(A) Intent. In enacting this section, it is the intent of the city to encourage the provision of accessory dwelling units to meet a variety of economic needs within the city and to implement the goals, objectives, and policies of the housing element of the general plan. Accessory dwelling units provide housing for extended family members, students, the elderly in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create accessory dwelling units can benefit from added income, and an increased sense of security. Allowing accessory dwelling units in residential zones provides needed additional rental housing. This section provides the requirements for the establishment of accessory dwelling units consistent with Cal. Government Code § 65852.2.
(B) Interpretation. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with State law, the mandatory requirement of State law shall control, but only to the extent legally required.
(C) Applications.
(1) Administrative Review. All accessory dwelling unit applications shall be ministerially approved by the Director of Planning and Development, or his/her designee, and a permit issued within 60 days upon receipt of a completed application complying with the standards and criteria set forth in this section. If an application for accessory dwelling unit is denied within those 60 days, the applicant will be provided with a list of defective items and description of how the deficiencies can be remedied. If the application is neither approved nor denied within the 60 days after a complete application is submitted, the application is deemed approved. If the accessory dwelling unit is being proposed in conjunction with a new single-family dwelling, the Director may delay acting on the accessory dwelling unit permit application until the city acts on the permit application for the new single-family dwelling. If the applicant requests a delay, the city shall grant a delay and the 60-day period for consideration will be tolled for the period of the requested delay.
(2) Fees. Applications for an accessory dwelling unit shall be accompanied by an application fee and shall be subject to applicable inspection and permit fees.
(D) Accessory dwelling unit standards. The following standards and criteria shall apply to the creation of an accessory dwelling unit:
(1) Allowable zones. The accessory dwelling unit shall be allowed only on a lot or parcel that is zoned for single family residential, multifamily residential or mixed use with an existing or proposed residential dwelling.
(2) Number of ADUs.
(a) There shall not be more than one ADU, and one JADU within the walls of the existing or proposed residence, per lot or parcel that is zoned for single family residential use.
(b) On a lot with existing multifamily dwelling structures, at least one unit and up to 25% of the total multifamily dwelling units are allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.
(c) On a lot with an existing or proposed multifamily dwelling, not more than two detached units, subject to the height limitation set forth in subsection (D)(7), and at least a four-foot side and rear yard setback. The maximum square footage shall comply with the limits set forth in § 155.644(D)(5). The city shall not require any modifications to an existing multifamily dwelling that has a rear or side yard setback of less than four feet if the proposed accessory dwelling unit satisfies the provisions of this subsection.
(3) Conformance with zoning and General Plan. An accessory dwelling unit that conforms to the development standards of this section is deemed to be an accessory use and/or structure and will not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to conform to the zoning and General Plan.
(4) Allowable forms. The accessory dwelling unit may be attached to or detached from the primary residential dwelling or located within an existing or proposed single-family residence, including a garage, or an accessory structure.
(5) Floor area standards.
(a) The detached or attached accessory dwelling unit with one or less bedroom shall not exceed a total floor area of 850 square feet.
(b) The detached or attached accessory dwelling unit with more than one bedroom shall not exceed a total floor area of 1,200 square feet.
(c) The minimum floor area for an accessory dwelling unit shall be 150 square feet.
(6) Setback standard.
(a) The accessory dwelling unit shall comply with the front setback standard applicable to the specific zone in which it is located, unless doing so would prohibit the construction of at least an 850 square foot accessory dwelling unit. The first priority placement shall be in the rear of a property, developed in compliance with the required setbacks. If proposed at the front of a property, the front setback shall be maximized to the extent allowed within these requirements. Notwithstanding any other provision in this section, an accessory dwelling unit that encroaches into the front yard setback shall be limited to a total of eight hundred square feet.
(b) The accessory dwelling unit shall be set back no less than four feet from the side and rear property lines.
(c) Notwithstanding any other provision of this section, no setback shall be required for an existing permitted living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. A setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(7) The height of an accessory dwelling unit shall be as follows:
(a) A detached accessory dwelling unit on a lot with an existing proposed single family or multifamily dwelling unit shall not be greater than 16 feet in height.
(b) A detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Public Resources Code Section 21155, shall not be greater than 18 feet in height. Two additional feet in height is allowed to accommodate roof pitch of the accessory dwelling unit to align with the roof pitch of the primary dwelling unit.
(c) A detached accessory dwelling unit on a lot with an existing or proposed multifamily multistory dwelling shall not be greater than 18 feet in height.
(d) For an accessory dwelling unit that is attached to a primary dwelling, an accessory dwelling unit shall not be higher than 25 feet or the height of the primary dwelling, whichever is lower.
(e) An accessory dwelling unit shall not exceed two stories.
(8) Location. The attached or detached accessory dwelling unit shall be located within, or if outside of the existing walls of the existing or proposed primary residence, preferably to the rear, or to the side of the existing or proposed primary residence unless the accessory dwelling unit is being constructed in the exact location and to the same dimensions as an existing accessory structure, including an attached or detached garage.
(9) Regulating code. The accessory dwelling unit shall comply with all building, safety, fire and health codes, and all other applicable laws and regulations. Accessory dwelling units are not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit.
(10) Manufacturing ADUs. Manufactured housing, factory-build ADUs, and modular ADUs are allowed in compliance with the provisions herein and Cal. Health and Safety Code § 18007; however, mobile homes, trailers and recreational vehicles shall not be used as accessory dwelling units.
(11) Parking. In addition to all other required off-street parking, parking requirements for accessory dwelling units shall not exceed one space per unit. Parking may also be located in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that such parking is infeasible based upon specific site or regional topographical or fire and life safety conditions. Mechanical parking lifts may also be used for replacement parking.
(12) Replacement parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of or conversion to an accessory dwelling unit, no replacement parking shall be required. Additionally, no parking shall be required for an 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.
(f) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.
(13) Rentals and separate sale of ADUs. The accessory dwelling unit and the primary residential dwelling may be rented concurrently provided that the term of the rental is at least 31 days or more. An accessory dwelling unit may be sold or conveyed separately from the primary residence, only if:
(a) The accessory dwelling unit is sold to a qualified buyer, including persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code, and all of the following apply:
(I) The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, one that is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no- interest loan program.
(II) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(III) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
(B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(C) A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(D) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(E) The tenancy in common agreement shall include all of the following:
(i) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
(ii) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
(iii) Procedures for dispute resolution among the parties before resorting to legal action.
(IV) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(V) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility.
(14) Rentals and tenure. The accessory dwelling unit and the primary residential dwelling may be rented concurrently provided that the term of the rental is at least 31 days or more, but the accessory dwelling unit shall not be sold or owned separately from the primary dwelling, unless the owner is another governmental agency, land trust, housing organization, or qualified non-profit.
(15) Utility connection or capacity charges. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.
(a) For attached units or units located within the proposed or existing single- family dwelling and meeting the definition of § 155.644(F)(1)(a) below, the city shall not require the applicant to install a new or separate utility connection between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. Such requirements and charges may be imposed when the accessory dwelling unit is being constructed in connection with a new single-family residential dwelling.
(b) For all other accessory dwelling units other than those described in § 155.644(D)(15)(a) above, the city may require a new or separate utility connection directly between the accessory dwelling unit and the utility. The connection fee or capacity charge shall be proportionate in relation to the square footage of the primary dwelling unit, and may not exceed the reasonable cost of providing the water or sewer service.
(16) Impact fees.
(a) No impact fee shall be imposed on any accessory dwelling unit less than 750 square feet in size, except for impact fees used to fund school, which shall not be imposed on any ADU of or less than 500 square feet in size.
(b) For accessory dwelling units 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
(c) All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with Cal. Government Code §§ 66000 et seq. and 66012 et seq.
(d) For purposes of this section, "impact fee" shall have the same meaning as set forth in Cal. Government Code § 65852.2(f).
(17) Prior approvals. The provisions of this section shall not apply to any accessory dwelling units for which the city issued conditional use permits prior to the effective date of this section.
(E) Design standards.
(1) A site plan, elevations and floor plan depicting the location of the ADU in relation to the primary dwelling shall be submitted to the Director of Planning and Development for ministerial review and approval prior to the issuance of any building permits.
(2) Windows and doors of an ADU shall not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. Windows and glass doors that face an adjoining property and are within fifteen (15) feet of a property line that is not a right- of-way line must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(3) An accessory dwelling unit shall have a separate exterior entrance from the primary dwelling unit.
(4) No exterior stairway shall be located on the front or on any street-facing side of the accessory dwelling unit.
(F) ADU application approvals.
(1) A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The City and any associated permitting agencies, including, but not limited to, applicable planning departments, building departments, consultants or contractors working as agents of the City, utilities, and special districts, shall approve and issue a building permit or deny the application to create or serve an ADU or a JADU within 60 calendar days after receiving a completed application if there is an existing primary dwelling on the lot and if it meets the minimum ADU and/or JADU standards of this chapter.
(a) If the City and any associated permitting agencies has not approved or denied the completed application within 60 days, the application shall be deemed approved and a building permit issued for its construction.
(b) If the City or any associated permitting agencies denies an application for an ADU or JADU pursuant to paragraph (a), the City and any associated permitting agencies shall, within the 60 day time period, transmit to the applicant a list of items that are defective or deficient and a description of how the application can be remedied.
(c) If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City and any associated permitting agencies may delay approving or denying the permit application for the ADU or JADU until the City approves or denies the permit application to create the new dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing.
(d) If the applicant requests a delay, the 60-day time period shall be paused for the period of the delay. If the permit application is returned to the applicant with a list of corrections requested to comply with applicable codes and regulations, any accounting of the 60-day time period shall be paused for the period of time until the applicant re-submits a corrected application.
(e) A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU, and a building permit for the ADU shall be issued at the same time as the demolition permit; the applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an ADU.
(2) The City shall not require the correction of existing legal, nonconforming zoning conditions prior to issuing a permit for an ADU.
(G) Existing Units.
(1) Existing ADUs that have not been approved by the City are required to obtain approval in order to be considered a lawful use. An application for an unpermitted ADU that was constructed before January 1, 2018 shall not be denied due to violations of building standards, or if the unpermitted ADU does not comply with Chapter 155 of the Santa Fe Springs Municipal Code, unless it is found that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure pursuant to Section 17920.3 of the Health and Safety Code. An application for an unpermitted ADU for which a building permit does not exist shall be approved based the version of the applicable Building Standards Code in effect when the residential unit was determined to be constructed for the purposes of issuing a building permit; the appropriate enforcement official may make a determination of the date of construction, and issue a retroactive building permit for that construction.
(2) The City shall delay enforcement of building standards that are not a matter of public health and safety for existing ADUs upon request of the ADU owner, as follows:
(a) ADUs built prior to January 1, 2020 are eligible, or ADUs built on or after January 1, 2020 at a time that the City had a noncompliant ADU ordinance.
(b) Until January 1, 2030, the City shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an ADU that substantially provides as follows:
(i) You have been issued an order to correct violations or abate nuisances relating to your ADU. If you believe that this correction or abatement is not necessary to protect the public health and safety you may file an application with the City Planning Department. If the city determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.
('64 Code, § 60.23.2) (Am. Ord. 634, passed 7-28-83; Am. Ord. 821, passed 2-25-93; Am. Ord. 938, passed 8-28-03; Am. Ord. 1084, passed 3-23-17; Am. Ord. 1110, passed 6-25-20; Am. Ord. 1134, passed 1-23-24) Penalty, see § 10.97