Accessory Dwelling Unit Law
A draft ordinance amending Chapter 17.12.170 of the Calabasas Municipal Code by updating the standards and requirements applied to the development of accessory dwelling units (also referred to as second units, in-law units, or granny flats), as required to comply with new California law
• CA State Legislature passed AB 2299 and SB 1069 in August 2016, amending sections of the State law regarding second dwelling units, now known as “Accessory Dwelling Units” to address the housing supply and affordability in California.
• Newly enacted legislation has greatly expanded an owner or developer’s ability to build a second unit and simultaneously restricts a city’s discretionary and regulatory authority over such development.
• Under the new State law, local jurisdictions must revise their local zoning ordinances to conform to the new ADU law.
• On Jan. 19, 2017, Planning Commission adopted Reso. No. 2017- 638 recommending to the City Council adoption of Ordinance No. 2017-347 to amend Chapter 17.12.170 of the CMC to bring the City’s ADU requirements into consistency with the new State law.
Procedural Law Changes
• Requires a local government to ministerially approve ADUs if the unit complies with parking requirements, the maximum allowable unit size, and setback requirements.
• CMC Section 17.12.170 establishes development standards for second units and requires a “non- discretionary administrative plan review.”
• To comply with the new law, CMC Section 17.12.170 shall now require a zoning clearance permit for the review and approval of an ADU.
• Significant disparity created between City permit processes for ADUs & minor additions.
Substantive Law Changes
Maximum Unit Size:
• CMC Section 17.12.170 currently sets the maximum size of an ADU at 700 square-feet.
• The proposed amendment increases the maximum size to 1,200 square-feet, consistent with what State law allows.
• The new State law increases the maximum unit size allowed:
– A detached ADU can be built up to a maximum size of 1,200 sf.
– An attached ADU shall not exceed 50% of the existing living area of the primary unit, inclusive of any basement or attic.
Substantive Law Changes
• The new State law reduces parking requirements:
– One parking space per ADU is required.
– When the existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the City will require replacement parking.
– The City must permit replacement parking spaces in any configuration on the lot, including, but not limited to covered spaces, uncovered spaces, or tandem spaces, or by the use of a mechanical automobile parking lift.
Substantive Law Changes
• Parking is not required for an ADU in the following circumstances:
– The ADU is located within ½ mile of public transit;
– The ADU is located within a historic district;
– The ADU is part of the existing legal primary residence or an existing legal accessory structure;
– On-street preferential permits are required by the City but not offered to the occupant of the ADU; or
– There is a car share vehicle located within one block of the ADU.
CEQA
The adoption of this ordinance is exempt from review under CEQA pursuant to CEQA Section 21084 and CEQA Guidelines Sections 15002(i)(1) and 15061(b)(3).
Summary of Changes to CMC Section
17.12.170 to Comply with new State law
Amendments include the following:
• Process
• Maximum unit size
• Setbacks
• Parking requirements

Recommendation
Staff recommends that the Council introduce Ordinance No. 2017-347, amending Chapter
17.12.170 of the Calabasas Municipal Code to bring into consistency with new CA law standards and requirements for the development of accessory dwelling units.