Item 10.2
City Council Meeting Agenda - Page 275 of 307 - Monday, December 15, 2025 shall be under no duty to question Data received from the Agency, to compute contributions made to the Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance with the Plan or applicable law.
In addition, PARS shall not be liable for nonperformance of Services to the extent such nonperformance is caused by or results from erroneous and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit 1 C, PARS reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the Agency.
6. Records. Throughout the duration of this Agreement, and for a period of five (5) years after termination of this Agreement, PARS shall provide duly authorized representatives of Agency access to all records and material relating to calculation of PARS' fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law.
7. Confidentiality. Without the Agency's consent, PARS shall not disclose any information relating to the Plan except to duly authorized officials of the Agency, subject to applicable law, and to parties retained by PARS to perform specific services within this Agreement. The Agency shall not disclose any information relating to the Plan to individuals not employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law.
8. Independent Contractor. PARS is and at all times hereunder shall be an independent contractor. As such, neither the Agency nor any of its officers, employees or agents shall have the power to control the conduct of PARS, its officers, employees, or agents, except as specifically set forth and provided for herein. PARS shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation, and similar matters.
9. Indemnification. PARS and Agency hereby indemnify each other and hold the other harmless, including their respective officers, directors, and employees, from any claim, loss, demand, liability, or expense, including reasonable attorneys' fees and costs, incurred by the other as a consequence of, to the extent, PARS' or Agency's, as the case may be, negligent acts, errors or omissions with respect to the performance of their respective duties hereunder.
10. Compliance with Applicable Law. The Agency shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding the administration of the Plan.
PARS shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding Plan administrative services provided under this Agreement.
Item 10.2
City Council Meeting Agenda - Page 276 of 307 - Monday, December 15, 2025
11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in the County of Contra Costa.
12. Force Majeure. When a party's nonperformance hereunder was beyond the control and not due to the fault of the party not performing, a party shall be excused from performing its obligations under this Agreement during the time and to the extent that its performance is prevented by such cause. Such cause shall include, but not be limited to:
any incidence of fire, flood, acts of God or unanticipated communicable disease, acts of terrorism or war commandeering of material, products, plants or facilities by the federal, state or local government, a material act or omission by the other party or any law, ordinance, rule, guidance or recommendation by the federal, state or local government, or any agency thereof, which becomes effective after the date of this Agreement that delays or renders impractical either party's performance under the Agreement.
13. Ownership of Reports and Documents. The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to and become the property of the Agency. Copies may be made for PARS but shall not be furnished to others without written authorization from Agency.
14. Designees. The Plan Administrator of the Agency, or their designee, shall have the authority to act for and exercise any of the rights of the Agency as set forth in this Agreement, subsequent to and in accordance with the written authority granted by the Governing Body of the Agency, a copy of which writing shall be delivered to PARS.
Any officer of PARS, or his or her designees, shall have the authority to act for and exercise any of the rights of PARS as set forth in this Agreement.
15. Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
(A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA 92660; Attention: President
(B) To Agency: City of Pleasant Hill; 100 Gregory Lane, Pleasant Hill, CA 94523; Attention: City Manager
Notices shall be deemed given on the date received by the addressee.
16. Term of Agreement. This Agreement shall remain in effect for the period beginning May 2, 2022 and ending May 1, 2025 ("Term"). This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party of the intent to terminate. Absent a thirty (30) day written notice to the other party of the intent to terminate, this Agreement will continue unchanged for successive twelve-month periods following the Term.
17. Amendment. This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto.
Item 10.2
City Council Meeting Agenda - Page 277 of 307 - Monday, December 15, 2025
18. Entire Agreement. This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement.
In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions, and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition.
19. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of this Agreement the prevailing party herein shall be entitled to receive its reasonable attorney's fees.
20. Counterparts. This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart.
21. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
22. Effective Date. This Agreement shall be effective on the date first above written, and also shall be the date the Agreement is executed.
AGENCY:
BY:
June Catalano
TITLE: City Manager
DATE:
PARS:
BY: ~~2_
Tod Hammeras
TITLE: Chief Financial Officer
DATE: 4/14/2022
Item 10.2
City Council Meeting Agenda - Page 278 of 307 - Monday, December 15, 2025
EXHIBIT IA
SERVICES
PARS will provide the following services for the City of Pleasant Hill Public Agencies PostEmployment Benefits Trust:
1. Plan Installation Services:
(A) Meeting with appropriate Agency personnel to discuss plan prov1s10ns, implementation timelines, actuarial valuation process, funding strategies, benefit communication strategies, data reporting, and submission requirements for contributions/reimbursements/ distributions;
(B) Providing the necessary analysis and advisory services to finalize these elements of the Plan;
(C) Providing the documentation needed to establish the Plan to be reviewed and approved by Agency legal counsel. Resulting final Plan documentation must be approved by the Agency prior to the commencement of PARS Plan Administration Services outlined in Exhibit IA, paragraph 2 below.
2. Plan Administration Services:
(A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the PARS Public Agencies Post-Employment Benefits Trust ("Trustee"), based upon information received from the Agency and the Trustee;
(B) Performing periodic accounting of Plan assets, reimbursements/distributions, and investment activity, based upon information received from the Agency and/or Trustee;
(C) Coordinating the processing of distribution payments pursuant to authorized direction by the Agency, and the provisions of the Plan, and, to the extent possible, based upon Agency-provided Data;
(D) Coordinating actions with the Trustee as directed by the Plan Administrator within the scope of this Agreement;
(E) Preparing and submitting a monthly report of Plan activity to the Agency, unless directed by the Agency otherwise;
(F) Preparing and submitting an annual report of Plan activity to the Agency; (G) Facilitating actuarial valuation updates and funding modifications for compliance with the applicable GASB pronouncements and/or statements, if prefunding OPEB obligations;
(H) Coordinating periodic audits of the Trust;
(I) Monitoring Plan and Trust compliance with federal and state laws.
3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice.
Item 10.2
City Council Meeting Agenda - Page 279 of 307 - Monday, December 15, 2025 EXHIBIT 1B
FEES FOR SERVICES
PARS will be compensated for performance of Services, as described in Exhibit IA based upon the following schedule:
An annual asset fee shall be paid from Plan assets based on the following schedule:
For Plan Assets from:
$1 to
$10,000,001 to
$15,000,001 to
$50,000,001 and
$10,000,000
$15,000,000
$50,000,000
above
Annual Rate:
0.25%
0.20%
0.15%
0.10%
Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by the following formula [Annual rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Trustee and Investment Management Fees are not included.
Item 10.2
City Council Meeting Agenda - Page 280 of 307 - Monday, December 15, 2025
EXHIBIT IC
DATA REQUIREMENTS
PARS will provide the Services under this Agreement contingent upon rece1vmg the following information. Agency is solely responsible for ensuring that all information and documentation provided to PARS is true, correct, and authorized:
1. Executed Legal Documents:
(A) Certified Resolution
(B) Adoption Agreement to the Public Agencies Post-Employment Benefits Trust (C) Trustee Investment Forms
2. Contribution - completed Contribution Transmittal Form signed by the Plan Administrator ( or authorized Designee) which contains the following information:
(A) Agency name
(B) Contribution amount
(C) Contribution date
(D) Contribution method (Check, ACH, Wire)
3. Distribution - completed Payment Reimbursement/Distribution Form signed by the Plan Administrator ( or authorized Designee) which contains the following information:
(A) Agency name
(B) Payment reimbursement/distribution amount
(C) Applicable statement date
(D) Copy of applicable premium, claim, statement, warrant, and/or administrative expense evidencing payment
(E) Signed certification of reimbursement/distribution from the Plan Administrator ( or authorized Designee)
4. Other information pertinent to the Services as reasonably requested by PARS and Actuarial Provider.
Item 10.2
City Council Meeting Agenda - Page 281 of 307 - Monday, December 15, 2025 Exhibit 2
City of Pleasant Hill
Pension Rate Stabilization Program
(PRSP)
Funding Policy
Item 10.2
City Council Meeting Agenda - Page 282 of 307 - Monday, December 15, 2025 Purpose and Introduction
The purpose of this Pension Rate Stabilization Program (PRSP) Funding Policy ("Policy") is to establish a methodology and a process for funding current and future costs associated with the City's contractual obligations to provide pension benefits as set forth in the City's labor agreements.
Adoption and Implementation
The City Council is responsible for adopting the Pension Rate Stabilization Program (PRSP) and for approving any significant revision. The designated Plan Administrators are responsible for developing administrative procedures, as needed, to implement the Policy. In this role, the Plan Administrators are authorized to make minor administrative changes in the Policy as long as they are intended to carry out the purpose of this Policy and will not have any significant policy impact. The City Council will review and approve this policy via resolution, as needed, to ensure it meets the current and future needs of the City.
Initial Set Up
The City shall establish an Internal Revenue Service Code Section 115 approved irrevocable trust to achieve a higher rate of return on investments than that earned in LAIF.
Once the City transfers funds into such a trust, they can only be utilized for payment of employee pension costs.
The following outlines the governance and administration of the proposed Trust:
City Council has the authority to establish the Trust and define policies for the administration of the Trust funds.
The Plan Administrator will have overall responsibility for the Trust funds and will develop and manage procedures in accordance with the City Council's adopted policies. The City Council will designate the City Treasurer and the Finance Manager as the Plan Administrators.
Trust Administrator, Public Agency Retirement Services (PARS), keeps plan documents current to ensure that they reflect the substantive plan and provides ongoing consulting, reporting and plan accounting records.
Trustee, currently US Bank, will be the plan's trustee and custodian and will safeguard the assets in the Trust, hold the investment securities for safekeeping and make disbursements on request.
1 Item 10.2
City Council Meeting Agenda - Page 283 of 307 - Monday, December 15, 2025 Investment Manager, currently Highmark Capital Management, will recommend investment portfolio allocations based upon the Pension Trust Funds' adopted investment policies and manage those assets accordingly.
Trust Administrator
PARS has established a multiemployer irrevocable trust in compliance with the requirements of Section 115 of the Internal Revenue Code. While it is a multi-employer trust, each employer's contributions benefit only its own employees. There is no sharing of either liability or investment earnings, and separate employer accounts are maintained.
PARS serves as the administrator of the Trust.
Trustee
Any contributions made to the program are held and invested by a trustee. The trustee duties include:
1. Safeguarding assets for the benefit of retirees;
2. Providing oversight protection of the investments;
3. Custodian of the assets; and
4. Disbursing funds to pay for pension costs.
Investment Manager
Investment Manager assists the City with selecting investment strategy depending on what rate of return the City expects to earn and level of risk tolerance the City is willing to take. Investment Manager provides annual review of the investment portfolio and asset allocation as well as takes on fiduciary responsibility for the City's pension asset management.
Asset Allocation Investment Strategy
PARS provides flexibility to the City in the selection of the investment strategy for its funds in the Trust, giving the City control on target yield and level of risk on its investments. The City has the ability to select one of five Investment Options that best suits its desired or expected return on its investments in the Trust. Each Investment Option allocates the assets in varying investment combinations of equity, fixed income, and cash. With each Investment Option, as the expected rate of return increases, so does the assumed risk. 2 Item 10.2
City Council Meeting Agenda - Page 284 of 307 - Monday, December 15, 2025 The Asset Allocation Strategies and the corresponding Investment Options currently available are:
Equity Fixed Income Cash
Conservative 5%-20% 60% - 95% 0% - 20%
Moderately Conservative 20% -40% 50% - 80% 0% - 20%
Moderate 40% - 60% 40% - 60% 0% - 20%
Balanced 50% - 70% 30% - 50% 0% - 20%
Capital Appreciation 65% - 85% 10% - 30% 0% - 20%
The City Council will select the most appropriate investment option in the Trust.
This Policy recognizes that there will be investment market place volatility and that actual economic and demographic experience will differ from assumed experience. Accordingly, this Policy is intended to provide flexibility to smooth such volatility and experience in a reasonable, systematic and financially sound manner.
Contributions
To begin the funding of the Trust, the City will make a one-time contribution of $1.0 million to the Trust utilizing General Fund resources.
The City will consider making additional contributions to the Trust based on the net position of the General Fund recommended by the City Manager and Finance Manager. The amount will be based on unassigned General Fund Balance when revenues exceed costs (not including Measure K funds) in the audited financial statements. The contribution amount will be based on the annual excess audited unassigned General Fund Balance (not including Measure K). The recommended contribution amount will be based on the higher of 10% or $50,000 of the excess unassigned General Fund Balance.
Withdrawals
In order to establish a procedure for withdrawals of the funds:
a. City Manager will make recommendations to City Council during the budget process.
b. If needed immediately, City Manager will bring City Council Agenda Item for approval.
3 Item 10.2
City Council Meeting Agenda - Page 285 of 307 - Monday, December 15, 2025
CITY COUNCIL STAFF REPORT
Meeting Date: December 15, 2025
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
TITLE: PUBLIC HEARING AND INTRODUCE AND ADOPT URGENCY
ORDINANCE NO. __ AMENDING SECTION 18.05.010 OF THE
PLEASANT HILL MUNICIPAL CODE RELATED TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
AND DETERMINING THE ACTION TO BE EXEMPT FROM CEQA
SYNOPSIS
The proposed Urgency Ordinance will amend Section 18.05.010 of the recently adopted Pleasant Hill Municipal Code to impose new limits on local authority to regulate Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). Except as otherwise noted, these new laws take effect on January 1, 2026.
BACKGROUND AND ANALYSIS
In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that impose new limits on local authority to regulate ADUs and JADUs. In late 2025, four new bills were enacted that further amend state ADU law as summarized below.
AB 462 – Coastal Development Permits; Disaster-Affected Areas AB 462 mainly modifies several permitting requirements associated with processing Coastal Development Permits (CDP) for ADUs located in the Coastal Zone. Pleasant Hill is not, however, located within a Coastal Zone. In addition to Coastal Zone modifications AB 462 modifies the rules governing the issuance of a certificate of occupancy (C of O) for an ADU. Historically, state law has prohibited a local agency from issuing a C of O for an ADU before one is issued for the primary dwelling (i.e., the primary dwelling must have a C of O before the ADU can receive one).
AB 462 creates a narrow exception to this prohibition for detached ADUs when all of the following conditions are satisfied:
(1) The Governor has declared a state of emergency for the county on or after February 1, 2025;
(2) The primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation; and
(3) The ADU has been issued construction permits and passed all required inspections.
Item 10.3
City Council Meeting Agenda - Page 286 of 307 - Monday, December 15, 2025 If these conditions are satisfied, the detached ADU can receive a Certificate of Occupancy before the primary dwelling. In all other scenarios, the primary dwelling must receive a C of O before one can be issued for an ADU.
AB 462 was enacted as an urgency measure that took effect immediately when signed by the Governor (on October 10, 2025).
The following three bills were enacted as non-urgency measures and take effect on January 1, 2026 AB 1154 – JADU Owner-Occupancy; Short-Term Rental
When a JADU is developed, existing state law requires a property owner to reside in the JADU or remaining portion of the single-family dwelling. AB 1154 narrows this requirement to now only apply when a JADU shares sanitation facilities (bathroom) with the single-family dwelling. If the JADU has its own bathroom, then the property owner need not reside on the property at all.
AB 1154 also expressly prohibits JADUs from being used as short-term rentals (i.e., rented for a term shorter than 30 days). Most ADU ordinances, including the City of Pleasant Hill’s, already included this prohibition (as well as prohibiting ADUs from being used as short-term rentals). But now this prohibition is required by state law.
SB 9; SB 543 – ADU Ordinance Submittal to HCD; Approval Under existing law, local agencies are required to submit a copy of their ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption. This year’s SB 9 and SB 543 create a penalty for failing to do so by rendering null and void any local ordinance that is not submitted to HCD within 60 days of adoption. The bills further specify that a local ADU ordinance is null and void if HCD issues findings that the ordinance does not comply with state law and the local agency fails to respond to HCD within 30 days.
SB 543 – ADU Size; Number of ADUs; Impact Fees; Permitting Timeline SB 543 makes numerous changes and clarifications to state ADU law, the most notable of which are summarized below.
Measuring ADU & JADU Size
Existing law limits the maximum size of a JADU to 500 square feet and prohibits local ADU ordinances from imposing certain development standards that would prevent an ADU created under Government Code section 66314 through 66322 from being at least 800 square feet in size.
SB 543 amends state ADU law to specify that allowable square footage of an ADU or JADU refers to square footage of “interior livable space.”
Impact Fees
Item 10.3
City Council Meeting Agenda - Page 287 of 307 - Monday, December 15, 2025 Existing law exempts ADUs that are 750 square feet or smaller from development impacts fees (DIFs). SB 543 clarifies that DIFs may not be imposed on an ADU that has 750 or fewer square feet of interior livable space and for a JADU with 500 or fewer square feet of interior livable space.
The bill also exempts both ADUs and JADUs with fewer than 500 square feet of interior livable space from school impact fees.
Quantity of ADUs Created Under Government Code Section 66323 Existing state law creates four categories of Class 1 ADUs that must be approved if they comply with the limited standards provided in Government Code section 66323(a)(1)(4). These are:
On a Lot with a Single-Family Dwelling:
(1) A converted ADU and JADU created on a lot with a proposed or existing single-family dwelling;
(2) A detached ADU created on a lot with a proposed or existing single-family dwelling; On a Lot with Multi-Family Dwellings:
(3) Converted ADUs created in an existing multifamily dwelling; and (4) Detached ADUs created on a lot with a proposed or existing multifamily dwelling.
For some time, there has been uncertainty as to whether ADUs created under Government Code section 66323 could be combined. Some practitioners interpreted the statute to not require local agencies to allow combinations. Initially, HCD took the same position, as noted in its 2020 ADU Handbook. But for the last few years, HCD has taken the opposite position, affirming that combinations are permitted.
SB 543 codifies HCD’s most recent interpretation by amending Government Code section 66323 to specifically allow certain combinations. Thus, for a lot with a single-family dwelling, a property owner will be able to combine categories (1) and (2) above, and for lots with multi-family dwellings, a property owner will be able to combine categories (3) and (4) above.
ADU Permitting Process
Item 10.3
City Council Meeting Agenda - Page 288 of 307 - Monday, December 15, 2025 Existing law requires local agencies to approve or deny an ADU application within 60 days of receiving a complete application. However, state law has been silent with respect to incompleteness determinations, subsequent resubmittals, and appealing local decisions on ADU applications.
SB 543 requires local agencies to now:
(1) Determine whether an ADU application is complete within 15 business days of submittal; (2) If the application is incomplete, within the same 15 days provide the applicant with a list of incomplete items and how to address them;
(3) Review a resubmitted application for completeness within 15 business days; (4) Provide the applicant with a written appeal process for any incompleteness determination or denial (to the Planning Commission or City Council, or both); and (5) Provide a final written determination on the appeal within 60 business days of receiving the appeal.
NEXT STEPS AND RECOMMENDATION
AB 462 took effect immediately when signed into law. The City only needs to follow the new rules for issuance of a Certificate of Occupancy, if applicable. The remaining bills take effect on January 1, 2026. For the City’s ADU ordinance to remain valid and enforceable, it must comply with requirements of these bills by January 1, 2026. Noncompliance would mean the City’s entire existing ADU ordinance becomes null and void as a matter of law, and the City would have to allow ADUs with practically no regulation but for the minimal requirements required by state ADU law itself. The approval of ADUs and JADUs based solely on these default statutory standards, without regard for local regulations governing height, setback, landscape, and architectural review, among other development standards, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.
Therefore, the proposed ordinance is an urgency measure, which means it will take effect immediately upon adoption. Typically, an ordinance affecting planning and zoning is approved by the Council after a Planning Commission recommendation, a first reading and introduction before the Council, and then a second reading at a regular Council meeting, 30 days after which the ordinance would become law. But here it is necessary for the City Council to adopt this ordinance as an urgency measure because the new ADU laws will take effect on January 1, 2026, before a more typical non-urgency adoption would take effect. The urgency ordinance will be followed at the earliest possible time by a non-urgency ordinance, subject to all normal procedures.
Item 10.3
City Council Meeting Agenda - Page 289 of 307 - Monday, December 15, 2025 For the above reasons, staff recommends that the City Council adopt the proposed urgency ordinance (Attachment A), which will ensure that the City’s ADU ordinance remains valid on January 1, 2026.
ENVIRONMENTAL REVIEW
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, the adoption of the proposed urgency Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
FISCAL IMPACT
None.
RECOMMENDED CITY COUNCIL ACTION
Adopt an urgency ordinance amending Section 18.05.010 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 adopt the ordinance.
2. Adopt the ordinance with amendments.
3. Continue the item to a later date with direction to staff from the City Council.
ATTACHMENT(S)
A. Proposed Urgency Ordinance, including Exhibit A (amendments in underline and strikethrough)
Prepared by: Andrew Shiflet, Associate Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager
Item 10.3
City Council Meeting Agenda - Page 290 of 307 - Monday, December 15, 2025 38074.00024\44447475.2
ORDINANCE NO. _____
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING SECTION 18.05.010 OF THE PLEASANT HILL MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND DETERMINING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER CALIFORNIA PUBLIC RESOURCES CODE SECTION 21080.17 WHEREAS, the City of Pleasant Hill, California (“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, amend various sections of Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and
WHEREAS, new updates to the law take effect January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of bills updating state ADU law because if the City’s ordinance does not comply with this legislation by January 1, 2026 — and the City’s ADU ordinance becomes null and void in its entirety — the City would be required to approve ADUs and JADUs in accordance with the few default standards that are imposed by Chapter 13 of Division 1 of Title 7 of the California Government Code, which is the state ADU law; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this Ordinance as an urgency ordinance, to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).
Item 10.3
City Council Meeting Agenda - Page 291 of 307 - Monday, December 15, 2025 38074.00024\44447475.2
1 NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. 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 Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law. Therefore, adoption of the urgency Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
Section 3. The City Council hereby finds that the adoption of the urgency Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).
Section 4. Section 18.05.010 of the Pleasant Hill Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference (deletions shown in strikethrough and additions shown in underline).
Section 5. This ordinance takes effect on January 1, 2026.
Section 6. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
Section 7. The City Clerk certifies that this Ordinance was adopted by the City Council at a regular meeting on December 15, 2025.
Section 8. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
The foregoing ordinance was passed, approved, and adopted at a meeting of the City Council on the 15th day of December, 2025.
[Signatures on the Following Page]
Item 10.3
City Council Meeting Agenda - Page 292 of 307 - Monday, December 15, 2025
2 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Pleasant Hill, held on the 15th day of December, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
ZAC SHESS, Mayor
ATTEST:
_________________________________
LYONE P. CONNER, City Clerk
Item 10.3
City Council Meeting Agenda - Page 293 of 307 - Monday, December 15, 2025 38074.00024\44447475.2
3 EXHIBIT A
18.05.010 Accessory Dwelling Units (ADU and JADU)
A. Purpose and Intent.
1. Purpose. The purpose of this Section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
2. Intent. The regulations of this Section are intended to:
a. Implement the provisions of the General Plan Housing Element. b. Assure compliance with State law.
c. Encourage the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).
d. Streamline and minimize governmental constraints on residential development e. Minimize potential adverse impacts on public health, safety, and general welfare that may be associated with accessory dwelling units.
B. Applicability. This Section contains all applicable zoning standards for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). No additional standards from other chapters or sections of the Zoning Ordinance shall apply.
C. Building Code Compliance Required. Any construction, establishment, alteration, enlargement or modification of an ADU or JADU shall comply with the requirements of this Section and the California Building Code. An ADU or JADU that conforms to the standards in this Section will not be:
1. Deemed to be inconsistent with the General Plan and zoning district 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.8 of this Section. This does not prevent the City from enforcing compliance with applicable building standards in compliance with California Health and Safety Code Section 17980.12.
D. Definitions. As used in this Section, terms are defined as follows additional terms:
1. Accessory Dwelling Unit (ADU). An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family primary dwelling unit is situated. An accessory dwelling unit also includes the following:
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4 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. Complete Independent Living Facilities. 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.
3. Attached. An attached structure 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.
4. Efficiency Kitchen. A removable kitchen that does not exceed six lineal feet and includes each of the following:
a. A cooking facility with appliances Examples of appliances that may be used include microwaves, two-burner electric stove tops refrigerators, freezers, and toaster ovens.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
c. Food storage cabinets that total at least 30 square feet of shelf space.
5. Junior Accessory Dwelling Unit (JADU). A JADU is a residential unit that does not exceed 500 square feet of livable space and is contained entirely within an existing or proposed structure and includes an efficiency kitchen and access to either private or shared sanitation facilities within the existing structure.
6. Livable space means a space in a dwelling intended for human habitation including living, sleeping, eating, cooking, or sanitation.
7. Living Area. The interior habitable area of a dwelling unit includes basements and attics but does not include a garage or any accessory structure.
8. Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.
9. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
10. Proposed Dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.
11. Public Transit. 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.
12. Setback. The required front, side, and rear setback for an ADU is measured from the furthest projection of the structure (such as an eave) to the corresponding property line.
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5 13. Tandem Parking. When 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.
E. Types of Accessory Dwelling Units. An ADU approved under this Section may be one of the following types:
1. Attached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to the proposed or existing primary dwelling, such as through a shared wall, floor, or ceiling.
2. Detached. An accessory dwelling unit that is created from newly constructed space that is detached or separated from the proposed or existing primary dwelling The detached accessory dwelling unit shall be located on the same lot as the proposed or existing primary dwelling.
3. Converted. An accessory dwelling unit that is entirely located within the proposed or existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to studio, pool house, or other similar structure. Converted spaces may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing space for the sole purpose of accommodating ingress and egress to the unit.
4. Junior Accessory Dwelling Unit. A junior accessory dwelling unit is a unit that meets all the following:
a. Shall only be allowed on lots zoned for single-unit residences and that include an existing or proposed single-family dwelling.
b. Is entirely located within a proposed or existing primary single-family dwelling (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. Has independent exterior access from the primary dwelling. d. Has sanitation facilities that are either shared with or separate from those of the primary dwelling.
e. Includes an efficiency kitchen as defined in Subparagraph D.4 of this Section.
F. General Requirements for Approval. The following approvals apply to ADUs and JADUs under this Section:
1. Building Permit Only. An application for a Building Permit within a residential or mixeduse zone for any of the following shall be approved ministerially if all applicable requirements are met:Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved with an ADU permit and building permit under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection G below, it is allowed in each of the scenarios provided in this subsection F.1. An ADU and JADU approved under subsection F.1.a may be combined with an Item 10.3
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6 ADU approved under subsection F.1.b, and ADUs approved under subsection F.1.c may be combined with ADUs approved under subsection F.1.d. a. One Converted ADU and One JADU on a Single-Family Lot with SingleFamily. One converted ADU as defined in Subparagraph E.3 of this Section and one JADU shall be allowed on a lot with a proposed or existing singlefamily dwelling if all of the following apply:
i. The converted ADU has exterior access that is independent from the single-family dwelling; and
ii. The converted ADU has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. iii. The JADU, if applicable, complies with the requirements of Chapter 13 of Division 1 of Title 7 of the California Government Code. b. One Detached ADU and One JADU on a Single-Family Lot with Single-Family.
One detached, new-construction ADU and one JADU shall be allowed on a lot with a proposed or existing single-family dwelling, if all the following conditions are met:
i. The side and rear setbacks of the detached ADU are at least four feet. ii. The total floor area of the detached ADU is 800 square feet of livable space or smaller.
iii. The peak height above finished grade does not exceed the applicable height limit in Subparagraphs G.2.a through G.2.c of this Section. iv. The JADU, if applicable, complies with the requirements of Government Code Sections 66333 through 66339.
c. Converted ADU(s) on a Multi-Family Lot with Multi-Family. One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) if each converted ADU complies with State building standards for dwellings. A least one converted ADU shall be allowed within an existing multi-family structure, up to a quantity equal to 25 percent of the existing multi-family dwelling units in the structure.
d. Detached ADU on a Multi-Family Lot with Multi-Family. No more than two detached ADUs on a lot with a proposed multi-family dwelling, or up to eight detached ADUs on a lot with an existing multi-family dwelling, if each detached ADU satisfies the following limitations:
i. The side and rear setbacks are at least four feet. If the existing multifamily dwelling has a rear or side setback of less than four feet, the City will not require any modification to the multi-family dwelling as a condition of approving the ADU.
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7 ii. The peak height above finished grade does not exceed the applicable height limit in Subparagraphs G.2.a through G.2.c of this Section. iii. If the lot has an existing multi-family dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
2. ADU Permit.Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314-66322. Except for Class 1 ADUs approved under subsection F.1 above, all ADUs are subject to the standards set forth in subsections G and H below.
a. Except as allowed under Subparagraph E.1 of this Section, no ADU may be created without a Building Permit and an ADU Permit in compliance with the standards established in Subsections G and H of this Section. b. An ADU Permit shall be processed in compliance with the standards established in Section F.3Chapter 18.170 (Zoning Permit). c. The City may charge a fee to reimburse it for costs incurred in processing ADU Permits, including any 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. Completeness
i. The City will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the City receives the application submittal.
ii. If the City determination under subsection F.3.a.i above is that the application is incomplete, the City’s notice must list the incomplete items and describe how the application can be made complete. iii. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the City to be incomplete.
iv. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the City will determine in writing whether the additional information remedies all the incomplete items that the City identified in its original notice.
The City may not require the application to include an item that was not included in the original notice.
v. If the City does not make a timely determination as required by this subsection (a), the application or resubmitted application is deemed complete for the purposes of subsection F.3.c below.
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8 vi. An applicant may appeal the City’s determination that the application is incomplete by submitting a written appeal to the City Clerk. The Planning Commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
a.b. An ADU Permit shall be considered and approved ministerially, without discretionary review or a hearing.
b.c. 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 shall be 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. An application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, in which case the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to for the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
d. If the City denies an application to create an ADU or JADU, the City shall provide the applicant written comments that include 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 F.3.c of this Section.
c.e. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
d.f. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time.
G. General Development Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs that are approved under Subsection E.1 or E.2 of this Section:
1. Zoning.
a. An Class 1 ADU or JADU subject only to a Building Permitapproved under Subsection EF.1 of this Section may be created on any lot in a residential or mixed-use zoning district.
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9 b. An Class 2 ADU or JADU subject to an ADU Permitapproved under Subsection EF.2 of this Section may be created on any lot in a zoning district that allows single-family residential uses or multi-family residential uses. b.c. In accordance with Government code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
2. Height. All ADUs shall comply with the following height requirements, measured above finished grade to the peak of the structure:
a. Except as otherwise provided by Subparagraphs G.2.b and G.2.c of this Section, a detached ADU created on a lot with an existing or proposed singlefamily or multi-family 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 multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the California Public Resources Code. 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 multi-family dwelling that has more than one story above finished 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 zoning district that applies to the primary dwelling, whichever is lower. This requirement shall not require the City to allow an ADU to exceed two stories.
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. An ADU or JADU may be rented separate from the primary residence for a rental term of 30 days or longer.
5. Separate Conveyance. An ADU or JADU shall not be sold or otherwise conveyed separately from the primary residence (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot), except as allowed under Government Code Section 66341.
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. Owner Occupancy.
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10 a. ADUs are not subject to owner-occupancy requirements. b. 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 does not apply if the JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure), or 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 except as allowed under State law.
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 to 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 Municipal Code. e. The deed restriction is enforceable by the Zoning Administrator or their 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.
9. Income reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Chapter 13 of Division 1 of Title 7 of California Government Code, each building permit application must include an estimate of the projected annualized rent that will be charged for the ADU or JADU.
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11 10. Building and Safety.
a. Building Code. Subject to Subsection F.10.b of this Section, 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 G.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.
11. Certificate of Occupancy Timing
a. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. b. Notwithstanding subsection G.11.a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
i. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. ii. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation. iii. The ADU has been issued construction permits and has passed all required inspections.
i.iv. The ADU is not attached to the primary dwelling.
H. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU Permit under Paragraph EF.2 of this Section. No application of any requirements in this Subsection shall prevent the construction of an attached or detached ADU of at least 800 square feet with four-foot side and rear setbacks.
1. Maximum Unit Size.
a. The maximum size of a detached or attached ADU subject to this Subsection is 1,200 square feet.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
2. Setbacks. ADUs subject to this Subsection shall comply with the following setbacks.
Setbacks are measured from property lines or vehicular easements, whichever is applicable.
a. Attached and Detached ADUs.
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12 i. Front Setbacks. Front setback requirements shall comply with the following:
(1) Single-Family Residential Zoning District R-20: 25 feet. (2) Single-Family Residential Zoning Districts R-15, R-10, R-10A, R-7, R-6, and Single-Family PUDs/PPDs: 20 feet.
(3) Mangini-Delu Residential Zoning District RMD: 15 feet. (4) Multiple-Family Residential Zoning Districts MFM, MFH, MFVH: 10 feet;
(5) Multiple-Family Residential Zoning Districts PUD/PPD, MFL, MFVL: 15 feet.
(6) Mixed-Use Zoning Districts MX-N and MX: 15 feet.
(7) Mixed-Use Zoning District MX-HD: 10 feet.
(8) Mixed Use Zoning District MX-VHD: 5 feet.
ii. Side and Rear Setbacks. The side and rear setbacks for all ADUs shall be a minimum of four feet.
iii. If the ADU is constructed in the same location and to the same dimensions as an existing structure, no additional setbacks are required.
3. Floor Area Ratio (FAR). No ADU subject to this Subsection shall cause the total FAR of the lot to exceed that of the underlying zoning district.
4. Lot coverage. No ADU subject to this Subsection, shall cause the total lot coverage to exceed the maximum lot coverage requirements of the underlying zoning district as follows:
a. Single-Family Residential Zoning Districts R-20 and, R-15: 25 percent maximum lot coverage.
b. Single-Family Residential Zoning Districts R-10: 30 percent maximum lot coverage.
c. Single-Family Residential Zoning Districts PUD/PPD, R-10A, R-7, R-6 and Single-Family PUD/PPDs: 35 percent maximum lot coverage. d. Mangini-Delu Residential Zoning District RMD: 70 percent maximum lot coverage.
e. Multiple-Family Residential Zoning Districts PUD/PPD, MFRVL, and MFRL: 40 percent maximum lot coverage.
f. Multiple-Family Residential Zoning District MFM: 50 percent maximum lot coverage.
g. Multiple-Family Residential Zoning District MFH: 60 percent maximum lot coverage.
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13 h. Multiple-Family Residential Zoning District MFVH: 70 percent maximum lot coverage.
i. Mixed-Use Zoning Districts MX-N, MX, MX-HD, MX-VHD: There is no lot coverage or FAR maximum established for residential uses in mixed-use zoning districts.
5. Open Space. No ADU may cause the site to be less than the following open space provisions for multi-family and mixed-use zoning districts:
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. b. 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.
c. 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 no dimension is 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 ADU(s) shall cause the total landscaping of the lot to be less than that required in the underlying zoning district as follows:
a. Single-Family Residential Zoning Districts (including PUD and PPD singlefamily residential): Minimum of 50 percent of the front yard setback area is to be landscaped.
b. Mangini-Delu Residential Zoning District RMD: At least 35 percent of the site shall be landscaped.
c. Multi-Family Residential Zoning Districts.
i. Multi-Family Residential Zoning Districts MFVL and MFL: At least 35 percent of the site shall be landscaped.
ii. Multi-Family Residential Zoning District MFM: At least 30 percent of the site shall be landscaped.
iii. Multi-Family Residential Zoning Districts PUD/PPD and MFH: At least 25 percent of the site shall be landscaped.
iv. Multi-Family residential zoning district MFVH: At least 15 percent of the site shall be landscaped.
d. Mixed-Use Zoning Districts.
i. Mixed-Use Zoning District MX-N: At least 25 percent of the site shall be landscaped.
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14 ii. Mixed-Use Zoning Districts MX, MX-HD, and MX-VHD: At least 15 percent of the site shall be landscaped.
7. Passageway. No passageway, as defined by Subsection D.9 of this Section, is required for an ADU.
8. Parking.
a. General Requirements. One off-street parking space is required for each ADU.
The parking space may be provided in setback areas or as tandem parking.
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. Off-street parking for ADUs is not required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in Paragraph D.11 of this Section.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is located fully within the proposed or existing primary residence or an existing accessory structure.
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 multi-family dwelling on the same lot; provided, that the ADU or the lot satisfies any other criteria listed in Subsections H.8.b.i through H.8.b.v of this Section. 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, 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.
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15 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 ground-level ADU shall provide privacy between the ADU and adjacent parcels:
11.10. Fence. A with a solid fence at least six feet in height;. a. Landscaping. A landscape screen at least six feet in height that complies with the following requirements:
i. Trees. At least one 15-gallon size evergreen tree that is six feet tall at the time of installation for every 10 linear feet of exterior wall of the ADU;
ii.i. Landscaping shall be drought tolerant.
12.11. 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 must be located so as to not be visible from any public right-of-way.
I. Fees.
1. Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. b. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C) and is therefore not subject to school fees under Education Code section 17620.
b.c. 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.
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 deed-restricted 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.
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16 J. Nonconforming Zoning Conditions, Building Code Violations, and Unpermitted Structures.
1. General Requirements. 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 and JADUs 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 or JADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards; or ii. The ADU or JADU does not comply with State ADU or JADU law (Chapter 13 of Division 1 of Title 7 of the California Government Code) or the standards of this Section.
b. Exceptions.
i. Notwithstanding Subparagraph J.2.a of this Section, the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
ii. Subparagraph J.2.a of this Section does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.
K. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards established in this Section may be allowed by the City with a Use Permit, in accordance with the other provisions of this Title.
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