HomeMy WebLinkAbout01. Intro Ord Amending DMC Regarding Accessory Dwelling Units� �'; it ill • ' III �
MAYOR ASHTON AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF
BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT: AMENDMENT TO THE MUNICIPAL CODE TO REGULATE ACCESSORY
DWELLING UNITS
RECOMMENDATION
Staff recommends that the City Council introduce the following titled ordinance:
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
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.
ZONE TEXT AMENDMENT — ACCESSORY DWELLING UNITS
MAY 8, 2018
As a result of the potential to impact existing neighborhoods, and the Police and Fire
Department's concerns for public safety, the City Council implemented a moratorium on new
ADUs and directed staff to study the issue and prepare the necessary code amendment.
On April 4, 2018, staff presented a draft ADU ordinance to the Planning Commission for
discussion. During the ADU presentation, the Commission raised several issues, including
potential impacts on the character of existing neighborhoods and street parking.
On April 18, 2018, the Planning Commission held a duly noticed public hearing. During the
public hearing, the Commission discussed the proposed ordinance and raised no issues. In
addition, during the public hearing, no one spoke in opposition of the proposed ordinance. At the
conclusion of the public hearing, the Commission adopted Resolution No. 18-3050 by a 3-0 vote.
The staff report prepared for the Planning Commission is included with this report as
Attachment D.
State law permits cities to adopt an ADU ordinance, which allows some flexibility to include local
standards and discretionary permitting, within the limitations instate law. The proposed
ordinance includes:
Continuationof the existing ADU areas (Previously Second Unit Development Areas);
Construction of attached and detached ADUs in ADU areas;
Conversion of existing space in all residential zones;
One ADU per parcel (where permitted);
Requires a two-year waiting period for new additions or detached structures to be
converted into an ADU;
Comply with the minimum lot size and width as dictated by zone;
A maximum size of 850 square feet, a minimum size of 220 square feet;
Will require that one of the units be owner occupied;
Short term rentals of 30 days or less are prohibited;
Parking will be calculated based on total enclosed area;
Additional parking will be required on the driveway;
Single utility connections;
> No separate addresses;
Entrance to ADU shall not face onto a front yard or street; and,
Replacement of garage if converted.
The proposed ordinance will bring the City's zoning ordinance into compliance with current state
statutes, while minimizing impacts to existing residential neighborhoods -
FISCAL IMPACT
Adoption of the proposed ordinance will not impact the General Fund
Attachments: "A Draft Ordinance
"B" P.C. Resolution No. 18-3050
"C Draft Minutes Excerpt, dated April 18, 2018
"D P.C. Staff Report dated April 18, 2018
4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
VARIOUS SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS
WHEREAS, 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,
WHEREAS, the City currently regulates "Second Unit Developments," which overlap with
the term "ADU" as defined under State law; and,
WHEREAS, the City desires to update its established procedure authorizing the Director
of Community Development or their designee to consider accessory dwelling units ministerially,
subject to established standards and criteria, in compliance with the standards in Government
Code Section 65852.2; and,
WHEREAS, 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 Planning Commission Resolution No. 18-3050
recommending approval of the proposed Zone Text Amendment to the City Council by a 3-0
vote; and,
WHEREAS, on April 26, 2018, notice of the pending public hearing was published in the
Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey
Municipal Code; and,
WHEREAS, on May 8, 2017, the City Council held a duly noticed public hearing to fully
consider all oral and written testimony and facts and opinions regarding the amendment to the
Municipal Code; and,
WHEREAS, having considered all of the oral and written evidence presented to it at said
public hearing, the City Council of the City of Downey finds, determines and declares that the
requested 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; and, -
WHEREAS, having further considered all of the oral and written evidence presented to it
at said public hearing, the City Council of the City of Downey further finds, determines and
declares that:
1. The adoption and implementation of the proposed Zone Text 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,
ORDINANCE NO. 18
PAGE 2
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 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 City
Council 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 adoption and implementation of the proposed Zone Text 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 neighborhoodsandthe
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).
ORDINANCE NO. 18 -
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.
THEREFORE,i OF is DOES
ORDAIN
SECTION 1. The following definition is hereby added to Section 9122 of Article IX of the
Downey Municipal Code, and shall read as follow:
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 2. The following definition is hereby deleted from Section 9122 of Article IX of
the Downey Municipal Code and shall read as follows:
SECTION 3, The following definition is hereby added to Section 9124 of Article IX of the
Downey Municipal Code and shall read as follow:
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.
ORDINANCE NO. 18
PAGE 4
SECTION 4. The following definition is hereby amended in Section 9146 of Article IX of
the Downey Municipal Code and shall read as follow:
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 5. The following definition is hereby deleted from Section 9128 of Article IX of
the Downey Municipal Code and shall read as follows:
SECTION 6. The following definition is hereby added to Section 9134 of Article IX of the
Downey Municipal Code and shall read as follow:_
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 7. The following definition is hereby added to Section 9138 of Article IX of the
Downey Municipal Code and shall read as follow:
Independent Exterior Access: A door that provides independent access to an ADU
and is located on the exterior fagade of the ADU. Independent Exterior Access must
comply with the minimum requirements of the Building Code.
SECTION 8. The following definition is hereby added to Section 9140 of Article IX of the
Downey Municipal Code and shall read as follow:
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 9. The following definition is hereby added to Section 9142 of Article IX of the
Downey Municipal Code and shall read as follow:
Kitchen: A room or space used, or intended, or designed to be used for the cooking or
preparation of food.
SECTION 10. The following definition is hereby added to Section 9158 of Article IX of
the Downey Municipal Code and shall read as follow:
Short Term Rental The rental or lease of a dwelling unit for a period of 30 days or less.
SECTION 11. The following definition is hereby deleted from Section 9158 of Article IX
of the Downey Municipal Code and shall read as follows
ORDINANCE NO. 18 -
PAGE 5
SECTION 12.- The following is hereby deleted from Section 9312, Table 9.3.2
Residential Use Regulations, of Article IX of the Downey Municipal Code and shall read as
follows:
')t' R -2 R-3 R-3-0 Notes and Exceptic
S Writ i412 NR NR
d m
SECTION .13. The following is hereby added to Section 9312, Table 9.3.2. — Residential
Zones Use Regulations, of Article IX of the Downey Municipal Code and shall read as follow:
SECTION 14., Section 9414 of Article 1X of the Downey Municipal Code shall be deleted
in its entirety and Section 9414 of Article IX of the Downey Municipal Code shall be added, and
shall read as follows:
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 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.
ORDINANCE NO. 18 -
PAGE 6
(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)Thereshall 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 onthe 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.
Q) 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.
(1) 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.
ORDINANCE NO. 18 -
PAG E 7
(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.
(a) An existing garage may be converted into anADU. 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.
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.
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 15. The following is hereby deleted from Section 9708, Table 9.7.2. -
Residential Parking Requirements, of Article IX of the Downey Municipal Code and shall read as
follow:
ORDINANCE NO. 18 -
PAGE 8
SECTION 16. The following is hereby amended in Section 9708, Table 9.7.2
Residential Parking Requirements, of Article IX of the Downey Municipal Code and shall read as
follow;
IN
Single-family dwellings 2.O covered spaces within a
For purposes of calculating
(detached) garage for dwelling units with
required parking, the square
2,999 or less square feet of
footage of all enclosed areas,
habitable space
including storage areas, guest
3.0 covered spaces within a
houses and ADUs, except
garage for dwelling units
garages, shall be included. An
between 3,000 and 4,999
equivalent number of required
square feet of habitable space
parking spaces shall be
4.0 covered spaces within a
provided in the driveway (may
garage for dwelling units with
be tandem).
5,000 or greater square feet of
-
habitable space
SECTION 17. if any section, subsection, paragraph,_ sentence, clause or phrase of this
Ordinance 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 Ordinance.
The City Council declares that it would have adopted this Ordinance, 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.
ORDINANCE NO. 18 -
PAGE 9
SECTION 18. The City Clerk shall certify the adoption of this Ordinance and cause the
same to be published in the manner prescribed by law=.
APPROVED AND ADOPTED this _ day of _ 2018.
SEAN ASHTON, Mayor
ATTEST:
Maria Alicia Duarte, CMC
Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF DOWNEY )
I HEREBY CERTIFY that the foregoingOrdinance No. 18- was introduced at a
Regular Meeting of the City Council of the City of Downey held on the _th day of , 2018,
and adopted at a Regular Meeting of the City Council of the City of Downey held on the— day
of , 2018, by the following vote to wit:
AYES:
NOES
ABSENT:
ABSTAIN':'
FURTHER CERTIFY that a summary of the foregoing Ordinance No. 18-_ was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
2018 (after introduction), and on _, 2018 (after adoption including the
vote thereon). It was also posted in the Regular posting places in the City of Downey on the
same dates.
Maria Alicia Duarte, CMC
City Clerk
SECTION 1. The Planning Commission of the City of Downey does hereby fin
determine and declare
A. Effective January 1 � 2017, Assembly Bill 2299 (OOAB 2299"), Assembly Bill 2406 ("AB
106. . • Senate Bill 1069 i1069")amended Government Code Section
65852.2 to further limit the-standardscities . impose on i r.: andrequire
objectivecity 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
i.:r related to parking, height,setback,•coverage,
and architectural review, which must be applied ministerially unless a property owner
is seeking an exception to the adopted standards; and,
B. - City currentlyregulates Developments,"overlap
relatingterm "ADU" as defined under State law; and,
C. It is in the best interest of the public to establish and update reasonable standards
to provisions of affordable housing in specified zones in the City; ant
E. On April 4, 2018) the Planning Commission held a study session on this Zone Te
Amendment; and,
F. • is notice of ::. pending zone ' eamendment . • •in thi
Downey Patriot as a 1/8 th page ad ib with the requirerheri% of the
DoCode;•
G. On April 18, 2018, the Planning Commission held a duly noticed public hearing an
after fully considering all oral and written testimony and facts and opinions o ere
the aforesaid • I• - r adopted this resolution.
SECTIONOW
is considered all of oral and written evidence • - e:• to it at
Resolution No. 18-3050
Downey Planning Commission
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).
Zone Text Amendment (ADUs) - PLN -11 7-00103
April 18, 2018 - Page 2
Resolution No. 18-3050
Downey Planning Commission
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 23: Facilitate and encourage the development of affordable
housing for seniorsi 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 4Based upon the findings set forth in Sections 1 throug 3 o t is
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definon 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.
11::,� Jill
Resolution, the Planning Commission of the City ot Downey hereby recommends that the uty
Council delete the following definition from Section 9122 of Article IX of the Downey Municipal
Code:
room-p6s-a-bat*oo4n--
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 3
Resolution No. 18-3050
Downey Planning Commission
SECTION_$ 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 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 Ci
3 t
iriv I
wo, JJI-1 1119
MOTO
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.
.Srz6hONJO� 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 fagade 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:
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 4
Resolution No. 18-3050
Downey Planning Commission
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.
W I
ZeM I ff--7 I H Tas M Me M I reM I Mal &T R MGM E 19 U no i NJ Ue § I
;wort 9 M7 in =11 - ry " i W M - W T 7 r v I T W ITT 13 XPREWTV T -T%OW W r W I �. I
• -_• as follows:
Kitchen: A room • space used, • intended, • designed to • used •, the cooking •
preparation of food.
• read as follows:
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:
SECTION 16. Based upon the findings set forth in Sections 1 through 3 of this-
Resolution,
hisResolution, 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:
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 5
Resolution No. 18-3050
Downey Planning Commission
9JECTION-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 Cit
Council add the following to Section 9312, Table 9.3.2. Residential Zones Use Regulations,
Article IX of the Downey Municipal Code: I
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
re laced with a new Section 9414 of Article IX of the Downey Municipal Code, and shall read as
follows:
ff N, 19 -03 F., 9i R
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.
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.
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 6
Resolution No. 18-3050
Downey Planning Commission
(b) There shall be not more than one (1) principal dwelling unit ona 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.
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.
(1) 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.
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 7
Resolution No8-3050
(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.
Ili ,•,'-
111
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.
Separate parking shall not be required for an ADU, However, the square f?otage
an ADU shall be included in the total square footage calculation to determine tota
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 It. 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 ty
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:
Zone Text Amendment (ADUs) - PII 7-00103
April 18, 2018 - Page 8
Resolution 18-3050
Downey • Commission
Tt,bN 11. Based upon the findings set forth in Sections 1 through 3 of this
Resolution,SE
- Planning • of - City of Downey - -•y recommends that the City
Council amend the following parking requirements in Section9708, Table • 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-
. --family dwellings 2,0 covered spaces within a
Forpurposes of
2,996 or less square feet of
footage of all enclosed areas,
habitable space
including storage areas, guest
3. 1 covered -•spaces
• - • except
garage for dwelling units
between 3,000 and 4,999
equivalent number of required
square feet of habitable space
parking spaces shall be
4.1 covered spaces within a
provided - driveway
garage for dwelling units with
be tandem),
11/ or greater s• - feet of
habitable space
SE��f4 �0. 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• a have adopted this resolution,and each •:
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.
SECTIO14 211. The Secretary shall certify the adoption of this Resolutio
[signatures on next page]
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 9
Resolution No. 18-3050
Downey Planning Commission
te en Dominguez, Vice Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a rue copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 18 th day of April,
2018, by the following vote, to wit:
AYES:
COMMISSIONERS:
Flores, Duarte and Dominguez
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Frometa and Owens
ABSTAN
COMMISSIONERS:
None
- ------ (If ---------------- I., -----
Mary Cavanaghj Secretary
City Planning Commission
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 10
The carnival will be held on April 20, 2018 through Sunday April 22, 2018 during following hours:
• Friday April 20, 2018 3:00 pm to 11 :00 pm
• Saturday April 21, 2018 12:00 pm to 11 :'00 pm
• Sunday April 22, 2018 12:00 pm to 10 .00 pm
Associate Planner Hernandez made note of an error shown on the,saff report, reflecting the hours of
operation on Sunday commencing at 2:00 pm instead of 12:00m' as shown in the resolution. He reviewed
the surrounding uses and zoning and presented an aerial vied+ of site plan for the new location. The event
has been in operation for seven (7) years, as a fund raisinvent previously held at Downey High School.
Festivities include carnival rides, game booths and foodales. Conditions of approval are proposed to
mitigate potential noise nuisance, to prohibit alcohol s °les, and to prohibit live entertainment. This request
was presented to the Development Review Commit„ e (DRC); each department provided their standard
conditions of approval: /�
The Commissioners asked why they changeo/locations from Downey High School to Columbus High School.
Associate Planner Alfonso Hernandez re ied, the applicant informed him of the burden placed on them by
the conditions of approval from previo years. Specifically, having to close down Marbel Ave. and provide
extra police officers at that location. ccess through residential streets is not possible at the new site;
therefore, the conditions are not an iicable to the new site.
Applicant Cindy Flores, repres ting Downey High School Football Boosters explained there was an issue
with parking that occurred a owney High School during the event; moving the carnival to Columbus High
School would allow them t meet all of their parking needs on site and eliminate the issue.
Disclosures: None.
Correspondence: hone conversations in favor of the event.
Public Comm'nts None;
Vice Ch n man Dominguez closed the public hearing.,
The,Zommissioners spoke in favor of the event.
J(was moved by Commissioner Flores, seconded by Commissioner Duarte, and passed by a 3-0-2 vote, with
Chairman Owens and Commissioner Frometa absent, to adopt Resolution 18-3049, thereby approving the
request for a Special Event Permit (PLN -18-00035).
3. PLN -17-00103 Zone Text Amendment : Vice Chairman Dominguez opened the public hearing for the
request for a Zone Text Amendment PLN -17-00103.
Principal Planner Guillermo Arreola gave a PowerPoint presentation of the request to amend the Municipal
Code to allow Accessory Dwelling Units (ADUs) within the City of Downey. This amendment will bring the
City into compliance with current State regulations under Senate Bills (SB) 1069 and 229, and Assembly Bill
(AB) 2299 and 494, governing the construction of ADUs. The City currently regulates "Second Unit
Developments" (SUDs) within its zoning code under Section 9414. However, the new state laws rename
"Second Unit Developments" as "Accessory Dwelling Units"; as well as further limit the City's authority to
regulate their construction and use. He reviewed the zoning maps reflecting the designated areas for ADUs:
Vice Chairman Dominguez called for a break due to technical difficulties at 6:50 p.m. and called the meeting
to order at 6:56 p.m.
-2- Attachment "C"
Under the new state law, the City is able to designate areas where new ADU's are built. The conversion of
existing space to an ADU will be allowed in any residential zone that is currently improved with a single-
family dwelling unit. Inasmuch as the City has already defined Second Unit Development (SUD) areas on
the zoning map, these areas will be re -designated as the ADU areas. Mr. Arreola noted that the conversion
of existing space can occur in any zone; however, construction of attached or detached units can occur in
specific areas.
Vice Chairman Dominguez called for a break due to technical difficulties at 7:00 p.m. and the meeting was
reconvened at 7:06 p.m.
Principal Planner Arreola continued his presentation reviewing the current standards and proposed
standards. 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. The City may require that the property owner live on site, and also
may prohibit short-term vacation rentals. The amendment was presented to the Development Review
Committee at which time both the Fire and Police Departments expressed concern with access; the Public
Works Department was concerned with impacts to the public streets; and the Building Department indicated
that all new construction must comply with the Building Code. Mr. Arreola stated that the Planning
Commission held a study session to review and discuss the proposed Accessory Dwelling Unit language on
April 4, 2018.
The Commissioners discussed with staff the historical details of the zoning code as it pertains to the existing
areas for second unit developments, and the reuse of the zones for the new accessory dwelling unit areas.
Correspondence: None
Public Comments: None.
Staff recommended the Planning Commission recommend that the City Council approve the Zone Text
Amendment (PLN -17- 00103) to establish ADU regulations.
Vice Chairman Dominguez closed the public hearing.
PC Comments: Commissioner Flores advised the members of the audience that this item was presented to
the Planning Commission at the April 4, 2018 meeting and thoroughly discussed at that time and found the
resolution to be prepared well.
It was moved by Commissioner Flores, seconded by Commissioner Duarte, and passed by a 3-0-2 vote, with
Chairman Owens and Commissioner Frometa absent, to adopt Resolution 18-3050, thereby recommending
the City Council approve the Zone Text Amendment {PLN -17-00103) to establish ADU regulations.
NON -AGENDA PUBLIC COMMENTS: None,
CONSENT CALENDAR ITEMS: None:
OTHER BUSINESS: None,
STAFF MEMBER COM ns -.—Ni -rector of Community Development Schindler invited the Planning
Commission "end. 1) A ribbon cutting ceremony for Giant RV, located at 11111 Florence Avenue,
and etro stakeholders meeting regarding the new light rail line, to have a station in the city,
-,3
MEMM
The City currently regulates "Secon•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 thei
, gulate thei
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
(AB) 2299 and 494, governing the construction of Accessory Dwelling Units (ADUsY
These is make findings that ADUs provide additional rental housing stock, and that
these units are an essential component of housing supply in California. I
. w
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
The California Legislature enacted new laws that preempt a city s zoning co • e concerning
Accessory Dwelling Units (ADUs) in certain circumstances. The new laws include:
ma -
'M I rl Fill 121; 11 it F I Mai I'M a I ITEXOnIZEM90
j;KQ11 I
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 Jess, 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 Taw 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.
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 2
PC Agenda Page
The statutes listed above tightened local discretionover 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 '/a 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 abuilding
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.
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 3
PC AaendaP
EXISTING SUD VS PROPOSED ADU STANDARDS
w er' ids ` Prpd nda
To- s
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 —
AII Residential Zones*
*Multi-Family zoned properties= must
be developed with only a single -family
residential dwelling unit.
Minimum Lot Size
7,500 s .ft.
As dictated b zone.
Minimum Lot
The minimum lot width shall
The minimum lot width shall meet or
Width
meet or exceed the minimum
exceed the minimum lot width for the
lot width for the zone.
zone.
Location
Rear of the principal dwelling
Rear of the principal dwelling unit.
unit.
Minimum Distance
10'
10
Between
Structures
Maximum Height
15°
12'
for Detached ADU
Maximum Size
50% of main dwelling unit, not
Minimum: 220 sq.ft.
to exceed 1,000 s L. ft.
Maximum: 850 s .ft.
In addition to the required
Square feet added to principal dwelling
Parking
parking for the principal
unit
dwelling unit,.a two (2) car
ara e_shall be provided._
Kitchens
One (1) kitchen per dwelling
One (1) kitchen per dwelling unit.
unit
Home Occupations
Only in owner occupied unit.
Only in owner occupied unit.
and Large Family
Day Care
Number of ADUsOne
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.
Zone Text Amendment (ADUs)- PLN -17-00103
April 18, 2018 - Page 4
PC AaendaPage 4
In accordance with the new state |@vv. AOUSare subject to nliAiSt8hG| review, through the
Building and Safety Plan Check process. Staff will verify compliance with the Zoning Code as
part ofthis process.
Asproposed, the Code will read aGfollows (blue isnew text and is deleted
Section 9124. "B" Definitions
Building, Main: The principalstructure onthe property and the building inwhich ieconsidered a
principal use of the |O{ upon which it is situated. Every dwelling (except an AOU
qVaFe*fs-orgueethou in a residential zone is 8 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.
Guesthouse: Living quarters, or other habitable space, without any kitc en ac t es within a
tetached 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. "1" Definitions
Independent Exterior Access: A door that provides independent access to an ADU and is
located on the exterior fagade of the ADU. Independent Exterior Access must comply with the
minimum requirements of the Building Code.
Zone Text Amendment PLN -1 7-00103
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
Residential Zones and Use Regulations (Section 9312.06, Table 9.3.2), to be amended as
follows:
R-1
Use R-2 R-3 R-3-0 NOTES AND EXCEPTIONS
(all lot
sizes
Residential (cont'd)
P Subject to Section 9414
Accessory Dwelling Unit
Junior_Accessory NP NP NPNP
Dwelling Unit
P_
I W- S on -404
SECTION 9414 —Second Dwelling Unit Developments (Section 9414) will be replaced in its
entirety with the following:
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. I
Zone Text Amendment (ADUs) - PLN -1 7-00103
April 18, 2018 - Page 6
1��FVMMM
SECTION 14. APPLICABILITY AND APPROVALS
Accessory• Units are permitted in the following
(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 i is structure
shall mean .: structure for which properbuilding i` .',. been issued and the final
inspection has been approved at least two years prior to submitting the ADU into
Building '
(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 1 . STANDARDS
In addition ti the i ". • • • . •: • i ' • i :• i':. •EAKW#ITAi
ADU developments. .. event . is a conflictbetween • 'l. of C standards and any
other portion of the code, this section shall apply.
(a) There shall be no more than one (1) ADU per parcel.
• There shall • ' not moreone principal dwelling unit on parcel.
number(c) There shall be not more than one (1) address on the parcel, except that ADUs may have
a unit or
•: The total floorarea of an ADU shall not exceed 850 square feet and shall notbe .
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.
Existing space or a:. accessory 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.
ADUs shall be located to the rear of - principal dwelling unit. This shall notapply to the
I conversion of existing space, as allowed under Section 9414.04(a).
An ADU must provide imatic sprinkler system if an automaticsprinkler
required for the principal residence.
Access • all • parking ..'I be provided i • ' (1) commondriveway.
not preclude a circular driveway as allowed under Municipal Code Section 9710 —
Residential Parking Design Standards.
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 7
PC Agenda P
iol -2 ---a 0— -A-- 111
0
MEJI=��
(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
•
(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
A.
(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 A.
(a) An existing garage may be converted into an ADIJ. 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 ■ Check.
(b) If an existing garage or other parking is converted or displaced for an ADIJ, the
conversion •': 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.
• 9414.10. DESIGN • ACCESSORY DWELLING UNITS
- I Pramm
reflecting similar massing, architectural style and detail, fenestration, roof • color, and
materials.
e 1;armrTg-s E)e MIA Ilre07=171T I.. olierer, ine stil are TOC _ I
shall be included in the total square footage calculation to determine total parking required
•1 to •.l ••". •' 9708.
Zone Text Amendment (ADUs) -PLN-17-00103
April 18, 2018 - Page 8
PC Agenda Page 8
Residential Off -Street Parkin Section 9708 Table 9.7.2 to be amended as follows:
Land Use Required Off -Street Parking
Notes and Comments
Type
Single-family 2.0 covered spaces within a garage
For purposes of calculating required
dwellings for dwelling units with 2,999 or less
parking, the square footage of all
square feet of habitable space
enclosed areas, including storage
areas, guest houses and ADUs,
3.0 covered space within a garage for
except garages, shall be included.
dwelling units between 3,000 and
An equivalent number of required
4,000 square feet of habitable space
parking spaces shall be provided in
the driveway. Driveway spaces may
4.0 covered spaces within a garage
be tandem.
for dwelling units with 5,000 or
greater square feet of habitable space
SeGw4d-und1T"GveRxi-&paGe&w4#im-"amge
4G4h g
devewpments
fequired4orthe-n;aj44au4&4q-,
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.
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.
'_'_��
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
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.
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 9
�Ik
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 parkingdemands, 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.
Zone Text Amendment (ADUs) -PLN-17-00103
April 18, 2018 - Page 10
PC Aaen 0
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.
A. Draft Resolution
B. Accessory Dwelling Unit Area Map
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 11
RESOLUTION
A RESOLUTION OF i i OF OF
DOWNEY RECOMMENDING. i APPROVE ZONE
TEXT AMENDMENT I0I3), THEREBY AMENDING VARIOUS
SECTIONS OF - OF itREGARDING
i ► r
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 thisZoneText
Amendment; and,
F. On April 5 2018, notice of the pending zone text amendment was published in the
Downey Patriot as a 1/8`h 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
I El
Resolution No. -
Downey Planning Commission
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 2.5.11: Provide for adequate parking supply to meet parking demands,
Program 2.5.1,3: Balance the need for parking with notcreatingother 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).
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 2 P nd
Resolution
PolicyDowney Planning Commission
8�1.t Pnonnotearchdec�ra|design of— highest Proorarn8.� 8:
� to��^�t�rnaUvoVnn in�r�h�eotuna|dea�n.
Encourage o�v�/opnn�nus _, ��"°= design.
Locating newly built /\[)Ustothe rear ofthe main building and ensuring they comply
with a development i h || � | t enaureo the will reduce impacts to the a1myetocape
and be "internally connpadib|e" 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 _ofhousing that exists inthe State. Construction mfanA[)Uaaan
ancillary use to a single-family home will provide homeowners the ability to provide
affordable housing toseniors and low income residents.
Housing Element Policy 4.2: Provide for streamlined, tinne|y, and coordinated
processing of residential projects to nnininnioe holding costs and encourage housing
production. The proposed amendment removes all constraints in providing ADUs,
including eliminating the need for aland use entitlement. Instead, AC>Uothat comply
with the code will be permitted to submit directly to Building and Safety for plan
check, much like any other addition toasingle-family residence.
Based onthese 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 I 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°ADLJ": An attached `— or detached residential dwelling
unit, which provides complete independent living facilities for one or more persons and
includes permanent provisionsfor living, sleeping, eating, nom4jnQ and sanitation onthe
same parcel as the single-family dwelling unit it is accessory to, and islocated 'onefixed
or permanent foundation. The and "Second
Unit Developments" under the Municipal ' - Code and any adopted Development Code Cf@
Specific Plan orCommunity Plan.
Lou 7-7 Me Tollowil
upnnthe�ndhmg��aetfo�hAm8er�onS1 h3ofthis Rea�utkon,
_SECTION'
Based the Planning Commiaaion of the City ofDovnmy hereby recommends that the City Council
Zone Text on
Resolution No.
Downey Planning Commission
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 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 buildingdesigned 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:
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 town ADU
and is located on the exterior fagade of the ADU. Independent Exterior Access must
comply with the minimum requirements of the Building Code.
§�ECTIONJJ. 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
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 4 PC Agenda
Resolution No�
=== • 9,tjd shares kitchen and sanitation facilities with the main
• do
jgCTION 12. Based •n the findings set forth in Sections 1 through 3 • this
Resolution, the Planning Commission • the City • a• hereby recommends that the City
Council add the following definition to Section 9142 of Article IX of the Downey Municipal Code
to .• as follows:
&itchen: A room or space usecli or intenaM, or a
preparation •. ••a
wfi�* �16
to read as follows:
Short Term Rental: The rental or lease of a dwelling unit for a period less of 30 days or
IM
sE��414� 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 d6le� the following definition from Section 9158 of Article IX of the Downey Municipal
Code:
SECTION % 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 1�� the following from Section 9312, Table 9.3.2. Residential Zones Use
Regulations, of Article IX of the Downey Municipal Code:
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 5
Resolution No.
DowneyPlanning Commission
Resolution,Based upon the findings set forth in Sections 1 through 3 of this
- Planning
•; . . - City of Downey - ,y recommends that th- Cit
Council add the following to Section 9312, Table 9.3.2. Residential Zones Use Regulations,
Article IX of the Downey Municipal Code: I
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:
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.
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.
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 6 FSC A+elida PSS
Resolution No.
Downey Planning Commission
(1b) 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 town 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.
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.
(1) 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.
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 - Page 7 PQAggnda_Ra_"
Resolution No. --
Downey Planning Commission
(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:
gECTION 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
Zone Text Amendment (ADUs) - PLN -17-00103
April 18, 2018 -Page 8
FSC Agenda Pa+ a _1 ;
Resolution No.
Downey Planning Commission
Council amend the following parking requirements in Section 9708, Table 9.7.2 — Residen a
Parking �iequirements, of Article V of the Downey Municipal Code to read as follows:
Land Use Type Required Off -Street Parking
Notes and Comments
Single-family dwellings 2.0 covered spaces within a z
For purposes of calculating
(detached) garage for dwelling units with I
I required parking, the square
2,999 or less square feet of i
footage of all enclosed areasi i
habitable space
including storage areas, guest
0
3.0 covered spaces within a —
houses and ADUs, except
garage for dwelling units 1,
garages7 shall be included. An
between 3,000 and 4,999
equivalent number of required
I square feet of habitable space
parking spaces shall e
4.0 covered spaces within a
provided in the driveway (may
garage for dwelling units with
be tandem).
habitable space
MIME
M
SECTION 20. ` If any section, subsection, ��r�.�n��.���or'hn���e
resu|ut�niodeo�redbxmcou of jurisdiction tmbounconetitutiona|oro1henwise
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, orportions be declared invalid orunconstitutional.
SECTION 21. The Secretary shall certify the adoption Ofthis Resolution.
[signatures mnnext page]
Zone Text Amendment (ADUs) - PLN -1 7-00103
April 18, 2018 - Page 9 PC Ageeanda Page -20
Resolution No.
Downey Planning Commission
Patrick Owens, Chairman
City Planning Commission,
Commission of the City of Downey at a regular meeting thereof, I
2018, by the following vote, to wit:
Mary Cavanagh, Secretary
City Planning Commission
Zone Text Amendment PLN -1 7-00103
.
April 1u.uo1o'Page 10 PQAgaada Page 2j
al-WAMM
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