(A) Accessory dwelling units. In accordance with the regulations and standards set forth in this section, accessory dwelling units 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 residential dwelling in any Residential Zone as indicated in Table 153.040.020 and in any Mixed-Use Zone as indicated in Table 153.070.020 of this chapter, and as otherwise set forth in § 153.120.360(A)(1). Accessory dwelling units shall, however, be subject to the ministerial permit requirements set forth in § 153.120.360(B).
(B) Ministerial permit(s) required. No person shall cause, allow, or suffer the erection, conversion, establishment, maintenance, use, or occupancy of any accessory dwelling unit without having first obtained the required permit(s) as set forth in this section.
(1) Building standards permit(s) only. The following accessory dwelling units may be constructed, converted, or established subject to the acquisition of a building permit and corresponding electrical, plumbing, and mechanical permits (and all required inspections and approvals) without the need for a ministerial accessory dwelling unit permit as set forth in § 153.120.360(B)(2).
(a) Single-family dwelling.
1. One accessory dwelling unit located entirely within a proposed or existing single-family dwelling or accessory structure subject to each and all of the following limitations and requirements:
a. No detached accessory dwelling unit exists or is proposed to exist on the lot or parcel;
b. The accessory dwelling unit has exterior access from the proposed or existing single-family dwelling;
c. The side and rear setbacks are sufficient for fire and safety, as determined by the building official and/or fire department, where safety will require, at a minimum, compliance with § 153.120.360(D)(1)(e) of this Code;
d. If the accessory dwelling unit is located or proposed to be located within an accessory structure, the accessory structure may be expanded up to 150 square feet beyond the same physical dimensions as the existing accessory structure for the sole purpose of accommodating ingress and egress.
2. One newly constructed, detached accessory dwelling unit on a lot with a proposed or existing single-family dwelling (irrespective of the existence of a junior accessory dwelling unit erected, converted, established, and maintained in accordance with § 153.120.370 of this Code) subject to each and all of the following limitations and requirements:
a. No accessory dwelling unit exists or is proposed to exist within a proposed or existing single-family dwelling or accessory structure on the lot or parcel;
b. The side and rear yard setbacks are at least four feet;
c. The total floor area is 800 square feet or smaller; and
d. The maximum building height does not exceed 16 feet – as measured in accordance with § 153.130.040 of this Code.
(b) Multifamily dwellings.
1. 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, subject to each and all of the following limitations and requirements:
a. No detached accessory dwelling unit exists on the lot or parcel;
b. The number of accessory dwelling units shall not exceed 25% of the lawfully established multifamily dwelling units existing on the lot or parcel (with the maximum number rounding down to the nearest whole number, with the minimum being one); and
c. Each accessory dwelling unit shall comply with state building standards for dwellings.
2. Not more than two accessory dwelling units detached from an existing multifamily dwelling subject to each and all of the following limitations and requirements:
a. No accessory dwelling unit exists within portions of an existing multifamily dwelling structures on the lot or parcel;
b. The building height of any detached accessory dwelling unit shall not exceed 16 feet – as measured in accordance with § 153.130.040 of this Code; and
c. The minimum rear and side-yard setback of any detached accessory dwelling unit shall be at least four feet;
(2) Ministerial accessory dwelling unit permit. All accessory dwelling units that do not meet the criteria for a building standards permit(s) only as set forth in § 153.120.360(B)(1) may be constructed or converted subject to the acquisition of a ministerial accessory dwelling unit permit as set forth in this section, as well as corresponding building, electrical, plumbing, and mechanical permits (and all required inspections and approvals). Accessory dwelling units subject to a ministerial accessory dwelling unit permit shall adhere to the ministerial development standards set forth in § 153.120.360(D)(2).
(3) Ministerial plan check.
(a) Plan submission. In order to obtain any required ministerial accessory dwelling unit permit or required building, electrical, plumbing, or mechanical permits for an 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:
1. A fully dimensioned site plan containing the following information pertaining to the property upon which the accessory dwelling unit is proposed to be established:
a. Name and address of the applicant and of all persons owning any or all of the property;
b. Evidence that the applicant is the owner of the property or otherwise has the written permission of the owner(s);
c. Address and assessor parcel number of the property;
d. Property dimensions and square footage of the property;
e. The use, location, size of all existing buildings and structures on the property and the proposed accessory dwelling unit, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features;
2. A fully dimensioned floor plan of the existing primary dwelling and the proposed accessory dwelling unit;
3. A roof plan for all existing and proposed structures;
4. A set of fully dimensioned building elevations of all sides of existing structures on the property and the proposed accessory dwelling unit.
(b) Action upon application.
1. An application for a ministerial accessory dwelling unit permit or for required building, electrical, plumbing, or mechanical permits for an accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing.
2. The city shall act upon any application for ministerial permits for the establishment of an 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.
a. If the application to establish an 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.
b. If the applicant requests a delay, the 60-day period shall be tolled for the requested delay.
(4) Revocation of building standards permit(s) 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 accessory dwelling unit in accordance with the provisions of the Baldwin Park Building Code or other applicable provision(s) of the Baldwin Park Municipal Code.
(5) Revocation of ministerial accessory dwelling unit permit.
(a) Revocation. The City Planner may revoke a ministerial accessory dwelling unit permit upon a finding of any of the following grounds.
1. The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a ministerial accessory dwelling unit permit;
2. The accessory dwelling unit does not adhere to all limitations and requirements for the establishment, use, occupancy, or maintenance of the accessory dwelling unit as set forth in this section.
(b) Notice of revocation. Upon determining that a ground for revocation exists to revoke a ministerial accessory dwelling unit permit, the City Planner shall serve a written notice of revocation upon the permittee and current owner of the property on which the accessory dwelling unit is located. The notice of revocation shall include, at a minimum, the following information:
1. The address of the property on which the accessory dwelling unit is located;
2. The name of the owner of the property on which the accessory dwelling unit is located;
3. The ministerial accessory dwelling unit permit number that is being revoked;
4. The date of revocation;
5. The ground(s) for revocation; and
6. A statement that the permittee or current owner of the property on which the accessory dwelling unit is located has the right to challenge the revocation of the ministerial accessory dwelling unit permit by filing a request to appeal on a city-approved form within ten calendar days of service of the notice of revocation.
(c) Appeal hearing. Within 60 calendar days of any timely received request to appeal, a hearing officer approved by the Chief Executive Officer of the city shall conduct a hearing to determine if a ground for revocation as set forth in § 153.120.360(B)(5)(a) exists.
1. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish the existence of a ground for revocation by a preponderance of the evidence. The issuance of a notice of revocation shall constitute prima facie evidence of the existence of a ground for revocation. The city and appellant shall have the opportunity to present evidence (testimonial, documentary, or otherwise) at the hearing, as well as to cross-examine any witness providing evidence at the hearing. The city may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording.
2. If the appellant fails to appear for the appeal hearing, the request for appeal shall be deemed withdrawn by the appellant and a waiver of the right to appeal the notice of revocation. In such instance, the hearing officer shall cancel the appeal hearing.
3. Within 30 calendar days of the conclusion of the appeal hearing, the hearing officer shall issue determine whether any of the grounds set forth in the notice of revocation exists, and shall serve the appellant with a written decision on appeal. Notwithstanding any provision of the Baldwin Park Municipal Code to the contrary, the decision of the hearing officer is a final, conclusive, and binding administrative decision.
(d) Service. Any notice required by this section to be served upon the permittee may be served either via personal delivery or by First Class Mail at the address listed on the ministerial accessory dwelling unit permit application. Any notice required by this section to be served upon the owner of the property on which the accessory dwelling unit is located shall be served upon the property owner either via personal delivery or by First Class Mail at the mailing address on the last equalized assessment roll of the Los Angeles County Assessor’s Office or to any other address provided by the owner.
1. The date of service shall be the date the notice is personally delivered or placed in a U.S. Postal Service receptacle. Failure of any party to receive a properly addressed notice by mail shall not invalidate any action or proceeding pursuant to this section.
(C) Density. Except as otherwise provided in this section, no more than one accessory dwelling unit is allowed on a property. Accessory dwelling units established, maintained, and occupied in compliance with § 153.120.360 of this Code shall not be calculated as part of the allowable density for the lot upon which it is located.
(D) Development standards. Unless stated in this section or Cal. Government Code § 65852.2 (as that section may be amended from time to time), all other development standards applicable within the zone in which the accessory dwelling unit is located or proposed to be located shall apply, including, but not limited to, setbacks, building height, and minimum distance between structures.
(1) All accessory dwelling units shall adhere to the following requirements and limitations.
(a) Building standards. All 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.
1. Fire sprinklers. Fire sprinklers shall be required in any accessory dwelling unit if fire sprinklers are required in the primary dwelling unit.
(b) Habitability. All accessory dwelling units shall be fully habitable, and shall at a minimum meet all requirements for an efficiency unit as defined by § 1207.4 of the Cal. Building Code or § 17958.1 of the Cal. Health and Safety Code, as those sections may be amended from time to time.
(c) Mechanical equipment. All new mechanical equipment associated with a newly constructed accessory dwelling unit shall be located on the ground no less than four feet from the side and rear property lines. Any existing equipment located on the roof or exterior walls of the existing primary dwelling unit or accessory structure shall be provided with a decorative screen to shield such equipment from view and shall be placed at least six inches below the top of the lowest building parapet or decorative screen. No pluming line shall be placed upon the exterior wall of a structure unless such line is enclosed or otherwise screened from view.
(d) Design standards – architectural features. A newly constructed accessory dwelling unit shall incorporate the same or similar architectural features, building materials, and color as the primary dwelling unit on the property. These features shall include, but shall not be limited to, roofing material, roof design, fascia, exterior building finish, color, exterior doors and windows including but not limited to ratios of window dimensions (e.g., width to height) and window area to wall area, garage door and architectural enhancements.
(e) Clear cross visibility on corner lots and reversed corner lots. In order to ensure clear visibility and to safeguard vehicle operators, cyclists, and pedestrians, newly constructed accessory dwelling units on corner lots and reversed corner lots in all zones of the city shall maintain clear cross visibility as required by § 153.130.090 of this Code or any other provision of this Code.
(2) All accessory dwelling units that require a ministerial accessory dwelling unit permit shall adhere to each of the development standards set forth in this division. The development standards set forth in this division shall supersede any conflicting development standard(s) provided elsewhere in this Code for the zone in which the accessory dwelling unit is located or proposed to be located.
(a) Lot and unit size requirements – single-family dwelling.
1. New construction. The following lot and unit floor area regulations apply to all newly constructed accessory dwelling units on lots with existing or proposed single-family dwellings.
Lot Size in Square Feet | Maximum Allowable Floor Area of Any ADU Attached to Existing Primary Dwelling | Maximum Allowable Floor Area of Any ADU Detached from Existing Primary Dwelling |
5,000 or less | 850 sf for ADU with 1 or less bedroom 1,000 sf for ADU with more than 1 bedroom | 850 sf for ADU with 1 or less bedroom 1,000 sf for ADU with more than 1 bedroom |
5,001 - 8,000 | 850 sf for ADU with 1 or less bedroom 1,000 sf for ADU with more than 1 bedroom | 1,000 sf |
8,001 and over | 850 sf for ADU with 1 or less bedroom 1,200 sf for ADU with more than 1 bedroom | 1,200 sf |
2. Existing construction. There shall not be any floor area limitation for any accessory dwelling unit constructed within the proposed space of a single-family dwelling or within the existing walls of a single-family dwelling or of an accessory structure.
a. An existing accessory structure may be expanded up to 150 square feet beyond the same physical dimensions of the existing accessory structure only to accommodate ingress and egress to the accessory dwelling unit.
b. An accessory dwelling unit proposed within an existing accessory structure that expands the accessory structure beyond 150 square feet shall be subject to the lot and floor area limitations set forth in § 153.120.360(D)(2)(a).
(b) Location. All newly constructed accessory dwelling units shall be located as set forth herein.
1. Single-family dwellings. Each newly constructed detached accessory dwelling unit shall be located within the rear 50% of the lot. Each newly constructed attached accessory dwelling unit shall be located to the rear of the front elevation of the existing single- family dwelling unit.
2. Multifamily dwellings. Each newly constructed detached accessory dwelling unit shall be located to the rear of the rear elevation of the existing primary dwelling unit nearest to the front yard.
(c) Setbacks.
1. Single-family dwellings.
a. No rear and side yard setback shall be required for an accessory dwelling unit that is converted from any of the following, unless the Building Official or Fire Department determine that setbacks are required for fire and/or life-safety:
(i) An existing living area;
(ii) An existing accessory structure;
(iii) A structure constructed in the same location and to the same dimensions as an existing structure.
b. All other accessory dwelling units shall maintain a minimum rear and side-yard setback of four feet.
c. The setbacks for any reverse-corner lot shall be the same as otherwise required by this Code for the zone in which the lot exists.
2. Multifamily dwellings.
a. No rear and side-yard setback shall be required for an accessory dwelling unit that is converted from any of the following, unless the Building Official or Fire Department determine that setbacks are required for fire and/or life-safety:
(i) An existing area of a multifamily dwelling that is not used as living space;
b. All detached accessory dwelling units shall maintain a minimum rear and side-yard setback of four feet.
c. The setbacks for any reverse-corner lot shall be the same as otherwise required by this Code for the zone in which the lot exists.
(d) Clear cross visibility on corner lots and reversed corner lots. In order to ensure clear visibility and to safeguard vehicle operators, cyclists, and pedestrians, newly constructed accessory dwelling units on corner lots and reversed corner lots in all zones of the city shall maintain clear cross visibility as required by § 153.130.090 of this Code or any other provision of this Code.
(e) Maximum height. Each newly constructed attached or detached accessory dwelling unit shall be limited in height to one story, with a maximum height not to exceed 16 feet – as measured in accordance with § 153.130.040 of this Code. The roof style and pitch shall match the primary dwelling unit.
(E) Parking.
(1) New parking.
(a) One off-street parking space shall be provided for each accessory dwelling unit, in addition to any other parking required for all other dwelling units. Off-street parking may be configured as tandem parking or may be located within the rear setback area of a lot, unless such parking is determined to not be feasible based upon the specific site or regional topographical or fire and life safety conditions.
1. No additional parking spaces shall be required for any accessory dwelling unit in any of the following instances:
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;
c. The accessory dwelling unit is part of the 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.
2. Each standard surface parking space shall have a minimum width of ten feet, unless it is adjacent to a structure, such as a fence or wall, and then shall have a minimum width of ten feet six inches; shall have a minimum length of 20 feet; be located so that an automobile is not required to back onto a public street; and maintain at least 24 feet of backup space directly behind each parking space.
3. Each parallel surface parking space shall have a minimum width of ten feet and a minimum length of 23 feet.
4. Each enclosed garage parking space shall have a minimum width of ten feet and a minimum length of 20 feet.
(2) Replacement parking.
(a) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the previously existing parking spaces do not need to be replaced.
1. If an accessory dwelling unit that resulted in a reduction or elimination of off-street parking otherwise required by this Code is removed or eliminated, all off-street parking required by this Code at the time the accessory dwelling unit is to be eliminated shall be provided concurrently with the elimination of the accessory dwelling unit.
(3) Vehicular access. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the accessory dwelling unit has access from an alley contiguous to the lot.
(F) Occupancy and sale restrictions.
(1) Owner-occupancy. An owner, as defined in § 153.120.350(C) of this Part, of the real property upon which an accessory dwelling unit is created shall reside either within the primary dwelling unit or in the accessory dwelling unit at all times.
(a) Exception. An accessory dwelling unit for which the required ministerial accessory dwelling unit permit and/or building standards permit(s) has been issued between January 1, 2020 and December 31, 2024, and for which a certificate of occupancy is issued prior to the expiration of the accessory dwelling unit permit and/or building standards permit(s), shall not be subject to the owner-occupancy requirements set forth in § 153.120.360(F)(1).
(2) Sale. An accessory dwelling unit may not be sold separately from the primary dwelling unit(s) on the parcel or lot upon which the accessory dwelling unit exists.
(3) Rental. The 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 an accessory dwelling unit and/or the issuance of a certificate of occupancy for an 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 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 accessory dwelling unit separate from the sale of the primary dwelling unit;
2. Declaration that the 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 accessory dwelling unit to that which conforms to this section;
4. Declaration that the accessory dwelling unit adheres to 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;
5. Declaration that upon elimination of any accessory dwelling unit that resulted in a reduction or elimination of off-street parking otherwise required by this Code, all off-street parking required by this Code at the time the accessory dwelling unit is to be eliminated shall be provided concurrently with the elimination of the accessory dwelling unit;
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 accessory dwelling unit (and restores any off-street parking spaces as required by § 153.120.360(E)(2)(a)1. all required city approvals, permits, and inspections to the satisfaction of the city.
(Ord. 1464, passed 11-17-21)