HomeMy WebLinkAbout3. PLN-22-00155PC AGENDA PAGE 1
Zone Text Amendment (Accessory Dwelling Units) - PLN-22-00155
May 3, 2023 - Page 2
ordinance is considered invalid, cities must abide by regulations of state law. Because Downey
does not have a local ordinance that is consistent with state law, it has applied the regulations of
State law instead.
An ADU is accessory to a primary residence and has complete independent living facilities for
one or more persons and has a few variations:
•Detached: The unit is separated from the primary structure.
•Attached: The unit is attached to the primary structure.
•Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area,
or similar use, or an accessory structure) on the lot of the primary residence that is
converted into an independent living unit.
•Junior Accessory Dwelling Unit (JADU): A specific type of conversion of existing space
that is contained entirely within an existing or proposed single-family residence.
The State has declared that among other things, allowing ADUs in zones that allow single-family
and multifamily uses provides additional rental housing and is an essential component in
addressing California’s housing needs. Over the years, State ADU Law has been revised to
improve its effectiveness at creating more housing units by reducing barriers, streamlining
approval processes, and expanding capacity to accommodate the development of ADUs and
JADUs. Cities are left with very little opportunity to regulate ADUs on their terms.
LEGAL NOTIFICATION AND PUBLIC COMMENTS
On November 24, 2022, notice of the pending zone text amendment was published in the Downey
Patriot as 1/8th page ad for the planning commission meeting held on December 7, 2022. On the
commission meeting date of December 7th, the item was continued to a date uncertain. On March
23, 2023, 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. The Notice
invited the public to comment on the proposed amendment and informed the public of the April 5,
2023 scheduled public hearing. On April 5, 2023, the Planning Commission continued the item
to the April 19, 2023 meeting date and subsequently again to May 3, 2023. As of the date of this
report, no public comment has been received. Any written comments received will be forwarded
under separate cover.
ANALYSIS
This report will analyze key development standards that are absolutely mandated by state law
and standards that allow cities very limited choices. The following is a summary of the key
standards:
Ministerial process for approval: The City is required to approve ADU and JADU permits
through a ministerial review process within 60 days of submittal of a complete application. A
ministerial process includes only objective standards and does not provide for the same level of
discretionary permit review that is typical of Site Plan Review applications. Cities may apply
development and design standards that include but are not limited to, parking, height, setback,
landscape, architectural review, maximum size of an ADU and standards that prevent adverse
impacts on any real property that is listed in the California Register of Historical Resources.
However, these standards must be objective to allow ministerial review of an ADU.
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Zone Text Amendment (Accessory Dwelling Units) - PLN-22-00155
May 3, 2023 - Page 3
Zones where ADUs and JADUs are permitted: ADUs are permitted on a lot with an
existing or proposed single family or multi family dwelling any zone that allows single-
family dwellings or multiple-family dwelling. JADUs are permitted only in single-family
zones.
Development Standards for ADUs: Cities are prohibited from applying development
standards to ADUs including lot coverage, minimum square footage, maximum floor area
ratio (FAR), certain setbacks (distance from property lines or other structures) or minimum
open space requirements if such standards would preclude the construction of an ADU of
up to 800 square feet in floor area, a minimum 4-foot side and rear yard setbacks and any
height limitation that does not allow at least the following:
1.A height of 16 feet for a detached accessory dwelling unit on a lot with an existing
or proposed single family or multifamily dwelling unit.
2.A height of 18 feet for a detached accessory dwelling unit on a lot with an existing
or proposed single family or multifamily dwelling unit that is within a half-mile
walking distance of a major transit stop or a high-quality transit corridor. A local
agency is also to allow an additional two feet in height to accommodate a roof pitch
on the accessory dwelling unit that is aligned with the roof pitch of the primary
dwelling unit.
3.A height of 18 feet for a detached accessory dwelling unit on a lot with an existing
or proposed multifamily, multistory dwelling.
4.A height of 25 feet or the height limitation in the local zoning ordinance that applies
to the primary dwelling, whichever is lower, for an accessory dwelling unit that is
attached to a primary dwelling. This clause shall not require a local agency to allow
an accessory dwelling unit to exceed two stories.
Notwithstanding the above limitation, cities may establish minimum and maximum unit
size requirements for both attached and detached ADU provided the maximum size must
allow at least an 850 square feet ADU or a 1,000 square foot ADU that provides more than
one bedroom.
The proposed ordinance establishes the following development standards:
o Size: 850 square feet for a studio or one-bedroom unit and 1,000 square feet for
a unit with two or more bedrooms.
o Height: Same as shown above. With regards to attached, the height is 25 feet
since that is a lower height than the 28-foot height limit in the R1 zones.
o Setback: Front setback same as existing zoning typically 15 to 20 feet. Side and
rear setbacks is 4 feet.
o Parking: None required for JADU. One parking space required for an ADU that
can be on a driveway. Parking is not required if within one-half mile walking
distance to public transit. If existing attached or detached garage is converted to
an ADU, then replacement parking is not required.
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Zone Text Amendment (Accessory Dwelling Units) - PLN-22-00155
May 3, 2023 - Page 4
o Architectural Standards: Various objective standards regarding compatibility with
the primary building in terms of roof pitch, colors, materials and window and door
styles.
ADUs on lots with Multiple Family Dwelling Units: At least one ADU within an existing
multifamily dwelling and up to 25 percent of the existing multifamily dwelling units within the
portions of the existing multifamily dwelling structures that are not used as livable space,
including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or
garages, if each unit complies with state building standards for dwellings. And no more than
two detached ADUs subject to same setback and height standards as above.
The draft ordinance also addresses other issues such as development impact fees, short term
rentals, owner-occupancy requirements and limitations on denial of permits to create ADU due to
correction of nonconforming zoning conditions, building code violations, or unpermitted structures
that do not present a threat to public health and safety and are not affected by the construction of
the accessory dwelling unit. These issues including the proposed development standards and
procedures for processing ADU applications are found in Attachment “A” of the attached draft
Planning Commission Resolution (Exhibit A)
ENVIRONMENTAL ANALYSIS
The adoption of an Accessory Dwelling Unit Ordinance is exempt from the California
Environmental Quality Act (CEQA) per Statutory Exemption (Pubic Resources Code Section
21080.17 and CEQA Guidelines Section 15282(h) which pertain to adoption of an ordinance
regarding second units (accessory dwelling units).
FINDINGS
Pursuant to Municipal Code Section 9832.06, prior to making recommendations to the Council
and the Council prior to approving an amendment to the Zoning Code must make the following
findings:
A.The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare.
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 because the proposed Zone Text Amendment implements development
standards for ADUs that are designed to facilitate construction that furthers the public
health, safety and general welfare. Furthermore, the proposed amendments will bring the
City’s code into compliance with current state law.
B.The proposed amendment is in general conformance with the General Plan.
The proposed amendment fulfills General Plan Housing Element Program 1.4 which calls
for the adoption of an ADU ordinance that reflects current State law, and that also
streamlines, facilitates and encourages ADU development.
Moreover, under Government Code section 65852.2(a)(10), the development of any ADU
or JADU that conforms to state law “shall be deemed to be consistent with the existing
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Zone Text Amendment (Accessory Dwelling Units) - PLN-22-00155
May 3, 2023 - Page 5
general plan” as a matter of law. This ordinance implements that statutory provision and
so by extension is consistent with the general plan as a matter of law.
RECOMMENDATION
Based on the above analysis and findings, staff recommends the Planning Commission conduct
a public hearing and after closing the public hearing, adopt the attached draft resolution
recommending that the City Council adopt the proposed Zone Text Amendment (PLN-22-00155)
which repeals the City’s current ordinance on ADUs and replaces with a new ordinance that
reflects current State law, including related amendments to other sections of the Zoning Code.
EXHIBITS
A.Planning Commission Resolution (includes the draft Ordinance)
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Resolution No. 23-_____
Downey Planning Commission
Zone Text Amendment (Accessory Dwelling Unit) – PLN-22-00155
May 03, 2023 – Page 1
RESOLUTION NO. 23-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE
TEXT AMENDMENT (PLN-22-00155), 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.The California Legislature has approved and the Governor has signed into law, a
number of bills that, among other things, amended Government Code Sections
65852.22 65852.22 to impose new limits on local authority to regulate Accessory
Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); and,
B.The Planning Commission has authority pursuant to Section 9832.04(d) of the Municipal
Code to make a recommendation to the City Council to approve, approve with
modifications, or disapprove amendments to the Zoning code; and,
C.The City desires to update its ADU and JADU regulations to conform to current state law
as stipulated in the City’s General Plan.
D.The Planning Commission held a duly noticed public hearing on May 13, 2023, 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 that the
proposed project was reviewed for compliance with the California Environmental Quality Act
(CEQA), and is categorically exempt from CEQA, pursuant to Public Resources Code Section
21080.17 and CEQA Guiltiness Section 15282(h), because this is an action to implement the
provisions of Government Code Sections 65852.2 and 65852.22.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Zone Text Amendment, and in accordance with Section
9832.06 of the Municipal Code, the Planning Commission further finds, determines and declares
that:
1.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 because the proposed Zone Text Amendment implements
development standards for ADUs that are designed to facilitate construction that
furthers the public health, safety and general welfare. Furthermore,
2.The proposed amendments will bring the City’s code into compliance with current
state law consistent with General Plan Housing Element Program 1.4 which calls for
the adoption of an ADU ordinance that reflects current State law, and that also
streamlines, facilitates and encourages ADU development. Moreover, under
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Resolution No. 23-_____
Downey Planning Commission
Zone Text Amendment (Accessory Dwelling Unit) – PLN-22-00155
May 03, 2023 – Page 2
Government Code section 65852.2(a)(10), the development of any ADU or JADU
that conforms to state law “shall be deemed to be consistent with the existing
general plan” as a matter of law. This ordinance implements that statutory provision
and so by extension is consistent with the general plan as a matter of law.
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 adopt Ordinance No. _____ included hereto as “Attachment A.”
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of May 2023.
Horacio Ortiz, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof held on the 03rd day of May
2023, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________________
Irving Anaya
Associate Planner
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CITY OF DOWNEY
ORDINANCE NO. 23-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 9414 WITHIN CHAPTER 9 OF ARTICLE IX OF
THE DOWNEY MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND DETERMINING THE ACTION TO BE EXEMPT
FROM CEQA
WHEREAS, the City of Downey, California (“City”) is a municipal corporation,
duly organized under the constitution and laws of the State of California; and
WHEREAS, California law allows cities to provide by ordinance for the creation
of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the
Governor has signed into law, a number of bills that, among other things, amended
Government Code sections 65852.2 and 65852.22 to impose new limits on local
authority to regulate ADUs and JADUs; and
WHEREAS, in 2022, the California Legislature approved, and the Governor
signed into law, a new bill (SB 897) that further amends Government Code sections
65852.2 and 65852.22; and
WHEREAS, the City desires to update its ADU and JADU regulations to conform
to current state law; and
WHEREAS, the City also desires to set the form and manner in which a property
owner may request an extension to bring an ADU into compliance with required building
standards in specific circumstances consistent with California Government Code section
65852.2(n) and California Health & Safety Code section 17980.12; and
WHEREAS, on May 3, 2023, the Planning Commission held a duly noticed public
hearing, and after fully considering all oral and written testimony, and facts and opinions
offered before and at the hearing, adopted Planning Commission Resolution No. 23-
____ recommending approval of the proposed Zone Text Amendment to the City
Council by a ___ vote; and
WHEREAS, on June _____, 2023, 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
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EXHIBIT A
2
WHEREAS, having further considered all of the oral and written evidence
presented to it before and at the public hearing, the City Council of the City of Downey
finds, determines and declares that approval of this ordinance is statutorily exempt from
review under the California Environmental Quality Act (“CEQA”) under Public
Resources Code section 21080.17 and CEQA Guidelines section 15282(h), because
the ordinance implements the provisions of California Government Code sections
65852.2, 65852.22 and 65852.26; and
WHEREAS, having further considered all of the oral and written evidence
presented to it before and at the public hearing, the City Council of the City of Downey
further finds, determines and declares the following:
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 because the proposed Zone Text Amendment
implements development standards for ADUs that are designed to facilitate
construction that furthers the public health, safety and general welfare.
Furthermore, the proposed amendments will bring the City’s code into
compliance with current state law consistent with General Plan Housing
Element Program 1.4 which calls for the adoption of an ADU ordinance that
reflects current State law, and that also streamlines, facilitates and
encourages ADU development.
Moreover, under Government Code section 65852.2(a)(10), the development
of any ADU or JADU that conforms to state law “shall be deemed to be
consistent with the existing general plan” as a matter of law. This ordinance
implements that statutory provision and so by extension is consistent with the
general plan as a matter of law.
SECTION 1. The following definition is hereby deleted marked by strike outs
from Section 9122 of Article IX of the Downey Municipal Code:
Accessory Dwelling Unit or “ADU”: An attached or a detached residential
dwelling unit, which provides complete independent living facilities for one (1) 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 struck-out phrase is hereby deleted from Section 9706 –
Parking Layout and Design, of Article IX of the Downey Municipal Code, as
indicated below:
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(c)(4) A suitable turnaround area shall be provided in all zones, including
approved Second Unit Developments, so that vehicles shall enter the street in a forward
manner, except on property in the R-1 Zone developed with a single-family dwelling and
on property in the R-2 Zone developed with no more than two (2) dwellings.
SECTION 3. Section 9414 of Article IX of the Downey Municipal Code is hereby
repealed in its entirety and replaced with a new Section 9414 of Article IX of the
Downey Municipal Code, to read in its entirety as follows:
SECTION 9414. ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY
DWELLING UNITS DEVELOPMENT.
SECTION 9414.02 INTENT AND PURPOSE.
The purpose of this section is to allow and regulate accessory dwelling units
(ADUs) and junior accessory dwelling units (JADUs) in compliance with California
Government Code sections 65852.2 and 65852.22 and other applicable law. An
ADU or JADU that conforms to the standards in this section will not be deemed to
be inconsistent with the City’s general plan and zoning designation for the lot on
which the ADU or JADU is located, deemed to exceed the allowable density for
the lot on which the ADU or JADU is located, considered in the application of any
local ordinance, policy, or program to limit residential growth, or required to correct
a nonconforming zoning condition, as defined in Section 9414.04 below. This does
not prevent the City from enforcing compliance with applicable building standards
in accordance with Health and Safety Code section 17980.12.
SECTION 9414.04 DEFINITIONS.
Accessory dwelling unit or “ADU”: An attached or a detached residential
dwelling unit that provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary residence. An
accessory dwelling unit also includes the following:
(a)An efficiency unit.
(b)A manufactured home, as defined by section 18007 of the Health and
Safety Code.
“Accessory structure”: A structure that is accessory and incidental to a primary
dwelling located on the same lot.
Complete independent living facilities: Permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family
or multifamily dwelling is or will be situated.
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Efficiency unit: As defined by section 17958.1 of the California Health & Safety
code (as that section may be amended from time to time).
Efficiency kitchen: A kitchen that includes all of the following:
(a)A cooking facility with appliances.
(b)A food preparation counter and storage cabinets that are of a reasonable
size in relation to the size of the JADU.
Junior accessory dwelling unit or “JADU”: A residential dwelling unit that
satisfies all of the following:
(a)It is no more than 500 square feet in size.
(b)It is contained entirely within an existing or proposed single-family structure.
An enclosed use within the residence, such as an attached garage, is
considered to be a part of and contained within the single-family structure.
(c)It includes its own separate sanitation facilities or shares sanitation facilities
with the existing or proposed single-family structure.
(d)If the unit does not include its own separate bathroom, then it contains an
interior entrance to the main living area of the existing or proposed single-
family structure in addition to an exterior entrance that is separate from the
main entrance to the primary dwelling.
(e)It includes an efficiency kitchen, as defined above.
Living area: The interior habitable area of a dwelling unit, including basements
and attics, but not including a garage or any accessory structure.
Multifamily dwelling: Any structure that contains more than one primary dwelling.
Nonconforming zoning condition: A physical improvement on a property that
does not conform with current zoning standards.
Passageway: Pathway that is unobstructed clear to the sky and extends from a
street to one entrance of the ADU or JADU.
Proposed dwelling: A dwelling that is the subject of a permit application and that
meets the requirements for permitting.
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Public transit: A location, including, but not limited to, a bus stop or train station,
where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the
public.
SECTION 9414.06 APPROVALS.
(a) Statutory ADUs. If an ADU or JADU complies with each of the
requirements in Section 9414.10, it is allowed with only a building permit in
the following scenarios:
(1) Converted on Lot with Single-family Dwelling: One ADU as
described in this subsection (a) and one JADU on a lot with a
proposed or existing single-family dwelling on it, where the ADU or
JADU satisfies each of the following:
(i) It is either within the space of a proposed single-family
dwelling; within the space of an existing single-family dwelling;
or (in the case of an ADU only) within the space of an existing
accessory structure, plus up to 150 additional square feet if
the expansion of the accessory structure is limited to
accommodating ingress and egress.
(ii) It has exterior access that is independent of that for the single-
family dwelling.
(iii) Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes.
(iv) JADU must comply with the requirements of Government
Code section 65852.22.
(2) Converted on Lot with Multi-family Dwelling: One or more ADUs
within portions of an existing multifamily dwelling structure that are
not used as livable space, including but not limited to storage rooms,
boiler rooms, passageways, attics, basements, or garages, if each
converted ADU complies with state building standards for dwellings.
Under this subsection (a)(2), at least one converted ADU is allowed
within an existing multifamily dwelling, up to a quantity equal to 25
percent of the existing multifamily dwelling units.
(3) Limited Detached on Lot with Single-family Dwelling: One
detached, new-construction ADU on a lot with a proposed or existing
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single-family dwelling (in addition to any JADU that might be
otherwise be established on the lot under subsection (a)(1) above, if
the detached ADU satisfies each of the following limitations:
(i)The side and rear-yard setbacks are at least four feet.
(ii)The total floor area is 800 square feet or smaller.
(iii)The peak height above grade does not exceed the applicable
height limit in Section 9414.10(b) below.
(4)Limited Detached on Lot with Multi-family Dwelling: No more
than two detached ADUs on a lot that has an existing or proposed
multifamily dwelling if each detached ADU satisfies both of the
following limitations:
(i)The side and rear-yard setbacks are at least four feet. If the
existing multifamily dwelling has a rear or side yard setback
of less than four feet, the City will not require any modification
to the multifamily dwelling as a condition of approving the
ADU.
(ii)The peak height above grade does not exceed the applicable
height limit provided in Section 9414.10(b) below.
(b)Local Ministerial ADUs. An ADU that does not qualify under subsection
(a)of this section is allowed with only a building permit if it complies with
each of the general standards in Section 9414.10 and with each of the local
standards in Section 9414.12.
SECTION 9414.08 PROCESS AND TIMING.
(a)An ADU or JADU permit is considered and approved ministerially without
discretionary review or a hearing, notwithstanding any local ordinance
regulating the issuance of variances or special use permits.
(b)An ADU or JADU application is acted on within 60 days from the date that
the City receives a completed application. If the City has not approved or
denied the completed application within 60 days, the application is deemed
approved unless either:
(1)The applicant requests a delay, in which case the 60-day time period
is tolled for the period of the requested delay, or
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(2) When an application to create an ADU or JADU is submitted with a
permit application to create a new single-family or multifamily
dwelling on the lot, the City may delay acting on the permit
application for the ADU or JADU until the City acts on the permit
application to create the new single-family or multifamily dwelling, but
the application to create the ADU or JADU will still be considered
ministerially without discretionary review or a hearing.
(c) If an application to create an ADU or JADU is denied, the City must provide
the applicant with comments that include, among other things, a list of all
the defective or deficient items and a description of how the application may
be remedied by the applicant. Notice of the denial and corresponding
comments must be provided to the applicant within the 60-day time period
established by subsection (b) above.
(d) A demolition permit for a detached garage that is to be replaced with an
ADU is reviewed with the application for the ADU and issued at the same
time.
SECTION 9414.10 GENERAL STANDARDS.
The following requirements apply to ADUs and JADUs that are approved under
this Section 9414.
(a) Zoning
(1) An ADU or JADU that is approved under Section 9414.06(a) may be
constructed on a lot that is in a residential or mixed-use zone.
(2) An ADU or JADU that is approved under Section 9414.06(b) may be
constructed on a lot that is zoned to allow single-family dwelling or
multi-family dwelling residential use.
(b) Height
(1) Except as otherwise provided by this subsection (b), a detached ADU
created on a lot with an existing or proposed single-family or
multifamily dwelling may not exceed 16 feet in height.
(2) A detached ADU may be up to 18 feet in height if it is constructed on
a lot with an existing or proposed single family or multifamily dwelling
unit that is located within one-half mile walking distance of a major
transit stop or a high quality transit corridor, as those terms are
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defined in section 21155 of the Public Resources Code, and the ADU
may be up to two additional feet in height (for a maximum of 20 feet)
if necessary to accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the primary dwelling unit.
(3)A detached ADU constructed on a lot with an existing or proposed
multifamily dwelling that has more than one story above grade may
not exceed 18 feet in height.
(4)An ADU that is attached to the primary dwelling may not exceed 25
feet in height or the height limitation imposed by the underlying zone
that applies to the primary dwelling, whichever is lower.
Notwithstanding the foregoing, no ADU subject to this paragraph
may exceed two stories.
(5)For purposes of this section, height is measured from existing legal
grade or the level of the lowest floor, whichever is lower, to the peak
of the structure.
(c)Fire Sprinklers
(1)Fire sprinklers are required in an ADU if sprinklers are required in the
primary residence.
(2)The construction of an ADU does not trigger a requirement for fire
sprinklers to be installed in the existing primary dwelling.
(d)Rental Term. No ADU, JADU, or principal dwelling may be rented for a term
that is shorter than 30 days. This prohibition applies regardless of when the
ADU or JADU was constructed.
(e)No Separate Conveyance. An ADU or JADU may be rented, but, except
as otherwise provided in Government Code section 65852.26, no ADU or
JADU may be sold or otherwise conveyed separately from the lot and the
primary dwelling (in the case of a single-family lot) or from the lot and all of
the dwellings (in the case of a multifamily lot).
(f)Septic System. If the ADU or JADU will connect to an onsite wastewater-
treatment system, the owner must include with the application a percolation
test completed within the last five years or, if the percolation test has been
recertified, within the last 10 years.
(g)Owner Occupancy
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(1) An ADU that is permitted after January 1, 2020, but before January
1, 2025, is not subject to any owner-occupancy requirement.
(2) Unless applicable law requires otherwise, all ADUs that are permitted
on or after January 1, 2025 are subject to an owner-occupancy
requirement. A natural person with legal or equitable title to the
property must reside on the property as the person’s legal domicile
and permanent residence.
(3) As required by state law, all JADUs are subject to an owner-
occupancy requirement. A natural person with legal or equitable title
to the property must reside on the property, in either the primary
dwelling or JADU, as the person’s legal domicile and permanent
residence. However, the owner-occupancy requirement in this
subsection does not apply if the property is entirely owned by another
government agency, land trust, or housing organization.
(h) Deed Restriction. Prior to issuance of a building permit for an ADU or
JADU, a deed restriction must be recorded against the title of the property
in the County Recorder’s office and a copy filed with the City Planner. The
deed restriction must run with the land and bind all future owners. The form
of the deed restriction will be provided by the City and must provide that:
(1) Except as otherwise provided in Government Code section
65852.26, the ADU or JADU may not be sold separately from the
primary dwelling.
(2) The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section.
(3) The deed restriction runs with the land and may be enforced against
future property owners.
(4) The deed restriction may be removed if the owner eliminates the
ADU or JADU, as evidenced by, for example, removal of the kitchen
facilities. To remove the deed restriction, an owner may make a
written request of the Director of Community Development, providing
evidence that the ADU or JADU has in fact been eliminated. The
Director may then determine whether the evidence supports the
claim that the ADU or JADU has been eliminated. If denied, an
appeal can be requested if consistent with other provisions of this
Code. If the ADU or JADU is not entirely physically removed, but is
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only eliminated by virtue of having a necessary component of an
ADU or JADU removed, the remaining structure and improvements
must otherwise comply with applicable provisions of this Code.
(5) The deed restriction is enforceable by the Community Development
Director or the Director’s designee for the benefit of the City. Failure
of the property owner to comply with the deed restriction may result
in legal action against the property owner, and the City is authorized
to obtain any remedy available to it at law or equity, including, but not
limited to, obtaining an injunction enjoining the use of the ADU or
JADU in violation of the recorded restrictions or abatement of the
illegal unit.
(i) Rent Reporting. In order to facilitate the City’s obligation to identify
adequate sites for housing in accordance with Government Code sections
65583.1 and 65852.2, the following requirements must be satisfied:
(1) With the building-permit application, the applicant must provide the
City with an estimate of the projected annualized rent that will be
charged for the ADU or JADU.
(2) Within 90 days after each January 1 following issuance of the
building permit, the owner must report the actual rent charged for the
ADU or JADU during the prior year. If the City does not receive the
report within the 90-day period, the owner is in violation of this Code,
and the City may send the owner a notice of violation and allow the
owner another 30 days to submit the report. If the owner fails to
submit the report within the 30-day period, the City may enforce this
provision in accordance with applicable law.
(j) Building & Safety
(1) Must comply with building code. Subject to subsection (2) below,
all ADUs and JADUs must comply with all local building code
requirements.
(2) No change of occupancy. Construction of an ADU does not
constitute a Group R occupancy change under the local building
code, as described in section 310 of the California Building Code,
unless the building official or Code Enforcement Division officer
makes a written finding based on substantial evidence in the record
that the construction of the ADU could have a specific, adverse
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impact on public health and safety. Nothing in this subsection (2)
prevents the City from changing the occupancy code of a space that
was uninhabitable space or that was only permitted for
nonresidential use and was subsequently converted for residential
use in accordance with this section.
SECTION 9414.12 LOCAL STANDARDS
Unless an ADU or JADU qualifies as one of the types described by Section
9414.06(a), the following requirements apply to ADUs and JADUs that are
approved under this Section 9414.
(a) Dwelling Size
(1) The maximum floor area of a detached or attached ADU subject to
this Section 9414.12 is 850 square feet for a studio or one-bedroom
unit and 1,000 square feet for a unit with two or more bedrooms.
(2) An attached ADU that is constructed on a lot with an existing primary
dwelling is further limited to 50 percent of the floor area of the existing
primary dwelling.
(3) Application of other development standards in this Section 9414.12,
such as FAR or lot coverage, might further limit the size of the ADU,
but no application of the percent-based size limit in subsection (a)(2)
above or of an FAR, front setback, lot coverage limit, or open-space
requirement may require the ADU to be less than 800 square feet.
(b) Floor Area Ratio (FAR). ADUS that are subject to this Section 9414.12
must conform to the following FAR standards, subject to subsection (a)(3)
above:
(1) In R-1: 45 percent
(2) In M-U: 4.0
(c) Setbacks
(1) Side and Rear. ADUs that are subject to this Section 9414.12 must
conform to 4-foot side and rear setbacks.
(2) Front. ADUs that are subject to this Section 9414.12 must conform
to the following front setbacks, subject to subsection (a)(3) above:
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(i)In R-1 and R-2: 20 feet
(ii)In R-3 and R-3-O: 15 feet
(iii)In M-U: 0 feet (none required)
(3)Exception. No setback is required for an ADU if the ADU is
constructed in the same location and to the same dimensions as an
existing structure.
(d)Lot Coverage. ADUs that are subject to this Section 9414.12 must conform
to the following lot-coverage standards, subject to subsection (a)(3) above:
(1)In R-1: 45 percent
(2)In R-2, R-3, R-3-O: 50 percent
(3)In M-U: None required
Table 9.14.4 Summary of Select Standards
Zone: R-1
(all sizes)
R-2 R-3 R-3-O M-U
Front
setbacks*
20 ft 20 ft 15 ft 15 ft NR
Side
setbacks
4 ft 4 ft 4 ft 4 ft 4 ft
Rear
setbacks
4 ft 4 ft 4 ft 4 ft 4 ft
FAR* 45% NR NR NR 4.0
Max Lot
Coverage*
45% 50% 50% 50% NR
* Subject to Section 9414.12(a)(3) above.
Notes: NR = Not required
(e)Passageway. No passageway, as defined by this Section 9414, is required
in conjunction with the construction of an ADU.
(f)Parking
(1)Generally. One off-street parking space is required for each ADU.
The parking space may be provided in setback areas or as tandem
parking, as defined by this Section 9414.
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(2) Exceptions. No parking under subsection (f)(1) above is required in
the following situations:
(i) The ADU is located within one-half mile walking distance of
public transit, as defined by this Section 9414.
(ii) The ADU is located within an architecturally and historically
significant historic district.
(iii) The ADU is part of the proposed or existing primary residence
or an accessory structure under Section 9414.06(a)(1).
(iv) When on-street parking permits are required but not offered
to the occupant of the ADU.
(v) When there is an established car share vehicle stop located
within one block of the ADU.
(vi) When the permit application to create an ADU is submitted
with an application to create a new single-family or new
multifamily dwelling on the same lot, provided that the ADU or
the lot satisfies any other criteria listed in subsections (f)(2)(i)
through (v) above.
(3) Replacement.
(i) Not required for ADU. When a garage, carport, or covered
parking structure is demolished in conjunction with the
construction of an ADU or converted to an ADU, those off-
street parking spaces are not required to be replaced.
(ii) Required for JADU. When required off-street parking for a
primary dwelling, including a garage, carport, or covered
parking structure, is demolished in conjunction with the
construction of a JADU or converted to a JADU, those off-
street parking spaces must be replaced in compliance with the
off-street parking standards that apply to the primary dwelling.
(g) Architectural Requirements
(1) The materials and colors of the exterior walls, roof, and windows and
doors must match the appearance of those of the primary dwelling.
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(2) The roof slope must match that of the dominant roof slope of the
primary dwelling. The dominant roof slope is the slope shared by the
largest portion of the roof.
(3) The exterior lighting must be limited to down-lights or as otherwise
required by the building or fire code.
(4) The ADU must have an independent exterior entrance, apart from
that of the primary dwelling.
(5) The interior horizontal dimensions of an ADU must be at least 10 feet
wide in every direction, with a minimum interior height of 7 feet.
(6) The entrance of a second-story ADU must be oriented away from all
adjacent residential properties. All windows and exterior glass doors
in a second-story ADU that extend below eye level must be obscured
or frosted glass. For purposes of this paragraph, “eye level” means
the height of 5 feet 6 inches.
(7) An ADU under this Section 9414.12 must include permanent washer
and dryer connections.
(8) No more than one kitchen per dwelling unit is permitted.
(h) Historic Protection. An ADU that is on or within 600 feet of real property
that is listed in the California Register of Historic Resources must be located
so as to not be visible from any public right-of-way.
SECTION 9414.14 FEES.
(i) Impact Fees
(1) No impact fee is required for an ADU that is less than 750 square
feet in size. For purposes of this subsection (a), “impact fee” means
a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a
fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here
does not include any connection fee or capacity charge for water or
sewer service.
(2) Any impact fee that is required for an ADU that is 750 square feet or
larger in size must be charged proportionately in relation to the
square footage of the primary dwelling unit. (E.g., the floor area of
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the ADU, divided by the floor area of the primary dwelling, times the
typical fee amount charged for a new dwelling.)
(j)Utility Fees
(1)If an ADU is constructed with a new single-family home, a separate
utility connection directly between the ADU and the utility and
payment of the normal connection fee and capacity charge for a new
dwelling are required.
(2)Except as described in subsection (b)(1) above, converted ADUs
and JADUs that are created under Section 9414.06(a)(1) are not
required to have a new or separate utility connection directly between
the ADU or JADU and the utility. Nor is a connection fee or capacity
charge required.
(3)Except as described in subsection (b)(1), all ADUs that are not
covered by subsection (b)(2) require a new, separate utility
connection directly between the ADU and the utility unless the utility
provider is not the City and the utility provider has a different
requirement in accordance with state law.
(i)The connection is subject to a connection fee or capacity
charge that is proportionate to the burden created by the ADU
based on either the floor area or the number of drainage-
fixture units (DFU) values, as defined by the Uniform
Plumbing Code, upon the water or sewer system.
(ii)The portion of the fee or charge that is charged by the City
may not exceed the reasonable cost of providing this service.
SECTION 9414.16 NONCONFORMING ZONING CODE CONDITIONS,
BUILDING CODE VIOLATIONS, AND UNPERMITTED STRUCTURES.
(a)Violations unaffected by ADU. The City will not deny an ADU or JADU
application due to a nonconforming zoning condition, building code
violation, or unpermitted structure on the lot that does not present a threat
to the public health and safety and that is not affected by the construction
of the ADU or JADU.
(b)Permit to Legalize. As required by state law, the City may not deny a permit
to legalize an existing but unpermitted ADU that was constructed before
January 1, 2018, if denial is based on either of the following grounds:
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(1)The ADU violates applicable building standards.
(2)The ADU does not comply with the state ADU law (Government
Code section 65852.2) or this ADU ordinance (Section 9414).
SECTION 4. SAVINGS CLAUSE. Neither the adoption of this Ordinance nor the
repeal of any other Ordinance or provision of the Downey Municipal Code referenced in
this Ordinance shall not affect in any manner any offense or act committed or done or
any penalty or forfeiture incurred or any right established or accruing before the
effective date of this Ordinance; nor shall it affect any prosecution, suit, or proceeding
pending or any judgment rendered prior to the effective date of this Ordinance. The
provisions of this Ordinance, insofar as they are substantially the same as ordinance
provisions previously adopted by the City relating to the same subject matter, shall be
construed as restatements and continuations, and not as new enactments. The
provisions of this Ordinance shall have priority over substantially similar provisions
previously adopted by the City relating to the same subject matter. All fee schedules
shall remain in full force-and-effect until superseded by Council Resolution.
SECTION 5. 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 validly 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 6. 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 _____, 2023.
_____________
CLAUDIA FROMETA, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
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STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )
CITY OF DOWNEY )
I HEREBY CERTIFY that the foregoing Ordinance No. 23-______ was
introduced at a Regular Meeting of the City Council of the City of Downey held on the ____ day of __________, 2023, and adopted at a regular meeting of the City Council of the City of Downey held on the ____ day of ___________, 2023, by the following vote,
to wit:
AYES: Council Members: NOES: Council Member:
ABSENT: Council Member: ABSTAIN: Council Member:
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 23-
______, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on __________, 2023 (after introduction), and on ______________, 2023 (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
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