PREPARED BY: GRIFFEN DEMPSEY DATE OF MEETING: 7/28/2026
SUBJECT:
TITLE
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).
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; adopt Resolution
Body
REQUESTED ACTION
Approve Resolution recommending City Council approval of PLAN2604-0003, amendment to the San Pablo Zoning Code Section 17.60.070, Accessory Dwelling Units, to conform to State ADU law and further promote the development of Accessory Dwelling Units (ADUs). This is a recommendation by the Planning Commission to the City Council for approval of an amendment to the Zoning Ordinance provisions in the Municipal Code related to the regulations and development standards for ADUs and Junior Accessory Dwelling Units (JADUs).
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 Wednesday, July 8th, 2026.
ENVIRONMENTAL DOCUMENTATION
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.
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 Planning Commission recommended that the City Council adopt the proposed ordinance.
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 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.
STAFF RECOMMENDATION
Approve Resolution recommending approval of PLAN2604-0003. This is a recommendation by the Planning Commission to the City Council for approval of an amendment to the Zoning Code to update development standards and requirements for ADUs and JADUs, consistent with state law.
CONCLUSION
The purpose of this public hearing is for the Planning Commission to review the proposed zoning ordinance amendment, take public testimony, and make a recommendation to the City Council. The Draft Text Amendment (Exhibit 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. Resolution PC26-09 ADU Ordinance Text Amendment recommendation to City Council
Exh A. Proposed ADU Zoning Ordinance Text Amendment
Att B. Proof of Publication