HomeMy WebLinkAbout3. PLN-17-00103 ADUSTAFF REPORT
PLANNING DIVISION
DATE: APRIL 18, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY:DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: PLN-17-00103 – ZONE TEXT AMENDMENT TO AMEND THE
MUNICIPAL CODE REGULATING ACCESSORY DWELLING UNITS
LOCATION: CITYWIDE
ZONING:RESIDENTIAL ZONES
REPORT SUMMARY
The City currently regulates “Second Unit Developments” within its zoning code under
Section 9414. However, a new state law renames Second Unit Developments as
“Accessory Dwelling Units” as well as further limits the City’s authority to regulate their
construction and use. The proposed zone text amendment would bring the City’s
Municipal Code into compliance with Senate Bills (SB) 1069 and 229, and Assembly Bill
(AB) 2299 and 494, governing the construction of Accessory Dwelling Units (ADUs).
These bills make findings that ADUs provide additional rental housing stock, and that
these units are an essential component of housing supply in California.
Based on the analysis contained in this report, staff is recommending the Planning Commission
adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE
TEXT AMENDMENT (PLN-17-00103), THEREBY AMENDING VARIOUS
SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS
BACKGROUND
The California Legislature enacted new laws that preempt a city’s zoning code concerning
Accessory Dwelling Units (ADUs) in certain circumstances. The new laws include:
SB 1069 (Chapter 720, Statutes of 2016): Reduces parking requirements and in some
cases eliminates parking for the ADU. This bill also mandates that the City permit ADUs
PC Agenda Page 1
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 2
contained within an existing structure in all residential zones and establishes a
prohibition on precluding ADUs.
AB 2299 (Chapter 735, Statutes of 2016): Establishes a staff level review process for
ADUs, if the unit complies with certain parking requirements, the maximum allowable
size of an attached or detached ADU, and setback requirements. This statute also
preempts, in some circumstances, the City’s existing accessory dwelling unit ordinance.
SB 229 (Chapter 594, Statutes of 2017): Requires the conversion of existing space be
allowed in all Residential zones. Conversion of existing space is permitted in multi-family
zones developed with a single-family dwelling unit.
AB 494 (Chapter 602, Statutes of 2017): Requires that parking requirements for
accessory dwelling units not exceed one parking space per unit or bedroom, whichever
is less, and clarifying that a studio, pool house, or other similar structure is considered
an accessory structure.
As a result of the potential to impact existing neighborhoods, and the Police and Fire
Department’s concerns for public safety, on April 25, 2017 the City Council adopted Interim
Urgency Ordinance No. 17-1376, establishing a temporary moratorium on Accessory and Junior
Accessory Dwelling Units. This moratorium was intended to give staff time to study how best to
implement the new laws, while minimizing impacts. On May 23, 2017, the City Council extended
the Interim Urgency Ordinance for an additional 10 months and 15 days.
On April 4, 2018, the Planning Commission held a study session to review and discuss the
proposed Accessory Dwelling Unit language.
On April 5, 2018, notice of the pending zone text amendment was published in the Downey
Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code;
and,
On April 18, 2018, the Planning Commission held a duly noticed public hearing and after fully
considering all oral and written testimony and facts and opinions offered at the aforesaid public
hearing, adopted this resolution.
DISCUSSION
SB 1069, AB 2299, SB 229, and AB 494 are applicable to both general law and charter cities.
These new statutes affect local authority to regulate the permitting for construction and use of
accessory dwelling units. It adds findings to the Government Code to provide that “accessory
dwelling units” provide security to homeowners, offer lower cost housing to the public, and are
an essential component to California’s housing supply.
Prior to the new statutes, state law permitted cities to adopt ADU ordinances. For cities that
adopt an ADU ordinance, there is some flexibility to include local standards and discretionary
permitting, within the limitations in state law. For example, the City may require that the property
owner live on site, and also may prohibit short-term vacation rentals. Finally, the City may
designate areas where new ADUs can be established and create development standards
related to parking, height, setbacks, lot coverage (floor area ratio), landscaping, and certain
architectural requirements.
PC Agenda Page 2
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 3
The statutes listed above tightened local discretion over ADU regulations, and if certain criteria
are met, preempt any inconsistent local ADU ordinance. Specifically, Government Code section
65852.2, as amended by SB 1069, AB 2299, SB 229 and AB 494:
1.Allows a city to adopt an ordinance providing for the creation of accessory dwelling units.
The ordinance may: (a) designate areas, (b) impose building standards, and (c) provide
that accessory dwelling units do not exceed the allowable density.
2.Prohibits requiring accessory dwelling units to have fire sprinklers, unless required in the
main residence.
3.Imposes restrictions on local, parking requirements if an ADU meets one of the
following: (i) Located within ½ mile of public transit; (ii) Located within an architecturally
and historically significant historic district; (iii) Part of an existing primary residence or an
existing accessory structure; (iv) When on-street parking permits are required but not
offered to the occupant of an ADU; and (v) When a car share vehicle is located within
one block of an ADU.
4.Within residential zones, requires that cities ministerially approve ADUs for a building
permit: (1) are limited to one ADU per residential lot if the ADU is contained within the
existing space of a single-family residence or existing accessory structure; (2) has
independent exterior access from the existing residence; (3) and the side and rear
setbacks are sufficient for fire safety.
5.Requires cities not to consider accessory dwelling units “new residential uses” for
purposes of calculating utility, water, and sewer connection fees, if the ADU must be
ministerially approved, based on the criteria noted above.
6.Mandates that ADUs located within an existing residence or existing accessory structure
that must be ministerially approved (based on the criteria noted above) cannot be
required to install a new or separate utility connection or a related fee or capacity
charge.
Under the new state law, the City is still able to designate areas where new ADU's are built.
However, state law also requires that cities ministerially approve conversion of existing space in
any residential zone that is developed with a single-family dwelling unit. If a property in a multi-
family zone is developed with a single-family dwelling unit, the property owner may convert a
portion of the house, a guesthouse, pool house, or garage, into an accessory dwelling unit, so
long as the owner complies with the proposed development standards. Inasmuch as the City
has already defined Second Unit Development (SUD) areas on the zoning map, these areas will
be redesignated as the ADU areas. To comply with new statutes, the City will allow existing
space within a single-family residence or existing accessory structure to be converted to an
ADU. For the purpose of the City's amended ADU ordinance, an existing residential space will
be defined as one that has been legally permitted and received final building approval for over
two years.
PC Agenda Page 3
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 4
EXISTING SUD VS PROPOSED ADU STANDARDS
Current Standards Proposed Standards
Zone ADU areas within R-1 Zones New, Attached and Detached
Accessory Dwelling Units - Accessory
Dwelling Unit Areas in R-1 Zones
Conversion of existing enclosed areas –
All Residential Zones*
*Multi-Family zoned properties – must
be developed with only a single-family
residential dwelling unit.
Minimum Lot Size 7,500 sq.ft.As dictated by zone.
Minimum Lot
Width
The minimum lot width shall
meet or exceed the minimum
lot width for the zone.
The minimum lot width shall meet or
exceed the minimum lot width for the
zone.
Location Rear of the principal dwelling
unit.
Rear of the principal dwelling unit.
Minimum Distance
Between
Structures
10’10’
Maximum Height
for Detached ADU 15’12’
Maximum Size 50% of main dwelling unit, not
to exceed 1,000 sq. ft.
Minimum: 220 sq.ft.
Maximum: 850 sq.ft.
Parking
In addition to the required
parking for the principal
dwelling unit, a two (2) car
garage shall be provided.
Square feet added to principal dwelling
unit
Kitchens One (1) kitchen per dwelling
unit
One (1) kitchen per dwelling unit.
Home Occupations
and Large Family
Day Care
Only in owner occupied unit.Only in owner occupied unit.
Number of ADUs One per lot One per lot
Parking is one of the most critical issues facing Downey as the City considers the ADU
Ordinance. Many of the streets in the R-1 zone are narrow and considered parking impacted.
These narrow, parking impacted streets are difficult for emergency responders to navigate and
access homes in the single-family neighborhoods. In order to protect the health, safety, and
welfare of the existing residential neighborhoods, it is important to provide sufficient on-site
parking. State law purposefully reduced parking requirements for ADUs in certain circumstances
(as noted above), but cities may require replacement parking. Instead of providing separate and
distinctive parking for ADUs, staff is proposing parking requirements based on the total
enclosed square footage on a lot, which includes a principal dwelling unit, a guest house, and
storage rooms. In this approach to parking, the City will require parking based on total structure
size. For example, an owner proposing a 500 square foot addition will be treated the same as
an owner proposing a 500 square foot ADU.
PC Agenda Page 4
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 5
In accordance with the new state law, ADUs are subject to ministerial review, through the
Building and Safety Plan Check process. Staff will verify compliance with the Zoning Code as
part of this process.
As proposed, the Code will read as follows (blue is new text and red strikethrough is deleted
text):
Section 9122. “A” Definitions
Accessory Dwelling Unit or “ADU”: An attached or a detached residential dwelling unit, which
provides complete independent living facilities for one or more persons and includes permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-
family dwelling unit it is accessory to, and is located on a fixed or permanent foundation. The
term "ADU" captures and supersedes the terms "Second Unit Developments" under the
Municipal Code and any adopted Development Code of a Specific Plan or Community Plan.
Accessory Living Quarters or Guest House: Living quarters, or other habitable space,
without any kitchen facilities within a detached accessory building or attached to the main
building, located on the same lot as the main building, for use by temporary guests or for the
use of domestics employed on the premises by the occupants of the lot. An accessory living
quarter or guesthouse shall be ancillary to the main dwelling unit, be less than seven hundred
(700) square feet in size, and shall not contain more than one room plus a bathroom.
Section 9124. “B” Definitions
Building, Main: The principal structure on the property and the building in which is considered a
principal use of the lot upon which it is situated. Every dwelling (except an ADU accessory living
quarters or guesthouse or second unit development) in a residential zone is a main building.
Section 9128. “D” Definitions
Dwelling, Duplex: A building designed exclusively for occupancy by two (2) families living
independently of each other and containing two (2) attached dwelling units, excludes Accessory
Dwelling Units.
Dwelling, Second. See “Second Unit Development”
Section 9134. G” Definitions
Guesthouse: Living quarters, or other habitable space, without any kitchen facilities within a
detached accessory building or attached to the main building, located on the same lot as the
main building, for use by temporary guests or for the use of domestics employed on the
premises by the occupants of the lot. A guesthouse shall be ancillary to the main dwelling unit,
be less than seven hundred (700) square feet in size, and shall not contain more than one room
plus a bathroom.
Section 9138. “I” Definitions
Independent Exterior Access: A door that provides independent access to an ADU and is
located on the exterior façade of the ADU. Independent Exterior Access must comply with the
minimum requirements of the Building Code.
PC Agenda Page 5
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 6
Section 9140. “J” Definitions
Junior Accessory Dwelling Unit: A unit that is no more than 500 square feet in size and
contained entirely within an existing single-family structure, with an entrance into the unit from
the main home, and shares kitchen and sanitation facilities with the main home.
Section 9142. “K” Definitions
Kitchen: A room or space used, or intended, or designed to be used for the cooking or
preparation of food.
Section 9158. “S” Definitions
Second Unit Development: A subordinate dwelling unit having separate living, sleeping,
eating, cooking, and sanitation facilities independent of the principal dwelling on the same lot.
The second unit may be attached to or detached from an existing single-family principal
dwelling, which is not intended for sale but may be rented.
Short Term Rental: The rental or lease of a dwelling unit for a period of 30 days or less.
Residential Zones and Use Regulations (Section 9312.06, Table 9.3.2), to be amended as
follows:
Use
R-1
(all lot
sizes)
R-2 R-3 R-3-O NOTES AND EXCEPTIONS
Residential (cont’d)
Accessory Dwelling Unit P P P P Subject to Section 9414
Junior Accessory
Dwelling Unit
NP NP NP NP
Second unit
developments
P NP NP NP Subject to Section 9414
SECTION 9414 –Second Dwelling Unit Developments (Section 9414) will be replaced in its
entirety with the following:
SECTION 9414. ACCESSORY DWELLING UNIT DEVELOPMENTS
SECTION 9414.02. INTENT AND PURPOSE
The intent and purpose of this section is to establish residential Accessory Dwelling Unit (ADU)
regulations in order to provide a mechanism for accommodating ADUs in appropriate,
residential areas and govern the creation of ADUs within the City. The provisions are intended
to stabilize property values and enhance the single-family character of neighborhoods by
insuring that ADUs are developed under appropriate conditions.
PC Agenda Page 6
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 7
SECTION 9414.04. APPLICABILITY AND APPROVALS
Accessory Dwelling Units are permitted in the following areas:
(a) In all residential zones, conversion of an existing structure is permitted, subject to the
provisions of Section 9414 et seq. For the purposes of this section, an existing structure
shall mean a structure for which proper building permits have been issued and the final
inspection has been approved at least two years prior to submitting the ADU into
Building Plan Check.
(b) Within the Accessory Dwelling Unit Areas (as depicted on the Official Zoning Map),
construction of a new building or an addition to an existing building, attached or
detached is permitted, subject to Section 9414 et seq.
SECTION 9414.06. STANDARDS
In addition to the development standards for the zone, the following standards shall apply to all
ADU developments. In the event there is a conflict between the following standards and any
other portion of the code, this section shall apply.
(a) There shall be no more than one (1) ADU per parcel.
(b) There shall be not more than one (1) principal dwelling unit on a parcel.
(c) There shall be not more than one (1) address on the parcel, except that ADUs may have
a unit number or letter.
(d) The total floor area of an ADU shall not exceed 850 square feet and shall not be less
than 220 square feet. The ADU counts towards the maximum allowable floor area ratio
or lot coverage for the property.
(e)ADUs that require construction of a new building or an addition to an existing building
shall only be located on lots that meet the minimum lot size and width for the zone.
(f) Existing space within a single-family residence or within an accessory structure may be
converted into an ADU, provided that the proposed ADU has Independent Exterior
Access from the existing residence, and the side and rear setbacks are sufficient for fire
safety, and as required by the adopted California Building Code, as modified by the City
of Downey.
(g) The entrance to an ADU shall not face onto a front yard or street side yard.
(h) ADUs shall be located to the rear of the principal dwelling unit. This shall not apply to the
conversion of existing space, as allowed under Section 9414.04(a).
(i)An ADU must provide an automatic sprinkler system if an automatic sprinkler system is
required for the principal residence.
(j) Access to all on-site parking shall be provided from one (1) common driveway. This shall
not preclude a circular driveway as allowed under Municipal Code Section 9710 –
Residential Parking Design Standards.
PC Agenda Page 7
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 8
(k) No more than one (1) kitchen per dwelling unit shall be permitted.
(l) The property owner shall record a covenant to the subject property that identifies the
total number of dwellings units on the property, prohibits the units from being sold
separately, and provides that at least one (1) dwelling unit shall be owner-occupied.
(m)An ADU shall include washer and dryer connections.
(n)All new on-site utilities shall be underground.
(o) All development impact fees (water, sewer, park, and traffic fees) shall be proportional to
the actual impact and charged in accordance with the Fee Mitigation Act. An ADU is not
considered a new residential use when calculating connection fees and capacity
charges.
(p) ADUs shall utilize the same utility connections as the primary residence. Separate utility
connections and meters are prohibited.
(q) Short term rentals (30 days or less) shall be prohibited in the principal dwelling unit or
ADU.
(r)Home occupations and large family day care (nine (9) to fourteen (14) children) shall
only be allowed in the owner-occupied unit.
(s) The property owner/applicant shall be required to obtain all building permits and
inspections prior to occupancy of an ADU.
SECTION 9414.08. GARAGE CONVERSIONS
(a) An existing garage may be converted into an ADU. No additional building separation
shall be required other than what is provided as part of construction of the garage. Any
additions shall provide building separations, as required by the base zone. For the
purposes of this section, an existing garage shall mean a garage for which proper
permits have been issued and finalled at least two years prior to submitting plans for an
ADU conversion into Building Plan Check.
(b) If an existing garage or other parking is converted or displaced for an ADU, the
conversion or displacement shall not eliminate any off-street parking that is required for
the property or, if eliminated, the off-street parking shall be replaced per Section 9708.
SECTION 9414.10. DESIGN OF ACCESSORY DWELLING UNITS
The Accessory Dwelling Unit shall be designed to be compatible with the principal dwelling unit,
reflecting similar massing, architectural style and detail, fenestration, roof pitch, color, and
materials.
SECTION 9414.12. PARKING REQUIREMENTS
Separate parking shall not be required for an ADU. However, the square footage of an ADU
shall be included in the total square footage calculation to determine total parking required
pursuant to Municipal Code Section 9708.
PC Agenda Page 8
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 9
Residential Off-Street Parking (Section 9708, Table 9.7.2) to be amended as follows:
Land Use
Type
Required Off-Street Parking Notes and Comments
Single-family
dwellings
2.0 covered spaces within a garage
for dwelling units with 2,999 or less
square feet of habitable space
3.0 covered space within a garage for
dwelling units between 3,000 and
4,000 square feet of habitable space
4.0 covered spaces within a garage
for dwelling units with 5,000 or
greater square feet of habitable space
For purposes of calculating required
parking, the square footage of all
enclosed areas, including storage
areas, guest houses and ADUs,
except garages, shall be included.
An equivalent number of required
parking spaces shall be provided in
the driveway. Driveway spaces may
be tandem.
Second unit
developments
2.0 covered spaces within a garage Shall be in addition to the parking
required for the main building.
DEVELOPMENT REVIEW COMMITTEE (DRC)
On June 29, 2017, the DRC reviewed the proposed ADU amendments. Both the Fire and Police
Departments were concerned with access. The Public Works Department was concerned with
impacts to public streets, and the Building Department indicated that all new construction must
comply with the Building Code.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed Zone Text Amendment for compliance with the California
Environmental Quality Act (CEQA). Upon completion of this review, staff has been determined
that the proposed zone text amendment is not subject to CEQA pursuant to Public Resources
Code Section 21080.17 and CEQA Guidelines Section 15282(h), because this is an ordinance
regarding ADUs to implement the provisions of Government Code Section 65852.2.
FINDINGS
Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted
prior to the City approving the Zone Text Amendment. A discussion of the findings follows:
A.The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare.
In enacting Senate Bill 1069 (Chapter 720, Statutes of 2016) and Assembly Bill 2299
(Chapter 735, Statutes of 2016), the State Legislature identified Accessory Dwelling
Units (ADU) has an important housing option for renters and homeowners, given the
undersupply of housing that exists in the State. The proposed amendments will bring the
City’s’ code into compliance with these aforementioned statutes. New ADUs will
continue to be permitted within the City’s Accessory Dwelling Unit areas (formerly known
as Second Unit Development) areas. Conversion of existing structures into ADUs is
permitted in all existing structures in the R-1 (Single-Family Residential) zones.
PC Agenda Page 9
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 10
Separate and distinctive parking is not being required for the ADU, regardless of
location.
Notwithstanding this, it is a government’s role to protect the health, safety, and welfare of
its citizens and those who work and visit the community. Accordingly, these
amendments have provisions to protect the development of the community. This
includes limiting the size of the ADU, ensuring that new built ADU’s comply with the
development standards set forth in the Zoning Ordinance, requiring that one of the units
is owner-occupied, and providing the ADU is ancillary to the existing single-family
residence on the site. The City of Downey faces a unique local constraint that the
proposed amendments will address. Many of the existing streets in the R-1 zone are
narrow and parking impacted; failure to provide sufficient parking for new development
will exacerbate this problem and diminish the City’s ability to provide emergency
services in a timely manner, as Police and Fire vehicles will find it more difficult
navigating and accessing neighborhoods. The proposed amendments will protect the
public health, safety, and welfare by ensuring there is sufficient parking for all enclosed
square footage on the property. Based on these facts, the Planning Commission finds
that the proposed amendments are necessary and desirable for the development of the
community and they are in the interest or furtherance of the public health, safety, and
general welfare.
B.The proposed amendment is in general conformance with the General Plan.
The proposed amendments will allow for the development of Accessory Dwelling Units
within the R-1 zone in a manner that will prevent negative impacts to the existing
residential neighborhoods and the community at-large. This is consistent with the
following goals, policies, and objectives of the City’s General Plan (Vision 2025):
Policy 1.1.2: Provide an appropriate amount of land area to absorb the city’s future
population growth and Program 1.1.2.2: Designate parts of the City as second unit
development areas to absorb the need for additional housing. The proposed
amendments are consistent with this General Plan Policy and Program since it will
maintain the existing Accessory Dwelling Unit (formerly known as Second Unit
Development) areas.
Policy 2.5.1: Provide for adequate parking supply to meet parking demands, Program
2.5.1.3: Balance the need for parking with not creating other secondary negative
impacts, and Program 2.5.1.2: Update standards for residential housing units to provide
additional parking spaces and driveway areas that may also be used for parking of
vehicles. The proposed amendments balances the need for parking, thereby reducing
impacts to the narrow, parking impacted streets within the City. This is achieved by
calculating parking based on square footage, regardless of the use (ADUs do not require
separate and distinctive parking).
Policy 8.1.1: Promote architectural design of the highest quality and Program 8.1.1.6:
Encourage developments to be “internally compatible” in architectural design. Locating
newly built ADUs to the rear of the main building and ensuring they comply with all
development standards ensures the will reduce impacts to the streetscape and be
“internally compatible” with the existing single-family residence.
PC Agenda Page 10
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 11
Housing Element Policy 2.3: Facilitate and encourage the development of affordable
housing for seniors, large families, and other identified special housing needs. The use
of ADUs is an important housing option for renters and homeowners, given the under-
supply of housing that exists in the State. Construction of an ADU as an ancillary use to
a single-family home will provide homeowners the ability to provide affordable housing to
seniors and low income residents.
Housing Element Policy 4.2: Provide for streamlined, timely, and coordinated processing
of residential projects to minimize holding costs and encourage housing production. The
proposed amendment removes all constraints in providing ADUs, including eliminating
the need for a land use entitlement. Instead, ADUs that comply with the code will be
permitted to submit directly to Building and Safety for plan check, much like any other
addition to a single-family residence.
Based on these General Plan Policies and Programs, the Planning Commission finds that the
proposed amendments are consistent with the adopted General Plan.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that both findings required
to approve the amendment can be made in a positive manner. The proposed Zone Text
Amendment (PLN-17-00102) will include development standards that will comply with the
General Plan by continuing to protect the health, safety, and welfare of the community, and
provide housing opportunities in a manner that will prevent negative impacts to the existing
residential neighborhoods and the community at-large. The proposed ordinance will also bring
the city’s zoning ordinance into compliance with current state statutes. Staff recommends that
the Planning Commission recommend to the City Council that they approve the Zone Text
Amendment (PLN-17-00103), thereby amending the Zoning Code with regards to Accessory
Dwelling Units.
Based on this report and the feedback provided by the Planning Commission meeting at the
April 4, 2018 meeting, the proposed Accessory Dwelling Unit Ordinance complies with State of
California requirements and all finding can be made.
EXHIBITS
A.Draft Resolution
B.Accessory Dwelling Unit Area Map
PC Agenda Page 11
RESOLUTION NO. _______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE
TEXT AMENDMENT (PLN-17-00103), THEREBY AMENDING VARIOUS
SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. Effective January 1, 2017, Assembly Bill 2299 ("AB 2299"), Assembly Bill 2406 (“AB
2406”)and Senate Bill 1069 ("SB 1069") amended Government Code Section
65852.2 to further limit the standards cities may impose on new ADUs and require
city ordinances to incorporate State-mandated standards for certain types of ADUs.
As amended, Government Code Section 65852.2 allows the City to designate areas
where new Accessory Dwelling Units (ADUs) may be permitted and to establish
objective standards related to parking, height, setback, lot coverage, landscaping,
and architectural review, which must be applied ministerially unless a property owner
is seeking an exception to the adopted standards; and,
B. The City currently regulates "Second Unit Developments," which overlap with the
term "ADU" as defined under State law; and,
C. It is in the best interest of the public to establish and update reasonable standards
relating to provisions of affordable housing in specified zones in the City; and,
E. On April 4, 2018, the Planning Commission held a study session on this Zone Text
Amendment; and,
F. On April 5, 2018, notice of the pending zone text amendment was published in the
Downey Patriot as a 1/8th page ad in accordance with the requirements of the
Downey Municipal Code; and,
G. On April 18, 2018, the Planning Commission held a duly noticed public hearing and
after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
requested Zone Text Amendment staff is not subject to CEQA pursuant to Public Resources
Code Section 21080.17 and CEQA Guidelines Section 15282(h), because this is an ordinance
regarding ADUs to implement the provisions of Government Code Section 65852.2.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
1. That the requested amendment is necessary and desirable for the development of
the community and is in the interests or furtherance of the public health, safety, and
general welfare. In enacting Senate Bill 1069 (Chapter 720, Statutes of 2016) and
PC Agenda Page 12
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 2
Assembly Bill 2299 (Chapter 735, Statutes of 2016), the State Legislature identified
Accessory Dwelling Units (ADU) has an important housing option for renters and
homeowners, given the undersupply of housing that exists in the State. The
proposed amendments will bring the City’s’ code into compliance with these
aforementioned statutes. New ADUs will continue to be permitted within the City’s
Accessory Dwelling Unit areas (formerly known as Second Unit Development) areas.
Conversion of existing structures into ADUs is permitted in all existing structures in
the R-1 (Single-Family Residential) zones. Separate and distinctive parking is not
being required for the ADU, regardless of location.
Notwithstanding this, it is a government’s role to protect the health, safety, and
welfare of its citizens and those who work and visit the community. Accordingly,
these amendments have provisions to protect the development of the community.
This includes limiting the size of the ADU, ensuring that newly built ADU’s comply
with the development standards set forth in the Zoning Ordinance, requiring that one
of the units is owner-occupied, and providing the ADU is ancillary to the existing
single-family residence on the site. The City of Downey faces a unique local
constraint that the proposed amendments will address. Many of the existing streets
in the R-1 zone are narrow and parking impacted; failure to provide sufficient parking
for new development will exacerbate this problem and diminish the City’s ability to
provide emergency services in a timely manner, as Police and Fire vehicles will find
it more difficult navigating and accessing neighborhoods. The proposed
amendments will protect the public health, safety, and welfare by ensuring there is
sufficient parking for all enclosed square footage on the property. Based on these
facts, the Planning Commission finds that the proposed amendments are necessary
and desirable for the development of the community and they are in the interest or
furtherance of the public health, safety, and general welfare.
2.The proposed amendments are in general conformance with the General Plan. The
proposed amendments will allow for the development of Accessory Dwelling Units
within the R-1 zone in a manner that will prevent negative impacts to the existing
residential neighborhoods and the community at-large. This is consistent with the
following goals, policies, and objectives of the City’s General Plan (Vision 2025):
Policy 1.1.2: Provide an appropriate amount of land area to absorb the city’s future
population growth and Program 1.1.2.2: Designate parts of the City as second unit
development areas to absorb the need for additional housing. The proposed
amendments are consistent with this General Plan Policy and Program since it will
maintain the existing Accessory Dwelling Unit (formerly known as Second Unit
Development) areas.
Policy 2.5.1: Provide for adequate parking supply to meet parking demands,
Program 2.5.1.3: Balance the need for parking with not creating other secondary
negative impacts, and Program 2.5.1.2: Update standards for residential housing
units to provide additional parking spaces and driveway areas that may also be used
for parking of vehicles. The proposed amendments balances the need for parking,
thereby reducing impacts to the narrow, parking impacted streets within the City.
This is achieved by calculating parking based on square footage, regardless of the
use (ADUs do not require separate and distinctive parking).
PC Agenda Page 13
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 3
Policy 8.1.1: Promote architectural design of the highest quality and Program 8.1.1.6:
Encourage developments to be “internally compatible” in architectural design.
Locating newly built ADUs to the rear of the main building and ensuring they comply
with all development standards ensures the will reduce impacts to the streetscape
and be “internally compatible” with the existing single-family residence.
Housing Element Policy 2.3: Facilitate and encourage the development of affordable
housing for seniors, large families, and other identified special housing needs. The
use of ADUs is an important housing option for renters and homeowners, given the
under-supply of housing that exists in the State. Construction of an ADU as an
ancillary use to a single-family home will provide homeowners the ability to provide
affordable housing to seniors and low income residents.
Housing Element Policy 4.2: Provide for streamlined, timely, and coordinated
processing of residential projects to minimize holding costs and encourage housing
production. The proposed amendment removes all constraints in providing ADUs,
including eliminating the need for a land use entitlement. Instead, ADUs that comply
with the code will be permitted to submit directly to Building and Safety for plan
check, much like any other addition to a single-family residence.
Based on these General Plan Policies and Programs, the Planning Commission finds
that the proposed amendments are consistent with the adopted General Plan.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definition to Section 9122 of Article IX of the Downey Municipal Code
to read as follows:
Accessory Dwelling Unit or “ADU”: An attached or a detached residential dwelling
unit, which provides complete independent living facilities for one or more persons and
includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family dwelling unit it is accessory to, and is located on a fixed
or permanent foundation. The term "ADU" captures and supersedes the terms "Second
Unit Developments" under the Municipal Code and any adopted Development Code of a
Specific Plan or Community Plan.
SECTION 5. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council delete the following definition from Section 9122 of Article IX of the Downey Municipal
Code:
Accessory Living Quarters or Guest House: Living quarters, or other habitable space,
without any kitchen facilities within a detached accessory building or attached to the
main building, located on the same lot as the main building, for use by temporary guests
or for the use of domestics employed on the premises by the occupants of the lot. An
accessory living quarter or guesthouse shall be ancillary to the main dwelling unit, be
less than seven hundred (700) square feet in size, and shall not contain more than one
room plus a bathroom.
SECTION 6. Based upon the findings set forth in Sections 1 through 3 of this Resolution,
the Planning Commission of the City of Downey hereby recommends that the City Council
PC Agenda Page 14
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 4
amend the following definition to Section 9124 of Article IX of the Downey Municipal Code to
read as follows:
Building, Main: The principal structure on the property and the building in which is
considered a principal use of the lot upon which it is situated. Every dwelling (except an
ADU or guesthouse ) in a residential zone is a main building.
SECTION 7. Based upon the findings set forth in Sections 1 through 3 of this Resolution,
the Planning Commission of the City of Downey hereby recommends that the City Council
amend the following definition to Section 9128 of Article IX of the Downey Municipal Code to
read as follows:
Dwelling, Duplex: A building designed exclusively for occupancy by two (2) families
living independently of each other and containing two (2) attached dwelling units,
excludes Accessory Dwelling Units.
SECTION 8. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council delete the following definition from Section 9128 of Article IX of the Downey Municipal
Code:
Dwelling, Second. See “Second Unit Development”
SECTION 9. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definition to Section 9134 of Article IX of the Downey Municipal Code
to read as follows:
Guesthouse: Living quarters, or other habitable space, without any kitchen facilities
within a detached accessory building or attached to the main building, located on the
same lot as the main building, for use by temporary guests or for the use of domestics
employed on the premises by the occupants of the lot. A guesthouse shall be ancillary to
the main dwelling unit, be less than seven hundred (700) square feet in size, and shall
not contain more than one room plus a bathroom.
SECTION 10. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definition to Section 9138 of Article IX of the Downey Municipal Code
to read as follows:
Independent Exterior Access: A door that provides independent access to an ADU
and is located on the exterior façade of the ADU. Independent Exterior Access must
comply with the minimum requirements of the Building Code.
SECTION 11. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definition to Section 9140 of Article IX of the Downey Municipal Code
to read as follows:
Junior Accessory Dwelling Unit: A unit that is no more than 500 square feet in size
and contained entirely within an existing single-family structure, with an entrance into the
PC Agenda Page 15
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 5
unit from the main home, and shares kitchen and sanitation facilities with the main
home.
SECTION 12. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definition to Section 9142 of Article IX of the Downey Municipal Code
to read as follows:
Kitchen: A room or space used, or intended, or designed to be used for the cooking or
preparation of food.
SECTION 13. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definitions to Section 9158 of Article IX of the Downey Municipal Code
to read as follows:
Short Term Rental: The rental or lease of a dwelling unit for a period less of 30 days or
less.
SECTION 14. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council delete the following definition from Section 9158 of Article IX of the Downey Municipal
Code:
Second Unit Development: A subordinate dwelling unit having separate living, sleeping,
eating, cooking, and sanitation facilities independent of the principal dwelling on the
same lot. The second unit may be attached to or detached from an existing single-family
principal dwelling, which is not intended for sale but may be rented.
SECTION 15. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council delete the following from Section 9312, Table 9.3.2. Residential Zones Use
Regulations, of Article IX of the Downey Municipal Code:
Use
R-1
(all lot
sizes)
R-2 R-3 R-3-O Notes and Exceptions
Residential
Second unit
developments
P NP NP NP Subject to Section 9414
PC Agenda Page 16
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 6
SECTION 16. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following to Section 9312, Table 9.3.2. Residential Zones Use Regulations, of
Article IX of the Downey Municipal Code:
Use
R-1
(all lot
sizes)
R-2 R-3 R-3-O Notes and Exceptions
Residential
Accessory Dwelling
Units
P P P P Subject to Section 9414
Junior Accessory
Dwelling Unit
NP NP NP NP
SECTION 17. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council delete Section 9414 of Article IX of the Downey Municipal Code in its entirety and
replaced with a new Section 9414 of Article IX of the Downey Municipal Code, and shall read as
follows:
SECTION 9414. ACCESSORY DWELLING UNIT DEVELOPMENTS
Section 9414.02. INTENT AND PURPOSE
The intent and purpose of this section is to establish residential Accessory Dwelling
Unit (ADU) regulations in order to provide a mechanism for accommodating ADUs in
appropriate, residential areas and govern the creation of ADUs within the City. The
provisions are intended to stabilize property values and enhance the single-family
character of neighborhoods by insuring that ADUs are developed under appropriate
conditions.
Section 9414.04. APPLICABILITY AND APPROVALS
Accessory Dwelling Units are permitted in the following areas:
(a) In all residential zones, if an ADU is located within an existing structure. For the
purposes of this section, an existing structure shall mean a structure for which
proper permits have been issued and the final inspection has been approved at
least two years prior to submitting the ADU into Building Plan Check.
(b) Within the Accessory Dwelling Unit Areas (as depicted on the Official Zoning
Map), construction of a new building or an addition to an existing building,
attached or detached, subject to Section 9414 et seq.
Section 9414.06. STANDARDS
In addition to the development standards for the zone, the following standards shall
apply to all ADU developments. In the event there is a conflict between the following
standards and any other portion of the code, this section shall apply.
(a) There shall be no more than one (1) ADU per parcel.
PC Agenda Page 17
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 7
(b) There shall be not more than one (1) principal dwelling unit on a parcel.
(c) There shall be not more than one (1) address on the parcel, except that ADUs
may have a unit number or letter.
(d) The total floor area of an ADU shall not exceed 850 square feet and shall not be
less than 220 square feet. The ADU counts towards the maximum allowable floor
area ratio or lot coverage for the property.
(e) ADUs that require construction of a new building or an addition to an existing
building shall only be located on lots that meet the minimum lot size and width for
the zone.
(f) Existing space within a single-family residence or within an accessory structure
may be converted into an ADU, provided that the proposed ADU has
Independent Exterior Access from the existing residence, and the side and rear
setbacks are sufficient for fire safety, and as required by the adopted California
Building Code, as modified by the City of Downey.
(g) The entrance to an ADU shall not face onto a front yard or street side yard.
(h) ADUs shall be located to the rear of the principal dwelling unit. This shall not
apply to the conversion of existing space, as allowed under Section 9414.04(a).
(i) An ADU must provide an automatic sprinkler system if an automatic sprinkler
system is required for the principal residence.
(j) Access to all on-site parking shall be provided from one (1) common driveway.
This shall not preclude a circular driveway as allowed under Municipal Code
Section 9710 – Residential Parking Design Standards.
(k) No more than one (1) kitchen per dwelling unit shall be permitted.
(l) The property owner shall record a covenant to the subject property that identifies
the total number of dwellings units on the property, prohibits the units from being
sold separately, and provides that at least one (1) dwelling unit shall be owner-
occupied.
(m) An ADU shall include washer and dryer connections.
(n) All new on-site utilities shall be underground.
(o) All development impact fees (water, sewer, park, and traffic fees) shall be
proportional to the actual impact and charged in accordance with the Fee
Mitigation Act. An ADU is not considered a new residential use when calculating
connection fees and capacity charges.
(p) ADUs shall utilize the same utility connections as the primary residence.
Separate utility connections and meters are prohibited.
PC Agenda Page 18
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 8
(q) Short term rentals (30 days or less) shall be prohibited in the principal dwelling
unit or ADU.
(r)Home occupations and large family day care (nine (9) to fourteen (14) children)
shall only be allowed in the owner-occupied unit.
(s) The property owner/applicant shall be required to obtain all building permits and
inspections prior to occupancy of an ADU.
Section 9414.08. GARAGE CONVERSIONS
(a) An existing garage may be converted into an ADU. No additional building
separation shall be required other than what is provided as part of construction of
the garage. Any additions shall provide building separations, as required by the
base zone. For the purposes of this section, an existing garage shall mean a
garage for which proper permits have been issued and finalled at least two years
prior to submitting plans for an ADU conversion into Building Plan Check.
(b) If an existing garage or other parking is converted or displaced for an ADU, the
conversion or displacement shall not eliminate any off-street parking that is
required for the principal residence or, if eliminated, the off-street parking shall be
replaced per Section 9708.
Section 9414.10. DESIGN OF ACCESSORY DWELLING UNITS
The Accessory Dwelling Unit shall be designed to be compatible with the principal
dwelling unit, reflecting similar massing, architectural style and detail, fenestration,
roof pitch, color, and materials.
Section 9414.12. PARKING REQUIREMENTS
Separate parking shall not be required for an ADU. However, the square footage of
an ADU shall be included in the total square footage calculation to determine total
parking required pursuant to Municipal Code Section 9708.
(a) The principal dwelling unit and second dwelling unit shall have street access from
one (1) common driveway.
SECTION 18. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council delete the following parking requirements in Section 9708, Table 9.7.2 – Residential
Parking Requirements, of Article IX of the Downey Municipal Code to read as follows:
Land Use Type Required Off-Street Parking Notes and Comments
Second unit developments 2.0 covered spaces within a
garage
Shall be in addition to the
parking required for the main
building
SECTION 19. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
PC Agenda Page 19
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 9
Council amend the following parking requirements in Section 9708, Table 9.7.2 – Residential
Parking Requirements, of Article IX of the Downey Municipal Code to read as follows:
Land Use Type Required Off-Street Parking Notes and Comments
Single-family dwellings
(detached)
2.0 covered spaces within a
garage for dwelling units with
2,999 or less square feet of
habitable space
For purposes of calculating
required parking, the square
footage of all enclosed areas,
including storage areas, guest
houses and ADUs, except
garages, shall be included. An
equivalent number of required
parking spaces shall be
provided in the driveway (may
be tandem).
3.0 covered spaces within a
garage for dwelling units
between 3,000 and 4,999
square feet of habitable space
4.0 covered spaces within a
garage for dwelling units with
5,000 or greater square feet of
habitable space
SECTION 20. If any section, subsection, paragraph, sentence, clause or phrase of the
resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this resolution.
The Planning Commission declares that it would have adopted this resolution, and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 21. The Secretary shall certify the adoption of this Resolution.
[signatures on next page]
PC Agenda Page 20
Resolution No. ____________
Downey Planning Commission
Zone Text Amendment (ADUs) - PLN-17-00103
April 18, 2018 - Page 10
PASSED, APPROVED AND ADOPTED this 18th day of April, 2018.
Patrick Owens, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 18th day of April,
2018, by the following vote, to wit:
AYES:COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 21