South El Monte City Zoning Code
CHAPTER 17
12 ACCESSORY DWELLING UNITS
§ 17.12.010 Intent and purpose.
The purpose of the accessory dwelling unit chapter is to comply with state law. The chapter provides for accessory dwelling units in certain areas and on lots developed or proposed to be developed with single-family or multifamily dwellings. These structures are accessory and incidental to a dwelling on the same lot. (Gov. Code, § 65852.2(j)(2).) Such accessory dwellings are allowed because they can contribute needed housing to the community's housing stock. Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, renters, and homeowners who create accessory dwelling units. In addition, the chapter provides a mechanism to grant legal status to existing illegally constructed accessory units in single family neighborhoods. By encouraging legalization, safe dwellings may be added to the city's existing housing supply.
(Ord. 1271, 4/23/2024)
§ 17.12.020 Applicability.
A.
Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this chapter.
C.
The application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within sixty days. (Gov. Code, § 65852.2(a)(3).)
D.
A local agency may identify an ADU or JADU as an adequate site to satisfy its Regional Housing Needs Allocation (RHNA). (Gov. Code, §§ 65583.1(a), and 65852.2, subd. (m).)
(Ord. 1271, 4/23/2024)
§ 17.12.030 Common interest development.
A.
Allows for the rental or leasing of a separate interest ADU or JADU in a common interest development, notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents. (Civ. Code, § 4740(a), and Civ. Code, § 4741, subd. (a).)
(Ord. 1271, 4/23/2024)
§ 17.12.040 Location and operational standards.
A.
One accessory dwelling unit (ADU) and one junior accessory dwelling unit (JADU) may be constructed on any legal parcel in areas zoned to allow single-family or multifamily dwellings.
B.
Accessory dwelling units shall only be built when there is an existing or proposed single-family or multifamily residence (e.g., primary residence) on the site. Junior accessory dwelling units shall only be built when there is an existing or proposed single-family residence on the site. If a site is vacant, an ADU or JADU may be constructed at the same time as a primary residence.
C.
The accessory dwelling unit may be attached to the primary residence, located within the living area of the primary residence, or detached from the primary residence and located on the same lot as the existing dwelling.
D.
Any rental term of the accessory dwelling unit shall be longer than thirty days.
E.
The accessory dwelling unit may be conveyed separately from the primary residence under certain conditions, including that:
1.
The ADU or primary dwelling was built or developed by a qualified nonprofit. (Gov. Code, § 65852.26(a).)
2.
There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies the requirements of Section 402.1 of the Revenue and Taxation Code. (Gov. Code, § 65852.26(a)(2).)
3.
The entire property is subject to the affordability restrictions to assure that the ADU and primary dwelling are preserved for owner-occupied, low-income housing for forty-five years and are sold or resold only to a qualified buyer. (Gov. Code, § 65852.26(a)(3)(D).)
4.
The property is held in a recorded tenancy in common agreement that meets certain requirements. (Gov. Code, § 65852.26(a)(3).)
F.
Prior to issuance of a building permit for the accessory dwelling unit or junior accessory dwelling unit, the owner shall record a covenant in a form approved by the city to notify subsequent owners of the requirements of this chapter, as follows:
1.
For any junior accessory dwelling unit, the owner shall record a deed restriction, which shall run with the land, using a form to be provided by the city, memorializing the following:
a.
The junior accessory dwelling unit shall not be sold or owned separately from the primary residence, and the property shall not be subdivided in any manner which would authorize such separate sale or ownership;
b.
The junior accessory dwelling unit shall not exceed the size and attributes set forth in this chapter and Government Code Section 65852.22, including any future amendments thereto;
c.
Should a property have both an ADU and JADU, either the primary residence or the junior accessory dwelling unit must be owner-occupied at all times as required by state law, unless the owner is another governmental agency, land trust, or housing organization. (Gov. Code, § 65852.22(a)(2).)
2.
Accessory dwelling units do not count toward the density requirements in the General Plan or zoning regulations.
(Ord. 1271, 4/23/2024)
§ 17.12.050 Development standards.
The following standards apply to all accessory dwelling units.
A.
An accessory dwelling unit with one or fewer bedrooms shall not be more than eight hundred fifty square feet in gross floor area and an accessory dwelling unit with two or more bedrooms shall not be more than one thousand square feet in gross floor area.
B.
The conversion of an existing accessory structure or a portion of the existing primary residence to an accessory dwelling unit is not subject to unit size requirements. However, any application that proposes to expand an accessory structure to create an accessory dwelling unit beyond one hundred fifty square feet would be subject to the size maximums outlined in State ADU Law and Chapter 17.12.
C.
A detached accessory dwelling unit shall be limited to a height of sixteen feet.
D.
A detached accessory dwelling unit shall be located behind the rear building line of the primary residence.
E.
The color, material and texture of the roof, exterior walls, fenestration, and architectural feature of an accessory dwelling unit shall be architecturally compatible with the primary dwelling unit and adjacent properties. The roof pitch of a second unit shall match the roof pitch of the primary dwelling unit.
F.
Setbacks for Detached Accessory Dwelling Units. The side-yard and rear-yard setback for detached accessory dwelling units shall be no less than three feet in accordance with the Uniform Building Code. Accessory units higher than one story shall provide side yard setbacks of four feet and rear yard setbacks of four feet. If any portion of an accessory dwelling unit is located in front of the main building, then the front and side yard setbacks shall be the same as a main building in the zoning district. Accessory dwelling units are not eligible for variances to setbacks.
G.
No setback shall be required for an existing structure that is converted to an accessory dwelling unit unless it is required to provide sufficient fire safety as required by the City Code.
H.
Setbacks for a newly constructed attached accessory dwelling unit shall meet the same setbacks as the main building in the zoning district or four feet, whichever is less.
I.
Notwithstanding the requirements and standards above, accessory dwelling units that meet all of the following criteria shall be permitted on all residential zoning districts on a lot with an existing single-family or multifamily residence:
1.
The accessory dwelling unit is contained within a legally constructed existing space (i.e., a fully enclosed area, including a garage) of the primary dwelling or accessory structure.
2.
There is an independent exterior access from the existing residence.
3.
Side and rear setbacks are sufficient for fire safety.
4.
All applicable building and safety codes are met. Only one accessory dwelling unit and one junior accessory dwelling unit will exist on the site.
J.
The following standards apply only to junior accessory dwelling units:
1.
A junior accessory dwelling unit shall not be more than five hundred square feet in size and contained entirely within an existing or proposed single-family structure.
2.
The entrance to a junior accessory dwelling unit must be separate from the main entrance to the structure.
3.
A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(Ord. 1271, 4/23/2024)
§ 17.12.060 Parking requirements.
A.
One parking space shall be provided on site for the accessory dwelling unit. The on-site parking space required for the accessory dwelling unit may be provided as covered, uncovered, or as tandem parking on an existing driveway.
B.
Exception. No additional parking space is required for an accessory dwelling unit if it meets any of the following conditions:
1.
The accessory dwelling unit is located within one-half mile walking distance of public transit. Public transit includes various means of transportation that charge set fees, run on fixed routes, and are available to the public. (Gov. Code, § 65852.2(j)(9).)
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.
C.
Any on-site parking lost due to the conversion of a garage, carport or covered parking structure into an accessory dwelling unit cannot be replaced with off-street parking spaces (Gov. Code, § 65852.2(a)(1)(D)(xi).)
D.
An accessory dwelling unit shall share the driveway with the existing primary residence on the site. A second driveway shall only be allowed from an alley, if there is an alley that serves the subject site.
E.
No accessory building or structure shall block or otherwise prevent the entry of passenger vehicles to any garage.
Figure 17.12.060-A Back Up Triangle  |
(Ord. 1271, 4/23/2024)
§ 17.12.070 Impact fees.
A.
Accessory dwelling units up to seven hundred fifty square feet are exempt from impact fees; accessory dwelling units that are seven hundred fifty square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. (Gov. Code, § 65852.2(f)(3).)
B.
ADUs converted from existing space and JADUs shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling. ADU Law does not cover monthly charge fees. (Gov. Code, § 65852.2(f)(2).)
(Ord. 1271, 4/23/2024)
§ 17.12.080 Enforcement.
Upon application and approval, any enforcement action against a qualifying substandard ADU must be delayed for five years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency. (Gov. Code, § 65852.2(n); Health and Safety Code, § 17980.12).)
(Ord. 1271, 4/23/2024)
§ 17.12.090 Exceptions.
A.
Ministerial approval shall apply for building permit applications that satisfy the following standards.
1.
One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
a.
The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b.
The space has exterior access from the proposed or existing single-family dwelling.
c.
The side and rear setbacks are sufficient for fire and safety.
2.
Multiple accessory dwelling units within the 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 unit complies with state building standards for dwellings.
a.
One accessory dwelling unit within an existing multifamily dwelling is allowed up to twenty-five percent of the existing multifamily dwelling units.
3.
Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of sixteen feet and four-foot rear yard and side setbacks.
B.
An application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within sixty days. (Gov. Code, § 65852.2(a)(3).)
(Ord. 1271, 4/23/2024)
§ 17.12.100 Accessory buildings.
This section applies to accessory buildings not used for residential use.
A.
Generally. The location and use of accessory buildings or structures shall be governed by the following sections of this chapter.
B.
Common Walls. Where an accessory building or structure is attached to a main building by means of a common foundation, wall, roof or other means of attachment, the accessory building or structure shall be considered a portion of the main building and shall comply with all the regulations applicable to the main building.
C.
Use.
1.
An accessory building or structure shall not be used for any use not specifically permitted in the zone district in which the building or structure is located. No person shall occupy an accessory building or structure.
2.
An accessory building shall not include a kitchen, bedrooms, or shower/bathtub.
D.
Location and Lot Coverage in Residential Zones.
1.
The maximum size of an accessory building may not exceed seven hundred square feet.
2.
An accessory building or structure shall not be located within twenty feet of the front property line on interior lots or key lots. If the primary building or structure is setback more than twenty feet, the accessory building or structure shall not be located closer than the closest portion of the house to the front or side street property line.
3.
An accessory building or structure shall not be located within seventy-five feet of the front property line on corner lots or reversed corner lots.
4.
A detached accessory building or structure shall not cover more than thirty percent of the required rear yard.
E.
Setback for Residential Zones. No accessory building or structure in a residential zone shall be within three feet of a side or rear property line unless the accessory structure complies with the following construction standards:
1.
The accessory structure is constructed with one-hour fire resistant material;
2.
All drainage from the accessory structure is captured and transported within the boundaries of the lot upon which the accessory structure is located; and
3.
The accessory structure contains no doors, openings or windows on the side or sides of the structure within three feet of the side or rear property line.
(Ord. 1271, 4/23/2024)