ADUs or junior ADUs shall be permitted by the Community Development Director or designee upon determining that the application meets all of the following requirements.
(A) An ADU and junior ADU shall be permitted in the city's residential zones under the following circumstances:
Zone type | Existing Structures On-Site | # of ADUs Allowed | # of Junior ADUs Allowed |
Single-Family Zone | Single-Family Structure | One ADU | One Junior ADU |
Multi-Family Zone | Single-Family Structure | One ADU | One Junior |
Single-Family Zone | Multi-Family Structure | Two Detached ADUs and allow up to 25% of the existing multi-family units on the lot to provide an ADU within the existing dwelling units or one unit, whichever is greater(*,**) | None |
Multi-Family Zone | Multi-Family Structure | Two Detached ADUs and allow up to 25% of the existing multi-family units on the lot to provide an ADU within the existing dwelling units or one unit, whichever is greater(*, **) | None |
*Multi-family structures that are proposed to be developed with an ADU within the units must still comply with the minimum size of dwelling units set forth in § 153.107 of the SGMC. ** Portions of existing multi-family structures used as non-habitable space such as (boiler rooms, storage rooms, attics, basements, garages, laundry rooms, etc.) may be converted intoADUs. | |||
(B) The ADU shall not be sold, but may be rented. (ADUs shall be rented for terms longer than 30 days).
(C) ADU construction shall be in compliance with the regulations and requirements set forth in this chapter, including, but not limited to side and rear yard setbacks, building height, and parking requirements; the city would not be able impose standards related to lot coverage, floor area ratio, open space, or minimum lot size that would otherwise prohibit the creation of an ADU of at least 800 square feet. The ADU shall be constructed in accordance with provisions of the latest edition of building and other codes applicable to the city.
(D) A maximum of 850 square feet shall be allowed for a studio or one-bedroom detached ADU and a maximum of 1,000 square feet shall be allowed for a two-bedroom detached ADU. The square footage that is over 800 square feet shall be included in the maximum lot coverage and floor area ratio totals for the lot.
(E) When an ADU is attached to the existing primary dwelling unit, the maximum allowed size of that accessory dwelling unit shall be no more than 50% of the main dwelling size, or according to division (D), whichever is less.
(F) Second residential units that have been previously approved by the city and constructed with building permits may be converted up to the previously city-approved square footage allowance of 850 or 1,000 square feet, based on the number of bedrooms.
(G) A maximum of two bedrooms shall be allowed for an ADU.
(H) No additional setback would be required when an existing living area or accessory structure is demolished in order to construct an ADU in its place. The new ADU can be placed in the same location as the demolished structure as long as it contains the same dimensions as the structure that was demolished.
(I) A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The demolition of a detached garage that is to be replaced with an accessory dwelling unit shall not require written notice or posting of a placard, unless the property is located within an architecturally and historically significant district.
(J) The ADU may be metered separately from the main dwelling unit for gas, electricity, communications, water, and sewer services.
(K) Fire sprinklers are required in the ADU when existing or required to be provided in the primary unit. The construction of an ADU shall not require the installation of fire sprinklers in the existing primary dwelling unit.
(L) For fire safety purposes, new ADUs and junior ADUs may only be located on a residential lot that has at least a ten-foot wide fire lane within 150 feet of the subject property and a minimum fire flow of 1,000 gallons per minute. This restriction shall not apply to ADUs and JADUs that are exempt from going through a separate planning review, pursuant to division (M).
(M) A converted ADU shall comply with the following development standards:
(1) When an existing garage, carport, or covered parking structure is converted into an ADU, replacement parking spaces for the main dwelling unit shall not be required.
(2) No additional parking spaces are required for the space converted to an ADU.
(3) No setback is required for an existing legally permitted garage or accessory structure that is converted into a portion of an ADU.
(4) A converted ADU shall comply with the following design standards:
(a) When a garage is converted into an ADU, the garage door must be removed and replaced with either windows, a door, or other design features that are consistent with the overall architectural design of the ADU and the primary dwelling unit;
(b) The exterior design of the ADU shall match that of the main dwelling unit in term of building forms, materials used, color, exterior finishes, roof forms, and style of windows/doors. The ADU must retain the appearance of a single-family dwelling and shall be integrated into the design of the existing primary dwelling unit on the property or as determined by the Community Development Director or his or her designee;
(c) The design of an ADU shall be compatible with the architectural design of the primary dwelling unit in order to ensure long term compatibility regardless of whether the use of the ADU is continued or terminated. The separate entrance shall be located on the side or rear of the structure and whenever possible, located facing toward the interior yard areas. The additional entrance is prohibited from being located on the front of the primary dwelling unit. The second entrance shall be well lit and free of concealment from landscaping to assure safe entrance and exit for the occupants;
(d) All ADU facade elevations that are visible from the public right of way must provide either entries, windows, or other architectural features that are compatible with the existing primary dwelling unit;
(e) The main entrance of the ADU must face the same direction as the entrance for the primary dwelling unit or face the side property lines, whichever is more compatible to the neighborhood character as determined by the City Planner. An ADU entrance that is proposed to face an alley or rear property line is subject to review and approval by the City Planner;
(f) Shall conform to all single-family residential design guidelines adopted by the city; and
(g) The design and construction of each ADU shall conform to all applicable provisions of the Building Code. The ADU shall comply with all provisions of the code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the ADU will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.
(N) A constructed ADU, whether attached or detached (unless otherwise mentioned), shall comply with the following development standards.
(1) Detached units shall meet the required front yard setback in the applicable zone unless the applicant can demonstrate that the enforcement of the front yard setback on the subject property prohibits the creation of an 800 square-foot ADU.
(2) Construction of an ADU shall be allowed in designated historical districts; however, it must not be visible from the public-right-of-way.
(3) The unit shall not be more than 16 feet in height measured from the lowest adjoining grade to the highest point of the structure, except in any of the following circumstances:
(a) On a lot that is located within one-half of one mile walking distance of a major transit stop or high-quality transit corridor, as defined in § 21155 of the Public Resources Code, a maximum height of 18 feet along with an additional two feet in height to accommodate roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit shall be allowed.
(b) On a lot with an existing or proposed multi-family, multi-story dwelling, a maximum height of 18 feet shall be allowed.
(c) When an accessory dwelling unit is attached to a primary dwelling, a maximum height of 25 feet, not to exceed two stories, shall be allowed.
(4) A two-story detached ADU shall only be allowed when the creation of an 800 square-foot ADU cannot be achieved as a one-story, subject to building height and setback standards.
(5) Construction of new units over an existing residential unit or a non-habitable accessory structure are not permitted.
(6) The unit shall be set back a minimum of four feet from any side or rear lot line.
(a) When a garage or other accessory structure exists and is legally permitted with building permits, the existing legal non-conforming setback can be maintained. However, the required minimum side and rear yard setback of four feet shall still apply to any added square footage to the structure.
(7) The unit shall maintain six feet separation to any other accessory building or main building on the same building site. The six-foot distance shall be measured from the closest points of the building walls or structure walls. Additionally, a minimum of four feet shall be maintained between eave overhangs, chimneys, bay windows or any other architectural feature.
(8) The ADU may not be located in a way that would prohibit access to a designated parking area or impede safe ingress and egress from a required front, side, or rear setback.
(9) One parking space (provided as covered, uncovered, mechanical automobile parking lift, or tandem space on the existing driveway) is required per one bedroom or unit, whichever is less, except in any of the following circumstances:
(a) The ADU is located within one-half mile walking distance of public transit (measured by walking distance route);
(b) The ADU is located within an architecturally and historically significant historic district;
(c) When on-street parking permits are required to park in the city, but not offered to the occupant of the ADU;
(d) When there is a car share vehicle located within one block of the ADU; or
(e) When a permit application for an ADU is submitted with a permit application to create a new single-family or multi-family dwelling on the same lot, provided that the ADU or the parcel satisfy any other criteria listed in the above referenced exceptions.
(10) When the existing parking spaces for the primary unit are demolished in conjunction with the development of a constructed ADU, the replacement parking spaces for the main dwelling unit shall not be required.
(11) Constructed ADUs shall conform to the following design standards:
(a) The exterior design of the ADU shall match that of the main dwelling unit in term of building forms, materials used, color, exterior finishes, roof forms, and style of windows/doors. The ADU must retain the appearance of a single-family dwelling and shall be integrated into the design of the existing primary dwelling unit on the property or as determined by the Community Development Director or his or her designee;
(b) The design of an attached ADU shall be compatible with the architectural design of the primary dwelling unit in order to ensure long term compatibility regardless of whether the use of the ADU is continued or terminated. The separate entrance shall be located on the side or rear of the structure and whenever possible, located facing toward the interior yard areas. The additional entrance is prohibited from being located on the front of the primary dwelling unit. The second entrance shall be well lit and free of concealment from landscaping to assure safe entrance and exit for the occupants;
(c) All ADU facade elevations that are visible from the public right-of-way must provide either entries, windows, or other architectural features that are compatible with the existing primary dwelling unit;
(d) The main entrance of a detached ADU must face the same direction as the entrance for the primary dwelling unit or face the side property lines, whichever is more compatible to the neighborhood character as determined by the City Planner. An ADU entrance that is proposed to face an alley or rear property line is subject to review and approval by the City Planner;
(e) If attached to the garage, there shall be no direct access from the garage to the ADU;
(f) Shall be screened with a combination of trees, massed shrubbery, and ground plantings sufficient in the opinion of the City Landscape Architect to comply with the San Gabriel Municipal Code and city design guidelines;
(g) Shall conform to all single-family residential design guidelines adopted by the city and must be reviewed ministerially without a hearing and within the 60-day allowed time window; and
(h) The design and construction of each ADU shall conform to all applicable provisions of the Building Code. The ADU shall comply with all provisions of the code pertaining to the adequacy of water, sewer, electrical, drainage, and fire and emergency services to the property on which the ADU will be located as well as all applicable codes pertaining to building, fire, health, and/or safety.
(O) Upon issuance of a building permit for an ADU, a covenant shall be recorded with the County of Los Angeles in a form approved by the city prior to recordation. The following declaration will be binding on all future owners of the parcel:
(1) The ADU may not be sold separately from the primary dwelling unit unless certain conditions are met according to Cal. Gov't Code § 65852.26; and
(2) The unit may not be rented out for a term of less than 30 days.
(P) All of the provisions of this section shall apply to a junior ADU unless otherwise stated in the following:
(1) A junior ADU is limited to a maximum of 500 square feet.
(2) One junior ADU is allowed per residential zoned property that has a single-family dwelling unit.
(3) A junior ADU must be built within the primary residence.
(4) The junior ADU must be constructed within the existing walls of the structure and must include an existing bedroom.
(5) The junior ADU must provide a separate entrance from the entrance that is provided for the main dwelling unit.
(6) The junior ADU may include an expansion of not more than 150 square feet beyond the same dimensions of the existing accessory structure. This expansion shall be limited to accommodating ingress and egress.
(7) The junior ADU shall require the recordation of a deed restriction, which shall run with the land, shall be filed with the city, and shall include the following:
(a) Require owner-occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization;
(b) A prohibition on the sale of the junior ADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and
(c) A restriction on the size and attributes of the junior ADU that conforms with this section.
(8) The junior ADU must provide an efficiency kitchen, which shall include the following:
(a) A cooking facility with appliances; and
(b) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(9) Additional parking may not be required as a condition to allow a junior ADU.
(10) An inspection, including the imposition of a fee for that inspection to determine whether the junior ADU is in compliance with applicable building standards may be required at any time after the junior ADU has been built.
(11) For the purposes of any fire or life protection ordinance or regulation, a junior ADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior ADU or not.
(12) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(13) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior ADU, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior ADU.
(Q) The city shall ministerially approve an application to move forward with the building plan check process if the following criteria is met:
(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 150 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; and
(d) The junior accessory dwelling unit complies with the requirements of Cal. Gov't Code § 65852.22.
(2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in division (Q)(1).
(a) The detached ADU is limited to 800 square feet and a maximum height of 16 feet.
(3) Multiple accessory dwelling units within the portions of existing multi-family 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) The city shall allow at least one accessory dwelling unit within an existing multi-family dwelling and shall allow up to 25% of the existing multi-family dwelling units.
(4) Not more than two accessory dwelling units that are located on a lot that has an existing multi-family dwelling, but are detached from that multi-family dwelling and are subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
(R) The owner of any permitted senior housing unit may file an application to have such unit approved as an ADU pursuant to this section and eliminate the conditional use permit. The application shall be granted if the senior housing unit meets all of the requirements of this section.
(S) The city shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or a junior ADU, the correction of non-conforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or junior ADU.
(T) Impacts fees shall not be charged for an ADU that is less than 750 square feet. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit or the number of its drainage fixtures.
(U) The Public Works Department shall determine address assignments for new ADUs/junior ADUs and shall verify any public easements and land dedications required by the San Gabriel Municipal Code.
(V) All existing conditional use permits and existing permits for ADUs (formerly second residential units or senior housing units) shall remain subject to conditions imposed thereon at the time such permits were granted, except that any condition that limits the occupants of a permitted unit to certain named persons, or certain classes of persons, or which requires the permittees to identify the residents of the unit to the city by name, or to obtain a new permit for the purpose of authorizing a new resident, shall not longer be applicable.
(W) The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multi-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit, the permitting agency shall, within the time period described, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(X) A permit application for an ADU or a junior ADU shall be considered and approved ministerially without discretionary review or a hearing. The city shall approve or deny the application to create an ADU or a junior ADU within 60 days from the date that the city receives a completed application if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create an ADU or a junior ADU is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay approving or denying the permit application for the ADU or the junior ADU until the city approves or denies the permit application to create the single-family dwelling, but the application to create the ADU or the junior ADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved.
(Y) In enforcing building standards pursuant to Article 1 (commencing with § 17960) of Chapter 5 of Part 1.5 of Division 13 of the Cal. Health and Safety Code for an accessory dwelling unit described in divisions (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with § 17980.12 of the Cal. Health and Safety Code:
(1) The ADU was built before January 1, 2020;
(2) The ADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.
(Z) Any person proposing to develop an ADU and/or junior ADU must submit the following materials to the Planning Division:
(1) A complete application form;
(2) Site plan, floor plan, elevations, pictures, and such materials as may be deemed necessary by the City Planner to make a determination on the application;
(3) A copy of the property deed establishing the identity of the owner of record for the property; and
(4) The applicable site plan review fee in accordance with the City of San Gabriel adopted citywide fee schedule in effect at the time that the application is submitted. An application shall not be deemed complete until all necessary information has been provided.
(Ord. 466-C.S., passed 11-5-96; Am. Ord. 534-C.S., passed 6-17-03; Am. Ord. 544-C.S., passed 8-17-04; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 644-C.S., passed 6-19-18; Am. Ord. 653, passed 10-1-19; Am. Ord. 661, passed 1-7-20; Am. Ord. 662, passed 1-21-20; Am. Ord. 706, passed 5-7-24)
Penalty, see § 153.999