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18. 26-401 ADU ordinance 2026.CC.pdf

San Pablo City Council
August 3, 2026

Document
18. 26-401 ADU ordinance 2026.CC.pdf
Meeting
August 3, 2026
Body
San Pablo City Council
Original file
1.5 MB
Text extracted from the city's file for reading and search. Open the original on sanpablo.legistar1.com. That file is the official record.

PUBLIC HEARING
AMENDMENT TO THE SAN PABLO ZONING CODE, CHAPTER 17.60, SPECIAL RESIDENTIAL USES, SECTION 17.60.070, ACCESSORY DWELLING UNITS, TO UPDATE DEVELOPMENT STANDARDS

AND REGULATIONS IN ORDER TO REFLECT CURRENT STATE LAW AND PROMOTE THE DEVELOPMENT OF ACCESSORY DWELLING UNITS (ADUS).

CITY COUNCIL MEETING
AUGUST 3, 2026

BACKGROUND
 State ADU law continues to evolve
 City must continually update ADU ordinance to comply
 Most recent amendments approved Planning Commission
April 2026
 Prior to introduction to City Council, HCD provided
feedback on proposed amendments
 In response, Staff are proposing to repeal and replace the ordinance with a new rewritten, restructured ADU
ordinance
 Additional changes go above & beyond state law

SUMMARY OF PROPOSED

CHANGES
 Structure of ordinance entirely revised following HCD review  New structure centers around the following ADU types:

Single-Family Development
• Interior converted ADU or JADU
• Standard detached ADU – up to 800 sf, 16ft height
• Large ADU – attached or detached, up to 1200 sf and 25ft height at roof peak Multifamily Development
• Interior converted ADU (at least 1; up to 25% of primary units) • Detached ADU (up to 8; no more than number of primary units)  More detailed permit processing procedures

SUMMARY OF PROPOSED

CHANGES
 Changes brought forth during April PC:

1. Redefinition of JADU and certain ADU square footage limits to measure size by square footage of “interior livable space,” with a definition of “livable space” added to the Definitions section.

2. Inclusion of a process for an applicant to appeal a denial or finding of incompleteness for an ADU or JADU, by referencing the standard appeal process set forth in Municipal Code Section

17.16.080, Appeals.

3. Increase in the number of detached ADUs on the site of existing or proposed multifamily properties, to align with state law.

4. Specification that owner-occupancy requirements for JADUs only apply when the JADU shares sanitation facilities with the primary residence.

5. Prohibition of rental terms of less than 30 days for JADUs.

SUMMARY OF PROPOSED

CHANGES
• Certain provisions still go above and beyond state
law
• Maximum height increased to 20 feet at eave,
25 feet at roof peak
• Maximum floor area increased to 1,200 square
feet
• No parking required*
• These changes allow for more family-sized ADUs,
flexibility for homeowners, preservation of off-
street parking
• Changes relate to City’s Prohousing Designation
*Simplification of existing rules that de facto
disallowed ADU parking

GENERAL PLAN CONFORMANCE
 LU-G-1: Promote a sustainable, balanced land use pattern that responds to existing and future needs of the City, as well as physical constraints.
 LU-G-2: Ensure planned land uses are compatible with existing uses and provide for appropriate transitions or buffers for new uses, as needed.
 LU-I-3: Ensure that land use development occurs in an orderly fashion and in pace with the expansion of public services and utilities.  LU-G-5: Promote a variety of housing types and prices within neighborhoods to serve the needs of all economic segments of the community.

HOUSING ELEMENT COMPLIANCE
 Housing Element Goal #1: Increase housing supply and facilitate production of at least 800 new homes by 2031.
 Housing Element Policy 1-2: Promote development of a variety of housing types, sizes, and densities that meet community needs based on the suitability of the land, including the availability of infrastructure, the provision of adequate services and recognition of environmental constraints.
 Housing Element Policy 1-3: Identify and work to reduce or remove regulatory and process-related barriers to housing development in San Pablo.
 Housing Element Policy 1-5: Continue to encourage the provision of a variety of housing choices and types in the community, including innovative forms of housing.

ZONING ORDINANCE

AMENDMENTS

PUBLIC HEARING NOTICE
 Public hearing notice published in the West County Times (West Contra Costa edition of East Bay Times) newspaper on July 14, 2025.

ENVIRONMENTAL DOCUMENTATION
 The proposed amendment is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, which exempts the adoption of accessory dwelling unit ordinances or amendments thereto.

PLANNING

COMMISSION DECISION
 Planning Commission heard first version of amendments on April 28, 2026
 Revised amendments brought forward to PC public hearing on July 28, 2026
 PC recommended that City Council review and approve the proposed amendments to the Municipal Code

CONCLUSION
 Restructures ADU regulations to best align with state laws and guidance
 Changes discussed at April PC meeting are maintained
within new framework
 Certain measures go above and beyond state law
 Will be consistent with the goals of the General Plan and Housing Element

STAFF RECOMMENDATION
 Review proposed amendment, as set forth in proposed Text Amendment (Attachment B) and summarized in the Staff Report
 Conduct a Public Hearing, waive first reading, and introduce Ordinance.

Second reading to occur September 8, 2026.
 Adoption of an Ordinance amending the San Pablo Zoning Code Chapter

17.60, Special Residential Uses, Section 17.60.070, Accessory Dwelling Units, to reflect current state law and promote the development of ADUs.

QUESTIONS?

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