Bradbury Municipal Code § 9.85.120 Allowed zones/density

(a) The purpose of this article is to implement the requirements for the establishment of accessory dwelling units and junior accessory dwelling units as required by the State ADU Law (California Government Code sections 66310 through 66342).

(b) For purposes of this Chapter 9.85, words and phrases defined in the State ADU Law shall have the same meaning when used herein.

(Ord. No. 398, § 2, 7-15-2025)

(a) Applications for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall be ministerially approved or denied within 60 days of receipt of a complete application and shall be approved if they meet the requirements of this chapter.

(1) If the application is submitted in conjunction with an application for a new primary single-family unit, the application for the ADU or JADU shall not be acted upon until the application for the new primary single-family unit is approved.

(2) The City shall grant a delay if requested by the applicant.

(3) Notwithstanding the above, if the applicant uses a plan for an accessory dwelling unit that has been preapproved by the City or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the City within the current triennial California Building Standards Code cycle, the application shall be approved or denied within 30 days from the date of a complete application.

(b) All applications for ADUs and JADUs shall be accompanied by the applicable application fee.

(c) ADUs and JADUs shall be subject to applicable inspections and permit fees.

(d) If an application for a detached ADU requires demolition of a detached garage, the application shall be submitted with the demolition application and the two applications shall be reviewed at the same time. If the ADU is approved, the permits shall be issued at the same time.

(Ord. No. 398, § 2, 7-15-2025)

(a) If the City denies an application for an ADU or JADU, the City shall return 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. The comments must be in writing and returned to the applicant within 60 days of receipt of a complete application.

(b) No application shall be denied due to the need to correct a nonconforming zoning condition, building code violation, or due to unpermitted structures, unless those conditions present a threat to the public health and safety and are affected by the construction of the ADU, or JADU.

(c) No application or permit shall be denied for an ADU or JADU that was constructed prior to January 1, 2020, based on either of the following:

(1) The ADU is in violation of building standards pursuant to Article 1 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code (commencing with section 17960); or

(2) The ADU does not comply with State law or the provisions of the Bradbury Development Code regulating ADUs.

(3) Subparagraphs (1) and (2) of this subsection (c) shall not apply if the City makes a finding that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 or if the building is deemed substandard pursuant to Health and Safety Code section 17920.3.

(4) Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the City may inspect the unit for compliance with health and safety standards and provide recommendations to comply with such standards in order to obtain a permit. The City shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards.

(Ord. No. 398, § 2, 7-15-2025)

(a) An ADU or JADU may be constructed in any zone on a lot which contains an existing or proposed primary unit.

(b) ADUs and JADUs shall not count in determining density or lot coverage and are considered a residential use consistent with the existing general plan and zoning designation for the lot.

(Ord. No. 398, § 2, 7-15-2025)

(a) Type of building. An attached or detached ADU shall be a permanent structure on a permanent foundation with permanent provisions for living, sleeping, food preparation, sanitation, and bathing. A manufactured home as defined by California Health and Safety Code section 18007 shall qualify. An ADU includes an efficiency unit as defined by Health and Safety Code section 17958.1.

(b) Location of ADU. An ADU may be located within, attached to, or detached from an existing or proposed primary unit as further set forth in Government Code section 66314(d).

(c) Height. The height of an ADU shall be as follows:

(1) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.

(2) A height of 18 feet for 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. An additional two feet shall be allowed if required to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

(3) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

(4) A height of 25 feet or the height limit of the applicable zone that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling unit or built above an existing garage. In no event shall the accessory dwelling unit exceed two stories.

(5) An ADU converted from previously existing permitted space which already exists above the permitted ground floor area or garage - to the height already existing if greater than the height set forth in subsections (c)(1)—(4), above.

(d) Size.

(1) Maximum size - an attached or detached ADU shall not exceed 1,000 square feet.

(2) Minimum size - the square footage of an ADU shall not be less than that allowed for an efficiency unit.

(e) Application of underlying development standards.

(1) The objective development standards of the underlying zone shall apply, except as may be specified herein.

(2) If application of any development standard of the underlying zone or this chapter prevents the construction of an ADU that meets the height requirements specified in subsection (c), such development standard shall be waived to the extent needed to allow an 800 square foot ADU. The waiver of standards does not apply to the requirement for minimum four-foot side and rear yard setbacks.

(f) Setbacks.

(1) Attached and detached ADUs shall be located behind the front yard setback line of the primary unit.

(2) The maximum side and rear yard setback requirements for an ADU, including an ADU added in an already existing and permitted space above a garage or other floor area shall be four feet. This does not prevent the applicant from providing a larger setback.

(3) The setback requirements in subsections (f)(1) and (2) above shall not apply if the ADU is being converted from an existing accessory structure, including a garage, or is being constructed in the same location and to the same dimensions as an existing accessory structure, including a garage.

(g) Parking.

(1) Parking shall be required at the rate of one space for each ADU.

(2) Parking spaces for an ADU may be provided through tandem parking on an existing driveway; provided, that such parking does not encroach into the public right-of-way or a private street.

(3) Parking spaces for ADUs may be provided in the paved portions of setback areas; provided, that the amount of paving does not exceed the total amount of paving and hardscaped areas that are otherwise allowed by this title at the time the ADU is approved.

(4) When a garage, carport, uncovered parking space, or covered parking structure is converted into an ADU, or is demolished to accommodate the construction of an ADU, such parking spaces need not be replaced.

(5) Tandem parking and parking in setback areas shall not be allowed if the City Manager makes specific findings that such parking is not feasible based upon specific site or regional topographical, or fire and life safety conditions.

(6) Notwithstanding any other provision of this subsection (g), no additional parking shall be required for the ADU if any of the following conditions apply:

a. The ADU is located within one-half mile walking distance of a public transit stop;

b. The ADU is located within an architecturally and historically significant historic district;

c. The ADU is part of a proposed or existing primary unit or an existing accessory structure;

d. When on-street parking permits are required, but not offered to the occupant of the ADU;

e. When there is a car share vehicle located within one block of the ADU; or

f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single- or multi-family dwelling on the same lot, provided the ADU or parcel satisfies any other criteria listed in this paragraph.

(h) Design.

(1) The ADU shall be the exact same color as the primary unit.

(2) The ADU shall have the exact same roof pitch as the primary unit.

(3) The ADU shall have a separate entrance from the primary unit.

(i) Utilities—Connections, fees, and capacity charges.

(1) For an ADU contained within an existing primary unit, or an existing accessory structure meeting the requirements of section 9.85.140(a)(1) below, the City shall not require the installation of a new or separate utility connection between the ADU and the utility or impose a connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling.

(2) For all ADUs other than those described in subsection (i)(1) above, the City shall require a new or separate utility connection between the ADU and the utility and shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed ADU based on the size or number of drainage fixture unit (DFU) values upon the water or sewer system.

(j) Impact fees.

(1) No impact fee shall be imposed on any ADU of up to 750 square feet in size.

(2) Notwithstanding any fee resolution to the contrary, for ADUs larger than 750 square feet, impact fees shall be charged proportionately in relation to the square footage of the primary unit.

(3) All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with California Government Code sections 66000 et seq. and 66012 et seq.

(4) For purposes of this section, "impact fee" shall have the meaning set forth in California Government Code section 66324.

(5) No impact fees or connection or capacity charges shall be imposed on a homeowner applying for a permit for a previously unpermitted ADU or JADU built before January 1, 2020, except when the utility infrastructure is required to comply with Health and Safety Code section 17920.3 and authorized by Government Code section 66324(e).

(Ord. No. 398, § 2, 7-15-2025)

(a) Fire sprinklers shall be required in the ADU if they were/are required in the primary unit at the time of construction.

(b) The construction of an ADU shall not trigger a requirement for sprinklers to be installed in the primary unit.

(Ord. No. 398, § 2, 7-15-2025)

(a) Notwithstanding any other provision of this chapter, the City shall ministerially approve an application for any of the following categories of ADUs and/or JADUs within a residential zone, subject only to the provisions of this Section.

(1) An ADU and a JADU within the existing or proposed space of the primary unit or accessory structure, subject to the following requirements:

a. An ADU or JADU shall have exterior access separate from the existing or proposed primary unit.

b. An expansion of up to 150 square feet shall be allowed for an existing accessory structure that is to be converted to an ADU, solely for the purpose of accommodating separate ingress and egress.

c. The side and rear yard setbacks shall be sufficient for fire and safety.

d. The JADU shall comply with the requirements of sections 9.85.150 and 9.85.160 below.

(2) One detached ADU that will have at least four-foot side and rear yard setbacks on an existing lot with an existing or proposed primary unit, provided that the ADU shall not be more than 800 square feet and shall not exceed the height requirements set forth in sections 9.85.130(c)(1)—(c)(3). The ADU may be combined with a JADU so long as it complies with all the requirements of sections 9.85.150 and 9.85.160 below.

(3) On a lot with an existing multifamily dwelling structure, up to 25 percent of the total multifamily dwelling units, but no less than one ADU or JADU, shall be 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 dwelling unit complies with State building standards for dwellings. For purposes of this section, "livable" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

(4) On a lot with an existing multifamily dwelling structure, there may be up to eight detached ADUs, but in no event more than the number of existing units, provided that none of the ADUs exceeds the height requirements set forth in sections 9.85.130(c)(1)—(3) and that the ADUs have at least four-foot side and rear yard setbacks.

(5) On a lot with a proposed multifamily dwelling, there may be up to two detached ADUs, provided that none of the ADUs exceeds the height requirements set forth in sections 9.85.130(c)(1)—(3) and that the ADUs have at least four-foot side and rear yard setbacks.

(b) For those ADUs and JADUs that require mandatory approval under this section, the City shall not require the correction of legal, nonconforming zoning conditions as a condition of permit approval.

(c) Any ADU created under this Section 9.85.140 shall not be rented for a period of less than 31 days.

(Ord. No. 398, § 2, 7-15-2025)

(a) One JADU shall be allowed on single-family residentially zoned lots in conjunction with an existing or proposed primary single-family unit, including in an attached garage. A JADU may be allowed on the same lot as a detached ADU where the detached ADU is no larger than 800 square feet and does not exceed the height requirements set forth in section 9.85.130(c).

(b) The JADU shall be required to contain at least an efficiency kitchen which includes cooking appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

(c) The JADU shall be required to have a separate entrance from the primary unit.

(d) The JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the primary single-family unit and shall have direct access to the primary unit from the interior of the JADU.

(e) Parking.

(1) No additional parking shall be required for a JADU.

(2) If a garage is converted to develop a JADU, no replacement parking shall be required.

(f) The owner of the property on which a JADU is constructed shall record with the County Recorder of Los Angeles County, a deed restriction which shall run with the land and a copy of the recorded deed restriction shall be filed with the City after recordation. The deed restriction shall provide for the following:

(1) A prohibition on the sale of the JADU separate from the sale of the primary unit;

(2) A prohibition on the JADU being larger than 500 square feet;

(3) A prohibition on renting either the primary unit or the junior accessory dwelling unit for less than 31 consecutive, calendar days;

(4) A restriction that the owner resides in either the primary unit or the JADU. This restriction shall not apply if the owner of the primary single-family unit is a governmental agency, land trust, or housing organization; and

(5) A statement that the deed restrictions may be enforced against future purchasers.

(g) For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

(h) The City shall not require the correction of legal, nonconforming zoning conditions as a requirement for approval of a JADU.

(Ord. No. 398, § 2, 7-15-2025)

(a) Sales. ADUs and JADUs cannot be sold separately from the primary unit, except to the extent the sale meets the requirements of Government Code sections 66340 and 66341 with regard to a qualified nonprofit corporation.

(b) Rental.

(1) Short-term rentals of the ADU and JADU are prohibited.

(2) The ADU or JADU may be rented separate from the primary unit.

(c) Owner/occupancy.

(1) The City shall not enforce any owner/occupancy requirement imposed on an ADU. No owner/occupancy requirement shall be imposed on any ADU.

(2) All properties on which a JADU is developed shall have an owner-occupancy requirement in accordance with section 9.85.150(f).

(d) This chapter shall in no way validate any existing illegal ADU nor shall it change a legal, nonconforming unit to a conforming unit.

(e) An application to convert an illegal and/or nonconforming ADU and/or JADU to a legal conforming ADU or JADU shall be subject to the same standards and requirements as for a newly proposed unit.

(f) Subsections (d) and (e) above shall not apply to any unpermitted accessory dwelling unit which is subject to Government Code section 66332 unless the City makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

(g) Guest houses that were previously approved and which have a valid building permit on file shall not be affected by this chapter. However, an application to convert a guest house to an ADU shall be subject to this chapter.

(h) Enforcement. Until January 1, 2030, the City shall issue a statement along with a notice to correct a violation of any provision of any Building Code standard relating to an ADU or JADU that provides substantially as follows:

You have been issued an order to correct violations or abate nuisances relating to your accessory dwelling unit or junior accessory dwelling unit. 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 Manager. 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.

This provision shall only apply to ADUs and JADUs built before January 1, 2020.

(i) The City shall not issue a certificate of occupancy for an ADU before it issues a certificate of occupancy for the primary dwelling unit.

(Ord. No. 398, § 2, 7-15-2025)