CITY COUNCIL STAFF REPORT
Meeting Date: December 05, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE AND ADOPT URGENCY ORDINANCE NO. ___ AMENDING SECTION 18.20.095 OF THE
PLEASANT HILL MUNICIPAL CODE RELATED TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
SYNOPSIS
The proposed Urgency Ordinance will amend Section 18.20.095 of the Pleasant Hill Municipal Code to impose new limits on local authority to regulate Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) in compliance with the provisions of Government Code sections 65852.2 and 65852.22, as amended by recently approved legislation that will take effect on January 1, 2023.
DISCUSSION
Background
In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. In 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22 (“New Amendments”).
Among other things, these New Amendments:
Require the City to allow certain ADUs to be higher — up to 18 or 25 feet, depending the situation;
Require the City’s front setback to yield for certain ADUs and when other locations on the property are not feasible to allow an 800-square-foot ADU; Require the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them; and Remove the automatic repeal in 2025 (the ADU statute is now permanent).
SB 897 takes effect January 1, 2023. If the City’s ADU ordinance does not comply with requirements of SB 897 by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law, and the City will have to allow ADUs with no local regulation except for the few requirements in the state ADU law itself.
Analysis
The proposed ordinance amends the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with recently amended provisions of Government Code sections 65852.2 and 65852.22.
Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) by January 1, 2023, renders the City’s ADU ordinance null and void, thereby limiting the City to the application of the few default state standards provided in Government Code sections 65852.2 and 65852.22. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and could negatively impact property values, personal privacy, and fire safety.
The attached proposed Urgency Ordinance includes changes to the Pleasant Hill Municipal Code, Section 18.20.095, substantially in the form attached.
The ADU code amendments are proposed for adoption by urgency ordinance, in accordance with Government Code section 36937, subdivision (b), and will be followed at the earliest possible time by a non-urgency ordinance that will be considered for approval by the Planning Commission before returning to the City Council for consideration and adoption.
Environmental Review
Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.
FISCAL IMPACT
This Ordinance is a City initiative to comply with state law, and all associated staff and processing costs will be covered under the General Fund.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt an urgency ordinance amending Section 18.20.095 of the Pleasant Hill Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units, and determine the ordinance to be exempt from CEQA.
ALTERNATIVES TO RECOMMENDED ACTION
1. Decline to adopt the urgency ordinance – this will render the City’s current ADU ordinance null and void as of January 1, 2023, and the City will be limited to applying only those standards set forth in the state law.
ATTACHMENT(S):
A. Proposed Urgency Ordinance, including Exhibit A (amendments in underline and strikethrough)
Prepared by: Janet Coleson, City Attorney and Troy Fujimoto, City Planner Reviewed by: Ethan Bindernagel, Assistant City Manager and Community Development Director Approved by: June Catalano, City Manager