PREPARED BY: GRIFFEN DEMPSEY DATE OF MEETING: 4/28/26
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 portion of 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. Additionally, the ordinance would be categorically exempt from the provisions of CEQA, in accordance with Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no potential for causing a significant effect on the environment because it consists of minor changes to land use regulations that do not, on their own, impact the environment. Any projects proposed pursuant to the changes proposed would be separately evaluated for their environmental impacts.
Label
Location: Citywide
APN: Citywide
Zoning: Citywide
PLAN Number: PLAN2604-0003
Owner: Not Applicable
Applicant: City of San Pablo
Staff Contact: Griffen Dempsey, Associate Planner
Recommendation
Conduct public hearing; adopt Resolution
Body
STAFF RECOMMENDATION
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, April 8, 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. Additionally, the ordinance would be categorically exempt from the provisions of CEQA, in accordance with Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no potential for causing a significant effect on the environment because it consists of minor changes to land use regulations that do not, on their own, impact the environment.
BACKGROUND
On January 1, 2019, Senate Bill (SB) 1333 made amendments to existing State law (Government Code Sections 65852.2 and 65852.150) related to Accessory Dwelling Units (ADUs). Specifically, SB 1333 required cities to allow ADUs in all zones that allow residential uses. On December 7, 2020, the City of San Pablo adopted Ordinance 2020-011, amending the Zoning Ordinance Chapters 17.34, 17.42, 17.54, 17.60, 17.68, 17.70, and Appendix A regarding ADUs, junior accessory dwelling units (JADUs), and accessory structures. This ordinance brought the Zoning Code up to date with the revised State laws at the time regarding ADUs, including Government Code Sections 65852.150 and 65852.2. This ordinance was submitted to the California Department of Housing and Community Development (HCD) for review and certification upon its adoption.
Since the adoption of Ordinance 2020-011, a number of subsequent bills have been passed by California legislature to further amend State ADU law. These bills, including AB 345, AB 3182, AB 68, AB 881, SB 13, AB 587, AB 670, AB 671, AB 2221, AB 916, AB 561, and SB 897, have superseded the changes made to the San Pablo Zoning Code in 2020. The City has subsequently made a series of changes to the ADU ordinance in order to ensure alignment with these State laws, and in response to letters from HCD identifying areas of the ordinance that have been out of compliance. Amendments have included ordinances adopted in 2023, 2024, and 2025.
Several recent state laws have further modified ADU requirements, including AB 462, AB 1154, SB 9, and SB 543. In order to stay in compliance with these laws, staff are proposing changes to align with the latest legislation. Additionally, staff are proposing an increase in detached ADU height limits beyond the minimum required in State law in order to better promote the orderly development of ADUs and further increase housing choices in San Pablo.
SUMMARY OF CHANGES
This is a City-initiated text amendment to Chapter 17.60.060, Accessory Dwelling Units, to align with recent State legislation and to further promote the development of ADUs. The proposed amendment includes the following changes:
1. Changes to 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. The addition of an increased height limit for two-story detached ADUs for existing or proposed single-family and multifamily structures, allowing up to 20 feet at eave and 25 feet at roof peak, subject to an administrative use permit (AUP). Existing height limits of up to 16 feet for an ADU on a lot with an existing or proposed single family unit and up to 18 feet for an ADU on a lot with an existing or proposed single family unit that is within one-half mile of a high-quality transit corridor remain and are not subject to an AUP requirement.
Staff are proposing this change, which exceeds the minimum height requirements set forth by State law, in order to help facilitate greater ADU development in a manner that helps preserve open space. Current height requirements limit detached ADUs to one story, which often leads to the development of ADUs that take up most of the rear yard space of a single-family home. By allowing two-story ADUs, the City would be opening the door to more creative designs that allow for similar or greater square footage of ADUs with a smaller footprint, creating new housing while preserving yard space and open areas for residents to enjoy. The proposed amendment would allow for 2-story ADUs with a maximum height slightly below that of a single-family home, and subject to an Administrative Use Permit (AUP). The lower height limit compared to single-family homes and the AUP requirement will ensure that two-story ADUs will be developed in a manner that considers any site-specific compatibility concerns.
4. Increase in the number of detached ADUs on the site of existing or proposed multifamily properties, to align with state law.
5. Specification that owner-occupancy requirements for JADUs only apply when the JADU shares sanitation facilities with the primary residence.
6. Prohibition of rental terms of less than 30 days for JADUs.
GENERAL PLAN COMPLIANCE
The proposed ordinance is consistent with the following General Plan policies and implementation strategies:
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.
LU-I-12: Allow for a range of residential development intensities throughout the community to cultivate a mix of housing types at varying sales price points and rental rates, provide options for residents at all income levels, and protect existing residents from displacement.
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.
LU-I-21: Support residential infill on vacant and underused lots within existing neighborhoods.
The proposed ordinance is also consistent with the following Housing Element goals and policies:
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.
Housing Element Goal #2: Take action to address affordability and housing security for all income groups and family types in San Pablo.
The proposed amendment would 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.
ZONING ORDINANCE COMPLIANCE:
The proposed amendment is consistent with the purposes of the Zoning Ordinance:
Pursuant to Zoning Ordinance Section 17.01.020, “Purpose,” the purpose of the ordinance is to promote growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort, and general welfare in conformance with the general plan. In addition, pursuant to Zoning Ordinance Section 17.32.010, Purpose, the ordinance helps to produce healthy, safe, and attractive neighborhoods in San Pablo, consistent with the policy direction in the San Pablo general plan.
The proposed amendment would ensure that ADUs can continue to be developed in accordance with state law, as well as allowing increased height limits in certain circumstances, ensuring that this important type of housing can continue to be built in an orderly and effective manner, consistent with the purposes of the Zoning Ordinance.
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 1) incorporates all of the proposed text changes, as indicated by strike-out and underlines to the existing text of Section 17.60.070 of the Zoning Ordinance.
ATTACHMENTS
Att. A. Resolution PC26-07 ADU Zoning Ordinance Text Amendment
Exh 1. Proposed ADU Zoning Ordinance Text Amendment
Att. B. Proof of Publication