City of Norwalk, CA
§ 17.04.210 § 17.04.210
Downloaded from https://ecode360.com/NO4978 on 2024-10-18 § 17.04.210. Accessory dwelling units.
A. Purpose. The purpose of this section is to comply with Government Code Section 65852.2, which allows the City to enact standards for the development of accessory dwelling units (ADUs) to increase the supply of affordable housing while ensuring that ADUs remain compatible with existing neighborhoods.
B. Submittal Requirements and Application Processing.
1. The Director of Community Development shall prescribe the form of applications, documents to be submitted and the type of information to be provided by the applicant.
2. Application Requirement. Any application for an ADU that meets the standards contained in this Code shall be approved ministerially, without discretionary review, by the Director of Community Development or designee.
A City must approve or deny an ADU application within 60 days of submittal.
C. Use Restrictions.
1. If either the primary dwelling or ADU is rented, the property owner must occupy either the primary dwelling or ADU as his or her principal residence. No owner-occupancy requirements for ADUs.
2. The unit on the lot that is rented (i.e., either the primary dwelling or the ADU) shall be rented only for terms longer than 30 days.
3. The ADU is not to be sold or conveyed separately from the primary dwelling. An ADU may be sold separately from the primary dwelling under certain conditions by non-profit organizations. There is potential for cities to allow these units to be conveyed as separate property condominiums.
D. Location Requirements.
1. One ADU may be developed on properties that are zoned for single-family residential uses, including R-1, R-2, R-3, R-4, and R-H zones. ADUs shall be permitted in all residential zones and mixed-use zones that allow residential.
2. The property shall contain exactly one existing or proposed single-family dwelling. ADUs are permitted on properties with multiple-family residential dwellings.
3. The ADU may not be located on real property that is listed on the California Register of Historic Places. ADUs are required to be allowed on such property.
E. Development Standards for ADUs with New Construction. The following development standards shall apply to: (1) ADUs involving new construction, which includes, but is not limited to, an ADU that is entirely made up of new construction, and an ADU comprised of part of an existing accessory structure or residence but the ADU does not fit within the existing space of the single-family residence or accessory structure; and (2) newly established ADUs within existing structures listed in subsection (F)(2).
1. Lot Size.
a. For properties with an R-1 or R-H zoning designation, the minimum lot size shall Legend
Underline = State Law Requirement
City of Norwalk, CA
§ 17.04.210 § 17.04.210
Downloaded from https://ecode360.com/NO4978 on 2024-10-18 be 10,000 square feet. No minimum lot size shall be required. b. For properties with an R-2, R-3, or R-4 zoning designation, the minimum lot size shall be 5,000 square feet. No minimum lot size shall be required.
2. Lot Width. All properties shall contain a minimum lot width of 50 feet. No minimum lot width shall be required.
3. Setbacks.
a. For properties with an R-1, R-2, R-3, or R-4 zoning designation, the setbacks for ADUs shall be in accordance with the yard requirements listed in Article I, Article II, Article III, or Article V, respectively of Chapter 17.05. No less than four-foot side and rear yard setback.
b. For properties with an R-H zoning designation, the setbacks for ADUs shall be in accordance with the yard requirements listed in Article IV of Chapter 17.05. No less than four-foot side and rear yard setback.
c. An ADU shall not be built above an existing structure if the structure is located within the required front or rear yard. No less than four-foot side and rear yard setback.
d. A detached ADU shall not be located in front of the primary dwelling. Exempt ADUs cannot be prevented from being located in the front yard setback.
4. Separation. A detached ADU shall not be located within five feet of another accessory structure or primary dwelling, as measured from the nearest portions of the buildings.
No change except for Exempt ADUs.
5. Building Height.
a. For properties with an R-1, R-2, R-3, or R-4 zoning designation, the building height for ADUs shall be in accordance with the height requirements listed in Article I, Article II, Article III, or Article V, respectively of Chapter 17.05. b. For properties with an R-H zoning designation, the building height for ADUs shall be in accordance with the height requirements listed in Article IV of Chapter 17.05. c. No portion of an ADU shall exceed the height of the primary dwelling. For the purpose of calculating the allowable building height for an ADU, the height of the primary dwelling shall include the roof, and shall not include the height of chimneys or other architectural projections that do not contribute to the gross floor area of the primary dwelling.
Attached ADU: A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.
Detached ADU: 16 feet; or 18 feet if within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor with the allowance of 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.
6. Open Space. A minimum of 500 square feet of open space shall be provided for the City of Norwalk, CA
§ 17.04.210 § 17.04.210
Downloaded from https://ecode360.com/NO4978 on 2024-10-18 ADU. This requirement shall be in addition to any open space required for the primary dwelling. Open space for an ADU shall:
a. Be contiguous (i.e., not separated);
b. Have no linear dimension at any point of less than 10 feet; and c. Be located on the same lot.
No change except for Exempt ADUs.
7. Unit Size.
a. The primary dwelling must contain a minimum of 800 square feet of gross floor area and the unit width shall be 20 feet in width in accordance with Section
17.05.090(A)(4). No minimum size requirement for primary dwelling. b. The gross floor area of an ADU shall be a minimum of 150 square feet, and shall not exceed 50% of the gross floor area of the existing primary dwelling or 720 square feet, whichever is less. For the purpose of calculating the allowable gross floor area for an ADU, garages, unenclosed accessory structures and detached accessory buildings on the property shall not be included in the gross floor area of the existing primary dwelling. Attached ADUs: Maximum 50% of gross floor area (GFA) of primary dwelling or 1,000 SF, whichever is less. Detached ADUs:
Maximum 1,000 SF. The maximum size for exempt detached/attached ADUs is 800 SF.
c. An ADU may be attached to another accessory structure. In that case, the square footage of the attached accessory structure shall not contribute to the maximum gross floor area for the ADU. No change.
8. Floor Plan.
a. The ADU shall contain a kitchen, which shall include a kitchen sink, cooking appliance, refrigeration facilities and a counter top with minimum dimensions of 16 inches by 24 inches. An ADU shall contain an efficiency kitchen and must have independent entrance from primary dwelling.
b. The ADU shall contain a bathroom, which shall include a sink, toilet, and bathtub or shower. No change.
c. The ADU shall contain independent exterior access from the primary dwelling. No change.
9. Architectural Design.
Local agency can apply objective standards to ADUs. “Objective standards” means standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
a. The ADU shall incorporate the same or similar architectural features, building materials, and colors of the primary dwelling. This includes, but is not limited to:
City of Norwalk, CA
§ 17.04.210 § 17.04.210
Downloaded from https://ecode360.com/NO4978 on 2024-10-18 roof pitches, exterior wall finishes, eaves, fascia boards and windows. b. The exterior access to the ADU shall not be visible from the street, including from the front or street side yard areas, in order to maintain the appearance of a single- family dwelling.
c. Exterior staircases leading to a second story shall not be permitted. Any staircase providing access to an ADU located on the second story, or to a part of an ADU located on the second story, must be contained within the interior of the building. d. The ADU must comply with the standards contained in Section 17.05.090.
10. Landscaping. Landscaping shall be provided pursuant to Chapter 17.03, Article I. No change.
11. Off-Street Parking.
a. No parking shall be required for an ADU.
A local agency shall not impose any parking standards for an ADU in any of the following instances:
(1) Where the ADU is located within one-half of one mile walking distance of public transit.
(2) Where the ADU is located within an architecturally and historically significant historic district.
(3) Where the ADU is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is a car share vehicle located within one block of the ADU. b. If a garage, carport, or covered parking structure is reduced or demolished in conjunction with construction of an ADU or if an existing accessory structure that provides required parking spaces for the primary dwelling is converted into an ADU, the off-street parking spaces for the primary dwelling that are lost as a result of the demolition or conversion shall be replaced on-site. The replacement parking spaces shall comply with the following:
i. Spaces may be covered or uncovered.
ii. Spaces may be located anywhere on the property and must comply with the parking layout standards contained in Section 17.03.050, except tandem spaces are allowed.
iii. A mechanical automobile parking lift may be utilized.
When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, the local agency shall not require that those off-street parking spaces be replaced.
12. Utility Connections. All ADUs shall share all gas, electrical, and water meters assigned to the primary dwelling. An ADU built entirely within the footprint of the existing City of Norwalk, CA
§ 17.04.210 § 17.04.210
Downloaded from https://ecode360.com/NO4978 on 2024-10-18 main dwelling is not required to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge, unless the ADU was constructed with a new single-family dwelling, or upon separate conveyance of the ADU.
13. Address. All ADUs shall share the same address assigned to the primary dwelling. An ADU must have a separate address, but a local agency can decide how to address an ADU.
14. Covenant. Prior to issuance of a building permit for an ADU, the property owner shall file with the County Recorder a declaration of restrictions, which has been approved by the City Attorney as to form and content, containing a reference to the deed under which the property was acquired by the owner, placing the following restrictions on the property, the property owner, and all successors in interest:
a. If either the primary dwelling or ADU is rented, the property owner must occupy either the primary dwelling or ADU as his or her principal residence. Not required for ADUs; Required for JADUs.
b. The unit on the lot that is rented (i.e., either the primary dwelling or the ADU) shall be rented only for terms longer than 30 days. No change. c. The ADU is not to be sold or conveyed separately from the primary dwelling.
Under certain conditions, an ADU can be sold or conveyed separately. There is potential for cities to allow these units to be conveyed as separate property condominiums.
F. Development Standards for Conversions of Existing Space into ADUs. The following development standards shall apply to conversions of existing space within a single-family residence or an existing accessory structure:
1. Limited Scope of Work. Subsection F shall apply only to projects where the proposed ADU is contained entirely within the existing gross floor area of an existing single- family residence or accessory structure. Clarifies that ADUs that are conversions are a type of Exempt ADU and that non-living spaces of multiple family dwellings are eligible for conversions.
2. Conversion of the following structures are subject to the requirements contained in subsection E:
a. Unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cochéres, or similar structures. b. Animal enclosures or buildings used for the housing of animals. c. Accessory buildings or accessory structures that are less than 150 square feet in area.
Existing accessory structures can be converted as Exempt ADUs with a maximum of 150 SF addition limited to accommodate ingress and egress.
Non-living spaces of multiple family dwellings are eligible for conversions
3. Setbacks. No setbacks shall be required beyond what the existing structure currently City of Norwalk, CA
§ 17.04.210 § 17.04.210
Downloaded from https://ecode360.com/NO4978 on 2024-10-18 has, except modifications to the existing structure that may be required by the Building Code and Fire Code. No setback shall be required for an existing 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 ADU or to a portion of an ADU.
4. Unit Size.
a. The primary dwelling must contain a minimum of 800 square feet of gross floor area and the unit width shall be 20 feet in width in accordance with Section
17.05.090(A)(4). No minimum size shall be established for primary dwelling. b. The gross floor area of an ADU shall be a minimum of 150 square feet, and shall not exceed 50% of the gross floor area of the existing primary dwelling or 720 square feet, whichever is less. For the purpose of calculating the allowable gross floor area for an ADU, garages, unenclosed accessory structures and detached accessory buildings on the property shall not be included in the gross floor area of the existing primary dwelling. The minimum size of an ADU shall be 150 SF. No maximum size shall be required for conversions of existing permitted structures. c. An ADU may be attached to another accessory structure. In that case, the square footage of the attached accessory structure shall not contribute to the maximum gross floor area for the ADU. No change.
5. Floor Plan.
a. The ADU shall contain a kitchen, which shall include a kitchen sink, cooking appliance, refrigeration facilities and a counter top with minimum dimensions of 16 inches by 24 inches. An ADU shall contain an efficiency kitchen and must have independent entrance from primary dwelling.
b. The ADU shall contain a bathroom, which shall include a sink, toilet, and bathtub or shower. No change.
c. The ADU shall contain independent exterior access from the primary dwelling. No change.
6. Landscaping. Landscaping shall be provided pursuant to Chapter 17.03, Article I. No change.
7. Off-Street Parking.
a. No parking shall be required for an ADU.
A local agency shall not impose any parking standards for an ADU in any of the following instances:
(1) Where the ADU is located within one-half of one mile walking distance of public transit.
(2) Where the ADU is located within an architecturally and historically significant historic district.
(3) Where the ADU is part of the proposed or existing primary residence or an accessory City of Norwalk, CA
§ 17.04.210 § 17.04.210
Downloaded from https://ecode360.com/NO4978 on 2024-10-18 structure.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is a car share vehicle located within one block of the ADU. b. If a garage, carport, or covered parking structure is reduced or demolished in conjunction with construction of an ADU or if an existing accessory structure that provides required parking spaces for the primary dwelling is converted into an ADU, the off-street parking spaces for the primary dwelling that are lost as a result of the demolition or conversion shall be replaced on-site. The replacement parking spaces shall comply with the following:
i. Spaces may be covered or uncovered.
ii. Spaces may be located anywhere on the property and must comply with the parking layout standards contained in Section 17.03.050, except tandem spaces are allowed.
iii. A mechanical automobile parking lift may be utilized.
When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, the local agency shall not require that those off-street parking spaces be replaced.
8. Utility Connections. All ADUs shall share all gas, electrical, and water meters assigned to the primary dwelling. An ADU built entirely within the footprint of the existing main dwelling is not required to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge, unless the ADU was constructed with a new single-family dwelling, or upon separate conveyance of the ADU.
9. Address. All ADUs shall share the same address assigned to the primary dwelling. An ADU must have a separate address, but a local agency can decide how to address an ADU.
10. Covenant. Prior to issuance of a building permit for an ADU, the property owner shall file with the County Recorder a declaration of restrictions, which has been approved by the City Attorney as to form and content, containing a reference to the deed under which the property was acquired by the owner, placing the following restrictions on the property, the property owner, and all successors in interest:
a. If either the primary dwelling or ADU is rented, the property owner must occupy either the primary dwelling or ADU as his or her principal residence. No owner occupancy requirements for ADUs. Covenants are required for JADUs. b. The unit on the lot that is rented (i.e., either the primary dwelling or the ADU) shall be rented only for terms longer than 30 days. No change. c. The ADU is not to be sold or conveyed separately from the primary dwelling.
Under certain conditions, an ADU may be sold or conveyed separately. There is potential for cities to allow these units to be conveyed as separate property condominiums.
City of Norwalk, CA
§ 17.04.210 § 17.04.210
Downloaded from https://ecode360.com/NO4978 on 2024-10-18 (Prior code § 27-22.23; Ord. 1540 § 4, 2003; Ord. 18-1701 § 6; Ord. 21-1722 § 2)