Planning Commission Agenda Pack 82725

P25-0026, ADU PMC Amendments Planning Commission 2 of 3 approval of ADU and JADU applications within 60 days, authorizing ADUs on lots with multifamily dwellings, and prohibiting local agencies from imposing local development standards (e.g., height and setbacks) beyond state-set limits. The City has progressively updated its ADU ordinance (PMC Chapter 18.106) to respond to and come into compliance with state law. Among these revisions, Ordinance 2213 was adopted in March 2021 to modify PMC Chapters 18.08, 18.28, 18.32, 18.36, 18.44, 18.46,18.84, and 18.106 to implement state law changes enacted in 2020. In May 2024, Ordinance 2277 was adopted to further revise Chapter 18.106 to comply with additional state law provisions enacted in 2023. Governor Newsom signed additional ADU-related legislation in 2024. Staff drafted proposed amendments to Chapter 18.106 in response, and the Planning Commission reviewed proposed revisions to Chapter 18.106 at its February 12, 2025 , meeting, and forwarded a recommendation to the City Council. After the City Council agenda was published, the City received a comment letter fro m California Housing Defense Fund (CalHDF), a housing advocacy group, identifying other potential revisions to the ordinance, and the item was pulled from the City Council agenda. City staff subsequently consulted with the HCD on the draft ordinance, including sharing a draft of the proposed ordinance, and has implemented the changes required and suggested by HCD for compliance with state law. SUMMARY OF STATE LAW AND PROPOSED PMC AMENDMENTS Statewide Exemption ADUs The proposed revision better defines units that comply with Government Code Section 66323 and non-exempt ADUs and uniformly references these two-unit types throughout Chapter 18.106. Standards for ADUs State law permits jurisdictions to apply objective development and design standards. The proposed revisions remove non-objective standards and clarify when these standards can apply. Replacement Parking Existing Government Code Section 66314(d)(11) already prohibits local agencies from requiring off-street parking spaces to be replaced when a garage, carport or covered parking structure is demolished in conjunction with the construction of, or converted to, an ADU. SB 1211 amends this subsection to also prohibit local agencies from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. Multifamily ADUs Under existing Government Code Section 66323(a)(3)(A), local agencies must ministerially approve qualifying building permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by state ADU law. SB 1211 changes this by adding a new definition stating “‘livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.”