22.44.1370 – Accessory Dwelling Units and Habitable Accessory Structures.
A.
The purpose of this section is to provide for accessory dwelling units and other habitable accessory structures. Only one such accessory dwelling unit or habitable accessory structure shall be allowed on a property.
B.
All proposed accessory dwelling units and habitable accessory structures shall be required to retire one transfer of development credit pursuant to Section 22.44.1230. Caretaker’s dwelling units (caretaker’s residences and mobilehomes), as described in this section, shall be exempt from this requirement.
C.
Accessory Dwelling Units.
1.
The following accessory dwelling units may be permitted in the Coastal Zone subject to the following requirements. All accessory dwelling units shall:
a.
Contain no more than 750 square feet of floor area;
b.
Be clearly subordinate to the primary use or dwelling on the property, and shall be clustered on the same building site area as the primary use or residence;
c.
Be compatible in terms of external appearance with existing residences in the vicinity of the lot or parcel of land on which it is proposed to be constructed;
d.
Have an on-site wastewater treatment system (OWTS) approved by the Departments of Public Health and Public Works that is separate from the OWTS for the primary structure(s) if applicable;
e.
Have a maximum height consistent with the standard in Section 22.44.1250;
f.
Not be considered a principal permitted use; and
g.
Be prohibited in H1 habitat, H1 Buffer, and the Quiet Zone.
2.
Caretaker’s dwelling unit. A caretaker’s dwelling unit shall:
a.
Be either a residence or a mobilehome;
b.
Be prohibited on property containing a single-family residence, and shall be prohibited on a property already containing a caretaker’s residence or caretaker’s mobilehome;
c.
Only be used by a caretaker and his/her immediate family. A caretaker is a person residing on the premises of an employer and who is receiving meaningful compensation to assume the primary responsibility for the necessary repair, maintenance, supervision or security of the real or personal property of the employer which is located on the same or contiguous lots or parcels of land.
d.
Caretaker’s mobilehomes shall be removed from the site prior to the end of five years, unless a different time period is specified by the hearing officer or Commission.
3.
Senior citizen’s residence. Senior citizen’s residences are attached or detached from the primary residence for the use of senior citizens, subject to the following requirements:
a.
A senior citizen’s residence shall only be permitted on a property containing a single-family residence as the primary use, and shall not be allowed on a property containing a second unit or a guest house;
b.
Not more than two persons, one of whom is not less than 62 years of age or is a person with a disability, shall live in the senior citizen residence at any one time;
c.
The property owner shall furnish and record an agreement in the office of the County Recorder of Los Angeles County, as a covenant running with the land for the benefit of the County of Los Angeles, providing that should the senior citizen residence be occupied in a manner not in conformity with subsection C.3.b of this section, the building or portion thereof shall be removed;
d.
Every five years following the effective date of the permit, the applicant(s) or his successor(s) in interest shall without individual notice or demand from Regional Planning provide the Director with an affidavit, made under penalty of perjury, indicating that conditions regarding restrictions on occupancy have been complied with. Said affidavit shall indicate the name(s) and age(s) of the occupant(s) of the senior citizen residence. Said affidavit shall be signed by the applicant(s) or his successor(s) in interest, and by the subject resident(s). If an affidavit is not provided within one month of the due date, the permit shall be null and void, and the residence shall be removed;
e.
An attached senior citizen residence shall not exceed 30 percent of the existing floor area of the primary residence or 750 square feet, whichever is less;
4.
Second units.
a.
A second unit is a particular type of accessory dwelling unit. The provisions of this section shall apply if a second unit’s building site, as defined in Section 22.44.630, is located:
i.
Inside a Very High Fire Hazard Severity Zone, as designated pursuant to Government Code section 51178 or 51179;
ii.
Within an area not served by a public sewer system; or
iii.
Within an area not served by a public water system.
b.
Second units shall be subject to the following requirements:
i.
The applicant shall obtain a major CDP, as provided in Section 22.44.800 et seq;
ii.
A second unit shall only be permitted on a property containing a single-family residence as the primary use, and shall not be allowed on a property containing an accessory dwelling unit or habitable accessory structure;
iii.
Single-Family Residence Standards. A second unit shall comply with the development standards for a single-family residence set forth in the applicable zone in which the structure is located;
iv.
Street Access. The lot or parcel of land on which the second unit is located shall take vehicular access from a street or highway with a right-of-way of at least 60 feet in width;
v.
Parking. A second unit with fewer than two bedrooms shall have one uncovered standard parking space; a second unit with two or more bedrooms shall have two uncovered standard parking spaces. A parking space provided for a second unit may be located in tandem with a parking space for the single-family residence only if such design is necessary to provide the required number of parking spaces for both units, and either space may be accessed from the driveway without moving an automobile parked in the other space;
vi.
Floor Area. The minimum floor area shall be 220 square feet, and the maximum floor area shall be 750 square feet;
vii.
Minimum Lot Size. The minimum lot size for a second unit shall be a gross area of one acre;
viii.
Required Yards. In rural areas, each lot or parcel of land on which a second unit is developed shall have front, side, and rear yards of not less than 35 feet in depth;
ix.
The second unit shall be clustered with the main residence within the same building site and may be attached to the main residence where all other requirements herein can be met. An attached second unit shall not be connected internally to the main residence;
x.
A proposed second unit in a Very High Fire Hazard Severity Zone that uses a shared driveway or that is located on a flag lot shall have conceptual approval of the suitability of its access by the Fire Department; the actual access road shall be at least 20 feet in width and shall be improved with all-weather surfacing; and
xi.
Second units shall be prohibited in the following areas:
(A)
Land located more than 2,500 feet from Pacific Coastal Highway, except for the five lots required to contain second units pursuant to the conditions of approval for Tentative Tract Map 46277; and
(B)
On land with a natural slope of 25 percent or more.
D.
Habitable accessory structures. Guest houses may be permitted in the Coastal Zone as habitable accessory structures located on the same property as a single-family residence, for use by temporary guests of the occupants of the residence, subject to the following requirements. All such accessory structures shall:
1.
Not contain a kitchen or kitchen facilities (including, but not limited to, wet bars, microwaves, stoves, ovens, and kitchen sinks).
2.
Be clustered with the main residence on the building site area.
3.
Have an open floor plan without any interior partitions except for a bathroom.
4.
Not be rented or otherwise used as a separate dwelling.
5.
Comply with all required yards of the zone.
6.
Have a maximum height consistent with the standard in Section 22.44.1250.
7.
Only have plumbing for the purpose of supplying water to and disposing of waste from a toilet or bathroom.
8.
Have an on-site wastewater treatment system separate from the primary residence.
9.
Not be allowed on a property containing an accessory dwelling unit.
10.
Be prohibited in H1 habitat, H1 Buffer, and the Quiet Zone.
11.
Only be established on a lot or parcel of land having not less than one and one-half times the required area, except that said quarters may be established on any lot or parcel of land containing 10,000 square feet or more.
12.
Contain no more than 750 square feet of floor area.
E.
Variances. The yard development standards for accessory dwelling units and habitable accessory structures may be modified by variance in accordance with the provisions of 22.44.1150.
(Ord. 2014-0055 § 6, 2014.)