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33 ORDINANCE NO. 2025-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CULVER CITY,
CALIFORNIA, APPROVING CITY-INITIATED ZONING CODE AMENDMENT P2025-0012-ZCA AMENDING CULVER CITY MUNICIPAL CODE (CCMC) TITLE 17: ZONING CODE; SECTION 17. 400.095 – RESIDENTIAL UNITS –
ACCESSORY DWELLING UNITS TO CLARIFY AND UPDATE EXISTING CODE SECTIONS TO CONFORM TO STATE ACCESSORY DWELLING UNIT LAW.
(Zoning Code Amendment, P2025-0012-ZCA)
WHEREAS, on February 26, 2025, the Planning Commission continued a duly noticed public hearing on a City -initiated Zoning Code Text Amendment ( P2025-0012-ZCA) amending Culver City Municipal Code (CCMC) Title 17: Zoning Code; S ection 17.400.095 – Residential Units – Accessory Dwelling Units to clarify and update existing code sections to conform to State Accessory Dwelling Unit Law to March 26, 2025; and WHEREAS, on March 26, 2025, after conducting a duly noticed public hearing on City-initiated Zoning Code Text Amendment ( P2025-0012-ZCA) amending Culver City Municipal Code (CCMC) Title 17: Zoning Code; S ection 17. 400.095 – Residential Units – Accessory Dwelling Units to clarify and update existing code sections to conform to State Accessory Dwelling Unit Law, and fully considering all reports, studies, testimony, and environmental information presented, the Planning Commission, by a vote of 3 to 0, recommended to the City Council approval of Zoning Code Amendment P2025-0012-ZCA; and WHEREAS, on April 28, 2025, after concluding the duly noticed public hearing on City-initiated Zoning Code Text Amendment ( P2025-0012-ZCA), amending Culver City Municipal Code (CCMC) Title 17: Zoning Code; S ection 17. 400.095 – Residential Units – Accessory Dwelling Units to clarify and update existing code sections to conform to State Accessory Dwelling Unit Law, fully considering all reports, studies, testimony, and
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33 environmental information presented , the City Council , by a vote of 5 to 0, introduced an ordinance to approve Zoning Code Amendment P2025-0012-ZCA, as set forth herein below.
WHEREAS, on May 12, 2025, the City Council, by a vote of __ to __ adopted the Ordinance as set forth below.
NOW, THEREFORE , The City Council of the City of Culver City, California, DOES HEREBY ORDAIN as follows:
SECTION 1. ZONING CODE AMENDMENT Pursuant to the foregoing recitations and the provisions of the CCMC, the following required findings for a n amendment to the Zoning Code, as outlined in CCMC Section 17.620.030.A, are hereby made:
1. The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan, and in the case of the Zoning Code amendment, will not create any inconsistencies with this Title.
The proposed Zoning Code text amendments are intended to update regulations to be consistent with State law regarding accessory dwelling units . These amendments are consistent with Land Use Element Policy 11.2 to encourage a variety of housing types to equitably serve varying household types including ADUs.
The proposed Zoning Code Text Amendments do not conflict with the goals, policies, and strategies of any elements of the General Plan, nor create any inconsistencies.
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City.
The State continues to update accessory dwelling unit law to address the housing shortage in California. The proposed Zoning Code Text Amendments will help to ensure that the Zoning Code is clear and internally consistent with State -mandated accessory dwelling unit laws. The amendments will serve to improve Current Planning’s implementation of General Plan policies and Zoning standards affecting residential property owners and develop ers. The amendments support the public interest, health, safety, convenience, and welfare of the City.
3. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
The Project is considered exempt from CEQA pursuant to CEQA Guidelines Section 21080.17 which exempts the adoption of an ordinance approving Zoning
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33 Code amendments related to accessory dwelling units implement the provisions of Government Code Section(s) 66314 and 66333.
SECTION 2. Pursuant to the foregoing recitations and findings, the City Council of the City of Culver City, California, hereby adopts the Ordinance approving Zoning Code Text Amendment (P2025-0012-ZCA), as set forth in Exhibit “A” attached hereto and made a part thereof.
SECTION 3. Pursuant to Section 619 of the City Charter, this Ordinance shall take effect thirty (30) days after its adoption. Pursuant to Section 616 and 621 of the City Charter, prior to the expiration of 15 days after the adoption, the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City News and shall post this Ordinance or a summary thereof in at least three places within the City.
SECTION 4. The City Council hereby declares that, if any provision, section, subsection, paragraph, sentence, phrase or word of this Ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason or any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases, or words of this Ordinance, and as such they shall remain in full force and effect. ///
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33 APPROVED and ADOPTED this 12th day of May 2025.
____
DAN O’BRIEN, Mayor
City of Culver City, California
ATTESTED BY: APPROVED AS TO FORM:
_______________________
JEREMY BOCCHINO, City Clerk HEATHER BAKER, City Attorney
17.400.095 RESIDENTIAL USES - ACCESSORY DWELLING UNITS.
For Accessory Dwelling Units compliant with CA Government Code Section 66323, see Subsection A.
Subsections A B. through K. establish the standards for the development of an Accessory Dwelling Unit (ADU) not covered Government Code Section 66323 and Subsection LM. establishes the standards for the development of a Junior Accessory Dwelling Unit (JADU), in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone -Specific Standards). Government Code Sections 66310 - 66342 shall supersede any conflicting portions of this ordinance.
A. Minimum Lot Size. No minimum lot size shall be required for an accessory dwelling unit.
A. B. Statewide Exemption ADU Accessory Dwelling Unit (Section 66323) . As established by Government Code Section 66321, development standards in this Title shall apply to the extent they do not prohibit the construction of an accessory dwelling unit of up to 800 square feet that is up to 18 feet in height if detached or 25 feet in height if attached, with four -foot side and rear yard setbacks.
The following ADUs are not required to comply with lot coverage, front setbacks, and design standards and are not subject to other State or local Code requirements except for building code and health and safety requirements for dwellings:
1. One ADU and one JADU per lot within the proposed space of a single -family home or the existing space of a single -family dwelling or accessory structure which may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure . An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. The ADU must have exterior access from the proposed or existing single family dwelling. The JADU must comply with the requirements of section 17.400.095.M.
2. One detached, new construction, ADU that does not exceed four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU can be no more than 800 square feet and not taller than the heights provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable.
3. ADUs w ithin portions of existing multi -family dwellings as described in Section
17.400.095.E.2.a.
4. Detached ADUs on a lot with existing multi -family dwellings , as described in Section
17.400.095.E.2.b.
5. Detached ADUs o n a lot with a proposed multi -family dwelling as described in Section
17.400.095.E.2.b.
B. C. Maximum Unit Size.
1. The maximum permitted unit size of an attached accessory dwelling unit ADU, or an accessory dwelling unit located entirely within a proposed or existing primary dwelling unit, shall not exceed 850 square feet for a one-bedroom unit or 1,200 for a two or more-bedroom unit, or 50% of the gross square footage of the primary dwelling unit on the lot, whichever is less , except as noted in Section B. above.
2. There is no maximum unit size for an ADU located entirely within a proposed or existing primary dwelling unit.
3. The maximum permitted size of a detached accessory dwelling unit ADU shall not exceed 850 square feet for a one-bedroom unit or 1,200 square feet for a two or more-bedroom unit.
4. Maximum permitted unit size shall include any living area as defined in the California building code confined from exterior wall to exterior wall.
C. D. Minimum Unit Size. The minimum unit size of an attached or detached accessory dwelling unit ADU shall be at least 150 square feet, including a kitchen and at least one 3/4 bathroom.
D. E. Zones in which Accessory Dwelling Units ADUs may be Constructed. The construction, use, and maintenance of accessory dwelling units ADUs shall be permitted in areas zoned to allow single-family or multiple-family dwelling residential use. For purposes of this Section 17.400.095, a multiple-family dwelling unit is two or more attached dwelling units on a single property.
E. F. Accessory Dwelling Unit ADU Density and Development Standards.
1. Single-family Dwellings. Accessory dwelling units ADUs are allowed on a property containing single family dwellings under the following circumstances:
a. No more than one accessory dwelling unit ADU within the proposed or existing square footage of a single -family dwelling or existing square footage of an accessory structure that meets specific requirements such as exterior access and setbacks for fire and safety. b. No more than one detached new construction accessory dwelling unit ADU. A new construction attached accessory dwelling unit may be constructed in lieu of the new construction detached accessory dwelling units.
c. No more than one junior accessory dwelling unit JADU within the proposed or existing space of a single-family dwelling that meets specific requirements such as exterior access and setbacks for fire and safety as described in Subsection L. d. For subject properties located in the R1 or R2 Zoning District, the maximum height for accessory dwelling units shall be as established for residential structures in Article 2 (Zoning Districts, Allowable Land Uses and Zone -Specific Standards). For subject properties in all other zones, the maximum height for accessory dwelling units shall be 30 feet.
2. Multiple-family Dwellings. As described in Section 17.400.095.A, ADUsAccessory dwelling units are allowed on a property containing multiple-family dwellings or mixed-use structures on a lot containing multiple-family dwelling units under the following conditions:
a. Converted Units
i. a. The number of accessory dwelling units ADUs shall not exceed 25% of the number of existing units, minimum one unit.
ii. b. The accessory dwelling units ADUs shall only be located within areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or attached garages which are attached or detached. Non-livable space used to create ADUs must be limited to residential areas within a mixed-use development and not the areas used for commercial or other activities.
b. New Construction Units
i. c. The maximum height shall be 30 feet for a detached or accessory dwelling unit ADU on a lot with an existing or proposed multiple-family, multistory dwelling. d. Each accessory dwelling unit must comply with state building standards for dwellings. ii. e. A maximum of eight two detached, accessory dwelling units ADUs shall be allowed on a property with existing multiple-family dwelling units , but not to exceed the number of existing primary dwelling units on the lot. iii. A maximum of two ADUs shall be allowed on a property with proposed multiple- family dwellings.
F. Height. For subject properties located in the R1 or R2 Zoning District, the maximum height for ADU shall be as established for residential structures in Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards). For subject properties in all other zones, the maximum height for ADU shall be 30 feet.
1. As established by Government Code Section 66321, development standards in this Title shall apply to the extent they do not prohibit the construction of an ADU of up to 18 feet in height if detached or 25 feet in height if attached. Development standards in this title shall also permit a detached ADU on a lot with an existing or proposed single family or multifamily dwelling unit that is within one -half mile walking distance of a major transit stop or a high - quality commercial corridor an additional two feet in building height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
G. Minimum Room Dimensions. Minimum room dimensions, including ceiling heights, floor area and width, shall meet the Uniform Building Code regulations in effect at the time of construction, except for ADUs constructed before January 1, 2020 that are seeking legalization, which are only subject to Section 17920.3 of the Health and Safety Code. (Gov. Code, Section 66332).
H. Location.
1. Accessory dwelling units ADUs may be within, attached to, or detached from and on the same lot as, a proposed or existing single -family dwelling, or within or detached from a multiple - family dwelling, and subject to compliance with front, side, and rear yard setback standards of the underlying zone except as allowed by Government Code Section 66314(d)(7).
2. Accessory dwelling units ADUs may be located entirely within a proposed or existing primary dwelling unit or existing accessory structure; provided, the accessory dwelling unit ADU has independent exterior access from the existing primary dwelling or accessory structure.
3. An ADU created within an existing accessory structure may be expanded up to 150 square feet without application of local development standards, but this expansion shall be limited to accommodating ingress and egress.
I. Parking. Parking for an accessory dwelling unit ADU and replacement parking is not required.
J. Habitability. Accessory dwelling units ADUs are fully habitable and shall include independent kitchen and bathroom facilities. Accessory dwelling units ADUs shall be independent from the main dwelling without internal access.
K. Occupancy Restrictions. Accessory dwelling units ADUs shall not be sold separately from the primary residence and shall not be used for rentals of terms of 30 days or less unless established as defined in Government Code Sections 66340 and 66341. Owner occupancy is not required for accessory dwelling units ADUs.
L. Setbacks.
1. An accessory dwelling unit ADU shall have side and rear yard setbacks of at least two feet from lot lines abutting a special purpose or mixed use zone, street, or alley and at least four feet from lot lines when abutting a residential zone. An accessory dwelling unit ADU shall abide by the front yard setback requirements of the zone in which it is located , unless otherwise permitted by Government Code Section 66323.
2. An accessory dwelling unit ADU constructed entirely within a proposed or existing primary dwelling unit or an existing accessory structure, which has side and rear setbacks that are sufficient for fire safety, as determined by the Culver City Fire Department, shall not be subject to setback standards for new development.
3. An accessory dwelling unit ADU constructed above, or as a second story to, a garage or other accessory structure shall be setback a minimum of two feet from side and rear lot lines abutting a special purpose and mixed use zone, street, or alley and a minimum of four feet from side and rear lot lines when abutting a residential zone. An accessory dwelling unit ADU constructed above, or as a second story to, a garage or other accessory structure shall abide by the front yard setback requirements of the zone in which it is located.
4. Through Lots. An accessory dwelling unit ADU constructed on a through lot is permitted to have a reduced setback of at least two feet from one front lot line along the property line that is of greater distance from the primary residence and/or the property line separating the parcel from the street o f a higher classification or designation. In case of irregular lots, the Director shall determine which one front lot line is eligible for reduced setback except as allowed by Government Code Section 663231.
M. Junior Accessory Dwelling Units. In addition to an accessory dwelling unit ADU as provided in this Section, Junior accessory dwelling units JADUs are permitted within an existing or proposed single family residence, consistent with state law. The following establishes standards for junior accessory dwelling units.
1. Maximum Unit Size. A junior accessory dwelling unit JADU may be up to 500 square feet. a. Maximum permitted unit size shall include any livable space from exterior wall to exterior wall.
2. Density. No more than one junior accessory dwelling unit JADU is allowed on a property.
3. Location. A junior accessory dwelling unit JADU shall be located entirely within a proposed or existing primary dwelling unit, subject to the following:
a. A junior accessory dwelling unit JADU may be in an attached garage but may not be in a detached accessory structure.
b. A junior accessory dwelling unit JADU shall have separate exterior access independent from the proposed or existing primary dwelling unit.
c. A junior accessory dwelling unit JADU may must share significant interior connection to the primary dwelling if they are sharing a bathroom facility.
4. Parking. Parking for a junior accessory dwelling unit JADU and replacement parking is not required.
5. Habitability. Junior accessory dwelling unit A JADU shall include an efficiency kitchen which shall include a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
6. Occupancy Restrictions. Owner occupancy is required in either the remaining portion of the primary residence, another dwelling unit on the same lot, or the newly created junior accessory dwelling unit JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. These occupancy restrictions shall be enforced through recordation of deed restrictions or covenant agreement recorded against the property per Government Code Section 66333(c).
7. Conveyance. Junior accessory dwelling unit JADU shall not be sold separately from the primary dwelling unit and shall not be used for rentals of terms of 30 days or less.
N. Other Development Standards.
1. Unless stated in this Section, all other development standards for accessory dwelling units ADUs and junior accessory dwelling unit JADUs shall apply according to the zone in which the subject property is located; including but not limited to, setbacks, building height, and distance between structures. This does not apply to units allowed pursuant to Government Code section 66323.
2. ADUs and JADUs do not need to comply with the Objective Design Standards described in Section 17.300.010.
2. Conversion of Existing Structures. For the purpose of converting an existing structure into an accessory dwelling unit or junior accessory dwelling unit, an existing structure is defined as one of the following:
a. A structure that has been erected prior to the date of adoption of the appropriate building code that does not present a threat to public health and safety or one for which a legal building permit has been issued; or
b. A structure that has been issued Deferred Compliance through the Amnesty Program or through Deferred Compliance by the Municipal Code Appeals Committee (MCAC).
3. When a garage is converted into an ADU or JADU, the garage door must be removed and replaced with windows or entry doors.
O. Application Process. The following is the ministerial application process for accessory dwelling units and junior accessory dwelling units.
1. Applicant shall submit complete plan sets to the Building Safety Division. In order to be deemed complete, plans shall comply with all current applicable development standards, any applicable Department handouts, and any additional information required by the Director in order to conduct a thorough review . The Division shall approve or deny the application as established for accessory dwelling units ADUs in Government Code Sections 66316 and 66317 and for junior accessory dwelling unit JADUs in Government Code Section 66355(a), (b) and (c). If the permit application to create or serve an accessory dwelling unit ADU or a junior accessory dwelling unit JADU is submitted with a permit application to create a new single - family or multifamily dwelling on the lot, no permit for the accessory dwelling unit ADU or the junior accessory dwelling unit JADU shall be issued until the permit application to create the new single-family or multifamily dwelling has been adjudicated, but the application to create or serve the accessory dwelling unit ADU or junior accessory dwelling unit JADU shall be considered without discretionary review or hearing. If the project is denied, the applicant will receive a full list of comments with remedies to correct any Code deficiencies.
2. Prior to Building Permit issuance, applicant for an accessory dwelling unit ADU shall submit an Address Assignment Request Fee and Application to the Current Planning Division. An applicant for a junior accessory dwelling unit JADU may, but is not required to, submit an Address Assignment Request Fee and Application.
3. Prior to Building Permit issuance, projects resulting in the creation of an ADU of 750 square feet or larger or the addition to an existing accessory structure to create an ADU of 750 square feet or larger more for an accessory dwelling unit located at the subject property shall pay all impact fees including the Mobility Improvement Fee pursuant to Section 15.06.515 (Calculation and Payment of Fees) and the In -Lieu Parkland Dedication Fees pursuant to Section 15.06.300 (Park and Dedication or Payment of Fees) of this Code, e xcept that any impact fees charged for an accessory dwelling unit ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (Ord. No. 2005-007 § 1 (part); Ord. No. 2017-007 § 2 (part); Ord. No. 2017-017 § 2; Ord. No. 2018-015 § 2 (part); Ord. No. 2020-001 § 2; Ord. No. 2021-012 § 3 (part)); Ord. No. 2024-__)