SAN JOAQUIN CITY COUNCIL REGULAR MEETING
JOINT MEETING WITH PLANNING COMMISSION
SAN JOAQUIN COUNCIL CHAMBERS
21991 COLORADO AVE (A)
SAN JOAQUIN, CA
TUESDAY, DECEMBER 9, 2025
6:00 P.M.
MEMBERS OF THE COUNCIL WILL BE IN ATTENDANCE AT THE MEETING.
MEMBERS OF THE PUBLIC MAY ATTEND AND PARTICIPATE IN THIS MEETING
IN PERSON OR BY ZOOM OR SUBMIT WRITTEN COMMENTS AT CITY HALL OR BY EMAIL PRIOR TO THE MEETING AT [email protected].
ZOOM INFORMATION:
https://us02web.zoom.us/j/84716154964?pwd=Puqr2CfqtPf5NWt6lXzdKJsuqBhrli.1 MEETING ID: 847 1615 4964
PASSCODE: 410035
TELEPHONE NUMBER: 1-669- 444-9171
The City Council welcomes you. All attendees are advised that pagers, cell phones, and any other communication devices should be powered off upon entering the Council meeting.
The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called.
For each agenda item considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals. Public comments from those in attendance will then be taken. All public comments will be limited to three minutes per person.
LEVINE ACT CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURE.
The Political Reform Act in Govt Code Section 84308 restricts campaign contributions over $500 to a decision-making public official from a party or participant or their agent in a proceeding involving a contract, license, permit or entitlement for use. The Act requires disclosure of the contribution and recusal where a decision-maker has received $500 or more from a party or participant to a proceeding in the prior 12 months.
A Council Member’s disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. ______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org CONFLICT OF INTEREST DISCLOSURES AND RECUSAL. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure when the item is called and recuse themselves
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL
Adam Flores-Cornejo Mayor
Martha Mejia Mayor Pro Tem
Cristina Covarrubia Councilmember
Abel Lua Councilmember
Rosa M. Ramirez Councilmember
2. APPROVAL OF AGENDA –
3. CITY COUNCIL ANNUAL REORGANIZATION - (Enclosure P. 1, Action Item) SUBJECT: City Council Annual Reorganization
RECOMMENDATION: That the City Council:
3.1 Approve a minute order making the appointment of Mayor to serve a one-year term;
3.2 Approve a minute order making the appointment of Mayor Pro-Tem to serve oneyear period; and
3.3 Make appointments of Representatives to Various Committees A. Fresno COG, FCRTA and Fresno County TRMF Agency Board B. Measure G-GPUSD Board
C. San Joaquin Valley Air District Board
D. Measure Q Board
E. Upper Kings Basin IRWMA
4. PRESENTATION –
5. PROCLAMATION –
6. CONSENT CALENDAR –
All items listed under Consent Calendar are considered to be routine and will be enacted by one motion. For discussion of any Consent Item, it will be considered separately at the request of any member of the City Council or any person in the audience - A. SUBJECT: Minutes of the Regular City Council Meeting of November 4, 2025.
RECOMMENDATION: Council approve the Minutes of the Regular City Council Meeting of November 4, 2025. (Enclosure P. 3, Action Item) B. SUBJECT: Warrants #’s 056742-056812.
RECOMMENDATION: Council approve Warrant #’s 056742-056812 as presented. (Enclosure P. 6, Action Item)
D. SUBJECT:.
RECOMMENDATION:
7. SHERIFF REPORT – (Enclosure P. 15, Informational Only)
8. CITY MANAGER REPORT – Informational Only
9. CITY ATTORNEY REPORT – Informational Only
10. COUNCILMEMBER COMMUNICATIONS/ANNOUNCEMENTS/AGENDA
ITEMS
This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to initiate new matters and to request updates, (iii) and to initiate new agenda items.
Under this section the Council may take action only on items specifically agendized and which meet other requirements for actions.
11. PUBLIC FORUM –
This part of the meeting is for members of the public to address the City Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the City Council of the City of San Joaquin. If you wish to comment on an item which is not on the agenda, you may do so at this time and each speaker is limited to three (3) minutes.
Speakers are asked, but not required, to state their name and address and to use the microphone. The Council is prohibited by law from taking action on items not on the agenda. Discussion shall be limited to referring the item to staff and possible scheduling on a future council agenda.
12. PUBLIC HEARINGS –
13. SAN JOAQUIN PLANNING COMMISSION –
A. SUBJECT: Accessory Dwelling Unit Ordinance Amendments RECOMMENDATION: That the Planning Commission adopt Resolution No. 2025- 47 recommending that the City Council adopt the amendments to the Accessory Dwelling Unit Ordinance in compliance with recent state legislation. The ordinance repeals Sections 154.235 through 154.241 of Subchapter in Chapter 154 of Title XV of the San Joaquin Municipal Code and Adds New Subchapter Titled “Accessory Dwelling Units And Junior Accessory Dwelling Units” to Chapter 154 of Title XV of the San Joaquin Municipal Code Sections 154.235 through 154.242 (Enclosure P. 16, Action Item)
14. OLD BUSINESS –
15. NEW BUSINESS –
A. SUBJECT: Changing the date of the Regular January City Council Meeting to Tuesday, January 13, 2026.
RECOMMENDATION: Council set the date for the Regular January City Council Meeting to Tuesday, January 13, 2026. (No Enclosure, Council to provide direction to Staff)
16. CLOSED SESSION –
17. ADJOURN MEETING –
NOTICE OF ADA COMPLIANCE: If you or anyone in your party needs assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g. hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City Office at (559) 693-4311 so such aids or services can be arranged. Request may also be made by email to the City Clerk at [email protected] or mailed to San Joaquin City Hall, P.O. Box 758, San Joaquin, CA 93660. Accommodations should be requested as early as possible as additional time may be required in order to provide the request accommodation is suggested.
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council regarding within 72 hours of the meeting regarding any items on this agenda will be made available for public inspection at the City Clerk’s Office located at City Hall, 21900 Colorado Avenue during normal business hours and on the City’s website at www.cityofsanjoaquin.org
CERTIFICATION OF POSTING
I, Alondra Bautista, City Clerk of the City of San Joaquin, do hereby declare that the foregoing agenda for the regular San Joaquin City Council Meeting of Tuesday, December 9, 2025 was posted at the following locations: City Hall, 21900 Colorado Avenue, San Joaquin Senior Center, 21991 Colorado Ave (B) and US Post Office 8667 Ninth Street on Thursday, December 4, 2025 by 5:00 P.M.
*NEXT REGULAR COUNCIL MEETING SCHEDULED TUESDAY, JANUARY 6, 2025*
STAFF REPORT TO COUNCIL
December 9, 2025
TO: Mayor and Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Appointment of Mayor and Mayor Pro-Tem; Council Committee Assignments Recommendation
Staff recommends Council:
1) appoint, via a motion and vote, one of its members to serve as Mayor; 2) appoint, via a motion and vote, one of its members to serve as Mayor Pro-Tempore; and 3) appoint via separate motion and vote positions to Commissions and Boards requiring Council action.
Executive Summary
The San Joaquin Municipal Code (SJMC) states that the Council is to select a Mayor and Mayor Pro-Tempore at its December Meeting. Council has also had the practice of reviewing Council assignments to outside commissions and boards at that meeting.
Background
A. Mayor and Mayor Pro Tem
SJMC Section 30.21 states that the Council must select from amongst its members to serve as Mayor and Mayor Pro-Tem at the December meeting.
It is recommended that the Council select each person by separate motion. The action for selection of Mayor should be taken first. The selected person will take his or her position on the dais. The next action will be for Mayor Pro Tem.
B. Assignments to other Commissions and Boards
There are three ways to classify the designation of assignments:
1. Mayor serves in the assignment by right of the Mayor’s position;
2. Mayor selects who serves in the assignment.
3. Council selects who serves in the assignment.
The following assignments are automatic and need no further consideration by Council at this time:
• Mayor’s Selection Committee: Mayor sits by right.
1 REPORT TO CITY COUNCIL
• Fresno COG: Mayor sits by right.
• RTMF Primary: Mayor sits by right (because he/she is representative to COG) and the Alternate chosen for COG also serves as the Alternate for the RTMF The following assignments need to be determined by the Mayor:
• Mayor’s Selection Committee: Mayor designates alternate in writing.
That leaves the following assignments be determined by the Council (when listing current representatives in bold, Primary is listed first, followed by the Alternate):
• Fresno COG: Alternate selected by Council (this Alternate will also serve as RTMF Alternate). (Currently Mejia)
• FCRTA: Primary and Alternate selected by Council (Currently Flores-Cornejo and Mejia)
• San Joaquin Valley Air District Board: Primary and Alternate selected by Council. (Currently Covarrubia and Flores-Cornejo)
• Upper Kings Basin IRWMA: Primary and Alternate selected by Council. (Currently Mejia and City Manager Cabrera)
2 SAN JOAQUIN CITY COUNCIL REGULAR MEETING
MINUTES
TUESDAY, NOVEMBER 4, 2025
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL
Mayor Adam Flores-Cornejo Present
Mayor Pro Tem Martha Mejia Present
Councilmember Cristina Covarrubia Present
Councilmember Abel Lua Present
Councilmember Rosa M. Ramirez Absent
The meeting was called to order and the pledge of allegiance led by Mayor Flores-Cornejo at 6:00 p.m.
2. APPROVAL OF AGENDA –
No requests were made. A motion was made by Councilmember Lua to approve the agenda, seconded by Mayor Pro Tem Mejia. Motion passed 4-0 (Absent: Ramirez)
3. PRESENTATION –
4. PROCLAMATION –
5. CONSENT CALENDAR –
A. SUBJECT: Minutes of the Regular City Council Meeting of October 6, 2025.
RECOMMENDATION: Council approve the Minutes of the Regular City Council Meeting of October 6, 2025.
B. SUBJECT: Minutes of the Special City Council Meeting of October 20, 2025.
RECOMMENDATION: Council approve the Minutes of the Special City Council Meeting of October 20, 2025.
C. SUBJECT: Warrants #’s 056601-056741.
RECOMMENDATION: Council approve Warrant #’s 056601-056741as presented. ______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org 3 A motion was made by Councilmember Lua to adopt the Consent Calendar, seconded by Mayor Pro Tem Mejia. Motion passed 4-0 (Absent: Ramirez)
6. SHERIFF REPORT
Deputy Swain provided his monthly report.
7. CITY MANAGER REPORT
City Manager Cabrera provided her report.
8. CITY ATTORNEY REPORT
The City Attorney provided her report.
9. COUNCILMEMBER COMMUNICATIONS/ANNOUNCEMENTS/AGENDA ITEMS Mayor Flores-Cornejo provided his announcements. Comments were made by Councilmember Lua and Councilmember Covarrubia.
10. PUBLIC FORUM –
Members of the Public provided comments.
11. PUBLIC HEARINGS –
A. SUBJECT: 21-CDBG-NH-20001 Contract Closeout – Public Hearing RECOMMENDATION: Receive staff report summarizing the accomplishments performed under State CDBG Agreements 21-CDBG-NH-20001; solicit citizen input regarding expenditures and accomplishments of the funding received under this contract and direct staff to proceed with submitted required documents for closeout to the State.
At 6:26 p.m., Mayor Flores-Cornejo opened the hearing to the Public. No comments were made by the Public. At 6:30 p.m., Mayor Flores-Cornejo closed the hearing to the public. A motion was made by Councilmember Lua to proceed with the Grant closeout, seconded by Councilmember Covarrubia. Motion passed 4-0 (Absent: Ramirez).
12. SAN JOAQUIN PLANNING COMMISSION –
13. OLD BUSINESS –
14. NEW BUSINESS –
4 A. SUBJECT: Council Consideration to participate in the Public Agency Coalition Enterprise (PACE) Medical Benefits Program and designate representatives to the PACE JPA Board of Directors
RECOMMENDATION:
1. Council adopt Resolution 2025-53 authorizing Execution of MOU and Participation in the PACE Medical benefits Program
2. Council adopt Resolution 2025-54 Designation of the Representative and Alternate Representative to the PACE JPA Board of Directors.
City Manager Cabrera presented the item with the following revisions to the Staff Report.
The total annual premium for the new medical insurance is $280,940 making this an increase of $60,558 compared to the City’s current provider. Councilmember Lua made a motion to approve the item with the City Managers revisions, seconded by Councilmember Covarrubia. Motion passed 4-0 (Absent: Ramirez).
B. SUBJECT: Council Consideration of rescheduling the December 2nd Regular Council meeting to Tuesday, December 9th, 2025.
RECOMMENDATION: City Council discuss and provide staff direction on rescheduling the regular December City Council Meeting to held December 9th, 2025.
A motion was made by Mayor Flores-Cornejo to approve the rescheduling, seconded by Mayor Pro Tem Mejia. Motion passed 4-0 (Absent: Ramirez).
15. CLOSED SESSION –
16. ADJOURN MEETING –
At 6:42 p.m., with no other business remaining before the City Council, a motion was made by Mayor Pro Tem Mejia to adjourn the meeting, seconded by Councilmember Lua.
Motion passed 4-0 (Absent: Ramirez).
5 6
7 8
9 10
11 12
13 14
Area 1 - San Joaquin CAD (Monthly View)
Calls for Service - Per Hour (Not Self-Initiated)
5 1
4 2
1 3
1 2
4 2
1 5
4 3
8 5
3 2
6 8
3 5
8 6
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Time of Day
0 2
4 6
8 # of CAD Events
Calls for Service - Type
Call for Service Type # of CAD Events
PATROL CHECKS 50
VEHICLE STOP 35
9-1-1 EMERGENCY UNKNOWN 33
AMBULANCE REQUEST 26
DIRECTED PATROL CHECK 25
FOLLOW-UP 8
MISC. INVESTIGATION 7
COPS ACTIVITY IN SCHOOLS 5
CITIZEN ASSIST 5
SUBJECT CHECK 4
ADMINISTRATIVE MEETING 3
DOMESTIC VIOLENCE 3
DISTURBANCE 2
PUBLIC HAZARD 2
INFORMATION 2
NOISE NUISANCE 2
CHECK WELFARE 2
OUT OF CONTROL JUVENILE 2
AUDIBLE BURGLAR ALARM 2
ATTEMPT PICK UP 1
CHILD ABUSE 1
BATTERY 1
DRONE REQUEST 1
CIVIL PROCESS 1
MENTALLY UNSTABLE PERSON 1
DOMESTIC DISTURBANCE 1
EQUIPMENT REPAIR 1
FIRE 1
HIT AND RUN VEHICLE 1
INJURED PERSON 1
MOTOR ASSIST 1
NON-INJURY VEHICLE ACCIDENT 1
REPOSSESSION 1
SEX OFFENSE 1
THREATENING CALL 1
VANDALISM 1
LOST/FOUND PROPERTY 1
RESTRAINING ORDER VIOLATION 1
TRESPASS 1
VEHICLE CHECK 1
Totals 239
Calls for Service - By Day (Not Self-Initiated)
Day of Week # of CAD Events
Sunday 22
Saturday 21
Friday 12
Thursday 12
Monday 9
Wednesday 8
Tuesday 8
Totals 92
Total Calls for Service (Not Self-Initiated)
92 San Joaquin
0 25
50 75
# of CAD Events
Shots Fired Calls
Call Type # of CAD Events
Totals
No Results
Total Calls for Service
239
San Joaquin
0 50
100
150
200
# of CAD Events
Traffic Accidents
Call Type # of CAD Events
HIT AND RUN VEHICLE 1
NON-INJURY VEHICLE ACCIDENT 1
Totals 2 16
Total Reports
Generated on December 1, 2025 at 6:58 PM UTC
15 STAFF REPORT TO PLANNING COMMISSION
December 9, 2025
TO: Planning Commission
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Accessory Dwelling Unit Ordinance Amendments
Recommendation:
Staff recommends that the Planning Commission adopt Resolution No. 2025-47 recommending that the City Council adopt the amendments to the Accessory Dwelling Unit Ordinance in compliance with recent state legislation. The ordinance repeals Sections 154.235 through 154.241 of Subchapter in Chapter 154 of Title XV of the San Joaquin Municipal Code and Adds New Subchapter Titled “Accessory Dwelling Units And Junior Accessory Dwelling Units” to Chapter 154 of Title XV of the San Joaquin Municipal Code Sections 154.235 through 154.242 Executive Summary
This is a request for the Planning Commission to review and recommend that the City Council adopt the amended Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Ordinance. The ordinance was amended to comply with recent State legislation related to ADU and JADU development. The updated ordinance incorporates State-mandated provisions, clarifies definitions, establishes objective development standards, and streamlines the ministerial review process. The amendments ensure consistency with current State housing laws, promote the development of additional housing opportunities within existing neighborhoods, and provide clear direction to applicants and staff. The amended ADU and JADU Ordinance is attached as Exhibit A.
CEQA Determination
The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and has been determined to be exempt under CEQA Guidelines Section 15061(b)(3), the “common sense exemption.” This exemption applies because it can be seen with certainty that the activity will not have a significant effect on the environment. Therefore, no further environmental review is required.
Background
California is facing a state-wide housing crisis, with rising housing costs, and a shortage of affordable housing options. In recent years, state law related to ADUs was amended through the adoption of various legislative bills to further facilitate and encourage the creation of ADUs and in some cases JADUs. Furthermore, the City’s 2023-2031 6 th Cycle Housing Element, Program 11
includes objectives such as the implementation of recent ADU legislation, streamlining local permitting processes, and providing public education and outreach to encourage ADU 16 2
development. These objectives aim to increase housing options and affordability in the City of San Joaquin by encouraging and facilitating ADU production.
In March 2021, the City adopted an ADU ordinance that amended the San Joaquin Municipal Code (SJMC), Chapter 154 (Zoning Ordinance) to permit ADUs and JADUs to meet the requirements of state law. Over the past several years, the State has continued to refine and strengthen ADU law to remove local barriers and expand development opportunities. Between March 2021 and October 2025, the California Legislature has expanded and streamlined Accessory Dwelling Unit (ADU) development by clarifying the number of units permitted on single-family and multifamily lots, removing owner-occupancy requirements, and enabling separate sales of ADUs under certain conditions. Laws passed between 2021 and 2025 also refined development standards, expedited permitting through pre-approved plans, and strengthened state oversight of local ADU regulations.
The most recent updates clarified Junior ADU rules and introduced amnesty for unpermitted units, further promoting housing flexibility and production.
17 RESOLUTION NO. 2025-47
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN JOAQUIN, CALIFORNIA
RECOMMENDING CITY COUNCIL APPROVAL OF THE
ADOPTION OF THE ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS
ORDINANCE IN THE CITY OF SAN JOAQUIN
MUNICIPAL CODE
WHEREAS, the City of San Joaquin adopted the Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Ordinance in March 2021; and WHEREAS, the State of California passed several legislative bills related to ADUs and JADUs since 2021 including- Senate Bill 9 (SB 9) - 2021, Assembly Bill 345 (AB 345) - 2021, AB 2221- 2022, SB 897- 2022, AB 976 - 2023, AB 1033 - 2023, AB 1332 - 2023, AB 434 - 2023, SB 477- 2024, AB 2533 - 2024, SB 1211 - 2024, and SB 543– 2025; and WHEREAS, the Planning Commission held a public hearing on December 9, 2025, where it received and considered the staff report and all the information, evidence, and testimony presented in connection with the proposed ADU Ordinance; and
WHEREAS, the 6
th Cycle Housing Element, Program 11 includes objectives such as the implementation of recent ADU legislation, streamlining local permitting processes, and providing public education and outreach to encourage ADU development; and WHEREAS, per the California Environmental Quality Act (CEQA), the project was reviewed and determined to be exempt under CEQA Guidelines Section 15061(b)(3), the “common sense exemption.” This exemption applies because it can be seen with certainty that the activity will not have a significant effect on the environment.; and
NOW, THEREFORE, the Planning Commission of the City of San Joaquin finds, determines, and resolves as follows:
1. The Planning Commission finds that all of the facts set forth in the Recitals in this Resolution are true and correct and are incorporated herein by reference.
2. The Planning Commission finds that the proposed Accessory Dwelling Units and Junior Accessory Dwelling Units Ordinance is consistent with the Goals and Policies of the General Plan.
3. The Planning Commission finds that the proposed Accessory Dwelling Units and Junior Accessory Dwelling Units Ordinance to be exempt under CEQA Guidelines Section 15061(b)(3), the “common sense exemption.”
4. The Planning Commission recommends that the City Council approve the ADU ordinance attached as Exhibit A and incorporated herein by reference. 18 5. This Resolution is effective upon adoption.
The forgoing resolution was adopted at a regular council meeting of the Planning Commission of the City of San Joaquin the 9th day of December 2025, and passed at said meeting with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Adam Flores-Cornejo, Mayor
City of San Joaquin
ATTEST:
______________________________________
Alondra Bautista, City Clerk
City of San Joaquin
Approved as to Legal Form:
Hilda Cantú Montoy
City Attorney
Exhibit A: Accessory Dwelling Units and Junior Accessory Dwelling Units Ordinance 19
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JOAQUIN REPEALING SECTIONS 154.235 THROUGH 154.241 OF
SUBCHAPTER IN CHAPTER 154 OF TITLE XV OF THE SAN
JOAQUIN MUNICIPAL CODE TITLED “ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS” AND
ADDING NEW SUBCHAPTER TITLED “ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS” TO
CHAPTER 154 OF TITLE XV OF THE SAN JOAQUIN MUNICIPAL
CODE SECTIONS 154.235 THROUGH 154.242
THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN DOES ORDAIN AS FOLLOWS:
SECTION 1. Current Subchapter of Chapter 154 of Title XV of the San Joaquin Municipal Code, which is titled “Accessory Dwelling Units and Junior Accessory Dwelling Units” and set for the in Sections 154.235 through 154.241 is repealed.
SECTION 2. New Subchapter titled “Accessory Dwelling Units and Junior Accessory Dwelling Units” is added to Chapter 154 of Title XV of the San Joaquin Municipal Code to read as follows:
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS §154.235. PURPOSE.
This subchapter is intended to implement the provisions of California Government Code Section 66310et seq.
§ 154.236 APPLICABILITY/PERMITTED LOCATIONS.
Accessory dwelling units are allowed on lots zoned for single-family residential uses, which contain or are proposed to be developed with a single-family dwelling, or on lots zoned for multi-family residential or mixed-use residential uses, which contain or are proposed to be developed with multifamily dwellings. Subject to standards of this section, accessory dwelling units may be attached, detached, or located within an existing primary residence or an accessory structure. Junior accessory dwelling units shall only be allowed on lots zoned for single-family residential use, and which are contained in, or are proposed to be developed with a single-family dwelling.
§ 154.237 DEFINITIONS
The following definitions apply to this section. In the event of conflict or inconsistency with Government Code Section 66313, including any amendments or successor statutes thereto, the state law shall govern.
ACCESSORY DWELLING UNIT (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. It shall include permanent 20
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the singlefamily or multifamily dwelling is or will be situated. An accessory dwelling unit may also include the following:
(a) An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code.
(b) A manufactured home, as defined in Section 18007 of the California Health and Safety Code.
ACCESSORY STRUCTURE means a structure that is accessory and incidental to a dwelling located on the same lot.
EFFICIENCY UNIT has the same meaning as defined in Section 17958.1 of the California Health and Safety Code.
JUNIOR ACCESSORY DWELLING UNIT (JADU) means a unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
LIVABLE SPACE means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
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.
MULTIFAMILY DWELLING means a structure containing two or more attached primary dwelling units, not including accessory dwelling units or junior accessory dwelling units. Multiple detached single-family dwellings on the same lot are not a multifamily dwelling for the purposes of state ADU law.
NONCONFORMING ZONING CONDITION means a physical improvement on a property that does not conform to current zoning standards.
OBJECTIVE STANDARDS means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
PASSAGEWAY means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
PROPOSED DWELLING means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
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. 21
SINGLE-FAMILY DWELLING means a structure containing no more than one primary dwelling unit, not including accessory dwelling units or junior accessory dwelling units.
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. § 154.238 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS GENERAL REQUIREMENTS.
Accessory dwelling units and junior accessory dwelling units shall be subject to the provisions in this subsection.
A. Accessory dwelling units are subject to the objective development standards of set forth in the Table in Section 154.239. Junior accessory dwelling units are subject to the objective development standards set forth in the Table in Section 154.240. State exemption accessory dwelling units and junior accessory dwelling units shall be subject to the same development standards, provided that any development standard that is in conflict or inconsistent with Section 154.241, below, shall not be applicable.
B. Zoning.
(1) The City shall not impose any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings, that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (2) Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located. ADUs which conform to Government Code section 66314 shall not be considered to exceed the allowable density for the lot.
(3) Accessory dwelling units are a residential use consistent with the City’s General Plan and Land Use Designation for the lot.
C. MAXIMUM NUMBER.
(1) Single-family. For a lot with an existing or proposed single-family dwelling, no more than one accessory dwelling unit and one junior accessory dwelling unit.
(2) Multifamily.
(a) For a lot with a proposed or existing multiple-family residential development, at least one accessory dwelling unit and/or junior accessory dwelling unit, but no more than a number of accessory dwelling units/junior accessory dwelling units equaling 25% of the existing dwelling units, rounded 22
up, within the portions of the existing multiple-family residential structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; and
(b) No more than two detached accessory dwelling units on a lot that has an existing multiple-family residential structure.
D. OWNERSHIP AND RENTAL.
The accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary dwelling. The primary dwelling unit and the accessory dwelling unit shall remain under the same ownership. The accessory dwelling unit shall not be sold separately from the primary dwelling unit, except when the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation and meets all the requirements of Section 66341 of the Government Code, including any amendments or successor statutes thereto.
E. SHORT-TERM RENTAL PROHIBITED.
An accessory dwelling unit or junior accessory dwelling unit shall not be rented for a period of fewer than 30 days.
F. DWELLING REQUIRED.
An accessory dwelling unit or junior accessory dwelling unit shall be used solely as a dwelling. Accessory dwelling units and junior accessory dwelling units shall not be utilized as ancillary or accessory uses, including, but not limited to, events, storage, home office, gym/workout studio, and greenhouse.
G. NO TRAILER OR RECREATIONAL VEHICLE.
A trailer or any other recreational vehicle may not be maintained as an accessory dwelling unit or junior accessory dwelling unit on a residential lot.
H. DEMOLITION OF DETACHED GARAGE.
A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the accessory dwelling unit application and issued at the same time.
I. FEES.
(1) No impact fees, as defined in Government Code Section 66324(c)(2), shall be imposed on junior accessory dwelling units or accessory dwelling units of less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(2) An accessory dwelling unit shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for 23
utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
J. COVENANT AND DEED RESTRICTIONS.
An applicant for the issuance of building permits to construct accessory dwelling units and/or junior accessory dwelling units shall not be required as a condition for the issuance of a building permit, to record any covenant related to the accessory dwelling units or junior accessory dwelling units except under either of the following circumstances:
(A) Prior to the issuance of a certificate of occupancy for an approved junior accessory dwelling unit, the applicant for the junior accessory dwelling unit shall file with the City and record with the County Recorder a covenant running with the land, acceptable to the City as to form and content, covenanting that:
(1) the junior accessory dwelling unit is prohibited from being sold separately from the sale of the single-family residence located on the lot containing the junior accessory dwelling unit, including a statement that the covenant may be enforced against future purchasers.
(2) the junior accessory dwelling unit shall be limited to the size, development standards and attributes permitted under this section and applicable state law.
(B) Prior to the issuance of a certificate of occupancy for an accessory dwelling unit meeting the requirements of Government Code, section 66341, as may be amended, shall file with the City and record with the County recorder a covenant or agreement, acceptable to the City as to form and content, containing all of the applicable restrictions set forth in Government Code, section 66341, as may be amended.
K. CERTIFICATE OF OCCUPANCY.
A certificate of occupancy for an accessory dwelling unit or junior accessory dwelling unit shall not issue before a certificate of occupancy for the primary dwelling.
L. DEMOLITION.
The demolition of a detached garage that is to be replaced with an accessory dwelling unit shall not be required to provide written notice or post a placard for the demolition, unless the property is located within an architecturally and historically significant district. § 154.239 ACCESSORY DWELLING UNITS.
Accessory dwelling units are subject to the development standards in the following table.
Table 154.239: Development Standards For
Accessory Dwelling Units (ADU)
24
Feature Standard
Permitted Zone
Districts
R-1, R-2, R-3, C-O, C-1, C-2, C-3, C-M, M-1, M-2, and
AH including any lot with an existing legal
nonconforming dwelling.
Attached/Detached An attached ADU shall be located within, a proposed or existing primary dwelling, including attached garages,
storage areas or similar uses, or an accessory structure.
An accessory dwelling unit is considered solely within
the existing or proposed space of another structure if it includes an expansion of not more than 150 square feet
beyond the same physical dimensions of the existing
structure, as long as that expansion beyond the physical dimensions of the existing structure is only for
accommodating ingress and egress and does not exceed
16 feet in height; or
A detached ADU shall be located on the same lot as the
proposed or existing primary dwelling, including
detached garages.
Minimum size A minimum square footage requirement for either an attached or detached accessory dwelling unit that
prohibits an efficiency unit.
Maximum size 850 square feet for a one bedroom ADU.
1,000 square feet when more than one bedroom is
proposed.
-- Attached to or within [an existing] primary dwelling [and not a conversion ADU]: 50% of the floor area of
the existing or proposed primary dwelling structure[1] up to a maximum size of 850 square feet for an ADU with
one bedroom, or 1,000 square feet when more than one
bedroom is proposed.
Setback, Front
Yard
As required by base zone district[2]
Setback, Interior
Side and Rear
Yard
4 feet[2] [3]
Setback, Street
Side
As required by base zone district
Maximum
Height[4]
-- Detached accessory dwelling unit on a lot with an
existing or proposed single-family or multifamily
dwelling: 16 feet
25
-- Detached accessory dwelling unit on a lot with an
existing or proposed single-family or multifamily
dwelling, within ½ mile walking distance of a major
transit stop or high quality transit corridor: 18 feet, with 2 additional feet to accommodate a roof pitch on the
accessory dwelling unit that is aligned with the roof
pitch of the primary dwelling
-- Detached accessory dwelling unit on a lot with an
existing or proposed multifamily, multistory dwelling:
18 feet
-- Attached accessory dwelling unit : 25 feet or height limitation applicable to primary dwelling, whichever is lower
Minimum Lot Size As required by base zone district. No minimum lot size requirements for ADUs.
Floor area ratio As required by base zone district. Limits on floor area ratio requirements cannot preclude the creation of an
ADU of at least 800 square feet that maintains four-foot rear and side setbacks.
Passageway None
Parking No more than one parking space per accessory dwelling unit.
Off-street parking shall be permitted in setback areas in locations determined by the City or through tandem
parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based
upon specific site or regional topographical or fire and life safety conditions.
Parking spaces provided by a garage, carport, covered
parking structure, or uncovered parking space that is
converted to an accessory dwelling unit shall not be
required to be replaced.
Parking spaces may be provided as tandem parking on a
driveway.
No parking spaces are required for an accessory
dwelling unit if any of the following apply:
1. The accessory dwelling unit is located within
one-half mile walking distance of a public transit stop;
2. The accessory dwelling unit is located within an
architecturally and historically significant structure;
3. The accessory dwelling unit is part of the
proposed or existing primary residence;
4. When on-street parking permits are required but
26
not offered to the occupant of the accessory dwelling
unit;
5. When there is a car share designated pick-up or
drop-off location within one block of the accessory
dwelling unit;
6. When a permit application for an accessory
dwelling unit is submitted with a permit application to create a new single-family dwelling or a new
multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any of the criteria in 1 through 5.
Multifamily
dwellings
Allowed within the portions of the existing multiplefamily residential structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. The
space must be converted to a livable space and granted a certificate of occupancy.
Landscaping New landscaping shall comply with the City’s Water Efficient Landscaping Ordinance requirements. (Section
7-18.01)
Architectural
standards
The architectural design and detailing, roof material,
exterior color, and finish materials of an accessory
dwelling unit shall be the same as those of the primary dwelling.
Utilities The accessory dwelling unit may be located on a lot or parcel which is served by a public sanitary sewer system.
An accessory dwelling unit proposed on a lot or parcel
that is not served by a public sanitary sewer system shall require approval by the county department of public
health, and any other applicable agencies, of a private sewage disposal system, prior to building and safety
division permit issuance.
The accessory dwelling units may, but shall not be
required to obtain separate connections for all utilities, including water and sewer service.
Fire sprinklers Not required if fire sprinklers were not required for the primary residence. The construction of an accessory
dwelling unit shall not trigger the requirement for
sprinklers for the primary dwelling.
Roof decks Not permitted.
Exterior Lighting As required by of the Zoning Ordinance. 27
[1] Including an attached garage, attached exterior storage space, or other structure that is attached to the primary dwelling, but not including the floor area of an accessory dwelling unit or junior accessory dwelling unit that is within or attached to the primary dwelling.
[2] Notwithstanding the above, no setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit or junior accessory dwelling unit; or for a new structure constructed in the same location as an existing structure where the conversion or new construction will have the same dimensions as the existing structure. [3] If an applicant wishes to convert an existing accessory structure to an accessory dwelling unit, and wishes to expand the physical dimensions of the existing accessory structure, the side and rear setback requirement for the expansion may be less than 4 ft. if the proposed setback would be sufficient to protect health and fire safety; provided, that the expansion shall not be more than 150 square feet beyond the physical dimensions of the existing accessory structure and the expansion shall be for the sole purpose of facilitating entrance to and exit from the accessory dwelling unit. [4] This maximum height requirement only applies to new construction. If an accessory dwelling unit will be located completely within an existing structure, then this requirement does not apply; provided, that the existing structure either is permitted or the owner can demonstrate to the reasonable satisfaction of the City that the existing structure was built prior to January 1, 1990.
§ 154.240 JUNIOR ACCESSORY DWELLING UNITS.
Junior accessory dwelling units shall be subject to the following additional requirements.
(A) Development Standards. Junior accessory dwelling units are subject to the development standards in the following Table.
Table 154.240: Development Standards For Junior Accessory Dwelling Units (JADU) Feature Standard
Zoning R-1, R-2, R-3, C-O, C-1, C-2, C-3, C-M, M-1, M-2, and AH including any lot with an existing legal nonconforming
dwelling.
Maximum size 500 square feet.
Location Must be constructed within the walls of the proposed or existing single-family residence, including existing spaces such as attached garages.
Entrance A separate entrance from the primary dwelling shall be provided.
If a proposed JADU does not include a separate bathroom, a 28
separate entrance from the main dwelling entrance shall be provided with an interior entry to the main living area.
Setback, Front Yard As required by base zone district.[1] Setback, Interior Side and
Rear Yard
4 feet[1] [2]
Setback, Street Side As required by base zone district
Maximum Height[4] Maximum height of proposed or existing primary dwelling.
Minimum Lot Size As required by base zone district.
Efficiency kitchen Required. An efficiency kitchen shall include (1) a cooking facility with appliances, and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
Architectural standards The architectural design and detailing, roof material, exterior color, and finish materials of a junior accessory dwelling unit shall be the same as those of the primary dwelling.
Multifamily dwellings Allowed within the portions of the existing multiple-family residential structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. The space must be converted to a livable space and granted a certificate of occupancy.
Parking None required.
Utilities The junior accessory dwelling unit may be located on a lot or parcel which is served by a public sanitary sewer system.
A junior accessory dwelling unit proposed on a lot or parcel that is not served by a public sanitary sewer system shall require approval by the county department of public health, and any other applicable agencies, of a private sewage
disposal system, prior to building and safety division permit issuance.
Junior accessory dwelling units are not required to obtain separate connections for all utilities, including water and sewer service.
Roof decks Not permitted.
Exterior Lighting As required by the Zoning Ordinance.
[1] Notwithstanding the above, no setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit or junior accessory dwelling unit; or for a new structure constructed in the same location as an existing structure where the conversion or new construction will have the same dimensions as the existing structure. [2] If an applicant wishes to convert an existing accessory structure to an accessory dwelling unit, and wishes to expand the physical dimensions of the existing accessory structure, the side and rear setback requirement for the expansion may be less than 4 ft. if the proposed setback would be sufficient to protect health and fire safety; provided, that the expansion shall not be more than 150 square feet beyond the physical dimensions of the existing accessory 29
structure and the expansion shall be for the sole purpose of facilitating entrance to and exit from the accessory dwelling unit.
(B) The city may require an inspection of the junior accessory dwelling unit, including the imposition of a fee adopted by city council resolution for that inspection, to determine if the junior accessory dwelling unit complies with the application therefor, and applicable building standards.
(C) For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (D) This section shall not be construed to prohibit the city from requiring parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as those requirements apply uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(E) A deed restriction running with the land must be recorded which provides that the unit shall not sold separately from the primary dwelling, and that the deed restriction may be enforced against future purchasers, and a restriction of the size and attributes of the junior accessory dwelling unit the conforms with this section. (F) Owner occupancy required. The owner must reside at the residence; they may reside in the primary residence or the junior accessory dwelling unit. This requirement shall not apply if the owner is another governmental agency, land trust, or housing organization. § 154.241 STATE EXEMPTION ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS.
(A) Only the objective development standards set forth in this section shall apply to the Accessory Dwelling Units and Junior Accessory Dwelling Units allowed under this section.
(B) Notwithstanding anything else to the contrary in the section, the City shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any accessory dwelling units or junior accessory dwelling units, or combination thereof that comply with the following requirements and standards (a “state exemption” accessory dwelling unit or junior accessory dwelling unit). The City’s standards relating to lot coverage, floor area ratio, open space, or minimum lot size will not preclude the construction of a state exemption accessory dwelling unit or junior accessory dwelling unit. (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(a) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of 30
the existing accessory structure shall be limited to accommodating ingress and egress.
(b) The space has exterior access from the proposed or existing single-family dwelling.
(c) The side and rear setbacks are sufficient for fire and safety. (d) The junior accessory dwelling unit complies with the requirements of Section 154.240, above.
(2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing singlefamily dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (1). A local agency may impose the following conditions on the accessory dwelling unit:
(a) A total floor area limitation of not more than 800 square feet. (b) A height limitation as provided in Tables 154.239 and 240, as applicable.
(3) Multifamily Dwellings.
(a) Multiple accessory dwelling units are allowed within the 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 unit complies with state building standards for dwellings.
(b) Not more than 8 detached accessory dwelling units on a lot with an existing multifamily dwelling; however, the number of allowable accessory dwelling units shall not exceed the number of existing units on the lot, subject to the height limitations provided in Table 154.239, and rear and side setbacks of at least four feet.
(c) Not more than two detached accessory dwelling units on a lot with a proposed multifamily dwelling, subject to a height limitation pursuant to Table 154.239, as applicable, and rear yard and side setbacks of at least four feet.
(d) If the existing multifamily dwelling has a rear or side setback of less than four feet, modification of the existing multifamily dwelling shall not be a condition for approving the application to construct an accessory dwelling unit that satisfies the requirements of Section 154.238. (C) Correction of nonconforming zoning conditions shall not be required. (D) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory 31
dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.
(E) A state exemption accessory dwelling unit or junior accessory dwelling unit shall not be used as a short-term rental.
(F) Any accessory dwelling unit that shall be connected to an onsite wastewater treatment system must provide, as part of its application, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (G) A new or separate utility connection directly between a state-exemption accessory dwelling unit and the utility shall not be required, or a related connection fee or capacity charge imposed, unless the accessory dwelling unit was constructed with a new single-family dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342 of the Government Code.
§ 154.242 ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY
DWELLING UNIT APPROVAL PROCESS.
(A) Accessory dwelling units and/or junior accessory dwelling units, either attached or detached, which adhere to the standards in this section shall be approved or denied ministerially by the Development Services Department prior to issuance of a building permit. (B) An application to create or serve an accessory dwelling unit or junior accessory dwelling unit on a lot with an existing dwelling shall be determined to be complete or incomplete by written notice of determination within 15 business days after the application is received. An application that meets all applicable standards described in this chapter shall be approved or denied ministerially within 60 days after the City receives a completed application, without need for a hearing and notwithstanding any ordinance regulating the issuance of variances or special use permits. If the completed application is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the completed application may be delayed until the single-family or multifamily dwelling application is acted upon.
(1) If denied, the City shall provide a full set of comments to the applicant with a list of items that are deficient and a description of how the application can be remedied.
(2) If an applicant requests a delay, the 60-day time period may be tolled for the period of the delay.
(3) If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(4) No city ordinance, policy, or regulation, other than this chapter shall be the basis for the delay or denial of a building permit or a use permit under this section. (C) Consideration and issuance of a permit for an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on correction of nonconforming zoning conditions or building code violations, or unpermitted structures that do not present a threat to 32
public health and safety and are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit.
(D) Any new accessory dwelling unit or junior accessory dwelling unit may not be converted to primary dwelling unit space or to any other use for a minimum of 20 years from construction.
(E) The filing fee for an accessory dwelling unit or junior accessory dwelling unit application shall be established by resolution of the city council. (F) The city shall not deny a permit for an unpermitted accessory dwelling unit constructed prior to January 1, 2020 absent a finding that correcting the violation is necessary to protect the health and safety of the public or the occupant of the accessory dwelling unit, or if the structure is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
(G) The city shall allow preapproval of accessory dwelling unit plans as per Section 65852.27 of the Government Code.
SECTION 3. CEQA. The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and has been determined to be exempt under CEQA Guidelines Section 15061(b)(3), the “common sense exemption.” This exemption applies because it can be seen with certainty that the activity will not have a significant effect on the environment. Therefore, no further environmental review is required.
SECTION 4. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 5. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of San Joaquin and shall cause this ordinance to be published or posted in accordance with Government Code Section 36933 as required by law.
SECTION 6. Effective Date. This ordinance shall be effective thirty (30) days following its adoption.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of San Joaquin held on _____________, and was passed and adopted at a regular meeting of the City Council held on _______________,_______, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
33
ATTEST: APPROVED:
Alondra Bautista, City Clerk Mayor, City of San Joaquin 34