Attachment 3
RESOLUTION NO. PCR-24-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN MARINO, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT ORDINANCE NO. O-24-1416 AMENDING
MUNICIPAL CODE SECTIONS 23.01.01 (DEFINITIONS) AND 23.02.25 (ACCESSORY DWELLING UNITS) TO IMPLEMENT STATE LAW
REGARDING ACCESSORY DWELLING UNITS
WHEREAS, Chapter XXIII (Zoning and Development, Advertising and Signs, Fences and Walls) of the City of San Marino’s Municipal Code (“Planning and Zoning Code”) provides for the organized, predictable, and efficient development of land within the City; and WHEREAS, the Planning and Zoning Code establishes land use districts throughout the City and regulates the development of land in each district, including construction 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 have amended Government Code Sections 65852.2 and 65852.22 to impose limits on local authority to regulate ADUs and JADUs; and WHEREAS, the City last updated its Municipal Code sections governing ADUs and JADUs in 2020; and
WHEREAS, since 2020 the California Legislature has approved, and the Governor has signed into law, a number of bills that have amended Government Code Sections 65852.2 and 65852.22 to impose limits on local authority to regulate ADUs and JADUs ((2021: AB 345 (permitting separate conveyance of ADUs from primary dwellings in limited circumstances), AB 3182 and AB 68 (streamlining ADU approvals)); (2022: SB 897 and AB 2221 (increasing height limits of ADUs)); and (2023: AB 976 (owner-occupancy requirements), and AB 1332 (pre-approved ADU plan sets)); and
WHEREAS, the City Council of the City of San Marino seeks to update its Municipal Code to bring it into conformance with state law on ADUs and JADUs; and WHEREAS, the City reviewed this text amendment pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). CEQA and the CEQA Guidelines are collectively referred to as “CEQA Regulations”; and WHEREAS, on November 21, 2023, the Planning Commission held a duly noticed public hearing, at which time it considered all material and evidence, whether written or oral and unanimously voted (5-0) to adopt Planning Commission Resolution No. PCR-23-18, recommending that the City Council adopt Ordinance No. O-23-1411 updating the City’s ADU Ordinance; and WHEREAS, on February 23, 2024, the City Council held a duly noticed public hearing, at which time it considered all material and evidence, whether written or oral and unanimously voted (5-0) to to waive full reading and introduce by title only the Ordinance. On March 14, 2024, the City CITY OF SAN MARINO PLANNING COMMISSION RESOLUTION NO. PCR-24-12
Council adopted Ordinance No. O-23-1411 updating the City’s ADU Ordinance.
WHEREAS, on August 26, 2024, the Department of Housing and Community Development (HCD) provided the City a letter containing their findings of their review of the City’s ADU Ordinance and found that the Ordinance did not comply with State ADU and JADU Laws; WHEREAS, on October 23, 2024, the Planning Commission held a duly noticed public hearing, at which time it considered all material and evidence, whether written or oral; and WHEREAS, on Ocotber 23, 2024, the Planning Commission considered this zoning ordinance text amendment. Its findings are made based on the entire administrative record including testimony and evidence presented to the Planning Commission on October 23, 2024, including, without limitation, the staff report submitted by the Director of Community Development.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Marino as follows:
SECTION 1. The Planning Commission declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the Planning Commission.
SECTION 2. Findings.
A. That the above recitations are true and correct.
B. That the City seeks to comply with new state laws on ADUs and JADUs by increasing its permitted height limits for ADUs and JADUs as required by state law and making other changes to bring its Municipal Code section into conformance with state law on ADUs and JADUs.
C. That the Planning Commission determines that the proposed ordinance is compatible with, consistent with and integrated with all other elements of the City’s General Plan. • The City Council determines that this Ordinance is compatible with Objective L.1 of the General Plan (Estate Residential), which “provide[s] an estate area with large lot sizes in the hilly terrain of the northwestern area of the City for single-family residential use[]” and has a policy of allowing single-family residences to have “‘second units’ as defined by the City of San Marino in order to meet state housing requirements, and limited accessory structures to the primary residence.”
• The City Council determines that this Ordinance is compatible with Objective L.2 of the General Plan (Very Low Density Residential), which “provide[s] residential area districts with large lots in traditional neighborhood patterns for single-family residential use[]” and has a policy of allowing single-family residences to have “‘second units’ as defined by the City of San Marino in order to meet state housing requirements, and limited accessory structures to the primary residence.”
CITY OF SAN MARINO PLANNING COMMISSION RESOLUTION NO. PCR-24-12
• The City Council determines that this Ordinance is compatible with Objective L.3 of the General Plan (Low Density Residential), which “provide[s] residential area districts that reflect the predominant pattern of residential development in the City – single-family development on standard size residential lots[]” and has a policy of allowing single-family residences to have “‘second units’ as defined by the City of San Marino in order to meet state housing requirements, and limited accessory structures to the primary residence.”
• Considering the entire proposed Ordinance, the proposed amendment to the SMMC will further the goals, objectives, and policies of the General Plan and will not obstruct their attainment. The amendment is relatively minor in nature and is intended to bring the Municipal Code into compliance with state law mandates. Therefore, the amendment will not frustrate any goal or policy set forth in the General Plan.
D. That the Planning Commission finds and recommends that the City Council declare that the proposed ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons: (1) the ordinance is exempt pursuant to Public Resources Code section 21080.17, which exempts the local adoption of ordinances regarding second units in single or multifamily residential zones; (2) the ordinance is exempt under CEQA Guidelines (14 Cal. Code Regs. § 15301), which exempts projects involving the minor alteration of existing residences involving negligible or no expansion of use beyond that already in existence; (3) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)); (4) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (5) the ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). The Ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
E. That the Planning Commission recommends adoption of the proposed ordinance by the City Council.
SECTION 3. Recommendation of Approval. Based on the above findings, and after receiving evidence and testimony at a public hearing, the Planning Commission recommends approval of the proposed ordinance, attached as Exhibit A, to the City Council.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Planning Commission declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution, irrespective of the fact that any one or more sections, subsections, subdivisions, CITY OF SAN MARINO PLANNING COMMISSION RESOLUTION NO. PCR-24-12
sentences, clauses, phrases, or portions of this Resolution be declared unconstitutional.
SECTION 5. Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the Planning Commission’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 6. Office of Record. The record of proceedings upon which this decision is based is in the Community Development Department, which is the office of record for the same.
SECTION 7. This Resolution will remain effective until superseded by a subsequent resolution.
SECTION 8. The Planning Commission Chairman, or presiding officer, is authorized to affix his signature to this Resolution signifying its adoption by the Planning Commission of the City of San Marino, and the Planning Commission Secretary is directed to attest to that act.
PASSED, APPROVED AND ADOPTED, at a meeting of the Planning Commission of the City of San Marino, California, on this 23rd day of October, 2024.
SHELLY BOYLE,
Chair, San Marino Planning Commission
ATTEST:
ISIDRO FIGUEROA
Secretary, San Marino Planning Commission