This chapter shall be known as the "Malibu Accessory Dwelling Unit Ordinance."
(Ord. 511, 1/8/2024)
The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22. The entire city of Malibu is located in a designated "Very High Fire Hazard Severity Zone," and this chapter ensures that ADUs and JADUs are developed and operated on adequate sites, at proper and desirable locations, and that the goals and objectives of the general plan are observed.
(Ord. 511, 1/8/2024)
An ADU or JADU that conforms to the standards in this chapter will be:
A. 
Deemed to be consistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
B. 
Deemed not to exceed the allowable density for the lot on which the ADU or JADU is located.
C. 
Considered not to be subject to the application of any local ordinance, policy, or program to limit residential growth.
D. 
Permitted to maintain a nonconforming zoning condition. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.1. For purposes of this chapter, "nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
(Ord. 511, 1/8/2024)
"Accessory dwelling unit"
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. 
An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code and the California Building Code; and
2. 
A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Efficiency kitchen"
means a kitchen that includes all of the following:
1. 
A cooking facility with appliances;
2. 
A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Junior accessory dwelling unit"
means a residential unit that:
1. 
Is no more than 500 square feet in size;
2. 
Is contained entirely within an existing or proposed single-family structure; an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;
3. 
Has an independent exterior entrance, apart from that of the primary dwelling;
4. 
Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and
5. 
Includes an efficiency kitchen.
"Passageway"
means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit or junior accessory dwelling unit.
"Proposed dwelling"
means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
"Public transit"
means a location, including, but not limited to, a bus stop, where the public may access buses and other forms of transportation that charges set fares, run on fixed routes, and available to the public.
"Tandem parking"
means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
"Very high fire hazard severity zone"
means zone as defined by Government Code Section 51177 and designated by Ordinance 299.
(Ord. 511, 1/8/2024)
A. 
ADUS and JADUs under Section 17.44.060(A) shall be allowed on lots that are in a residential or mixed-use zone.
B. 
ADUs under Section 17.44.060(B) shall be allowed on lots zoned to allow single-family or multifamily dwelling residential use. These zones include Rural Residential (RR), Single Family (SF), Multifamily (MF), Multifamily Beach Front (MFBF), and Planned Development (PD).
C. 
Areas with Adequate Ingress and Egress. Since the entire city is located within is located in a designated "Very High Fire Hazard Severity Zone," consistent with Los Angeles County Fire Department requirements to ensure adequate ingress and egress for fire safety, a minimum street width of 20 feet shall be required. ADUs are not allowed on parcels that do not have ingress and egress to a street at least 20 feet in width.
D. 
Multifamily Lots. ADUs are allowed on multifamily lots pursuant to 17.44.060(A)(3) and (A)(4). New attached ADUs are not allowed.
(Ord. 511, 1/8/2024)
The following approvals apply to ADUs and JADUs developed under this chapter. Because the city of Malibu lies entirely within the Coastal Zone, every ADU application in the city is subject to an analysis for compliance with the Local Coastal Program (LCP) and Coastal Act before it is reviewed for compliance with this chapter. If an application for an ADU is not subject to the LCP, then this Chapter governs. State law is explicit about the Coastal Act not being preempted by the State's ADU statute (Government Code Section 65852.2, subdivision (1)).
A. 
Building-Permit Only. If an ADU or JADU complies with each of the general requirements in Section 17.44.080 below, it is allowed with only a building permit in the following scenarios:
1. 
Converted on Single-Family Lot. One ADU as described in this subsection (A)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. 
Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. 
Has exterior access that is independent of that for the single-family dwelling; and
c. 
Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d. 
The JADU complies with the requirements of Government Code Section 65852.22.
2. 
Limited Detached on Single-family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (A)(1) above if the detached ADU satisfies each of the following limitations:
a. 
The side- and rear-yard setbacks are at least four feet.
b. 
The total floor area is 800 square feet or smaller.
c. 
The peak height above grade does not exceed the applicable height limit in subsection 17.44.080(I) below.
3. 
Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (A)(3) at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
4. 
Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
a. 
The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b. 
The peak height above grade does not exceed the applicable height limit provided in subsection 17.44.080(I) below.
B. 
Administrative Plan Review Permit (APR).
1. 
Except as allowed under subsection A, no ADU may be created without a building permit and an APR permit in compliance with the standards set forth in Sections 17.44.080 and 17.44.090.
2. 
The city may charge a fee to reimburse it for costs incurred in processing APR permits, including the costs of adopting or amending the city's ADU ordinance. The APR permit processing fee is determined by the city council by resolution.
(Ord. 511, 1/8/2024)
A. 
An APR is considered and approved ministerially by the planning director without discretionary review or a hearing.
B. 
The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application, unless either:
1. 
The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
2. 
When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
C. 
If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection B above.
D. 
A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
(Ord. 511, 1/8/2024)
The following requirements apply to all ADUs and JADUs that are approved under Section 17.44.060.
A. 
Rental Term. An ADU or JADU may not be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
B. 
Rental Rate Reporting. To facilitate the city's obligation to identify adequate sites in accordance with Government Code Sections 65583.1 and 65852.2, and to allow ADUs to count towards the city's Regional Housing Needs Assessment (RHNA) requirements, within 90 days after each January 1 following issuance of the building permit, the owner shall report the actual rent charged for the ADU or JADU during the prior year.
C. 
No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
D. 
Septic System. If the ADU or JADU will connect to an on-site water treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
E. 
Fire Sprinklers.
1. 
Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
2. 
The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
F. 
Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
1. 
Except as otherwise provided in Government Code Section 65852,26, the ADU or JADU may not be sold separately from the primary dwelling.
2. 
The ADU or JADU must remain an ADU unless city approval is obtained to convert the structure to a different accessory structure.
3. 
An ADU or JADU created cannot be rented for less than 30 days.
4. 
The ADU or JADU is restricted to the approved size.
5. 
The JADU must be reconverted to be part of the primary residence if the owner does not reside on the property.
6. 
The deed restriction runs with the land and may be enforced against future property owners.
7. 
The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.
8. 
The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
G. 
Building and Safety.
1. 
Must Comply With Building Code. Subject to subsection (H)(2) below, all ADUs and JADUs must comply with all local building code requirements.
2. 
No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (H)(2) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
H. 
Height.
1. 
No ADU subject to this chapter may exceed 16 feet in height above grade, as measured from existing or finished legal grade, whichever results in the lower building height except as provided in subsections (I)(2) through (I)(4).
2. 
A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
3. 
A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
4. 
An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (I)(4) may not exceed two stories.
(Ord. 511, 1/8/2024)
The following requirements apply only to ADUs that require an APR permit under Section 17.44.060(B) above.
A. 
Size.
1. 
The maximum square footage of an ADU shall be 850 square feet for a studio or one bedroom and 1,000 square feet for two or more bedrooms. The maximum square footage shall include interior and exterior walls, finished and unfinished basements, mezzanines, storage space, and any space with a height clearance (floor to ceiling height dimension) above six feet. The area of a garage (400 square feet maximum) provided as part of accessory dwelling unit and exterior decks or overhangs that are attached to the structure shall not be included in the 850 to 1,000 square foot limit.
2. 
An ADU that is attached to the primary dwelling is limited to 50 percent of the existing primary dwelling.
3. 
Application of other development standards in this Section 17.44.090 might further the limit the size of the ADU, but no application of an FAR, front-setback, lot-coverage, or open-space requirement may require the ADU to be less than 800 square feet.
4. 
By definition, a JADU may not be larger than 500 square feet.
B. 
Setbacks.
1. 
The front yard setback of an ADU located on a non-beach front lot, subject to this Section 17.44.090, shall be at least 20 percent of the total depth of the lot, or 65 feet, whichever is less. On a beachfront lot, the front yard setback shall be 20 feet maximum or the average of the two immediate neighbors, whichever is less.
2. 
No part of any ADU subject to this Section 17.44.090 may be located within four feet of a side or rear property line.
3. 
No additional setback is required for an ADU that is subject to this Section 17.44.090 if the ADU is constructed in the same location and to the same dimensions as an existing legally established accessory structure that was demolished and then replaced with the ADU.
C. 
Passageway. No passageway, as defined by Section 17.02.060, is required for an ADU.
D. 
Parking.
1. 
Generally. One off-street enclosed or unenclosed parking space is required for each ADU. Unenclosed parking spaces may be provided in setback areas or as tandem parking, as defined by Section 17.02.040.
2. 
Exceptions. No parking under subsection (D)(1) above is required in the following situations:
a. 
The ADU is located within one-half mile walking distance of public transit, as defined in Section 17.02.040.
b. 
The ADU is located within an architecturally and historically significant historic district.
c. 
The ADU is part of the proposed or existing primary residence or an existing accessory structure, under Section 17.44.060(A)(1).
d. 
When on-street parking permits are required but not offered to the occupant of the ADU.
e. 
When there is an established car share vehicle stop located within one block of the ADU.
f. 
When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (D)(2)(a) through (D)(2)(f).
3. 
No Replacement of Parking Required. When a garage, carport, or covered parking structure is: (a) demolished in conjunction with the construction of an ADU; or (b) converted to an ADU, those off-street parking spaces are not required to be replaced. If replacement parking is proposed by the owner, the parking must be located on hardscape.
E. 
Internal Connection. An attached ADU shall not be connected internally to the main residence. A detached ADU shall not be connected internally to any accessory structure except to a legally established garage that serves the ADU.
(Ord. 511, 1/8/2024)
A. 
Impact Fees.
1. 
No impact fee shall be charged for an ADU that is less than 750 square feet in size.
2. 
Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the square footage of the ADU, divided by the square footage of the primary dwelling, times the typical fee amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
3. 
For purposes of this section 17.44.100, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477).
B. 
Utility Fees.
1. 
ADUs constructed with a single-family dwelling shall be subject to standard utility-connection requirements and fees.
2. 
Converted ADUs created under Section 17.44.060(A)(1) are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required unless the ADU is constructed with a new single-family home.
3. 
All ADUs not covered by Section 17.44.100(B)(1) or (B)(2) above require a new, separate utility connection directly between the ADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the square footage or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service.
(Ord. 511, 1/8/2024)
A. 
Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
B. 
Unpermitted ADUs Constructed Before 2018.
1. 
Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
a. 
The ADU violates applicable building standards, or
b. 
The ADU does not comply with the state ADU law (Government Code Section 65852.2) or this ADU Chapter 17.44.
2. 
Exceptions:
a. 
Notwithstanding subsection (B)(1) above the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
b. 
Subsection (B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.
(Ord. 511, 1/8/2024)