CITY OF SAN PABLO
Community Development / Planning Services
1000 Gateway Avenue ● San Pablo, CA 94806
Main: 510-215-3030 ● Fax: 510-215-3014
www.SanPabloCA.gov
July 13, 2023
Shannan West
Housing Accountability Unit Chief
California Department of Housing and Community Development Division of Housing Policy Development
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
Sent via email to: [email protected]
Dear Ms. West and Mr. Van Gorder,
Thank you for your letter dated June 15, 2023 regarding HCD review of San Pablo’s Acces sory Dwelling Unit (ADU) Ordinance under State ADU Law.
The City’s ADU regulations were amended by Ordinance No. 2020-011, adopted on December 7, 2020 and do not reflect some of the newer state ADU regulations that have come into effect since that time. The City will bring additional amendments to our Ordinance to decisionmakers to reflect these more recent changes, including those items noted below, within the coming months.
We expect to be able to present proposed changes to our Planning Commission for consideration within six months, and then City Council consideration would follow in early 2024.
In response to the findings contained in your letter, please see the following:
1. Municipal Code section 17.60.070(D) – Proposed Primary – HCD commented that this section allows ministerial approval of ADU applications only when there is an existing single family or multi- family dwelling on the lot while the law requires that applications must be processed ministerially if there is an existing or proposed dwelling. That is not so. That section states: "An application for a permit to establish any of the following types of accessory dwelling units in a residential or mixed-use zoning district will be approved ministerially without discretionary review or public hearing within sixty days of receipt of a complete application if there is an existing single -family or multifamily dwelling on the lot ." (Emphasis added.) This section does not, nor is it intended to, preclude ADUs on lots with proposed rather than existing dwellings. It merely states that applications for ADUs on lots with existing dwellings will be approved within a certain time period. In fact, the title of this sec tion is "Accessory Dwelling Unit Provisions for Existing or Proposed Development." (Emphasis added.) And the subsections that follow (e.g. (D)(1)(a)) expressly provide for ADUs on proposed lots. However, for clarification purposes, the City planning staff will include text changes in the proposed amendments to clarify that the timing for ministerial approval of an ADU application where there is no existing dwelling will occur concurrently with approval of the proposed dwelling.
2. Municipal Code section 17.60.070 (D.1) – Height –
This comment points to 2022 legislation ( Gov. Code 65852.2(c)(1)(D), effective in 2023) which states that a local ordinance's height limit must allow at least certain types of units to be constructed (e.g. , an 18-foot detached ADU on a lot with an existing or proposed multifamily and multistory dwelling). The City's existing height requirements do not provide for exemptions up to the allowable heights for certain types of units and will therefore the City planning staff will include text changes in the proposed amendment to reflect the new height limits.
3. Municipal Code section 17.60.070.E.1 – Unit Mixture – This comment states that section 17.60.070(E)(1) appears to limit the number/mix of ADUs to one ADU and one JADU per lot, while state law allows for multiple ADUs under certain circumstances. The City planning staff will include clarifying text changes in this part of the proposed amendment to reflect the se various circumstances where more than one ADU and one JADU are allowed.
4. Municipal Code section 17.60.070.F.2.d – Height Exception – The City’s existing ADU height maximum of 16 feet is not consistent with Government
Code section 65852.2, subdivision (c)(2)(D), which sets height maximums no lower than 16, 18, or 25 feet based on specified criteria. The City planning staff will include text changes in the proposed amendment to reflect these statutory requirements.
5. Municipal Code section 17.60.070.F.3.c – Parking –
Government Code section 65852.2, subdivision (d)(1)(D) precludes the City from imposing parking standards where on-street parking permits are required but not offered to an ADU occupant. The City does not require parking permits anywhere in the City, so this section does not apply.
6. Municipal Code section 17.60.070.F.6 – Subordinate Entry Modifications to the City's ADU entrance requirements in 17.60.070(f)(6) (i.e. , access that is in the rear, not visible from the street, subordinate to the main entrance, etc.) will be included by City planning staff as text changes in the proposed amendment to avoid the potential conflict with the state law requirement that the City cannot unduly constrain creation of ADUs . The text changes in the proposed amendments to be prepared by City planning staff will allow for front -facing, street -visible, and non - subordinate entry only when there is no feasible alternative.
I hope this letter provides you with a satisfactory response to your July 15, 2023 letter .
Please let me know if you have any further questions or concerns. We appreciate the technical review that the agency has prepared for our most recent ADU amendment.
Sincerely,
Elizabeth H. Tyler, Ph.D., FAICP
Community Development Director