CITY COUNCIL STAFF REPORT
Meeting Date: April 7, 2025
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
TITLE: PUBLIC HEARING TO INTRODUCE ORDINANCE NO. __
AMENDING, SECTION 18.20.095 OF THE PLEASANT HILL
MUNICIPAL CODE (ACCESSORY DWELLING UNIT), AND FIND
THE ORDINANCE EXEMPT FROM THE PROVISIONS OF CEQA
SYNOPSIS
The proposed amendment to the Accessory Dwelling Unit ordinance, Section 18.20.095 of the Pleasant Hill Municipal Code, will modify provisions to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”), and to incorporate new ADU development standards for newly created Zoning Districts.
DISCUSSION
Background/Analysis
In recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that amended various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs. In 2024, the California Legislature approved, and the Governor signed into law, two new bills – AB 2533 and SB 1211 – that further amend state ADU law as summarized below.
AB 2533 – Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.
AB 2533 changes state law in the following ways: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).) SB 1211 – Replacement Parking Requirements; Multifamily ADUs Replacement Parking
Existing state law prohibits a city from requiring replacement of off-street parking spaces when a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU.
SB 1211 enhances this prohibition to further prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov.
Code, § 66314(d)(11).)
Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires a city to ministerially approve qualifying buildingpermit applications for 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 ….” Though the term “livable space” is not currently defined by existing state ADU law, SB 1211 adds a new definition: “Livable space” now means, “a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).)
SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to include a maximum of two detached ADUs. Under the new provisions of SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less (See amended Gov. Code, § 66323(a)(4)(A)(ii).). The new law does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have - the limit remains two. (See amended Gov. Code, § 66323(a)(4)).
New City Zoning Districts
In 2024, the City Council approved new zoning districts, including:
• MRVH – Multiple-Family Very High
• MX-NB – Mixed-Use Neighborhood Business
• MX – Mixed-Use
• MX-HD – Mixed-Use High Density
To ensure that applicable development standards for the new zoning districts can apply to ADU’s, they must be incorporated into the ADU Ordinance. These standards include setbacks, floor area ratio (FAR), lot coverage and landscaping.
Thus, the proposed ordinance includes setback standards in Mixed-Use zone districts including front, side, and rear yards. Depending on the zoning district, front yard setbacks range from five feet to 15 feet, while the rear and side yard setbacks are consistent with other residential zones, at four feet. The amendment would also clarify that there are no lot coverage or FAR maximums for ADUs within mixed-use zoning districts. Finally, landscaping standards applicable to ADUs within Mixed-Use zones would be incorporated, ranging from 15 to 25 percent required site landscaping.
Planning Commission Meeting
The Planning Commission reviewed the proposed ordinance amendment at a public hearing on February 25, 2025; no public comments were received or made at the meeting. After discussion of the proposed ordinance amendment, the Commission recommended approval of the amendments to the City Council, as proposed by staff and in compliance with applicable State law.
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 residential, multifamily residential, and mixed-use zones in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
FISCAL IMPACT
None.
PUBLIC CONTACT
A notice of this public hearing was published in the Contra Costa Times on Friday, March 7, 2025.
In addition, A-Frame signs notifying the public about this item have been on display at the Pleasant Hill Police Station and Library, it has been posted on the electronic message board at City Hall, and notice of the meeting has also been posted on the City website and at the Pleasant Hill Senior Center.
RECOMMENDED CITY COUNCIL ACTION
Introduce an 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. 02-25
D. Public Notice
Prepared by: Andrew Shiflet, Associate Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager