Monterey Park City Zoning Code
CHAPTER 21
50 ACCESSORY DWELLING UNITS
§ 21.50.010 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Undefined words and phrases and have the same meaning as set forth in this code or in applicable law.
means a residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities. Where more than one residential structure exists on a lot, the "primary dwelling" will either be the residential structure that was first issued a valid certificate of occupancy, or, when applicable, the largest residential structure on the lot.
means two or more automobiles parked in a line, one behind the other.
(Ord. 2261, 4/16/2025)
§ 21.50.020 Certificate of Occupancy.
(A)
The Building Official will not issue a final certificate of occupancy for an ADU or JADU before the Building Official issues a final certificate of occupancy is issued for the primary dwelling(s). Before the Building Official issues any final certificate of occupancy for an ADU and/or JADU, the property owner must record with the County Recorder a covenant running with the land stating that the:
(1)
ADU may not be used in violation of this code, and any rental of the ADU must be for a term of 30 days or longer; and/or
(2)
JADU may not be sold separately; has size and attribute restrictions required by this code; and the property owner must occupy either the single-family residence in which the JADU is permitted, or the newly created JADU, unless the property owner is another government agency, land trust or housing organization. The JADU cannot be rented for any period less than 30 days.
(B)
The covenants required by this section must be approved as to form by the City Attorney.
(Ord. 2261, 4/16/2025)
§ 21.50.030 Application for Address Number.
Any ADU or JADU that includes a separate entrance from the mainentrance of the primary dwelling, or will be improved with a new or separate utility connection directly between the unit and the utility, must submit an application for an address number. Address numbers will be issued pursuant to the procedures outlined in this code. Address numbers must be placed over the entrance to the ADU or JADU or on some other place where the number can be visible from the street. When required by the Fire Chief, or designee, address identification must be provided in additional approved locations to facilitate emergency response.
(Ord. 2261, 4/16/2025)
§ 21.50.040 Fees.
(A)
Except as provided in California law, all ADUs are subject to development impact fees proportional to the square footage of the primary dwelling unit in accordance with this code.
(B)
Except as provided by California law, each ADU must install a separate utility connection directly between the ADU and the utility, which is subject to a connection fee or capacity charge, that is proportionate to the burden of the proposed ADU on the water or sewer system based on its square footage or drainage fixture units. The fee or charge may not exceed the reasonable cost of providing the services.
(C)
The City may charge reasonable inspection and construction fees for inspections and for all required permits. The fees will be established by City Council resolution and be assessed on the property owner.
(D)
An ADU will not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless the ADU is constructed simultaneously with a new primary single-family dwelling.
(Ord. 2261, 4/16/2025)