(A) Junior accessory dwelling units. In accordance with the regulations and standards set forth in this section, one junior accessory dwelling unit shall be permitted as a matter of right, without any required discretionary review or discretionary permit, on any parcel of property with an existing or proposed single-family residential dwelling in any single-family residential zone as indicated in Table 153.040.020.
(1) Junior accessory dwelling units are prohibited on all properties with more than one single-family dwelling on the lot or proposed to be erected on the lot. A lawfully established detached accessory dwelling unit shall not be deemed a single-family dwelling unit for purposes of this section.
(B) Ministerial building standards permit(s) required. No person shall cause, allow, or suffer the erection, conversion, establishment, maintenance, use, or occupancy of any junior accessory dwelling unit without having first obtained a building permit and corresponding electrical, plumbing, and mechanical permits (and all required inspections and approvals) in accordance with this section.
(1) Ministerial plan check. In order to obtain any required building, electrical, plumbing, or mechanical permits for a junior accessory dwelling unit, all persons shall submit an application (and all corresponding fees as set forth by Council Resolution) to the Community Development Department demonstrating compliance with the requirements of this section and containing, at a minimum, the following information.
(a) A fully-dimensioned site plan containing the following information pertaining to the property upon which the junior accessory dwelling unit is proposed to be established:
1. Name and address of the applicant and of all persons owning any or all of the property;
2. Evidence that the applicant is the owner of the property or otherwise has the written permission of the owner(s);
3. Address and assessor parcel number of the property;
4. Property dimensions and square footage of the property;
5. The use, location, size of all existing buildings and structures on the property and the proposed junior accessory dwelling unit, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features.
(b) A fully dimensioned floor plan of the existing primary dwelling and the proposed junior accessory dwelling unit.
(2) Action upon application.
(a) An application for required building, electrical, plumbing, or mechanical permits for a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing.
(b) The city shall act upon any application for ministerial permits for the establishment of a junior accessory dwelling unit within 60 calendar days from the date a completed application (with all supporting material and fees) has been received by the city.
1. If the application to establish a junior accessory dwelling unit is submitted with an application to create a new single-family dwelling on the lot, the city is authorized to delay action upon any permits for the accessory dwelling unit until the city acts upon the application for the single-family dwelling.
2. If the applicant requests a delay, the 60-day period shall be tolled for the requested delay.
(3) Revocation of building standards permit and/or certificate of occupancy. The Building Officials shall have the authority to revoke any building, electrical, plumbing, or mechanical permit, or any certificate of occupancy, for an junior accessory dwelling unit in accordance with the provisions of the Baldwin Park Building Code or other applicable provision of the Baldwin Park Municipal Code.
(C) Density. No more than one junior accessory dwelling unit shall be permitted on any parcel of property. The junior accessory dwelling unit shall not be calculated as part of the allowable density for the lot upon which it is located.
(1) A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of providing service for water, sewer, or power.
(D) Development standards. All junior accessory dwelling units shall adhere to the following requirements and limitations.
(1) Building standards. All junior accessory dwelling units, and all electrical, plumbing, and mechanical systems, fixtures, and equipment in connection therewith, shall comply with all applicable Building Standards – including minimum room sizes as set forth in the California Residential Code.
(2) Location. A junior accessory dwelling unit shall be constructed within the walls of an existing single-family dwelling or attached garage, or within the walls of a proposed single-family dwelling.
(3) Unit size requirement. A junior accessory dwelling unit shall not exceed 500 square feet in size.
(4) Cooking facilities required. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include, at a minimum, all of the following:
(a) A kitchen sink;
(b) Cooking facility with appliances as required for an efficiency unit pursuant to Cal. Health and Safety Code § 17958.1 and Cal. Building Code § 1207.4 (or any subsequent amendments thereto); and
(c) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(5) Sanitation facilities. Junior accessory dwelling units may share sanitation facilities with the existing single-family residence.
(6) Separate entrance required. A junior accessory dwelling unit shall include an exterior entrance that is separate from the main entrance to the proposed or existing single-family dwelling.
(a) If the junior accessory dwelling unit shares sanitation facilities with the existing single-family residence, the junior accessory dwelling unit shall also be accessible from the main living area of the primary single-family residence.
(E) Parking. Although no additional parking shall be required for the establishment of a junior accessory dwelling unit, the establishment of a junior accessory dwelling unit shall not result in a decrease of off-street parking spaces as required by § 153.150.040 of this Code.
(1) If a junior accessory dwelling unit is proposed within a garage attached to single-family dwelling, the applicant shall replace any corresponding parking space in accordance with the provisions of § 153.150 of this Code.
(F) Occupancy and sale restrictions.
(1) Owner-occupancy. The owner of the property on which a junior accessory dwelling unit is established shall reside either within the junior accessory dwelling unit or the remaining portion of the single-family residence.
(a) Owner-occupancy shall not be required if the owner of the property is another governmental agency, land trust, or housing organization.
(2) Sale. A junior accessory dwelling unit may not be sold separately from the primary single-family residence.
(3) Rental. The junior accessory dwelling unit shall not be rented for any term or period of 30 consecutive calendar days or less. If the accessory dwelling unit is rented, the owner shall obtain and maintain a current and valid business license, in accordance with § 111.03 of this Code.
(4) Deed restriction.
(a) Prior to the occupancy of a junior accessory dwelling unit and/or the issuance of any certificate of occupancy for a junior accessory dwelling unit, the owner shall cause a deed restriction, in a form approved by the City Attorney’s Office, to be recorded in the County Recorder’s Office and a copy to be filed with the Planning Division. The deed restriction shall run with the land and bind all future owners. The deed restriction shall include, at a minimum, the following:
1. Declaration prohibiting the sale of the junior accessory dwelling unit separate from the sale of the primary single-family residence;
2. Declaration that the junior accessory dwelling unit shall not be rented for any term or period of 30 consecutive calendar days or less;
3. Declaration restricting the size, attributes, and uses of the junior accessory dwelling unit to that which conforms to this section;
4. Declaration that the owner of the property on which the junior accessory dwelling unit exists or is proposed to exist shall reside either within the junior accessory dwelling unit or the remaining portion of the single-family residence at all times;
5. Declaration that the junior accessory dwelling unit adheres all requirements of the Baldwin Park Municipal Code – including this section, and that it will be maintained, used, and occupied in compliance with the requirements of the Baldwin Park Municipal Code – including this section;
6. Declaration that all of the above deed restrictions may be enforced against future property owners; and
7. Other declarations as deemed necessary by the City Planner to ensure compliance with the requirements and restrictions of this section.
(b) The deed restriction may be removed, with city approval, if the owner eliminates the junior accessory dwelling unit with all required city approvals, permits, and inspections to the satisfaction of the city.
(Ord. 1464, passed 11-17-21)