This chapter is intended to promote affordable housing as called for in the city of Irwindale general plan and in compliance with the provisions of Government Code section 65852.2, and as it may be amended. An accessory dwelling unit that conforms to the requirements of this chapter shall be deemed to be an accessory use or an accessory building, shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The standards established herein are intended to protect the health, safety, and welfare of the existing community and to be compatible with the established pattern of development in the city's residential zoning districts.

(Ord. No. 724, § 8, 7-25-18)

As used in this section, the following terms shall have the following meanings:

A.

"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. Any interior habitable area that is not legally permitted shall not be considered living area.

B.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

C.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. No. 724, § 8, 7-25-18)

A.

Applicant. The applicant for a building permit for an accessory dwelling unit shall be the owner of the property on which the accessory dwelling unit is proposed to be established.

B.

Application. Only complete applications will be considered. To be considered complete, an application for approval of an accessory dwelling unit shall include the following:

1.

An application form, provided by the planning division and signed by the applicant under penalty of perjury, accompanied by a fee in the amount established in the city's fee resolution.

2.

A site plan of the property, drawn to scale, which shall include, but not be limited to, the following information:

a.

All streets, sidewalks, driveways, paths, parking areas, patios, and other surface areas.

b.

All existing structures on the subject property and all existing structures on adjacent properties that are within ten feet of the subject property's property lines.

c.

All property lines, with a metes and bounds description, and all easements.

d.

Building elevations of the proposed accessory dwelling unit.

3.

Floor plans for both the existing or proposed single-family dwelling unit and the accessory dwelling unit.

C.

Approval Process. The city planner shall approve or disapprove an application ministerially, without discretionary review. A building permit for an accessory dwelling unit shall be issued once the city planner verifies that the accessory dwelling unit complies with all of the requirements set forth in this chapter. Applications for an accessory dwelling unit shall be approved or denied in accordance with this chapter within one hundred twenty days of application.

D.

Appeal. If the city planner denies the application, the applicant may file an appeal with the city manager on a form provided by the planning division. The appeal must be filed within fifteen calendar days of the notice of the city planner's decision to deny the application. The decision of the city manager shall be final.

(Ord. No. 724, § 8, 7-25-18)

Except as otherwise stated in this chapter, a proposed accessory dwelling unit must meet the following requirements in order to be approved:

A.

Lot Requirements. The lot upon which the accessory dwelling unit is to be located shall be zoned for single-family or multifamily use and shall include a proposed or existing single-family dwelling. An accessory dwelling unit may be built simultaneously with a single-family primary dwelling unit.

B.

Number of Accessory Dwelling Units. Only one accessory dwelling unit is permitted for each lot.

C.

Relation to Primary Dwelling. The accessory dwelling unit shall be either attached or located within the living area of the proposed or existing primary dwelling or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

D.

Maximum Floor Space. The total area of floorspace of an attached accessory dwelling unit shall not exceed fifty percent of the proposed or existing primary dwelling living area or one thousand two hundred square feet, whichever is less. The total area of floorspace for a detached accessory dwelling unit shall not exceed one thousand two hundred square feet.

E.

Compliance with Building and Safety Regulations. Accessory dwelling units shall comply with all applicable Building Code and Fire Code regulations. Except as otherwise provided in this chapter, accessory dwelling units shall meet all yard, open space, height, and building placement requirements applicable to the primary dwelling unit.

F.

Architectural Standards for Attached Units. Attached accessory dwelling units that are constructed after April 11, 2007 shall be clearly incidental and subordinate architecturally to the primary dwelling unit.

G.

Off-Street Parking. Off-street parking shall be provided in compliance with the requirements of Chapter 17.64 (Off-Street Parking), except as provided in Section 17.120.050.

(Ord. No. 724, § 8, 7-25-18)

Notwithstanding the provisions in Chapter 17.64, off-street parking requirements for the approval of applications for accessory dwelling units shall be limited as follows:

A.

Amount of Required Parking Spaces. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.

B.

Uncovered Spaces. Additional parking spaces required for accessory dwelling units may be uncovered.

C.

Setback Areas and Tandem Parking. Off-street parking shall be permitted in setback areas in locations determined by the City or through tandem parking, unless the city planner, city engineer/building officer, and/or the fire department makes specific findings 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 within the setback areas or the use of tandem spaces may not be permissible on parcels with a narrow right-of-way because emergency access would be restricted.

D.

Replacement of Demolished Spaces. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-­ street parking spaces shall be replaced. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This provision shall not apply to a unit that is described in section 17.120.050(E).

E.

Special Circumstances. No additional parking spaces shall be required in the following circumstances:

1.

The accessory dwelling unit is located within one-half mile of public transit.

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 accessory structure.

4.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

5.

When there is a car share vehicle located within one block of the accessory dwelling unit.

(Ord. No. 724, § 8, 7-25-18)

Notwithstanding any other requirement imposed by this chapter, requirements for approval of accessory dwelling units shall be limited as follows:

A.

Passageways. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

B.

Garage Units. No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

C.

Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. If fire sprinklers are required for the primary residence they shall be required in the accessory dwelling unit.

(Ord. No. 724, § 8, 7-25-18)

Notwithstanding any other provision of this chapter, the city planner shall approve an application for a building permit for one accessory dwelling unit per single-family lot within a zone for single-family use, if each of the following requirements is met:

A.

The accessory dwelling unit is contained within the existing space of a single-family residence or accessory structure, including, but not limited to, a studio, pool house, or other similar structure;

B.

The accessory dwelling unit has independent exterior access from the existing primary residence; and

C.

The side and rear setbacks are sufficient for fire safety.

(Ord. No. 724, § 8, 7-25-18)

A.

Owner Occupancy. Either the primary unit on the site or the accessory dwelling unit shall be occupied by the owner of the property.

B.

No Separate Sale or Conveyance. The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

C.

Required Covenant. A covenant, approved by the city attorney and community development manager/city planner and/or their assignee, shall be recorded by the property owner with the county recorder. This covenant shall identify the occupancy and use limitations on the property, including, but not limited to, the requirements in Section 17.120.080.A. and B. Evidence of recordation of the covenant shall be a prerequisite to the issuance of any occupancy permit for the accessory dwelling unit.

(Ord. No. 724, § 8, 7-25-18)

Termination of the use of the accessory dwelling unit requires the elimination by the property owner of any secondary utility meters and removal of all kitchen cabinetry, kitchen sink, refrigerator, dishwasher, and cooking facilities from the accessory dwelling unit area. If attached, the remaining space shall be internally connected, with direct access through doors and/or stairs to the main dwelling unit. The property owner shall apply for building permits to remove such features, as required under the city's building and fire codes.

(Ord. No. 724, § 8, 7-25-18)