9A9A
Date: August 5, 2025
To: Honorable Mayor and Members of the City Council
From: Michelle G. Ramriez, Community Development Director By: Adrian V. Perez, Planning Associate | [email protected] Subject: Planning Commission and Community Development – Conduct a Public Hearing on Land Use Study 25-00001 Regarding Proposed Amendments to the Torrance Municipal Code Pertaining to the Regulation of Accessory Dwelling Units and Junior Accessory Dwelling Units, Determine a Statutorily Exempt from the California Environmental Quality Act (CEQA), and Adopt an ORDINANCE Amending the Torrance Municipal Code. Expenditure: None.
RECOMMENDATION
Recommendation of the Planning Commission and the Community Development Director that City Council:
1. Conduct a Public Hearing on Land Use Study 25-00001 regarding proposed amendments to the Torrance Municipal Code pertaining to the regulation of Accessory Dwelling Units and Junior Accessory Dwelling Units; and
2. Determine the proposed amendments are Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the California Public Resources Code; and
3. Adopt an ORDINANCE amending the Torrance Municipal Code; and
4. Approve Ordinance Summary for publication.
FUNDING
None required.
DISCUSSION
Background
In 2016, the State legislature created Accessory Dwelling Units (ADUs) and Junior ADUs, formerly known as second units or granny flats, as one solution to address the statewide housing crisis.
To enable housing development statewide, State law allows ADUs by right, meaning a streamlined ministerial permit process that only requires conformance with objective development standards, and that does not allow for discretionary review and public input on the location, design, and impact of such land use.
1 City Council
August 5, 2025
Significant changes to State law have since further reduced local regulatory authority of ADUs with the intent of accelerating housing development statewide, such as allowing ADUs in all zoning districts that permit residential uses including mixed-use zones, eliminating replacement parking requirements, reducing setbacks, and creating statewide exemption categories that allow the combination of an ADU and Junior ADU with a single family residence and allow ADUs to be constructed within portions of existing multifamily structures or in conjunction with two new ADUs on the same lot.
In 2022, the State Legislature passed two bills, Assembly Bill 2221 and Senate Bill 897, which were signed by Governor Newsom on September 28, 2022, and are effective January 1, 2023.
These bills further reduced local regulatory authority of ADUs, and require that local agencies amend their local ordinances by the effective date, otherwise existing regulations are null and void. As a result, on December 6, 2022, the City of Torrance adopted amendments to the Torrance Municipal Code (TMC), to ensure consistency with state law and no interruption of local regulatory authority.
In 2024, State legislature passed several bills regarding housing and ADUs, the most notable bills were Senate Bill 477, Assembly Bill 2533, Senate Bill 1211, and Senate Bill 1077. Senate Bill 477 was signed by Governor Newsom on March 25, 2024 and went into effect immediately. The rest of the bills were signed by Governor Newsom on September 28, 2024, and became effective January 1, 2025. Senate Bill 477 made non-substantive changes as it renumerated the applicable Government Code Sections. The remaining bills further reduce local regulatory authority of ADUs, require that local agencies amend their local ordinances by the effective date, otherwise existing regulations would defer to the state regulations. As a result, the City of Torrance is required to review and adopt amendments to the TMC to ensure consistency with State law.
On September 5, 2024, the City of Torrance received a letter from the State of California’s Housing and Community Development (HCD) Department regarding potential and current inconsistencies with ADU State law. In 2024 - 2025, staff met and worked with representatives of the State of California’s Housing and Community Development (HCD) Department, ADU Team to ensure compliance with proposed ADU and Junior ADU updates.
On July 2, 2025, the City of Torrance Planning Commission conducted a public hearing on the proposed amendments to the TMC. During the public hearing, staff did note that some minor changes to the proposed amendments will be added based on comments from HCD’s ADU Team.
The Planning Commission did recommend to forward the amended ordinance to the City Council with the additional changes to meet state Compliance, that motion passed 4-0 with one Commissioner absent.
Proposed Amendments
The following table summarizes the most significant changes that affect local regulations of ADUs and Junior ADUs, followed by the proposed amendments necessary to achieve compliance with State law. Staff have also incorporated additional amendments based on local issues and considerations, which are also explained below.
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August 5, 2025
SUMMARY OF UPDATES
Updates Proposed Updates
AB 2533
Prohibits a local agency from
denying a permit for an
unpermitted ADU or Junior ADU
that was constructed before
January 1, 2020.
Revise language regarding review of
unpermitted ADUs to reflect new date.
SB 1211
Allows additional detached
ADUs within a lot with an
existing multi-family dwelling, no
change to a new multi-family
dwelling.
Revise the allowable number of allowable
units for the multi-family dwellings.
SB 1077
By January 1, 2026, Coastal
Commission shall provide
guidance to local governments
to clarify and simplify permitting
process for ADUs and Junior
ADUs
No change. City of Torrance defers
development in the Coastal Overlay Zone
to the State of California Coastal
Commission.
Other Updates
Reorganization of ADU and
Junior ADU sections, update
government code sections
references, remove ADU
covenants, and update objective
development standards.
Remove TMC Section 92.2.11 and
consolidate into TMC Section 92.2.10.
Reorganize, renumber TMC Section
92.2.10, and remove ADU covenant
language.
Revision to height for Citywide
detached ADUs, from 20 feet to 18
feet.
Remove Map within TMC Section
92.2.10. Relabel two areas from limited
designated and designated areas to
Hillside/Coastal and Citywide.
Reference new government code
sections.
Additional objective standards for
number of stories, attached ADU
structures, and update to design
standards.
The amended ordinance is attached to this report and contains the recommended changes, which includes the removal of TMC Section 92.2.11 (Junior Accessory Dwelling Units) and consolidate it with TMC Section 92.2.10 (Accessory Dwelling Units) to provide one TMC code section for ADUs and Junior ADUs, reorganize and renumber TMC Section 92.2.10 to clarify standards for ADUs/Junior ADUs located on parcels with single-family dwellings and ADUs on parcels with muti-family dwellings, and additional objective standards for ADUs and Junior ADUs. The proposed additional objective standards include measuring interior heights to identify floors, providing a minimum number of shared wall spaces to qualify as an attached structure, clarifying language for location of entryways, requiring a covered entryway for ADUs and Junior ADUs, 3 City Council
August 5, 2025
adding language regarding continuous design elements and details, minimum number of building materials along building frontage, and breaking building massing.
At the Planning Commission meeting of July 2, 2025, staff provided a brief presentation to clarify the proposed updates, explain the need for certain provisions, and how state law impacts the language within proposed amendments. Planning Commissioners did raise concern regarding the reduced zoning regulation authority over ADUs within the City and hillside areas. Planning Commissioners asked what additional measures could be added to protect the hillside and if the proposed amendment should come back to Planning Commission. Staff did inform the Planning Commissioners that failure to recommend this ordinance with minor changes identified by HCD’s ADU Team could result in the loss of any local zoning control and would be subject to state regulations. The Planning Commission understood the position staff was in and did recommend to forward the amended ordinance to the City Council with additional changes to meet state compliance, that motion passed 4-0 with one Commissioner absent. Shortly after Planning Commission, staff made minor changes to the amended ordinance based on meetings and comments from HCD’s ADU Team to ensure compliance with state law.
ENVIRONMENTAL
The proposed TMC amendments are statutorily exempt from CEQA pursuant to California Public Resources Code Section 21080.17, in order to implement Section 66314 (Accessory Dwelling Units) or 66333 (Junior Accessory Dwelling Units) of the California Government Code.
ATTACHMENTS
1. Amended Ordinance
2. Ordinance Summary
3. Planning Commission Staff Report and Supplemental Material (July 2, 2025)
4. Correspondence
5. HCD Letter (September 5, 2024)
6. Assembly Bill 2533 (2024)
7. Senate Bill 1211 (2024)
8. Senate Bill 1077 (2024)
4 ATTACHMENT 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, AMENDING TORRANCE MUNICIPAL
CODE CHAPTER 2, ARTICLE 2 OF DIVISION 9 BY AMENDING
SECTION 92.2.10; AND AMENDING CHAPTER 2, ARTICLE 2 OF
DIVISION 9 BY DELETING SECTION 92.2.11 REGARDING JUNIOR ACCESSORY DWELLING UNITS.
WHEREAS, areas of concerns identified by the Department of Housing and Community Development (HCD) via a letter dated September 5, 2024, and recent amendments to State law (AB 2533, SB1211, and SB1077, Statutes of 2025), effective January 1, 2025, require the City of Torrance to amend the Zoning Ordinance to conform to State Government Code Sections 66310 through 66339, pertaining to the regulation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Failure to meet the requirements of State legislation will nullify the City ADU Ordinance in its current form; WHEREAS, the purpose of this Ordinance is to implement State Government Code Sections 66310 through 66339, as amended, and to provide for the health, safety and welfare of City of Torrance citizens by ensuring objective development standards are established for ADUs and JADUs that account for local field conditions;
WHEREAS, the provisions of this Ordinance apply to the application and issuance of building permits or other applicable ministerial permit or approval without discretionary review that pertain to ADUs and JADUs located within the City of Torrance. Such will be subject to all provisions as set forth below, unless otherwise specified in this Ordinance, notwithstanding other existing zoning provisions and regulations of the City of Torrance;
WHEREAS, on November 2, 2022, the Planning Commission of the City of Torrance held a duly noticed public hearing, took public testimony, and considered the amendments to the Torrance Municipal Code to repeal and modify certain sections inconsistent with State Legislation; WHEREAS, on December 6, 2022, the City Council of the City of Torrance held a duly noticed public hearing, took public testimony, and approved amendments Torrance Municipal Code to repeal and modify certain sections inconsistent with State Legislation; WHEREAS, on __________ ___, _____, the Planning Commission of the City of Torrance held a duly noticed public hearing, took public testimony, and considered the amendments; WHEREAS, on __________ ___ , _____, the City Council of the City of Torrance held a duly noticed public hearing, took public testimony, and considered the amendments; and WHEREAS, the amendments are Statutorily Exempt from the California Environmental Quality Act (CEQA) as provided in Public Resources Code Section 21080.17; NOW, THEREFORE, the City Council of the City of Torrance does hereby ordain as follows:
SECTION 1
That Section 92.2.10 entitled “Accessory Dwelling Units” of Chapter 2, Article 2 (General Provisions) of Division 9 entitled “General Provisions” of the Torrance Municipal Code is hereby amended to read in its entirety as follows:
5 “SECTION 92.2.10 - ACCESSORY DWELLING AND JUNIOR ACCESSORY DWELLING UNITS.
A) PURPOSE
1) The purpose of Section 92.2.10, Accessory Dwelling Units and Junior Accessory Dwelling Units, of the Torrance Municipal Code (TMC), is provided for the creation of accessory dwelling units consistent with Sections 66310-66332 and 66333-66339 of the Government Code, as amended from time to time. In any instance where there is conflict, State law shall govern.
B) DEFINITIONS
1) "Accessory Dwelling Unit" (ADU) is an attached or 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 dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the single family or multifamily dwelling is or will be situated. An ADU also includes an efficiency unit as defined in Section 17958.1 of the California Health and Safety Code, and a manufactured home as defined in Section 18007 of the California Health and Safety Code. An ADU shall not be operated as a short-term rental or rented for a period less than 30 days. 2) "Accessory Dwelling Unit, Junior" (JADU) is a unit no more than 500 square feet in size and contained entirely within a proposed or existing single-family dwelling or within the walls of a garage attached to a proposed or existing single-family dwelling. It shall include permanent provisions for living, sleeping, eating, and cooking. JADU may include a separate sanitation facility, or may share a sanitation facility with the single family dwelling. JADU shall not be operated as a short-term rental or rented for a period less than 30 days. 3) “Efficiency Kitchen” is a kitchen that includes a sink, cooking appliance, counter surface, and storage cabinets that are a reasonable size. An efficiency kitchen shall meet the minimum building code standards.
4) "Efficiency Unit,” shall mean the same as defined in Section 17958.1 of the California Health and Safety Code and have a minimum floor area of 150 square feet. 5) “Livable” means a space intended for human habitation, to include but not limited to living, sleeping, eating, cooking, or sanitation.
6) “Non-Livable” means a space not intended for human habitation, to include but not limited to accessory structures, garages, patios, sheds.
7) "Roof Deck" is the walkable or otherwise useable open space recreation area located above the top plate of the uppermost floor, the only access to which is from the floors below through an enclosed access way.
8) “Sanitation Facilities” shall have the same meaning as “toilet facilities” located in Part III, Chapter 3, Section R306 (Sanitation) of the Residential California Building Code.
C) APPLICABILITY AND PERMISSIBLE USE
1) Standards. ADUs and JADUs are subject to the provisions of this Section, Development Standards, City of Torrance Design Guidelines, and requirements of the TMC. 6 2) ADUs and JADUs submitted separately with existing improvements. The City shall review the proposal ministerially, and without discretionary review or a hearing. There must be an existing single-family or primary dwelling or multiple-family structure on the subject property. 3) ADUs and JADUs submitted with other proposed new improvements. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the subject property, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single- family dwelling. The application to create ADU and JADU shall be considered without discretionary review or hearing.
4) Efficiency Unit. For the purposes of this section, ADU includes an efficiency unit. If an ADU is at least 150 square feet and does not exceed 300 square feet, this proposal would be eligible for an efficiency kitchen.
5) ADUs Required by State Law. ADUs required by State law are allowed on lots located within a residential or mixed-use zone, in compliance with all applicable provisions of Section
92.2.10(E), Development Standards and requirements, of the TMC, except for those provisions which do not allow an ADU.
6) Density. For purposes of calculating allowable density under the General Plan and Zoning Code an ADU is an accessory use that does not count toward the allowable density for the lot. 7) Coastal Zone. The California Coastal Act applies to ADUs/ JADUs located in the Coastal Zone.
A copy of the California Coastal Commission permit approval (i.e. Coastal Development Permit, Waiver, or Exemption) shall be filed with the Community Development Department as part of the building permit application.
8) Multi-family Structures. For the purpose of this Section, a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached single- family dwellings on the same lot are not considered multifamily dwellings. 9) Attached Structures. For the purpose of this Section, “attached” shall mean the proposed ADU shares a wall with the existing or proposed primary dwelling or the multiple-family structure.
ADUs or Junior ADUs shall not be connected to the existing or proposed primary dwelling or multiple-family structure solely by a patio cover, breezeway or similar roofed area. Any attached ADU must have least 25% of total linear wall in common with the primary dwelling. 10)Public Transit. For purposes of this Section, “public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
11)Permit Requirements. It is prohibited to convert existing floor area or construct an ADU without first obtaining a building permit issued by the Community Development Department. Such permit shall be issued if it is determined that the ADU/ JADU will conform to the provisions of this Section.
12)Permit Review. A permit application to construct an ADU/JADU shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU. This provision does not insulate the property owner from having to correct nonconforming zoning conditions, building code violations, or unpermitted structures that present a threat to public health and safety and that are separate from construction of the ADU. 7 13)Demolition of an Existing Detached Garage. A demolition permit for a detached garage that is proposed to be replaced with an ADU must be reviewed with the building permit application for the ADU and issued at the same time.
14)Fees. A fee shall be assessed at the time of the building permit application to reimburse the cost incurred for plan review, permit processing, development impact mitigation, and for preparing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, all within the 60-day timeframe pursuant to State law. The fee shall include reimbursement for the costs of adopting and amending the ordinance that provides for the creation of ADUs.
D) PERMITTED ZONING DISTRICTS, NUMBER OF UNITS:
ADUs and JADUs shall be permitted in any residentially zoned and mixed-use zone lot that includes a proposed or existing dwelling, as outlined in Table 92.2.10 – 1, and subject to the provisions of this Section (notwithstanding TMC Section 92.2.10.(F)):
Table 92.2.10-1 – JADU / ADU
Number of Units
Zoning Existing or
Proposed
Structures on-
site:
# of Detached ADUs # of Attached
ADUs
# of JADUS
permitted
Maximum 1 None Maximum 11 Single-Family
Structure* None Maximum 1 Maximum 1
Maximum 1 None Maximum 12 or more
detached units
under separate
ownership** None Maximum 1 Maximum 1
Maximum 1 None Maximum 1
Single-family
or Multi-
family
2 or more
detached units
under same
ownership None Maximum 1 Maximum 1
New Multiple-
Family
Structure(s)
Maximum 2*** None
Match number of units in
existing multi-family
structure(s) but shall not
exceed 8.***
NoneSingle-
family, Multi-
family or
Mixed UseExisting Multiple-
Family
Structure(s)
None
25% of the
number of units in
an existing of
proposed multi-
family
structure(s), if
they are
converted from
None
8 non-livable
spaces.***
* For any exceptions or special allowances, see TMC § 92.2.10(G)(1). ** Would only qualify if met specific requirements as outlined in Section 66340-66341 of the California Government Code. *** The allowed number of ADUs would be determined upon submittal to the Community Development Department. 1) No ADU or JADU shall be permitted on a property developed under the provisions of TMC Section 92.29.34.
E) DEVELOPMENT STANDARDS AND REQUIREMENTS:
Proposed improvements under this section shall comply with the following development standards and requirements:
1) Lot Coverage. Shall comply with the lot coverage requirements of the underlying zone. 2) Floor Area Ratio (FAR). Shall be calculated as gross floor area and comply with the floor area ratio requirements of the underlying zone.
3) Setbacks. Shall comply with the setbacks outlined for the applicable configuration.
A. Detached:
i. Front Yard: 15 feet.
ii. Side Yard: 4 feet.
iii. Rear Yard: 4 feet.
iv. Building Separation: 6 feet from wall to wall.
v. Setbacks required by utility easements and recorded setbacks shall be maintained.
vi. No setback is required for an existing living area, accessory structure, or a structure constructed in the same location and dimensions of the existing structure that is proposed to be converted to an ADU.
B. Attached:
i. Front Yard: Shall follow the applicable overlay or underlying zone. ii. Side Yard: 4 feet.
iii. Rear Yard: Same as primary dwelling.
iv. Building Separation: 6 feet from wall to wall.
v. Setbacks required by utility easements and recorded setbacks shall be maintained.
vi. No setback is required for an existing living area, accessory structure, or a structure constructed in the same location and dimensions of the existing structure that is proposed to be converted to an ADU.
9 4) Height. No portion of the ADU shall exceed the height limit identified in this Section.
A. Exterior Height. Exterior height is measured from the lowest finish grade, not including any berm or raised planter, to the topmost portion of the roof and exclusive of chimneys or vents. Finished grade shall not include any berm or raised planter. i. Hillside Overlay and Coastal Zone.
1. Detached. 16 feet for one-story in all zoning districts, greater height as permissible provided in Section 66321 of the Government Code.
2. Attached. 18 feet for one-story and 25 feet for two-stories in all zoning districts.
ii. City-wide
1. Detached. 18 feet for one-story and 23 feet for two-stories in all zoning districts.
2. Attached. 18 feet for one-story and 25 feet for two-stories in all zoning districts.
B. Interior Height. Interior height is measured from the initial finished floor to the top plate of any wall. Any top plate greater than the identified height is considered the subsequent floor.
i. One story. Shall not exceed 12 feet of interior height. ii. Two story. Shall not exceed 22 feet of interior height.
C. Overall Height. The overall height of dwelling shall not exceed the allowable height permitted in the underlying zone.
5) Configuration.
A. ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessary structure detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. An ADU may be either located within a proposed or existing primary dwelling, multiple-family structure, or detached from the proposed or existing primary dwelling or multiple-family structure.
B. JADU shall be attached to or converted from a portion of the existing primary dwelling.
Applicable areas include attached garages, attached storages, existing livable area, or any other similar structures.
C. Applicable to all ADUs and JADUs. When the proposed improvement, pursuant to this section, is attached to the primary or multifamily structure, the improvement shall count towards the overall height and number of stories of the structure it is attached to. 6) Unit Size.
A. Maximum Floor Area Size.
i. An attached or detached ADU shall not exceed 1,000 square feet. 10 ii. JADU shall not exceed 500 square feet.
B. Minimum Floor Area Size. Any proposed ADU or JADU pursuant to this section shall provide a minimum floor area no less in size than an efficiency unit, as defined.
C. Conversion of Non-livable Structure. The conversion of an existing accessory structure to an ADU is not subject to the maximum floor area size requirement when no expansion or addition is proposed beyond the physical dimensions of the structure or dwelling other than an expansion of not more than 150 square feet limited to accommodating ingress and egress for the purpose of an ADU, otherwise the converted floor area size shall be governed by the maximum floor area size requirement.
D. Conversion of a portion of Livable Structure. Shall follow the Unit size standards identified in §92.2.10 (6)(A)(ii) and §92.2.10 (6)(A)(iii), as applicable, of the TMC.
E. FAR Exclusions. For purposes of calculating floor area size an ADU shall not be subject to the accessory building floor area requirements of Section 91.4.8(d), R-1 Single Family Residential District, of the TMC.
F. Useable Open Space. An ADU shall comply with the useable open space of the underlying zone.
7) Parking and Vehicular Access.
A. Parking Location. Parking shall be located on the same lot containing the ADU. Only one curb cut shall be allowed per street frontage. Parking shall conform to the development standards for residential parking areas as provided for in Article 5, Chapter 3 of Division 9, of the TMC.
B. Parking Requirement ADU. 1 parking space shall be required for each ADU unit. Such required parking shall supplement additional parking requirements for the existing dwelling. Such parking does not need to be enclosed and may be provided as tandem parking on an existing driveway.
C. Replacement Parking ADU. Replacement parking is not required if a garage, carport, covered parking structure, or uncovered parking is demolished in conjunction with the construction of an ADU or converted to an ADU.
D. Replacement Parking JADU. If an attached garage is converted from non-livable space to a JADU, replacement parking would not be required.
E. Exemptions. Notwithstanding this Subsection, parking requirements shall not apply to ADUs or JADUs in any of the following circumstances:
i. The ADU or JADU is located within one-half (½) mile walking distance of public transit;
ii. An ADU or JADU is located within architecturally and historically significant historic district;
iii. An ADU is part of the proposed or existing primary residence or an accessory structure;
iv. When on-street parking permits are required but not offered to the occupant of the ADU or JADU;
11 v. When there is a car sharing vehicle located within one (1) block of the ADU or JADU; or
vi. An ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot. 8) Design Standards. All the design standards shall be applicable to all ADUs and JADUs.
Specific design standards and exemptions under 92.10.E.(8) B. are only applicable to JADUs.
A. Applicable to all ADU and JADU:
i. Address numerals of all dwelling units on the lot shall be displayed clearly visible from the street or displayed in a building directory.
ii. Entryways shall not open on the same architectural elevation as the main entrance door to the primary dwelling, except for detached structures consistent with No. iii of this subsection.
iii. Entryway doors shall not face toward a public right of way, except when the door is setback at least 10 feet from the public right of way. iv. A covered entryway shall be required for any type of accessory dwelling unit. The covered entryway must match the architectural style of the accessory dwelling unit, and shall not be visible on the same architectural elevation as the main entrance door to the primary dwelling.
v. New stairways shall be completely enclosed and part of the interior of the structure, except for conversion of an existing stairway. vi. New stairways cannot be visible from the public right of way. vii. New balconies, full height windows or doors openings with a guardrail, roof decks, and decks greater than 2 feet above grade are prohibited. viii. New mezzanines, lofts, and intermediate levels in the form of a balcony are prohibited;
ix. Building architecture, exterior materials, finishes, and color shall match the primary dwelling on the lot when an ADU or JADU is proposed or converted from an existing dwelling or accessory structure.
x. All ADUs and JADUs shall comply with the City of Torrance Design Guidelines.
If a parcel that contains a contributing or altered-contributing residential structure identified in the Historic Resources Survey within the Torrance Tract Overlay the proposal shall be consistent with the Torrance Tract Design Guidelines. xi. Architectural design elements and details shall be continuously provided and consistent completely around the structure. Such design elements shall include window treatments, trim detailing, exterior wall materials, color palette, railings, and other similar design features. Firewalls are not exempt from the required design elements.
xii. At least two building materials shall be used on any building frontage (excluding roof and foundation) in addition to glazing and railings. Any one material shall comprise at least 20% of the building frontage.
12 xiii. Each building shall use at least two exterior colors. Elements that count toward this requirement include cladding material, trim/accent colors, and visually significant colors for doors, and similar elements. Primary colors shall be used as accent colors only.
xiv. No building facade may extend in a continuous plane for more than 20 feet without a window, door, variation in horizontal plane, or vertical architectural element.
xv. Any new construction or significant remodels to create an ADU pursuant to this article, shall match the roof forms and pitch of the primary residence. If the roof pitch cannot match the primary residence, the pitch shall be constructed and maintained consistent with the architectural style of the primary residence.
B. Junior Accessory Dwelling Unit Specific Design Standard i. JADU shall be created within the walls of a proposed or existing primary dwelling, or within the walls of a garage attached to a proposed or existing single-family dwelling.
ii. If the JADU does not include a bathroom, the JADU shall include an interior entry to the primary dwelling to share the sanitation facilities. a. If the JADU proposes a bathroom within the JADU footprint, then an interior entry into the primary dwelling is prohibited.
iii. JADU is allowed to reduce from a full kitchen to an efficiency kitchen provided it includes:
a. Cooking facility with appliances;
b. Food preparation counter; and
c. Storage cabinets.
iv. If the JADU is within the 2nd story of an existing dwelling, an additional 150 square feet is permitted for an enclosed staircase to meet the required ingress and egress, provided that the location and design of the staircase meet the requirements of this Section.
9) Illegal ADUs and JADUs. Illegal ADUs and junior dwelling units are subject to Sections 66314- 66332 and 66333-66339 of the Government Code. Any conversions from illegal ADUs to a conforming legal ADU or illegal JADU to a legal JADU shall be considered new and subject to the provisions of this Section. If the property owner of a lot containing an illegal ADU or JADU receives a notice of violation of building standards may request for delay in enforcement as provided in Section 66314-66332 and 66333-66339 of the Government Code, subject to compliance with Section 17980.12 of the Health and Safety Code.
F) COVENANT RESTRICTION
A covenant restriction, approved by the City Attorney, shall be recorded with the Los Angeles County Recorder’s Office, which shall include the pertinent restrictions and limitations of a JADU identified in this Section. Said covenant restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded covenant restriction shall be filed with the Community 13 Development Department as part of the building permit record prior to occupancy. The recorded covenant restriction shall state that:
1) JADU:
The conditions shall state that:
A. The JADU shall not be sold separately from the single-family dwelling; B. The JADU shall be restricted to the maximum size allowed per the development standards at the time of building permit issuance;
C. The JADU shall be considered legal only so long as either the single-family dwelling or the JADU is occupied by the property owner;
D. The JADU shall not be operated as a short-term rental or rented for periods less than 30 days; and
E. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a JADU on the property.
G) EXEMPT UNITS
Notwithstanding any development standard or other limitation set forth in Subsections above, the City shall ministerially approve an application for a building permit within a residential or mixed-use zoning district to create any of the following units:
1) Single-Family where there is one (1) or more single-family dwelling on-site, any of following can be created:
A. Created within an existing or proposed primary dwelling or accessory building. One (1) JADU and one (1) ADU per lot, subject to all the following:
i. ADU. Shall be entirely within the square footage of an existing or proposed primary dwelling or accessory building. An additional 150 square feet may be permitted, provided it is only to accommodate ingress and egress for existing structures dwelling or accessory building. The minimum interior side and rear yard setbacks for any addition to accommodate existing converted ADU shall be sufficient for fire and safety.
ii. JADU. Shall be entirely within the square footage of an existing or proposed primary dwelling.
iii. Setbacks. The minimum interior side yard and rear yard setbacks shall be 4 feet. iv. Access. The ADU or JADU shall have exterior access from the proposed or existing primary dwelling.
v. The JADU shall comply with the requirements of Sections 66333-66339 of the California Government Code.
B. New construction. One (1) detached ADU per lot with an existing or proposed dwelling, subject to all the following:
14 i. Area. The maximum square footage for the ADU shall be 800 square feet. ii. Setbacks. The minimum interior side yard and rear yard setbacks shall be 4 feet. iii. Height. The maximum height of the ADU shall be 16 feet or as allowed per Government Code Section 66321.
2) Multiple-family, including multiple-family in mixed-use zoning districts:
A. Attached ADUs, subject to all the following:
i. Location. Multiple ADUs within portions of existing multiple-family structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided each unit complies with state building standards for dwellings.
ii. Number. ADUs equal to a maximum of 25 percent of the existing dwelling units, with a minimum of one (1) ADU. Fractions shall be rounded down to the nearest whole number.
i. Height. The maximum height of the ADU shall be 16 feet or as allowed per Government Code Section 66321.
B. Detached ADUs, subject to all the following:
i. Location. Within an existing or proposed accessory building. ii. Number.
1. Multifamily Units, Proposed. A maximum of two (2) shall be permitted.
2. Multifamily Units, Existing. A maximum of eight (8) units shall be permitted but shall not exceed the number of existing multifamily units onsite. iii. Area. The maximum square footage for each ADU shall be 800 square feet. iv. Setbacks. The minimum interior side yard and rear yard setbacks shall be 4 feet. iv. Height. The maximum height of the ADU shall be 16 feet or as allowed per Government Code Section 66321.
SECTION 3
That Section 92.2.11 entitled “Junior Accessory Dwelling Units” of Chapter 2, Article 2 of Division 9 entitled “General Provisions” of the Torrance Municipal Code is hereby deleted in its entirety.
92.2.11 JUNIOR ACCESSORY DWELLING UNITS.
(Added by O-3863; Amended by O-3864; O-3889; O-3910; O-3911) a) PURPOSE
1) The purpose of Section 92.2.11, Junior Accessory Dwelling Units, of the Torrance Municipal Code, is to provide for the creation of junior accessory dwelling units consistent with California Government 15 Code Section 65852.22, as amended from time to time. In any instance where there is conflict, State law shall govern.
b) DEFINITIONS
1) "Junior Accessory Dwelling Unit" is a unit no more than 500 square feet in size and contained entirely within a proposed or existing single-family dwelling or within the walls of a garage attached to a proposed or existing single family dwelling. It shall include permanent provisions for living, sleeping, eating, and cooking. A junior accessory dwelling unit may include a separate sanitation facility, or may share a sanitation facility with the single-family dwelling. A junior accessory dwelling unit shall not be operated as a short term rental or rented for a period less than 30 days. 2) "Roof deck" is the walkable or otherwise useable open space recreation area located above the top plate of the uppermost floor, the only access to which is from the floors below through an enclosed access way.
c) APPLICABILITY AND PERMISSIBLE USE
1) Junior accessory dwelling units are allowed on lots located within zones that permit a single-family dwelling and that contain a proposed or existing single family dwelling. 2) Junior accessory dwelling units may be combined with an accessory dwelling unit on lots located within a residential or mixed-use zone with a proposed or existing single-family dwelling as provided in Section 65852.2(e) of the Government Code.
3) Junior accessory dwelling units are prohibited on lots that contain multiple detached single-family dwellings.
4) Coastal Zone: The California Coastal Act applies to junior accessory dwelling units located in the Coastal Zone. A copy of the California Coastal Commission permit approval (i.e. Coastal Development Permit, Waiver, or Exemption) shall be filed with the Community Development Department as part of the building permit application.
5) A permit application to construct a junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit. This provision does not insulate the property owner from having to correct nonconforming zoning conditions, building code violations, or unpermitted structures that present a threat to public health and safety and that are separate from construction of the junior accessory dwelling unit.
6) A fee shall be assessed at the time of the building permit application to reimburse the cost incurred for plan review, permit processing, and for preparing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, all within the 60 day timeframe pursuant to State law. d) DEVELOPMENT STANDARDS AND REQUIREMENTS
Junior accessory dwelling units shall comply with the following development standards and requirements:
1) Number of Units: One junior accessory dwelling unit shall be allowed on a lot. 16 2) Owner-Occupancy: The property owner shall reside on the lot. The owner may reside in the remaining portion of the single-family dwelling or the newly created junior accessory dwelling unit. 3) Covenant Restriction: A covenant restriction shall be completed and recorded, as provided in Section 92.2.11(e) of the Torrance Municipal Code.
4) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be created within the walls of a proposed or existing single-family dwelling, or within the walls of a garage attached to a proposed or existing single family dwelling.
5) Separate Entry Required: A separate entry door shall be provided that is not be visible on the same elevation as the main entrance door to the single-family dwelling and shall not face toward an alley, except when the door is no less than 10 feet from the alley. If a junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance from the main entrance to the single-family dwelling, with an interior entry to the main living area. However, if the junior accessory dwelling unit does include a separate bathroom, then interior entry to the single family dwelling is prohibited.
6) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, which includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are reasonable to the size of the unit.
7) Design Standards:
A) Address numerals of all dwelling units on the lot shall be displayed clearly visible from the street or displayed in a building directory;
B) New doors shall not open on the same elevation as the main entrance to the primary dwelling, except for conversion of an existing door opening to an entry door; C) New doors shall not face toward an alley, except when the door is no less than 10 feet from the alley;
D) New stairways shall be completely enclosed as part of the interior of the structure, except for conversion of an existing stairway;
E) New balconies, full height windows or doors openings with a guardrail, roof decks, and decks greater than 2 feet above grade are prohibited;
F) New mezzanines, lofts, and intermediate levels in the form of a balcony are prohibited; and G) Building architecture, exterior materials, finishes, and color shall match the primary dwelling. 8) Parking: No parking is required for the junior accessory dwelling unit beyond the required parking for the proposed or existing single-family dwelling. However, replacement parking for the existing single family dwelling is required when an attached garage or portion thereof is converted to a junior accessory dwelling unit. Parking shall conform to the development standards for residential parking areas as provided for in Article 5, Chapter 3 of Division 9, of the Torrance Municipal Code. 9) Setbacks and Other Zoning Regulations: The junior accessory dwelling unit shall be considered a part of the single-family dwelling and shall be subject to the same requirements of the underlying zoning district as required for the single-family dwelling.
17 10) Density: For purposes of calculating allowable density under the General Plan and Zoning Code a junior accessory dwelling unit is an accessory use that does not count toward the allowable density for the lot.
11) Maximum Floor Area: A junior accessory dwelling unit shall not exceed 500 square feet in floor area.
12) Minimum Floor Area: A junior accessory dwelling unit shall provide a minimum floor area no less in size than an efficiency unit as defined in Section 17958.1 of the Health and Safety Code. 13) Utility Service: For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. An inspection may be assessed to confirm the junior accessory dwelling unit complies with development standards.
14) Illegal Junior Accessory Dwelling Units: This Section shall not validate any existing illegal junior accessory dwelling units. Any conversions from illegal units to a conforming legal junior accessory dwelling unit shall be considered a new junior accessory dwelling unit subject to the provisions of this Section.
e) CONVENANT RESTRICTION
1) A covenant restriction, approved by the City Attorney, shall be recorded with the Los Angeles County Recorder’s Office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said covenant restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded covenant restriction shall be filed with the Community Development Department as part of the building permit record prior to occupancy. The recorded covenant restriction shall state that:
A) The junior accessory dwelling unit shall not be sold separately from the single-family dwelling; B) The junior accessory dwelling unit shall be restricted to the maximum size allowed per the development standards at the time of building permit issuance; C) The junior accessory dwelling unit shall be considered legal only so long as either the single-family dwelling or the junior accessory dwelling unit is occupied by the property owner; D) The junior accessory dwelling unit shall not be operated as a short term rental or rented for periods less than 30 days; and
E) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property.
SECTION 4 INCONSISTENCIES
Any provisions of the Torrance Municipal Code or its appendices, or any other ordinances of the City inconsistent with this Ordinance to the extent of the inconsistencies and no further, are repealed.
SECTION 5 SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council of 18 the City of Torrance hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.
SECTION 6 VIOLATIONS
Any person violating any of the provisions of this Ordinance will be guilty of an infraction, and upon conviction will be subject to a fine as provided for in Section 36900 of the Government Code.
SECTION 7 CEQA FINDINGS
The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) because the proposed amendments are statutorily exempt as set forth in Section 21080.17 of the Public Resources Code.
SECTION 8 EFFECTIVE DATE
This Ordinance shall take effect 30 days after the date of its adoption. Within 15 days following adoption, this Ordinance or a summary of this Ordinance if authorized by the City Council, will be published at least once in the Daily Breeze, a newspaper of general circulation, published and circulated in the City of Torrance.
INTRODUCED this ____ day of _______, ____.
ADOPTED this ____ day of _______, ____.
___________________________________
Mayor George K. Chen
APPROVED AS TO FORM:
Patrick Q. Sullivan, City Attorney ATTEST:
________________________________ ___________________________________ Tatia Y. Strader, Assistant City Attorney Rebecca Poirier, MMC, City Clerk 19 TORRANCE CITY COUNCIL ORDINANCE NO. ____
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF TORRANCE )
I, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify the City Council of the City of Torrance duly approved and adopted the foregoing Ordinance No. ____ at its regular meeting held on the ____ day of _______ ____ by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
This Ordinance was duly published in accordance with State law (GC 40806).
Date: _________________ __________________________
Rebecca Poirier, MMC
City Clerk of the City of Torrance
20 ATTACHMENT 2
ORDINANCE SUMMARY
On _______ ____, ____ the City Council of the City of Torrance adopted Ordinance No. ____, which adopts amendments to the Torrance Municipal Code pertaining to the regulation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) as a result of recent State legislative actions. The amendments involve the following: owner-occupancy requirements, front yard setback, building height, nonconforming zoning conditions, building code violations and unpermitted structures, objective design standard, coastal zone, separate entry required for accessory dwelling units and junior accessory dwelling units (not located on the ground floor), and possible exemptions to allow the creation of accessory dwelling units. The amendments also remove the past version of the junior accessory dwelling unit section and revised accessory dwelling unit section in order to simplify the creation of accessory dwelling units within the City of Torrance.
*****City Clerk to add a paragraph stating that copies of the Ordinance are available at the City Clerk’s Office and stating the names of the City Council members that voted in favor and those that voted against.*****
21 AGENDA ITEM NO. 8B
DATE: July 2, 2025
TO: Planning Commission
FROM: Adrian Perez, Planning Associate
SUBJECT:Accessory Dwelling Units, Land Use Study (LUS25-00001) Planning Commission consideration of proposed amendments to the Torrance Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units under Section 92.2.10. The proposed amendments are Statutorily Exempt from the California Environmental Quality Act as set forth in Section 21080.17 of the Public Resources Code.
RECOMMENDATION
Provided are two options the Planning Commission may choose to direct staff:
A. Forward the draft Ordinance amending the Torrance Municipal Code, as presented, to the City Council for consideration; or
B. Modify or add to the draft Ordinance amending the Torrance Municipal Code, as directed, and forward to the City Council for consideration.
The Community Development Director recommends the Planning Commission choose Option A and direct staff to forward the draft Ordinance to the City Council for consideration.
EXECUTIVE SUMMARY
Staff propose amendments to the Torrance Municipal Code (TMC) to repeal TMC Section 92.2.11 and sections within Section 92.2.10, reorganize TMC Section 92.2.10, and add definitions and objective requirements for Accessory Dwelling Units (ADUs) and Junior ADUs located within TMC Section 92.2.10.
The proposed amendments to the City of Torrance Municipal Code are in order to ensure consistency with recent amendments to state law under Assembly Bill (AB) 2533, Senate Bill (SB) 1211, SB 1077, and statutes of 2025. Failure to adopt the proposed changes would render the City’s ADU ordinance null and void.
BACKGROUND
In 2016, the State legislature created Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), formerly known as second units or granny flats, as one solution to address the statewide housing crisis. To enable housing development statewide, State law allows ADUs by right, meaning a streamlined ministerial permit process that only requires conformance with objective development standards, and that does not allow for discretionary review and public input on the location, design, and impact of such land use.
Significant changes to State law have since further reduced local regulatory authority of ADUs with the intent of accelerating housing development statewide, such as allowing ADUs in all 1 22
ATTACHMENT 3
zoning districtsthatpermit residentialusesincluding mixed-use zones,eliminatingreplacement parkingrequirements,reducingsetbacks,andcreatingstatewideexemptioncategoriesthatallow thecombinationofanADUandJADUwithasinglefamilyresidenceandthatallowADUstobe constructedwithinportionsofexistingmultifamilystructuresorinconjunctionwithtwonewADUs onthesamelot.
In 2022, the State legislature passed two bills, Assembly Bill 2221 and Senate Bill 897, which weresignedbyGovernorNewsomon September 28,2022,andareeffectiveJanuary1,2023.
These bills further reduce local regulatory authority of ADUs, and require that local agencies amend their local ordinances by the effective date, otherwise existing regulations are null and void. As a result, on December 6, 2022, the City of Torrance adopted amendments to the Torrance Municipal Code, to ensure consistency with state law and no interruption of local regulatoryauthority.
In2024,StatelegislaturepassedseveralbillsregardinghousingandADUs,themostnotablebills were AB 2533, SB1211, and SB 1077. These bills were signed by Governor Newsom on September28,2024,andareeffectiveJanuary1,2025.Thesebillsfurtherreducelocalregulatory authorityofADUs,requirethatlocalagenciesamendtheirlocalordinancesbytheeffectivedate, otherwiseexistingregulationswoulddefertothestateregulations.Asaresult,theCityofTorrance is again required to review and adopt amendments to the Torrance Municipal Code to ensure consistencywithstatelaw.
In 2024 - 2025, City Staff met and worked with representatives with the State of California’s Housing and Community Development Department to ensure compliance with proposed ADU andJuniorADUupdates.
DISCUSSION
Below is a summary of the most significant changes that affect local regulation of ADUs and JADUs,followedbytheproposedamendmentsnecessarytoachievecompliancewithStatelaw.
Additionally, Staff is incorporating additional amendments based on local issues and considerations.
SummaryofUpdates
Updates ProposedUpdates
AB2533 Prohibits a local agency from
denyapermitforanunpermitted
ADU or Junior ADU that was
constructed before January 1,
2020.
Revise language regarding review of
unpermittedADUstoreflectnewdate.
SB1211 Allows additional detached
ADUs within on a lot with an
existingmulti-familydwelling,no
change to a new multi-family
dwelling.
Revisetheallowablenumberofallowable
unitsforthemulti-familydwellings.
2 23
SummaryofUpdates
Updates ProposedUpdates
SB1077 By January 1, 2026, Coastal
Commission shall provide
guidance to local governments
toclarifyandsimplifypermitting
process for ADUs and Junior
ADUs
No change. City of Torrance defers
developmentintheCoastalOverlayZone
to the State of California Coastal
Commission.
OtherUpdates Reorganization of ADU and
Junior ADU sections, update
government code sections
references, remove ADU
covenants,andupdateobjective
developmentstandards.
RemoveTMCSection92.2.11and
consolidate into TMC Section
92.2.10. Reorganize, renumber TMC
Section92.2.10,andremoveADU
covenantlanguage.
Revision to height for Citywide
detachedADUs,from20feetto18
feet.
Remove Map within Section
92.2.10. Relabel two areas from limited
designated and designated areas
toHillside/CoastalandCitywide.
Reference new government code
sections.
Additional objective standards for
number of stories, attached ADU
structures, and update to design
standards.
DRAFT CODE AMENDMENTS
For review attached is a draft Ordinance that contains the recommended amendments to TorranceMunicipalCode(TMC)Sections.TheproposedordinancewouldremoveTMCSection
92.2.11 (Junior Accessory Dwelling Units) and consolidate it with TMC Section 92.2.10 (AccessoryDwellingUnits)to provideone TMCcode sectionfor ADUsand JADUs, reorganize andrenumberTMCSection92.2.10toclarifystandardsforADUs/JADUslocatedonparcelswith single-familydwellingsandADUsonparcelswithmuti-familydwellings,andadditionalobjective standardsforADUsandJuniorADUs.
Theproposedadditionalobjectivestandardsincludemeasuringinteriorheightstoidentifyfloors, providingaminimumnumberofsharedwallspacestoqualifyasanattachedstructure,clarifying language for location of entryways, requiring a covered entryway for ADUs and Junior ADUs, adding language regarding continuous design elements and details, minimum number building materialsalongbuildingfrontage,andbreakingbuildingmassing. 3 24
PUBLIC NOTICE
In accordance with State law regarding zone changes and zoning code updates, notices of the public hearing were made no less than 20 calendar days before the Planning Commission meeting. Notices were published in the local newspaper (The Daily Breeze) and posted on the City of Torrance webpage on June 6, 2025.
ATTACHMENTS
1. Draft Ordinance
2. Assembly Bill 2533
3. Senate Bill 1211
4. Senate Bill 1077
STAFF CONTACT
Adrian V. Perez, Planning Associate
[email protected]
4 25
5 26
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, AMENDING TORRANCE MUNICIPAL
CODE CHAPTER 2, ARTICLE 2 OF DIVISION 9 BY AMENDING
SECTION 92.2.10; AND AMENDING CHAPTER 2, ARTICLE 2 OF
DIVISION 9 BY DELETING SECTION 92.2.11 REGARDING JUNIOR ACCESSORY DWELLING UNITS.
WHEREAS, areas of concerns identified by the Department of Housing and Community Development (HCD) via a letter dated September 5, 2024, and recent amendments to State law (AB 2533, SB1211, and SB1077, Statutes of 2025), effective January 1, 2025, require the City of Torrance to amend the Zoning Ordinance to conform to State Government Code Sections 66310 through 66339, pertaining to the regulation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Failure to meet the requirements of State legislation will nullify the City ADU Ordinance in its current form; WHEREAS, the purpose of this Ordinance is to implement State Government Code Sections 66310 through 66339, as amended, and to provide for the health, safety and welfare of City of Torrance citizens by ensuring objective development standards are established for ADUs and JADUs that account for local field conditions;
WHEREAS, the provisions of this Ordinance apply to the application and issuance of building permits or other applicable ministerial permit or approval without discretionary review that pertain to ADUs and JADUs located within the City of Torrance. Such will be subject to all provisions as set forth below, unless otherwise specified in this Ordinance, notwithstanding other existing zoning provisions and regulations of the City of Torrance;
WHEREAS, on November 2, 2022, the Planning Commission of the City of Torrance held a duly noticed public hearing, took public testimony, and considered the amendments to the Torrance Municipal Code to repeal and modify certain sections inconsistent with State Legislation; WHEREAS, on December 6, 2022, the City Council of the City of Torrance held a duly noticed public hearing, took public testimony, and approved amendments Torrance Municipal Code to repeal and modify certain sections inconsistent with State Legislation; WHEREAS, on __________ ___, _____, the Planning Commission of the City of Torrance held a duly noticed public hearing, took public testimony, and considered the amendments; WHEREAS, on __________ ___ , _____, the City Council of the City of Torrance held a duly noticed public hearing, took public testimony, and considered the amendments; and WHEREAS, the amendments are Statutorily Exempt from the California Environmental Quality Act (CEQA) as provided in Public Resources Code Section 21080.17; NOW, THEREFORE, the City Council of the City of Torrance does hereby ordain as follows:
SECTION 1
That Section 92.2.10 entitled “Accessory Dwelling Units”of Chapter 2, Article 2 (General Provisions) of Division 9 entitled “General Provisions”of the Torrance Municipal Code is hereby amended to read in its entirety as follows:
6 27
2 “SECTION 92.2.10 - ACCESSORY DWELLING AND JUNIOR ACCESSORY DWELLING UNITS.
A) PURPOSE
1) The purpose of Section 92.2.10, Accessory Dwelling Units and Junior Accessory Dwelling Units, of the Torrance Municipal Code (TMC), is provided for the creation of accessory dwelling units consistent with Sections 66310-66332 and 66333-66339 of the Government Code, as amended from time to time. In any instance where there is conflict, State law shall govern.
B) DEFINITIONS
1) "Accessory Dwelling Unit" (ADU) is an attached or 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 dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the single family or multifamily dwelling is or will be situated. An ADU also includes an efficiency unit as defined in Section 17958.1 of the California Health and Safety Code, and a manufactured home as defined in Section 18007 of the California Health and Safety Code. An ADU shall not be operated as a short-term rental or rented for a period less than 30 days. 2) "Accessory Dwelling Unit, Junior" (JADU) is a unit no more than 500 square feet in size and contained entirely within a proposed or existing single-family dwelling or within the walls of a garage attached to a proposed or existing single-family dwelling. It shall include permanent provisions for living, sleeping, eating, and cooking. JADU may include a separate sanitation facility, or may share a sanitation facility with the single family dwelling. JADU shall not be operated as a short-term rental or rented for a period less than 30 days. 3) “Efficiency Kitchen” is a kitchen that includes a sink, cooking appliance, counter surface, and storage cabinets that are a reasonable size. This efficiency kitchen shall meet the minimum building code standards.
4) "Efficiency Unit,” shall mean the same as defined in Section 17958.1 of the California Health and Safety Code and have a minimum floor area of 150 square feet. 5) “Livable” means a space intended for human habitation, to include but not limited to living, sleeping, eating, cooking, or sanitation.
6) “Non-Livable” means a space not intended for human habitation, to include but not limited to accessory structures, garages, patios, sheds.
7) "Roof Deck" is the walkable or otherwise useable open space recreation area located above the top plate of the uppermost floor, the only access to which is from the floors below through an enclosed access way.
8) “Sanitation Facilities” shall have the same meaning as “toilet facilities” located in Part III, Chapter 3, Section R306 (Sanitation) of the Residential California Building Code.
7 28
3 C) APPLICABILITY AND PERMISSIBLE USE
1) Standards. ADUs and JADUs are subject to the provisions of this Section, Development Standards, City of Torrance Design Guidelines, and requirements of the TMC. 2) ADUs and JADUs submitted separately with existing improvements. The City shall review the proposal ministerially, and without discretionary review or a hearing. There must be an existing single-family or primary dwelling or multiple-family structure on the subject property. 3) ADUs and JADUs submitted with other proposed new improvements. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the subject property, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single- family dwelling. The application to create ADU and JADU shall be considered without discretionary review or hearing.
4) Efficiency Unit. For the purposes of this section, ADU includes an efficiency unit. If an ADU is at least 150 square feet and does not exceed 300 square feet, this proposal would be eligible for an efficiency kitchen.
5) ADUs Required by State Law. ADUs required by State law are allowed on lots located within a residential or mixed-use zone, in compliance with all applicable provisions of Section
92.2.10(E), Development Standards and requirements, of the TMC, except for those provisions which do not allow an ADU.
6) Density. For purposes of calculating allowable density under the General Plan and Zoning Code an ADU is an accessory use that does not count toward the allowable density for the lot. 7) Coastal Zone. The California Coastal Act applies to ADUs/ JADUs located in the Coastal Zone.
A copy of the California Coastal Commission permit approval (i.e. Coastal Development Permit, Waiver, or Exemption) shall be filed with the Community Development Department as part of the building permit application.
8) Multi-family Structures. For the purpose of this Section, a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached single- family dwellings on the same lot are not considered multifamily dwellings. 9) Attached Structures. ForthepurposeofthisSection,“attached”shallmeantheproposedADU shares a wall with the existing or proposed primary dwelling or the multiple-family structure.
ADUs or Junior ADUs shall not be connected to the existing or proposed primary dwelling or multiple-family structure solely by a patio cover, breezeway or similar roofed area. Any attached ADU must have least 25% of total linear wall in common with the primary dwelling. 10) Public Transit. ForpurposesofthisSection,“publictransit”meansalocation,including,butnot limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
11) Permit Requirements. It is prohibited to convert existing floor area or construct an ADU without first obtaining a building permit issued by the Community Development Department. Such permit shall be issued if it is determined that the ADU/ JADU will conform to the provisions of this Section.
12) Permit Review. A permit application to construct an ADU/JADU shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted 8 29
4 structures that do not present a threat to public health and safety and are not affected by the construction of the ADU. This provision does not insulate the property owner from having to correct nonconforming zoning conditions, building code violations, or unpermitted structures that present a threat to public health and safety and that are separate from construction of the ADU. 13) Demolition of an Existing Detached Garage. A demolition permit for a detached garage that is proposed to be replaced with an ADU must be reviewed with the building permit application for the ADU and issued at the same time.
14) Fees. A fee shall be assessed at the time of the building permit application to reimburse the cost incurred for plan review, permit processing, development impact mitigation, and for preparing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, all within the 60-day timeframe pursuant to State law. The fee shall include reimbursement for the costs of adopting and amending the ordinance that provides for the creation of ADUs.
D) PERMITTED ZONING DISTRICTS, NUMBER OF UNITS:
ADUs and JADUs shall be permitted in any residentially zoned and mixed-use zone lot that includes a proposed or existing dwelling, as outlined in Table 92.2.10 – 1, and subject to the provisions of this Section (notwithstanding TMC Section 92.2.10.(G)):
Table 92.2.10-1 – JADU / ADU
Number of Units
Zoning Existing or
Proposed
Structures on-
site:
# of Detached ADUs # of Attached
ADUs
# of JADUS
permitted
Single-family
or Multi-
family
1 Single-Family
Structure*
Maximum 1 None Maximum 1
None Maximum 1 Maximum 1
2 or more
detached units
under separate
ownership**
Maximum 1 Per Parcel None
2 or more
detached units
under same
ownership
Maximum 1 Total None
Single-
family, Multi-
family or
Mixed Use
New Multiple-
Family
Structure(s)
Maximum
2*** -- None
None Existing Multiple-
Family
Structure(s)
--
Match number
of units in
existing multi-
family
structure(s) but
shall not
exceed 8.***
None
9 30
5 None
25% of the
number of units in
an existing of
proposed multi-
family
structure(s), if
they are
converted from
non-livable
spaces.***
* For any exceptions or special allowances, see TMC § 92.2.10(G)(1). ** Would only qualify if met specific requirements as outlined in Section 66340-66341 of the California Government Code. *** The allowed number of ADUs would be determined upon submittal to the Community Development Department.
1) No ADU or JADU shall be permitted on a property developed under the provisions of TMC Section 92.29.34.
E) DEVELOPMENT STANDARDS AND REQUIREMENTS:
Proposed improvements under this section shall comply with the following development standards and requirements:
1) Lot Coverage. Shall comply with the lot coverage requirements of the underlying zone. 2) Floor Area Ratio (FAR). Shall be calculated as gross floor area and comply with the floor area ratio requirements of the underlying zone.
3) Setbacks. Shall comply with the setbacks outlined for the applicable configuration.
A. Detached:
i. Front Yard: 15 feet.
ii. Side Yard: 4 feet.
iii. Rear Yard: 4 feet.
iv. Building Separation: 6 feet from wall to wall.
v. Setbacks required by utility easements and recorded setbacks shall be maintained.
vi. No setback is required for an existing living area, accessory structure, or a structure constructed in the same location and dimensions of the existing structure that is proposed to be converted to an ADU.
B. Attached:
i. Front Yard: Shall follow the applicable overlay or underlying zone. ii. Side Yard: 4 feet.
iii. Rear Yard: Same as primary dwelling.
iv. Building Separation: 6 feet from wall to wall.
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6 v. Setbacks required by utility easements and recorded setbacks shall be maintained.
vi. No setback is required for an existing living area, accessory structure, or a structure constructed in the same location and dimensions of the existing structure that is proposed to be converted to an ADU.
4) Height. No portion of the ADU shall exceed the height limit identified in this Section.
A. Exterior Height. Exterior height is measured from the lowest finish grade, not including any berm or raised planter, to the topmost portion of the roof and exclusive of chimneys or vents. Finished grade shall not include any berm or raised planter. i. Hillside Overlay and Coastal Zone.
1. Detached. 16 feet for one-story in all zoning districts, greater height as permissible provided in Section 66321 of the Government Code.
2. Attached. 18 feet for one-story and 25 feet for two-stories in all zoning districts.
ii. City-wide
1. Detached. 18 feet for one-story and 23 feet for two-stories in all zoning districts.
2. Attached. 18 feet for one-story and 25 feet for two-stories in all zoning districts.
B. Interior Height. Interior height is measured from the initial finished floor to the top plate of any wall. Any top plate greater than the identified height is considered the subsequent floor.
i. One story. Shall not exceed 12 feet of interior height. ii. Two story. Shall not exceed 22 feet of interior height. 5) Configuration.
A. ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessary structure detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. An ADU may be either located within a proposed or existing primary dwelling, multiple-family structure, or detached from the proposed or existing primary dwelling or multiple-family structure.
B. JADU shall be attached to or converted from a portion of the existing primary dwelling.
Applicable areas include attached garages, attached storages, existing livable area, or any other similar structures.
C. Applicable to all ADUs and JADUs. When the proposed improvement, pursuant to this section, is attached to the primary or multifamily structure, the improvement shall count towards the overall height and number of stories of the structure it is attached to.
6) Unit Size.
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7 A. Maximum Floor Area Size.
i. An attached or detached ADU shall not exceed 1,000 square feet. ii. JADU shall not exceed 500 square feet.
B. Minimum Floor Area Size. Any proposed ADU or JADU pursuant to this section shall provide a minimum floor area no less in size than an efficiency unit, as defined.
C. Conversion of Non-livable Structure. The conversion of an existing accessory structure to an ADU is not subject to the maximum floor area size requirement when no expansion or addition is proposed beyond the physical dimensions of the structure or dwelling other than an expansion of not more than 150 square feet limited to accommodating ingress and egress for the purpose of an ADU, otherwise the converted floor area size shall be governed by the maximum floor area size requirement.
D. Conversion of a portion of Livable Structure. Shall follow the Unit size standards identified in §92.2.10 (6)(A)(ii) and §92.2.10 (6)(A)(iii), as applicable, of the TMC.
E. FAR Exclusions. For purposes of calculating floor area size an ADU shall not be subject to the accessory building floor area requirements of Section 91.4.8(d), R-1 Single Family Residential District, of the TMC.
F. Useable Open Space. An ADU shall comply with the useable open space of the underlying zone.
7) Parking and Vehicular Access.
A. Parking Location. Parking shall be located on the same lot containing the ADU. Only one curb cut shall be allowed per street frontage. Parking shall conform to the development standards for residential parking areas as provided for in Article 5, Chapter 3 of Division 9, of the TMC.
B. Parking Requirement ADU. 1 parking space shall be required for each ADU unit. Such required parking shall supplement additional parking requirements for the existing dwelling. Such parking does not need to be enclosed and may be provided as tandem parking on an existing driveway.
C. Replacement Parking ADU. Replacement parking is not required if a garage, carport, covered parking structure, or uncovered parking is demolished in conjunction with the construction of an ADU or converted to an ADU.
D. Replacement Parking JADU. If an attached garage is converted from non-livable space to a JADU, replacement parking would not be required that meets the off-street parking requirement.
E. Exemptions. Notwithstanding this Subsection, parking requirements shall not apply to ADUs or JADUs in any of the following circumstances:
i. The ADU or JADU is located within one-half (½) mile walking distance of public transit;
ii. When on-street parking permits are required but not offered to the occupant of the ADU or JADU; or
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8 iii. When there is a car sharing vehicle located within one (1) block of the ADU or JADU.
8) Design Standards. All the design standards shall be applicable to all ADUs and JADUs.
Specific design standards and exemptions under 92.10.E.(8) B. are only applicable to JADUs.
A. Applicable to all ADU and JADU:
i. Address numerals of all dwelling units on the lot shall be displayed clearly visible from the street or displayed in a building directory.
ii. Entryways shall not open on the same architectural elevation as the main entrance door to the primary dwelling, except for detached structures consistent with No. iii of this subsection.
iii. Entryway doors shall not face toward a public right of way, except when the door is setback at least 10 feet from the public right of way. iv. A covered entryway shall be required for any type of accessory dwelling unit. The covered entryway must match the architectural style of the accessory dwelling unit, and shall not be visible on the same architectural elevation as the main entrance door to the primary dwelling.
v. New stairways shall be completely enclosed and part of the interior of the structure, except for conversion of an existing stairway. vi. New stairways cannot be visible from the public right of way. vii. New balconies, full height windows or doors openings with a guardrail, roof decks, and decks greater than 2 feet above grade are prohibited. viii. New mezzanines, lofts, and intermediate levels in the form of a balcony are prohibited;
ix. Building architecture, exterior materials, finishes, and color shall match the primary dwelling on the lot when an ADU or JADU is proposed or converted from an existing dwelling or accessory structure.
x. All ADUs and JADUs shall comply with the City of Torrance Design Guidelines.
If a parcel that contains a contributing or altered-contributing residential structure identified in the Historic Resources Survey within the Torrance Tract Overlay the proposal shall be consistent with the Torrance Tract Design Guidelines. xi. Architectural design elements and details shall be continuously provided and consistent completely around the structure. Such design elements shall include window treatments, trim detailing, exterior wall materials, color palette, railings, and other similar design features. Firewalls are not exempt from the required design elements.
xii. At least two building materials shall be used on any building frontage (excluding roof and foundation) in addition to glazing and railings. Any one material shall comprise at least 20% of the building frontage.
xiii. Each building shall use at least two exterior colors. Elements that count toward this requirement include cladding material, trim/accent colors, and visually 13 34
9 significant colors for doors, and similar elements. Primary colors shall be used as accent colors only.
xiv. No building facade may extend in a continuous plane for more than 20 feet without a window, door, variation in horizontal plane, or vertical architectural element.
xv. Any new construction or significant remodels to create an ADU pursuant to this article, shall match the roof forms and pitch of the primary residence. If the roof pitch cannot match the primary residence, the pitch shall be constructed and maintained consistent with the architectural style of the primary residence.
B. Junior Accessory Dwelling Unit Specific Design Standard i. JADU shall be created within the walls of a proposed or existing primary dwelling, or within the walls of a garage attached to a proposed or existing single-family dwelling.
ii. If the JADU does not include a bathroom, the JADU shall include an interior entry to the primary dwelling to share the sanitation facilities. a. If the JADU proposes a bathroom within the JADU footprint, then an interior entry into the primary dwelling is prohibited.
iii. JADU is allowed to reduce from a full kitchen to an efficiency kitchen provided it includes:
a. Cooking facility with appliances;
b. Food preparation counter; and
c. Storage cabinets.
iv. If the JADU is within the 2nd story of an existing dwelling, an additional 150 square feet is permitted for an enclosed staircase to meet the required ingress and egress, provided that the location and design of the staircase meet the requirements of this Section.
9) Illegal ADUs and JADUs. Illegal ADUs and junior dwelling units are subject to Sections 66314- 66332 and 66333-66339 of the Government Code. Any conversions from illegal ADUs to a conforming legal ADU or illegal JADU to a legal JADU shall be considered new and subject to the provisions of this Section. If the property owner of a lot containing an illegal ADU or JADU receives a notice of violation of building standards may request for delay in enforcement as provided in Section 66314-66332 and 66333-66339 of the Government Code, subject to compliance with Section 17980.12 of the Health and Safety Code.
F) COVENANT RESTRICTION
A covenant restriction, approved by the City Attorney, shall be recorded with the Los Angeles County Recorder’s Office, which shall include the pertinent restrictions and limitations of a JADU identified in this Section. Said covenant restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded covenant restriction shall be filed with the Community Development Department as part of the building permit record prior to occupancy. The recorded covenant restriction shall state that:
1) JADU:
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10 The conditions shall state that:
A. The JADU shall not be sold separately from the single-family dwelling; B. The JADU shall be restricted to the maximum size allowed per the development standards at the time of building permit issuance;
C. The JADU shall be considered legal only so long as either the single-family dwelling or the JADU is occupied by the property owner;
D. The JADU shall not be operated as a short-term rental or rented for periods less than 30 days; and
E. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a JADU on the property.
G) EXEMPT UNITS
Notwithstanding any development standard or other limitation set forth in Subsections above, the City shall ministerially approve an application for a building permit within a residential or mixed-use zoning district to create any of the following units:
1) Single-Family where there is one (1) single-family dwelling on-site, any of following can be created:
A. Created within an existing or proposed primary dwelling or accessory building. One (1) JADU and one (1) attached ADU or detached ADU per lot, subject to all the following:
i. Attached ADU or detached ADU. Shall be entirely within the square footage of an existing or proposed primary dwelling or accessory building. An additional 150 square feet may be permitted, provided it is only to accommodate ingress and egress. The minimum interior side and rear yard setbacks for the addition to a detached ADU shall be sufficient for fire and safety.
ii. JADU. Shall be entirely within the square footage of an existing or proposed primary dwelling.
iii. Area. The maximum square footage for an attached or detached ADU shall not exceed 800 square feet.
iv. Setbacks. The minimum interior side yard and rear yard setbacks shall be 4 feet. v. Access. The attached ADU or JADU shall have exterior access from the proposed or existing primary dwelling.
vi. The JADU shall comply with the requirements of Sections 66333-66339 of the California Government Code.
B. New construction. One (1) detached ADU per lot with an existing or proposed dwelling, subject to all the following:
i. Area. The maximum square footage for the ADU shall be 800 square feet. ii. Setbacks. The minimum interior side yard and rear yard setbacks shall be 4 feet. 15 36
11 iii. Height. The maximum height of the ADU shall be 16 feet. 2) Single-Family or multi-family where there are 2 or more detached structures on-site:
A. Created within an existing accessory building. One (1) detached ADU per lot, subject to the following:
i. Shall be entirely within the square footage of an existing accessory building. An additional 150 square feet may be permitted, provided it is only to accommodate ingress and egress. The minimum interior side and rear yard setbacks for the addition to a detached ADU shall be sufficient for fire and safety.
B. New construction. 1 detached ADU, subject to all the following:
i. Area. The maximum square footage for the ADU shall be 800 square feet. ii. Setbacks. The minimum interior side yard and rear yard setbacks shall be 4 feet. iii. Height. The maximum height of the ADU shall be 16 feet. iv. Combination. A maximum of 1 detached ADU shall be permitted, whether it is created within an existing accessory building or through new construction, subject to the requirements of this Subsection.
3) Multiple-family, including multiple-family in mixed-use zoning districts:
A. Attached ADUs, subject to all the following:
i. Location. Multiple ADUs within portions of existing multiple-family structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided each unit complies with state building standards for dwellings.
ii. Number. ADUs equal to a maximum of 25 percent of the existing dwelling units, with a minimum of one (1) ADU. Fractions shall be rounded down to the nearest whole number.
iii. Height. Height shall be consistent with TMC Section 92.2.10 (E)(4).
B. Detached ADUs, subject to all the following:
i. Location. Within an existing or proposed accessory building. ii. Number.
1. New Construction. A maximum of two (2) shall be permitted.
2. Existing Units Onsite. A maximum of eight (8) units shall be permitted but shall not exceed the number of existing multi-family units onsite. iii. Area. The maximum square footage for each ADU shall be 800 square feet. iv. Setbacks. The minimum interior side yard and rear yard setbacks shall be 4 feet. v. Height. The maximum height of the ADU shall be 18 feet. 16 37
12 SECTION 3
That Section 92.2.11 entitled “Junior Accessory Dwelling Units” of Chapter 2, Article 2 of Division 9 entitled “General Provisions” of the Torrance Municipal Code is hereby deleted in its entirety.
92.2.11 JUNIOR ACCESSORY DWELLING UNITS.
(Added by O-3863; Amended by O-3864; O-3889; O-3910; O-3911) a) PURPOSE
1) The purpose of Section 92.2.11, Junior Accessory Dwelling Units, of the Torrance Municipal Code, is to provide for the creation of junior accessory dwelling units consistent with California Government Code Section 65852.22, as amended from time to time. In any instance where there is conflict, State law shall govern.
b) DEFINITIONS
1) "Junior Accessory Dwelling Unit" is a unit no more than 500 square feet in size and contained entirely within a proposed or existing single-family dwelling or within the walls of a garage attached to a proposed or existing single family dwelling. It shall include permanent provisions for living, sleeping, eating, and cooking. A junior accessory dwelling unit may include a separate sanitation facility, or may share a sanitation facility with the single-family dwelling. A junior accessory dwelling unit shall not be operated as a short term rental or rented for a period less than 30 days. 2) "Roof deck" is the walkable or otherwise useable open space recreation area located above the top plate of the uppermost floor, the only access to which is from the floors below through an enclosed access way.
c) APPLICABILITY AND PERMISSIBLE USE
1) Junior accessory dwelling units are allowed on lots located within zones that permit a single-family dwelling and that contain a proposed or existing single family dwelling. 2) Junior accessory dwelling units may be combined with an accessory dwelling unit on lots located within a residential or mixed-use zone with a proposed or existing single-family dwelling as provided in Section 65852.2(e) of the Government Code.
3) Junior accessory dwelling units are prohibited on lots that contain multiple detached single-family dwellings.
4) Coastal Zone: The California Coastal Act applies to junior accessory dwelling units located in the Coastal Zone. A copy of the California Coastal Commission permit approval (i.e. Coastal Development Permit, Waiver, or Exemption) shall be filed with the Community Development Department as part of the building permit application.
5) A permit application to construct a junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit. This provision does not insulate the property owner from having to correct nonconforming zoning conditions, building code violations, or unpermitted structures that present a threat to public health and safety and that are separate from construction of the junior accessory dwelling unit.
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13 6) A fee shall be assessed at the time of the building permit application to reimburse the cost incurred for plan review, permit processing, and for preparing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant, all within the 60 day timeframe pursuant to State law. d) DEVELOPMENT STANDARDS AND REQUIREMENTS
Junior accessory dwelling units shall comply with the following development standards and requirements:
1) Number of Units: One junior accessory dwelling unit shall be allowed on a lot. 2) Owner-Occupancy: The property owner shall reside on the lot. The owner may reside in the remaining portion of the single-family dwelling or the newly created junior accessory dwelling unit. 3) Covenant Restriction: A covenant restriction shall be completed and recorded, as provided in Section 92.2.11(e) of the Torrance Municipal Code.
4) Location of Junior Accessory Dwelling Unit: A junior accessory dwelling unit shall be created within the walls of a proposed or existing single-family dwelling, or within the walls of a garage attached to a proposed or existing single family dwelling.
5) Separate Entry Required: A separate entry door shall be provided that is not be visible on the same elevation as the main entrance door to the single-family dwelling and shall not face toward an alley, except when the door is no less than 10 feet from the alley. If a junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance from the main entrance to the single-family dwelling, with an interior entry to the main living area. However, if the junior accessory dwelling unit does include a separate bathroom, then interior entry to the single family dwelling is prohibited.
6) Kitchen Requirements: The junior accessory dwelling unit shall include an efficiency kitchen, which includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are reasonable to the size of the unit.
7) Design Standards:
A) Address numerals of all dwelling units on the lot shall be displayed clearly visible from the street or displayed in a building directory;
B) New doors shall not open on the same elevation as the main entrance to the primary dwelling, except for conversion of an existing door opening to an entry door; C) New doors shall not face toward an alley, except when the door is no less than 10 feet from the alley;
D) New stairways shall be completely enclosed as part of the interior of the structure, except for conversion of an existing stairway;
E) New balconies, full height windows or doors openings with a guardrail, roof decks, and decks greater than 2 feet above grade are prohibited;
F) New mezzanines, lofts, and intermediate levels in the form of a balcony are prohibited; and 18 39
14 G) Building architecture, exterior materials, finishes, and color shall match the primary dwelling. 8) Parking: No parking is required for the junior accessory dwelling unit beyond the required parking for the proposed or existing single-family dwelling. However, replacement parking for the existing single family dwelling is required when an attached garage or portion thereof is converted to a junior accessory dwelling unit. Parking shall conform to the development standards for residential parking areas as provided for in Article 5, Chapter 3 of Division 9, of the Torrance Municipal Code. 9) Setbacks and Other Zoning Regulations: The junior accessory dwelling unit shall be considered a part of the single-family dwelling and shall be subject to the same requirements of the underlying zoning district as required for the single-family dwelling.
10) Density: For purposes of calculating allowable density under the General Plan and Zoning Code a junior accessory dwelling unit is an accessory use that does not count toward the allowable density for the lot.
11) Maximum Floor Area: A junior accessory dwelling unit shall not exceed 500 square feet in floor area.
12) Minimum Floor Area: A junior accessory dwelling unit shall provide a minimum floor area no less in size than an efficiency unit as defined in Section 17958.1 of the Health and Safety Code. 13) Utility Service: For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. An inspection may be assessed to confirm the junior accessory dwelling unit complies with development standards.
14) Illegal Junior Accessory Dwelling Units: This Section shall not validate any existing illegal junior accessory dwelling units. Any conversions from illegal units to a conforming legal junior accessory dwelling unit shall be considered a new junior accessory dwelling unit subject to the provisions of this Section.
e) CONVENANT RESTRICTION
1) A covenant restriction, approved by the City Attorney, shall be recorded with the Los Angeles County Recorder’s Office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said covenant restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded covenant restriction shall be filed with the Community Development Department as part of the building permit record prior to occupancy. The recorded covenant restriction shall state that:
A) The junior accessory dwelling unit shall not be sold separately from the single-family dwelling; B) The junior accessory dwelling unit shall be restricted to the maximum size allowed per the development standards at the time of building permit issuance; C) The junior accessory dwelling unit shall be considered legal only so long as either the single-family dwelling or the junior accessory dwelling unit is occupied by the property owner; D) The junior accessory dwelling unit shall not be operated as a short term rental or rented for periods less than 30 days; and
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15 E) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property.
SECTION 4 INCONSISTENCIES
Any provisions of the Torrance Municipal Code or its appendices, or any other ordinances of the City inconsistent with this Ordinance to the extent of the inconsistencies and no further, are repealed.
SECTION 5 SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Torrance hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.
SECTION 6 VIOLATIONS
Any person violating any of the provisions of this Ordinance will be guilty of an infraction, and upon conviction will be subject to a fine as provided for in Section 36900 of the Government Code.
SECTION 7 CEQA FINDINGS
The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA) because the proposed amendments are statutorily exempt as set forth in Section 21080.17 of the Public Resources Code.
SECTION 8 EFFECTIVE DATE
This Ordinance shall take effect 30 days after the date of its adoption. Within 15 days following adoption, this Ordinance or a summary of this Ordinance if authorized by the City Council, will be published at least once in the Daily Breeze, a newspaper of general circulation, published and circulated in the City of Torrance.
INTRODUCED this ____ day of _______, ____.
ADOPTED this ____ day of _______, ____.
___________________________________
Mayor George K. Chen
APPROVED AS TO FORM:
Patrick Q. Sullivan, City Attorney ATTEST:
________________________________ ___________________________________ Tatia Y. Strader, Assistant City Attorney Rebecca Poirier, MMC, City Clerk 20 41
16 TORRANCE CITY COUNCIL ORDINANCE NO. ____
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF TORRANCE )
I, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify the City Council of the City of Torrance duly approved and adopted the foregoing Ordinance No. ____ at its regular meeting held on the ____ day of _______ ____ by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
This Ordinance was duly published in accordance with State law (GC 40806).
Date: _________________ __________________________
Rebecca Poirier, MMC
City Clerk of the City of Torrance
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17 ORDINANCE SUMMARY
On _______ ____, ____ the City Council of the City of Torrance adopted Ordinance No. ____, which adopts amendments to the Torrance Municipal Code pertaining to the regulation of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) as a result of recent State legislative actions. The amendments involve the following: owner-occupancy requirements, front yard setback, building height, nonconforming zoning conditions, building code violations and unpermitted structures, objective design standard, coastal zone, separate entry required for accessory dwelling units and junior accessory dwelling units (not located on the ground floor), and possible exemptions to allow the creation of accessory dwelling units. The amendments also remove the past version of the junior accessory dwelling unit section and revised accessory dwelling unit section in order to simplify the creation of accessory dwelling units within the City of Torrance.
*****City Clerk to add a paragraph stating that copies of the Ordinance are available at the City Clerk’s Office and stating the names of the City Council members that voted in favor and those that voted against.*****
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Assembly Bill No. 2533
CHAPTER 834
An act to amend Section 66332 of the Government Code, relating to land use. [Approved by Governor September 28, 2024. Filed with
Secretary of State September 28, 2024.]
legislative counsel’s digest
AB 2533, Juan Carrillo. Accessory dwelling units: junior accessory dwelling units: unpermitted developments. Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because the accessory dwelling unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure. Existing law makes those provisions inapplicable to a substandard building, as specified. This bill would instead prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, for those violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard. The bill would require a local agency to inform the public about the provisions prohibiting denial of a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit. The bill would require this information to include a checklist of the conditions that deem a building substandard and to inform homeowners that, before submitting a permit application, the homeowner may obtain a confidential third-party code inspection from a licensed contractor. The bill would prohibit a local agency from requiring a homeowner to pay impact fees or connection or capacity charges except under specified circumstances. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. The bill would authorize an inspector from a local agency, upon receiving an application for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, to inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards. The bill would prohibit the local agency from penalizing an applicant for having
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45 the unpermitted accessory dwelling unit and would require the local agency to approve necessary permits to correct noncompliance with health and safety standards. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 66332 of the Government Code is amended to read: 66332. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit or unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following: (1) The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit or junior accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code. (c) This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. (d) A local agency shall inform the public about the provisions of this section through public information resources, including permit checklists and the local agency’s internet website, which shall include both of the following: (1) A checklist of the conditions specified in Section 17920.3 of the Health and Safety Code that would deem a building substandard. (2) Informing homeowners that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit. 94 — 2 — Ch. 834
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(e) A homeowner applying for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324. (f) Subject to subdivision (c), upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
O
94 Ch. 834 — 3 —
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Senate Bill No. 1211
CHAPTER 296
An act to amend Sections 66313, 66314, and 66323 of the Government Code, relating to land use. [Approved by Governor September 19, 2024. Filed with
Secretary of State September 19, 2024.]
legislative counsel’s digest
SB 1211, Skinner. Land use: accessory dwelling units: ministerial approval. Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. That law prohibits, if a local agency adopts an ordinance to create ADUs in those zones, the local agency from requiring the replacement of offstreet parking spaces if a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or is converted to, an ADU. This bill would also prohibit the local agency from requiring the replacement of offstreet parking spaces if an uncovered parking space is demolished in conjunction with the construction of, or is converted to, an ADU. Existing law requires ministerial approval of ADUs, as specified. Under existing law, a local agency is also required to ministerially approve an application for a building permit within a residential or mixed-use zone to create any of specified variations of ADUs. Existing law imposes various requirements and restrictions on a local agency in connection with the ministerial approval of an application for a building permit for an ADU under these specified variations. This bill would prohibit a local agency from imposing any objective development or design standard that is not authorized by these provisions upon any ADU that meets the requirements of any of the specified variations. Under existing law, one of the above-described variations requires a local agency to ministerially approve a certain number of multiple ADUs within the portion of existing multifamily dwelling structures that are not used as livable space if each unit complies with state building standards for dwellings. This bill would define “livable space” for purposes of the provisions governing ADUs to mean a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. Under existing law, another one of the above-described variations requires a local agency to ministerially approve not more than 2 ADUs that are located on a lot that has an existing or proposed multifamily dwelling, but
94 28
49 are detached from that dwelling, and are subject to a height limitation and rear yard and side setbacks, as specified. This bill would instead authorize, under that variation, up to 8 detached ADUs to be created on a lot with an existing multifamily dwelling, provided that the number of ADUs does not exceed the number of existing units on the lot, and up to 2 detached ADUs on a lot with a proposed multifamily dwelling. By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 66313 of the Government Code is amended to read: 66313. For purposes of this chapter: (a) “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. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (1) An efficiency unit. (2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (b) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (c) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (d) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (e) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (f) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (g) “Local agency” means a city, county, or city and county, whether general law or chartered. 94 — 2 — Ch. 296
29 50
(h) “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards. (i) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (j) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (k) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (l) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (m) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (n) “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. SEC. 2. Section 66314 of the Government Code is amended to read: 66314. A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (a) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (b) (1) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (2) Notwithstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (c) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. 94 Ch. 296 — 3 —
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(d) Require the accessory dwelling units to comply with all of the following: (1) Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separate from the primary residence. (2) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (3) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. (4) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (5) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (6) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (7) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (8) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this article. (9) Approval by the local health officer where a private sewage disposal system is being used, if required. (10) (A) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. 94 — 4 — Ch. 296
31 52
(B) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, 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. (C) This subparagraph shall not apply to an accessory dwelling unit that is described in Section 66322. (11) When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (12) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (e) Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (f) An accessory dwelling unit ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. SEC. 3. Section 66323 of the Government Code is amended to read: 66323. (a) Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (B) The space has exterior access from the proposed or existing single-family dwelling. (C) The side and rear setbacks are sufficient for fire and safety. (D) The junior accessory dwelling unit complies with the requirements of Article 3 (commencing with Section 66333). (2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (1). 94 Ch. 296 — 5 —
32 53
A local agency may impose the following conditions on the accessory dwelling unit: (A) A total floor area limitation of not more than 800 square feet. (B) A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable. (3) (A) Multiple accessory dwelling units within the 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 unit complies with state building standards for dwellings. (B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (4) (A) (i) Multiple accessory dwelling units, not to exceed the number specified in clause (ii) or (iii), as applicable, that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet. (ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot. (iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units. (B) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph. (b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a). (c) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (d) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (e) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than 30 days. (f) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater 94 — 6 — Ch. 296
33 54
treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (g) Notwithstanding Section 66321 and subdivision (a) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in subdivision (a), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
O
94 Ch. 296 — 7 —
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35 56
Senate Bill No. 1077
CHAPTER 454
An act to add Section 30500.5 to the Public Resources Code, relating to coastal resources. [Approved by Governor September 22, 2024. Filed with
Secretary of State September 22, 2024.]
legislative counsel’s digest
SB 1077, Blakespear. Coastal resources: local coastal program: amendments: accessory and junior accessory dwelling units. Existing law, the California Coastal Act of 1976, among other things, establishes the California Coastal Commission and provides for planning and regulation of development in the coastal zone, as defined. The act requires the commission to adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of a local coastal program, as provided. Existing law, the Planning and Zoning Law, authorizes a local agency to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law also authorizes a local agency to provide for the creation of junior accessory dwelling units in single-family residential zones, as specified. Existing law authorizes the Department of Housing and Community Development to review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify certain statutory terms, references, and standards related to accessory dwelling units. This bill would require, by July 1, 2026, the commission, in coordination with the department, to develop and provide guidance for local governments to facilitate the preparation of amendments to a local coastal program to clarify and simplify the permitting process for accessory dwelling units and junior accessory dwelling units within the coastal zone. The bill would require the commission, in coordination with the department, to convene at least one public workshop to receive and consider public comments on the draft guidance before the finalization of the guidance document and to post the guidance document on the commission’s and department’s respective internet websites, as specified. To the extent the bill would create additional duties for a local government, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement
92 36
57 for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 30500.5 is added to the Public Resources Code, to read: 30500.5. (a) By July 1, 2026, the commission shall, in coordination with the Department of Housing and Community Development, develop and provide guidance for local governments to facilitate the preparation of amendments to a local coastal program to clarify and simplify the permitting process for accessory dwelling units and junior accessory dwelling units, as defined in Section 66313 of the Government Code, within the coastal zone. (b) The commission shall, in coordination with the Department of Housing and Community Development, convene at least one public workshop to receive and consider public comments on the draft guidance before the finalization of the guidance document. The commission and the Department of Housing and Community Development shall post the draft guidance on their respective internet websites at least 30 days before the public workshop. The commission shall provide notice of the public workshop to all cities and counties within the coastal zone. The final guidance document shall be posted on the commission’s and the Department of Housing and Community Development’s respective internet websites. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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92 — 2 — Ch. 454
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C.D.D.RECOMMENDATIONS–03/20/2024
AGENDAITEMNO. 8C
CASENO. EAS23-00005;CUP23-00027;
DIV23-00008;GPA23-00002;
PUD23-00001
SUPPLEMENTAL #1 TO AGENDA ITEM NO. 8B
DATE: July1,2025
TO: PlanningCommission
FROM: AdrianPerez,PlanningAssociate
SUBJECT:LandUseStudy–LUS25-00001
PlanningCommissionconsiderationofproposedamendmentstotheTorranceMunicipal CodepertainingtoAccessoryDwellingUnitsandJuniorAccessoryDwellingUnitsunder Section 92.2.10. The proposed amendments are Statutorily Exempt from the California EnvironmentalQualityActassetforthinSection21080.17ofthePublicResourcesCode.
SUPPLEMENTAL
Pleasefindattachedcorrespondencereceivedafterdistributionofthemeetingagenda.
Staffrecommendationremainsunchanged.
ATTACHMENT(S):
1. Correspondence
59 Jul2,2025
CityofTorrance
3031TorranceBlvd
Torrance,CA90503
ByEmail:[email protected]
CC:[email protected];[email protected]; [email protected];[email protected]
Re:
Background
id.) Id Ibid 2201Broadway,PH1,Oakland,CA94612
[email protected]
6060 ATTACHMENT4
Impermissible Size Limits on Exemption ADUs on Single Family Parcels
Impermissible Height Limits on Exemption ADUs
2 of 6
61
Impermissible Size Limits on Exemption ADUs on Multifamily Parcels
Handbook
may not impose development or design standards other zoning provisions
3 of 6
62
Illegal Application of Standards to Exemption ADUs
Handbook
may not impose development or design standards other zoning provisions
only 4 of 6
63 Impermissible Limit on Number of Statewide Exemption ADUs
Handbook
www.calhdf.org
5 of 6
64
6of6
6565
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 5, 2024
Danny E. Santana, Community Development Director
Planning Department
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
Dear Danny E. Santana:
RE: Review of Torrance’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, §§ 66310 – 66342)
Please Note: As of March 25, 2024, with the Chaptering of Senate Bill (SB) 477 (Chapter 7, Statutes of 2024), the sections of Government Code relevant to State Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Law have been re-numbered (Enclosure 1).
Thank you for submitting the City of Torrance (City) ADU Ordinance No. 3911 (Ordinance), adopted December 6, 2022, to the California Department of Housing and Community Development (HCD). HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 66326, subdivision (a). HCD finds that the Ordinance fails to comply with State ADU and JADU Laws as specified below. Under section 66326, subdivision (b)(1), the City has up to 30 days to respond to these findings. Accordingly, the City must provide a written response to these findings no later than October 5, 2024.
The Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance fails to comply with State ADU Law as follows:
1. Urgency Ordinance – The Ordinance was adopted as an urgency ordinance.
However, its adoption as an urgency ordinance may be inconsistent with State ADU Law. On July 17, 2023, the Office of the Attorney General published a letter to all jurisdictions in California on urgency ordinances and their strict legal requirements. Please review this letter (attached) to ensure future consistency with State ADU Law.
2. Statutory Numbering - The Ordinance contains several references to code sections that were deleted by SB 477, effective March 25, 2024. These include Government Code sections 65852.2, 65852.22 and 65852.26. The contents of 66 ATTACHMENT 5
Danny E. Santana, Community Development Director
these sections were relocated to Government Code, Title 7, Division 1, Chapter 13 (sections 66310-66342, see Enclosure). The City must amend the Ordinance to refer to the correct code sections.
3. Section 92.2.10 c.3 – Coastal Zone – The Ordinance requires that, “A copy of the California Coastal Commission permit approval (i.e. Coastal Development Permit, Waiver, or Exemption) shall be filed with the Community Development Department as part of the building permit application.” HCD requests and requires more information – please provide the procedures for issuance of the CCC permit including but not limited to whether a hearing is required.
Government Code section 66329 states, "Nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.”
4. Section 92.2.10 c.3 – “Designated and Limited Designated Areas” – The Ordinance permits ADUs in “Designated and Limited Designated Areas, identified in Exhibit A…” However, it is unclear if there are any areas within the City that are neither Designated nor Limited Designated. HCD requests and requires more information, specifically whether there any areas within the City that fall into neither category but still allow residential development by-right.
While Government Code section 66314, subdivision (a) permits local jurisdictions to “Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted,” section 66323 requires that “Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create…” units subject to that section. Therefore, the City must clarify that section 66323 units are permitted in any residential or mixed-use zone.
5. Section 92.2.10 c.4 and d.1 – Unit Allowance – The Ordinance states, “A lot with multiple detached single-family dwellings is eligible for creation of one accessory dwelling unit per lot…” Section 92.2.10 d.1 further states, “…one accessory dwelling unit shall be allowed on a lot.”
Government Code section 66323 subdivision (a) states, "Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling…(A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single family dwelling or existing space of a single-family dwelling or accessory structure." Subparagraph (2) permits "[o]ne detached, new construction, accessory dwelling unit that does not exceed four- 67 Danny E. Santana, Community Development Director
foot side and rear yard setbacks." The use of the term "any" followed by an enumeration of by right ADU types permitted means that any of these ADU types can be combined on a lot zoned for single family dwellings.
This permits a homeowner, who meets specified requirements, to create one converted ADU; one detached, new construction ADU; and one JADU. Thus, if the local agency approves an ADU that is created from existing (or proposed) space, and the owner subsequently applies for a detached ADU (or vice versa) that meets the size and setbacks pursuant to the subdivision, the local agency cannot deny the application, nor deny a permit for a JADU under this section.
Limiting single-family lots to one ADU would prevent property owners from creating ADUs under section 66323. Therefore, the City must amend the Ordinance to allow for all ADU combinations allowed under Government Code Section 66323.
6. Section 92.2.10 d11 and 92.2.11 d.5 – Owner Occupancy and JADUs – The Ordinance states, “The property owner shall reside on the lot at the time of building permit request if the lot is developed with both an accessory dwelling unit and a junior accessory dwelling unit.” It later states, “The property owner shall reside on the lot. The owner may reside in the remaining portion of the single family dwelling or the newly created junior accessory dwelling unit.” However, Government Code section 66333, subdivision (b) states that “Owner- occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.” Therefore, the City must correct this omission.
7. Section 92.2.11 c.3 – JADUs with Multiple Single-Family Dwellings – The Ordinance states, “Junior accessory dwelling units are prohibited on lots that contain multiple detached single-family dwellings.” However, Government Code section 66333, subdivision (a) allows “…one [JADU] per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.” Therefore, one JADU may be allowed per lot even on lots with multiple single family detached primary dwellings. The City must amend the Ordinance to comply with State ADU Law.
8. Section 92.2.11 d.5 and d.7.B & C – Design Standards & JADUs – The Ordinance requires that, “A separate entry door shall be provided that is not visible on the same elevation as the main entrance door to the single family dwelling and shall not face toward an alley, except when the door is no less than 10 feet from the alley.” It later requires that “New doors shall not open on the same elevation as the main entrance to the primary dwelling, except for conversion of an existing door opening to an entry door… New doors shall not face toward an alley, except when the door is no less than 10 feet from the alley…” However, Government Code section 66333, subdivision (e)(1), requires “a permitted junior accessory dwelling unit to include a separate 68 Danny E. Santana, Community Development Director
Page4
entrance from the main entrance to the proposed or existing single-family residence.” ThThis subdivision does not reference the application of development standards upon entry doorsand thus, the application of such development standards is inconsistent with State ADU Law. Therefore, the City must amend the Ordinance to remove JADU entry requirements.
9.9. Section 92.2.11 d.7.D –Enclosed Staircase –The Ordinance states that “New stairways shall be completely enclosed as part of the interior of the structure, except for conversion of an existing stairway…” HCD requests and requires more information given that JADUs must be created entirely out of existing space. The City should clarify this scenario in the Ordinance.
10.Section 92.2.11 d.12 –Covenant Restriction –The Ordinance states, “A covenant restriction, approved by the City Attorney, shall be recorded with the Los Angeles County Recorder's Office, which shall include the pertinent restrictions and limitations of an accessory dwelling unit identified in this Section.” However, Government Code section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.” A deed restriction would be an “additional standard” and thus cannot be imposed. The City must amend the Ordinance accordingly.
The Cityhas two options in response to this letter. The Citycan either amend the Ordinance to comply with State ADU Law or adopt the Ordinance without changes and include findings in its resolution adopting the Ordinance that explain the reasons the Citybelieves that the Ordinance complies with State ADU Law despite HCD’s findings.
If the Cityfails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD must notify the Cityand may notify the California Office of the Attorney General that the Cityis in violation ofState ADU Law.
HCD appreciates the City’seffortsin the preparation and adoption of the Ordinance and welcomes the opportunity to assist the Cityin fully complying with State ADULawaw.
Please contact Mike Van Gorder, of our staff, at (916) 776-7541or at [email protected] you have any questions or would like HCD’s technical assistance in these matters.
Sincerely,
Jamie Candelaria
Senior Housing Accountability Unit Manager
Housing Policy Development Division
6969
State ADU/JADU Law Statutory Conversion Table
New Government Code Sections Previous Government Code Sections Article 1. General Provisions
66310 65852.150 (a)
66311 65852.150 (b)
66312 65852.150 (c)
66313 General Definition Section
65852.2 (j)
65852.22 (j)
Article 2. Accessory Dwelling Unit Approvals
66314 65852.2(a)(1)(A), (D)(i)-(xii), (a)(4)-(5)
66315 65852.2 (a)(8)
66316 65852.2 (a)(6)
66317 65852.2 (a)(3), (a)(7)
66318 65852.2 (a)(9), 65852.2 (a)(2)
66319 65852.2 (a)(10)
66320 65852.2 (b)
66321 65852.2 (c)
66322 65852.2 (d)
66323 65852.2 (e)
66324 65852.2 (f)
66325 65852.2 (g)
66326 65852.2 (h)
66327 65852.2 (i)
66328 65852.2 (k)
66329 65852.2 (l)
66330 65852.2 (m)
66331 65852.2 (n)
66332 65852.23.
Article 3. Junior Accessory Dwelling Units
66333 65852.22 (a)
66334 65852.22 (b)
66335 65852.22 (c)
66336 65852.22 (d)
66337 65852.22 (e)
66338 65852.22 (f)-(g)
66339 65852.22 (h)
Article 4. Accessory Dwelling Unit Sales
66340 65852.26 (b)
66341 65852.26 (a)
66342 65852.2 (a)(10)
70 Assembly Bill No. 2533
CHAPTER 834
An act to amend Section 66332 of the Government Code, relating to land use. [Approved by Governor September 28, 2024. Filed with
Secretary of State September 28, 2024.]
legislative counsel’s digest
AB 2533, Juan Carrillo. Accessory dwelling units: junior accessory dwelling units: unpermitted developments. Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because the accessory dwelling unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure. Existing law makes those provisions inapplicable to a substandard building, as specified. This bill would instead prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, for those violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard. The bill would require a local agency to inform the public about the provisions prohibiting denial of a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit. The bill would require this information to include a checklist of the conditions that deem a building substandard and to inform homeowners that, before submitting a permit application, the homeowner may obtain a confidential third-party code inspection from a licensed contractor. The bill would prohibit a local agency from requiring a homeowner to pay impact fees or connection or capacity charges except under specified circumstances. By imposing additional duties on local agencies, the bill would impose a state-mandated local program. The bill would authorize an inspector from a local agency, upon receiving an application for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, to inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards. The bill would prohibit the local agency from penalizing an applicant for having
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the unpermitted accessory dwelling unit and would require the local agency to approve necessary permits to correct noncompliance with health and safety standards. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 66332 of the Government Code is amended to read: 66332. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit or unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following: (1) The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit or junior accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code. (c) This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. (d) A local agency shall inform the public about the provisions of this section through public information resources, including permit checklists and the local agency’s internet website, which shall include both of the following: (1) A checklist of the conditions specified in Section 17920.3 of the Health and Safety Code that would deem a building substandard. (2) Informing homeowners that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit. 94 — 2 — Ch. 834
72 (e) A homeowner applying for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324. (f) Subject to subdivision (c), upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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73 Senate Bill No. 1211
CHAPTER 296
An act to amend Sections 66313, 66314, and 66323 of the Government Code, relating to land use. [Approved by Governor September 19, 2024. Filed with
Secretary of State September 19, 2024.]
legislative counsel’s digest
SB 1211, Skinner. Land use: accessory dwelling units: ministerial approval. Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. That law prohibits, if a local agency adopts an ordinance to create ADUs in those zones, the local agency from requiring the replacement of offstreet parking spaces if a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or is converted to, an ADU. This bill would also prohibit the local agency from requiring the replacement of offstreet parking spaces if an uncovered parking space is demolished in conjunction with the construction of, or is converted to, an ADU. Existing law requires ministerial approval of ADUs, as specified. Under existing law, a local agency is also required to ministerially approve an application for a building permit within a residential or mixed-use zone to create any of specified variations of ADUs. Existing law imposes various requirements and restrictions on a local agency in connection with the ministerial approval of an application for a building permit for an ADU under these specified variations. This bill would prohibit a local agency from imposing any objective development or design standard that is not authorized by these provisions upon any ADU that meets the requirements of any of the specified variations. Under existing law, one of the above-described variations requires a local agency to ministerially approve a certain number of multiple ADUs within the portion of existing multifamily dwelling structures that are not used as livable space if each unit complies with state building standards for dwellings. This bill would define “livable space” for purposes of the provisions governing ADUs to mean a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. Under existing law, another one of the above-described variations requires a local agency to ministerially approve not more than 2 ADUs that are located on a lot that has an existing or proposed multifamily dwelling, but
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are detached from that dwelling, and are subject to a height limitation and rear yard and side setbacks, as specified. This bill would instead authorize, under that variation, up to 8 detached ADUs to be created on a lot with an existing multifamily dwelling, provided that the number of ADUs does not exceed the number of existing units on the lot, and up to 2 detached ADUs on a lot with a proposed multifamily dwelling. By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 66313 of the Government Code is amended to read: 66313. For purposes of this chapter: (a) “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. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (1) An efficiency unit. (2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (b) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (c) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (d) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (e) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (f) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (g) “Local agency” means a city, county, or city and county, whether general law or chartered. 94 — 2 — Ch. 296
75 (h) “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards. (i) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (j) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (k) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (l) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (m) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (n) “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. SEC. 2. Section 66314 of the Government Code is amended to read: 66314. A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (a) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (b) (1) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (2) Notwithstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (c) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. 94 Ch. 296 — 3 —
76 (d) Require the accessory dwelling units to comply with all of the following: (1) Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separate from the primary residence. (2) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (3) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. (4) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (5) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (6) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (7) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (8) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this article. (9) Approval by the local health officer where a private sewage disposal system is being used, if required. (10) (A) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. 94 — 4 — Ch. 296
77 (B) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, 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. (C) This subparagraph shall not apply to an accessory dwelling unit that is described in Section 66322. (11) When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (12) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (e) Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (f) An accessory dwelling unit ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. SEC. 3. Section 66323 of the Government Code is amended to read: 66323. (a) Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (B) The space has exterior access from the proposed or existing single-family dwelling. (C) The side and rear setbacks are sufficient for fire and safety. (D) The junior accessory dwelling unit complies with the requirements of Article 3 (commencing with Section 66333). (2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (1). 94 Ch. 296 — 5 —
78 A local agency may impose the following conditions on the accessory dwelling unit: (A) A total floor area limitation of not more than 800 square feet. (B) A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable. (3) (A) Multiple accessory dwelling units within the 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 unit complies with state building standards for dwellings. (B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (4) (A) (i) Multiple accessory dwelling units, not to exceed the number specified in clause (ii) or (iii), as applicable, that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet. (ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot. (iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units. (B) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph. (b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a). (c) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (d) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (e) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than 30 days. (f) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater 94 — 6 — Ch. 296
79 treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (g) Notwithstanding Section 66321 and subdivision (a) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in subdivision (a), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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80 Senate Bill No. 1077
CHAPTER 454
An act to add Section 30500.5 to the Public Resources Code, relating to coastal resources. [Approved by Governor September 22, 2024. Filed with
Secretary of State September 22, 2024.]
legislative counsel’s digest
SB 1077, Blakespear. Coastal resources: local coastal program: amendments: accessory and junior accessory dwelling units. Existing law, the California Coastal Act of 1976, among other things, establishes the California Coastal Commission and provides for planning and regulation of development in the coastal zone, as defined. The act requires the commission to adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of a local coastal program, as provided. Existing law, the Planning and Zoning Law, authorizes a local agency to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law also authorizes a local agency to provide for the creation of junior accessory dwelling units in single-family residential zones, as specified. Existing law authorizes the Department of Housing and Community Development to review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify certain statutory terms, references, and standards related to accessory dwelling units. This bill would require, by July 1, 2026, the commission, in coordination with the department, to develop and provide guidance for local governments to facilitate the preparation of amendments to a local coastal program to clarify and simplify the permitting process for accessory dwelling units and junior accessory dwelling units within the coastal zone. The bill would require the commission, in coordination with the department, to convene at least one public workshop to receive and consider public comments on the draft guidance before the finalization of the guidance document and to post the guidance document on the commission’s and department’s respective internet websites, as specified. To the extent the bill would create additional duties for a local government, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement
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for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 30500.5 is added to the Public Resources Code, to read: 30500.5. (a) By July 1, 2026, the commission shall, in coordination with the Department of Housing and Community Development, develop and provide guidance for local governments to facilitate the preparation of amendments to a local coastal program to clarify and simplify the permitting process for accessory dwelling units and junior accessory dwelling units, as defined in Section 66313 of the Government Code, within the coastal zone. (b) The commission shall, in coordination with the Department of Housing and Community Development, convene at least one public workshop to receive and consider public comments on the draft guidance before the finalization of the guidance document. The commission and the Department of Housing and Community Development shall post the draft guidance on their respective internet websites at least 30 days before the public workshop. The commission shall provide notice of the public workshop to all cities and counties within the coastal zone. The final guidance document shall be posted on the commission’s and the Department of Housing and Community Development’s respective internet websites. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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