ADUs in Coastal Zone may be OK’d administratively
The policies that city staff will follow when it comes to approving and permitting fire rebuilds quickly in the wake of the Palisades Fire are starting to emerge. One significant policy change is how the city and Coastal Commission will handle new Accessory Dwelling Units.
Earlier this week, Planning issued a Fact Sheet on how it will process fire rebuild projects in the Coastal Zone. The biggest change is that in some cases, the city will approve administratively a new ADU on a project site without requiring a full Coastal Development Permit.
This is significant. In recent years, the CDP process in the city’s Coastal Zone has taken 12-15 months, cost applicants tens of thousands of dollars and required at least one public hearing. Administrative approvals take just a few weeks and cost only a few thousand dollars in city fees.
The Planning Department cites executive orders issued by Gov. Newsom and Mayor Bass as giving eligible fire rebuild applicants the right to have new ADUs approved administratively.
For property owners in the city’s Single Permit Jurisdiction Area of the Coastal Zone, an ADU for an eligible rebuild can be approved via a Coastal Exemption. For properties in the city’s Dual Permit Jurisdiction Area, applicants must apply to the Coastal Commission for the exemption. Don’t know your Coastal area? Here are maps.
Not all ADU applications are eligible for this expedited approval process. Most significantly, the project must be an eligible fire rebuild, meaning that the existing structure(s) on the lot must have been destroyed in the Palisades Fire and the proposed rebuild doesn’t exceed 110% of the previously permitted structure(s) in floor area, height and “bulk.”
Applicants can apply for an ADU of up to 800 sq. ft. and 16 feet in height per state law, even if that exceeds the 110% threshold. For those property owners who want a larger ADU (as allowed by city code), the ADU must fit within 110% allowed or it will be permitted via the traditional process (CDP, year-plus processing time, etc.).
It must be noted that this new policy only guarantees an expedited review of a proposed ADU, not automatic approval. For example, an ADU that requires extensive grading or slope stabilization my be rejected in an administrative review because of conflicts with Coastal Act regulations regarding the same.
What about eligible rebuilds that are not in the Coastal Zone? The department’s Fact Sheet is specific to the Coastal Zone. Presumably, non-Coastal property owners who propose ADUs that fit within the 110% threshold or can be approved via state law will be able to obtain approvals for ADUs during the rebuild permitting process as well. No official word yet, however.
This new Fact Sheet does have some fine print that also needs to be pointed out: As this is an evolving situation, additional Orders and guidance may be released in the days and weeks ahead that may influence the rebuilding process.
