Malibu Approves Accessory Dwelling Unit Ordinance

January 16, 2024 ·

MALIBU—On January 12, the city of Malibu disclosed on its website that on January 8, 2024, the Malibu City Council adopted an ordinance to regulate Accessory Dwelling Units (ADUs) in the city, taking a step toward addressing Malibu’s housing challenges while balancing the need to preserve the community’s rural coastal village character.

The report from the Malibu City Council meeting on December 20, 2023, stated:

“Conduct second reading, unless waived, and adopt Ordinance No. 510, an ordinance of the City of Malibu approving Local Coastal Program Amendment (LCPA) No. 18-002, an amendment to the LCP to update accessory dwelling units (ADU) Regulations, and Zoning Text Amendment (ZTA) No. 18-004, an amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) related to definitions, guest homes, and changing the term second units to ADUs, and finding the amendments exempt from the California Environmental Quality Act (CEQA); and 2) Conduct second reading, unless waived, and adopt Ordinance No. 511 approving ZTA No. 18-004, an amendment to Title 17 (Zoning) of the MMC to update ADU regulations and finding the amendments exempt from CEQA.”

Ordinance 510 states: “ORDINANCE NO. 510 AN ORDINANCE OF THE CITY OF MALIBU APPROVING LOCAL COASTAL PROGRAM AMENDMENT 18-002, AN AMENDMENT TO THE
LOCAL COASTAL PROGRAM TO UPDATE ACCESSORY DWELLINGUNIT REGULATIONS, AND ZONING TEXT AMENDMENT NO. 18-004, AN AMENDMENT TO TITLE 17 (ZONING) OF THE MALIBU MUNICIPAL CODE RELATED TO DEFINITIONS, GUEST HOMES AND CHANGING THE TERM SECOND UNITS TO ACCESSORY DWELLING UNITS, AND FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”

The city of Malibu defines an ADU as: “an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety
Code and the California Building Code; and
2. A manufactured home, as defined in Section 18007 of the California Health and Safety
Code.”

ACCESSORY DWELLING UNIT, ATTACHED – an accessory dwelling unit that is
physically attached to the primary dwelling unit and share an interior wall or as an additional story above the primary dwelling unit, but which has independent, direct access from the exterior.

ACCESSORY DWELLING UNIT, DETACHED – an accessory dwelling unit that is not an
attached accessory dwelling unit.

CAR SHARE VEHICLE – a motor vehicle that is operated as part of a regional fleet by a public or private car-sharing company or organization and provides hourly or daily service. A car share vehicle does not include vehicles used as part of ride-hailing companies such as Uber or Lyft.

COMPLETE INDEPENDENT LIVING FACILITIES – permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

JUNIOR ACCESSORY DWELLING UNIT – a residential unit that
1. is no more than 500 square feet in size;
2. is contained entirely within an existing or proposed single-family structure;
3. has a separate exterior entrance;
4. includes its own separate sanitation facilities or shares sanitation facilities with the existing
or proposed single-family structure; and
5. includes an efficiency kitchen.

KITCHEN, INCLUDING AN EFFICIENCY KITCHEN – an area within a structure that is
used or designed to be used for the preparation or cooking of food and that contains each of the following:
1. A cooking facility with appliances including, but not limited to: ovens, convection ovens,
stoves, stove tops, built-in grills or similar appliances.
2. A food preparation counter or counters that total at least 15 square feet in area.
3. Food storage cabinets that total at least 30 square feet of shelf space.

A coastal development permit is required for all detached and attached ADUs and ADUs located inside an existing accessory building including when legally established accessory structure is demolished and is replaced with a new structure for the purpose of creating an ADU. Fire sprinklers are required inside an ADU and not short-term rentals less than 30 days will be allowed.

An ADU may be rented, but no ADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot), as stated in Ordinance 510.

For more details, see the staff report: https://www.malibucity.org/AgendaCenter/ViewFile/Item/6435?fileID=57906.

By Trevor

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