Zoning Text Amendments Related to Accessory Dwelling Units and Junior Accessory Dwelling Units

HOLD a public hearing; and INTRODUCE (first reading) an Ordinance, as recommended by the Planning Commission, amending Sections 15.04.104.020, 15.04.201.030, 15.04.201.050, and 15.04.610.020 of the Richmond Municipal Code updating the regulations for accessory dwelling units and junior accessory dwelling units to conform with State law – Community Development Department (Lina Velasco/Avery Stark 510-620-6714).

Financial Impact

There is no financial impact associated with this item.

Previous Council Action

November 10, 2020

Statement Of The Issue

There have been several changes to State law related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), with the most recent changes effective on January 1, 2026. Prior to the newest amendments going into effect, the City received a courtesy review letter, dated October 21, 2024, from the California Department of Housing and Community Development (HCD) which identified areas where the City’s ADU ordinance was out of compliance with State law. The purpose of the proposed zoning text amendments are to update regulations in the Richmond Municipal Code for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) to conform with State law.

Recommended Action

HOLD a public hearing; and INTRODUCE (first reading) an Ordinance, as recommended by the Planning Commission, amending Sections 15.04.104.020, 15.04.201.030, 15.04.201.050, and 15.04.610.020 of the Richmond Municipal Code updating the regulations for accessory dwelling units and junior accessory dwelling

units to conform with State law – Community Development Department (Lina Velasco/Avery Stark 510- 620-6714).

Background

In October 2024, the California Department of Housing and Community Development

• (HCD) completed a courtesy review of the City’s accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU) ordinance adopted in November 2020. Since the City’s Ordinance was adopted in 2020, HCD’s letter dated October 21, 2024 (Attachment 1 identified several areas where the City’s ordinance is out of compliance with State law. The purpose of the proposed zoning text amendment is to update the regulations in the Richmond Municipal Code to conform with recent changes to State law related to ADUs and JADUs, including those conflicts identified by HCD in their review letter and those changes that went into effect on January 1, 2026.

Summary of Key Changes

Below are the key amendments proposed to the regulations for ADUs and JADUs in the Richmond Municipal Code to align with State law (specifically, RMC Sections 15.04.104.020, 15.04.201.030, 15.04.201.050, and 15.04.610.020):

• ADU Definition: Updating the definition of an accessory dwelling unit to include “permanent provision” for “living, sleeping, eating, cooking, and sanitation facilities”
• JADU and Garages: Allowing the location of JADUs within attached garages
• Height: Updating the permitted height for ADUs, up to 16,18, 20 or 25 feet, under certain conditions
• Parking: Elimination of parking standards for an ADU when a permit application has been submitted simultaneously with an application for a new single-family dwelling or a multifamily dwelling on that same lot
• Location Restrictions: Prohibits any requirement that does not permit at least an 800 square-foot ADU with four-foot side and rear yard setbacks (including in the front yard of the lot)
• Efficiency Kitchen: Allows an ADU to be an efficiency unit which includes having a “partial kitchen” (see California Health and Safety Code 17958.1)
• Deed Restriction: Removes the requirement of a deed restriction for an ADU
• Historic Resource Definition: Replaces definition of identified historical resources to only be resources listed in the California Register of Historic Resources
• Legally in Existence: Removes the requirement that a portion of a single-family dwelling or accessory structure be “legally in existence” before a conversion to an ADU can occur
• Unit Mixture: Removes the limitation of one type of ADU per lot and allows for all by-right ADU combinations
• Unit Allowances: Allows one JADU per lot in a single-family zone regardless of

what type of ADU (detached, attached or conversion) is present on the lot.

• JADUs and Accessory Structures: A JADU may not be located in an accessory structure, and the expansion of 150 square feet for ingress and egress does not apply to JADUs
• JADUs and Deed Restrictions: Changes the conditions for a deed restriction for JADUs to comply with Government Code section 66333, subdivision (c).

Planning Commission Recommendation

On July 2, 2026, the City’s Planning Commission conducted a public hearing on the proposed zoning text amendments to the Richmond Municipal Code (RMC) to provide a recommendation to the City Council. The Planning Commission adopted Resolution No.

26-15 recommending that the City Council approve the proposed zoning text amendments to RMC Sections 15.04.104.020, 15.04.201.030, 15.04.201.050, and 15.04.610.020 related to ADUs and JADUs to conform with State law (Attachment 2).

Zoning Text Amendment Findings

A draft of the proposed Ordinance is in Attachment 1 of this Agenda Report. The City Council approving amendments to the Zoning Ordinance (Article XV of the RMC) must make the findings pursuant to RMC Section 15.04.814.050 (Attachment 3). The ordinance includes the following findings and statements of fact demonstrating that the required findings have been satisfied:

• A. The proposed amendment is consistent with the General Plan.

Statement of Fact: The proposed zoning text amendment is consistent with General Plan Housing Element Program H-1.4.3 which aims to continue the facilitation of accessory dwelling unit production in part to provide a balanced supply of housing types, densities, and prices to meet the needs of all income groups and amend the ordinance to ensure compliance with State law.

• B. The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.

Statement of Fact: The proposed zoning text amendment will benefit the public by increasing housing production within the City of Richmond and ensuring local regulations comply with State law. California’s housing production is not keeping pace with demand and the lack of housing supply impacts affordability. The State legislature has determined that ADUs and JADUs are critical forms of infill housing development that can be affordable and offer important housing choices within existing neighborhoods, and an effective option for adding much needed housing in California.

• C. The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

Statement of Fact: The proposed zoning text amendments to the Municipal Code are statutorily exempt from the requirements of the California Environmental Quality Act

• (CEQA) pursuant to Section 21080.17 of the Public Resources Code, which provides that CEQA does not apply to the adoption of an ordinance to implement the Article 2 (commencing with Section 66314) or Article 3 (commencing with Section
• 66333) of Chapter 13 of Division 1 of Title 7 of, the Government Code. The proposed amendment is also exempt from environmental review pursuant to Other Statutory Exemptions, Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Regardless of whether the City adopts this Ordinance, accessory dwelling units and junior accessory dwelling units must be allowed in the City in accordance with the standards set forth in State law. Therefore, it can be seen with certainty that the project will not cause any significant impacts.
• D. For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.

Statement of Fact: The proposed zoning text amendment will not change the Zoning map; therefore, the subject finding is not applicable.

Environmental Review

The project is statutorily exempt from California Environmental Quality Act (CEQA) review under CEQA Guidelines Section 15282(h), which includes the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city to implement provisions of Sections 65852.1 and 65852.2 of the Government Code, as set forth in 21080.17 of the Public Resources Code. Under California Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California's ADU and JADU law.

Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements State ADU and JADU law.

The proposed amendment is also exempt from environmental review pursuant to Other Statutory Exemptions, Section 15061(b)(3) of the California Environmental Quality Act

• (CEQA) Guidelines since it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Regardless of whether the City adopts this Ordinance, accessory dwelling units and junior accessory dwelling units must be allowed in the City in accordance with the standards set forth in State law.

Therefore, it can be seen with certainty that the project will not caus