RESOLUTION NO. 17-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANT HILL RECOMMENDING THAT THE CITY COUNCIL ADOPT AMENDMENTS TO TITLE 18 OF THE PLEASANT HILL MUNICIPAL CODE (ZONING ORDINANCE), SECTION 18.20.095
ACCESSORY DWELLING UNITS & 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, 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; and
WHEREAS, 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; and
WHEREAS, on December 5, 2022, to protect the public safety, health, and welfare, the City Council adopted Ordinance 960 as an urgency measure in accordance with Government Code section 36937, subdivision (b).
WHEREAS, Ordinance 960 allows the City to apply local regulations governing height, setback, landscape, and architectural review, among other things, 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 modify provisions that were implemented as part of the urgency ordinance, Ordinance 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.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the City Council approve the exemption from CEQA and adopt the attached ordinance amendment (Attachment A of the August 22, 2023 Planning Commission Staff Report) based on the following findings:
1 Zoning Ordinance Amendment Findings
1. The new ordinance section shall be consistent with the policies of the General Plan; Land Use Policy LU-3: "To provide a variety of housing types that offer choices for Pleasant Hill residents and create complete, livable neighborhoods.
The proposed ADU ordinance will allow the City to continue providing a variety of housing types by increasing ADU and JADU construction within livable neighborhoods.
b. Land Use Program LU-3.5: "Support the development of a broad range of housing types, to increase housing choice, neighborhood diversity, and innovative design.
The ADU ordinance will support the construction of ADUs and JADUs which will increase housing choice and further neighborhood diversity. c. Housing Policy H-2: "Promote a diversity in tenure, type, size, location, and price to permit a choice of housing for persons of all economic levels throughout the City."
The proposed ordinance amendment would continue to allow for ADU's that are both different types of housing from traditional single and multi-family residential units.
d. Housing Program H-2.5: "Promote the development of Accessory Dwelling Units (ADUs) in all residential zones."
The proposed ordinance amendment would modify provisions that were implemented by the City as part of an urgency ordinance in 2022. The ordinance will be consistent with State legislation that, in part, would address California's shortage of housing supply.
2. The new ordinance section shall be consistent with the purpose of the Zoning Ordinance which is to protect and promote the public health, safety and general welfare and implement the policies of the General Plan, more specifically:
• Provide a precise guide for the physical development of the City to preserve th haracter and quality of the residential neighborhoods, toster convenien harmonious and workable relationships among land uses and achieve the arrangement of land uses described in the General Plan.
The Planning Commission finds that the amendments clarify provisions for accessory dwelling units within residential areas consistent with recent changes to State Law. In addition, the ordinance would provide greater consistency with the City's General Plan (as noted Section No. 1 above).
b. Promote the economic stability of existing land uses.
The Planning Commission finds that the ordinance amendment clarifies and 2 updates regulations to conform to current State law thereby promoting the stability of residential land uses and will continue to allow accessory dwelling units that could provide additional housing opportunities for workers in need of more affordable housing.
c. Prevent excessive population densities and overcrowding of land and buildings.
The Planning Commission finds that the amendment would only modify provisions related to accessory dwelling units that were implemented in 2022 as part of an urgency ordinance that was approved by the city Council in response to State legislation that was passed in 2022. The ordinance amendment will not allow increases in size or number of units than what is currently allowed, thus avoiding overcrowding.
d. Ensure the provision of adequate open space for light, air and fire safety.
The Planning Commission finds that the amendment would only modify provisions related to accessory dwelling units that were implemented in 2022 as part of an urgency ordinance that was approved by the city Council in response to State legislation that was passed in 2022. The ordinance amendment will clarify provisions that will help ensure adequate open space for light, air and fire safety. e. Ensure that service demands of new development will not exceed the capacities of existing streets, utilities or public services.
The Planning Commission finds that the amendment will be in accordance with State requirements and would not increase the number of residential units beyond what is currently allowed by State law. The City already allows, in certain circumstances, up to two accessory dwelling units, thus, this ordinance amendment should have minimal effects on streets, utilities and public services.
ADOPTED by the Planning Commission, City of Pleasant Hill, on the 22° day of August, 2023, by the following vote:
AYES: Cheney, Field, Key, Khalfin, Vavrek, Wyler
NOES: None
ABSENT: Chiang
ABSTAIN: None
TROY FUJIMOTO, Secretary
Planning Commission
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