Chapter 11.43
ACCESSORY DWELLING UNITS AND ACCESSORY STRUCTURES*
Sections:
11.43.050 Development standards.
11.43.060 Application and review process.
11.43.070 Accessory structures.
* Prior ordinance history: Ord. 2323.
11.43.010 Purpose and intent.
A. This chapter (the “chapter”) establishes the standards for permitting accessory dwelling units (“accessory dwelling units”) within the city of South Gate, formerly known as “second dwelling units,” on residential properties in accordance with Sections 65852.2, 65852.22, and 65852.26 of the California Government Code, as amended and effective January 1, 2020. An accessory dwelling unit that conforms to the development and design standards in this chapter shall:
1. Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located;
2. Be deemed a residential use that is consistent with the existing general plan and zoning designation for the lot upon which it is located;
3. Not be considered in the application of any ordinance, policy, or program to limit residential growth; and
4. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.
(Ord. 2021-01-CC § 3, 1-26-21)
11.43.020 Definitions.
For purposes of this chapter the following terms shall have the meanings indicated:
A. “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling on a fixed, permanent foundation. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling is or will be situated; provided, however, that a junior accessory dwelling unit may share sanitation facilities with the primary dwelling. An accessory dwelling unit also includes (i) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code and (ii) a manufactured home, as defined below and in Section 18007 of the Health and Safety Code. An accessory dwelling unit must be either (a) attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or (b) detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
B. “Accessory dwelling unit permit” means the formal, written approval of the community development director approving the application for an accessory dwelling unit.
C. “Application” means an application for an accessory dwelling unit permit.
D. “Attached” means attached to the primary dwelling.
E. “Building codes” means all of the requirements for authorization for the construction, alteration, improvement, modification, demolition or removal of any structure within the city of South Gate, including all codes adopted by reference in the municipal code, including but not limited to the California Building Code, the California Electrical Code, the California Plumbing Code, the California Mechanical Code, the California Residential Code and all local amendments thereto as adopted by the city in the municipal code.
F. “Building permits” means all authorizations and permissions required in accordance with all applicable building codes.
G. “City” means the city of South Gate.
H. “Detached” means detached from the primary dwelling unit.
I. “Director” means the community development director of the city of South Gate and all of his/her designees.
J. “Efficiency unit” means a dwelling unit which contains all of the following: (i) a living area of not less than two hundred twenty square feet, plus an additional one hundred square feet for each occupant in excess of two; (ii) a separate closet; (iii) a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty inches in front, together with light and ventilation conforming to Part 2.5 of Title 24 of the California Code of Regulations; and (iv) a separate bathroom containing a water closet, lavatory and bathtub or shower.
K. “Existing structure” for the purposes of defining an allowable space that can be converted to an accessory dwelling unit means any accessory structure or any space within an existing single-family dwelling or within an existing multifamily dwelling that can be made safely habitable under local building codes at the determination of the building official regardless of any noncompliance with zoning standards.
L. “Junior accessory dwelling unit” means a dwelling unit created out of space entirely within a proposed or existing single-family residence, and of no more than five hundred square feet in size, which provides independent living facilities for one or more persons and includes permanent provisions for living, an efficiency kitchen, eating and sleeping. A junior accessory dwelling unit shall have independent exterior access. Provisions for sanitation may be provided within the junior accessory dwelling unit or may share sanitation facilities with the primary dwelling.
M. “Living area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
N. “Lot” shall mean the single legal parcel of real property upon which the accessory dwelling unit shall be located.
O. “Multifamily,” “multi-family” or “multiple family” when used in this chapter shall mean buildings containing two or more primary dwelling units.
P. “Municipal code” means the municipal code of the city of South Gate.
Q. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
R. “Primary dwelling” means a lawfully constructed single-family or multifamily residence existing or proposed on the lot where the accessory dwelling unit may be permitted.
S. “Proposed dwelling” means a dwelling that is the subject of a permit application submitted to the city and that meets the requirements for permitting in the city.
T. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
U. Other words and phrases used in this chapter shall have the same meaning as provided in the South Gate Municipal Code.
(Ord. 2021-01-CC § 3, 1-26-21)
11.43.030 Permitted uses.
A. Location of Accessory Dwelling Units. The provisions of this section authorize an accessory dwelling unit to be located on a lot in any zoning district where residential use is permitted or conditionally permitted that includes a proposed or existing primary dwelling.
B. Number Allowed. On lots with one existing or proposed single-family dwelling, one accessory dwelling unit and one junior accessory dwelling unit may be permitted. On lots with more than one detached single-family dwelling, one accessory dwelling unit created by using space within the proposed or existing space of one of the single-family dwellings and one detached accessory dwelling unit with four-foot side and rear yard setbacks of no more than eight hundred square feet and sixteen feet high may be permitted. On lots with existing multiple-family dwellings, accessory dwelling units are allowed within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. At least one accessory dwelling unit shall be allowed within an existing multifamily structure, and up to a maximum of twenty-five percent of the existing multiple-family dwelling units may be permitted or no more than two detached accessory dwelling units may be permitted on a lot with multifamily dwellings. The two detached accessory dwelling units are subject to a height limit of sixteen feet except where it would not exceed the roofline of the primary dwelling, and a side and rear yard setback of four feet.
(Ord. 2021-01-CC § 3, 1-26-21)
11.43.040 General provisions.
The following provisions shall apply to all accessory dwelling units:
A. Residential Use. An accessory dwelling unit shall be used only for residential purposes and no business, enterprise or occupation shall be conducted, permitted or allowed within the accessory dwelling unit.
B. Compliance with Chapter. No accessory dwelling unit may be constructed, maintained, improved, altered, enlarged, modified, permitted or allowed within the city except as provided in this chapter and within zones that permit residential uses.
C. Rental and Sale Limitations. Accessory dwelling units may be rented. If rented, the rental term shall not be for less than thirty days. The accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary dwelling, except as set forth in subsection J of this section.
D. Any legally permitted structure, or a structure constructed in the same location and to the same dimensions as a legally permitted structure, which is to be converted to an accessory dwelling unit may be converted or built without any additional setbacks.
E. Nonconforming Residential Structures. Any nonconforming zoning conditions on the subject property shall not require correction for the purpose of adding either an accessory dwelling unit or a junior accessory dwelling unit.
F. There shall be no minimum size for accessory dwelling units which are converted from existing space, besides that which is necessary per building code standards.
G. Before the city will issue a certificate of occupancy for a junior accessory dwelling unit, the property owner shall file with the county recorder in the county recorder’s office, and provide the city with a copy bearing the recording information, a deed restriction, which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that:
1. The junior accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary dwelling, and rental of a junior accessory dwelling unit shall be for a period of longer than thirty days.
2. The applicant and all subsequent owners of the lot shall at all times occupy, as his or her primary residence, either the remaining portion of the primary dwelling 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.
3. A restriction of the junior accessory dwelling unit size and attributes exists as required by Sections 11.43.050(A)(3), (G), (J), (K), and (M)(2).
H. Before being issued a certificate of occupancy for an accessory dwelling unit, the property owner shall file with the county recorder a covenant agreement, which has been approved by the city attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner stating that:
1. The accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary dwelling, and rental of an accessory dwelling unit shall be for a period of longer than thirty days.
2. The accessory dwelling unit has been constructed in compliance to this chapter and for residential purposes in accordance to plans approved by the city.
I. For any accessory dwelling unit application on a lot with an existing or proposed single-family dwelling which is received on or after January 1, 2025, the owner of the subject property and all subsequent owners shall be the occupant of either the primary residence or the accessory dwelling unit, and such restriction shall be recorded on an instrument as approved by the city attorney and shall run with the land.
J. An accessory dwelling unit may be sold or conveyed separately from the primary dwelling to a qualified buyer if all of the criteria in subsections (J)(1) through (5) of this section are met. For the purposes of this subsection, the term “qualified buyer” means persons or families of low or moderate income, as that term is defined in Health and Safety Code Section 50093.
1. The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation. For purposes of this subsection, the term “qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Internal Revenue Code Section 501(c)(3) that has received a welfare exemption under Revenue and Taxation Code Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.
2. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in Revenue and Taxation Code Section 402.1(a)(10).
3. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(a) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
(b) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation a right to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(c) A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(d) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for forty-five years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(e) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant; provided, that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
(f) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or agreement with a third party.
(g) Procedures for dispute resolution among the parties before resorting to legal action.
4. A grant deed naming the grantor and grantee, and describing the property interest being transferred, shall be recorded in Los Angeles County. A preliminary change of ownership report shall be filed concurrently with that grant deed pursuant to Revenue and Taxation Code Section 480.3.
5. If requested by a utility providing service to the primary dwelling, the accessory dwelling unit shall have a separate water, sewer, and/or electrical connection to that utility.
Statutory Reference: Government Code § 65852.26, as modified by AB 345 (September 28, 2021).
(Ord. 2022-02-CC (Exh. A § 7), 3-8-22; Ord. 2021-01-CC § 3, 1-26-21)
11.43.050 Development standards.
An accessory dwelling unit may be attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
A. Floor Area. The following floor area standards for accessory dwelling units apply:
1. Attached accessory dwelling units shall not exceed fifty percent of the existing primary dwelling or either eight hundred fifty square feet for a studio or one-bedroom unit or one thousand square feet for a unit of more than one bedroom, whichever is less; provided, however, that these floor area requirements shall not preclude an accessory dwelling unit of at least eight hundred square feet from being constructed.
2. Detached accessory dwelling units shall not exceed eight hundred fifty square feet for a studio or one-bedroom unit or one thousand square feet for a more than one-bedroom unit.
3. Junior accessory dwelling units shall not exceed five hundred square feet.
B. Lot Coverage. The following lot coverage standards for accessory dwelling units apply:
1. The first eight hundred square feet of either an attached or detached accessory dwelling unit will not count towards the lot coverage of the subject property. Any additional footprint after eight hundred square feet will count towards the lot coverage of the property and the lot coverage limits of the underlying zone shall apply.
2. An accessory dwelling unit constructed in the same location and to the same dimensions as an existing accessory structure that is converted to an accessory dwelling does not count towards the lot coverage of the property.
C. Minimum Yard Areas. The following minimum yard requirements apply:
1. Front Yards. The provisions of the applicable underlying zoning designation of the subject property shall apply.
2. Rear Yards. The minimum rear yard shall be four feet.
3. Side Yards. The minimum side yard shall be four feet.
D. Building Height. The following maximum building height requirements apply:
1. Detached accessory dwelling units may not exceed sixteen feet in height, measured from the finished grade to the peak of the roof. Attached accessory dwelling units may not exceed the height of the roofline of the primary dwelling.
2. Accessory dwelling units shall not be constructed above a detached garage except where it would not exceed the roofline of the primary dwelling measured from finished grade to the peak of the roof.
3. Accessory dwelling units and junior accessory dwelling units shall have a vertical clearance from finished floor to ceiling within the habitable space up to eight feet.
E. Building Separation. There shall be a minimum of six feet separating all construction (including eaves and similar architectural features) of the detached accessory dwelling unit from the main building(s) or other accessory building(s) on the same lot.
F. Expansion of Existing Structure. An accessory dwelling unit created within an existing accessory structure or an existing primary dwelling may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure or existing primary dwelling. An expansion beyond the physical limitation of the existing accessory structure or existing primary dwelling shall be limited to accommodating ingress and egress. This expansion will be exempt from local development standards.
G. Parking. No parking shall be required for any accessory dwelling unit or for any junior accessory dwelling unit.
H. Design Standards. The following design standards shall apply to all accessory dwelling units:
1. An attached accessory dwelling unit shall not involve any changes to existing street facing walls nor to existing floor and roof elevations.
2. This subsection shall not be interpreted to prohibit a prefabricated structure or manufactured home, as defined in Section 18007 of the California Health and Safety Code.
3. All exterior lighting shall be shielded in a way so that no light spills onto adjacent properties.
I. Garage Conversions. Garage conversions shall be allowed subject to the following provisions:
1. No additional setback shall be required for an existing garage which is converted to an accessory dwelling unit.
2. The garage door shall be removed and replaced with a new facade. The new facade shall include a minimum of one window or entryway.
J. Junior Accessory Dwelling Units. One junior accessory dwelling unit shall be permitted on lots with an existing or proposed primary dwelling and no more than one detached accessory dwelling unit subject to the following provisions:
1. The junior accessory dwelling unit shall be fully located within an existing or proposed primary dwelling.
2. The unit shall be no more than five hundred square feet in floor area.
3. The unit may maintain an interior connection to the primary dwelling and shall provide an exterior entrance separate from the primary dwelling entrance.
4. The unit may contain separate sanitation facilities or may share with the primary dwelling.
5. The unit shall include an efficiency kitchen that shall include the following components:
i. A cooking facility with appliances; and
ii. A food preparation counter and storage cabinets.
K. Interior Amenities. Washer/dryer hookups shall be provided within an accessory dwelling unit or the hookups may be provided within a shared common space.
L. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.
M. Utility Connections.
1. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating city and county connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed in conjunction with a new primary dwelling.
2. For a junior accessory dwelling unit or an accessory dwelling unit located within the existing primary dwelling, a new or separate utility meter shall not be required and a related connection or capacity fee may not be charged, unless the accessory dwelling unit has been constructed with a new primary dwelling.
3. When the accessory dwelling unit is attached or detached, a new or separate utility meter shall not be required.
(Ord. 2021-01-CC § 3, 1-26-21)
11.43.060 Application and review process.
A. Processing Application. Within sixty days of receipt of a completed application, submitted with all supporting documentation to the specifications provided by the director and, if applicable, all fees required for building permits, development and planning approvals, authorizations and permissions, in accordance with Government Code Sections 66000 et seq., the director shall issue an accessory dwelling unit permit, ministerially, without discretionary review or hearing, upon making a determination that the proposed accessory dwelling unit would be in compliance with this chapter and that all required approvals, permits, authorizations and permissions exist for the lawful use of the accessory uses or will be issued by the appropriate agency or department. Notwithstanding the foregoing sixty-day issuance requirement, if the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.
B. Health Official Approval. In the event that the property is served by a functioning private sewage disposal system, any application for an accessory dwelling unit must be approved by the health official for the city before an accessory dwelling unit permit may be issued by the director.
C. Conditions of Approval. The director may include conditions on the accessory dwelling unit permit that are consistent with this chapter.
(Ord. 2021-01-CC § 3, 1-26-21)
11.43.070 Accessory structures.
The following provisions, in combination with Section 11.43.060 (Application and review process), are minimum requirements for all accessory structures:
A. Nonhabitable accessory buildings or structures include but are not limited to the following:
1. Garages;
2. Carports;
3. Workshops;
4. Storage rooms or sheds;
5. Detached patio covers;
6. Pool bathrooms.
B. All nonhabitable accessory buildings or structures, with the exception of a pool bathroom, are not permitted to contain a bathroom.
C. Pool bathrooms consisting of a three-quarter bathroom are permitted in conjunction with the development of a pool or when a pool exists on the lot.
D. With the exception of a garage or an accessory dwelling unit, a detached accessory structure shall not be located in the front of the main building or directly between the main building and the street.
E. All detached accessory structures or buildings within residential zones, except accessory dwelling units, shall be a minimum of five feet from any property line, unless otherwise expressed in this code, be located at least six feet from the main building and be no taller than ten feet high.
F. Accessory structures are not permitted above a detached garage in residential zones.
G. Canopy Structures. The following regulations apply to canopy structures on a residential lot:
1. Canopy structures shall not be not be located on any lot for a period of more than three days.
2. Canopy structures shall not be located within the view of a public right-of-way, front or side yard area or driveway.
3. Canopy structures with a maximum projected canopy area of two hundred square feet, maximum height of twelve feet and a maximum length of twenty feet may be located within a rear yard area.
4. Reflective, mirrored type covering material shall be prohibited.
H. Storage Containers. Storage containers may be located on a lot developed with a single-family residence on a temporary basis, subject to the following standards:
1. Short-Term Location. One storage container may be located on a lot up to a total of fourteen days in any calendar year without the approval of any permit.
2. Administrative Review. One storage container may be located on a lot for up to six months in conjunction with permitted construction activity on the same lot, subject to approval pursuant to an administrative review. Approval pursuant to an administrative review for this purpose may only be undertaken in conjunction with construction activity for which a valid city building and/or grading permit has been issued and continues to remain active and valid. Regardless of the time period for which the presence of the container is approved pursuant to an administrative review, the right to keep the storage container on the lot shall automatically expire upon the expiration or termination of all grading and building permits, or upon the final inspection and completion of associated construction activity. In cases where a storage container has been located on a lot in an unauthorized manner prior to approval by an administrative review, any approved time duration shall commence and run from the date during which the location of the storage container on the lot was first documented.
3. Where the temporary presence of a storage container has been approved by an administrative review, the deadline for removal of the container may be extended for up to six months by the director of community development for good cause.
4. Location. The location of a temporary storage container shall be subject to approval pursuant to an administrative review and shall take into consideration such factors as visibility from the street and surrounding properties, and visual and privacy impacts to surrounding properties. The storage container may only be located in the front yard when location in other areas is not feasible or would create other impacts. Location of a storage container on a driveway may only be approved where access to the garage or carport can continue to be provided for at least one vehicle.
5. Size. Storage containers shall be no greater than twenty feet in length, ten feet in height, and ten feet in width.
6. Permanent Placement. Permanent placement of storage containers is prohibited on vacant lots and lots developed with residential uses.
I. Garages and Carports. Garages and carports shall have a minimum interior clear width of eighteen feet and depth of twenty feet between columns or walls. Three-car garages shall have a minimum interior clear width of twenty-seven feet and depth of twenty feet.
1. Tandem garage parking is permitted in NL or NM zones to comply with a required three-car garage for a single residential unit. This requires a garage to have a minimum of two parking spaces side-by-side at the garage entrance and minimum nine feet by twenty feet shall be provided behind.
(Ord. 2021-01-CC § 3, 1-26-21)