La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
33 ACCESSORY DWELLING UNITS
§ 11.33.010 Accessory dwelling units-Purpose.
§ 11.33.020 Accessory dwelling units-Effect of conforming.
An ADU or JADU that conforms to the standards in this chapter 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.
(Ord. 527, 5/20/2025)
§ 11.33.030 Accessory dwelling units-Definitions.
As used in this section, terms are defined as follows:
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. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated and include a separate exterior access. An accessory dwelling unit also includes an efficiency unit, as defined by California Health and Safety Code Section 17958.1 and a manufactured home, as defined by California Health and Safety Code Section 18007. An accessory dwelling unit only consists of interior space and does not include eaves greater than 12 inches, attached covered patios or trellises and does not include any balconies or roof top patios which are subject to Section 11.11.050.
means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land, and which is located on the same lot or parcel of land with the main building or use.
means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
means a kitchen that includes each of the following:
means the total square footage of the accessory dwelling unit (as measured from the inside perimeter of the exterior walls) under solid roof, including, but not limited to, habitable attics and basements and lofts.
means the total square footage of the primary single-family dwelling under solid roof, including, but not limited to, habitable attics and basements, lofts and attached garages, but excluding volume space (as calculated within Section 11.11.050(B)2)), porches, patios, eaves, breezeways and any legally permitted attached ADU or JADU.
means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. See also "Major transit stop."
means a residential unit that:
Is no more than 500 square feet in size;
Is contained entirely within an existing or proposed single-family dwelling. Enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence;
Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family dwelling; and
Includes an efficiency kitchen.
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods (CA Public Resources Code Section 21064.3). It also includes major transit stops that are included in the applicable regional transportation. See also "High quality transit corridor."
means a physical improvement on a property or a use of the property that does not conform with current zoning standards.
means a pathway that is unobstructed clear to the sky and extends from a street, whether public or private, or a private driveway to one entrance of the ADU or JADU.
means a dwelling that is the subject of a building permit application and that meets the requirements for permitting.
means a location, including, but not limited to, a bus stop or future train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. See also "Major transit stop" and "High quality transit corridor."
means:
One accessory dwelling unit and junior accessory dwelling unit that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure;
One detached, new construction, accessory dwelling unit that is no more than 800 square feet in size and complies with the development standards as provided in Section 11.33.060;
Multiple accessory dwelling units within the portions of existing multifamily dwelling structures;
Multiple accessory dwelling units that are detached from a multifamily dwelling, subject to the objective development standards listed in Section 11.33.040.
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. 527, 5/20/2025)
§ 11.33.040 Accessory dwelling units-Approvals.
The following approvals apply to ADUs and JADUs under this chapter:
B.
Timing.
1.
The city shall approve or deny an application to create or construct an ADU or JADU within 60 days from the date that the city receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
2.
Where a permit application for an ADU or JADU is submitted concurrently with a permit application to create a new single-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 dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
a.
Permit applications to create a new single-family dwelling which maximize the total floor/roofed area as contained within Chapter 11.11 and any applicable slope factor guideline contained within Chapter 11.35 may include an additional 800 square foot area within the architectural design to accommodate a statewide exempt ADU.
3.
If the applicant requests a delay, the 60-day time period shall be tolled for the period of the requested delay.
4.
Any denial of an ADU or JADU application requires provision of a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant within the 60-day time period to approve or deny a permit application.
C.
Location and Number.
1.
An ADU or JADU shall only be allowed on a parcel zoned to allow single-family or multifamily dwelling residential uses and that includes a proposed or existing dwelling.
2.
Single-Family Dwellings. The following may be provided on a single parcel:
3.
Multifamily Dwellings. The following may be provided on a single parcel:
a.
Multiple ADUs within 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 converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, and up to 25% of the existing multifamily dwelling units may each have a converted ADU under this subsection.
b.
No more than eight detached ADUs, or as many detached ADUs as there are primary dwelling units, on a lot that has an existing multifamily dwelling.
c.
No more than two detached ADUs on a lot with a proposed multifamily dwelling.
(Ord. 527, 5/20/2025)
§ 11.33.050 Accessory dwelling units-General requirements.
The following requirements apply to all ADUs and JADUs that are approved under this chapter:
A.
Zoning. An ADU or JADU subject only to a building permit under Section 11.33.040 may be created on a lot in any R-1, R-3 zone or residential planned development (RPD) zone, public and semi-public zone, mixed use zone or DVSP (residential or mixed-use land use districts), if all of the applicable standards are met.
B.
Property Line Survey Required. Where an ADU or JADU is proposed, either as a conversion of an existing structure or new construction, with setbacks of five feet or less from a property line or applicable easement, a property line survey shall be provided at time of permit application.
C.
Fire Sprinklers. Fire sprinklers are required for an ADU if sprinklers are required in the primary residence or residences.
D.
No Separate Conveyance. An ADU or JADU may be rented, but no ADU 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 multifamily lot) unless the property was built by a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program and all of the conditions under California Government Code Section 66341 are met.
E.
Public Sewer Connection. If public sewers are available to the lot, both the existing or proposed single-family or multifamily dwelling and the ADU and/or JADU must be connected to the sewer service in order to receive a building permit. Further, if access to the public sewer is feasible for the lot subsequent to the initial issuance of a building permit, the permit shall be subject to connection of both the existing or proposed single-family or multifamily dwelling and ADU and/or JADU to such sewer service.
F.
Septic System. Where connection to the public sewer is not feasible, as part of the application for a permit to create an ADU or JADU connected to a conventional or non-conventional on-site water treatment system, an approval from the Los Angeles County Department of Public Health shall be provided in compliance with the adopted Local Agency Management Program ordinance.
G.
Rental Terms. No accessory dwelling unit may be rented for a term that is shorter than 30 days.
H.
Conversion/Demolition Restriction. A legally constructed ADU or JADU may not be converted or demolished and rebuilt (except due to damage caused by natural disaster, fire or accident) to any other use for a period of ten years from the date a Certificate of Occupancy is granted for the ADU or JADU.
I.
Utilities. The ADU may have wet and dry utilities that are separate from those of the primary dwelling unit, including gas, electricity, water and telephone service.
J.
Demolition Permits. Where a demolition permit is required to replace a detached garage with an ADU, the demolition permit shall be issued concurrently with the building permit for the ADU.
K.
Existing Conditions.
1.
The city shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures (including the primary dwelling unit) that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
2.
The city shall not deny a building permit for an unpermitted ADU constructed before January 1, 2020, due to violations of building standards or non-compliance with ADU laws, unless it finds that correction of a violation is specifically necessary to protect health and safety of the occupants or public and/or buildings deemed substandard under the State Housing Law.
L.
Tree Preservation. If removal of a protected tree is required to provide a minimum 800 square foot ADU, the property owner shall replace it with a protected tree at the 48-inch box size (minimum), unless a certified arborist determines planting is unfeasible, in which case, payment into the city's tree fund per adopted resolution of the city council for protected tree removal shall be required.
(Ord. 527, 5/20/2025)
§ 11.33.060 Accessory dwelling units-Specific requirements for new construction.
The following standards apply to new construction ADUs or JADUs:
A.
Maximum Size.
1.
The size of any ADU, JADU, any existing or proposed single-family dwelling and any other existing or proposed accessory structure shall comply with the total floor/roofed area as contained within Chapter 11.11 and any applicable slope factor guideline contained within Chapter 11.35.
a.
Exception. When the total floor and roofed area as contained within Chapter 11.11 and any applicable slope factor guideline contained within Chapter 11.35 prohibits construction of an ADU of 800 square feet, one statewide exempt ADU on a lot with a proposed or existing single-family dwelling shall be permitted if the ADU is 800 square feet or less and complies with the development standards of this section.
2.
The total FA(ADU) of an attached ADU shall not exceed 50% of the FA(SFD).
3.
The total FA(ADU) of a detached or attached ADU shall not exceed 1,200 square feet or 500 square feet for a JADU of the FA(SFD).
B.
Setbacks. ADUs and associated mechanical equipment shall comply with the setbacks identified below. Setbacks shall be measured from property lines or vehicular access easement, as verified by a survey pursuant to Section 11.33.050(B), whichever is applicable.
1.
Front yard setbacks must comply with the underlying zoning requirement, unless there is no other alternative to allow for construction of an 800 square foot ADU that meets height limits and complies with four-foot side and rear setbacks.
2.
Side and rear yard setbacks: four feet.
3.
Mechanical equipment for the ADU shall not be roof mounted.
C.
Height.
1.
On lots with an existing or proposed single-family dwelling, height limitations are as follows:
a.
An attached ADU or JADU is subject to the applicable height limit of the zone or 25 feet. An attached ADU shall not exceed two stories.
b.
A detached ADU may not exceed:
i.
16 feet in height, measured to the peak of the structure consistent with Section 11.11.050(A)(1)(a); or
ii.
18 feet, with an allowance of an additional two feet to accommodate a roof pitch aligned with the primary dwelling unit, if it is located within one-half mile walking distance of a major transit stop or high quality transit corridor.
E.
Parking.
1.
Generally. One off-street, on-site parking space is required for each ADU, in addition to the parking requirement for the existing or proposed single-family dwelling, except as provided in subsection (E)(2), below. The additional parking space may be provided in setback areas or as tandem parking unless specific findings are made that parking in setback areas is not feasible based upon specific site or regional topographical or fire and life safety conditions. The additional space need not be covered but shall be paved or constructed utilizing an equivalent surface and accessible from a single, common driveway for both the existing or proposed single-family dwelling and the accessory units.
2.
Exceptions. No additional parking is required for an ADU in any of the following situations:
a.
The ADU is located within one-half mile walking distance of public transit, as defined in Section 11.33.030.
b.
The ADU is located within an architecturally and historically significant historic district.
c.
The ADU is attached to or located within an existing or proposed single-family dwelling or an existing accessory structure.
d.
When on-street parking permits are required but not offered to the occupant of the ADU.
e.
When there is an established car share vehicle stop located within one block of the ADU.
f.
When a permit application for an accessory dwelling unit is submitted with a permit 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.
3.
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.
F.
Objective Development Standards. The following development standards shall apply to ADUs with the exception of statewide exempt ADUs.
1.
The ADU shall be consistent with the primary dwelling unit's roof pitch, window size, proportion of window units to wall size, direction of window openings, muntin pattern, exterior building materials, lighting fixtures, and paint colors. Elevations and floor plans shall be submitted as part of the building permit process.
2.
The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance shall not be on the same elevation/side of the primary dwelling entrance unless this entrance is screened from public views.
3.
Any windows less than five feet from a property line shall be obscured glass or clerestory windows placed at six feet or higher above adjacent ground level.
G.
Historical Protections. Where an ADU is proposed on real property that is listed in the California Register of Historic Resources or on a lot that has an identified historical resource listed on the federal, state, or local register of historic places, the exterior architectural treatment of the ADU must comply with Chapter 11.90, Historic Preservation.
(Ord. 527, 5/20/2025)
§ 11.33.070 Accessory dwelling units-Specific requirements for conversion of existing structures or spaces.
The following standards apply to existing structures or spaces converted to an ADU or JADU:
A.
Maximum Size. An existing legally constructed structure may be demolished and rebuilt in the original location and to the same physical dimensions for the purposes of conversion to an ADU. This may include an expansion of not more than 150 square feet beyond the original footprint if necessary for ingress and egress.
1.
Converted structures which are expanded more than the 150 square feet for ingress and egress are permitted to maintain nonconforming zoning conditions and expand in conformance with Section 11.33.060, Specific requirements for new construction.
2.
Converted structures which exceed 1,200 square feet cannot be further expanded with the exception of the 150 square feet for ingress and egress.
B.
Setback. No setback is required for a legally constructed existing structure that is converted to an accessory dwelling unit provided that the original side and rear setbacks are sufficient for fire safety, as determined by the local fire agency.
1.
New mechanical equipment associated with conversion of existing structures or space is subject to setbacks established in Section 11.33.060(B).
C.
Height. An existing structure that is converted to an accessory dwelling unit may maintain its existing permitted height. No increase in height shall be permitted, unless the existing structure is less than 16 feet, as permitted within Section 11.33.060(C)(1)(b).
E.
Parking. No additional parking is required for an ADU located within an existing or proposed single-family or multifamily dwelling or an existing accessory structure.
F.
Historical Protections. Where an ADU is proposed on real property that is listed in the California Register of Historic Resources or on a lot that has an identified historical resource listed on the federal, state, or local register of historic places, the ADU must comply with Chapter 11.90, Historic Preservation.
G.
Objective Development Standards. The following development standards shall apply:
1.
The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance shall not be on the same elevation/side of the primary dwelling entrance unless this entrance is screened from public views.
2.
Any windows less than five feet from a property line shall be obscured glass or clerestory windows placed at six feet or higher above adjacent ground level.
(Ord. 527, 5/20/2025)
§ 11.33.080 Accessory dwelling units-Building code.
Construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, absent express written findings by the building official that the construction of the unit could have a specific, adverse impact on public health and safety. The city can still determine a change in occupancy, for purposes of applying building code requirements, if the space was previously unhabitable or was only permitted for nonresidential use and was converted.
(Ord. 527, 5/20/2025)