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Artesia City Zoning Code

ARTICLE 45

Accessory Dwelling Units

§ 9-2.4501 Purpose.

The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
(Ord. 20-893, § 9; Ord. 22-933U, § 3; Ord. 23-939, § 4; Ord. 24-962U, 11/18/2024; Ord. 25-963, 4/14/2025; Ord. 25-973, 8/11/2025)

§ 9-2.4502 Effect of Conforming.

An ADU or JADU that conforms to the standards in this section will not be:
(a) 
Deemed to be inconsistent with the City's General Plan and zoning designation for the lot on which the ADU or JADU is located.
(b) 
Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(c) 
Considered in the application of any local ordinance, policy, or program to limit residential growth.
(d) 
Required to correct a nonconforming zoning condition, as defined in Section 9-2.4503. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
(Ord. 20-893, § 9; Ord. 22-933U, § 3; Ord. 23-939, § 4; Ord. 24-962U, 11/18/2024; Ord. 25-963, 4/14/2025; Ord. 25-973, 8/11/2025)

§ 9-2.4503 Definitions.

As used in this article, terms are defined as follows:
"Accessory dwelling unit or ADU"
means an attached or a 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. An accessory dwelling unit also includes the following:
(1) 
An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
(2) 
A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
"Accessory structure"
means a structure that is accessory and incidental to a dwelling located on the same lot.
"Complete independent living facilities"
means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.
"Efficiency kitchen"
means a kitchen that includes all of the following:
(1) 
A cooking facility with appliances.
(2) 
A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Junior accessory dwelling unit or JADU"
means a residential unit that satisfies all of the following:
(1) 
It is no more than 500 square feet in size.
(2) 
It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
(3) 
It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
(4) 
If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(5) 
It includes an efficiency kitchen, as defined above.
"Livable space"
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area"
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
"Nonconforming zoning condition"
means a physical improvement on a property that does not conform with current zoning standards.
"Passageway"
means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
"Proposed dwelling"
means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
"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.
(Ord. 20-893, § 9; Ord. 22-933U, § 3; Ord. 23-939, § 4; Ord. 24-962U, 11/18/2024; Ord. 25-963, 4/14/2025; Ord. 25-973, 8/11/2025)

§ 9-2.4504 Approvals.

The following approvals apply to ADUs and JADUs under this section:
(a) 
Building-Permit Only. If an ADU or JADU complies with each of the general requirements in Section 9-2.4505, it is allowed with only a building permit in the following scenarios:
(1) 
Converted on Single-Family Lot. One ADU and one JADU on a lot with a proposed on existing single-family dwelling on it, where the ADU or JADU:
(i) 
Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
(ii) 
Has exterior access that is independent of that for the single-family dwelling; and
(iii) 
Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) 
The JADU complies with the requirements of Government Code Sections 66333 through 66339.
(2) 
Limited Detached on Single-Family Lot. One detached, new construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Subsection (a)(1)(i) above), if the detached ADU satisfies each of the following limitations:
(i) 
The side- and rear-yard setbacks are at least four feet.
(ii) 
The total floor area is 800 square feet or smaller.
(iii) 
The peak height above grade does not exceed the applicable height limit in Section 9-2.4505(b) below.
(3) 
Converted on Multi-Family Lot. One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with State building standards for dwellings. Under this subsection, at least one converted ADU is allowed within an existing multi-family dwelling, up to a quantity equal to 25% of the existing multi-family dwelling units.
(4) 
Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) 
The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
(ii) 
The peak height above grade does not exceed the applicable height limit provided in Section 9-2.4505(b).
(iii) 
If the lot has an existing multi-family dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
(b) 
ADU Permit.
(1) 
Except as allowed under Subsection (a) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Sections 9-2.4505 and 9-2.4506.
(2) 
The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU permit processing fee is determined by the Director of Community Development and approved by the City Council by resolution.
(c) 
Process and Timing.
(1) 
An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(2) 
The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(i) 
The applicant requests a delay, in which case the 60 day time period is tolled for the period of the requested delay; or
(ii) 
When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
(3) 
If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60 day time period established by Subsection (c)(2) above.
(4) 
A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
(Ord. 20-893, § 9; Ord. 22-933U, § 3; Ord. 23-939, § 4; Ord. 24-962U, 11/18/2024; Ord. 25-963, 4/14/2025; Ord. 25-973, 8/11/2025)

§ 9-2.4505 General ADU and JADU Requirements.

The following requirements apply to all ADUs and JADUs that are approved under Section 9-2.4504(a) or (b):
(a) 
Zoning.
(1) 
An ADU subject only to a building permit under Section 9-2.4504(a) may be created on a lot in a Residential or Mixed-Use Zone.
(2) 
An ADU or JADU subject to an ADU permit under Section 9-2.4504(b) may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use.
(3) 
In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(b) 
Height.
(1) 
Except as otherwise provided by the subsections below, a detached ADU created on a lot with an existing or proposed single-family or multi-family dwelling unit may not exceed 16 feet in height.
(2) 
A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multi-family dwelling unit that is located within 1/2 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, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(3) 
A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height.
(4) 
An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this Subsection (b) may not exceed two stories.
(5) 
For purposes of this Subsection (b), height is measured above existing legal grade to the peak of the structure.
(c) 
Fire Sprinklers.
(1) 
Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(2) 
The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(d) 
Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
(e) 
No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).
(f) 
Septic System. If the ADU or JADU will connect to an on-site wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(g) 
Owner Occupancy. As required by State law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this Subsection (g) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(h) 
Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director of Community Development. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(1) 
The JADU may not be sold separately from the primary dwelling.
(2) 
The JADU is restricted to the approved size and to other attributes allowed by this section.
(3) 
The deed restriction runs with the land and may be enforced against future property owners.
(4) 
The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(5) 
The deed restriction is enforceable by the Director or designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
(i) 
Building and Safety.
(1) 
Must Comply with Building Code. Subject to this Subsection (i), all ADUs and JADUs must comply with all local Building Code requirements.
(2) 
No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local Building Code, as described in Section 310 of the California Building Code, unless the Building Official or Plan Check Engineer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this Subsection (i) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(Ord. 20-893, § 9; Ord. 20-909, § 4; Ord. 22-933U, § 3; Ord. 23-939, § 4; Ord. 24-962U, 11/18/2024; Ord. 25-963, 4/14/2025; Ord. 25-973, 8/11/2025)

§ 9-2.4506 Specific ADU Requirements.

The following requirements apply only to ADUs that require an ADU permit under Section 9-4.4504.
(a) 
Maximum Size.
(1) 
The maximum size of a detached or attached ADU subject to this subsection is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
(2) 
An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling.
(3) 
Application of other development standards in this subsection, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection or of an FAR, front setback, lot coverage limit, or open space requirement may require the ADU to be less than 800 square feet.
(b) 
Setbacks.
(1) 
An ADU that is subject to Section 9-2.4506 must conform to a 25 foot front-yard setback, subject to Subsection (a)(3).
(2) 
An ADU that is subject to this section must conform to four foot side- and rear-yard setbacks.
(3) 
No setback is required for an ADU that is subject to Section 9-2.4506 if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(c) 
Lot Coverage. No ADU subject to Section 9-2.4506 may cause the total lot coverage of the lot to exceed 50%, subject to Subsection (a)(3) above.
(d) 
Minimum Open Space. No ADU subject to this Section 9-2.4506 may cause the total percentage of open space of the lot to fall below 50%, subject to Subsection (a)(3) above.
(e) 
Passageway. No passageway, as defined by Section 9-2.4503, is required for an ADU.
(f) 
Parking.
(1) 
No Parking Required. California Government Code Section 66322 prohibits the City from requiring an off-street parking space for an ADU that is located within 1/2 mile walking distance of public transit. All lots in the City that are eligible for the creation of an ADU subject to this section are located within 1/2 mile walking distance of public transit. Consequently, no off-street parking is required for an ADU subject to this subsection.
(2) 
No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(g) 
Architectural Requirements.
(1) 
The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
(2) 
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.
(3) 
The exterior lighting must be limited to down-lights or as otherwise required by the Building or Fire Code.
(4) 
The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(5) 
The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
(6) 
No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
(7) 
All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilized frosted or obscure glass.
(h) 
Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(1) 
At least one 15 gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24 inch box size plant shall be provided for every 10 linear feet of exterior wall.
(2) 
Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.
(3) 
All landscaping must be drought-tolerant.
(i) 
Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(Ord. 20-893, § 9; Ord. 20-909, § 5; Ord. 22-933U, § 3; Ord. 23-939, § 4; Ord. 24-962U, 11/18/2024; Ord. 25-963, 4/14/2025; Ord. 25-973, 8/11/2025)

§ 9-2.4507 Fees.

(a) 
Impact Fees.
(1) 
No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
(2) 
Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).
(b) 
Utility Fees.
(1) 
If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(2) 
Except as described in Subsection (b)(1), converted ADUs on a single-family lot that are created under Section 9-2.4504(a)(1) are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
(3) 
Except as described in Subsection (b)(1), all ADUs that are not covered by Subsection (b)(2) require a new, separate utility connection directly between the ADU and the utility.
(i) 
The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) 
The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
(Ord. 20-893, § 9; Ord. 22-933U, § 3; Ord. 23-939, § 4; Ord. 25-973, 8/11/2025)

§ 9-2.4508 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

(a) 
Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(b) 
Unpermitted ADUs and JADUs constructed before 2020.
(1) 
Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
(i) 
The ADU or JADU violates applicable building standards, or
(ii) 
The ADU or JADU does not comply with State ADU or JADU law or this ADU ordinance (Section 9-2.4501 et seq.).
(2) 
Exceptions.
(i) 
Notwithstanding Subsection (b)(1), the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.
(ii) 
Subsection (b)(1) does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.
(Ord. 20-893, § 9; Ord. 22-933U, § 3; Ord. 23-939, § 4; Ord. 24-962U, 11/18/2024; Ord. 25-963, 4/14/2025; Ord. 25-973, 8/11/2025)