Covina Municipal Code Ch. 17.69 Accessory Dwelling Units and Junior Accessory Dwelling Units

Prior legislation: Ords. 19-07, 20-10, 22-06.

This chapter is intended to implement the requirements of California Government Code Sections 66314 et seq. regarding accessory dwelling units (ADUs) and 66333 et seq. regarding junior accessory dwelling units (JADUs). In the event of a conflict between the Government Code, as it may be amended from time to time, and this chapter, the Government Code shall prevail, and the City will apply the standards established in Government Code Section 66314 et seq. as applicable for the approval of ADUs. In the event of a conflict between this chapter and another provision of Covina Municipal Code (CMC), this chapter shall prevail.

(Ord. 25-15, 12/2/2025)

The following words shall have the meanings set forth below, unless the context otherwise permits or requires:

"Accessory dwelling unit" or "ADU"

has the same meaning ascribed in Government Code Section 66313(a), as the same may be amended from time to time.

"Attached ADU"

means an ADU that is constructed as a physical expansion (i.e., addition) of the primary dwelling and shares a common wall with the primary dwelling including garages, storage areas and similar spaces, or an accessory structure as ascribed in Government Code Section 66314(d)(3).

"Defensible space"

refers to the buffer zone between a structure and natural or landscaped or any wildland area around the structure.

"Detached ADU"

means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling.

"Existing structure"

means an existing single-family dwelling, multifamily dwelling, or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the city, and other applicable law.

"Junior accessory dwelling unit" or "JADU"

has the same meaning ascribed in Government Code Section 66313(d), as the same may be amended from time to time.

"Livable space"

has the same meaning ascribed in Government Code Section 66313(e), as the same may be amended from time to time.

"Living area"

has the same meaning ascribed in Government Code Section 66313(f), as the same may be amended from time to time.

"Primary dwelling"

means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU can be located.

"Public transit"

has the same meaning ascribed in Government Code Section 66313(m), as the same may be amended from time to time.

"Tandem parking"

has the same meaning ascribed in Government Code Section 66313(n), as the same may be amended from time to time.

(Ord. 25-15, 12/2/2025)

A. An application to create or serve an ADU or a JADU shall be considered ministerial, notwithstanding Government Code Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, without discretionary review or a hearing, within 60 calendar days after receiving a complete application.

1. The City shall determine whether an application to create or serve ADU or a JADU is complete and provide a written notice of this determination to the applicant within 15 business days after receipt of the application. If the application is incomplete the City will provide the applicant with a written list of any incomplete items, and a description of how the application can be made complete. After a notice that an application is incomplete, the applicant may cure the application and address any items deemed to be incomplete by the City. The City shall not require the cured application to include an item that was not listed in the list of incomplete items provided to the applicant. This application and any subsequent applications will be subject to the same 15 business day deadline mentioned above, if the application is deemed incomplete. Any application or resubmitted application shall be deemed complete if the City does not make a timely determination that an application is complete, incomplete, or fails to provide a timely written notice of incomplete items. If a permit application is determined to be incomplete, the applicant may appeal such decision in accordance with the procedures set forth in Covina Municipal Code Section 17.64.080 except that a final written determination shall be provided by the City by not later than 60 business days after receipt of the applicant's written appeal.

2. The City shall either approve or deny the application to create an ADU or JADU within 60 calendar days after receiving a complete application, if there is an existing single-family or multi-family dwelling on the lot. If the permit application to create or serve an ADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay approving or denying the permit application for the ADU until the City approves or denies the permit application to create the new single-family or multifamily dwelling. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.

B. If an ADU is being proposed as part of a newly proposed accessory structure, the application for the accessory dwelling unit may be considered separate from, and after, the application for the accessory structure.

C. The lot shall contain an existing primary unit at the time an application for the ADU or JADU shall be submitted, concurrently for the development of the primary unit.

(Ord. 25-15, 12/2/2025)

A. Ministerial Building Permit Process. The director of community development, or designee, shall approve an application for the following ADUs and JADUs in a streamlined building permit only process, so long as the proposed ADU complies with the requirements set forth below:

1. ADUs on Single-Family Lots (Conversions and Simultaneous Proposals). One ADU within the space of an existing or proposed single-family dwelling or a detached ADU in an existing accessory structure. The ADU may expand the space of the existing accessory structure by up to 150 square feet for ingress and egress for an ADU allowed under this subparagraph may be combined with a JADU per CMC § 17.69.050.

2. Detached ADUs on Single-Family Lots. A detached ADU must have a minimum four feet of rear and side yard setbacks and maintain the front yard setback requirement of the underlying zoning district, maximum 800 square feet of interior livable space, maximum height of 16 feet. If the lot is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, then the ADU may not exceed a height of 18 feet. The two additional feet in height are reserved to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit, if applicable. An ADU allowed under this subparagraph may be combined with a JADU per CMC § 17.69.050.

3. ADUs in Multifamily Buildings. ADUs may be created within an existing multifamily dwelling, in spaces not used as living space (storage rooms, boiler rooms, attics, passageways, basements, or garages). Each unit must comply with building standards. The number of ADUs allowed is equal to 25% of the number of existing units, or one accessory unit, whichever is greater.

4. Detached ADUs on Multifamily Lots. Up to eight detached ADUs are permitted on a multifamily lot not exceeding the number of existing units, whichever is less. The ADUs are subject to a 16-foot height limit, unless the lot is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, in which case the ADU may not exceed 18 feet, with an additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit, if applicable. The ADUs must maintain at least a four-foot rear and side yard setback. However, if the existing multifamily dwelling has a rear or side setback of less than four feet, the City shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph.

5. JADUs shall be reviewed through a ministerial building permit only process and shall be subject only to the standards in CMC § 17.69.050.

6. A rental of the ADUs or JADUs shall be for a term longer than 30 consecutive days.

7. As part of the application for a permit to create an ADU connected to an onsite wastewater treatment system, the application must contain a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.

B. Ministerial Planning Process. An ADU that does not qualify for the approvals under subsection A of this section, the City shall require a ministerial planning ADU review provided it complies with the applicable standards set forth in CMC Section 17.69.050.

(Ord. 25-15, 12/2/2025)

A. Number of Units Allowed. No more than one ADU and one JADU shall be permitted on any one lot.

B. Floor Area and Unit Size. The minimum floor area of a detached ADU including an efficiency unit is 150 square feet. The maximum floor area of a detached ADU is 1,000 square feet.

C. The maximum floor area for an attached ADU shall not exceed 50% of the existing primary dwelling living area, with a maximum floor area of 850 square feet for a studio or one bedroom and 1,000 square feet with two or more bedrooms.

D. The unit size of an ADU shall be 850 square feet for a studio or one-bedroom unit and 1,000 square feet for an ADU with two or more bedrooms.

E. Lot Coverage. If the detached ADU is more than 800 square feet, the lot coverage, floor area ratio, and open space requirements for the underlying zone shall apply.

F. Attached ADU shall have a separate exterior entrance.

G. A parcel with an existing guest house may not also have an ADU; however, a guest house may be converted to an ADU subject to the provisions of this chapter.

H. Parking Standards.

1. Off-street parking shall be permitted in front, side, and rear yard setback areas or through tandem parking. The parking does not need to be covered or in an enclosed garage.

2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or where such structure is converted into an ADU, any off-street parking required for the primary residence that is lost shall not be required to be replaced.

3. In addition to the required parking for the primary unit, one off-street parking space shall be provided on the same lot that the ADU is located. However, off-street parking space is not required if:

a. The ADU is located within one-half mile, measured in walking distance, of public transit, including bus stops;

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

c. The ADU is part of the proposed or existing primary residence or an existing accessory structure;

d. On-street parking permits are required but not offered to the occupant of the ADU; or

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

f. 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.

I. Setback and Building Separation Requirements.

1. The ADU shall be subject to the same minimum required front yard setback as the main dwelling unit. However, a front yard setback of 10 feet shall be required only when the front yard is the sole feasible location for ADU, such as when the rear yard is not buildable due to site constraints, easements, or other limitations. In such cases, the ADU shall be limited to a maximum floor area of 800 square feet and a maximum height of 16 feet.

2. No setback is required for an ADU or JADU created within an existing living area or accessory structure or an ADU created in a new structure in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit.

3. A detached two-story ADU, a second-story ADU above a garage, the addition of a second-story ADU to an existing single-story residence, and the addition of an attached two-story ADU to the primary residence, or any combination thereof shall be permitted within the primary residence "buildable area," as determined under Chapters 17.14 and 17.26.

4. Side yard and rear yard setbacks of no more than four feet from the side and rear lot lines shall be required for an attached or detached ADU, with the exception of two-story ADUs, for which the underlying development standards shall apply.

5. Building separation must maintain six feet as measured from building eaves to building eaves.

J. Building Height Requirements.

1. The maximum height for a detached ADU is 16 feet if it is located on a lot with an existing or proposed single family home or multifamily dwelling unit.

2. If the detached ADU is on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, then that maximum height is 18 feet. An additional two feet in height is allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

3. If the ADU is attached to a primary dwelling, then there is a height limitation of 25 feet or the height limitation in the underlying zone that applies to the primary dwelling, whichever is lower. In no case shall an accessory dwelling unit exceed two stories.

K. Subdivision, Ownership and Rental Requirements.

1. The ADU may not be sold or conveyed separately from the primary dwelling, unless the specific criteria contain in Government Code Sections 66340 and 66341 are complied with.

2. The ADU and JADU shall not be rented for a period less than 30 consecutive days.

L. Building Code and Safety Requirements.

1. Except as otherwise required herein, all construction, structural alterations or additions made to create an ADU shall comply with current development standards and building, electrical, fire and plumbing codes outlined in California Building Code and California Residential Code. This includes a requirement that all ADUs shall comply with the grading standards and permit processes and requirements for development on slopes.

2. Fire sprinklers are not required for ADUs if they are not required for the primary residence. The construction of ADU will not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

M. Sewer, Water, and Wastewater Requirements.

1. If the ADU will be connected to an on-site wastewater treatment system, the City shall obtain approval from the Regional Water Quality Control Board and may require a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years prior to the permit issuance.

2. ADUs lots not served by a public sanitary sewer system shall obtain approval by the Los Angeles County Department of Public Health, and other applicable agencies, of a private sewage disposal system, prior to permit issuance.

N. A Detached ADU sited within four to one or greater slopes, whether the site is an upslope or downslope, shall meet the following requirements:

1. May encroach into the four to one or greater slopes by a maximum distance of six feet.

2. Require planning review and Los Angeles County Fire Department review.

3. Provide a minimum 10-foot fire defensive zone around the ADU.

4. Comply with the California Building Code and California Residential Code that are specific to the wildland-urban interface fire areas; roof material shall be tiles, slate or imitation thereof. If the roof material for the main house consists of composition shingles, detached ADU can include the same material. If composition shingles are used, 40-year or higher grade architectural dimension shingles shall be used.

O. Grading and Drainage Requirements.

1. Grading, filling, excavating and construction activities must comply with health and safety requirements of California Building and Grading Standards.

2. Finished ground surfaces/slopes within five feet of the ADU shall slope away at a 5% minimum slope. Exterior hard surfaces, drainage swales, and drainage pipes shall have a minimum slope of 1% away from the ADU. Lot grading shall prevent storm flows onto neighboring properties.

3. Detached ADUs over 500 square feet must submit a drainage plan showing:

a. Existing and proposed topography of the property;

b. Existing and proposed drainage system consisting of swales, pipes, catch basins, inlets, outlets; and

c. Historic drainage patterns that demonstrate it has not altered in a manner to cause drainage problems to neighboring properties.

P. Design.

1. The colors, exterior finishes, and roof pitch of the ADU shall be the same or be similar to the primary dwelling. The roof slope of the ADU must match that of the dominant roof slope of the primary dwelling, which is the slope covering the largest portion of the roof.

2. If the applicant seeks to build an ADU in a garage, and such ADU requires an expansion of more than 150 square feet, the garage door shall be removed, and the opening shall be treated and finished using the same color and materials as the primary residence.

3. All windows shall have exterior trims and sills. Exterior window treatments that face the front and side facades of the ADU must include at least one of the following: shutters, awnings, window shades, or a bay window.

4. Each ADU shall provide a covered porch entry with minimum floor area of 60 square feet. The porch shall include a railing along any open side constructed of wood, metal or composite material. The porch shall also include at least one permanent affixed light at the entryway.

5. In cases where proposed ADU is on a corner lot or reverse corner lot, the entry to an ADU shall face the public right-of-way.

Q. Fees for Accessory Dwelling Units.

1. Utility Connection Fees and Capacity Charges. No new or separate utility connection, fee or capacity charge shall be required for an ADU or a JADU within an existing single-family dwelling or accessory structure approved with just a building permit only. However, the city may charge connection fees and capacity charges for an ADU that is constructed in conjunction with a new single-family dwelling or if it is a newly constructed ADU that is not a conversion of existing space.

2. Impact Fees. Impact fees shall not apply to an ADU with less than 750 square feet or less of interior livable space or a JADU with 500 square or less of interior livable space. For ADUs larger than 750 square feet of interior livable space, impact fees shall be charged proportionally in relation to the square footage of the primary dwelling unit. For example, if a primary dwelling has 1,600 square feet of interior livable space and the proposed ADU will have 800 square feet of interior livable space, the impact fee for the ADU is 50% of the amount of the fee for the primary unit.

(Ord. 25-15, 12/2/2025)

A. Purpose. These provisions adopted pursuant to California Government Code Section 66333 et seq. establish standards for the development of JADUs that maintain single-family neighborhood integrity, prevent adverse impacts, and expand housing opportunities consistent with state law.

B. Application and Fees.

1. As stated in CMC § 17.69.030, an application for a building permit to create a JADU shall be considered ministerially, without discretionary review or a public hearing, and approved within 60 days after receiving a complete application, identified under CMC § 17.69.030A (JADU Development Standards).

2. The lot shall contain an existing primary unit, or a JADU may be submitted concurrently with the application for the primary unit. A JADU shall be constructed within the walls of the proposed or existing single-family residence.

3. No more than one JADU shall be permitted on any one residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

4. The minimum floor area of a JADU including an efficiency units shall be 150 square feet of interior livable space. The maximum interior livable space for a JADU shall be 500 square feet and must be contained entirely within a single-family residence.

5. A JADU may include separate sanitation facilities or may share sanitation facilities with an existing or proposed single-family dwelling. If the JADU has shared sanitation facilities with the existing structure, then there must be owner-occupancy in the single family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy shall not be required if the JADU has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.

6. A JADU shall include an efficiency kitchen, which all include all of the following:

a. A cooking facility with appliances.

b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

C. Prior to issuance of a building permit, the owner shall enter into a restrictive covenant with the City regarding such owner-occupancy on a form prepared by the city, which shall be recorded against the property. Such covenant also shall provide that the JADU shall not be sold or title thereto transferred separate from that of the property, and the JADU shall not be leased for a period of less than 30 consecutive days. If the owner ceases to reside on the property, use of the JADU shall be discontinued and the unit converted into a portion of the primary unit.

D. A JADU shall have a separate exterior entrance from the primary single-family residence.

E. No parking requirements shall be imposed on the JADU.

F. All construction or structural alterations made to create the JADU shall comply with current development standards and building, electrical, fire and plumbing codes.

G. Fire sprinklers are not required for a JADU if they are not required for the primary residence. The construction of a JADU shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.

(Ord. 25-15, 12/2/2025)

A. Purpose. State law authorizes jurisdictions to legalize pre-existing ADUs, that were constructed prior to January 1, 2020, without all required permits, provided the units meet minimum health and safety standards. The purpose of this section is to establish an ADU Legalization Program that allows owners of ADUs constructed prior to January 1, 2020, to obtain legal status for such units unless they pose a threat to life, health, or safety.

B. Eligibility for Unpermitted ADUs Constructed before 2020. The City shall not deny a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, due to either of the following:

1. The ADU or JADU is in violation of applicable building standards.

2. The ADU or JADU does not comply with state ADU law or this Chapter 17.69.

C. Exceptions. Notwithstanding subsection B, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting the violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

D. Process for Legalization.

1. The property owner shall submit an ADU Legalization Application to the Planning Department, including evidence that the ADU qualifies as a Pre-2020 ADU.

2. The Building Official shall conduct a health and safety inspection of the unit and determine any correction that needs to be made.

3. If the inspection identifies unsafe conditions, the owner shall correct them within a reasonable timeframe specified by the Building Official.

4. Upon determining that no unsafe conditions exist, or that such conditions have been corrected, the Building Official shall issue a Certificate of Legalization for the ADU.

(Ord. 25-15, 12/2/2025)