01. PH - Zoning Text Amendment of DMC Regulating Accessory Dwelling Units in Residential Zones

Item No.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT

DATE: MARCH 25, 2025

SUBJECT: ZONING TEXT AMENDMENT OF THE DOWNEY MUNICIPAL CODE

REGULATING ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS IN ALL RESIDENTIAL ZONES

EXECUTIVE SUMMARY

The City of Downey regulates Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) under Section 9414 of the Downey Municipal Code (DMC). The initial ordinance was introduced in 2018 (Ordinance No. 18-1394) and later amended in 2023 (Ordinance No. 23-1507). Following its adoption, the California Department of Housing and Community Development (HCD) reviewed the ordinance and identified areas requiring modification to achieve compliance with State laws. Additionally, since 2022, various Assembly and Senate Bills have further updated State regulations on ADUs. The new ordinance incorporates HCD’s feedback and aligns with recent State legislation. It also establishes objective design and development standards to comply with the State’s mandate to eliminate discretionary design review criteria. To maintain local authority over ADUs and JADUs, jurisdictions must adopt an ordinance that adheres to State law while implementing City-specific development standards not otherwise addressed at the state level.

Staff recommends that the City Council approve the proposed Zoning Text Amendment because all required findings can be supported as presented in the ordinance.

RECOMMENDATION

That the City Council:

Introduce an Ordinance amending Section 9414 and 9706 of Article IX of the Downey Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and sections within Chapter 1 of Article IX containing definitions.

BACKGROUND

Since 2016, seventeen (17) bills have been passed by the State Legislature aimed at increasing the production of ADU’s as the State has identified these units as an essential

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strategy to increase housing production and housing supply. These bills have increasingly limited a City’s authority to establish development standards that may otherwise prohibit the development of ADUs in single-family and multi-family zones. The following bills, passed since 2016, have increasingly limited the City’s ability to regulate the development of Accessory Dwelling Units and Junior Accessory Dwelling Units (collectively referred to as Accessory Dwelling Units in this report):

• 2016 – Two bills, including Senate Bill (SB) 1069 and Assembly Bill (AB) 2299.

• 2019 - Six (6) bills, including AB 68, AB 587, AB 670, AB 671, AB 881, and SB 13.

• 2022 - Two (2) l bills, including AB 2221 and SB 897.

• 2023 - Four (4) bills, including AB 976, AB 1033, AB 1332, and AB 434.

• 2024 - Three (3) bills became effective on January 1, 2025, including SB 477, AB 2533, and SB 1211.

Additionally, HCD contacted City staff following the 2023 adoption of the ADU ordinance, requesting modifications to the ordinance to ensure the City remains in compliance with State law. The proposed ADU ordinance would address HCD’s requested modifications concerning the State’s interpretation of State law that resulted in their assessment that the City’s ordinance was not consistent with State law and/or that the City’s development standards applicable to ADU’s were barriers to ADU development (Table 2). While the City was in the process of drafting this ordinance, the municipal code sections that were consistent and complied with State law remained effective and enforceable, while sections that were inconsistent were substituted by applying the corresponding State Government Code sections. This means that until the ordinance is updated, staff and the public refer to both the Downey Municipal and State Government Codes when determining Downey's applicable and enforceable ADU regulations.

ADU Production

The number of ADUs permitted and constructed in Downey has increased annually due to the enactment of State laws focused on facilitating the development of ADUs (Table 1).

Table 1
ADU Permits Issued
2018 2019 2020 2021 2022 2023 2024
3 16 53 117 154 142 212

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ANALYSIS

Statewide Exemption ADUs and Specific Development Standards to the City of Downey

Pursuant to AB 2221, cities must permit ADUs that meet specific State law standards.

This remains the case even when the ADU doesn’t meet city-specific development and design standards, such as lot coverage, floor area ratio, front setbacks, and architectural standards. These ADUs, commonly referred to as “Statewide exempt ADUs,” include units converted from existing space or newly constructed ADUs of 800 square feet or less, providing a minimum four (4) foot setback.

As ADU production continues to increase, it is important for the City to apply development and design standards when possible to maintain the character of each neighborhood throughout the City and ensure that high-quality design reflects single-family design characteristics. The City is allowed to create and implement objective development and design standards in areas where the State legislation allows discretion. Such objective development and design standards must have a measurable outcome where an applicant and City Staff can have the same verifiable understanding when reading these standards.

These standards are applicable to ADUs larger than 800 square feet.

The proposed ADU ordinance would require ADUs above 800 square feet to comply with the following development standards:

Table 2
ADU Development Standards
Zone R-1 R-2 R-3 R-3-O
Max ADU Size 1,000* 1,000* 1,000* 1,000*
Lot Coverage 45% 50% 50% 50%
Floor Area Ratio .45 .50 .50 .50
Front Setbacks 20’ 20’ 15’ 15’
* Allowed square footage if property below the required Lot Coverage and Floor Area Ratio

The following design standards have been customized for the City of Downey for all ADUs greater than 800 square feet to ensure that ADU development remain compatible with single-family neighborhoods to the extent possible.

• Design – ADU Entrances
o Must have an independent exterior entrance, separate from the primary dwelling and must be covered and designed consistent with the design of the primary dwelling.
o Front entries of ADUs shall be fitted with downward porch lighting. All lighting shall be limited to down lighting or as otherwise required by the Building or Fire Code.
o Entrances must not be oriented toward the rear of the property or face a public alley.

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o Entrance shall be oriented toward the street for all new construction and conversions of existing space, with the exception of the following:
 ADUs and JADUs located:
• at the rear of the property and attached to a primary dwelling in a manner that makes it physically infeasible to place a front entrance oriented towards the street.
• located on the second floor of an existing primary dwelling. • where they are not visible from the public right of way. • Colors, Materials, and Massing
o Match the materials and colors of the exterior walls, roof, windows, and doors of the primary dwelling.
o Roof slope shall match the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof, with the exception of the following:
 ADUs and JADUs converted from existing spaces that have not been demolished and replaced in the same location shall be allowed to maintain the existing roof slope.
o All windows and exterior glass doors on a second-story ADU shall be obscured or frosted glass.
• All ADUs larger than 500 square feet shall be fitted with washer and dryer connections.
• No more than one kitchen shall be permitted within a single-family dwelling, an ADU, or a JADU.

HCD contacted City staff following the 2023 adoption of the ADU ordinance, requesting modifications to ensure the City remains in compliance with State law. The proposed ADU ordinance would address HCD’s requested modifications, as summarized below (Table 3).

Table 3
HCD’s Review and Requested Modifications - 2023
2023 Ordinance HCD Comment/City Response
Resolved in
Proposed
Ordinance
(Yes/No)
Combination of converted
ADU, new detached ADU, and
JADU on the same lot is not
allowed.

City must revise the ordinance to allow the
combination of the three types of accessory
dwelling units on the same lot. (Converted ADU,
Detached ADU, and JADU).

Ordinance revised to allow the combination of
ADUs on the same lot.

Yes

HCD interpreted ordinance as
allowing JADU in both single-
family & multi-family lots
JADU only allowed in single-family.

Ordinance revised to allow JADUs in SF zones
only;
Yes

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Table 3
HCD’s Review and Requested Modifications - 2023
2023 Ordinance HCD Comment/City Response
Resolved in
Proposed
Ordinance
(Yes/No)
Height measured from
existing legal grade to peak
of the structure
Measure height of ADU in the same manner as
other residential units.

Upon evaluation of the Ordinance, no changes
were necessary.

Yes
Deed Restrictions required for
all ADUs/JADUs
Owner-occupancy deed restrictions may only be
required for JADUs.

Ordinance revised to only apply deed restrictions
to JADUs.

Yes
Rent reporting is required for
all ADUs
Rent reporting cannot be required for ADUs
unless it is also required for all other rental units
in the City.

Ordinance revised to remove rent reporting.

Yes
All ADUs shall meet City
specific development &
design standards such as:
• Lot Coverage
• Floor Area Ratio
• Front Setbacks
City-specific development standards may not
prevent an applicant from developing an ADU of
at least 800 SF.

Ordinance allows a “Statewide” exemption ADU
per State law which allows an ADU of at least
800 SF.

Yes
ADU entrances on the
second story must be
oriented away from adjacent
residential properties.

Revise ADU entrance requirements that provide
options on where entries can be located so they
do not pose a barrier to ADU development.

Ordinance revised to allow options for a side or
front entry when located on the 2nd floor. Entry
cannot be located at the rear of the property.

Yes
Washer and Dryer
connections are required for
all ADUs
Revise washer and dryer requirements so they
do not pose a barrier to the development of an
efficiency unit.

Ordinance revised as follows: No washer and
dryer requirements proposed for units under 500
SF commonly associated with efficiency sized
ADUs. Washer and Dryer requirements apply to
all ADUs larger than 500 SF.

Yes

The proposed ordinance has been updated to be consistent with State laws, provides clarifying language to facilitate its use by staff and the public, and corrects typographical errors. In conjunction with the proposed ordinance, staff is preparing educational handouts that address the frequently asked questions at the counter, by phone, and via email.

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Housing Element Consistency

The proposed ordinance is consistent with Program 1.4. of the Housing Element adopted in October of 2022, which states that the City will adopt an ADU ordinance that reflects current State law. Also, consistent with the City’s certified Housing Element programs, after the adoption of the proposed ADU Ordinance, staff will implement a centralized webpage dedicated to ADUs along with educational handouts outlining the ADU requirements and applicable municipal code sections. In addition, the Building & Safety Division of the Community Development Department is currently implementing a pre- approved ADU plans program that allows designers to gain pre-approval of ADU plans.

CITY COUNCIL PRIORITIES

Quality of Life, Safety & Infrastructure

BOARD/COMMISSION/SUBCOMMITTEE ACTION:

The zoning amendment regulating ADUs was previously heard by the Planning Commission at its regularly scheduled meeting of February 19, 2025. After considering all evidence and testimony provided at the public hearing, and following deliberation, a motion to recommend approval to the City Council passed with a 5-0 vote.

FISCAL IMPACT

There is no fiscal impact.

ATTACHMENTS

Attachment A: Draft Ordinance for Zone Text Amendment
Attachment B: Summary of ADU-related State Bills
Attachment C: Government Code Section 66310-66342
Attachment D: Planning Commission Staff Report
Attachment E: Planning Commission Revised Resolution No. 25-4045

Attachment A
Zoning Text Amendment – PLN-25-00014
March 25, 2025 – Page

ORDINANCE NO. 25-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 9414 AND 9706 OF ARTICLE IX OF THE DOWNEY

MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS AND SECTIONS WITHIN CHAPTER 1 OF ARTICLE IX CONTAINING DEFINITIONS
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 approved, and the Governor signed into law, a number of bills that amended state law to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, the City desires to update its ADU and JADU regulations to conform to current state law; and
WHEREAS, on August 17, 2023, the California Department of Housing and Community Development (HCD) reviewed the City’s prior ADU ordinance and determined it to be noncompliant with certain provisions of state ADU law; and WHEREAS, on February 6, 2025, a notice of the public hearing to consider this amended Accessory Dwelling Unit Ordinance was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 19, 2025, where after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, it voted to recommend approval by the City Council of this Ordinance; and
WHEREAS, on March 13, 2025, a notice of public hearing by the City Council was sent to all property owners and tenants affected, and the notice was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on March 25, 2025, to consider this Ordinance, where all interested persons were given an opportunity to be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are each incorporated by reference and adopted findings by the City Council.

Attachment A
Zoning Text Amendment – PLN-25-00014
March 25, 2025 – Page

SECTION 2. The City Council has determined that 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 66310 through 66342.

SECTION 3. The City Council further finds and determines that:

A. The requested amendment is necessary and desirable for the development of the community and is in the interest or furtherance of the public health, safety, and general welfare because the proposed Zoning Text Amendment, related to Accessory Dwelling Units, implements development standards for ADUs that are designed to facilitate construction that furthers the public health, safety and general welfare. Furthermore, the proposed amendments would bring the City’s zoning code into compliance with current state law consistent with General Plan Housing Element Program 1.4 which requires the adoption of an ADU ordinance that reflects current state law, and that also streamlines, facilitates and encourages ADU development.

B. The proposed amendment is in general conformance with the General Plan. The ordinance is consistent with the General Plan Housing Element Program 1.4, which is to adopt an Accessory Dwelling Unit ordinance that reflects current state law. Furthermore, Government Code Section 66319 provides that an ADU that conforms to state ADU law shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the respective lot. This ordinance implements state ADU law and so by extension is consistent with the general plan as a matter of law.

SECTION 4. The following definition is hereby deleted 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 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. The following definitions are hereby added to Section 9122 of Article IX of the Downey Municipal Code, and shall read as follows:

Accessory Dwelling Unit or “ADU”: An attached or a detached residential dwelling unit, subject to the provision of Section 9414, that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include 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. An accessory dwelling unit also includes the following:

Attachment A
Zoning Text Amendment – PLN-25-00014
March 25, 2025 – Page

(a) An efficiency unit, as defined in Section 9414.04.
(b) A manufactured home, as defined by Section 18007 of the Health and Safety Code.

SECTION 6. The following definition is hereby added to Section 9136 of Article IX of the Downey Municipal Code, and shall read as follows:

High-Quality Transit Corridor: A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

SECTION 7. The following definition is hereby added to Section 9140 of Article IX of the Downey Municipal Code, and shall read as follows:

Junior Accessory Dwelling Unit or “JADU”: A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

SECTION 8. The following definition is hereby added to Section 9146 of Article IX of the Downey Municipal Code, and shall read as follows:

Major Transit Stop: A site containing a rail station, a terminal served by either a bus or rail transit service or the intersection of two or more bus routes with intervals of service 15 minutes or less during morning and afternoon peak commute periods.

SECTION 9. The following definition is hereby added to Section 9152 of Article IX of the Downey Municipal Code, and shall read as follows:

Public Transit: A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

SECTION 10. Section 9706.02(c)(4) of Article IX of the Downey Municipal Code is hereby amended to read as follows:
(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 11. Section 9414 of Article IX of the Downey Municipal Code is hereby repealed in its entirety and replaced with new Section 9414 of Article IX of the Downey Municipal Code, to read in its entirety as follows:

Attachment A
Zoning Text Amendment – PLN-25-00014
March 25, 2025 – Page

§ 9414 ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNITS DEVELOPMENT.

§ 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 66314 through 66339 and other applicable law. An ADU or JADU that conforms to the standards in this section will not be:
(a) Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located.
(b) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(c) Considered in the application of any local ordinance, policy, or program to limit residential growth
(d) Required to correct a nonconforming zoning condition, as defined in 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. § 9414.04 DEFINITIONS
Terms used in this section are defined as follows:
(a) Accessory Structure: A structure that is accessory and incidental to a dwelling located on the same lot.
(b) Efficiency Unit: Same meaning as defined in Section 17958.1 of the Health and Safety Code.
(c) Efficiency Kitchen: A kitchen that includes all of the following:
1) A cooking facility with appliances.
2) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(d) Living Area: The interior habitable area of a dwelling unit, including basements and attics, but not including a garage or any accessory structure. (e) Multi-Family Dwelling: A residential structure containing two (2) or more attached dwelling units , located on a single lot.

Attachment A
Zoning Text Amendment – PLN-25-00014
March 25, 2025 – Page

(f) Nonconforming Zoning Condition: A physical improvement on a property that does not conform with current zoning standards.
(g) Objective Standards: Standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (h) Passageway: A pathway that is unobstructed, clear to the sky, and extends from a street to one entrance of the ADU.
(i) Proposed Dwelling: A dwelling that is the subject of a permit application and that meets the requirements for permitting.
§ 9414.06 ZONING ALLOWANCE.

Unless otherwise provided by preemptive state law or this Code, ADUs and JADUs shall be a permitted use in the following locations:
(a) An ADU or JADU are allowed within the City’s residential zones developed with an existing and proposed residential dwelling: R-1, R-2, R-3, R-3-O and M-U. Further ADUs are not limited to particular zones but allowed anywhere where single-family or multi-family residential uses are allowed. The residential zone shall be consistent with the existing General Plan designation for ADU development. (1) JADUs shall not be allowed in properties zoned for multi-family. (2) Vacant residential properties that are not developed with a single-family or multi-family dwelling shall not establish an ADU unless one of the following is met:
(i) A proposed dwelling is constructed, inspected and has received and passed a final inspection for occupancy by the Building and Safety Division.
(ii) A proposed dwelling and ADU are submitted under one permit application.
§ 9414.08 GENERAL STANDARDS FOR ACCESSORY DWELLING UNITS IN LOTS DEVELOPED WITH A SINGLE-FAMILY DWELLING.

Unless otherwise provided by state law or this Code, ADUs and JADUs shall be allowed based on the type and number of units developed on a lot. For the purposes of ADUs, a lot developed with one single-family dwelling or multiple detached single-family dwellings on one lot, shall be deemed a single-family dwelling lot.

Attachment A
Zoning Text Amendment – PLN-25-00014
March 25, 2025 – Page

(a) Number of Units.
(1) A maximum of two ADUs can be permitted on a single-family lot. ADUs may be a combination of: (A) one (1) attached or detached, new-construction ADU, and (B) ADU resulting fromthe conversion of an existing habitable area or space not used as livable area.
(2) Not more than one (1) JADU may be permitted on a single-family lot. The JADU must be converted from existing space of a single-family dwelling, subject to subsection 9414.08(2) below. Single-family lots having more than one primary dwelling can only be permitted one JADU per single-family lot. (i) The size of a JADU is limited to maximum of 500 square feet. (ii) An enclosed use within the residence, such as an attached garage, is considered to be existing space, a part of and contained within the single-family dwelling.
(iii) A JADU shall have an independent exterior entrance separate from the main primary dwelling.
(iv) If the JADU does not include its own separate sanitation facilities, it shall share sanitation facilities with the primary dwelling through an interior door directly to a shared sanitation facilities in addition to an exterior entrance that is separate from the main entrance of the primary dwelling.
(v) A proposed single-family dwelling shall be constructed, inspected and has received and passed a final inspection for occupancy by the Building and Safety Division prior to a JADU being proposed as part of the dwelling.
(vi) A JADU shall include an efficiency kitchen, as defined in Section 9414.04.
(vii) A JADU requires owner-occupancy within one (1) of the units on the property. A deed restriction in compliance with Section 9414.14(f) shall be required to be recorded in the Los Angeles County Recorder’s Office by the property owner prior to building permit final inspection.
(viii) For the purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.
(b) Square Footage.

Attachment A
Zoning Text Amendment – PLN-25-00014
March 25, 2025 – Page

(1) The maximum floor area of a detached or attached ADU for a studio or one- bedroom unit is 850 square feet and 1,000 square feet for a unit with two or more bedrooms.
(2) An attached ADU constructed on a lot with an existing primary dwelling is further limited to 800 square feet or 50 percent of the floor area of the existing primary dwelling, whichever is more but shall not exceed 1,000 square feet
(3) Newly constructed ADUs or additions to existing permitted ADUs are exempt from meeting Floor Area Ratio (FAR), Lot Coverage, and Open Space when the total floor area of the ADU is 800 square feet or less, including an addition to an ADU.
(4) An ADU of 800 square feet shall be permitted without the applicability of development standards of the underlying zone, such as FAR, lot coverage, front setbacks, and open-space requirements.
(5) Proposed patio covers or similar covered structures shall not be counted towards the allowable square footage for an ADU of any size, but shall be counted towards the total lot coverage of the property. (i) Covered front porch entries shall be allowed a maximum area of 50 square feet and shall not counted towards the allowable ADU square footage, but shall be counted towards the total lot coverage of the property.
(ii) Balconies or decks located on the second floor of an ADU shall not be permitted.
(6) ADUs converted from permitted, attached or detached existing spaces are exempt from maximum ADU sizes. The ADU conversion may include an expansion of no more than 150 square feet beyond the same physical dimensions of the existing structure limited to accommodate ingress and egress.
(c) Setbacks.
(1) Side and Rear Setbacks. Any new attached or detached ADU or an addition to converted spaces for the purpose of an ADU shall have a minimum setback of four (4) feet to the rear and side yard property lines, including ADUs built above an existing or proposed structure. (2) Front Setbacks. Any new ADU or JADU cannot be located within the front setback area regulated by the underlying zone. Notwithstanding the foregoing, the following exemptions shall apply:

Attachment A
Zoning Text Amendment – PLN-25-00014
March 25, 2025 – Page

(i) An ADU that complies with all other applicable development standards may be built within the front yard setback if it is otherwise deemed to be physically infeasible to construct an 800 square foot ADU on other areas of the lot outside of the front setback after review by the City. The applicant shall submit architectural plans and shall provide exhibits demonstrating that the construction of an 800 square foot ADU outside of the front setback is physically infeasible. If deemed physically infeasible, an ADU of 800 square feet that complies with all other applicable development standards shall be allowed to encroach into the front yard setback on the lot, but in no case encroach into the driveway for on-site parking or garage access.
(A) Infeasible shall mean that the area of the lot, minus the existing structures, front setback, side setback, rear
setback, easements, pool, and required driveway, does not provide sufficient space to accommodate a continuous 800 square foot area.

A letter or formal review from an applicable utility provider shall be submitted when utility standards further restrict the property’s ability to accommodate a continuous 800 square foot area.
(B) Inspections shall be conducted by City staff or designee, to verify the condition of the property and consistency with application submittal.
(3) All conversions of permitted structures or a new structure constructed in the same location and to the same dimensions as an existing structure may be built at the existing setback, providing building code requirements are satisfied.
(4) Any unpermitted accessory structures may have their legal nonconforming setbacks maintained as part of an ADU conversion or addition, as long as it does not present a threat to public health and safety based on applicable building and fire codes as determined by the Building Official, or unlawfully violate previously recorded real property interests including but not limited to recorded easements and fee dedications.
(5) All exterior staircases or landings for an existing or new second-story ADU shall comply with the minimum four (4) foot setback along the rear and side yard property lines. In no event shall an exterior staircase be located in a front setback or majority of a staircase face a front yard area.

Attachment A
Zoning Text Amendment – PLN-25-00014
March 25, 2025 – Page

(d) Height.
(1) A detached ADU created on a lot with an existing or proposed single-family dwelling shall not exceed sixteen (16) feet in height.
(2) A detached ADU may be permitted to increase up to eighteen (18) feet in height when it is constructed on a lot with an existing or proposed single- family dwelling unit located within one-half mile walking distance of a major transit stop or a high-quality transit corridor as defined in Section 9120 of Article IX, and in compliance with Section 21155 of the California State Public Resources Code. The ADU may be permitted to increase an additional two (2) feet in height (maximum height of twenty (20) feet total) to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(3) An ADU that is attached to the primary dwelling shall 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 section 9414.08 shall not exceed two-stories. (4) All attic spaces and loft areas within an ADU that exceed five (5) feet in height, as measured from attic ceiling to rafter/floor joist, shall be considered livable area and shall be counted towards the total allowable floor area ratio.
§ 9414.10 GENERAL STANDARDS FOR ACCESSORY DWELLING UNITS IN LOTS DEVELOPED WITH A MULTI-FAMILY DWELLING.

However, the number of ADUs shall not exceed the number of existing units on the lot.
(i) Detached structures may be converted into ADUs and shall be counted towards total allowed under Section 9414.08(a)(1). (2) On a lot with a proposed multifamily dwelling, not more than two detached ADUs may be permitted, as either attached or detached from each other,

Attachment A
Zoning Text Amendment – PLN-25-00014
March 25, 2025 – Page

but shall be detached from the proposed primary multi-family dwelling structure(s).
(3) Up to 25% of the existing number of units developed as part of the multi- family dwelling within the multi-family structure, but at least one (1) ADU, can be converted from existing attached or detached areas that are not used as livable areas. These areas shall include, but are not limited to, storage rooms, boiler rooms, passageways, attics, basements, common areas, garages, or detached accessory structures. ADUs shall comply with building code standards for dwellings.
(b) Square Footage.
(1) The maximum floor area of a detached or attached ADU for a studio or one- bedroom unit is 850 square feet and 1,000 square feet for an ADU with two or more bedrooms.
(2) All new detached ADUs and additions to existing and permitted ADUs of up to 800 square feet are exempt from meeting Floor Area Ratio (FAR), Lot Coverage, and Open Space requirements as provided in the underlying zone.
(3) Applicability of percent-based development standards in Section 9414.10(b), such as FAR, lot coverage, front setback, or open-space requirement shall prevent an ADU to be less than 800 square feet. (4) Proposed patio covers or similar covered structures shall not be counted towards the allowable square footage for an ADU of any size, but shall be counted towards the total lot coverage of the property. (i) Covered front porch entries shall be allowed a maximum area of 50 square feet, and shall not counted towards the allowable ADU square footage, but shall be counted towards the total lot coverage of the property.
(ii) Balconies or decks located on the second floor of an ADU shall not be permitted.
(5) ADUs converted from permitted, attached or detached existing spaces are exempt from maximum ADU sizes. The structures may not be expanded. (c) Setbacks.
(1) Side and Rear Setbacks. Any newly constructed ADUs shall have a minimum setback of four (4) feet to the rear and side yard property line, including ADUs built above an existing structure.

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(2) Front Setback. Any new ADU cannot be located within the front setback area regulated by the underlying zone. Notwithstanding the foregoing, the following exemptions shall apply:
(i) An ADU that complies with all other applicable development standards may be built within the front yard setback if it is otherwise deemed to be physically infeasible to construct an 800 square foot ADU on other areas of the lot outside of the front setback after review by the City. The applicant shall submit architectural plans and shall provide exhibits demonstrating that the construction of an 800 square foot ADU outside of the front setback is physically infeasible. If deemed physically infeasible, an ADU of 800 square feet that complies with all other applicable development standards shall be allowed to encroach into the front yard setback on the lot, but in no case encroach into the driveway for on-site parking or garage access.
(A) Infeasible shall mean that the area of the lot, minus the existing structures, front setback, side setback, rear
setback, easements, pool, and required driveway, does not provide sufficient space to accommodate a continuous 800 square foot area.

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(3) A detached ADU may be permitted up to eighteen (18) feet in height if it is constructed on a lot with an existing or proposed multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor as defined in Section 9120 of Article IX, and in compliance with Section 21155 of the California State Public Resources Code. The ADU may be permitted to increase an additional two (2) feet in height (maximum height of twenty (20) feet total) to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(4) All attic spaces and loft areas within an ADU that exceed five (5) feet in height, as measured from attic ceiling to rafter/floor joist, shall be considered livable area and shall be counted towards the total allowable floor area ratio.
§ 9414.12 DESIGN STANDARDS.

The following design standards shall be applicable to all ADUs and JADUs to preserve an existing property's architectural features on a single-family or multi-family dwelling lot (a) The unit shall have an independent exterior entrance, separate from that of the primary dwelling as required by state and local law.
(b) Primary entrances shall have a covered front entrance that is consistent or architecturally compatible with the primary dwelling.
(c) A front entrance shall be oriented toward the street for all new construction and conversions of existing space with the exception to the following:
(1) ADUs and JADUs located at the rear of the property and attached to a primary dwelling in a manner that makes it physically infeasible to place a front entrance oriented towards the street.
(2) ADUs and JADUs located on the second floor of an existing primary dwelling.
(3) ADUs and JADUs not visible from the public right of way. (d) In no event shall any dwelling unit have its front entrance oriented toward the rear of the property or face a public alley.
(e) The architectural design of an ADU shall match the materials and colors of the exterior walls, roof, windows, and doors of those of the primary dwelling.

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(f) The roof slope shall 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, with the exception of the following:
(1) ADUs and JADUs converted from existing spaces that have not been demolished and replaced in the same location.
(g) The entrance of a second-story ADU shall be oriented away from the rear property line. All windows and exterior glass doors in a second-story ADU shall be obscured or frosted glass.
(h) All ADUs larger than 500 square feet shall be fitted with washer and dryer connections.
(i) No more than one kitchen shall be permitted within a single-family dwelling, an ADU, or a JADU.
(j) Front entries of ADUs shall be fitted with downward porch lighting. All lighting shall be limited to down lighting or as otherwise required by the Building or Fire Code. (k) ADUs and JADUs created pursuant to Government Code Section 66323 are not subject to lot coverage, front setbacks, and design standards but must comply with building code and health and safety requirements for dwellings. § 9414.14 SUPPLEMENTAL STANDARDS.

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(iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is a 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 multi-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Section 9414.14(a)(1)
(2) JADUs shall not require additional parking when converted from an existing attached garage.
(3) Proposed primary dwellings shall not be exempt from parking requirements, and shall be provided pursuant to Section 9708. (b) 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. (3) For the purposes of fire or life safety regulations, a JADU shall not be considered a separate or new dwelling unit.
(c) Rental Term. No ADU may be rented for a term that is shorter than thirty (30) days. This prohibition applies regardless of when the ADU was constructed. (d) No Separate Conveyance. Except as required by Government Code Section 66341, ADUs may not be sold or separately conveyed.
(e) Septic System. If the ADU or JADU will connect to an onsite wastewater- treatment system, the owner shall include with the application a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.
(f) Deed Restriction. Prior to final inspection of a building permit for an JADU, a deed restriction shall be recorded against the title of the property in the Los Angeles County Recorder’s office and a copy filed with the Community Development Department. The form of the deed restriction will be provided by the City and must provide that:

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(1) Except as otherwise provided in Government Code Section 66341, JADU may not be sold separately from the primary dwelling.
(2) A JADU requires owner-occupancy within one (1) of the units on the property of a natural person with legal or equitable title to the property as the person’s legal domicile and permanent residence. Owner-Occupancy shall not be required if the owner is another government agency, land trust, or housing organization
(3) The JADU is restricted to a maximum of 500 square feet and all attributes and restrictions of the JADU must comply at all times with the City’s accessory dwelling unit ordinance.
(4) The deed restriction runs with the land and may be enforced against future property owners.
(5) The deed restriction may be removed if the owner eliminates the 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 Community Development Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. If denied, an appeal may be requested if consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements shall otherwise comply with applicable provisions of this Code.
(6) The deed restriction is enforceable by the Community Development Director or their 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 JADU in violation of the recorded restrictions or abatement of the illegal unit.
(g) Building & Safety
(1) Compliance with Building Code. Subject to subsection (2) below, all ADUs and JADUs shall 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 makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public

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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. (3) Address Request. All ADUs and JADUs shall require a separate address.

The Building & Safety Division will assign an address for the ADU through an Address Assignment Application. All addresses shall comply with the California Fire Code's minimum standards and be placed on the primary dwelling, visible from the street, and the ADU structure. § 9414.16 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 shall be acted on within sixty (60) days from the date that the City receives a completed application. If the City has not approved or denied the completed application within sixty (60) days, the application is deemed approved unless either:
(1) The applicant requests a delay, in which case the sixty (60) daytime period is tolled for the period of the requested delay, or
(2) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family 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 multi-family 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 shall provide the applicant with comments that include 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 shall be provided to the applicant within the sixty (60) day time period established by subsection 9414.16. (d) A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed concurrently with the application for the proposed ADU and demolition and construction permits shall be issued at the same time. § 9414.18 FEES.
(a) Impact Fees

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(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 ADU to the square footage of the primary dwelling unit. (b) Utility Fees
(1) If an ADU is constructed with a new single-family home, separate utility connections between the ADU and the utility, and payment of the normal connection fee and capacity charge for a new dwelling are required. (2) Converted ADUs and JADUs or ADUs allowed under Government Code Section 66323, 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) All new detached ADUs require a separate utility connection directly between the ADU and the utility. Should the City be the utility provider a separate utility connection may not be required.

The utility 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.

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(2) The ADU does not comply with the state ADU law (Government Code Section 66314 to 66332) or this ordinance as provided in Section 9414. (c) Exceptions: Notwithstanding subsection 9414.20, the City may deny a permit to legalize an existing unpermitted ADU or JADU that was constructed before January 1, 2020:
(1) If the City makes a finding that correcting a violation is necessary to comply with the standards or if deemed to be substandard as specified in the California Health and Safety Code section 17920.3 SECTION 12. 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 13. 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 City Council 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 14. 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 25th day of March, 2025.

_____________
HECTOR SOSA, Mayor

ATTEST:

MARIA ALICIA DUARTE, CMC
City Clerk

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APPROVED AS TO FORM:

JOHN M. FUNK
City Attorney

I HEREBY CERTIFY that the foregoing Ordinance No. 25-____ was introduced at a Regular Meeting of the City Council of the City of Downey held on the 25th day of March, 2025, and adopted at a regular meeting of the City Council of the City of Downey held on the day of _________________, 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. ____, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on _ (after introduction), and on ____ (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

Summary of Senate and Assembly Bills regulating all ADU ‘s AB 2221 (2022)
This legislation establishes a clear time frame and review process for local agencies when approving ADU projects. A local agency must return comments on an ADU project proposal within a 60-day review period. Additionally, a local agency cannot impose restrictive requirements—such as lot coverage, floor area ratio, open space, front setback, and minimum lot size—if those requirements prevent the creation of an ADU of at least 800 square feet. AB 2221 also clarifies that the development of ADUs is allowed within proposed multi-family projects, in contrast to previous legislation, which only allowed ADUs within existing multi-family buildings. A city may establish a maximum ADU size when adopting an ordinance.

SB 897 (2022)
Previous state law allowed for a maximum ADU height of 16 feet, while the new law permits an increase in height to 20 feet for a detached structure if it is within ½ mile of a “high transit area,” as defined in the legislation. Attached accessory dwelling units would be allowed a maximum height equal to what is allowed in the zone or 25 feet, whichever is less, but no more than two stories. Additionally, an ADU cannot be denied due to any non-conforming status a property may have.

AB 976 (2023)
This bill amends AB 881, which would have allowed local agencies to require owner- occupancy for any ADU unit starting January 1, 2025. The new bill removes that sunset date, thereby prohibiting cities from requiring owner-occupancy.

AB 1033 (2023)
This bill authorizes a local agency to adopt an ordinance allowing the separate conveyance of the primary dwelling and ADU as condominiums, under certain provisions. The City will not be adopting such an ordinance to allow separate conveyance.

AB 1332 (2023)
This bill requires all local agencies, by January 1, 2025, to develop a program for the pre-approval of accessory dwelling unit plans. This will allow property owners to choose from a variety of pre-approved plans for their property, streamlining the process of approving and issuing permits for ADU construction. The City has established a program with the Building & Safety Division, enabling designers to submit their pre- approved plans to be included in this program. At the time of this report, staff has received one application from a designer to participate in the pre-approved ADU program.

Attachment B

AB 434 (2023)
State legislation gives enforcement authority to HCD, allowing the state agency to notify a local agency and the office of the Attorney General about any violations related to housing development, including ADU development.

SB 477 (2024)
This bill aims to make the law governing ADUs and JADUs easier to read and navigate by consolidating numerous Government Code sections into a new chapter. Within that chapter, key regulations are divided into smaller sections by topic area.

AB 2533 (2024)
This bill removes the ability for the City to deny a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, unless the local agency determines that correcting the violation is necessary to comply with conditions that would otherwise render the building non-compliant with the standards specified in Section 17920.3 of the Health and Safety Code. Before submitting an application for the unpermitted ADU, the property owner may hire a licensed contractor to assess the unit’s existing condition or potential building improvements.

SB 1211 (2024)
This bill will allow multi-family properties to permit up to eight (8) ADUs, depending on the existing number of multifamily units on the site. The law also prohibits local agencies from requiring the replacement of surface parking spaces when existing parking is removed to construct an ADU. Lastly, the legislation prevents local agencies from imposing objective development or design standards on ADUs that meet certain criteria.

Attachment B

State of California

GOVERNMENT CODE
ARTICLE 1. General Provisions [66310 - 66313]
( Article 1 added by Stats. 2024, Ch. 7, Sec. 20. )
66310.

The Legislature finds and declares all of the following:
(a)Accessory dwelling units are a valuable form of housing in California. (b)Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. (c)Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(d)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(e)California faces a severe housing crisis.
(f)The state is falling far short of meeting current and future housing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners. (g)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (h)Accessory dwelling units are, therefore, an essential component of California’s housing supply. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66311.

It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66312.

Notwithstanding Section 65803, this chapter shall also apply to a charter city. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66313.

For purposes of this chapter:
(a)“Accessory dwelling unit” means 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. It shall include permanent provisions for living, sleeping, eating, cooking, and Attachment C

sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(1) An efficiency unit.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (b) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(c) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (d) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (e) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
(f) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(g) “Local agency” means a city, county, or city and county, whether general law or chartered. (h) “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.
(i) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
(j) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(k) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (l) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(m) “Public transit” means 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.
(n) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(Amended by Stats. 2024, Ch. 296, Sec. 1. (SB 1211) Effective January 1, 2025.) ARTICLE 2. Accessory Dwelling Unit Approvals [66314 - 66332] ( Article 2 added by Stats. 2024, Ch. 7, Sec. 20. )

66314.

A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(a) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide Attachment C

water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
(b) (1) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (2) Notwithstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (c) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (d) Require the accessory dwelling units to comply with all of the following:
(1) Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separate from the primary residence.
(2) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(3) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. (4) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (5) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (6) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(7) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(8) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was Attachment C

unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this article.
(9) Approval by the local health officer where a private sewage disposal system is being used, if required.
(10) (A) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(B) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
(C) This subparagraph shall not apply to an accessory dwelling unit that is described in Section 66322.
(11) When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (12) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (e) Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(f) An accessory dwelling unit ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
(Amended by Stats. 2024, Ch. 296, Sec. 2. (SB 1211) Effective January 1, 2025.) 66315.

Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner- occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66316.

Attachment C

An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this article. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66317.
(a)A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this section, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (b)If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c)No local ordinance, policy, or regulation, other than an accessory dwelling unit ordinance consistent with this article shall be the basis for the delay or denial of a building permit or a use permit under this section.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66318.
(a)A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this article. (b)An accessory dwelling unit ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) Attachment C

66319.

An accessory dwelling unit that conforms to Section 66314 shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66320.
(a)When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with Section 66314 receives an application for a permit to create or serve an accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to Section 66317. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. (b)If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66321.
(a)Subject to subdivision (b), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency shall not establish by ordinance any of the following:
(1)A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(2)A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(A)Eight hundred fifty square feet.

Attachment C

(B) One thousand square feet for an accessory dwelling unit that provides more than one bedroom.
(3) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(4) Any height limitation that does not allow at least the following, as applicable:
(A) 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.
(B) 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 one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also 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.
(C) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(D) 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 subparagraph shall not require a local agency to allow an accessory dwelling unit to exceed two stories.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66322.

Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with Section 66314, all of the following shall apply:
(a) A local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(1) Where the accessory dwelling unit is located within one-half of one mile walking distance of public transit.
(2) Where the accessory dwelling unit is located within an architecturally and historically significant historic district.
(3) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.

Attachment C

(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit. (6) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision. (b) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the 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.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66323.

(a) Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (B) The space has exterior access from the proposed or existing single-family dwelling. (C) The side and rear setbacks are sufficient for fire and safety. (D) The junior accessory dwelling unit complies with the requirements of Article 3 (commencing with Section 66333).
(2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (1). A local agency may impose the following conditions on the accessory dwelling unit:
(A) A total floor area limitation of not more than 800 square feet. (B) A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable.
(3) (A) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, Attachment C

passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (4) (A) (i) Multiple accessory dwelling units, not to exceed the number specified in clause (ii) or (iii), as applicable, that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet.
(ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot. (iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.
(B) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph.
(b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).
(c) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(d) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling. (e) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than 30 days.
(f) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (g) Notwithstanding Section 66321 and subdivision (a) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in subdivision (a), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(Amended by Stats. 2024, Ch. 296, Sec. 3. (SB 1211) Effective January 1, 2025.) 66324.

Attachment C

(a) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (b) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(c) (1) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(2) For purposes of this subdivision, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(d) For an accessory dwelling unit described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single- family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342. (e) For an accessory dwelling unit that is not described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system.

This fee or charge shall not exceed the reasonable cost of providing this service. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66325.

(a) Except as provided in subdivision (b), this article shall supersede a conflicting local ordinance. (b) This article does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66326.

(a) A local agency shall submit a copy of the ordinance adopted pursuant to Section 66314 to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this article.
(b) (1) If the department finds that the local agency’s ordinance does not comply with this article, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this article.

Attachment C

(2) The local agency shall consider the findings made by the department pursuant to paragraph (1) and shall do one of the following:
(A) Amend the ordinance to comply with this article.
(B) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this article despite the findings of the department. (c) (1) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this article and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (2) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this article between January 1, 2017, and January 1, 2020.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66327.

The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this article. The guidelines adopted pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66328.

A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66329.

Nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66330.

Attachment C

A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66331.

In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in subdivision (a) or (b), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(a) The accessory dwelling unit was built before January 1, 2020. (b) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66332.

(a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit or unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following:
(1) The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
(2) The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units.
(b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit or junior accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code.
(c) This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
(d) A local agency shall inform the public about the provisions of this section through public information resources, including permit checklists and the local agency’s internet website, which shall include both of the following:
(1) A checklist of the conditions specified in Section 17920.3 of the Health and Safety Code that would deem a building substandard.
(2) Informing homeowners that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit.

Attachment C

(e) A homeowner applying for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324.
(f) Subject to subdivision (c), upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards. (Amended by Stats. 2024, Ch. 834, Sec. 1. (AB 2533) Effective January 1, 2025.) ARTICLE 3. Junior Accessory Dwelling Units [66333 - 66339] ( Article 3 added by Stats. 2024, Ch. 7, Sec. 20. )

66333.

Notwithstanding Article 2 (commencing with Section 66314), a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(a) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. (b) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (c) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(1) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single- family residence, including a statement that the deed restriction may be enforced against future purchasers.
(2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this article.
(d) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this subdivision, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.
(e) (1) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (2) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

Attachment C

(f) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(1) A cooking facility with appliances.
(2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66334.

(a) A junior accessory dwelling unit ordinance adopted pursuant to Section 66333 shall not require additional parking as a condition to grant a permit.
(b) This article shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66335.

(a) (1) An application for a permit pursuant to this article shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. (2) The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. (3) If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. (4) If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. (b) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this article.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66336.

Attachment C

A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this article due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66337.
(a)For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (b)This article shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66338.
(a)For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (b)This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single- family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66339.

If a local agency has not adopted a local ordinance pursuant to this article, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in paragraph (1) of subdivision (a) of Section 66323 and the requirements of this article.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) ARTICLE 4. Accessory Dwelling Unit Sales [66340 - 66342] ( Article 4 added by Stats. 2024, Ch. 7, Sec. 20. )
66340.

For purposes of this article:
(a)“Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.

Attachment C

(b) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66341.

A local agency shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
(a) The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
(b) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. (c) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(1) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies. (2) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
(3) A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(4) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low- income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(5) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
(A) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
(B) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
(C) Procedures for dispute resolution among the parties before resorting to legal action.

Attachment C

(d)A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
(e)Notwithstanding Section 66324, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (f)Nothing in this section limits the ability of an accessory dwelling unit to be sold or otherwise conveyed separate from the primary residence as a condominium pursuant to an ordinance adopted under Section 66342.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66342.

In addition to the requirement that a local agency allow the separate sale or conveyance of an accessory dwelling unit pursuant to Section 66341, a local agency may also adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums.

Any such ordinance shall include all of the following requirements:
(a)The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). (b)The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of a local subdivision ordinance.
(c)Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.
(d)(1) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder’s consent. The following shall apply to the consent of a lienholder:
(A)A lienholder may refuse to give consent.
(B)A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.
(2)Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows:
“(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.”
(3)The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
(A)The lienholder’s signature.
(B)The name of the record owner or ground lessee.

Attachment C

(C) The legal description of the real property.
(D) The identities of all parties with an interest in the real property as reflected in the real property records.
(E) The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located.
(e) The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder.

Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
(a) Paying off your current lender.

You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.
(b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels. (c) Securing your lender’s consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.”
(f) If an accessory dwelling unit is established as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.
(g) (1) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association.
(2) For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association.

Attachment C

(h)An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this paragraph or pursuant to this article. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) Attachment C

STAFF REPORT

PLANNING DIVISION
DATE: FEBRUARY 19, 2025
TO: PLANNING COMMISSION
SUBMITTED BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: ALFONSO HERNANDEZ, PRINCIPAL PLANNER
PREPARED BY: ABRAHAM LUNA, SENIOR PLANNER
SUBJECT: PLN-25-00015 - ZONE TEXT AMENDMENT TO AMEND ARTICLE IX OF

THE DOWNEY MUNICIPAL CODE REGULATING ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

DEVELOPMENTS IN ALL RESIDENTIAL ZONES

LOCATION/
ZONING: CITYWIDE – RESIDENTIAL ZONES

REPORT SUMMARY
The City of Downey currently regulates Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) within Section 9414 of the Downey Municipal Code (DMC). The City first introduced an ordinance in 2018 (Ordinance No. 18-1394) and later an amendment in 2023 (Ordinance No. 23-1507). After adoption, the California Department of Housing and Community Development (HCD) met with staff to discuss the ordinance and highlighted certain sections of the ordinance that needed modification. In addition, since 2022, multiple Assembly and Senate Bills have been passed further amending the State regulations for Accessory Dwelling Units. The new ordinance addresses the comments from HCD and implements new state laws. The proposed ordinance also introduces the use of objective design and development standards to align with the State’s requirement that jurisdictions eliminate the use of discretional design review criteria. In order for a local jurisdiction to maintain local discretion and authority of ADUs and JADUs, a local ordinance must be adopted that complies with state law and establishes City- specific standards for development standards that are not addressed by State law.

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 AMENDING SECTION 9414 AND 9706 OF ARTICLE IX OF THE

DOWNEY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS AND SECTIONS WITHIN CHAPTER 1 OF ARTICLE IX CONTAINING DEFINITIONS
Attachment D
Attachment D

Zone Text Amendment (Accessory Dwelling Units) - PLN-25-00015 February 19, 2025 - Page 2

BACKGROUND
In 2016, State Legislature passed Senate Bill (SB) 1069 and Assembly Bill (AB) 2299 to lift regulations that may otherwise limit ADU size, location, and construction in certain zones. These were the first bills to reduce barriers and streamline the approval process to expand to capacity of ADU development. The State has identified these units as an essential strategy to increase housing production and housing supply. Throughout the years, California Legislation has aimed to continuously amend state law to aid the creation of ADUs. Six (6) additional bills were passed in 2019 as part of an ADU housing package: AB 68, AB 587, AB 670, AB 671 and AB 881 and SB 13. Two (2) additional bills were passed in 2022: AB 2221 and SB 897. In 2023, four (4) bills were added, AB 976, AB 1033, AB 1332, and AB 434. Last in 2024, three (3) bills were introduced to be effective on January 1, 2025: SB 477, AB 2533 and SB 1211. A total of seventeen (17) laws, since 2016, have been introduced that regulate all ADU development in the state of California.

Since its most recent City adoption, HCD has met with the City to discuss Ordinance No. 23-1507 and identify critical sections that were interpreted as not in compliance with State law. Those sections identified were considered null in void and could not be enforced by local ordinance.

Other sections that were in compliance remained enforceable by the City.

DISCUSSION
ADU requirements are mandated by State law with the first legislation passed in 2016, and multiple variations passed in the years after up until the recent 2024 legislative updates. Cities and jurisdictions may adopt ordinances to address items where the legislation allows for independent discretion. The City adopted ordinances in 2018 and 2023. Since the adoption of the City’s 2023 ADU ordinance, the 2024 legislative updates and review by HCD has rendered portions of the ordinance null and void. Below are summaries of all active California Legislation pertaining to ADUs starting from 2022. The summaries will also clarify prescribed mandates outlined in the legislation and items in which the City has discretion via the adoption of a local ordinance.

AB 2221 (2022)
The legislation established a clear time frame and review process for the local agency in approving ADU projects. The local agency must return comments on an ADU project proposal within a 60-day review period. In addition, a local agency cannot place restrictive requirements such as lot coverage, floor area ratio, open space, front setback, and minimum lot size to the extent that it does not allow the creation of an ADU of at least 800 square feet, AB 2221 also clarifies the development of ADU’s is allowed within proposed multi-family projects, as opposed to previous legislation which only allowed ADU’s within existing multi-family buildings. A city may establish a maximum ADU size.

SB 897 (2022)
Previous state law allowed for the maximum height of an ADU to be 16 feet, while new law allows an increase in height to 20 feet on a detached structure if within ½ mile of a “high transit area”, as defined in the legislation. Attached accessory dwelling units would be allowed a maximum height equal to what is allowed in the zone or 25 feet, but no more than two stories height, whichever is less. In addition, an ADU cannot be denied for any non-conforming status a property may have.

Attachment D
Attachment D

Zone Text Amendment (Accessory Dwelling Units) - PLN-25-00015 February 19, 2025 - Page 3
AB 976 (2023)

The bill amends AB 881 which would have allowed local agencies to require owner-occupancy for any ADU unit starting January 1, 2025. The new bill removes that sunset date, prohibiting a City from requiring owner-occupancy.

AB 1033 (2023)

Authorizes a local agency to adopt an ordinance allowing the separate conveyance of the primary dwelling and ADU as condominiums under certain provisions. The City will not be adopting an ordinance to allow separate conveyance.

AB 1332 (2023)

This bill requires all local agencies, by January 1, 2025 to develop a program for the preapproval of accessory dwelling units plan. This will ultimately allow property owners to select from a variety of preapproved plans and apply it to their property. This would effectively streamline the process of approving and issuing permits for ADU construction. The City has established a program with the Building & Safety Division to allow designers to submit their preapproved plan to be part of this program. At the time of this report, staff has received one application from a designer to be part of the preapproved ADU program.

AB 434 (2023)

State legislation gives enforcement efforts to HCD effectively allowing the state agency to notify a local agency, and the office of the Attorney General, of any action in violation with housing development which include ADU development.

SB 477 (2024)

The bills purpose is to make law governing ADUs and JADUs easier to read and navigate by effectively placing numerous Government Code sections into a new chapter, and, within that chapter, key regulations are divided into smaller sections by topic area.

AB 2533 (2024)

Removes the ability for the City to deny a permit for an unpermitted ADU or JADU that was constructed before January 1, 2020, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building to violate the standards specified in Section 17920.3 of the Health and Safety Code. Before submitting an application for the unpermitted ADU, the property owner may hire a licensed contractor to determine the unit’s existing condition or potential building improvements before submitting an application.

SB 1211 (2024)

This bill will effectively allow multi-family properties to permit up to eight (8) ADUs, depending on the existing number of multifamily units on the site. The law also prohibits the local agency from requiring the replacement of surface parking spaces when existing parking is removed for the construction of an ADU. Lastly, the legislation prevents local agencies from imposing objective development or design standards on ADUs that meet certain criteria.

Attachment D
Attachment D

Zone Text Amendment (Accessory Dwelling Units) - PLN-25-00015 February 19, 2025 - Page 4
HCD Comments

Following the adoption of the ordinance in 2023 (Ordinance No. 23-1507), HCD met with Planning Division staff and discussed certain provisions within the ordinance. A summary of the comments from HCD is found below. Since the adoption of the last ordinance, staff has continued to apply the portions of the ADU ordinance that are consistent with state law, and based on feedback from HCD, staff has applied State law provisions.

2023 Ordinance HCD Comment Resolved in Proposed
Ordinance (Yes/No)
Current ordinance prohibits
a combination of:
• converted ADU,
• new detached ADU,
and
• JADU
On the same lot.
• City must revise the
ordinance to allow the
combination of accessory
dwelling units on the
same lot.

Yes

JADU allowed in both
single-family & multi-family
lots
JADU only allowed in single-
family
Yes
Height measured from
existing legal grade to peak
of the structure
City must measure height of ADU
in the same manner as other
Residential units.

Yes
Deed Restrictions
applicable to all
ADUs/JADUs
Deed restrictions are only
applicable to JADU for owner-
occupancy
Yes
Rent reporting is required
for all ADUs
Rent reporting cannot be required
for ADU, unless also required for
all other rental units in the City.

Yes
All ADUs shall meet City
specific development &
design standards such as:
• Lot Coverage
• Floor Area Ratio
• Front Setbacks
City Specific standards may not
prevent an applicant from
developing an ADU of at least
800 SF
Yes
ADU entrances on the
second story must be
oriented away from adjacent
residential properties.

ADU entrance requirements can
be a hindrance to ADU
development
Yes
Washer and Dryer
connections are required for
all ADUs
Washer and Dryer requirements
can be a hindrance to ADU
development in creating an
efficiency unit
Yes

The proposed ordinance has been updated to be consistent with state laws, provides clarifying language to facilitate the use of the ordinance by staff and the public, and corrects typographical errors.

Attachment D
Attachment D

Zone Text Amendment (Accessory Dwelling Units) - PLN-25-00015 February 19, 2025 - Page 5
In conjunction with the proposed ordinance, staff is preparing educational handouts that address the frequently asked questions at the counter, phone and via email.

Specific Development Standards to the City of Downey

In addition to the State mandates, the City also proposes objective development and design standards in areas where the State legislation allows discretion. As ADU production increases yearly, it is important for the City to encourage and apply development standards when possible to maintain the character of each neighborhood throughout the City. However, in order to streamline and reduce barriers for ADU development, the state mandates local agencies to allow ADU that meet certain standards pursuant to AB 2221. These types of “statewide exempt ADUs” do not have to meet City specific development and design standards such as lot coverage, floor area ratio, front setbacks and architectural standards. These “statewide except ADUs” are units that can be converted from existing space or new constructed units of 800 square feet, or less, that provide a minimum four (4) foot setback.

For ADUs that are larger than 800 square feet, the City may adopt development and design standards and limit the ADU size to 1,000 square feet. All standards shall be written to have a measurable outcome where both an applicant and City Staff can have the same verifiable understanding. The proposed ADU ordinance would require ADUs above 800 square feet to comply with development standards related to lot coverage, floor area, front setbacks, and design standards applicable in the zone.

In addition, there are other development standards proposed in this ordinance that have been customized for the City of Downey for all ADUs that are greater than 800 square feet, to ensure that we achieve high quality design that reflects single family design characteristic.

• The unit shall have an independent exterior entrance, separate from that of the primary dwelling.
• Primary entrances shall have a covered front entrance that is consistent or architecturally compatible with the primary dwelling.
• A front entrance shall be oriented toward the street for all new construction and conversions of existing space with the exception to the following:
o ADUs and JADUs located at the rear of the property and attached to a primary dwelling in a manner that makes it physically infeasible to place a front entrance oriented towards the street.
o ADUs and JADUs located on the second floor of an existing primary dwelling. o ADUs and JADUs not visible from the public right of way. • In no event shall any dwelling unit have its front entrance oriented toward the rear of the property or face a public alley.
• The Architectural Design of an ADU shall match the materials and colors of the exterior walls, roof, windows, and doors of those of the primary dwelling. • The roof slope shall 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, with the exception of the following:
o ADUs and JADUs converted from existing spaces that have not been demolished and replaced in the same location.
• The entrance of a second-story ADU shall be oriented away from the rear property line.

All windows and exterior glass doors in a second-story ADU shall be obscured or frosted glass.

Attachment D
Attachment D

Zone Text Amendment (Accessory Dwelling Units) - PLN-25-00015 February 19, 2025 - Page 6
• All ADUs larger than 500 square feet shall be fitted with washer and dryer connections. • No more than one kitchen shall be permitted within a single-family dwelling, an ADU, or a JADU.
o Front entries of ADUs shall be fitted with downward porch lighting. All lighting shall be limited to down lighting or as otherwise required by the Building or Fire Code.

Housing Element Consistency

The proposed ordinance is consistent with Program 1.4. which states the City will adopt an ADU ordinance that reflects current state law, including permit streamlining processes and fee assessment. As part of the program, the City would facilitate in creating a process to bring unpermitted ADUs up to code, create a one-stop webpage on the City’s webpage, implement a program for pre-approved ADU plans, and encourage ADU development opportunities through other City publications.

After the adoption of this ordinance, the City is ready to implement a one-stop webpage for ADUs with educational handouts for ADU development that includes all of the above information. In addition, the Building Division in the Community Development Department has implemented a process to add preapproved ADU plans on the City website for designers wishing to be part of the program.

ADU Production

Since the state law allowance of ADUs, there has been a yearly increase of ADUs in the City.

Such increases are due to the non-restrictive barriers and streamlined process required by the State. Below is a look at the number of ADU permits issued from 2018-2024.

ADU Application Issued
2018 2019 2020 2021 2022 2023 2024
3 16 53 117 154 142 151

ENVIRONMENTAL ANALYSIS

Staff has reviewed the proposed Zone Text Amendment for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff has 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 comply with the amended Government Code Sections 66310 through 66342, and Section 17980.12 of the Health and Safety Code, relating to land use.

PUBLIC NOTICE & CORRESPONDENCE

On February 6, 2025, the notice of the pending public hearing before the Planning Commission was published in the Downey Patriot as a 1/8th ad.

As of the date that this report was published, staff has received no correspondence in response to the public hearing notice.

Attachment D
Attachment D

Zone Text Amendment (Accessory Dwelling Units) - PLN-25-00015 February 19, 2025 - Page 7

CONCLUSION

Based on the analysis contained in this report, staff concludes that both findings required to approve the amendment can be made in a positive manner. As such, staff recommends that the Planning Commission recommend to the City Council that they approve the Zone Text Amendment, thereby amending the Zoning Code with regards to Accessory Dwelling Units (PLN- 25-00015).

Exhibits

A. Draft Resolution No. 25-4045
a. Attachment A – Draft Ordinance
B. Government Code Section 66310-66342
Attachment D
Attachment D

RESOLUTION NO. 25 - 4045

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

DOWNEY RECOMMENDING APPROVAL BY THE CITY COUNCIL OF AN
ORDINANCE AMENDING SECTION 9414 AND 9706 OF ARTICLE IX OF THE

DOWNEY MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS AND SECTIONS WITHIN CHAPTER 1 OF ARTICLE IX CONTAINING DEFINITIONS

THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Planning Commission of the City of Downey does hereby find, determine, and declare as follows:

A.The City of Downey, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California.

B.California law allows cities to provide by ordinance for the creation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs).

C.In recent years, the California Legislature approved, and the Governor signed into law, a number of bills that amended state law to impose new limits on local authority to regulate ADUs and JADUs.

D.The City desires to update its ADU and JADU regulations to conform to current state law.

E.On August 17, 2023, the California Department of Housing and Community Development (HCD) reviewed the City’s prior ADU ordinance and determined it to be noncompliant with certain provisions of state ADU law.

F.On February 6, 2025, a notice of the public hearing to consider an amended Accessory Dwelling Unit Ordinance was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code.

G.The Planning Commission held a duly noticed public hearing on February 19, 2025, where after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, it voted to recommend approval by the City Council of the amended Accessory Dwelling Unit Ordinance.

H.On _________, 2025, a notice of public hearing by the City Council was sent to all property owners and tenants affected, and the notice was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code.

I.The City Council held a duly noticed public hearing on _________, 2025, to consider the amended Accessory Dwelling Unit Ordinance, where all interested persons were given an opportunity to be heard.

SECTION 2. The Planning Commission has determined that this ordinance is statutorily Attachment E

Resolution No. 25-4045
Downey Planning Commission
Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 2
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 66310 through 66342
SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing regarding the amended Accessory Dwelling Unit Ordinance, and in accordance with Downey Municipal Code Section 9832.06, the Planning Commission further finds, determines, and declares that:

A.The requested amendment is necessary and desirable for the development of the community and is in the interest or furtherance of the public health, safety, and general welfare because the proposed Zoning Text Amendment, related to Accessory Dwelling Units, implements development standards for ADUs that are designed to facilitate construction that furthers the public health, safety and general welfare. Furthermore, the proposed amendments would bring the City’s zoning code into compliance with current state law consistent with General Plan Housing Element Program 1.4 which requires the adoption of an ADU ordinance that reflects current state law, and that also streamlines, facilitates and encourages ADU development.

B.The proposed amendment is in general conformance with the General Plan. The ordinance is consistent with the General Plan Housing Element Program 1.4, which is to adopt an Accessory Dwelling Unit ordinance that reflects current state law. Furthermore, Government Code Section 66319 provides that an ADU that conforms to state ADU law shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the respective lot. This ordinance implements state ADU law 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 approval by the City Council of this amended Accessory Dwelling Unit Ordinance, a copy of which is attached hereto as Attachment A.

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 3

SECTION 5. The Secretary shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of February 2025.

Mario Guerra, Chair,
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 19th day of February 2025, by the following vote, to wit:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

APPROVED AS TO FORM:

_______________________
John M. Funk
City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Ria Ioannidis, Recording Secretary, do hereby attest to and certify that the foregoing Resolution is the original resolution adopted by the Planning Commission of the City of Downey at a regular meeting held on February 19, 2025.

Ria Ioannidis
Recording Secretary

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 4

ATTACHMENT A

ORDINANCE NO. 25-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 9414 AND 9706 OF ARTICLE IX OF THE DOWNEY

MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS AND SECTIONS WITHIN CHAPTER 1 OF ARTICLE IX CONTAINING DEFINITIONS
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 approved, and the Governor signed into law, a number of bills that amended state law to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, the City desires to update its ADU and JADU regulations to conform to current state law; and
WHEREAS, on August 17, 2023, the California Department of Housing and Community Development (HCD) reviewed the City’s prior ADU ordinance and determined it to be noncompliant with certain provisions of state ADU law; and WHEREAS, on February 6, 2025, a notice of the public hearing to consider this amended Accessory Dwelling Unit Ordinance was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 19, 2025, where after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, it voted to recommend approval by the City Council of this Ordinance; and
WHEREAS, on _________, 2025, a notice of public hearing by the City Council was sent to all property owners and tenants affected, and the notice was published in the Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on _________, 2025, to consider this Ordinance, where all interested persons were given an opportunity to be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 5

SECTION 1. The recitals above are each incorporated by reference and adopted findings by the City Council.

SECTION 3. The City Council further finds and determines that:

SECTION 4. The following definition is hereby deleted from Section 9122 of Article IX of the Downey Municipal Code:

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. The following definitions are hereby added to Section 9122 of Article IX of the Downey Municipal Code, and shall read as follows:

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 6

include 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. An accessory dwelling unit also includes the following:
(a) An efficiency unit, as defined in Section 9414.04.
(b) A manufactured home, as defined by Section 18007 of the Health and Safety Code.

SECTION 6. The following definition is hereby added to Section 9136 of Article IX of the Downey Municipal Code, and shall read as follows:

High-Quality Transit Corridor: A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

SECTION 7. The following definition is hereby added to Section 9140 of Article IX of the Downey Municipal Code, and shall read as follows:

SECTION 8. The following definition is hereby added to Section 9146 of Article IX of the Downey Municipal Code, and shall read as follows:

SECTION 9. The following definition is hereby added to Section 9152 of Article IX of the Downey Municipal Code, and shall read as follows:

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 7

§ 9414 ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNITS DEVELOPMENT.

§ 9414.02 INTENT AND PURPOSE.

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 8

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 9

(a) Number of Units.
(1) A maximumtotal of two ADUs can be permittedbuilt on a single-family lot.

ADUs maycan be a combination of: (A) one (1) attached orand detached, new-construction ADU, and (B) ADU conversion resulting fromon a single- family lot. This includes the conversion of an existing habitable area or space not used as livable area.
(2) Not more than one (1) JADU may beis permitted on a single-family developed lot. The JADU must be converted from existing space of a single-family dwelling, subject to subsection 9414.08(2) below. Single-family lots having more than one primary dwellings canmay only be permittedhave one JADU per single-family lot.
(i) The size of a JADU is limited to maximum ofno more than 500 square feet.
(ii) An enclosed use within the residence, such as an attached garage, is considered to be existing space, a part of and contained within the single-family dwellingstructure.
(iii) A JADU shall have an independent exterior entrance separate from the main primary dwelling.
(iv) If the JADU does not include its own separate sanitation facilities, it shall share sanitation facilities with the primary dwelling through an interior door directly to a shared sanitation facilitiesrestroom in addition to an exterior entrance that is separate from the main entrance of the primary dwelling.
(v) A proposed single-family dwelling shall be constructed, inspected and has received and passed a final inspection for occupancy by the Building and Safety Division prior to a JADU being proposed as part of the dwelling.
(vi) A JADU shallIt includes an efficiency kitchen, as defined in Section 9414.04.
(vii) A JADU requires owner-occupancy within one (1) of the units on the property. A deed restriction in compliance with Section 9414.14(f) shall be required to be recorded in the Los Angeles County Recorder’s Office by the property owner prior to building permit final inspectionissuance.

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 10

(viii) For the purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.
(b) Square Footage.
(1) The maximum floor area of a detached or attached ADU for a studio or one- bedroom unit is 850 square feet and 1,000 square feet for a unit with two or more bedrooms.
(2) An attached ADU constructed on a lot with an existing primary dwelling is further limited to 800 square feet or 50 percent of the floor area of the existing primary dwelling, whichever is more but shall not exceed 1,000 square feet
(3) Newly constructed ADUs or additions to existing permitted ADUs are exempt from meeting Floor Area Ratio (FAR), Lot Coverage, and Open Space when the total floor area of the ADU is 800 square feet or less, including an addition to an ADU.
(4) An ADU of 800 square feet shall be permitted without the Aapplicability of development standards of the underlying zonein 9414.08(b), such as FAR, or lot coverage, might further limit the size of the ADU, but no applicability of the percent-based size limit due to FAR, front setback, lot coverage limit, front setbacks, or and open-space requirements. may require the ADU to be less than 800 square feet.
(5) ADUs of any size with pProposed patio covers or similar covered structures shall not be counted towards the allowable square footage for an ADU of any size, but shall be counted towards the total lot coverage of the property. (i) Covered front porch entries shall be allowed a maximum area of 50 square feet and shall not counted towards the allowable ADU square footage, but shall be counted towards the total lot coverage of the property.
(ii) Balconies or decks located on the second floor of an ADU shall not be permitted.
(6) ADUs converted from permitted, existing attached or detached existing spacessquare footage are exempt from maximum ADU sizes. The ADU conversionstructure may include an expansion of no more than 150 square feet beyond the same physical dimensions of the existing structure limited to accommodate ingress and egress.not be expanded unless as stipulated per Section 9414.06(c)(6).

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 11

(i) An ADU that is converted from existing space may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure and shall be limited to accommodate ingress and egress. Converted space with additions shall not qualify for this provision.
(c) Setbacks.
(1) Side and Rear Setbacks. Any new attached or detached ADUs or an additions to converted spaces for the purpose of an ADU shall have a minimum setback of four (4) feet to the rear and side yard property lines, including ADUs built above an existing or proposed structure. (2) Front Setbacks. Any new ADU or JADU cannot be located within the front setback area regulated by the underlying zone. Notwithstanding the foregoing, the following exemptions shall apply:
(i) An ADU that complies with all other applicable development standards may be built within the front yard setback if it is otherwise deemed to be physically infeasible to construct an 800 square foot ADU on other areas of the lot outside of the front setback after review by the City. The applicant shall submit architectural plans and shall provide exhibits demonstrating that the construction of an 800 square foot ADU outside of the front setback is physically infeasible. If deemed physically infeasible, an ADU of 800 square feet that complies with all other applicable development standards shall be allowed to encroach into the front yard setback on the lot, but in no case encroach into the driveway for on-site parking or garage access.
(A) Infeasible shall mean that the area of the lot, minus the existing structures, front setback, side setback, rear
setback, easements, pool, and required driveway, does not provide sufficient space to accommodate a continuous 800 square foot area.

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 12

(3) All conversions of permitted structures or a new structure constructed in the same location and to the same dimensions as an existing structure may be built at the existing setback, providing building code requirements are satisfied.
(4) Any unpermitted accessory structures may have their legal nonconforming setbacks maintained as part of an ADU conversion or addition, as long as it does not present a threat to public health and safety based on applicable building and fire codes as determined by the Building Official, or unlawfully violate previously recorded real property interests including but not limited to recorded easements and fee dedications.
(5) All exterior staircases or landings for an existing or new second-story ADU shall comply with the minimum four (4) foot setback along the rear and side yard property lines. In no event shall an exterior staircase be located in a front setback or majority of a staircase face a front yard area. (d) Height.
(1) A detached ADU created on a lot with an existing or proposed single-family dwelling shallmay not exceed sixteen (16) feet in height. (2) A detached ADU may be permitted to increase up to eighteen (18) feet in height when it is constructed on a lot with an existing or proposed single- family dwelling unit located within one-half mile walking distance of a major transit stop or a high-quality transit corridor as defined in Section 9120 of Article IX, and in compliance with Section 21155 of the California State Public Resources Code. The ADU may be permitted to increaseadd an additional two (2) feet in height (maximum height of twenty (20) feet total) to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(3) An ADU that is attached to the primary dwelling shallmay 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 section 9414.08 shallmay not exceed two-stories.
(4) All attic spaces and loft areas within an ADU that exceed five (5) feet in height, as measured from attic ceiling to rafter/floor joist, shall be considered livable area and shall be counted towards the total allowable floor area ratio.
§ 9414.10 GENERAL STANDARDS FOR ACCESSORY DWELLING UNITS IN LOTS DEVELOPED WITH A MULTI-FAMILY DWELLING.

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 13

Unless otherwise provided by state law or this Code, ADUs shall be allowed based on the type and number of units developed on a lot. For the purposes of ADUs, a lot developed with a structure that has two (2) or more units on one lot shall be deemed a multi-family dwelling lot.
(a) Number of Units.
(1) On a lot with an existing multifamily dwelling, not more thanUp to eight (8) ADUs may be permitted as either attached or detached from each other, but shall be detached from the existing or proposed primary multi-family dwelling structure(s). However, Tthe number of ADUs shall not exceed the number of existing units on the lot.
(i) Detached structures may be converted into ADUs and shall be counted towards total allowed under Section 9414.08(a)(1). (2) On a lot with a proposed multifamily dwelling, not more than two detached ADUs may be permitted, as either attached or detached from each other, but shall be detached from the proposed primary multi-family dwelling structure(s).
(3) Up to 25% of the existing number of units developed as part of the multi- family dwelling within the multi-family structure, but at least one (1) ADU, can be converted from existing attached or detached areas that are not used as livable areas. These areas shall include, but are not limited to, storage rooms, boiler rooms, passageways, attics, basements, common areas, garages, or detached accessory structures. ADUs shall comply with building code standards for dwellings.
(b) Square Footage.
(1) The maximum floor area of a detached or attached ADU for a studio or one- bedroom unit is 850 square feet and 1,000 square feet for an ADU unit with two or more bedrooms.
(2) All new detached ADUs and additions to existing and permitted ADUs of up to 800 square feet are exempt from meeting Floor Area Ratio (FAR), Lot Coverage, and Open Space requirements as provided in the underlying zone.
(3) Applicabilitytion of other percent-based development standards in Section 9414.10(b), such as FAR or, lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit due to FAR, front setback, lot coverage limit, or open-space requirement shallmay prevent anthe ADU to be less than 800 square feet.

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 14

(4) ADUs of any size with pProposed patio covers or similar covered structures shall not be counted towards the allowable square footage for an ADU of any size, but shall be counted towards the total lot coverage of the property. (i) Covered Ffront porch covered entries shall be allowed a maximum area of 50 square feet, and shall not counted towards the allowable ADU square footage, but shall be counted towards the total lot coverage of the property.
(ii) Balconies or decks located on the second floor of an ADU shall not be permitted.
(5) ADUs converted from permitted, existing attached or detached existing spaces square footage are exempt from maximum ADU sizes. The structures may not be expanded.
(c) Setbacks.
(1) Side and Rear Setbacks. Any newly constructed ADUs shall have a minimum setback of four (4) feet to the rear and side yard property line, including ADUs built above an existing structure.
(2) Front Setback. Any new ADU cannot be located within the front setback area regulated by the underlying zone. Notwithstanding the foregoing, the following exemptions shall apply:
(i) An ADU that complies with all other applicable development standards may be built within the front yard setback if it is otherwise deemed to be physically infeasible to construct an 800 square foot ADU on other areas of the lot outside of the front setback after review by the City. The applicant shall submit architectural plans and shall provide exhibits demonstrating that the construction of an 800 square foot ADU outside of the front setback is physically infeasible. If deemed physically infeasible, an ADU of 800 square feet that complies with all other applicable development standards shall be allowed to encroach into the front yard setback on the lot, but in no case encroach into the driveway for on-site parking or garage access.
(A) Infeasible shall mean that the area of the lot, minus the existing structures, front setback, side setback, rear
setback, easements, pool, and required driveway, does not provide sufficient space to accommodate a continuous 800 square foot area.

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 15

A letter or formal review from an applicable utility provider shall be submitted when utility standards further restrict the property’s ability to accommodate a continuous 800 square foot area.
(B) Inspections shall be conducted by City staff or designee to verify the condition of the property and consistency with application submittal.
(3) All conversions of permitted structures or a new structure constructed in the same location and to the same dimensions as an existing structure may be built at the existing setback, provided building code requirements are satisfied.
(d) Height.
(1) A detached ADU created on a lot with an existing or proposed multi-family dwelling shallmay not exceed sixteen (16) feet in height. (2) A detached ADU constructed on a lot with an existing or proposed multi- family dwelling that has more than one story above grade shall may not exceed eighteen (18) feet in height.
(3) A detached ADU may be permitted up to eighteen (18) feet in height if it is constructed on a lot with an existing or proposed multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor as defined in Section 9120 of Article IX, and in compliance with Section 21155 of the California State Public Resources Code. The ADU may add be permitted to increase an additional two (2) feet in height (maximum height of twenty (20) feet total) to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(4) All attic spaces and loft areas within an ADU that exceed five (5) feet in height, as measured from attic ceiling to rafter/floor joist, shall be considered livable area and shall be counted towards the total allowable floor area ratio.
§ 9414.12 DESIGN STANDARDS.

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 16

(b) Primary entrances shall have a covered front entrance that is consistent or architecturally compatible with the primary dwelling.
(c) A front entrance shall be oriented toward the street for all new construction and conversions of existing space with the exception to the following:
(1) ADUs and JADUs located at the rear of the property and attached to a primary dwelling in a manner that makes it physically infeasible to place a front entrance oriented towards the street.
(2) ADUs and JADUs located on the second floor of an existing primary dwelling.
(3) ADUs and JADUs not visible from the public right of way. (d) In no event shall any dwelling unit have its front entrance oriented toward the rear of the property or face a public alley.
(e) The Aarchitectural Ddesign of an ADU shall match the materials and colors of the exterior walls, roof, windows, and doors of those of the primary dwelling. (f) The roof slope shall match that of the dominant roof slope of the primary dwelling.

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 17

The following supplemental standards shall be applicable to all ADUs and JADUs developed on a single-family or multi-family dwelling lots. (a) Parking
(1) One (1) uncovered off-street parking space is required for each ADU. The parking space may be provided on the existing legal driveway in setback areas or as tandem parking. Exemptions from this requirement shall be as followsapply when:
(i) The ADU is located within one-half mile walking distance of public transit, as defined Section 9152.
(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.
(iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is a 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 multi-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Section 9414.14(a)(1)
(2) JADUs shall not require additional parking when converted from an existing attached garage.
(3) Proposed primary dwellings shall not be exempt from parking requirements, and shall be provided pursuant to Section 9708. (b) 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. (2)(3) For the purposes of fire or life safety regulations, a JADU shall not be considered a separate or new dwelling unit.

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 18

(c) Rental Term. No ADU may be rented for a term that is shorter than thirty (30) days. This prohibition applies regardless of when the ADU was constructed. (d) No Separate Conveyance. Except as required by Government Code Section 66341, ADUs may not be sold or separately conveyed.
(e) Historic Protection. An ADU that is on or within 600 feet of real property listed in the California Register of Historic Resources must not be visible from any public right-of-way.
(f)(e) Septic System. If the ADU or JADU will connect to an onsite wastewater- treatment system, the owner shall include with the application a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.
(g)(f) Deed Restriction. Prior to final inspectionissuance of a building permit for an JADU, a deed restriction shall be recorded against the title of the property in the Los Angeles County Recorder’s office and a copy filed with the Community Development Department. 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 66341, JADU may not be sold separately from the primary residencedwelling. (2) A JADU requires owner-occupancy within one (1) of the units on the property of a natural person with legal or equitable title to the property as the person’s legal domicile and permanent residence. Owner-Occupancy shall not be required if the owner is another government agency, land trust, or housing organization
(3) The JADU is restricted to a maximum of 500 square feet and all attributes and restrictions of the JADU must comply at all times with the City’s accessory dwelling unit ordinance.
(4) The deed restriction runs with the land and may be enforced against future property owners.
(5) The deed restriction may be removed if the owner eliminates the 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 Community Development Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. If denied, an appeal may be requested if consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 19

structure and improvements shall otherwise comply with applicable provisions of this Code.
(6) The deed restriction is enforceable by the Community Development Director or their 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 JADU in violation of the recorded restrictions or abatement of the illegal unit.
(h)(g) Building & Safety
(1) Compliance with Building Code. Subject to subsection (2) below, all ADUs and JADUs shall 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 Bbuilding Oofficial 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 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.
(3) Address Request. All ADUs and JADUs shall require a separate address.

The Building & Safety Division will assign an address for the ADU through an Address Assignment Application., at the applicant's request. All ADUs proposed with separate electrical meters shall require a separate address.

All addresses shall comply with the California Fire Code's minimum standards and be placed on the primary dwelling, visible from the street, and the ADU structure.
§ 9414.16 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 shall be acted on within sixty (60) days from the date that the City receives a completed application. If the City has not approved or denied the completed application within sixty (60) days, the application is deemed approved unless either:

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 20

(1) The applicant requests a delay, in which case the sixty (60) daytime period is tolled for the period of the requested delay, or
(2) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family 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 multi-family 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 shall provide the applicant with comments that include 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 shall be provided to the applicant within the sixty (60) day time period established by subsection 9414.16. (d) A demolition permit for a detached garage that is to be replaced with an ADU shall be is reviewed concurrently with the application for the proposed ADU and demolition and construction permits shall be issued at the same time. § 9414.18 FEES.
(a) 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 ADU to the square footage of the primary dwelling unit. (b) Utility Fees
(1) If an ADU is constructed with a new single-family home, a separate utility connections directly between the ADU and the utility, and payment of the normal connection fee and capacity charge for a new dwelling are required. (2) Converted ADUs and JADUs or ADUs allowed under Government Code Section 66323, 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.

Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 21

(3) All new detached ADUs require a separate utility connection directly between the ADU and the utility. Should the City be the utility provider a separate utility connection may not be required.

The portion of the fee or charge by the City may not exceed the reasonable cost of providing this service.
§ 9414.20 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, 2020, if denial is based on either of the following grounds:
(1) The ADU violates applicable building standards.
(2) The ADU does not comply with the state ADU law (Government Code Section 66314 to 66332) or this ADU ordinance as provided in (Section 9414).
(c) Exceptions: Notwithstanding subsection 9414.20, the City may deny a permit to legalize an existing unpermitted ADU or JADU that was constructed before January 1, 2020:
(1) If the City makes a finding that correcting a violation is necessary to comply with the standards or if deemed to be substandard as specified in the California Health and Safety Code section 17920.3 SECTION 12. 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 Attachment E

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 22

relating to the same subject matter. All fee schedules shall remain in full force-and-effect until superseded by Council Resolution.

SECTION 14. 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 ___th day of March, 2025.

_____________
HECTOR SOSA, Mayor

ATTEST:

MARIA ALICIA DUARTE, CMC
City Clerk

APPROVED AS TO FORM:

JOHN M. FUNK
City Attorney

I HEREBY CERTIFY that the foregoing Ordinance No. 25-____ was introduced at a Regular Meeting of the City Council of the City of Downey held on the __ day of ____, 2025, and adopted at a regular meeting of the City Council of the City of Downey held on the day of _________________, by the following vote, to wit:

AYES: Council Members:

NOES: Council Member:

ABSENT: Council Member:

Resolution No. 25-4045
Downey Planning Commission

Zoning Text Amendment – PLN-25-00014
February 19, 2025 – Page 23

introduction), and on ____ (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

Attachment E

Downey City CouncilMarch 25, 2025

Downey City Council
March 25, 2025