San Fernando Municipal Code Div. 1 Accessory Dwelling Units

Subsections (1) through (12) establish the standards for the development of an accessory dwelling unit and subsection (13) establishes the standards for the development of a junior accessory dwelling unit through a ministerial process, in compliance with section 106-42 (Use regulations) and California Government Code §§ 66310 to 66342. If any provision of this chapter or the underlying zoning district standards conflict with state law, the latter shall govern per Government Code § 66316.

(1) Minimum lot size. No minimum lot size shall be required for an accessory dwelling unit.

(2) Statewide exemption accessory dwelling unit. As established by Government Code § 66313, development standards in this section shall apply to the extent they do not prohibit the construction of an accessory dwelling unit of up to 800 square feet that is up to 18 feet in height if detached or 25 feet in height if attached, with four-foot side and rear yard setbacks.

(3) Maximum unit size.

a. The maximum permitted unit size of an attached accessory dwelling unit, or an accessory dwelling unit located entirely within a proposed or existing primary dwelling unit, shall not exceed 850 square feet for a one-bedroom unit or 1,200 for a two or more-bedroom unit, or 50 percent of the gross square footage of the primary dwelling unit on the lot, whichever is less, except as noted in section (2) above.

b. The maximum permitted size of a detached accessory dwelling unit shall not exceed 850 square feet for a one-bedroom unit or 1,200 square feet for a two or more-bedroom unit.

c. Maximum permitted unit size shall include any living area as defined in the California building code confined from exterior wall to exterior wall.

(4) Minimum unit size. The minimum unit size of an attached or detached accessory dwelling unit shall be at least 150 square feet, including a kitchen and at least one three-quarter bathroom.

(5) Zones in which accessory dwelling units may be constructed. The construction, use, and maintenance of accessory dwelling units shall be permitted in areas zoned to allow single-family or multiple-family dwelling residential use, or mixed-use. For purposes of this division, a multiple-family dwelling unit is two or more attached dwelling units on a single property.

(6) Accessory dwelling unit density and development standards.

a. Single-family dwellings. Accessory dwelling units are allowed on a property containing existing or proposed single family dwellings under the following circumstances:

1. No more than one accessory dwelling unit per lot within the proposed or existing square footage of a single-family dwelling or existing square footage of an accessory structure that meets specific requirements such as exterior access and setbacks for fire and safety.

2. No more than one detached new construction accessory dwelling unit. A new construction-attached accessory dwelling unit may be constructed in lieu of the new construction detached accessory dwelling units.

3. No more than one junior accessory dwelling unit per lot within the proposed or existing space of a single-family dwelling that meets specific requirements such as exterior access and setbacks for fire and safety as described in subsection (9).

4. The maximum height for accessory dwelling units shall be 18 feet in height and an additional two feet for roof pitch to align with the roof pitch of the primary dwelling unit if detached or 25 feet in height if attached. For accessory dwelling units proposed above a garage, the maximum height of the accessory dwelling unit shall not exceed one story from floor to ceiling height.

b. Multiple-family dwellings. Accessory dwelling units are allowed on a property containing multiple-family dwellings or mixed-use structures on a lot containing multiple-family dwelling units under the following conditions:

1. The number of accessory dwelling units shall not exceed 25 percent of the number of existing units, minimum one unit.

2. The accessory dwelling units shall only be located within areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages which are attached or detached. Non-livable space used to create accessory dwelling units must be limited to residential areas within a mixed-use development and not the areas used for commercial or other activities.

3. The maximum height shall be 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multiple-family, multistory dwelling.

4. Each accessory dwelling unit must comply with state building standards for dwellings.

5. A maximum of eight detached, accessory dwelling units shall be allowed on a property with existing multiple-family dwelling units, not to exceed the number of existing units on the lot.

6. A maximum of two detached accessory dwelling units shall be allowed on a property with a proposed multiple-family dwelling.

(7) Minimum room dimensions. Minimum room dimensions, including ceiling heights, floor area and width, shall meet the Uniform Building Code regulations in effect at the time of construction.

(8) Location.

a. Accessory dwelling units may be within, attached to, or detached from and on the same lot as, a proposed or existing single-family dwelling, or within or detached from a multiple-family dwelling, and subject to compliance with front, side, and rear yard setback standards of the underlying zone except as allowed in subsection (2) above.

b. Accessory dwelling units may be located entirely within a proposed or existing primary dwelling unit or existing accessory structure; provided, the accessory dwelling unit has independent exterior access from the existing primary dwelling or accessory structure.

c. An ADU created within an existing accessory structure may be expanded up to 150 square feet without application of local development standards, but this expansion shall be limited to accommodating ingress and egress.

(9) Parking. Parking for an accessory dwelling unit and replacement parking is not required.

(10) Habitability. Accessory dwelling units are fully habitable and shall include independent kitchen and bathroom facilities. Accessory dwelling units shall be independent from the main dwelling without internal access.

(11) Occupancy, sale, and rental restrictions. Owner occupancy is not required for accessory dwelling units. Accessory dwelling units shall not be sold or conveyed separately from the primary residence, except when sold by a qualified nonprofit corporation to a qualified buyer in accordance with Government Code §§ 66340 and 66341. Accessory dwelling units shall not be used for rentals of terms of 30 days or less unless

(12) Setbacks.

a. An accessory dwelling unit shall have side and rear yard setbacks of at least four feet from lot lines. An accessory dwelling unit shall abide by the front yard setback requirements of the zone in which it is located.

b. An accessory dwelling unit constructed entirely within a proposed or existing primary dwelling unit or accessory structure, which has side and rear setbacks that are sufficient for fire safety, as determined by the City of Los Angeles Fire Department, shall not be subject to setback standards for new development.

c. An accessory dwelling unit constructed above, or as a second story to, a garage or other accessory structure shall be setback a minimum of four feet from side and rear lot lines. An accessory dwelling unit constructed above, or as a second story to, a garage or other accessory structure shall abide by the front yard setback requirements of the zone in which it is located.

(13) Junior accessory dwelling units. In addition to an accessory dwelling unit as provided in this section, junior accessory dwelling units are permitted within an existing or proposed single family residence, including attached garages, consistent with state law. The following establishes standards for junior accessory dwelling units.

a. Maximum unit size. A junior accessory dwelling unit may be up to 500 square feet.

1. Maximum permitted unit size shall include any livable space from exterior wall to exterior wall.

b. Density. No more than one junior accessory dwelling unit is allowed on a property.

c. Location. A junior accessory dwelling unit shall be located entirely within a proposed or existing primary dwelling unit, subject to the following:

1. A junior accessory dwelling may be in an attached garage but may not be in a detached accessory structure.

2. A junior accessory dwelling unit shall have separate exterior access independent from the proposed or existing primary dwelling unit.

3. A junior accessory dwelling unit may share significant interior connection to the primary dwelling if they are sharing a bathroom facility.

d. Parking. Parking for a junior accessory dwelling unit and replacement parking is not required.

e. Habitability. Junior accessory dwelling units shall include an efficiency kitchen which shall include a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

f. Occupancy, sale, and rental restrictions. Owner occupancy is required in either the remaining portion of the primary residence, another dwelling unit on the same lot, 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. These occupancy restrictions shall be enforced through recordation of deed restrictions or covenant agreement recorded against the property per Government Code § 66333. The form of the deed restriction will be provided by the city and shall provide that: The junior accessory dwelling units shall not be sold separately from the primary dwelling, except as may otherwise be permitted by state law; the JADU is restricted to the approved size and other attributes allowed by this section.

g. Conveyance. Junior accessory dwelling units shall not be sold separately from the primary dwelling unit and shall not be used for rentals of terms of 30 days or less.

(14) Other development standards and requirements.

a. Unless stated in this section, all other development standards for accessory dwelling units and junior accessory dwelling units shall apply according to the zone in which the subject property is located; including, but not limited to, setbacks, building height, and distance between structures.

b. Conversion of existing structures. For the purpose of converting an existing structure into an accessory dwelling unit or junior accessory dwelling unit, an existing structure is defined as one of the following:

1. A structure that has been erected prior to the date of adoption of the appropriate building code that does not present a threat to public health and safety or one for which a legal building permit has been issued

c. When a garage is converted into an ADU or JADU, the garage door must be removed and replaced with windows or entry doors.

d. Architectural requirements. Accessory dwelling units shall be subject to the following architectural requirements.

1. The materials and colors of the exterior walks, roof, windows, and doors shall be the same as the materials and colors of the primary dwelling.

2. The roof slope shall match the dominant roof slope of the primary dwelling, whereby the dominant roof slope means the slope shared by the largest portion of the roof.

3. Exterior lighting shall be limited to down-lights or as otherwise required by the building or fire code.

e. Entrances. Entrances for accessory dwelling units constructed above garages shall not face adjacent properties.

1. An exterior entrance to the second story of an accessory dwelling unit shall not project into any required minimum setback and shall be located to either face the primary dwelling unit and/or the side and/or rear property line that it is furthest away from.

f. Pedestrian walkways. ADUs shall provide pedestrian access to the sidewalk that is at least four feet wide.

g. Landscape requirements. Landscape screening must be planted and maintained between the accessory dwelling unit and the side and rear lot lines of the property in accordance with division 4 of article III.

h. Fire sprinklers. Fire sprinklers are required in an accessory dwelling unit if sprinklers are required in the primary residence. The construction of an accessory dwelling unit does not trigger the requirement for fire sprinklers to be installed in the existing primary dwelling.

i. Solar panels. New construction accessory dwelling units are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached accessory dwelling unit (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the accessory dwelling unit or on the primary dwelling unit. Accessory dwelling units that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the energy code requirement to provide solar systems.

(15) Application process. The following is the ministerial application process for accessory dwelling units and junior accessory dwelling units.

a. A building permit is required for accessory dwelling units and junior accessory dwelling units. The completed building permit application shall be submitted to the building safety division on an application form prepared by the building official and shall include the submittal requirements. In order to be deemed complete, plans shall comply with all current applicable development standards, any applicable department handouts, and any additional information required by the building official in order to conduct a thorough review.

b. The building division shall approve or deny the application within 60 days of acceptance of a complete application if there is an existing single-family or multifamily dwelling on the lot, as established for accessory dwelling units in Government Code §§ 66314—66332 and for junior accessory dwelling units in Government Code §§ 66333—66339. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted concurrently with a permit application to create a new single-family or multifamily dwelling on the lot, no permit for the accessory dwelling unit or the junior accessory dwelling unit shall be issued until the permit application to create the new single-family or multifamily dwelling has been adjudicated, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the project is denied, the applicant will receive a full list of comments with remedies to correct any Code deficiencies.

c. Prior to building permit issuance, applicant for an accessory dwelling unit shall submit an address assignment request fee and application to the public works department.

d. Prior to building permit issuance, projects resulting in the addition of 750 square feet or more for an accessory dwelling unit located at the subject property shall pay all impact fees of this Code, except that any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g. the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). For the purposes of this paragraph, impact fees do not include any connection fee or capacity charge for water or sewer service.

e. Prior to the building permit issuance, projects resulting in 500 square feet or more for an accessory dwelling unit located at the subject property shall pay all school impact fees.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)