Huntington Park Municipal Code Art. 26 Accessory Dwelling Units

The purpose of this article is to establish development standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of State law, specifically Chapter 13 of Division 1 of Title 7 of the California Government Code (Sections 66310 through 66342).

(Ord. 2025-13, 12/23/2025, eff. 1/23/2026)

This article applies to all zones where accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are permitted under California State law. It governs the development, permitting, and regulation of ADUs and JADUs in accordance with California Government Code Title 7, Division 1, Chapter 13. Any local standards inconsistent with these provisions shall be deemed null and void. Any standards not enumerated in this ordinance shall be governed by California Government Code.

(Ord. 2025-13, 12/23/2025, eff. 1/23/2026)

A minor development permit is required prior to the establishment of any ADU or JADU. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer's application is complete within 15 business days, pursuant to California Government Code Section 65943. The City shall issue approval, or a denial with a full set of comments on how to remedy the application, within 60 days of receiving a completed application.

(Ord. 2025-13, 12/23/2025, eff. 1/23/2026)

For the purposes of this article, the following definitions shall apply:

"ADU conversion"

means an additional dwelling unit constructed from non-livable spaces within the existing structures such as garages, boiler rooms, passageway, and storage rooms. Areas used for commercial and other activities that are intended to serve the general public.

"Attached ADU"

is a newly created (constructed) dwelling structure that structurally abuts (and connects to) an existing or proposed primary dwelling or accessory structure. This can be constructed on top of or below the primary dwelling. The attached ADU extends beyond the building plane of the existing or proposed primary dwelling unit. An attached ADU shall not exceed 50% of the existing primary dwelling's floor area size. However, this limitation shall not preclude the construction of an ADU of at least 800 square feet of interior livable space, subject to four-foot side and rear yard setbacks, as required by California Government Code Section 66321(b)(3), if such a unit would otherwise be permissible under state law.

"Multi-family dwelling"

means a structure with two or more attached dwellings on a single lot. Multiple detached single-family dwellings on the same lot are not considered multi-family dwellings for the purposes of this article.

"Primary dwelling"

means a main, permanent, residential structure that exists or is proposed on a residentially zoned property. It is typically a single-family home or a unit in a multi-family dwelling (e.g., apartment or condo building). It must be legally permitted, intended for residential occupancy, and is the main structure on the lot; it may not be an ADU or JADU.

"Proposed dwelling"

means a dwelling that is the subject of a permit application and meets the requirements for permitting.

"Single-family dwelling"

means a single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and existing as a separate interest of real property, such as a detached single-family dwelling or a townhouse.

(Ord. 2025-13, 12/23/2025, eff. 1/23/2026)

In accordance with the regulations and standards set forth in this section, ADUs 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 or Mixed-Use Zone as indicated in Table IV-1 of this chapter. The following requirements, in compliance with California Government Code Sections 66310 through 66342, apply to all ADUs and JADUs that are approved under this section.

1. Allowable Zoning Districts.

a. An ADU may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use (R-L, R-M, R-H).

b. A JADU may only be created on a lot zoned for single-family residences.

2. Number of Units.

a. On a lot with an existing or proposed single-family dwelling:

i. No more than one new construction detached ADU, with a maximum 800 square feet of interior livable space.

ii. No more than one ADU constructed from existing space.

iii. No more than one JADU with a maximum of 500 square feet of interior livable space.

iv. No more than one attached ADU.

b. On a lot with proposed or existing multi-family dwelling:

i. Up to two detached ADUs are allowed on a lot that has a proposed multi-family dwelling, or up to eight detached ADUs are allowed on a lot with an existing multi-family dwelling, not to exceed the number of existing units on the lot.

Table III-1 SUMMARY OF ADU ALLOWANCES

3. Height.

a. Detached ADUs.

i. Up to 16 feet in height if created on a lot with an existing or proposed single-family or multi-family dwelling.

ii. 18 feet on a lot with an existing or proposed single-family or multi-family dwelling, including an additional two feet to accommodate roof pitch that aligns with the primary dwelling, when the lot is a half-mile from a major transit stop or high-quality transit corridor.

iii. 18 feet on a lot with an existing or proposed multi-family, multi-story dwelling.

b. Attached ADUs.

i. 25 feet or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

4. Impact Fees.

a. ADUs less than 750 square feet of interior livable space, or JADUs less than 500 square feet of interior livable space are not subject to impact fees.

b. Impact fees for ADUs 750 square feet of interior livable space or larger shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit. Formula: (Square Footage of ADU/Square Footage of Primary Dwelling Unit) x Amount of Fee.

c. Primary dwellings are subject to the full amount of all applicable impact fees.

5. Setback Regulations.

a. A setback of no more than four feet from the side and rear lot lines shall be required for an attached or detached ADU, unless title report identifies utility encroachment that requires a setback of more than four feet, unless the proper encroachment permit is obtained from the easement holder.

b. No setback shall be 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. Additional square footage shall conform to setback standards.

c. An ADU is subject to the same front yard setback as the underlying zoning district, but shall not preclude the development of an ADU of at least 800 square feet of interior livable space, even if that ADU would exist partially or wholly within the front setback.

6. Size.

a. An ADU, whether attached or detached, shall not be less than 150 square feet of interior livable space and shall not exceed 850 square feet of interior livable space for a studio or one bedroom, or 1,000 square feet of interior livable space if more than one bedroom. An attached ADU shall not exceed 50% of the existing primary dwelling's floor area. However, this limitation shall not preclude the construction of an attached ADU of at least 850 square feet of interior livable space for a studio or one bedroom, or 1,000 square feet of interior livable space if more than one bedroom, subject to four-foot side and rear yard setbacks, as required by California Government Code Section 66321(b)(3).

b. A JADU shall not exceed 500 square feet of interior livable space.

c. An ADU created within the converted space of a proposed or existing single-family dwelling or accessory structure is eligible for a 150 square foot expansion to accommodate ingress and egress.

d. A detached multi-family ADU on lots with existing or proposed multi-family dwellings are not subject to a floor area restriction pursuant to Government Code Section 66323(a)(4).

7. Parking.

a. The ADU shall be provided with one off-street parking space per ADU or per bedroom, whichever is less. Off-street parking for the ADU may be uncovered.

b. No parking may be required if the ADU meets one of the following criteria:

i. Located within one-half mile walking distance of public transit.

ii. Located within an architecturally and historically significant historic district.

iii. Part of the proposed or existing primary residence or an accessory structure.

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

v. When there is a car share vehicle located within one block of the ADU.

vi. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Government Code Section 66322, subdivision (a)(1)(5).

c. Parking may be provided in setback areas or in tandem.

d. If a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the ADU, or converted to an ADU, replacement of off-street parking for the primary dwelling unit shall not be required.

e. No parking shall be required for a JADU.

8. Driveway Approach.

a. When a garage is converted to an ADU, the driveway approach must be removed and curbs and gutters replaced.

9. Utilities.

a. ADUs may share utility services and meters with the primary dwelling.

b. If a detached ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

c. Converted ADUs on a single-family lot may not be required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

10. An application for an ADU may be denied for nonconformance only if the nonconformance creates a threat to public health and safety and is affected by the construction of the ADU.

11. Construction of ADUs are statutorily exempt from CEQA pursuant to Section 15268 (Ministerial Projects) of the CEQA guidelines and Section 21080, subdivision (b)(1) of the Public Resources Code.

12. Objective Design Standards.

a. New detached ADUs must architecturally match the primary dwelling in style, colors, and materials.

13. JADU Owner-Occupancy Requirement.

a. A JADU shall be permitted only on a lot developed with a proposed or existing single-family dwelling. Owner-occupancy shall be required only if the JADU shares sanitation facilities with the primary residence, and except where the property is owned by a governmental agency, land trust, or housing organization. If the JADU includes separate sanitation facilities, owner-occupancy is not required. For the purpose of this section, "owner" means a natural person who holds legal title to the property as shown on the most recent deed recorded with the County Recorder's office. Proof of owner occupancy shall be provided as part of the JADU application and may be enforced through recordation of a deed restriction.

14. An ADU may be rented separate from the main dwelling unit but may not be sold otherwise conveyed separate from the main dwelling unit, except when the property was built or developed by a qualified nonprofit corporation, the buyer is a qualified buyer, and meets other requirements specified in Government Code Section 66341.

15. If an ADU or JADU is used as a rental unit, it must be used for rentals of terms 30 days or longer.

16. Sprinkler Requirement.

a. ADUs shall not be required to install fire sprinklers if sprinklers are not required for the primary residence. However, if the primary residence is required to have fire sprinklers under applicable building or fire codes, any newly constructed ADU on the same parcel shall also be required to include fire sprinklers.

b. JADUs are not required to install fire sprinklers independently. If the JADU is located within a portion of the primary residence that already contains fire sprinklers, the JADU shall be served by the existing system.

17. In the event of a declared local, State, or Federal emergency, the City shall issue a certificate of occupancy for a detached ADU even if the primary dwelling has not yet been issued a certificate of occupancy:

a. The primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation issued by the Governor.

b. The accessory dwelling unit has been issued construction permits and has passed all required inspections.

(Ord. 2025-13, 12/23/2025, eff. 1/23/2026)