The purpose of this article is to establish regulations governing Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with California Government Code Sections 65852.2 and 65852.22, and to provide local standards for the development of Accessory Dwelling Units and Junior Accessory Dwelling Units.

(Ord. No. 381, § 1, 9-12-22; Ord. No. 390, § 1, 11-13-23)

The following words, phrases and terms are hereby defined for the purpose of this section:

Accessory Dwelling Unit(s): As defined in Government Code Section 65852.2(j)(1), as it may be amended, an attached or detached residential dwelling unit which 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 parcel as the primary dwelling is situated. An Accessory Dwelling Unit may take the following forms: (i) Attached means the Accessory Dwelling Unit is attached to the Primary Dwelling; and (ii) Detached means the Accessory Dwelling Unit is separated from the Primary Dwelling.

Junior Accessory Dwelling Unit: As defined in Government Code Section 65852.22(h)(1), as it may be amended, a unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family dwelling.

Primary Dwelling: means the main or first existing dwelling structure erected on a parcel used exclusively for residential purposes. A Primary Dwelling may be a single-family or multiple dwelling.

Statewide Exemption Accessory Dwelling Unit: An Accessory Dwelling Unit of up to 800 square feet, with four feet side and rear yard setbacks, and in compliance with all other local development standards. California Government Code Section 65852.2(c)(1)(C) requires that no lot coverage, floor area ratio, open space, front setbacks or minimum lot size prevent the construction of a Statewide Exemption Accessory Dwelling Unit.

(Ord. No. 381, § 1, 9-12-22; Ord. No. 390, § 1, 11-13-23)

Any application for an Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall include a site plan, floor plan, and elevations substantiating and evidencing compliance with all applicable development standards. Where all requirements of this article and the Hidden Hills Municipal Code appear to be met, the application shall be approved ministerially without discretionary review or public hearing within 60 days of receiving a completed application. The City and applicant may agree to additional time with a written request from the applicant. If the application to create an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit is submitted with an application to create a new single-family dwelling, the City will act on the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit application when the City acts on the application to create the new single family dwelling.

(Ord. No. 381, § 1, 9-12-22; Ord. No. 390, § 1, 11-13-23)

A.

Types of Accessory Dwelling Units:

1.

Detached Accessory Dwelling Unit.

2.

Attached Accessory Dwelling Unit.

3.

Junior Accessory Dwelling Unit.

B.

Number of Units:

1.

If the Primary Dwelling is a single-family dwelling:

(a)

One Accessory Dwelling Unit may be located within the proposed space of single-family dwelling, or the existing space of single-family dwelling or habitable accessory building.

(b)

One Detached or Attached Accessory Dwelling Unit may be located on lots which contain or are proposed to be developed simultaneously with a single-family dwelling.

(c)

One Junior Accessory Dwelling Unit may be located within the proposed or existing space of a single-family dwelling.

(d)

One Junior Accessory Dwelling Unit plus one Detached Accessory Dwelling Unit may be located on lots which contain or are proposed to be developed with a single-family dwelling.

2.

If the Primary Residence Dwelling is a multifamily dwelling:

(a)

A maximum of two Detached Accessory Dwelling Units may be constructed on lots which contain or are proposed to be developed with a multiple dwelling structure.

(b)

Within an existing multifamily dwelling, an Accessory Dwelling Unit may be converted from non-habitable area including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. At least one such Accessory Dwelling Unit conversion or up to 25 percent of the existing units within the multiple dwelling structure, is permitted under this subsection, and all such units shall comply with applicable fire and building code requirements.

(c)

Junior Accessory Dwelling Units are not permitted on lots with multifamily dwellings.

C.

Size:

1.

The maximum size of an Accessory Dwelling Unit shall be 1,200 square feet, except in the RA-S2 zone where the maximum size shall be 1,500 square feet. Application of other development standards, such as floor area ratio or lot coverage, may further limit the size of the Accessory Dwelling Unit; however, no application of floor area ratio, lot coverage, or open space requirements may prevent the construction of a Statewide Exemption Accessory Dwelling Unit.

2.

The maximum size of a Statewide Exemption Accessory Dwelling Unit shall be 800 square feet.

3.

The maximum size of a Junior Accessory Dwelling Unit shall be 500 square feet.

D.

Setbacks:

1.

The Accessory Dwelling Unit shall maintain side and rear lot line setbacks as stated in the base zone, except that a Statewide Exemption Accessory Dwelling Unit shall allow a minimum of four feet. Side and rear lot line setbacks shall be measured from the greater of the edge of any recorded property line or easement, including any recreational or equestrian trail easement as applicable. An Accessory Dwelling Unit shall be allowed in the front yard; however, it must comply with the front setbacks of the base zone, except where such setbacks would preclude a Statewide Exemption Accessory Dwelling Unit. Only in this case would a Statewide Exemption Accessory Dwelling Unit be allowed in the front setback.

2.

No setback shall be required for an existing living area constructed in the same location and to the same dimensions as an existing habitable structure that is converted to an Accessory Dwelling Unit or to a portion of an Accessory Dwelling Unit.

3.

A minimum separation shall be maintained between a Detached Accessory Dwelling Unit and all other buildings and structures as required by applicable fire and building code requirements.

E.

Height:

1.

An Attached Accessory Dwelling Unit may not exceed 25 feet in height or the height limitation as stated in the base zone, whichever is lower, measured to the proposed peak of roof. In no case may the Accessory Dwelling Unit exceed two stories.

2.

If a Detached Accessory Dwelling Unit is within a one-half-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, the Detached Accessory Dwelling Unit may not exceed 18 feet in height and one-story, measured to the proposed peak of roof. An additional two feet in height shall be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the Primary Dwelling unit.

3.

A Detached Accessory Dwelling Unit that is on a lot with an existing or proposed multifamily, multi-story dwelling unit, may not exceed 18 feet in height, measured to the proposed peak of roof.

4.

A Detached Accessory Dwelling Unit on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed a height of 16 feet.

F.

Parking:

1.

A minimum of one off-street parking space must be provided for an Attached Accessory Dwelling Unit in addition to the parking required for the Primary Dwelling. This additional parking space may be provided in a garage or carport, through tandem parking on an existing paved driveway, or in the rear yard setback on a paved surface so as not to be visible from the public on which the Primary Dwelling fronts.

2.

A minimum of one off-street parking space must be provided for a Detached Accessory Dwelling Unit in addition to the parking required for the Primary Dwelling. This additional parking space may be provided in a garage or carport, through tandem parking on an existing paved driveway, or in the rear yard setback on a paved surface so as not to be visible from the public on which the Primary Dwelling fronts.

3.

No additional parking is required for an Accessory Dwelling Unit that satisfies any of the following:

(a)

The Accessory Dwelling Unit is located within one-half mile walking distance of public transit.

(b)

The Accessory Dwelling Unit is located within an architecturally and historically significant historic district.

(c)

The Accessory Dwelling Unit is part of the proposed or existing primary residence dwelling or an accessory structure.

(d)

When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit.

(e)

When there is a car share vehicle located within one block of the Accessory Dwelling Unit.

4.

No additional parking is required for a Junior Accessory Dwelling Unit.

G.

Architectural Compatibility:

1.

The Accessory Dwelling Units shall incorporate the same architectural features and enhancements as the Primary Dwelling on the site.

2.

The materials and colors of the exterior walls, roof, eaves, and windows and doors must match the appearance and architectural design of those of the Primary Dwelling.

3.

The roof slope must match that of the dominant roof slope of the Primary Dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

4.

If a separate entrance is provided for an Attached Accessory Dwelling Unit, the entrance shall not be located on the front of the Primary Dwelling or facing the street. On corner lots, the entrance shall not be located on the front of the Primary Dwelling or facing the street on which the Primary Dwelling fronts.

5.

A permanent foundation shall be required for all Accessory Dwelling Units.

6.

All exterior lighting shall be selected and installed in compliance with Article 5-2C-5(B) of the Hidden Hills Municipal Code.

7.

All landscaping shall be selected and installed in compliance with Chapter 10 (Water Efficient Landscaping) of the Hidden Hills Municipal Code.

8.

All newly constructed Detached Accessory Dwelling Units are subject to the same solar photovoltaic (PV) requirements as new homes under the Energy Code.

H.

Utilities:

1.

The Accessory Dwelling Unit shall be located on a lot that is served by a public sanitary sewer system, and separate utility meters shall be required to serve the Accessory Dwelling Unit if the Accessory Dwelling Unit is constructed at the same time as a new single family home Primary Dwelling.

I.

Building and Fire Codes:

1.

Accessory Dwelling Unit and Junior Accessory Dwelling Units shall comply with all applicable building code requirements, including but not limited to residential, electrical, mechanical, plumbing, fire, energy, and green building standards.

2.

If the accessory dwelling unit is demolished or destroyed, or if the accessory dwelling unit is modified such that it no longer complies with this section, the property owner shall return the lot and all improvements into a condition that complies fully with applicable land use and building standards set forth in this code. The property owner shall apply for any and all permits necessary to complete the scope of work, as required under the City's building and fire codes.

3.

If fire sprinklers are required for the primary residence, they shall be required for the Accessory Dwelling Unit. The construction of an Accessory Dwelling Unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.

J.

Additional Standards Applicable to Junior Accessory Dwelling Units:

1.

A Junior Accessory Dwelling Unit must be contained entirely within the walls of the existing or proposed single-family dwelling.

2.

A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a Junior Accessory Dwelling Unit.

3.

A Junior Accessory Dwelling Unit may include separate sanitation facilities, or may share sanitation facilities with the single-family dwelling in which case the Junior Accessory Dwelling Unit shall have an interior door to allow access to the facilities in the single-family dwelling.

4.

A Junior Accessory Dwelling Unit shall include an efficiency kitchen, which shall include all of the following:

(a)

a cooking facility with appliances.

(b)

a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior Accessory Dwelling Unit.

K.

Underlying Development Standards: Accessory Dwelling Units are subject to the development standards of the underlying zoning district, except as specified in this Article P, provided those requirements do not preclude the construction of Statewide Exemption Accessory Dwelling Unit.

(Ord. No. 381, § 1, 9-12-22; Ord. No. 390, § 1, 11-13-23)

A.

The Accessory Dwelling Unit shall not be sold, transferred or assigned separately from the primary residential dwelling on the site, except as provided by except as provided in Government Code Section 65852.26.

B.

If the property contains a Junior Accessory Dwelling Unit, one of the residential dwellings on the lot shall be occupied as the Primary Dwelling of the owner of the lot and shall not be rented or leased as long as the Junior Accessory Dwelling Unit exists.

(Ord. No. 381, § 1, 9-12-22; Ord. No. 390, § 1, 11-13-23)

The owner of record shall record a covenant in a form satisfactory to the City Attorney within 30 days following the issuance of a building permit for the Accessory Dwelling Unit or Junior Accessory Dwelling Unit, which shall include the following requirements and any other provisions required by State law:

A.

The Accessory Dwelling Unit (or Junior Accessory Dwelling Unit) may not be sold, transferred or assigned separately from the primary residence;

B.

The rental of an Accessory Dwelling Unit of Junior Accessory Dwelling unit shall be for a term longer than 30 days;

C.

If the property contains a Junior Accessory Dwelling Unit, the Junior Accessory Dwelling Unit shall be a legal unit and may be used as habitable space, only so long as either the main dwelling unit, or the Junior Accessory Dwelling Unit, is occupied by the owner of record of the property, unless state law is amended to prohibit local agencies from requiring owner-occupancy, and

D.

Such restrictions shall run with the land and be binding upon all future owners, and lack of compliance may result in legal action against the property owner to compel compliance with this Code. The covenant shall be recorded in the official records of the County of Los Angeles, and a copy of the covenant shall be filed with the office of the City Clerk.

(Ord. No. 381, § 1, 9-12-22; Ord. No. 390, § 1, 11-13-23)

Accessory Dwelling Units and Junior Accessory Dwelling units shall be subject to all applicable plan check and inspection fees for the Building Division's review and inspection of the structure, as adopted by the City Council.

No impact fee is required for an Accessory Dwelling Unit, except for school district impact fees, which may be required for Accessory Dwelling Units greater than 500 square feet.

(Ord. No. 381, § 1, 9-12-22; Ord. No. 390, § 1, 11-13-23)