Accessory dwelling units and junior accessory dwelling units shall be permitted uses in areas zoned to allow single-family or multi-family dwelling residential use on lots that contain a proposed or existing single-family dwelling or a proposed or existing multi-family dwelling, provided that the unit complies with this section.
An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use that is consistent with the existing General Plan and zoning designations for the lot. In addition, accessory dwelling units shall comply with the following standards:
(a) Review and approval.
(1) Ministerial approval. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding any local ordinance regulating the issuance of variances or special use permits.
(2) Building permit. Accessory dwelling units and junior accessory dwelling units require a building permit issued in conformance with all Building Codes and this section. This section shall not validate any existing accessory dwelling unit or junior accessory dwelling unit constructed without the benefit of City-issued permits.
(3) Approval period.
a. If there is an existing single-family or multi-family dwelling on the lot, the Community Development Director and Chief Building Official shall act on all required permits for accessory dwelling units or junior accessory dwelling units within 60 days after receipt of a complete and Code compliant application.
b. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the applicant is encouraged to submit the accessory dwelling unit and other proposal(s) for combined review by the Community Development Director and Chief Building Official. If the applicant makes this election, the applicant voluntarily forgoes the streamlining procedures of subsection (b). If the applicant does not elect combined review and the application for the accessory dwelling unit complies with the streamlining procedure of subsection (b), the Community Development Director and Chief Building Official will apply the streamlining procedure of subsection (b) to the application, including the 60 day time period to act on a complete and Code compliant application.
c. If the applicant requests a delay of the City's action on the application for an accessory dwelling unit, the 60 day time period shall be tolled for the period of the delay.
d. For either option in paragraphs b or c, the certificate of occupancy for the accessory dwelling unit shall not be issued before the certificate of occupancy for the primary dwelling unit.
e. The City may charge a fee to reimburse it for costs incurred to implement the approval process in paragraphs (3)(a) and (c), including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) Noncompliant proposals. If the requirements of this section are not met, the proposed accessory dwelling unit or junior accessory dwelling unit cannot be approved under this section. Notwithstanding the foregoing, applicants may seek approval of the unit, addition, or renovation under the city's generally applicable standards and procedures, including a variance under Section
10-2.2510.
(5) Conversion of existing residence. An existing residence may be converted to an accessory dwelling unit in conjunction with development of a new primary dwelling unit, so long as the primary dwelling unit meets required development standards.
(6) Existing accessory dwelling unit. An existing accessory dwelling unit or junior accessory dwelling unit may be enlarged or modified only in accordance with the requirements of this Section.
(7) Density. To the extent required by California Government Code Section
65852.2, an accessory dwelling unit or junior accessory dwelling unit built in conformance with this Section does not count toward the allowed density for the lot upon which the accessory dwelling unit is located.
(8) General Plan and zoning designations. Accessory dwelling units and junior accessory dwelling units approved in compliance with this section are a residential use that is consistent with the City's General Plan and Zoning Ordinance.
(9) Clean and waste water. Accessory dwelling units shall not be approved absent a finding of adequate water supply and wastewater treatment capacity.
a. For accessory dwelling units or junior accessory units built within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, the accessory dwelling unit can be accommodated with the existing water service and existing sewer lateral or septic system, insofar as evidence is provided that the existing water service and existing sewer lateral or septic system has adequate capacity to serve both the primary residence and accessory dwelling unit. No additional water meter shall be required, unless requested by the applicant.
b. Applicants that meet the requirements for streamlined approval of accessory dwelling units or junior accessory units built within existing space of a single-family dwelling or accessory structure under subsection (b)(2) of this section shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.
c. Applicants that meet the requirements for streamlined approval of accessory dwelling units under subsections (b)(3) through (5) of this section or for other accessory dwelling units under subsection (c) may be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility. Applicants may be required to pay a connection fee or capacity charge proportionate to the burden of the proposed accessory dwelling unit on the water or sewer system based on either its living area or its DFU values as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, as codified in the California Plumbing Code.
(10) Owner occupancy. Any declaration of restrictions regarding owner occupancy previously recorded in conjunction with development of an accessory dwelling unit remains valid and binding on any successor in ownership of the property unless the accessory dwelling unit is removed. For any accessory dwelling unit permitted after January 1, 2025, for single-family residential zones, the primary unit or the accessory dwelling unit shall be occupied by the owner of the property. Prior to the issuance of a building permit for the accessory dwelling unit, a covenant shall be recorded that specifies that the owner must live primarily in one of the units.
(11) One application for accessory dwelling units on lots with multi-family dwellings. Where an accessory dwelling unit was constructed on a lot with a proposed or existing multi-family dwelling under subsection (c)(2), an application may not thereafter be submitted under subsection (b) for a streamlined accessory dwelling unit on the same lot.
(b) Standards for streamlined accessory dwelling units. Under California Government Code Section
65852.2(e), the City shall approve the following streamlined accessory dwelling units if the specified development standards and use restrictions are met:
(1) Standards applicable to all streamlined accessory dwelling units and junior accessory dwelling units.
a. The accessory dwelling unit or junior accessory dwelling unit complies with applicable building codes and health and safety regulations; however, the accessory dwelling unit or junior accessory dwelling unit is not required to provide fire sprinklers unless fire sprinklers are required for the primary dwelling. All structures, however, including accessory dwelling units and junior accessory dwelling units, shall comply with building codes, including, but not limited to, fire rating requirements and setbacks established in the LCP where required to comply with the coastal resource protection policies of the LCP.
b. The accessory dwelling unit or junior accessory dwelling unit may be rented in full or in part for the purpose of overnight lodging for terms of 30 or more consecutive days, but it shall not be rented for overnight lodging or subleased for shorter terms. Neither the primary dwelling nor the accessory dwelling unit or junior accessory dwelling unit shall be sold or otherwise conveyed separately from the other unit unless the sale or conveyance of the ADU meets the requirements set forth in Government Code Section
65852.26.
c. If the accessory dwelling unit or junior accessory dwelling unit will be connected to an onsite water treatment system, the applicant may be required to submit a percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years.
d. The applicant shall provide one off-street parking space per accessory dwelling unit that complies with the requirements of Section
10-5.1704 on the same lot as the accessory dwelling unit and dedicated for non-exclusive use by the occupant(s) of the accessory dwelling unit on lots located along and west of Catalina Avenue, including lots fronting the inland side of Catalina Avenue from Knob Hill Avenue to Paseo de la Playa, as shown in the Accessory Dwelling Unit Parking Overlay as depicted in Figure 1. For all other areas, the applicant shall provide one parking space, except if one of the following parking exemptions applies, in which case no parking is required:
1. The ADU would be located within the existing primary dwelling or all or part of an existing accessory structure.
2. The ADU would be located within one-half mile of public transit.
3. The ADU would be located in an architecturally or historically significant district.
4. The ADU would be located on a property within one block of a designated car share parking location.
Notwithstanding any other provisions of this Code, the required parking space may be located as a tandem space in an existing driveway or in the required setbacks, and may have a permeable, all-weather surface, unless specific findings are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions. The parking space for the primary dwelling and the accessory dwelling unit may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, enclosed spaces, unenclosed spaces, or tandem spaces, or by the use of mechanical automobile parking lifts; provided that the spaces and driveway comply with the requirements of Section 10-5.1704. |
When a private garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit or converted to a junior accessory dwelling unit or an accessory dwelling unit, replacement off-street parking spaces are required unless existing off-street parking exists that provides the minimum number of required off-street parking spaces for the primary structure(s). |
(2) Within existing space (single-family)—Accessory dwelling units and junior accessory dwelling units.
a. The accessory dwelling unit or junior accessory dwelling unit is located in a zoning district that allows single-family residential use.
b. The lot on which the accessory dwelling unit or junior accessory dwelling unit is located contains an existing or proposed single-family dwelling.
c. The lot on which the accessory dwelling unit or junior accessory dwelling unit is located contains no more than one accessory dwelling unit or junior accessory dwelling unit.
d. The accessory dwelling unit or junior accessory dwelling unit is wholly within the existing or proposed space of a single-family dwelling or the existing space of a physically attached accessory structure, or requires an addition of no more than 150 square feet to an existing accessory structure to accommodate ingress and egress.
e. The accessory dwelling unit or junior accessory dwelling unit has exterior access independent from the existing single-family dwelling. Applicants are encouraged to locate the exterior access so that it does not face the front property line.
f. The junior accessory dwelling unit is no greater than 500 square feet in living area.
g. The existing single-family dwelling or accessory structure has side and rear setbacks sufficient for fire and safety. If the existing dwelling or structure complies with the City's setback requirements as described in this Code, it shall automatically meet this standard.
h. If a junior accessory dwelling unit is proposed, it complies with the requirements of California Government Code Section
65852.22.
1. This includes the requirement of a recorded deed restriction for the junior accessory dwelling unit, which shall run with the land and be filed with the permitting agency that prohibits the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. The deed restriction includes a restriction on the size and attributes of the junior accessory dwelling unit in conformance with the Redondo Beach Municipal Code and California Government Code Section
65852.22.
2. This includes the requirement that either the primary unit or the junior accessory dwelling unit shall be occupied by the owner of the property. Prior to the issuance of a building permit for the junior accessory dwelling unit, a covenant shall be recorded that specifies that no more than one of the units may be rented. The owner must live primarily in one of the units. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
(3) Detached, new construction (single-family)—Accessory dwelling units.
a. The accessory dwelling unit is located in a zoning district that allows single-family residential use.
b. The lot on which the accessory dwelling unit is located contains an existing or proposed single-family dwelling.
c. The lot on which the accessory dwelling unit is located contains no more than one accessory dwelling unit or junior accessory dwelling unit.
d. The accessory dwelling unit is detached from the single-family dwelling.
e. The accessory dwelling unit is new construction.
f. The accessory dwelling unit is located at least four feet from the side and rear lot lines, is no greater than 800 square feet in living area, and has a height of no more than 16 feet, measured from the lowest portion of the building that is above ground to the top most portion of the roof, exclusive of chimneys or vents.
g. Due to fire and life safety building standards, the minimum distance between a dwelling unit and an accessory structure, or between two accessory structures on the same site shall be five feet, unless the structure otherwise meets the Building Code for fire rating.
(4) Wholly within existing space or proposed multi-family project (two-family or multi-family)— Accessory dwelling units.
a. The accessory dwelling unit is located in a zoning district that allows residential use.
b. The lot on which the accessory dwelling unit is located contains an existing or proposed two-family or multi-family dwelling.
c. The accessory dwelling unit is located within a portion of the existing two-family or multi-family dwelling structure that is not used as living area.
d. The total number of accessory dwelling units within the dwelling will not exceed 25% of the existing number of primary dwelling units within the existing two-family or multi-family dwelling structure, provided that all two-family or multi-family dwellings shall be permitted at least one accessory dwelling unit.
(5) Detached, new construction (two-family or multi-family)—Accessory dwelling units.
a. The accessory dwelling unit is located in a zoning district that allows residential use.
b. The lot on which the accessory dwelling unit is located contains an existing or proposed two-family or multi-family dwelling.
c. The accessory dwelling unit is detached from the two-family or multi-family dwelling.
d. The accessory dwelling unit is located at least four feet from the side and rear lot lines and has a height of no more than 16 feet, measured from the lowest portion of the building that is above ground to the top most portion of the roof, exclusive of chimneys or vents.
e. Two detached accessory dwelling units are permitted per lot.
f. Due to fire and life safety building standards, the minimum distance between a dwelling unit and an accessory structure, or between two accessory structures on the same site shall be five feet, unless the structure otherwise meets the Building Code for fire rating.
(c) Standards for other accessory dwelling units. These criteria cover accessory dwelling unit applications that do not meet the criteria under California Government Code Section
65852.2(e) for streamlined accessory dwelling units, including accessory dwelling units that are a conversion or use of an existing attached or detached structure accessory to a primary residence and expansion of an existing single family unit beyond 150 square feet for ingress and egress for an attached accessory dwelling unit. Applications under this subsection
(c) shall be limited to one accessory dwelling unit per lot.
Any accessory dwelling unit that does not meet the criteria of subsection
(b) shall meet the following development standards and use restrictions:
(1) The accessory dwelling unit is located in a zoning district that allows single-family residential use.
(2) The lot on which the accessory dwelling unit is located contains an existing or proposed single-family dwelling or multi-family dwelling.
(3) The lot on which the accessory dwelling unit is located does not contain another accessory dwelling unit or junior accessory dwelling unit.
(4) The accessory dwelling unit meets all nondiscretionary requirements for any single-family dwelling located on the same parcel lot in the same zoning district. These requirements include, but are not limited to, building height, setback, site coverage, floor area ratio, building envelope, payment of any applicable fee, and Building Code requirements. The following exceptions to these requirements apply:
a. No setback is required for an accessory dwelling unit located within an existing living area or existing accessory structure, or an accessory dwelling unit that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced. A side and rear yard setback of at least four feet is required for all other accessory dwelling units or portions thereof, including new structures that exceed the footprint of the structure being replaced.
b. The minimum distance between a dwelling unit and an accessory structure, or between two accessory structures on the same site shall be five feet.
c. The minimum lot area per dwelling unit required by the applicable district shall not apply.
d. The height of an accessory dwelling unit shall be no more than 16 feet, measured from the lowest portion of the building that is above ground to the topmost portion of the roof, exclusive of chimneys or vents. No detached accessory dwelling unit structure shall exceed one story in height.
e. The only architectural and design standards that apply to accessory dwelling units are as follows:
1. The accessory dwelling unit shall use similar exterior siding materials, colors, window types, door and window trims, roofing materials, and roof pitch as the primary dwelling.
2. If the accessory dwelling unit is attached to a primary dwelling, the accessory dwelling unit shall have an entrance separate from the primary dwelling located so that it is not visible from a public street, where feasible.
3. The entrance to a detached accessory dwelling unit shall be located at least four feet from any property line. Applicants are encouraged to locate the entrance at least 10 feet from any property line.
4. If the property abuts an alley, any driveway access for an ADU must be provided through the alley.
5. For accessory dwelling units attached to a single-family primary dwelling unit, new entrances and exits are allowed on the side and rear of the structures only.
6. The City shall apply the Preservation Ordinance, Chapter 10-4 of the Redondo Beach Municipal Code, to an application for an accessory dwelling unit under this subsection, including, but not limited to, the enforcement of an existing or future contract between the applicant and the City under the Mills Act (Cal. Government Code Sections
50280 to
50290 and California Revenue and Taxation Code Sections
439 to 439.a) to preserve and/or restore a historic structure.
f. Under California Government Code Section
65852.2, no passageway is required in conjunction with the construction of an accessory dwelling unit. "Passageway" is defined as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
g. The accessory dwelling unit is not required to provide fire sprinklers unless fire sprinklers are required for the primary single-family dwelling.
(5) The living area of the accessory dwelling unit shall not exceed 850 square feet for studios or one-bedroom accessory dwelling units or 1,000 square feet for accessory dwelling units that provide more than one bedroom.
(6) Limits on the living area of an accessory dwelling unit based on percentage of proposed or existing primary dwelling size, lot coverage, floor area ratio, open space, or lot size shall not be used to reduce the living area of the accessory dwelling unit below 800 square feet or limit the height of the accessory dwelling unit below 16 feet.
(7) The minimum living area of the accessory dwelling unit shall be no less than 150 square feet or the minimum required for an efficiency dwelling unit as defined in Health and Safety Code Section
17958.1, as may be amended from time to time.
(8) Parking.
a. The applicant shall provide one off-street parking space for each accessory dwelling unit that complies with the requirements of Section
10-5.1704 on the same lot as the accessory dwelling unit and dedicated for non-exclusive use by the occupant(s) of the accessory dwelling unit on lots located along and west of Catalina Avenue, including lots fronting the inland side of Catalina Avenue, from Knob Hill Avenue to Paseo de la Playa, as shown in the Accessory Dwelling Unit Parking Overlay depicted in Figure 1.
Figure 1. Proposed ADU Replacement Parking Area |
For all other areas, the applicant shall provide one parking space, except if one of the following parking exemptions applies, in which case no parking is required:
1. The ADU would be located within the existing primary dwelling or all or part of an existing accessory structure.
2. The ADU would be located within one-half mile of public transit.
3. The ADU would be located in an architecturally or historically significant district.
4. The ADU would be located on a property within one block of a designated car share parking location.
When a private garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit or junior accessory dwelling unit, replacement off street parking spaces is required unless existing uncovered off-street parking exists that provides the minimum number of required off-street parking spaces for the primary structure(s). |
b. Notwithstanding any other provisions of this Code, the required parking space may be located as a tandem space in an existing driveway or in the required setbacks, and may have a permeable, all-weather surface, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. All parking spaces provided shall have dimensions that conform with the requirements of Section
10-5.1704.
c. The parking spaces for the primary dwelling and the accessory dwelling unit may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, enclosed spaces, unenclosed spaces, or tandem spaces, or by the use of mechanical automobile parking lifts; provided, that the spaces and driveway comply with the requirements of Section
10-5.1704.
(9) The accessory dwelling unit may be rented in full or in part for the purpose of overnight lodging for terms of 30 or more consecutive days, but it shall not be rented or subleased for shorter terms. Neither the single-family primary dwelling nor the accessory dwelling unit shall be sold or otherwise conveyed separately from the other unit.
(10) No impact fees, as defined in Government Code Section
65852.2(f), shall be imposed on any accessory dwelling unit or junior accessory dwelling unit with a living area of less than 750 square feet. Impact fees for all other accessory dwelling units shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(§ 3, Ord. 2912 c.s., eff. November 6, 2003, as amended by § 1, Ord. 3102 c.s., eff. February 8, 2013, § 1, Ord. 3107 c.s., eff. February 8, 2013, § 4, Ord. 3187 c.s., eff. May 16, 2019, and §§ 6, 7, Ord. 3242 c.s., eff. October 19, 2022)
