The Code Amendment proposed concerning Accessory Dwelling Units (ADUs) is in response to the provisions of AB 1866, effective July 1, 2003 (Government Code §65852.150 et seq.), which mandates the creation of accessory second dwelling units in the single family zones. The provisions of this bill allow local jurisdictions to impose standards on second units that include, but are not limited to:
· parking
· height setbacks
· lot coverage
· architectural review
· maximum size of a unit standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places
· provide that ADUs do not exceed the allowable density for the lot upon which the second unit is located
· that the ADUs are a residential use that is consistent with the existing General Plan and zoning designation for the lot

Currently, the Department of City Planning has been operating on a Departmental Memorandum that was to serve as interim procedures until permanent standards were adopted into the Los Angeles Municipal Code, thereby making the City of Los Angeles non-compliant. This process has now been placed on indefinite hold.

Other neighboring jurisdictions have either completed this process or are currently completing the process. Sharon Commins of the Mar Vista NC prepared the following comparison of what has been further conditioned by these jurisdictions beyond the State requirements.

Pasadena

Minimum lot size 15,000 sq ft
Maximum unit size 800 sq ft
Zones allowed RS
Location if detached behind primary unit
Applicant resident property owner
Owner occupancy either unit
Parking 2 covered spaces
Setbacks requirements of the zone
Distance/spacing ADU parcels 500 ft apart
Height 12 ft to 17 ft
Building separation 6 ft
Additional notes:
· NO trailers or prefab housing
· ADU only allowed with existing single family primary residence onsite
· IF owner occupies neither unit, ADU automatically declared nonhabitable space, may not be used as dwelling or rented unit.
· Demolition of existing SF unit NOT allowed for ADU construction
· 20 new ADUs/year, limit 200 in 10 years
· ADU lot must be connected to public sewer system

Burbank

Minimum lot size 6,000 sq ft
Maximum unit size 500 sq ft
Zones allowed R
Location if detached behind primary unit
Applicant resident property owner
Owner occupancy either unit
Parking 1 uncovered space not in driveway
Setbacks requirements of the zone
Distance/spacing ADU parcels 300 ft apart
Height 13 ft to 17 ft
Building separation not stated
Additional notes
· May NOT be built over garage
· Covenant/deed restriction required
· Requires yearly certification that owner occupies one of the units
· Units connect to common sewage disposal; utilities metered through primary unit
· ADUs may not be located within 20 feet of a horse keeping zone R-1H

Santa Monica

Minimum lot size 5,000 sq ft
Maximum unit size 650 sq ft (min 220 sq ft)
Zones allowed R-1 and OP-1
Location if detached subordinate to main unit
Applicant resident property owner
Owner occupancy either unit
Parking 1 space not in front no tandem except lots 30 ft wide
Setbacks requirements of the zone
Distance/spacing none
Height 14 ft
Building separation not stated
Additional notes
· ADUs may be developed on parcels which contain no more than one existing single-family residence
· Garage conversions not allowed unless parking requirements are met
· ADUs SHALL be used for occupancy by the resident owner, dependent of the owner or care giver of either
· Kinship, disability are defined for legal occupancy
· Convent/deed restriction required
· Lot coverage of ADU counts toward parcel total

Culver City

Minimum lot size 6,000 sq ft
Maximum unit size 600 sq ft (min 220sq ft)
Zones allowed R1, R2, R3 Zones
Location if detached behind primary unit
Applicant resident property owner
Owner occupancy primary unit
Parking 1 uncovered, non-tandem space
Setbacks requirements of the zone
Distance/spacing none
Height 26 to 30 ft
Building separation not stated
Additional notes
· 1 separate bedroom per ADU
· ADUs permitted on properties with no more than one existing dwelling unit currently on the site
· No tandem parking unless adjacent to an alley, owner pays for paving alley if needed
· One ADU per property

Los Angeles (proposed)

Minimum lot size 5,000 sq ft
Maximum unit size 1,200 sq ft
Zones allowed ALL R zones, incl multiple
Location if detached not defined in interim guidelines
Applicant not defined in interim guidelines
Owner occupancy not defined in interim guidelines
Parking 1 space, tandem allowed per interim guidelines
Setbacks requirements of the zone
Distance/spacing not defined in interim guidelines
Height two story and over garage
Building separation 10 ft per fire code
Additional notes
· Legalize bootleg units citywide as part of proposed ordinance (CF09-2589)
· Parking encroachments may be allowed in setbacks
· LA might not require owner to occupy either unit (stated in public presentation 11-7-2009, Sun Valley)
· No limits on persons occupying ADU established in interim guidelines
· No covenant/deed restriction required o property owner per interim guidelines