1 ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING PLEASANT HILL MUNICIPAL CODE SECTION 18.20.095 (‘ACCESSORY DWELLING UNITS’) RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS
WHEREAS, the City of Pleasant Hill, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of accessory dwelling units to meet new state law; and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, several bills that, among other provisions, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, Senate Bill 897 (SB 897) that further amends Government Code sections 65852.2 and 65852.22; and
WHEREAS, on December 5, 2022, to protect the public safety, health, and welfare, the City Council adopted Ordinance No. 960 as an urgency measure in accordance with Government Code section 36937, subdivision (b).
WHEREAS, Ordinance No. 960 allows the City to apply local regulations governing height, setback, landscape, and architectural review, among other standards, to certain applications for ADUs and JADUs, that would otherwise threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.
WHEREAS, the City desires to recodify the provisions of the urgency ordinance and modify said provisions that were implemented as part of Ordinance No. 960; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance amendment was held by the Planning Commission on August 22, 2023, where all interested persons might appear and be heard.
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance amendment was held by the City Council on October 2, 2023, where all interested persons might appear and be heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANT HILL does ordain as follows:
2 SECTION 1. Amending Pleasant Hill Municipal Code Section 18.20.095, to read as follows:
“18.20.095 Accessory dwelling units.
A. 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 65852.2 and 65852.22.
B. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3. Considered in the application of any local ordinance, policy, or program to limit residential growth.
4. Required to correct a nonconforming zoning condition, as defined in subsection C.7 of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code section 17980.12.
C. Definitions. As used in this section, terms are defined as follows:
1. Accessory dwelling unit or ADU 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. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code section 17958.1; and
b. A manufactured home, as defined by California Health and Safety Code section 18007.
2. Accessory structure means a structure that is accessory and incidental to a primary dwelling located on the same lot.
3. Complete independent living facilities means 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.
4. Attached means a structure that shares a common wall with the primary residential dwelling structure on a lot. A structure that is connected to the primary residential dwelling solely by a breezeway shall not be considered attached. 3 45. Efficiency kitchen means a kitchen that includes each of the following:
a. A cooking facility with appliances.
b. A food preparation counter or counters that total at least 15 square feet in area. c. Food storage cabinets that total at least 30 square feet of shelf space.
56. Junior accessory dwelling unit or JADU means a residential unit that satisfies all of the following:
a. Is no more than 500 square feet in size;
b. Is contained entirely within an existing or proposed single-family structure (an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure); c. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
e. Includes an efficiency kitchen, as defined in subsection C.4 of this section.
67. 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.
78. Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.
89. Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
910. Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
1011. 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.
1112. 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, such that the front vehicle may not be retrieved without the rear vehicle being moved.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
4 1. Building permit only. If an ADU or JADU complies with each of the general requirements in subsection E of this section, it is allowed with only a building permit in the following scenarios:
a. Converted on single-family lot. One ADU and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code Section 65852.22.
b. Limited detached on single-family lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a of this section), if the detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit in subsection E.2. below.
c. Converted on multifamily lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
d. Limited detached on multifamily lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
5 ii. The peak height above grade does not exceed the applicable height limit in subsection E.2. below.
2. ADU permit.
a. Except as allowed under subsection D.1 of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F of this section. b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance.
The ADU permit processing fee is determined by the zoning administrator and approved by the city council by resolution.
3. Process and timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily 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 multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. c. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, 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 must be provided to the applicant within the 60-day time period established by subsection D.3.b. above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E. General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection D.1 or D.2 of this section:
1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection D.1 of this section may be created on a lot in a residential or mixed-use zone. 6 b. An ADU or JADU subject to an ADU permit under subsection D.2 of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
2. Height.
a. Except as otherwise provided by subsections E.2.b. and E.2.c. below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half 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, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may 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, ADUs subject to this subsection E.2.d. may not exceed two stories. e. For purposes of this section E.2., height is measured above existing grade to the peak of the structure.
3. Fire sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4. Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.
5. No separate conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6. Septic system. If the ADU or JADU will connect to an on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
7 7. Owner occupancy.
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to owner-occupancy requirements.
b. Unless applicable law requires otherwise, all ADUs that are created on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
c. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
8. Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the administrator. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. The ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or 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 zoning administrator, providing evidence that the ADU or JADU has in fact been eliminated. The zoning administrator may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the zoning administrator’s determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.
e. The deed restriction is enforceable by the zoning administrator or his or her 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 ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. 8 9. Income reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, each building-permit application must include an estimate of the projected annualized rent that will be charged for the ADU or JADU.
10. Building and safety.
a. Must comply with building code. Subject to subsection E.10.b. below, all ADUs and JADUs must comply with all local building code requirements. b. 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 or a code enforcement 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 E.10.b. 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.
F. Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 of this section:
1. Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection is 1,200 square feet and up to two bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection, such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, front setback, landscaping or open-space requirements may require the ADU to be less than 800 square feet.
2. Setbacks. ADUs subject to this subsection shall comply with the following setbacks, subject to subsection F.1.c of this section. Setbacks are measured from property lines or vehicular easements, whichever is applicable. a. Attached and detached ADUs.
i. Front yard setbacks.
1. Single-family residential zoning district R-20 – 25 feet;
2. Single-family residential zoning districts PUD/PPD, R-15, R-10, R10A, R-7, R-6 – 20 feet;
3. Multiple-family residential zoning district MRH – 20 feet; 9 4. Multiple-family residential zoning district PUD/PPD, MRM, MRL, MRVL – 15 feet.
ii. Side and rear yard setbacks. All single- and multiple-family zoning districts – four feet.
iii. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.
3. Floor area ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed 40% in single-family zoning districts with no limitation in multifamily zoning districts, subject to subsection F.1.c of this section.
4. Lot coverage. No ADU subject to this subsection F may cause the total lot coverage to exceed the limitations as noted below, except as noted in subsection F.1.c of this section:
a. Single-family residential zoning districts R-20, R-15 – 25% maximum lot coverage;
b. Single-family residential zoning districts R-10 – 30% maximum lot coverage; c. Single-family residential zoning districts PUD/PPD, R-10A, R-7, R-6 – 35% maximum lot coverage;
d. Multiple-family residential zoning districts PUD/PPD, MRVL, MRL, MRM, MRH – 40% maximum lot coverage.
5. Minimum open space. No ADU subject to this subsection F may cause the project to be less than the following open space provisions for multifamily zoning districts noted below, subject to subsection F.1.c of this section:
a. Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two. i. Private open space. To satisfy the open space requirement, private open space must be on a patio or balcony, within which a horizontal rectangle has no dimension less than six feet.
ii. Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky, and may not include driveways or parking areas or area required for front or corner side yards.
6. Landscaping. No ADUs in single-family or multifamily residential zoning districts subject to this subsection F may cause the total landscaping of the lot to be less than as noted below, subject to subsection F.1.c of this section:
10 a. Single-family residential zoning districts (including PUD and PPD single family residential).
i. 50% of the front yard setback (yard) area is to be landscaped. b. Multiple-family residential zoning districts.
i. Multiple-family residential zoning districts MRVL and MRL – 35% landscaping;
ii. Multiple-family residential zoning district MRM – 30% landscaping; iii. Multiple-family residential zoning districts PUD/PPD, MRH – 25% landscaping.
7. Passageway. No passageway, as defined by subsection C.8 of this section, is required for an ADU.
8. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.11 of this section. The size of the off-street parking necessary for the ADU shall be eight and one-half feet wide by 19 feet deep (if enclosed the space shall be 10 feet wide by 22 feet deep, with a nine-foot-wide door opening) with a 10-foot-wide paved vehicular access from/to the public right-of-way and shall be surfaced with concrete or two inches of asphalt concrete over six inches of aggregate base.
b. Exceptions. No parking under subsection F.8.a of this section is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.10 of this section.
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 existing accessory structure under subsection D.1.a of this section. iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established 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 multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.8.b.i through v. above.
11 c. No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
9. Architectural requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
c. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance shall not be on the same side of the primary dwelling entrance, unless this entrance is screened from public views. d. The roof slope must 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.
10. Screening.
a. Evergreen landscape or fence screening must be planted or installed and maintained between the ADU and adjacent parcels as follows:
i. For a single-story ground-level ADU, at least one 15-gallon size evergreen tree that is six feet tall at the time of installation shall be provided for every 10 linear feet of exterior wall or a solid fence of at least six feet in height may be installed.
ii. Landscaping must be drought-tolerant.
11. Historical protections. The following requirements apply to ADUs on or within 600 feet of real property that is listed in the California Register of Historic Resources: the architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the federal, state, or local register of historic places be located so as to not be visible from any public right-of-way.
G. Fees.
1. Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. b. 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 primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling).
Impact fee here does not include any connection fee or capacity charge for water or sewer service.
12 2. Waiving of fees. The city shall waive fees for ADUs in the following manner:
a. Building and planning permit fees shall be waived if the ADU is deedrestricted for 55 years at the low-income affordable level. b. Building, planning and traffic mitigation fees shall be waived if the ADU is deed-restricted for 55 years at the very low-income affordable level.
H. Nonconforming zoning code conditions, building code violations, and unpermitted structures.
1. Generally. 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.
2. Unpermitted ADUs constructed before 2018.
a. 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, 2018 due to either of the following:
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with state ADU law (Government Code Section 65852.2) or this ADU ordinance.
b. Exceptions.
i. Notwithstanding subsection H.2.a. above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
ii. Subsection H.2.a. above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.
I. Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A through G of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.”
Except as modified herein, all other provisions contained in Section 18.20.095 of the Pleasant Hill Municipal Code shall remain in full force and effect.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each 13 and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. The City Council finds the adoption of this ordinance to be statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 21080.17 of the Public Resources Code because it is an ordinance regarding accessory dwelling units in single-family and multifamily residential zones to implement the provisions of Government Code Section 65852.2.
SECTION 4. This ordinance shall be effective 30 days after its adoption.
SECTION 5. Within fifteen (15) days after the final passage and adoption of this ordinance, the City Clerk shall cause it to be posted in the three public places designated by resolution of the City Council.
SECTION 6. Filing. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.
The foregoing ordinance was duly and regularly introduced at a regular meeting of the Pleasant Hill City Council, held in said City on the 2
nd day of October, 2023, and thereafter adopted at a
regular meeting of the City Council, held in said City on the ___ day of _________________ 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
JUANITA DAVALOS, Acting City Clerk