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Downey council introduces ADU and Article 9 zoning updates to align with state law and streamline reviews
Summary
Council introduced ordinances to amend Downey's ADU/JADU rules and to update Article 9 (land use) on May 26, aligning local code with two new 2026 state laws, clarifying definitions and expanding administrative review to streamline permits.
Downey '026 ' The Downey City Council voted May 26 to introduce ordinances to update local regulations for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) and to amend Article 9 of the Downey Municipal Code. Senior planner Abraham Luna and Deputy Director Irma Mishron told council the amendments are intended to align city rules with recent state legislation (notably Assembly Bill 1154 and Senate Bill 543), clarify definitions, and streamline permit review for many smaller projects.
Luna summarized two 2026 state law changes: AB 1154 limits when owner-occupancy covenants are required for JADUs and specifies a minimum rental period; SB 543 clarifies the JADU definition (limiting livable interior space to 500 sq ft), forbids certain school impact fees for very small units, and gives the Department of Community Development authority to review local ordinances. "With the adoption of new legislative bills, the city must update the local ordinance ... to remain in compliance with state law," Luna said.
Deputy Director Mishron described the broader Article 9 amendments as four themes: compliance with state/federal law (SB450, density bonus, fair housing), streamlined administrative review (reduced notification radius from 500 ft to 100 ft and lower processing fees for some categories), procedural clarifications (definitions, setback rules), and neighborhood protections (construction-hour limits, prevailing setback removal process). Mishron said the planning commission recommended approval following a May 6 hearing.
Councilmembers praised streamlining and lower fees but focused discussion on a proposed change to the prevailing-setback removal process: several council members proposed allowing petition-supported setback removals to be decided administratively (not always by the planning commission) if staff verified signatures and provided advance notice to neighbors. Staff agreed to return language that includes notification safeguards, appeals and an option for staff to elevate controversial cases to the planning commission.
Public comment: None were received for either item. Council introduced both ordinances by voice vote; motions to introduce were approved unanimously.
What happens next: Staff will return with final ordinance language for second reading and will submit adopted ordinances to state housing review where applicable.
