City Of Industry City Zoning Code
CHAPTER 17
80 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
§ 17.80.010 Intent and purpose.
The purpose of this chapter is to provide a procedure for permitting accessory dwelling units and junior accessory dwelling units, consistent with the provisions of California Government Code Sections 65852.2 and 65852.22.
(Ord. 829, 3/28/2024)
§ 17.80.020 Applications and processing.
A.
Applications to create or serve a junior accessory dwelling unit or an accessory dwelling unit shall be ministerially processed and either approved or denied without discretionary review or a hearing within sixty days of receipt of a complete application. If the application is denied, the city will provide, within the sixty-day review period, a complete list of the application's deficiencies and describe how the applicant can remedy the application.
B.
Notwithstanding subsection A above, if the application is submitted with an application to create a single-family dwelling or multifamily dwelling on the parcel, the application for the junior accessory dwelling unit or accessory dwelling unit shall not be acted upon until the application for the new single-family dwelling or multifamily dwelling is approved or denied. Once the application for the new single-family dwelling or multifamily dwelling has been approved or denied, the application for the junior accessory dwelling unit or accessory dwelling unit shall be ministerially processed and either approved or denied within sixty days. Occupancy of the junior accessory dwelling unit or accessory dwelling unit shall not be allowed until the city approves occupancy of the primary dwelling unit.
C.
The city shall grant a delay in processing the permit application if requested by the applicant, in which case the sixty-day period is tolled for the period of the requested delay.
D.
If the applicant applies for a demolition permit to demolish a detached garage and a building permit to construct a detached accessory dwelling unit, the demolition permit and building permit for the detached accessory dwelling unit will be issued at the same time.
E.
An application for an accessory dwelling unit or junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the proposed dwelling.
(Ord. 829, 3/28/2024)
§ 17.80.030 General requirements.
A.
Zoning. Accessory dwelling units are allowed on parcels zoned to allow single-family dwellings or multifamily dwellings, including mixed-use zones. Junior accessory dwelling units are allowed on parcels located in single-family residential zones and are not permitted on a property with a multifamily dwelling.
B.
Single-Family Dwellings. The following may be permitted on a parcel with an existing or proposed single family dwelling:
C.
Multifamily Dwellings. One accessory dwelling unit that meets the standards of Section 17.80.040, below, shall be permitted on a parcel with an existing or proposed multifamily dwelling.
D.
Exempt Accessory Dwelling Units and Junior Accessory Dwelling Units. Accessory dwelling units permitted under this subsection D are exempt from the development and design standards provided in Section 17.80.040, below. If an accessory dwelling unit or junior accessory dwelling unit does not exist on a parcel, if an accessory dwelling unit or junior accessory dwelling unit is not proposed on a parcel pursuant to subsection B or C, above, or if an accessory dwelling unit or junior accessory dwelling exists on a parcel but the development of an additional accessory dwelling unit or of a junior accessory dwelling unit would not exceed the what is allowed under this subsection D, an application for a building permit within a residential or mixed-use zone shall be ministerially approved to create any of the following:
1.
Not more than one accessory dwelling unit and one junior accessory dwelling unit per parcel with a proposed or existing single-family dwelling if all of the following apply:
a.
The accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b.
The space has exterior access from the proposed or existing single-family dwelling.
c.
The side and rear setbacks are sufficient for fire and safety.
2.
Not more than one detached, new construction accessory dwelling unit and one junior accessory dwelling unit per parcel with a proposed or existing single-family dwelling if all of the following apply:
a.
The side and rear yard setbacks are not less than four feet;
b.
The accessory dwelling unit does not exceed eight hundred square feet in floor area; and
c.
The accessory dwelling unit does not exceed the height limitation as provided in Section 17.80.040(F); and
3.
Multiple accessory dwelling units within the portions of existing multifamily 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 accessory dwelling unit complies with state building standards for dwellings. The city shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to the number equivalent to twenty-five percent of the existing multifamily dwelling units.
4.
Not more than two accessory dwelling units that are located on a parcel that has an existing or proposed multifamily dwelling if the accessory dwelling units are detached from that multifamily dwelling, do not exceed the allowed height pursuant to Section 17.80.040(F), and have rear yard and side setbacks of no more than four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph.
E.
Sale and Rental of Accessory Dwelling Units and Junior Accessory Dwelling Units.
1.
Neither accessory dwelling units nor junior accessory dwelling units may be sold separately from the primary dwelling unit. However, an accessory dwelling unit may be owned by multiple owners as tenants in common if the single-family dwelling and accessory dwelling unit were developed by a qualified nonprofit, as that term is defined in and pursuant to Government Code Section 65852.26 and the transaction meets the requirements of Government Code Section 65852.26.
2.
Junior accessory dwelling units and accessory dwelling units may be rented independently of the primary dwelling unit. However, neither the junior accessory dwelling unit nor the accessory dwelling unit may be used for short-term residential rentals of less than thirty consecutive days.
F.
Building Code Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with all applicable building code requirements. Notwithstanding this requirement:
1.
Fire sprinklers are not required in an accessory dwelling unit if they are not required for the single-family dwelling or multifamily dwelling. Fire sprinklers cannot be required for an existing single-family dwelling or multifamily dwelling as a condition of the construction of an accessory dwelling unit; and
2.
The new construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety or the accessory dwelling unit is converted from unhabitable or nonresidential space.
G.
A certificate of occupancy for an accessory dwelling unit shall not be issued before the city issues a certificate of occupancy for the primary dwelling.
H.
Covenants. Prior to issuance of a building permit for an accessory dwelling unit, the owner of the parcel shall record a covenant with the Los Angeles County recorder in a form prescribed by the city, which shall run with the land and provide for the following:
(Ord. 829, 3/28/2024)
§ 17.80.040 Development and design standards-Accessory dwelling units.
A.
The accessory dwelling unit shall comply with the requirements of the underlying zoning district and all other municipal code provisions unless:
1.
The requirements are inconsistent with the provisions of this chapter, in which case the standards of this chapter shall apply; or
2.
The application is to legalize an unpermitted accessory dwelling unit that was constructed prior to January 1, 2018, even if the accessory dwelling unit is nonconforming with local zoning, Government Code Section 65852.2, or California and local building code requirements. The city can deny the application for an unpermitted accessory dwelling as described in this subsection (A)(2) if the city makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. The section shall not apply to a building that is deemed substandard pursuant to Health and Safety Code Section 17920.3; or
3.
Limits on size based on a percentage of the proposed or existing primary dwelling, parcel coverage, floor area ratio, front setback, open space, and size shall permit or shall be waived to allow a detached or attached accessory dwelling unit up to eight hundred square feet in size with four-foot side and rear yards, if the proposed accessory dwelling unit is in compliance with all other development standards.
B.
Entrance. The entrance into an accessory dwelling unit shall be separate from the entrance into a single-family dwelling and separate from the entrances into the other dwelling units in a multifamily dwelling, as applicable.
C.
Parking.
1.
The number of off-street parking spaces required for an accessory dwelling unit is equivalent to the lesser of one per accessory dwelling unit or one per bedroom. The parking may be provided as tandem parking on a driveway. The parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Parking is not required for an accessory dwelling unit in any of the following instances:
a.
Where the accessory dwelling unit is located within one-half mile walking distance of public transit;
b.
Where the accessory dwelling unit is located within an architecturally and historically significant historic district;
c.
Where the accessory dwelling unit is part of the proposed or existing primary dwelling or any accessory structure;
d.
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit;
e.
Where the accessory dwelling unit is located within one block of a car share vehicle pickup location;
f.
When an application for an accessory dwelling unit is submitted with an application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph.
2.
If a parking structure is demolished in connection with the construction of an accessory dwelling unit or if a parking structure is converted to an accessory dwelling unit, the off-street parking that was provided in the parking structure is not required to be replaced.
D.
Size.
1.
Maximum Size. The floor area of a new construction attached or detached accessory dwelling unit may not exceed the lesser of fifty percent of the floor area of the primary dwelling or eight hundred fifty square feet for a studio or one bedroom and one thousand square feet for an accessory dwelling unit that contains more than one bedroom. The limitation based on size of the primary dwelling shall not apply if the accessory dwelling unit is eight hundred square feet or less.
2.
Minimum Size. No accessory dwelling unit may be smaller than an efficiency unit.
E.
Setbacks. Except as specified below, an accessory dwelling unit is required to comply with the setback requirements of the zone in which the unit is to be located.
1.
No setback is required for an existing living area or an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as an existing structure.
2.
For all other accessory dwelling units, a setback of four feet is required from the rear and side property lines.
F.
Height.
1.
Attached Accessory Dwelling Unit. The height of an attached accessory dwelling unit may not exceed twenty-five feet or the height limitation that applies to the single-family or multifamily dwelling, whichever is lower. The accessory dwelling unit may not exceed two stories.
2.
Detached Accessory Dwelling Unit. The height of a detached accessory dwelling unit may not exceed:
a.
Sixteen feet on a parcel with an existing or proposed single-family dwelling or multifamily dwelling;
b.
Eighteen feet on a parcel with an existing or proposed single-family dwelling or multifamily dwelling if the parcel is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit;
c.
Eighteen feet on a parcel with an existing or proposed multifamily, multistory dwelling.
G.
Detached accessory dwelling units larger than eight hundred square feet or any attached accessory dwelling units shall match the architectural design of the primary dwelling unit, including, but not limited to, finish materials, textures and colors, decorative façade treatment such as stone veneer and shutters, roof style and pitch, and scale and form.
(Ord. 829, 3/28/2024)
§ 17.80.050 Development and design standards-Junior accessory dwelling units.
A.
The junior accessory dwelling unit shall comply with the requirements of this Section 17.80.050.
1.
Number of Junior Accessory Dwelling Units. The number of junior accessory dwelling units is limited to one per parcel zoned for single-family dwellings with a single-family dwelling built, or proposed to be built, on the parcel.
2.
Owner-Occupancy. The owner of the single-family dwelling in which the junior accessory dwelling unit will be permitted shall reside in either the single-family dwelling or the junior accessory dwelling unit. Owner-occupancy is not required if the owner is another governmental agency, land trust, or housing organization.
3.
Deed Restriction. Prior to issuance of a building permit for a junior accessory dwelling unit, the owner of the parcel shall record a deed restriction with the Los Angeles County recorder in a form prescribed by the city, which shall run with the land, and provide for the following:
a.
A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers;
b.
A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section;
c.
A restriction on renting the junior accessory dwelling unit for fewer than thirty consecutive calendar days; and
d.
A requirement that either the single-family dwelling or the junior accessory dwelling unit be the owner's bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.
4.
Location. The junior accessory dwelling unit shall be constructed within the walls of the proposed or existing single-family dwelling. For purposes of this paragraph, enclosed uses within the dwelling, such as attached garages, are considered a part of the proposed or existing single-family dwelling.
5.
Entrance. A junior accessory dwelling unit shall have a separate entrance from the single-family dwelling.
6.
Sanitation Facilities. A junior accessory dwelling unit shall include a separate entrance from the main entrance to the proposed or existing single-family dwelling. If a permitted junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall also have direct access to the main living area of the single-family dwelling so as not to need to go outside to access the bathroom.
7.
Kitchen. A junior accessory dwelling shall contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.
B.
Replacement Parking. If a junior accessory dwelling unit is constructed in an attached garage, the applicant shall replace the off-street parking for the single-family dwelling.
(Ord. 829, 3/28/2024)
§ 17.80.060 Utilities and impact fees.
A.
An accessory dwelling unit is not considered by the city to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. However, these provisions do not apply to accessory dwelling units that are constructed concurrently with a new single-family home.
B.
The city shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more will be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this subsection, "impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
C.
All new utility extensions shall be placed underground.
D.
If an accessory dwelling unit will connect to an on-site wastewater treatment system, the application shall include a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.
(Ord. 829, 3/28/2024)