HomeMy WebLinkAboutPC Reso 18-3050RESOLUTION NO. 18-3050
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE
TEXT AMENDMENT (PLN -17-00103), THEREBY AMENDING VARIOUS
SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. Effective January 1, 2017, Assembly Bill 2299 ("AB 2299"), Assembly Bill 2406 ("AB
2406")and Senate Bill 1069 ("SB 1069") amended Government Code Section
65852.2 to further limit the standards cities may impose on new ADUs and require
city ordinances to incorporate State -mandated standards for certain types of ADUs.
As amended, Government Code Section 65852.2 allows the City to designate areas
where new Accessory Dwelling Units (ADUs) may be permitted and to establish
objective standards related to parking, height, setback, lot coverage, landscaping,
and architectural review, which must be applied ministerially unless a property owner
is seeking an exception to the adopted standards; and,
B. The City currently regulates "Second Unit Developments," which overlap with the
term "ADU" as defined under State law; and,
C. It is in the best interest of the public to establish and update reasonable standards
relating to provisions of affordable housing in specified zones in the City; and,
E. On April 4, 2018, the Planning Commission held a study session on this Zone Text
Amendment; and,
F. On April 5, 2018, notice of the pending zone text amendment was published in the
Downey Patriot as a 1/8th page ad in accordance with the requirements of the
Downey Municipal Code; and,
G. On April 18, 2018, the Planning Commission held a duly noticed public hearing and
after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
requested Zone Text Amendment staff is not subject to CEQA pursuant to Public Resources
Code Section 21080.17 and CEQA Guidelines Section 15282(h), because this is an ordinance
regarding ADUs to implement the provisions of Government Code Section 65852.2.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
1. That the requested amendment is necessary and desirable for the development of
the community and is in the interests or furtherance of the public health, safety, and
general welfare. In enacting Senate Bill 1069 (Chapter 720, Statutes of 2016) and
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 -17-00103
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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 2.3: Facilitate and encourage the development of affordable
housing for seniors, large families, and other identified special housing needs. The
use of ADUs is an important housing option for renters and homeowners, given the
under -supply of housing that exists in the State. Construction of an ADU as an
ancillary use to a single-family home will provide homeowners the ability to provide
affordable housing to seniors and low income residents.
Housing Element Policy 4.2: Provide for streamlined, timely, and coordinated
processing of residential projects to minimize holding costs and encourage housing
production. The proposed amendment removes all constraints in providing ADUs,
including eliminating the need for a land use entitlement. Instead, ADUs that comply
with the code will be permitted to submit directly to Building and Safety for plan
check, much like any other addition to a single-family residence.
Based on these General Plan Policies and Programs, the Planning Commission finds
that the proposed amendments are consistent with the adopted General Plan.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definition to Section 9122 of Article IX of the Downey Municipal Code
to read as follows:
Accessory Dwelling Unit or "ADU": An attached or a detached residential dwelling
unit, which provides complete independent living facilities for one or more persons and
includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family dwelling unit it is accessory to, and is located on a fixed
or permanent foundation. The term "ADU" captures and supersedes the terms "Second
Unit Developments" under the Municipal Code and any adopted Development Code of a
Specific Plan or Community Plan.
SECTION 5. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council delete the following definition from Section 9122 of Article IX of the Downey Municipal
Code:
Ac.Ge�s��soryy--Liiving-Quarters or-Guest}i'euse�-kering qua t , ita�l
withG t-apy-kitGhen-faGi ie ith'n a �GG'&sep�-b: rildinq .mow attached-tn414e
ilding orl rsn 41�ra �anrr fnw use l�ty tem
F.l,,�{li��--y�k��`.'^.....�, ��t�i�le-19th'S--tie--�7�i�1--•��II�C-1-i �6r�
o - er4he-- Ube-Of4GMe6fiGs-empl% yonl nom+ --micas `ewe eGG park of the let. ❑n.
aGG866GFy-Iivin 'fter-or-gue6tl�ousall be sGiIi�tnr bra 41tts main dwelling uRif be
less-�P,-seve"undred ( vTw.'".1uare,49et-ipi siz�, chi ha
ll not Gentain more tha.-
Zone Text Amendment (ADUs) - PLN -17-00103
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Resolution No. 18-3050
Downey Planning Commission
SECTION G. 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 City
Council delete the following definition from Section 9128 of Article IX of the Downey Municipal
Code:
DweSee-tSeseRd-kt+ait-DeveleprnenV
SECTION 9. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definition to Section 9134 of Article IX of the Downey Municipal Code
to read as follows:
Guesthouse: Living quarters, or other habitable space, without any kitchen facilities
within a detached accessory building or attached to the main building, located on the
same lot as the main building, for use by temporary guests or for the use of domestics
employed on the premises by the occupants of the lot. A guesthouse shall be ancillary to
the main dwelling unit, be less than seven hundred (700) square feet in size, and shall
not contain more than one room plus a bathroom.
SECTION 10. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definition to Section 9138 of Article IX of the Downey Municipal Code
to read as follows:
Independent Exterior Access: A door that provides independent access to an ADU
and is located on the exterior 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
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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.
SECTION 12. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definition to Section 9142 of Article IX of the Downey Municipal Code
to read as follows:
Kitchen: A room or space used, or intended, or designed to be used for the cooking or
preparation of food.
SECTION 13. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definitions to Section 9158 of Article IX of the Downey Municipal Code
to read as follows:
Short Term Rental: The rental or lease of a dwelling unit for a period less of 30 days or
less.
SECTION 14. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council delete the following definition from Section 9158 of Article IX of the Downey Municipal
Code:
Second -Wait DevelepFRent: A scale nat"we4i n"avin9-6ePaFeta i ee1a
eating-eeokin and--sa-nitation-facilities4ndepende
same I��Re-second-rni e-attaGhe of-de#a&h -may
PFiesipal-dwelai a"hiGh4s-no -ntertded4eF-sal"ut-n a, meted -
SECTION 15. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council delete the following from Section 9312, Table 9.3.2. Residential Zones Use
Regulations, of Article IX of the Downey Municipal Code:
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Resolution No. 18-3050
Downey Planning Commission
SECTION 16. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following to Section 9312, Table 9.3.2. Residential Zones Use Regulations, of
Article IX of the Downey Municipal Code:
SECTION 17. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council delete Section 9414 of Article IX of the Downey Municipal Code in its entirety and
replaced with a new Section 9414 of Article IX of the Downey Municipal Code, and shall read as
follows:
SECTION 9414. ACCESSORY DWELLING UNIT DEVELOPMENTS
Section 9414.02. INTENT AND PURPOSE
The intent and purpose of this section is to establish residential Accessory Dwelling
Unit (ADU) regulations in order to provide a mechanism for accommodating ADUs in
appropriate, residential areas and govern the creation of ADUs within the City. The
provisions are intended to stabilize property values and enhance the single-family
character of neighborhoods by insuring that ADUs are developed under appropriate
conditions.
Section 9414.04. APPLICABILITY AND APPROVALS
Accessory Dwelling Units are permitted in the following areas:
(a) In all residential zones, if an ADU is located within an existing structure. For the
purposes of this section, an existing structure shall mean a structure for which
proper permits have been issued and the final inspection has been approved at
least two years prior to submitting the ADU into Building Plan Check.
(b) Within the Accessory Dwelling Unit Areas (as depicted on the Official Zoning
Map), construction of a new building or an addition to an existing building,
attached or detached, subject to Section 9414 et seq.
Section 9414.06. STANDARDS
In addition to the development standards for the zone, the following standards shall
apply to all ADU developments. In the event there is a conflict between the following
standards and any other portion of the code, this section shall apply.
(a) There shall be no more than one (1) ADU per parcel.
Zone Text Amendment (ADUs) - PLN -17-00103
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• Notes and Exceptions
Resldential
Accessory Dwelling P
P P
P Subject to Section 9414
Units
Junior Accessory NP
NP NP
NP
Dwelling Unit
SECTION 17. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council delete Section 9414 of Article IX of the Downey Municipal Code in its entirety and
replaced with a new Section 9414 of Article IX of the Downey Municipal Code, and shall read as
follows:
SECTION 9414. ACCESSORY DWELLING UNIT DEVELOPMENTS
Section 9414.02. INTENT AND PURPOSE
The intent and purpose of this section is to establish residential Accessory Dwelling
Unit (ADU) regulations in order to provide a mechanism for accommodating ADUs in
appropriate, residential areas and govern the creation of ADUs within the City. The
provisions are intended to stabilize property values and enhance the single-family
character of neighborhoods by insuring that ADUs are developed under appropriate
conditions.
Section 9414.04. APPLICABILITY AND APPROVALS
Accessory Dwelling Units are permitted in the following areas:
(a) In all residential zones, if an ADU is located within an existing structure. For the
purposes of this section, an existing structure shall mean a structure for which
proper permits have been issued and the final inspection has been approved at
least two years prior to submitting the ADU into Building Plan Check.
(b) Within the Accessory Dwelling Unit Areas (as depicted on the Official Zoning
Map), construction of a new building or an addition to an existing building,
attached or detached, subject to Section 9414 et seq.
Section 9414.06. STANDARDS
In addition to the development standards for the zone, the following standards shall
apply to all ADU developments. In the event there is a conflict between the following
standards and any other portion of the code, this section shall apply.
(a) There shall be no more than one (1) ADU per parcel.
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Resolution No. 18-3050
Downey Planning Commission
(b) There shall be not more than one (1) principal dwelling unit on a parcel.
(c) There shall be not more than one (1) address on the parcel, except that ADUs
may have a unit number or letter.
(d) The total floor area of an ADU shall not exceed 850 square feet and shall not be
less than 220 square feet. The ADU counts towards the maximum allowable floor
area ratio or lot coverage for the property.
(e) ADUs that require construction of a new building or an addition to an existing
building shall only be located on lots that meet the minimum lot size and width for
the zone.
(f) Existing space within a single-family residence or within an accessory structure
may be converted into an ADU, provided that the proposed ADU has
Independent Exterior Access from the existing residence, and the side and rear
setbacks are sufficient for fire safety, and as required by the adopted California
Building Code, as modified by the City of Downey.
(g) The entrance to an ADU shall not face onto a front yard or street side yard.
(h) ADUs shall be located to the rear of the principal dwelling unit. This shall not
apply to the conversion of existing space, as allowed under Section 9414.04(a).
(i) An ADU must provide an automatic sprinkler system if an automatic sprinkler
system is required for the principal residence.
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.
(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.
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Resolution No. 18-3050
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:
Land Use Type Required Off -Street Parking Notes and Comments
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Resolution No. 18-3050
Downey Planning Commission
SECTION 19. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend the following parking requirements in Section 9708, Table 9.7.2 — Residential
Parking Requirements, of Article IX of the Downey Municipal Code to read as follows:
Land Use Type Required •Notes
Single-family dwellings 2.0 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 20. If any section, subsection, paragraph, sentence, clause or phrase of the
resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this resolution.
The Planning Commission declares that it would have adopted this resolution, and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 21. The Secretary shall certify the adoption of this Resolution.
[signatures on next page]
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Resolution No. 18-3050
Downey Planning Commission
PASSED, APPROVED AND ADOPTED this 18th day of April, 2018.
,.even Damin ez, ice Chairman
-' City PIjnnin20Commfssion
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof, held on the 18th day of April,
2018, by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Duarte and Dominguez
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Frometa and Owens
ABSTAIN: COMMISSIONERS: None
Mary Cay6nagh, Secretaryj
City Planning Commission
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