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Whittier updates zoning to conform to state ADU and SB9 laws; council introduces ordinances
Summary
Council introduced and conducted first readings of ordinances to update Whittier zoning for accessory dwelling units and SB9 two-unit/lot-split provisions, citing state law changes; the measures passed first-reading votes unanimously.
The Whittier City Council on Sept. 9 conducted public hearings and introduced zoning amendments to align local rules with new state laws for accessory dwelling units (ADUs) and Senate Bill 9 (two-unit/lot-split rules).
Planner Ben Pongetti summarized the changes in ZCA 25-0001 (ADU/junior ADU amendments) and ZCA 25-0002 (SB9 conformity). Key staff points included removal of some replacement parking requirements, authorization for ADUs to be built on top of primary dwellings in certain one-story cases, the ability for existing multifamily properties to add detached ADUs up to the number of existing units, and statutory CEQA exemptions that apply to the proposed local amendments. "For most jurisdictions, some form of ADUs began in January 2017," Pongetti said in his presentation, and he noted the state changed rules again in 2024–2025.
Public commenters expressed concerns about parking, sewer capacity, fire-flow requirements and neighborhood character. Staff responded that state law limits local discretion on parking in many cases, but that staff can prohibit new ADUs in zones where water or sewer service is insufficient and that fire-flow tests are being moved earlier in the review process to identify constraints sooner.
Council members asked whether ADUs count toward RHNA (Regional Housing Needs Allocation); staff said ADUs are counted, typically in the moderate-income category. On SB9 (ZCA 25-0002), staff said the amendments conform local code to state law allowing two-unit development and urban lot splits with some exceptions for high fire severity zones and other constrained areas.
Both items were introduced by unanimous roll-call votes: ordinance No. 3167 (ADU zoning amendment ZCA 25-0001) and ordinance No. 3168 (SB9 zoning amendment ZCA 25-0002) were each advanced with 5–0 votes on first reading.
What happens next: staff will bring the ordinances back for required subsequent readings and any ministerial implementation steps; staff also said it will monitor ADU permitting data and report rejections and constraints when available.
