence and/or the property line separating the parcel from the street of a higher classification or designation. In case of irregular lots, the Director shall determine which one front lot line is eligible for reduced setback.
L.   Junior Accessory Dwelling Units. In addition to an accessory dwelling unit as provided in this Section, a junior accessory dwelling unit may be permitted on a property zoned for a single-family residences with one primary dwelling. The following establishes standards for junior accessory dwelling units.
   1.   Maximum Unit Size. A junior accessory dwelling unit may be up to 500 square feet.
      a.   Maximum permitted unit size shall include any floor area, including basements and lofts, confined from exterior wall to exterior wall.
   2.   Density. No more than one junior accessory dwelling unit is allowed on a property.
   3.   Location.
      a.   A junior accessory dwelling unit shall be located entirely within a proposed or existing primary dwelling unit, subject to the following:
         i.   A junior accessory dwelling shall be entirely within the walls of the proposed or existing single family residence. A junior accessory dwelling may be in an attached garage, but may not be in a detached accessory structure.
         ii.   A junior accessory dwelling unit shall have separate exterior access independent from the proposed or existing primary dwelling unit.
      b.   Junior accessory dwelling units are prohibited in the Hillside Areas shown on Map 4-2.
   4.   Parking. No additional parking is required for a junior accessory dwelling unit. When existing off-street parking for the primary dwelling unit is demolished or converted in conjunction with the construction of a junior accessory dwelling unit, replacement parking is not required.
   5.   Habitability. Junior accessory dwelling units shall include a kitchen. Junior accessory dwelling units attached to the primary dwelling unit may share bathroom facilities with the primary dwelling unit.
   6.   Occupancy Restrictions. Junior accessory dwelling units shall not be sold separately from the primary dwelling unit and shall not be used for rentals of terms of 30 days or less. Owner occupancy is required for junior accessory dwelling units in either the remaining portion of the primary residence or the junior accessory dwelling unit.
M.   Other Development Standards.
      1.   Unless stated in this Section, all other development standards for accessory dwelling units and junior accessory dwelling units 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.
      2.   Conversion of Existing Structures. For the purpose of converting an existing structure into an accessory dwelling unit or junior accessory dwelling unit, an existing structure is defined as one of the following:
         a.   A structure that has been issued a building permit and has passed a final inspection or issued a certificate of occupancy; or
         b.   A structure that has been issued Deferred Compliance through the Amnesty Program or through Deferred Compliance by the Municipal Code Appeals Committee (MCAC).
N.   Application Process. The following is the application process for accessory dwelling units and junior accessory dwelling units.
   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.
   3.   Prior to Building Permit final inspection and/or prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy, projects resulting in 750 square feet or more of cumulative residential floor area for all accessory dwelling units located at the subject property shall pay In-Lieu Parkland Dedication fees pursuant to Section 15.06.300 (Park Dedication or Payment of Fees) of this Code.
Map 4-2 Accessory Dwelling Units Prohibited
(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; Ord. No. 2021-012 § 3 (part))