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LA Gives Green Light To Movable Tiny Homes As ADUs
Dec 11, 2019 | ADU, California Tiny Home News, Moveable Tiny Homes



Making Tiny Possible!
Announcement from Dan Fitzpatrick, THIA President
Fabulous news from LA. The City of Los Angeles has given the Green Light to Movable Tiny Homes as ADUs!
The Accessory Dwelling Unit (ADU) ordinance has been APPROVED today by the LA City Council. This ordinance permits Movable Tiny Houses as permissible and permanently habitable accessory dwelling units (ADU). The ordinance becomes law in time for Christmas!

 
Suffice it to say that, now that the nation’s 2nd largest city recognizes Movable Tiny Homes as habitable ADU’s, it will go a long way in providing a model for other cities around the country.
Thank you to American Tiny House Association (ATHA) and Tiny Home Industry Association (THIA) and a special thanks to Tessa Baker of Los Angeles Co-built Homes (LATCH) that did the early groundwork with LA elected officials.

An ordinance amending Sections 12.03, 12.22 and 12.33, and repealing portions of Section 12.24, of Chapter 1 of the Los Angeles Municipal Code for the purpose of regulating Accessory Dwelling Units and Junior Accessory Dwelling Units in accordance with State law.
THE PEOPLE OF THE CITY OF LOS ANGELES
DO ORDAIN AS FOLLOWS:

Section. 1. The following definitions are added to Section 12.03 of the Los Angeles Municipal Code in proper alphabetical order as follows:
ACCESSORY DWELLING UNIT (ADU). 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 residence. 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. ADUs include efficiency units as defined in Section 17958.1 of the Health and Safety Code, manufactured homes as defined in Section 18007 of the Health and Safety Code, and Movable Tiny Houses.
JUNIOR ACCESSORY DWELLING UNIT (JADU). 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,
MOVABLE TINY HOUSE. An enclosed space intended for separate, independent living quarters of one Family as defined in Section 12.03 of this Code and that meets all of the following:
(a) is licensed and registered with the California Department of Motor Vehicles;
(b) Meets the American National Standards Institute ( ANSI) 5 requirements of the National Fire Protection Association ( NFPA ) 1192 standards and is certified for ANSI or NFPA compliance
(c) Cannot move under it’s own power;
( d ) Is no larger than allowed by California State Law for movement on public highways; and
(e) Is no smaller than 150 and no larger than 430 square feet as measured within the exterior faces of the exterior walls.

Sec. 2. A new Subdivision 33 is added to Subsection A of Section 12.22 of the Los Angeles Municipal Code to read as follows:
is no smaller than 150 and no larger than 430 square feet as measured within the exterior faces of the exterior walls.
Sec. 2. A new Subdivision 33 is added to Subsection A of Section 12.22 of the Los Angeles Municipal Code to read as follows:

33. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU).
( a) Purpose. The purpose of this subdivision is to provide for the creation of ADUs and JADUS consistent with California Government Code Sections 65852.2 and 65852.22, as amended from time to time.
( b) Applicability. The following development standards shall apply:
(1) A detached ADU shall be approved if in compliance with all of the provisions provided in Paragraphs (c) and (d).
(2) An attached ADU shall be approved if in compliance with all of the provisions provided in Paragraphs (c) and (e).
(3) A Movable Tiny House (MTH) shall be approved if in compliance with all of the provisions in Paragraph (c), except for those provisions in
Paragraph (c) which apply solely to buildings and structures; and all of the provisions in Paragraph (f).
A JADU shall be approved if in compliance with all of the provisions provided in Sections 65852.2(e)(1)(A) and 65852.22 of the Government Code.
(5) An ADU described by Section 65852.2(e)(1)(A) or (C) of the Government Code shall be approved if in compliance with all of the applicable provisions in Section 65852.2(e) of the Government Code.
(6) An ADU described by Section 65852.2(e)(1)(B) or (D) of the Government Code shall be approved if in compliance with all of the applicable provisions in Section 65852.2(e) of the Government Code; and all of the applicable provisions of Paragraphs (c), (d) and (e) of this subdivision, except for those provisions which do not allow such an ADU otherwise in compliance with all applicable provisions in Section 65852.2(e) of the Government Code; and all of the provisions provided in Paragraph (g).
( c) Develop Standards.
(1) Comply with all applicable objective provisions required pursuant to Chapter 1 of this Code, including provisions stated in the underlying applicable zone and height district, Specific Plan, Historic Preservation Overlay Zone, Community Planning Implementation Overlay
and other applicable zoning ordinances, policies or other documents established pursuant to Chapter 1, Article 3 of this Code. In any instance where there is conflict, this subdivision shall govern. Notwithstanding the prior two sentences and notwithstanding anything to the contrary in this Subdivision 33:
No minimum lot size requirement shall apply to an ADU
(ii) No minimum square footage requirement for either an attached or detached ADU shall apply that prohibits an efficiency unit;
(ii) No other minimum or maximum size for an ADU, including size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, shall apply for either attached or detached dwellings that does not permit at least an 800 square foot ADU that is at least 16 feet in height with 4-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
2) An ADU which complies with this subdivision shall not require a discretionary planning approval. The ADU project shall be reviewed in a ministerial and administrative manner, limited to only considering the project’s compliance with the applicable objective standards. An application to create an ADU shall be acted upon within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an ADU unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU until the City acts on the permit application to create the new single-family dwelling. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
(3) Except where otherwise prohibited by this subdivision, an ADU is permitted in all zones where residential uses are permitted by right.
(4) NO ADU is permitted on any lot that is located in both a Very High Fire Hazard Severity Zone designated by the City of Los Angeles Fire
Department pursuant to Government Code Section 51178 and a Hillside Area as defined by the Hillside Area Map pursuant to Section 12.03 of this Code, unless it meets one of the following exceptions:
The ADU is located within the boundaries of either the Northeast Los Angeles Community Plan Area or the Silver Lake – Echo Park –Elysian Valley Community Plan Area; or
(ii) The ADU complies with all of the following requirements:
( a) Notwithstanding Subparagraph (C) (10) below, the ADU is protected throughout with an approved automatic fire sprinkler system, in compliance with the Los Angeles Plumbing Code;
(b) Notwithstanding Subparagraph (C)(12) below, one off-street parking space is provided for the ADU; and
( c)  The ADU is located on a lot fronting on a street that is improved with a roadway width of 20 feet or more in unobstructed width, as measured along the entire frontage of the subject property, after any associated dedication and improvement. In the event the ADU is located on a Through Lot or a Corner Lot, the lot must front on at least one street that is improved with a roadway width of 20 feet or more in unobstructed width after any associated dedication and improvement.
(5) Except as otherwise permitted by this subdivision, only one ADU is permitted per lot.
(6) An ADU may only be created on a lot that contains a or existing dwelling. Other non-residential uses and accessory residential uses may be permitted on the lot, consistent with the uses permitted by the zone.
(7) No passageway for an ADU, nor space between buildings, as per LAMC 12.21.C.2 and LAMC 12.21 C.5(d), is required in conjunction with the construction of an ADU. Building Code separation requirements still apply.
(8) No additional setbacks 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, converted to an ADU or portion of an ADU. A setback of no more than 4 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.
(9) ADUs are required to comply with all applicable Building and Residential Codes for the proposed use.
ADUs are not required to provide fire sprinklers if they are not required for the primary residence.
(11) ADUs located where a private sewage disposal system is being used, shall require approval by the local health officer.
(12) Parking Requirements:
(1) ADU Parking. One parking space is required for an ADU, except that no parking is required for an ADU that is:
( a ) Located within one-half mile walking distance of a public transit. For this purpose, 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; or
(b) Located within one block of a designated pick up and drop-off location of a car share vehicle; or
( c)  Located in an architecturally and historically significant district listed in or formally determined eligible for listing in the National Register of
Historic Places or California Register of Historical Resources or located in any City Historic Preservation Overlay Zone; or
( d) Part of the proposed or existing primary residence or an accessory structure.
ADU Parking Location. ADU parking is allowed in any yard area or passageway. When located in a required front yard, the parking must be located on an existing driveway. Parking may be provided through tandem parking where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. Driveway access areas located in the required front yard shall not be expanded to provide required parking. Other objective parking and driveway standards in the LAMC apply, including those found in Sections 12.21 A.5 and 12.21 A.6. However, Section 12.21 A.6(d) of this Code shall not apply to parking required for an ADU.
Replacement Parking. No replacement parking shall be required when a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU.
Detached Accessory Dwelling Unit Requirements. Detached ADUS, except those described in Paragraph (0), below, must comply with all provisions of Paragraph (c) and all of the following provisions provided in this Paragraph (d). In addition, Detached ADUS must comply with all applicable provisions of Section 12.21 C.5 that are not in conflict with these Paragraphs (C) and (d).
( 1) The Floor Area for a detached ADU shall not exceed 1,200 square feet. Limits on Floor Area on a lot apply separately and may further limit allowable Detached ADU square footage, except as otherwise provided by this Subdivision 33.
( 2) Structures containing a detached ADU shall not be greater than two stories.
(3) Detached ADUs shall not be located between a proposed or existing dwelling unit and the street adjoining the front yard, except in the following cases:
(1) Where the ADU is on a Through Lot and complies with LAMC Section 12.21 C.5(k); or
(ii) Where the ADU is being added to a lawfully existing garage or accessory structure building.
(e) Attached Accessory Dwelling Unit Requirements. Attached ADUs can be either attached to or completely contained within an existing or proposed dwelling, and must comply with all provisions in Paragraph (c) and all of the following provisions in this paragraph (e):
( 1) If there is an existing primary dwelling, the Floor Area of an attached ADU may not may not exceed 50 percent of the existing primary dwelling.
( 2) Limits on Floor Area on a lot apply separately and may further limit allowable attached ADU square footage, except as otherwise provided by this Subdivision 33.

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