10. Adopt Ord Approv a 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: APRIL 8, 2025
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE APPROVING

A ZONING TEXT AMENDMENT OF THE DOWNEY MUNICIPAL CODE

REGUALTING ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS IN ALL RESIDENTIAL ZONES

EXECUTIVE SUMMARY
The City Council will consider adopting an ordinance to regulate 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.

RECOMMENDATION
That the City Council:

Adopt Ordinance No. 25-1523 approving a Zoning Text Amendment (PLN-25- 00014) to 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
At its regularly scheduled City Council meeting held on March 25, 2025, where, after fully considering all oral and written testimony and facts and opinions offered, the City Council introduced for a first reading the attached ordinance.

APPROVED BY

CITY MANAGER

ZONING TEXT AMENDMENT
APRIL 8, 2025
PAGE 2

2 ANALYSIS

The analysis and information provided in the original agenda memo dated March 25, 2025, remains unchanged.

CITY COUNCIL PRIORITIES

Quality of Life, Safety, & Infrastructure

FISCAL IMPACT

There is no fiscal impact.

ATTACHMENTS

Attachment A: Ordinance No. 25-1523
Attachment B: City Council Report, without attachments – March 25, 2025

Attachment A
ORDINANCE NO. 25-1523

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
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
(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
§ 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
(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
(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 from the 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
(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
(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
(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.

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 than eight (8) ADUs may be permitted as either attached or detached from each other, but shall be detached from the existing primary multi-family dwelling structure(s).

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
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.

Attachment A
(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 A
(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.

Attachment A
(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.

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 apply 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.

Attachment A
(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:

Attachment A
(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

Attachment A
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

Attachment A
(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.

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.

Attachment A
(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

Attachment A
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

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

Attachment B

ZONING TEXT AMENDMENT
MARCH 25, 2025
PAGE 2

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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ZONING TEXT AMENDMENT
MARCH 25, 2025
PAGE 3

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.

Attachment B

ZONING TEXT AMENDMENT
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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

Attachment B

ZONING TEXT AMENDMENT
MARCH 25, 2025
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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.

Attachment B

ZONING TEXT AMENDMENT
MARCH 25, 2025
PAGE 6

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 B

Downey City CouncilApril 8, 2025

Downey City Council
April 8, 2025