CITY COUNCIL STAFF REPORT
Meeting Date: October 02, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE ORDINANCE NO. ___
AMENDING ACCESSORY DWELLING UNIT ORDINANCE, SECTION
18.20.095 OF THE PLEASANT HILL MUNICIPAL CODE
SYNOPSIS
The proposed amendment to the Accessory Dwelling Unit Ordinance, Section 18.20.095 of the Pleasant Hill Municipal Code, will modify existing provisions that were originally implemented as part of an urgency ordinance that was adopted by the City Council in December 2022 in response to State legislation that was signed into law that year. The City Council is requested to receive public comments and introduce the proposed ordinance. If the ordinance is introduced, it will return to the City Council for a second reading and adoption.
DISCUSSION
Background
The source of these amendments, previously adopted by the City in late 2022 via urgency ordinance, is several bills signed into law in 2022 that, among other provisions, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority’s ability to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The California Legislature also approved, and the Governor signed into law, Senate Bill 897 (SB 897) that further amended Government Code sections 65852.2 and 65852.22 (“New Amendments”). Highlights of SB 897 included the following:
• Requires the City to allow certain ADUs to be higher — up to either 18 or 25 feet, depending on circumstances;
• Requires 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; • Requires 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 • Removes the automatic repeal in 2025 (the ADU statute is now permanent).
These amendments were incorporated into the urgency ordinance adopted in December 2022, and have been in effect for ten months. Thus, this proposal will add clarifying language to the “Accessory Structure” definition, and create a definition for “Attached,” as it relates to structures.
Planning Commission Meeting
The Planning Commission reviewed the proposed ordinance amendment at a public hearing on August 22, 2023, and no public comments were received or made at the meeting. After discussion of the proposed ordinance amendment, the Commission adopted PC Resolution 17-23 recommending the City Council adopt the ordinance as proposed by staff.
If the ordinance is introduced, it will return to the City Council for a second reading and adoption.
Analysis
Proposed Ordinance
The objective of this review is to codify the previous urgency ordinance in place since December 2022, while also making minor modifications that will help clarify areas of the ADU ordinance.
These clarifications, which are described in detail in the section below, are the result of staff’s conversations with the public and review of ADU and JADU permit applications.
Additional Modifications (beyond Urgency Ordinance provisions) The proposed changes were not originally included in the urgency ordinance and provide additional clarification to development provisions under the current ADU ordinance. The following are the requested modifications:
Staff proposes a new definition for attached structures, buildings, etc., as the public has raised questions regarding whether or how certain buildings/structures are deemed attached.
This determination affects what can be permitted related to ADUs and JADUs, particularly regarding the categorization of the structure as a JADU or an ADU. Thus, staff proposes the following amendment:
Subsection C. Definitions:
C.2. Accessory structure means a structure that is accessory and incidental to a primary dwelling located on the same lot.
C.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.
Environmental Review
This project is 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 necessary to implement the provisions of Government Code Section 65852.2.
FISCAL IMPACT
None.
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. A notice of this public hearing was published in the Contra Costa Times on Saturday, September 2, 2023. In addition, A-Frame signs notifying the public about this item have been on display at the Pleasant Hill Police Station and Library, and it has been posted on the electronic message board at City Hall.
RECOMMENDED CITY COUNCIL ACTION
Receive public comment and introduce the proposed 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. Do not introduce the ordinance.
2. Introduce the ordinance with amendments.
3. Continue the item to a later date with direction to staff from the City Council.
ATTACHMENT(S):
A. Proposed Ordinance(underline/strikethrough)
B. Proposed Ordinance (clean)
C. Planning Commission Resolution No. 17-23
D. Public Notice
Prepared by: Andrew Shiflet, Assistant Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager