ADU Builder in Baldwin Park, CA: City Rules, Fees and Permits

What are the ADU rules in Baldwin Park?

Baldwin Park's draft 2021 to 2029 housing element says accessory dwelling units are permitted by right in all residential zones, which it lists as R-1 7,500, R-1, R-G and R-3, and that a unit is subject to all development standards of the underlying zoning district with a few minor exceptions. The element also says the city last updated its ADU ordinance in 2018 and had drafted a new ordinance under review with the state housing department. The state has changed its ADU rules several times since then. HCD's December 28, 2021 review of the draft element found parts of the city's ordinance were not consistent with state ADU law, naming height restrictions, setback requirements for junior accessory dwelling units, bedroom count limits and open space requirements. State law sets the floor a local rule cannot go under. Government Code Section 66321 stops a city from setting a maximum accessory dwelling unit size less than eight hundred fifty square feet of interior livable space, or one thousand square feet for a unit with more than one bedroom, requires the city to allow at least 800 square feet of interior livable space with four-foot side and rear yard setbacks, and requires the city to allow a height of 16 feet for a detached unit and 18 feet within one-half of one mile walking distance of a major transit stop. Section 66314 caps a detached unit at 1,200 square feet.

How long does an ADU permit take in Baldwin Park?

State law sets the clock and the city runs on it. Under Government Code Section 66317, a permitting agency must decide whether an accessory dwelling unit application is complete and give written notice no later than 15 business days after receiving it, and it must approve or deny a complete application within 60 days of receiving it. If the city has not acted within 60 days the application is deemed approved, and if you ask the city for a delay, the 60-day period is tolled for that delay. Approval is ministerial, so there is no hearing and no discretionary design review, and a denial has to come back in writing with the items that need fixing and how to fix them. A denial can be appealed in writing to the city council or the planning commission, and the appeal decision comes no later than 60 business days after the appeal is filed. Baldwin Park's own permit history is worth knowing before you plan around a date. HCD's December 28, 2021 review of the city's draft housing element recorded a projection of 366 ADUs for an average of 46 a year over the eight-year planning period, while the city's Annual Progress Report records showed 7 ADUs permitted in 2018, 5 in 2019 and 10 in 2020, an average of 7 a year, and said the city's past performance on permitting ADUs does not support a six-fold increase.

How many ADUs can I build on a Baldwin Park lot?

State law covers a lot with a single-family dwelling. Government Code Section 66323 requires the city to ministerially approve an application for a building permit to create one accessory dwelling unit and one junior accessory dwelling unit per lot, including one detached new construction unit that does not exceed four-foot side and rear yard setbacks, and the city may not preclude such an application. Section 66323 also stops the city from requiring a correction of nonconforming zoning conditions as a condition of that approval. On how many units can sit on the lot at once, Section 66314 says the city has to provide that an accessory dwelling unit does not exceed the allowable density for the lot it sits on and that the unit is a residential use consistent with the existing primary dwelling. Baldwin Park's housing element says ADUs are permitted by right in all residential zones and are subject to the development standards of the underlying zoning district, with a few minor exceptions. HCD's November 8, 2022 review of the city's revised draft element noted that the city projected 220 units through SB 9 based on uptake in ADU applications and 40 inquiries about SB 9, and that if ADU production did not keep pace with the element's assumptions, the element had to commit to specific strategies such as reducing assumptions and rezoning.

What fees and parking rules apply to an ADU in Baldwin Park?

Two state rules set the outside limits on what the city can charge and require. First, impact fees. Government Code Section 66311.5 says a local agency, special district or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit that has 750 square feet of interior livable space or less, or a junior accessory dwelling unit of 500 square feet or less, and that any impact fee on a larger unit must be charged proportionately in relation to the square footage of the primary dwelling. The same section says the city may not require you to install a new or separate utility connection directly between the unit and the utility, or impose a related connection fee or capacity charge, unless the unit was built with a new single-family dwelling. Second, parking. Section 66314 says parking requirements for an accessory dwelling unit shall not exceed one parking space per unit or per bedroom, whichever is less, and the city may reduce or eliminate parking requirements for any unit in the city. Section 66322 adds six situations where the city shall not impose any parking standard at all, including a unit within one-half of one mile walking distance of public transit, a unit inside an architecturally and historically significant historic district, and a unit that is part of the proposed or existing primary residence or an accessory structure.

How much does an ADU cost in Baldwin Park?

Start with L Square's published prefab prices, then add the site work. The configured models are Model 600 at $180,000 for 600 square feet with 2 bed and 1 bath, Model 800A and Model 800B at $240,000 each for 800 square feet with 2 bed and 2 bath, Model 1000A and Model 1000B at $295,000 each for 1,000 square feet with 3 bed and 2 bath, and Model 1200 at $354,000 for 1,200 square feet with 3 bed and 2 bath. Those are configured model prices from the lscontractor.com cost guide, not a quote for your lot, and they do not cover sewer and water connections, electrical panel work, foundations on sloped ground, permit fees, or finish upgrades. L Square is a licensed California contractor, CSLB #1095476, and prices an actual Baldwin Park project after a site visit. Call (949) 374-7980 to set one up.

What should I check before building an ADU in Baldwin Park?

Four checks decide whether a Baldwin Park lot can carry a unit, and all of them come out of the same two places. Water and sewer: Section 66311.5 says the city may not require a new or separate utility connection for the unit unless it was built with a new single-family dwelling, so find out where the sewer line runs and whether it has capacity. Lot and zone: Baldwin Park's housing element lists ADUs as permitted by right in the R-1 7,500, R-1, R-G and R-3 zones, subject to the development standards of the underlying zoning district with a few minor exceptions, so check your parcel against that list. Size: a detached unit may not exceed 1,200 square feet under Section 66314, and a city may not set a maximum below eight hundred fifty square feet of interior livable space, or one thousand square feet for a unit with more than one bedroom, under Section 66321. Height: the city must allow at least 16 feet, or 18 feet within one-half of one mile walking distance of a major transit stop. Fire sprinklers: Section 66314 says the unit does not have to have sprinklers if the primary residence does not, and building it cannot trigger a sprinkler requirement for the existing house. Rental use: Section 66315 says the city may not add an owner-occupant requirement, and it may require that the property be rented for terms of 30 days or longer.

Official Baldwin Park ADU sources

• The City of Baldwin Park's draft 2021 to 2029 housing element says accessory dwelling units are permitted by right in all residential zones, which it lists as R-1 7,500, R-1, R-G and R-3, and are subject to all development standards of the underlying zoning district with a few minor exceptions. The element says the City last updated its ADU ordinance in 2018 and had drafted a new ADU ordinance that was under review with the Department of Housing and Community Development. Official source
• In a December 28, 2021 review of the City of Baldwin Park's 6th cycle draft housing element, HCD wrote that the element projected 366 ADUs for an average of 46 ADUs per year over the eight-year planning period, while the City's Annual Progress Report records show 7 ADUs permitted in 2018, 5 in 2019 and 10 in 2020 for an average of 7 ADUs per year. HCD also found several parts of the City's ADU ordinance were not consistent with State ADU Law, including height restrictions, setback requirements for junior accessory dwelling units, restricting bedroom count and open space requirements. Official source
• The City of Baldwin Park's 2014 to 2021 housing element, adopted October 2, 2013, says the Zoning Code allows attached or detached second residential units to be constructed in the R-1, R-G and R-3 zones as an accessory use, and that additional conditions are standard and do not impede the creation of second units, including that the owner of the property must reside within the primary or second dwelling unit and may rent, but not sell the second unit. Official source
• In a November 8, 2022 review of the City of Baldwin Park's 6th cycle revised draft housing element, HCD wrote that the element projected 220 units through SB 9 based on an uptake in ADU applications and 40 inquiries regarding the usage of SB 9, and that if production and affordability did not keep pace with the assumptions, the element had to commit to specific strategies such as reducing assumptions and rezoning or identifying alternative sites within a specific timeframe. Official source
• California Government Code Section 66314 provides that the total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet, that an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling, that parking requirements shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less, that the local agency may reduce or eliminate parking requirements, and that these standards shall not include requirements on minimum lot size. Official source
• California Government Code Section 66317 requires a permitting agency to determine whether an accessory dwelling unit application is complete and give written notice of that determination no later than 15 business days after receiving the application, to approve or deny a completed application within 60 days from the date it receives the application, and provides that if the agency has not acted within 60 days the application shall be deemed approved. On appeal, a final written determination comes no later than 60 business days after the applicant's written appeal. Official source
• California Government Code Section 66321 provides that a local agency shall not establish a maximum accessory dwelling unit size less than eight hundred fifty square feet of interior livable space, or one thousand square feet for a unit that provides more than one bedroom, must permit an accessory dwelling unit with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks, and must allow a height of 16 feet for a detached unit and 18 feet for a detached unit within one-half of one mile walking distance of a major transit stop. Official source
• California Government Code Section 66322 provides that a local agency shall not impose any parking standards for an accessory dwelling unit where the unit is within one-half of one mile walking distance of public transit, within an architecturally and historically significant historic district, part of the proposed or existing primary residence or an accessory structure, when on-street parking permits are required but not offered to the occupant, or when a car share vehicle is located within one block of the unit. Official source
• California Government Code Section 66311.5 provides that a local agency, special district or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit that has 750 square feet of interior livable space or less or a junior accessory dwelling unit that has 500 square feet or less, that impact fees on a larger unit shall be charged proportionately in relation to the square footage of the primary dwelling unit, and that a local agency shall not require a new or separate utility connection unless the unit was built with a new single-family dwelling. Official source
• California Government Code Section 66323 provides that a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create one accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling, including one detached new construction accessory dwelling unit that does not exceed four-foot side and rear yard setbacks, and that a local agency shall not require, as a condition for ministerial approval, the correction of nonconforming zoning conditions. Official source
• California Government Code Section 66315 provides that no additional standards shall be used or imposed for an accessory dwelling unit other than those provided in Section 66314, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer. Official source