CITY COUNCIL STAFF REPORT
Meeting Date: August 07, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE ORDINANCE NO. ___ AMENDING PLEASANT HILL MUNICIPAL CODE SECTION 5.05.240, BUSINESS LICENSES, SECTION 18.15.040, COMMERCIAL USE
CLASSIFICATIONS, SECTION 18.15.070, TEMPORARY USE
CLASSIFICATIONS, SECTION 18.20.020, LAND USE REGULATIONS FOR ALL RESIDENTIAL DISTRICTS, SECTION 18.20.030,
DEVELOPMENT REGULATIONS IN ALL RESIDENTIAL DISTRICTS,
SECTION 18.20.040, ADDITIONAL DEVELOPMENT REGULATIONS
FOR ALL RESIDENTIAL DISTRICTS, SECTION 18.25.020, LAND USE
REGULATIONS FOR ALL COMMERCIAL, RETAIL BUSINESS,
NEIGHBORHOOD BUSINESS, OFFICE AND LIGHT INDUSTRIAL
DISTRICTS, SECTION 18.25.030, DEVELOPMENT REGULATIONS IN
ALL COMMERCIAL, RETAIL BUSINESS, NEIGHBORHOOD
BUSINESS, OFFICE AND LIGHT INDUSTRIAL DISTRICT, SECTION
18.25.040, ADDITIONAL DEVELOPMENT REGULATIONS FOR ALL
COMMERCIAL, RETAIL BUSINESS, NEIGHBORHOOD BUSINESS,
OFFICE AND LIGHT INDUSTRIAL DISTRICTS, SECTION 18.50.110, TREE PRESERVATION, SECTION 18.55.030, OFF-STREET PARKING AND LOADING SPACES REQUIRED, SECTION 18.55.070, ELECTRIC VEHICLE PARKING, CHAPTER 18.60, SIGNS, SECTION 18.65.030,
RESTORATION OF NON-CONFORMING STRUCTURES, SECTION
18.85.010, ZONING PERMIT APPLICABILITY, SECTION 18.115.020,
ARCHITECTURAL REVIEW PERMIT APPROVAL AUTHORITY, &
SECTION 18.140.010, DEFINITIONS
SYNOPSIS
This City is proposing amendments to various sections of the City’s Zoning Ordinance (Pleasant Hill Municipal Code (PHMC) Title 18) and related changes to business license regulations (PHMC Title 5). The proposed ordinance includes amendments necessary to comply with changes in state law, changes based on past City determinations, as well as staff-initiated revisions proposed to clarify and streamline various sections of the Zoning Ordinance. The Planning Commission reviewed the proposed amendments, except for business license regulations, and recommended approval to the City Council.
DISCUSSION
Background
The last zoning ordinance amendment was completed in mid-2021. Since this time, there have been various ordinance provisions that have proven to be unclear, problematic to implement, inconsistent with other sections of the ordinance, or in conflict with newly adopted State regulations.
On January 24, 2023 and March 28, 2023, the Planning Commission held study sessions to provide input and direction on the proposed amendments. Staff modified the proposed ordinance based on the feedback received. At its meeting of May 23, 2023, the Planning Commission adopted Resolution No. 11-23 forwarding a recommendation to the City Council to adopt the proposed ordinance amendments (Attachment C). The Planning Commission asked staff to review the proposed amendments with the City Attorney prior to City Council review, specifically regulations surrounding signage on vehicles and trailers. The City Attorney has reviewed all proposed amendments and staff has incorporated those comments into the draft ordinance.
The ordinance amendments include a revision to business license provisions in Section 5.05.240, exempting small and large family daycares from obtaining a business license, pursuant to SB 234. The Planning Commission did not review this specific amendment since it is outside of the zoning ordinance, but it is directly related to another zoning ordinance amendment (reviewed by the Planning Commission) exempting small and large family daycares from obtaining a zoning permit, also pursuant to SB 234.
Analysis
The proposed amendments for consideration are from various sections of the ordinance including the following sections (listed numerically):
Section 5.05.240, Business Licenses
Section 18.15.040, Commercial use classifications
Section 18.15.070, Temporary use classifications
Section 18.20.020, Land use regulations for all residential districts Section 18.20.030, Development regulations in all residential districts Section 18.20.040, Additional development regulations for all residential districts Section 18.25.020, Land use regulations for all commercial, retail business, neighborhood business, office and light industrial districts
Section 18.25.030, Development regulations in all commercial, retail business, neighborhood business, office and light industrial districts Section 18.25.040, Additional development regulations for all commercial, retail business, neighborhood business, office and light industrial districts Section 18.50.110, Tree preservation
Section 18.55.030, Off-street parking and loading spaces required Section 18.55.070, Electric vehicle parking
Chapter 18.60, Signs
Section 18.65.030, Restoration of non-conforming structures Section 18.85.010, Zoning permit applicability
Section 18.115.020, Architectural review permit approval authority Section 18.140.010, Definitions
For the purposes of this report, the proposed amendments are organized into related focus areas with the associated analysis for each. A compilation of the proposed amended ordinance provisions is provided in Attachment A (strike-through/redlined version) and Attachment B (clean version):
Streamlined Ministerial Architectural Review Process
1. Section 18.115.020, Approval authority of architectural review permits The proposed amendment would introduce a new level of review authority for projects qualifying for a ministerial architectural review process, as required under state law provisions. This amendment is proposed to comply with various state streamlining laws (i.e., SB 330, SB 35, and SB 9).
2. Section 18.20.040.K, Additional Development Regulations (for residential development)
The proposed amendment would clarify that residential projects that qualify for streamlined review under state law, and therefore comply with objective design standards, will be subject to a ministerial architectural review process, and that projects that do not comply or that do not seek streamlined review under state law provisions will be subject to a discretionary architectural review process. This amendment is proposed to comply with various state streamlining laws (i.e., SB 330, SB 35, and SB 9) and add clarity to the existing ordinance.
Temporary Uses
3. Section 18.15.070, Temporary use classifications
The proposed amendment introduces “eating and drinking use” as a Temporary Use classification. This amendment addresses a current gap in the ordinance and codifies the current practice of allowing “eating and drinking use” through issuance of a Temporary Use Permit.
4. Section 18.20.020, Residential land use regulations
The proposed amendment introduces “real estate sales” as a permitted Temporary Use classification in the use table for residential land use regulations. This amendment addresses a current gap in the ordinance and codifies the current practice of allowing “real estate sales” through issuance of a Temporary Use Permit.
5. Section 18.25.020, Commercial land use regulations
The proposed amendment incorporates “eating and drinking use” and “real estate sales” as permitted Temporary Use classifications in the use table. This amendment addresses a current gap in the ordinance and codifies the current practice of allowing both uses through issuance of a Temporary Use Permit.
Fence Regulations
6. Section 18.20.040.I, Fences and walls
The proposed amendment clarifies that a six-foot-tall fence (maximum) is permitted within a front yard setback only when said front yard abuts an adjacent rear or side yard of a neighboring property(s), and if located outside of the sight visibility triangle at corners or driveways. Current regulations allow up to a three-foot-tall fence within the front yard setback for all lots regardless of the abutting lot condition. This amendment address a current gap in the zoning ordinance and codifies current allowances by Staff.
Signs
7. Section 18.60.020.R (Exempt Signs), Real estate signs in residential zoning districts The proposed amended language allots up to 24 square feet of temporary commercial real estate signage for selling and/or leasing offices associated with the construction and grand/initial opening of multifamily residential developments and single-family residential subdivisions of three or more lots. Current regulations limit real estate signs to six square feet within all residential zoning districts. Currently, Staff has allowed such signs through a Temporary Use Permit required for the model home or sales office. This amendment addresses a current gap in the ordinance and codifies the current practice applied to real estate signs for larger residential projects.
8. Section 18.60.020.X (Exempt Signs) Vehicle or trailer signs This amendment was brought to Staff’s attention by the City’s Code Investigator seeking clarity on the enforcement of signs on vehicles. Signs located on vehicles or trailers are currently regulated by two different sections of the City’s Sign Ordinance, Section 18.60.020.X (exempt signs) and Section 18.60.060.G (prohibited signs). The proposed amendment introduces new criteria to Section 18.60.020.X to aid Staff in determining whether a sign is indeed incidental to the primary use of the vehicle or trailer and therefore exempt. The Planning Commission asked Staff to review this section with the City Attorney before presenting it to the City Council to ensure the proposed language was enforceable. Staff has incorporated all comments from the City Attorney into the revised proposed language.
No changes are proposed to the language located in Section 18.60.060.G (prohibited signs), which currently prohibits placement of signs on a vehicle or trailer if the apparent purpose is to advertise a product or business, or direct people to a business or activity located on the same or other property. This amendment addresses current inconsistencies within the code and provides clarify for staff when enforcing the above regulations.
9. Section 18.60.030.B, Required sign permits
The proposed amendment clarifies that a sign permit, reviewed by the Architectural Review Commission, is required, at a minimum, for any individual sign that varies from the applicable standards of an approved master sign program. General changes proposed to the standards of a master sign program will require formally amending the master sign program itself. This amendment addresses a current gap in the ordinance and codifies staff’s current practice.
10. Section 18.60.040.C, Calculating maximum sign area
As currently written, this section implies that sign area can be computed by measuring multiple shapes around a single sign. This is not consistent with staff’s interpretation and current practice. The proposed ordinance eliminates reference to “(s)” after the word “shape” to clarify that only one single geometric shape can be used when determining the area of a sign.
11. Section 18.60.050.B.3, Illumination for sign visible from residential districts The proposed amendment modifies existing language to clarify that “R district” is referring to all residential districts, not just single-family zones. This amendment is proposed for clarity.
12. Section 18.60.050.G.3, Wall Signs
As currently written, this section prohibits the illumination of wall signs facing a residential zoning district and is in direct conflict with Section 18.60.050.B.3 (which permits the illumination of wall signs facing a residential district with additional restrictions). Therefore, amendments are proposed to Section 18.60.050.G.3 to clarify that illumination of wall signs is permitted when facing a residential zoning district if it is consistent with Section 18.60.050.B.3. This amendment corrects conflicting sections of the code and aligns with the City’s current practice of regulating, but not outright prohibiting, sign illuminations when facing a residential zoning district.
Scenic Routes
13. Section 18.20.030 and 18.20.040, Residential development regulations The proposed amendment incorporates a new note “L” within the table for residential development regulations (Schedule 18.20.030) and under additional development regulations related to scenic routes (18.20.040) referencing the 2040 General Plan, Land Use Goal 2 (LU-2) “Promote scenic routes and corridors in the city that add to the overall character of the City”. This amendment provides clarity for development in scenic route areas and reinforces the applicability of General Plan policies related to scenic routes.
14. Section 18.25.030 and 18.25.040, Commercial development regulations The proposed amendment incorporates a new note “I” within the table for commercial development regulations (Schedule 18.25.030) and under additional development regulations related to scenic routes (18.25.040) referencing the 2040 General Plan, Land Use Goal 2 (LU-2) “Promote scenic routes and corridors in the city that add to the overall character of the City.” This amendment provides clarity for development in scenic route areas and reinforces the applicability of General Plan policies related to scenic routes.
Automobile Service Uses
15. Section 18.15.040, Commercial land use classifications The proposed amendment introduces modifications to several existing land use designation with the goal of allowing more flexibility surrounding less intensive automobile maintenance and installation services, such as window tinting, vehicle body film protection, audio system installation, and alarm installation, separate from more intensive automobile repair shops, such as auto body, collision, or brake shops.
First, the existing “automobile maintenance, limited” use classification (see definition below) is proposed to be amended to including window tinting as a limited maintenance service. This would allow tinting uses to be permitted within the RB, C, and LI zones. Staff believes that tinting treatments is compatible with the services already permitted through this use classification and would not negatively impact the RB, C or LI zones.
Automobile maintenance, limited. An establishment engaged in the replacement and refurbishment of motor vehicle fluids (excluding fuel), chassis lubrication, minor tune-ups, smog inspection and other similar maintenance of automobiles and light vehicles, excluding washing of the vehicle, waxing, and other cleaning or surface treatment of the vehicle.
Additionally, the existing “automobile washing” use classification (see existing definition below) is proposed to be amended to also include services such as the application of exterior treatments and coating. The automobile washing use classification is permitted in the C and LI zone, and conditionally permitted in the RB zone. Staff believes that the application of exterior treatments and coating is compatible with automobile washing services and that requiring a Use Permit for these uses in the RB zone would allow staff to further analyze each specific request individually.
Automobile washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.
Finally, the existing “Retail sales” use classification (see existing definition below) is proposed to be amended to allow for the incidental installation of automobile accessories, such as car alarms and sound systems, when the installation is accessory to the primary retail use and occurs entirely within a building. This subset of retail sales uses would also be consistent with the land use regulations of the “automobile maintenance, limited” use classification and only be permitted within the RB, C, and LI zones. Retail sales of automobile parts and accessories without incidental installation would continue to be allowed in the NB zone (if less than 20,000 square feet).
Retail sales. An establishment engaged in retail sales of goods, including, but not limited to, the retail sale of merchandise not specifically listed under another use classification. This classification includes but is not limited to a department store, clothing store, secondhand store, furniture store, and business retailing the following goods as examples: toys, hobby materials, groceries, hand-crafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, baseball cards, coins and other collectibles (e.g., cards or comics), comics, paint and wallpaper, carpeting and floor covering, medical supplies, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation).
16. Section 18.25.020, Commercial land use regulations
Based on direction from the Planning Commission, a new subset of “retail sales” will be added to the commercial land use table allowing the retail sales and incidental installation of automobile parts and accessories within the RB, C, and LI zones if the installation occurs entirely within an enclosed building. No changes to the land use regulations for the “automobile maintenance, limited” use classification is proposed.
Parking Requirements
17. Section 18.55.030, Off street parking requirements
The proposed amendment modifies the parking requirements for small and large family daycare homes to be consistent with requirements of the applicable singlefamily or multi-family use. This amendment is necessary to comply with Senate Bill 234, which requires all family daycare homes (up to 14 children) to be treated as a residential use of property for purposes of all local ordinances, including parking requirements.
18. Section 18.55.070.A.3, Electric vehicle parking
The proposed amendment removes reference to the formally repealed Section
18.50.170 and replaces it with reference to the newly adopted Chapter 14.75, “Electric Vehicle Charging Systems; Streamlined Permitting,” relating to an expedited, streamlined permitting process for electric vehicle charging stations. This amendment is necessary to comply with applicable state laws and align multiple ordinance sections related to electrical vehicle parking regulations.
Miscellaneous Topics
19. Section 18.20.020, Residential land use regulations for home occupations The proposed amendment removes the notation requiring a use permit for home occupation permit and replaces it with “permitted” in all residential zones. This amendment corrects inaccurate information in the ordinance.
20. Section 18.20.020, Residential land use regulations for accessory uses The proposed amendment removes notation requiring a use permit for accessory uses in residential zones. Additionally, this amendment incorporates a reference to the accessory use classifications found in PHMC Section 18.15.060 for added clarity.
This amendment corrects inaccurate information and addresses gaps in the ordinance.
21. Section 18.25.20, Commercial land use regulations for fitness studios The proposed amendment modifies the commercial land use table to require a use permit (“U”) for fitness studios in the Professional & Administrative Offices (PAO) zone. This amendment results in consistency with other commercial zone requirements where a use permit is required for fitness studios.
22. Section 18.50.110, Tree Preservation
The proposed amendment introduces an expiration of one year for all approved tree removal permits. This amendment addresses a current gap in the code.
23. Section 18.65.030.C.2, Restoration of nonconforming structures Current regulations allow a residential structure located within a residential zoning district to be rebuilt to an existing, nonconforming setback or garage dimension if the structure was destroyed (by fire or other calamity) or voluntarily razed. This amendment introduces language allowing residential structures within residential zoning districts to also be restored to the same nonconforming height and number of stories if the structure is destroyed or razed. This amendment addresses a gap in the ordinance and increase the flexibility for the rebuilding of nonconforming residential structures.
24. Section 18.85.010, Zoning permits applicability
The proposed amendment clarifies that zoning permits are also required for any new business, not only a change in use. Additionally, the proposed amendment clarifies that small and large family daycares, along with other uses exempt under state law, are exempt from needing a zoning permit. This amendment is necessary to codify current practices, provide further clarity in the ordinance, and comply with State law provisions.
25. Section 5.05.240.O, Exempt activities and organization (Business Licenses) The proposed amendment is directly related to the amendment above (#24) and clarifies that small or large residential family day care homes are exempt from obtaining a business license. This amendment is necessary to codify current practices and comply with State law provisions.
26. Section 18.140.010, Accessory Structure definitions The proposed amendment modifies the existing definition of an accessory structure to clarify that an accessory structure must be located on a site with an existing or proposed primary structure. This amendment provides clarification and address a gap in the code.
27. Section 18.140.010, Yard type definitions (corner side yards) The proposed amendment introduces language clarifying (for setback purposes) that if a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard, and not a corner side yard.
This amendment provides clarity in the ordinance and codify current practices.
CEQA
Pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, the lead agency has determined that the proposed activity is exempt from CEQA. The City as the lead agency has determined with certainty that the proposed activity will not have a significant effect on the environment as the proposed amendments do not directly approve any physical development and are intended to comply with applicable State provisions.
FISCAL IMPACT
None
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department.
Notice of the meeting was also provided in the East Bay Times Newspaper published on July 7, 2023 and July 22, 2023 (Attachment D), displayed on A-frames at the Police Station and Pleasant Hill Library, displayed on the City Hall changeable message board sign, and on the City’s web page. The agenda, staff report, and attachments are posted on the City’s webpage.
PUBLIC COMMENTS
One member of the public spoke at the March 28, 2023 Planning Commission study session regarding the draft amendments related to automobile service uses and expressed support for expanding automobile service uses in the Retail Business zone.
RECOMMENDED CITY COUNCIL ACTION
Introduce the ordinance.
ALTERNATIVES TO RECOMMENDED ACTION
1. Continue the item to a later date with direction provided to Staff.
2. Do not introduce the Ordinance.
ATTACHMENTS
A Proposed Draft Ordinance (Strikeout/underline)
B Proposed Draft Ordinance (Clean)
C Planning Commission Resolution No. 11-23
D Public Notice
Prepared by: Haley Croffoot, Senior Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager