Accessory Dwelling Units

Summary

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.

The State has identified Accessory Dwelling Units (ADUs) as an important tool to create more affordable housing amidst California’s housing crisis and has passed several laws to make it easier to build ADUs. The City is processing an ordinance to be consistent with the State laws, and needs community input to ensure the regulations reflect Malibu’s needs and characteristics. 

Documents

Background

Since 2016, the State of California has adopted and regularly updated laws to promote the development of ADUs and Junior ADUs (JADUs) as a way to increase housing opportunities. These regulations are intended to reduce the regulatory, physical, and financial barriers to constructing ADUs, which were seen as an opportunity for providing affordable housing. State law establishes minimum standards that apply statewide. Local agencies may adopt objective ADU regulations that are consistent with state law and do not unreasonably restrict ADU or JADU development.

State ADU law has continued to evolve through additional legislation adopted between 2020 and 2026. These updates include requirements for objective review, limits on local development standards that would preclude ADU construction, defined permit processing timelines, removal of owner-occupancy requirements for ADUs, expanded allowances on multifamily properties, and streamlined processing for pre-approved plans and certain unpermitted units. The City’s ADU regulations are codified in MMC 17.44 and LIP Section 3.6(N)(1) (Second Units).

The City of Malibu is entirely within the California Coastal Zone and has a certified Local Coastal Program (LCP) that governs new development, including ADUs and JADUs. ADU projects in Malibu must comply with both state ADU law and applicable Coastal Act and LCP requirements.

Timeline

June 22, 2026 - The City Council adopted Ordinance No. 535, approving an amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) approving Zoning Text Amendment (ZTA) No. 25-003 to update Accessory Dwelling Unit (ADU) regulations and determining the amendments are exempt from the California Environmental Quality Act (CEQA).

June 8, 2026  — The City Council will consider a revised amendment incorporating new state law and clarifications to Title 17 (Zoning) of the Malibu Municipal Code to update regulations related to Accessory Dwelling Units and make a recommendation to the City Council. (Meeting Video / Staff Report)

The proposed ordinance was previously reviewed by the Planning Commission on August 18, 2025, January 20, 2026, and April 20, 2026, during which the Commission provided recommendations to the City Council. The proposed ordinance implements recommendations provided by the California Department of Housing and Community Development (HCD), updates to MMC Chapter 17.44 reflecting the latest State ADU/Junior ADU statutes, and adds a local provision related to reduced setbacks for fire rebuild ADUs located on beachfront parcels. 

April 20, 2026  — The Planning Commission adopted Resolution No. 26-16 recommending that the City Council approve, as amended, revised Zoning Text Amendment No. 25-003 (Accessory Dwelling Units) to include a reduced setback provision for fire rebuild ADUs located on beachfront parcels. (Meeting Video / Staff Report)

January 20, 2026 — Planning Commission adopted Resolution No. 26-03 recommending that the City Council approve, as amended, revised Zoning Text Amendment No. 25-003 (Accessory Dwelling Units). (Meeting Video / Staff Report)

August 18, 2025 — Planning Commission adopted Resolution No. 25-65 recommending that the City Council approve Zone Text Amendment No. 25-003 (Accessory Dwelling Units). (Meeting Video / Staff Report)

November 13, 2024 — HCD issued a comment letter identifying provisions of Ordinance 511 did not meet State ADU law. 

March 19, 2024 — California Coastal Commission issued a comment letter on Local Coastal Program Amendment No. 18-002 (Accessory Dwelling Units) requesting additional information.

February 16, 2024 — City submitted Local Coastal Program Amendment No. 18-002 (Accessory Dwelling Unit) to the CCC, including:

COMMUNITY MEETINGS & PUBLIC INPUT