PREPARED BY: GRIFFEN DEMPSEY DATE OF MEETING: 08/03/2026
SUBJECT:
TITLE
CONSIDER ADOPTING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING 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).
CEQA: This amendment to the ADU regulations in the Zoning Ordinance 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.
Recommendation
Conduct public hearing; waive first reading; introduce Ordinance
Body
Compliance statements
FY 2025-2027 Council Priority Workplan Compliance Statement
Updating the Zoning Ordinance to align the City’s ADU regulations with State law and allow for additional ADU development beyond State law minimums would help to promote the City Council Major Policy Goal of Expand Housing Options, Priority 301, Update/Certify the General Plan and Housing Element, 301.1.3, Promote Housing Production to Meet RHNA Requirements.
CEQA Compliance Statement
This amendment to the ADU regulations in the Zoning Ordinance 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.
PUBLIC HEARING NOTICE
A Public Hearing Notice was published in the West County Times (West Contra Costa edition of the East Bay Times) newspaper on Tuesday, July 14th, 2026.
BACKGROUND
On April 28, 2026, City staff brought forth a proposed amendment to the City’s ADU ordinance. The purpose of the amendment was to comply with recent state laws that have modified ADU requirements, including AB 462, AB 1154, SB 9, and SB 543. In addition to proposed changes to align with the latest legislation, staff also proposed an increase in detached ADU height limits beyond the minimum required in State law to promote the orderly development of ADUs and further expand ADU production in San Pablo. The proposed ordinance was approved by the Planning Commission.
On May 20, 2026, City staff received a letter from the California Department of Housing and Community Development (HCD). State law requires the City to send any changes to its local ADU ordinance to HCD for review. HCD’s provided a courtesy review of the draft ordinance that had been reviewed and recommended by the Planning Commission. HCD noted that certain state law requirements could be clarified and recommended changes. Staff determined that the overall structure of the ADU ordinance should be amended to better accommodate the updated state law requirements. Staff accordingly drafted a new, updated ordinance with a new structure that aligns with state law and HCD’s guidance. Staff have also included additional changes to promote production of ADUs.
SUMMARY OF CHANGES
New changes to the ordinance are as follows:
• The ADU regulations have been reorganized to better align with State law. This includes updated definitions, ADU categories, permit processing procedures, and other miscellaneous changes.
• Permitting procedures are established in accordance with the new timelines set forth under AB 462, including a new requirement for findings of completeness within 15 days of receipt of an application and approval or denial of a complete application within 60 days.
• The maximum allowable size for ADUs is standardized at 1,200 square feet, regardless of bedroom count. This proposed change exceeds State law minimum standards and is intended to further incentivize ADU development and expand housing choices within in the city per the 2023-2031 Housing Element.
• The increased height limits previously proposed have been revised so that an Administrative Use Permit is no longer required. Instead, a standardized height limit of 20 feet at the eave and 25 feet at roof peak is established for all ADUs. This update simplifies and consolidates existing height standards, which currently allow attached ADUs up to 25 feet while detached ADUs range from 16 to 20 feet depending on specific circumstances. By applying uniform height limits of 20 feet at the eave and 25 feet at the roof peak, the ordinance creates a consistent and streamlined regulatory framework for all ADU types.
State law prohibits requiring ADUs to provide off-street parking. The proposed ordinance clarifies this existing requirement by specifying that no parking spaces are required for ADUs and that any parking spaces removed to accommodate an ADU do not need to be replaced. This reflects a clarification of current rules rather than a change in policy.
GENERAL PLAN COMPLIANCE
The proposed ordinance is consistent General Plan policies and implementation strategies that promote housing construction and facilitate the development of various housing types and sizes, including accessory dwelling units, such as the following:
LU-G-5: Promote a variety of housing types and prices within neighborhoods to serve the needs of all economic segments of the community.
LU-I-13: Promote the development of a greater variety of housing types and sizes in existing neighborhoods to meet the needs of future demographics and changing household sizes, including single-family homes on small lots; accessory dwelling units; alley-facing units; townhomes; live-work spaces; duplexes; triplexes; fourplexes; bungalow courts; and senior and student housing.
The proposed zoning text amendment would also implement policies and programs of the 2023-31 Housing Element, helping to promote increased housing development across all levels of affordability and expand the range of housing options available in San Pablo, by further promoting the development of ADUs and JADUs. Examples include:
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.
FISCAL IMPACT
The proposed amendments should have a positive fiscal impact on the City of San Pablo as they will help to further facilitate the development of accessory dwelling units within the City, resulting in increased investments and improvements to property values.
PLANNING COMMISSION RECOMMENDATION
The San Pablo Planning Commission held a duly noticed public hearing on the proposed amendments at its regular meeting on July 28, 2026 and approved PC26-09, recommending adoption of the proposed Ordinance by the City Council.
CONCLUSION
Staff recommends that the City Council review the proposed zoning ordinance amendment, take public testimony, and introduce the attached ordinance amending the Zoning Ordinance (Title 17) Chapter 17.60.070, Accessory Dwelling Units. The proposed Ordinance (Attachment A) includes the new proposed text of Section 17.60.070 of the Zoning Ordinance, which will replace the existing section in its entirety.
ATTACHMENTS
Att A. Proposed City Council ordinance
Att.B. Resolution PC26-09 recommending approval of the Zoning Ordinance Text Amendment to the City Council.
Att C. Proof of Publication