Accessory Dwelling Units
In general, an Accessory Dwelling Unit (ADU) is a smaller, independent residential dwelling unit (i.e., detached) located on the same lot as a stand-alone, single-family home. In response to recent changes in State laws, the City is preparing a local ordinance to amend the Municipal Code and Local Coastal Program (LCP) so that they are consistent with State law.
In September 2018, the Planning Commission held a public hearing on the proposed ADU ordinance and provided direction to staff on recommended changes. The project was placed on hold due to the November 2018 Woolsey Fire. At its Regular Meeting on Monday, March 16, 2020, at 6:30 PM, the Planning Commission will hold a public hearing to consider amendments to the project. View the Notice of Public Hearing for details. THIS MEETING HAS BEEN CANCELLED.
In 2016, in an effort to increase affordable housing opportunities, the State of California adopted three laws regarding ADUs and Junior Accessory Dwelling Units (JADUs): State Bill (SB) 1069, Assembly Bill (AB) 2299, and AB 2406, which all went into effect in 2017. The new regulations were intended to reduce the regulatory, physical, and financial barriers to constructing ADUs, which were seen as an opportunity for providing affordable housing. It is important to note that State law still authorizes local agencies to adopt additional restrictions to regulate ADUs, as long as the additional restrictions do not conflict with regulations established in State law. In January 2018, the Legislature further updated ADU law to clarify and improve various provisions in order to promote the development of ADUs. These include allowing ADUs to be built concurrently with a single-family home, increasing the areas where ADUs can be built to include all zoning districts that allow single-family uses, modifying fees from utilities, such as special districts and water corporations, and reducing parking requirements. In October 2019, the State legislature adopted four laws that will have further significant effects on promoting ADU development: AB 881, AB 670, SB 13, and AB 68. These new laws will go into effect on January 1, 2020.
It should be noted that the City of Malibu is entirely within the coastal zone and has a certified LCP that governs all new development, including ADUs. Portions of Malibu’s LCP are more restrictive than State ADU regulations.
To submit a comments on the proposed ordinance, email firstname.lastname@example.org or mail to: City of Malibu Planning Department, c/o Justine Kendall, 23825 Stuart Ranch Road, Malibu, CA 90265.
To be notified directly of important information regarding the proposed ordinance, including public hearings and meetings, email Justine Kendall at email@example.com or call 310-456-2489, ext. 301.
- Public Review Draft Ordinance - Version March 2020
- Malibu Accessory Dwelling Unit FAQ
- California HCD Accessory Dwelling Unit Guidance Page
- California Coastal Commission Memoranda on ADUs
ADU-related state bills
The State of California has adopted several bills that affect accessory dwelling units (ADUs). With respect to the ADU ordinance, the focus is on AB 881, section 1.5 (and to some extent, section 2.5, which does not take effect until 2025) regarding ADUs, and on AB 68, section 2, regarding Junior Accessory Dwelling Units. The other bills also affect ADUs, but in ways that are not significantly related to the City’s ordinance. For example, SB 13, section 3, adds a new Health and Safety Code provision affecting extensions of time to correct building-code violations in an ADU, AB 670 affects ADUs under private CC&Rs, AB 671 affects ADU treatment in Housing Elements, and AB 587 allows for separate conveyance of an ADU in very narrow circumstances, if the City chooses to allow it.
- ADU Updates Summary and Statute Redline Changes - January 2020
- Assembly Bill 881
- State Bill 13
- Assembly Bill 68
- Assembly Bill 671 / AB 139
- Assembly Bill 670
- Assembly Bill 587
Note: Some bills contain yellow and red highlighting - Yellow highlighting identifies the sections that take effect, and the non-highlighted sections do not take effect because of the order in which the bills were signed into law. In AB 881, since both sections 1.5 and 2.5 are effective, and section 2.5 replaces section 1.5 as of January 1, 2025, the substantive differences between the texts of the two sections are highlighted in red.