La Verne City Zoning Code
CHAPTER 18
120 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
§ 18.120.010 Purpose.
The purpose of this chapter is to provide for accessory dwelling units and junior accessory dwelling units in accordance with the provisions of state law in order to assist with the housing crisis.
(Ord. 1089 § 3, 2019; Ord. 1116 § 1, 2023; Ord. 25-1133, 9/15/2025)
§ 18.120.020 Definitions.
For purposes of this chapter, the following definitions shall apply in addition to those definitions set forth in Government Code Sections 66313 through 66342.
means an attached or 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 which includes permanent provisions for living, sleeping, eating, cooking and sanitation facilities on the same parcel of land as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: an efficiency unit; and a manufactured home, as defined in Section 18007 of the Health and Safety Code.
means where there is a physical separation between the accessory dwelling unit and the primary unit or an accessory structure.
means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence or an attached structure, including a garage.
means that the section refers to both a junior and accessory dwelling unit.
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
means an existing single-family dwelling, or the larger of two proposed units or an existing or proposed multi-family dwelling.
(Ord. 1089 § 3, 2019; Ord. 1116 § 1, 2023; Ord. 25-1133, 9/15/2025)
§ 18.120.030 Applications.
A.
An application for a junior or accessory dwelling unit shall be ministerially approved or denied within sixty days of receipt of a complete application and approved if it meets the requirements of this chapter.
1.
Notwithstanding subsection A above, if the application is submitted in conjunction with an application for a new single-family or multifamily dwelling, the application for the junior or accessory dwelling unit shall not be approved or denied upon until the application for the new dwelling is acted upon.
2.
The city shall grant a delay if requested by the applicant.
3.
If the construction of an accessory dwelling unit requires demolition of a detached garage, the demolition application shall be reviewed and issued at the same time as the accessory dwelling unit.
4.
If the application is denied, the city shall detail in writing all items that are defective or deficient and how the applicant can remedy the application within the same time period as set forth above.
5.
Notwithstanding the above, if the applicant uses a plan for an accessory dwelling unit that has been preapproved by the city or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the city within the current triennial California Building Standards Code cycle, the application shall be approved or denied within thirty days from the date of a complete application.
B.
The city shall impose application, permit and inspection fees on accessory dwelling units and junior accessory dwelling units in amounts set by resolution of the city council.
C.
A permit application may not be denied due to the need to correct a nonconforming zoning condition, building code violation, or unpermitted structures that do not present a threat to the public health and safety and are not affected by the construction of the accessory dwelling unit.
(Ord. 1089 § 3, 2019; Ord. 1116 § 1, 2023; Ord. 25-1133, 9/15/2025)
§ 18.120.040 Allowed zones.
A.
An application for an accessory dwelling unit shall be approved by the community development director or the director's designee upon the director's or designee's determination that the application meets all the requirements set out in Section 18.120.050 in the zoning districts listed below and in specific plan areas where residential or mixed-use development is allowed.
1.
A-1 limited agricultural;
2.
PR-1/5 planned residential, one detached dwelling unit/five acres;
3.
PR-1D planned residential, one detached dwelling unit/acre;
4.
PR-2D planned residential, two detached dwelling units/acre;
5.
PR-3D planned residential, three detached dwelling units/acre;
6.
PR-4.5D planned residential, four and one-half detached dwelling units/acre;
7.
PR-5D planned residential, five detached dwelling units/acre;
8.
PR-6A planned residential, six attached dwelling units/acre;
9.
PR-7A planned residential, seven attached dwelling units/acre;
10.
PR-7.5A planned residential, seven and one-half attached dwelling units/acre;
11.
PR-8A planned residential, eight attached dwelling units/acre;
12.
PR-10A planned residential, ten attached dwelling units/acre;
13.
PR-15A planned residential, fifteen attached dwelling units/acre;
14.
C-P-D commercial-professional mixed development, where residential has been allowed by Section 18.120.060.
B.
An accessory dwelling unit may only be constructed on a lot which contains an existing or proposed single-family or multifamily dwelling.
C.
Accessory dwelling units shall not count in determining density or lot coverage and are considered a residential use consistent with the existing General Plan and zoning designation for the lot.
(Ord. 1089 § 3, 2019; Ord. 1116 § 1, 2023; Ord. 25-1133, 9/15/2025)
§ 18.120.050 Development standards/requirements-Accessory dwelling units.
A.
Location/Number.
1.
Accessory dwelling units shall be located only on lots with an existing or proposed single-family or multifamily dwelling. Junior accessory dwelling units shall be located only on lots in a single-family zone.
2.
Accessory dwelling units may be interior conversions, attached or detached and may be located in an attached or detached garage or in an existing accessory structure.
3.
Attached and detached accessory dwelling units shall be located behind the rear building line of the primary residence in a single-family zone. However, this requirement shall not apply if the accessory dwelling unit is being converted from a legally existing accessory structure, including a garage, or constructed in the exact same location and to the exact same dimensions as a legal, previously existing accessory structure.
4.
Only one accessory dwelling unit shall be allowed on a residentially zoned lot, unless otherwise permitted in accordance with Section 18.120.060 below.
B.
Type of Building. An attached or detached accessory dwelling unit shall be a permanent structure on a permanent foundation with permanent provisions for living, sleeping, food preparation, sanitation, and bathing. A manufactured home as defined in California Health and Safety Code Section 18007 shall qualify.
C.
Height. The height of an attached or detached accessory dwelling unit shall not exceed the following limits.
1.
A detached accessory dwelling unit shall not exceed a maximum height of eighteen feet if the accessory dwelling unit is on a lot with an existing or proposed single-family or multifamily dwelling unit if located within one-half 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 allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
2.
A detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling shall not exceed eighteen feet.
3.
An attached accessory dwelling unit shall have a maximum height of twenty-five feet, or the height allowed for the primary dwelling, whichever is lower.
4.
An accessory dwelling unit may be built on top of a detached garage; provided that the garage is maintained for parking and the total height of the structure does not exceed twenty-five feet. If an accessory dwelling unit is built pursuant to this provision, a declaration shall be recorded that the garage must be maintained for parking.
5.
In all other cases not described in subsections C.1 through C.4, the maximum height for an accessory dwelling unit shall be sixteen feet.
6.
No accessory dwelling unit shall exceed two stories.
D.
Size.
1.
The maximum size of an attached or detached accessory dwelling unit is eight hundred fifty square feet if it has zero or one bedrooms, and one thousand square feet if it has two or more bedrooms.
2.
The minimum square footage for an attached or detached accessory dwelling unit shall not be less than the size allowed for an efficiency unit as defined in Health and Safety Code Section 17958.1.
3.
Notwithstanding any other provision of this section, development standards shall be waived to allow an applicant to build an eight hundred square foot accessory dwelling unit provided that the height requirements do not exceed those set forth in subsection C above with at least four-foot side and rear yard setbacks.
4.
Junior accessory dwelling units shall not exceed five hundred square feet.
E.
Setbacks.
1.
Attached and detached accessory dwelling units shall be located behind the rear building line of the primary residence.
2.
An accessory dwelling unit, including a unit constructed above a permitted garage, shall have rear and side yard setbacks of at least four feet.
3.
The setback requirements in subsections E.1 and E.2 above shall not apply if the accessory dwelling unit is being converted from an approved accessory structure, including a garage, or being constructed in the same location and to the same dimensions as an approved existing accessory structure, including a garage.
4.
Accessory dwelling units shall be required to comply with the requirements of the California Building Standards Code as set forth in Chapter 15.04 of this code, including relating to the distance between buildings. Notwithstanding the above, the construction of an ADU shall not constitute a Group R occupancy change unless the building official 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.
5.
Detached accessory dwelling units shall be a minimum of ten feet from other buildings on the same property.
6.
No portion of an accessory dwelling unit may encroach into any public or private easement such as a utility easement unless the easement holder has provided written permission to construct the accessory dwelling unit in the manner proposed. To establish a rebuttable presumption of compliance with this requirement, the applicant may provide a written declaration under penalty of perjury affirming compliance with this requirement. The declaration shall be in a form acceptable to the city attorney.
F.
Lot Coverage. The lot coverage standards of the underlying zoning district or specific plan area where the unit is located shall control.
G.
Outdoor Living. For accessory dwelling units in single-family zones, there must be outdoor living spaces that meet the following requirements:
1.
Each unit shall have a separate usable outdoor living area of four hundred square feet, with fifteen feet minimum in any direction.
2.
Outdoor living areas shall be landscaped.
3.
Outdoor living areas do not include parking areas, driveways, or front and rear yard setback areas of the primary residence.
H.
Parking.
1.
Parking shall be required at the rate of one space for each accessory dwelling unit that is at least one bedroom. No parking spaces shall be required for an accessory dwelling unit created within an existing livable space.
2.
Parking spaces may be provided through tandem parking on an existing driveway provided that such parking does not encroach into the public sidewalk.
3.
Parking spaces for accessory dwelling units may be provided in paved portions of setback areas provided that the amount of paving does not exceed the total amount of paving and hardscaped areas that are otherwise allowed by this title.
4.
When a garage, carport, uncovered parking space, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, such parking spaces need not be replaced.
5.
Tandem parking and parking in setback areas shall not be allowed if the community development director makes specific findings that such parking is not feasible based upon specific site or regional topographical, or fire and life safety conditions.
6.
Notwithstanding any other provision of this subsection, no parking shall be required for the accessory dwelling unit if any of the following conditions apply:
a.
The accessory dwelling unit is located within one-half mile walking distance of public transit;
b.
The accessory dwelling unit is located within an architecturally and historically significant historic district or the property is subject to the Mills Act;
c.
The accessory dwelling unit is part of a proposed or existing primary residence or an accessory structure;
d.
When on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit;
e.
When there is a car share vehicle located within one block of the accessory dwelling unit; or
f.
When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the same lot provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection H.6.
g.
If a parking space is not required, then the owner shall be required to disclose that fact in any rental agreement.
I.
Design.
1.
The accessory dwelling unit shall be of the exact same architectural style, including roof design, windows, doors, wall treatment materials, and color as the primary unit.
2.
The accessory dwelling unit shall have a separate entrance from the primary dwelling unit.
3.
The accessory dwelling unit shall not alter the appearance of the primary single-family dwelling unit.
J.
Fire sprinklers shall only be required in any accessory dwelling unit if they were required in the primary unit. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
K.
Utilities—Connections, Fees and Capacity Charges.
1.
Attached/Interior Accessory Dwelling Units.
a.
The unit shall be connected to utilities, but a separate utility connection shall not be required unless the accessory dwelling unit is being constructed in connection with a proposed residential dwelling.
b.
For an accessory dwelling unit contained within a proposed or existing single-family dwelling meeting the requirements of Section 18.20.060.A, the city shall not impose a connection fee or capacity charge, unless the unit is being constructed with a new single-family dwelling. For all other accessory dwelling units, the city shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit based on the size of the unit or number of plumbing fixtures.
c.
No connection fees or capacity charges shall be imposed on a homeowner applying for a permit for a previously unpermitted junior or accessory dwelling units built before January 1, 2020, except when the utility infrastructure is required to comply with Health and Safety Code Section 17920.3 and authorized by Government Code Section 66324(e).
2.
Detached Accessory Dwelling Units. The unit shall be connected to utilities, but a direct connection between the utility at the unit shall not be required unless the accessory dwelling unit is being constructed in connection with a proposed residential dwelling.
3.
No connection fee or capacity charge shall be imposed on a homeowner applying for a permit for a previously unpermitted junior or accessory dwelling units built before January 1, 2020, except when the utility infrastructure is required to comply with Health and Safety Code Section 17920.3 and authorized by Government Code Section 66324(e).
L.
Impact Fees.
1.
No impact fee shall be imposed on any accessory dwelling unit less than seven hundred fifty square feet in size.
2.
For accessory dwelling units seven hundred fifty square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
4.
No impact fees shall be imposed on a homeowner applying for a permit for a previously unpermitted junior or accessory dwelling units built before January 1, 2020, except when the utility infrastructure is required to comply with Health and Safety Code Section 17920.3 and authorized by Government Code Section 66324(e).
M.
Historic Properties. If a primary structure is subject to a Mills Act contract with the city, construction shall comply with the contract's standards, including design conformance with the Secretary of Interior Standards. Additionally, the Mills Act contract shall be amended to authorize the accessory dwelling unit on the site.
(Ord. 1089 § 3, 2019; Ord. 1116 § 1, 2023; Ord. 25-1133, 9/15/2025)
§ 18.120.060 Mandatory approvals.
Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed-use zone:
A.
One accessory dwelling unit and one junior accessory dwelling unit per lot within the existing or proposed space of a single-family dwelling or accessory structure.
1.
An expansion of up to one hundred fifty square feet shall be allowed in an accessory structure solely for the purposes of accommodating ingress and egress.
2.
The junior or accessory dwelling unit shall have exterior access separate from the existing or proposed single-family dwelling.
3.
The side and rear setbacks shall be sufficient for fire and safety.
4.
If the unit is a junior accessory dwelling unit, it shall comply with the requirements of Sections 18.120.070 and 18.120.080 below.
B.
One detached accessory dwelling unit that does not exceed four-foot side and rear yard setbacks on a lot with an existing or proposed single-family dwelling, provided that the unit shall not be more than eight hundred square feet and shall not exceed the height specified in Section 18.120.050C.1, C.2, or sixteen feet in any other case.
1.
A junior accessory dwelling unit may be developed with this type of detached accessory dwelling unit and shall comply with all requirements of Sections 18.120.070 and 18.120.080 below.
C.
On a lot with a multifamily dwelling structure, up to twenty-five percent of the existing multifamily dwelling units, but no less than one unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
D.
On a lot with an existing multifamily dwelling structure, up to eight detached units, but in no event more than the number of existing units on the lot, provided that they meet the height requirements of Section 18.120.050C.1 through C.3, above, or not exceed sixteen feet in all other cases, and have at least four-foot side and rear yard setbacks.
E.
On a lot with a proposed multifamily dwelling, up to two detached units, provided that they meet the height requirements of Section 18.120.050C.1, C.2, or not exceed sixteen feet in any other case, and have at least four-foot side and rear yard setbacks.
F.
A permit application may not be denied due to the need to correct a nonconforming zoning condition.
G.
Fire sprinklers shall only be required in any accessory dwelling unit if they were required in the primary unit. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
H.
Rentals of an accessory dwelling unit created pursuant to this section shall be for a term longer than thirty days.
(Ord. 1089 § 3, 2019; Ord. 1116 § 1, 2023; Ord. 25-1133, 9/15/2025)
§ 18.120.070 Junior accessory dwelling units.
A.
One junior accessory dwelling unit shall be allowed on each lot in the single-family residential zone within an existing or proposed single-family dwelling, including an attached garage. A junior accessory dwelling unit shall be allowed in conjunction with an accessory dwelling unit as specified in Section 18.120.060.
B.
The junior accessory dwelling unit 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.
C.
The junior accessory dwelling unit shall have a separate entrance from the primary residence.
D.
The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-family residence and must have an interior entry to the main living area of the single-family residence.
E.
No additional parking shall be required for a junior accessory dwelling unit.
F.
A junior accessory dwelling unit shall be required to comply with applicable building standards.
G.
The owner of property on which a junior accessory dwelling unit is constructed shall abide by the following and record a deed restriction which shall run with the land and shall provide for the following:
1.
A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence;
2.
A prohibition from enlarging the junior accessory dwelling unit from being enlarged beyond five hundred square feet;
3.
A prohibition from renting the property for less than thirty-one consecutive, calendar days;
4.
A restriction that the owner shall reside in either the primary residence or the junior accessory dwelling unit. Notwithstanding the foregoing this restriction shall not apply if the owner of the single-family residence is a governmental agency, land trust; or housing organization;
5.
A statement that the deed restrictions may be enforced against future purchasers; and
6.
A copy of the deed restriction shall be filed with the community development department after recordation.
H.
For the purposes of any fire or life protection ordinance or regulation, or for providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered to be a separate or new dwelling unit.
(Ord. 1089 § 3, 2019; Ord. 1116 § 1, 2023; Ord. 25-1133, 9/15/2025)
§ 18.120.080 Regulations.
B.
Rental. All junior or accessory dwelling units shall be rented for a minimum of thirty days.
C.
Owner/Occupancy.
1.
The city shall not enforce any owner/occupancy requirement previously imposed on an accessory dwelling unit.
2.
No accessory dwelling unit shall be subject to an owner-occupancy requirement.
3.
All junior accessory dwelling units shall have an owner/occupancy requirement as specified in Section 18.120.070G.4.
D.
This chapter shall in no way validate any existing illegal accessory dwelling unit nor shall it change a legal nonconforming unit to a conforming unit.
E.
Unpermitted Accessory Dwelling Units.
1.
An application for an accessory dwelling unit to convert an illegal and/or nonconforming accessory dwelling unit to a legal conforming accessory dwelling unit shall be subject to the same standards and requirements as for a newly proposed unit.
2.
Notwithstanding subsection E.1 above, the city shall not deny a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020 on the grounds that it is in violation of the California Building Standards (Health and Safety Code Section 17960 et seq.) or that it does not comply with this chapter unless the city makes a finding that correcting the violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3 or if the building is deemed substandard pursuant to Health and Safety Code Section 17920.3.
3.
The city shall inform the applicant that before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit.
4.
Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the city may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The city shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards.
F.
Guesthouses that were previously approved and which have a valid building permit on file shall not be affected by this chapter. However, an application to convert a guesthouse to an accessory dwelling unit shall be subject to this chapter.
G.
Enforcement. Until January 1, 2030, the city shall issue a statement with a notice to correct a violation of any building standard relating to an accessory dwelling unit that provides substantially as follows:
You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit. If you believe that this correction or abatement is not necessary to protect public health and safety, you may file an application with the community development department. If the city determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.
H.
Accessory dwelling units and junior accessory dwelling units shall be required to obtain a separate address for the unit from the department of building and safety.
I.
When an accessory dwelling unit is being proposed with a new primary dwelling unit, the city shall not issue a certificate of occupancy for an accessory dwelling unit before it issues a certificate of occupancy for the primary dwelling unit.
(Ord. 1089 § 3, 2019; Ord. 1116 § 1, 2023; Ord. 25-1133, 9/15/2025)