Covina City Zoning Code
CHAPTER 17
69 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
§ 17.69.010 Intent.
This chapter is intended to implement the requirements of California Government Code Sections 65852.2 regarding accessory dwelling units (ADUs) and 65852.22 regarding junior accessory dwelling units (JADUs). In the event of a conflict between the Government Code, as it may be amended from time to time, and this chapter, the Government Code shall prevail. In the event of a conflict between this chapter and another provision of this code, this chapter shall prevail.
(Ord. 22-06 § 5, 2022; Ord. 20-10 § 9, 2020; Ord. 19-07 § 35, 2019)
§ 17.69.015 Definitions.
The following words shall have the meanings set forth below, unless the context otherwise permits or requires:
A. "Accessory dwelling unit" or "ADU"
has the meaning ascribed in Government Code Section 65852.2, as the same may be amended from time to time.
B. "Attached ADU"
means an ADU that is constructed as a physical expansion (i.e., addition) of the primary dwelling and shares a common wall with the primary dwelling.
C. "Detached ADU"
means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling.
D. "Existing structure"
means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the city, and other applicable law.
E. "Junior accessory dwelling unit" or "JADU"
has the meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time.
F. "Primary dwelling"
means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU would be located.
G. "Public transit"
has the meaning ascribed in Government Code Section 65852.2(j), as the same may be amended from time to time.
H. "Tandem parking"
means two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another.
(Ord. 22-06 § 5, 2022)
§ 17.69.020 Application and approval process.
A.
An application for an accessory dwelling unit or junior accessory dwelling unit shall be considered ministerial, without discretionary review or a hearing, within 60 days after receiving a complete application. Certain accessory dwelling units are reviewed through a ministerial building permit only process and shall be subject only to the standards in CMC § 17.69.030 (see subsection (D) of this section), whereas other accessory dwelling units are subject to a ministerial planning ADU review and subject to the standards in CMC § 17.69.030 and the local standards in CMC § 17.69.040 (see subsection (E) of this section). Junior accessory dwelling units shall be reviewed through a ministerial building permit only process and shall be subject only to the standards in CMC § 17.69.050 (see subsection (D) of this section).
B.
If an accessory dwelling unit is being proposed as part of a newly proposed accessory structure, the application for the accessory dwelling unit may be considered separate from, and after, the application for the accessory structure.
C.
The lot shall contain an existing primary unit at the time an application for an accessory dwelling unit or junior accessory dwelling unit is submitted, or the application for the accessory dwelling unit or junior accessory dwelling unit may be made in conjunction with the development of the primary unit. Where the applicant needs a discretionary approval for the primary dwelling unit, commencement of the 60-day review period shall commence upon the approval of the primary dwelling unit. However, the city may choose to process the accessory dwelling unit/junior accessory dwelling unit and the primary dwelling unit concurrently, so long as the application for the accessory dwelling unit/junior accessory dwelling unit is approved within 60 days after the approval of the primary structure and the primary structure is issued building permits prior to or concurrent with the accessory dwelling unit/junior accessory dwelling unit.
D.
The director of community development, or designee, shall approve an application for the following accessory dwelling units and junior accessory dwelling units in a streamlined building permit only process, so long as the proposed ADU complies with the requirements of CMC § 17.69.030:
1.
Accessory Dwelling Units on Single-Family Lots (Conversions and Simultaneous Proposals). One accessory dwelling unit within the space of an existing or proposed single-family dwelling or a detached accessory dwelling unit in an existing accessory structure. The accessory dwelling unit may expand the space of the existing accessory structure by up to 150 square feet beyond the physical dimensions of the accessory structure to allow for ingress and egress. Rear and side yard setbacks must be sufficient for fire and safety. The accessory dwelling unit must have exterior access separate from the proposed or existing single-family dwelling. An ADU allowed under this subparagraph may be combined with a JADU authorized under CMC § 17.69.050.
2.
Detached Accessory Units on Single-Family Lots. One detached, new construction ADU, so long as the ADU maintains at least a four-foot rear and side yard setback, does not exceed 800 square feet, and does not exceed a height of 16 feet. This ADU may be combined with a JADU authorized under CMC § 17.69.050.
3.
Accessory Dwelling Units in Multifamily Buildings. Multiple ADUs within the portions of an existing multifamily dwelling, in spaces not used as living space. Examples include conversion of storage rooms, boiler rooms, attics, basements, and garages. Each unit must comply with building standards. The number of ADUs that may be created in a multifamily dwelling is equal to 25 percent of the number of existing units, or one accessory unit, whichever is greater.
4.
Detached ADUs on Multifamily Lots. Not more than two detached ADUs, on a lot with an existing multifamily dwelling. The accessory units are subject to a 16-foot height limit and must maintain at least a four-foot rear and side yard setback. An applicant may apply to build ADUs either under subsection (D)(3) or (4) of this section but not both.
E.
For an accessory dwelling unit that does not qualify for the approvals under subsection (D) of this section, the director of community development, or designee, shall approve a ministerial planning ADU review if the ADU complies with the standards in CMC § 17.69.030 and the local standards in CMC § 17.69.040.
(Ord. 22-06 § 5, 2022; Ord. 20-10 § 9, 2020; Ord. 19-07 § 35, 2019; Formerly 17.69.040)
§ 17.69.030 Accessory dwelling unit development standards.
The following standards shall apply to all accessory dwelling units:
A.
No more than one accessory dwelling unit and one junior accessory dwelling unit shall be permitted on any one lot.
B.
The minimum gross floor area of an accessory dwelling unit shall be 220 square feet.
C.
The total area of floor space for an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling living area, with a maximum floor area of 1,000 square feet.
D.
The accessory dwelling unit may be rented but shall not be sold or otherwise conveyed separately from the primary residence on the lot. The owner of the lot shall enter into a restrictive covenant with the city providing that the accessory dwelling unit shall not be sold, or title thereto transferred separate from that of the property as a whole, and shall not be leased for a period of less than 30 consecutive days.
E.
An attached accessory dwelling unit shall have a separate entrance.
F.
In addition to the required parking for the primary unit, one off-street parking space shall be provided on the same lot that the accessory dwelling unit is located. However, this subsection shall not require an off-street parking space if:
1.
The accessory dwelling unit is located within one-half mile, measured in walking distance, of public transit, including bus stops;
2.
The accessory dwelling unit is located within an architecturally and historically significant historic district;
3.
The accessory dwelling unit is part of the proposed or existing primary residence or an existing accessory structure;
4.
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
5.
When there is a designated parking space for a car share vehicle located within one block of the accessory dwelling unit.
G.
Off-street parking shall be permitted in front, side, and rear yard setback areas or through tandem parking. The parking does not need to be covered or in an enclosed garage.
H.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or where such structure is converted into an accessory dwelling unit, any off-street parking required for the primary residence that is lost shall not be required to be replaced.
I.
No setback shall be required for an existing legally constructed garage that is converted to an accessory dwelling unit, or for a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit. Side yard and rear yard setbacks of four feet shall be required for any other accessory dwelling unit, with the exception of two-story accessory dwelling units. ADUs greater than 16 feet in height, (i.e., detached two-story ADUs, a second-story ADU above a garage, the addition of a second-story ADU to an existing single-story residence, the addition of an attached two-story ADU to the primary residence, or any combination thereof) shall be permitted within the primary residence "buildable area," as determined under Chapters 17.14 and 17.26 CMC residential development standards.
J.
Upon approval of an accessory dwelling unit on a lot, the lot shall not be further divided unless there is adequate land area to divide the lot consistent with the general plan and zoning designation.
K.
A parcel with an existing guest house may not also have an accessory dwelling unit; however, a guest house may be converted to an accessory dwelling unit subject to the provisions of this chapter.
L.
Except as otherwise required herein, all construction, structural alterations or additions made to create an accessory dwelling unit shall comply with current development standards and building, electrical, fire and plumbing codes. This includes a requirement that all accessory dwelling units shall comply with the grading standards and permit processes and requirements for development on slopes.
M.
Except as otherwise required herein, the accessory dwelling unit shall be subject to the same minimum required front yard setback as the main dwelling unit.
N.
A detached accessory dwelling unit that is 800 square feet or less, not more than 16 feet in height, and compliant with a minimum four-foot side and rear setback, shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, or open space. For any other detached accessory dwelling unit, lot coverage, floor area ratio, and open space requirements for the underlying zone shall apply.
O.
Fire sprinklers are not required for ADUs if they are not required for the primary residence, as determined by the Fire Marshal.
P.
If the ADU will be connected to an on-site wastewater treatment system, the city may require that approval from the Regional Water Quality Control Board and a percolation test has been completed within the last five years, or 10 years in the case of tests that have been recertified.
Q.
An ADU proposed on a lot or parcel that is not served by a public sanitary sewer system shall require approval by the Los Angeles County Department of Public Health, and any other applicable agencies, of a private sewage disposal system, prior to building and safety division permit issuance.
R.
Detached ADU sited within four to one or greater slopes, whether upslope or downslope, or within a high to very high fire hazard severity zone (FHSZ) designation from Los Angeles County Fire Department, shall meet the following requirements:
1.
May encroach into the four to one or greater slopes by a maximum distance of six feet;
2.
Require planning review and Los Angeles County Fire Department review;
3.
Provide a minimum 10-foot fire defensive zone around the ADU. (Defensible space is the buffer you create between a building on your property and the grass, trees, shrubs, or any wildland area that surround it. CALFIRE);
4.
Comply with construction requirements in the California Building Code and California Residential Code that are specific to the wildland-urban interface fire area;
5.
Roof material shall be tiles, slate or imitation thereof. Where the roof material for the main house consists of composition shingles, detached ADU can include the same material. If composition shingles are used, 40-year or higher grade architectural dimension shingles shall be used.
S.
Grading, filling, excavating and construction activities must comply with health and safety requirements of California Building and Grading Standards. Detached ADUs between 500 and 1,000 square feet must submit a drainage plan that provides: existing and proposed topography of the property; existing and proposed drainage system consisting of swales, pipes, catch basins, inlets, outlets; and historic drainage patterns that demonstrate it has not altered in a manner to cause drainage problems to neighboring properties.
(Ord. 22-06 § 5, 2022; Ord. 20-10 § 9, 2020; Ord. 19-07 § 35, 2019; Formerly 17.69.020)
§ 17.69.040 Local accessory dwelling unit standards.
An accessory dwelling unit approved pursuant to the planning ADU review process shall comply with the following standards, in addition to the standards in CMC § 17.69.030:
A.
Design.
1.
The colors, exterior finishes, and roof pitch of the ADU shall match those of the primary dwelling. The roof slope of the ADU must match that of the dominant roof slope of the primary dwelling, which is the slope shared by the largest portion of the roof.
2.
If the applicant seeks to build an ADU in a garage, and such ADU requires an expansion of more than 150 square feet, the garage door shall be removed and the opening shall be treated and finished to match the primary residence.
3.
All windows shall have exterior trims and sills. Exterior window treatments that face the front and side facades of the ADU must include at least one of the following: decorative shutters, awnings, window shades, or bay windows.
4.
Each ADU shall provide a minimum of 60 square feet of covered porch entry with decorative railing and decorative porch lighting.
B.
Height and Setback. Maximum building height shall not exceed 16 feet in height when four feet from a side and rear property line. ADUs greater than 16 feet in height (i.e., detached two-story ADUs, a second-story ADU above a garage, the addition of a second-story ADU to an existing single-story residence, the addition of an attached two-story ADU to the primary residence, or any combination thereof) shall be permitted within the primary residence "buildable area," as determined under Chapters 17.14 and 17.26 CMC residential development standards.
C.
Unit Size. The maximum size of an ADU shall be 850 square feet for a studio or one-bedroom unit and 1,000 square feet for an ADU with two or more bedrooms.
D.
Lot Coverage. An accessory dwelling unit larger than 800 square feet shall not cover more than 35 percent of the required rear yard within single-family zones.
E.
Separation From Primary Unit. A detached ADU larger than 800 square feet shall be separated from the primary dwelling and any other accessory structure by at least six feet (measured from eave to eave).
F.
Entryway. In cases, where proposed ADU is on a corner lot or reverse corner lot, the entry to an ADU shall face the public right-of-way and shall have a roof cover.
G.
Site Plan. A detached ADU shall be located behind the rear building line of the primary residence.
H.
Grading and Drainage. Finished ground surfaces/slopes within five feet of the ADU shall slope away from the structure at a five percent minimum slope. All exterior hard surfaces shall be installed with a one percent minimum slope and shall drain away from the ADU. Drainage swales and drainage pipes shall have a minimum slope of one percent. Lot grading shall not slope towards property lines in a manner which would cause storm flows onto neighboring properties.
I.
Fees Charged for Accessory Dwelling Units.
1.
Utility Connection Fees and Capacity Charges. Where an accessory dwelling unit will be developed within the space of an existing single-family dwelling or accessory structure (i.e., an ADU conversion), and the ADU qualifies for approval with just a building permit, the city shall not require the applicant to install a new or separate utility connection nor charge connection fees or capacity charges. However, the city may charge connection fees and capacity charges for an ADU that is constructed in conjunction with a new single-family dwelling or if it is a newly constructed ADU that is not a conversion of existing space.
2.
Impact Fees. The applicant shall pay to the city all applicable impact fees imposed on new residential development, including, but not limited to, park and recreational facility fees. Impact fees shall not apply to an ADU less than 750 square feet in size. For larger ADUs (i.e., 750 square feet or more), impact fees shall be charged proportionally to the square footage of the primary dwelling unit. For example, if a primary dwelling is 1,600 square feet and a proposed accessory dwelling unit is 800 square feet, the applicable impact fee for the accessory dwelling unit is 50 percent of the amount of the fee for the single-family dwelling.
(Ord. 22-06 § 5, 2022)
§ 17.69.050 Junior accessory dwelling units.
A.
These provisions are adopted pursuant to California Government Code Sections 65852.2 and 65852.22. The purpose of these standards is to establish standards for the development of junior accessory dwelling units in a manner that preserves the integrity of single-family development, avoids adverse impacts on such areas, and provides additional housing opportunities consistent with state law.
B.
As stated in CMC § 17.69.020, an application for a building permit to create a JADU shall be considered ministerially, without discretionary review or a public hearing, and approved within 60 days after receiving a complete application, so long as the JADU meets all of the following standards:
1.
The lot shall contain an existing primary unit at the time an application for a JADU is submitted, or the application for the JADU may be made in conjunction with the application for the primary unit. A JADU shall be constructed within the walls of the proposed or existing single-family residence.
2.
No more than one ADU and one JADU shall be permitted on any one lot.
3.
The minimum gross floor area of a JADU including an efficiency unit shall be 220 square feet.
4.
The maximum floor area for a JADU shall be 500 square feet.
5.
A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing or proposed single-family dwelling. If the JADU shares sanitation facilities with the single-family dwelling, there shall be interior access between the two units.
7.
The owner of the lot shall reside on the lot, either in the primary unit or in the JADU. Prior to issuance of a building permit, the property owner shall enter into a restrictive covenant with the city regarding such owner-occupancy on a form prepared by the city, which shall be recorded against the property. Such covenant also shall provide that the JADU shall not be sold or title thereto transferred separate from that of the property, and the JADU shall not be leased for a period of less than 30 consecutive days. If the owner ceases to reside on the property, use of the junior accessory dwelling unit shall be discontinued and the unit converted into a portion of the primary unit.
8.
A JADU shall have a separate exterior entrance from the primary single-family residence.
9.
No parking requirements shall be imposed on the JADU.
10.
Except as otherwise required herein, all construction or structural alterations made to create the JADU shall comply with current development standards and building, electrical, fire and plumbing codes.
11.
Fire sprinklers are not required for a JADU if they are not required for the primary residence as determined by the Fire Marshal.
C.
The director of community development, or designee, shall approve an application for a JADU through the streamlined "building permit only" process identified under CMC § 17.69.020.
D.
A JADU is exempt from connection fees, capacity charges, and impact fees.
E.
In the event of any conflicts between the standards set forth in this chapter and those set forth in the regulations of the applicable zoning district, the provisions of this chapter shall prevail.
F.
A JADU that conforms to this section shall be deemed to be in compliance with the general plan.
(Ord. 22-06 § 5, 2022; Ord. 20-10 § 9, 2020; Formerly 17.69.025)