1 ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING PLEASANT HILL MUNICIPAL CODE SECTION 5.05.240, BUSINESS LICENSE, 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
WHEREAS, amendments to Title 5 and Title 18 of the Pleasant Hill Municipal Code are proposed to amend provisions related to related to applicability of zoning code regulations, parking, signs, tree preservation, architectural review permits, accessory structures, fences and walls, use classifications, and definitions; and
WHEREAS, the City wishes to clarify and streamline various sections of the zoning code that have has created confusion and questioned its applicability; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing before the Planning Commission on the proposed ordinance was noticed for May 9, 2023.
The meeting was then cancelled due to a lack of quorum and the item was continued to May 23, 2023; and
WHEREAS, on May 23, 2023, the Planning Commission held the continued public hearing and received public comment where all interested persons might appear and be heard, and adopted Resolution No. 11-23 recommending that the City Council adopt the proposed ordinance; and WHEREAS, after notice having been duly given, a public hearing on the proposed ordinance was held by the City Council on _____, 2023, where all interested persons might appear and be heard.
NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:
2 Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment as the proposed activity (ordinance amendment) is exempt as it will not have a significant effect on the environment as it does not directly approve any physical development. The adoption of this ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
Section 3. Section 5.05.240.O, Exempt activities and organizations for Business Licenses is amended as follows:
5.05.240.O Exempt activities and organizations.
O. Residential care facility or residential family day care home. Residential care facility or residential family day care home of six people or less, whether adults or children or a small or large residential family day care home. (See generally: Health and Saf. Code §§ 1502, 1502.5, 1523.1(a)(3), 1566.2, 1568.05(b), 1569.18, 1596.78(c), 1596.803(a)(3), 1597.42, 1597.45(b).)
Section 4. Section 18.15.040, Commercial use classification for “automobile maintenance, limited”, “automobile washing”, and “retail sales”, is amended as follows:
18.15.040 Commercial use classifications.
Automobile maintenance, limited. An establishment engaged in the limited maintenance of automobiles, including but not limited to, the replacement and refurbishment of motor vehicle fluids (excluding fuel), chassis lubrication, minor tuneups, smog inspection, and window tint installation, or other similar maintenance of automobiles and light vehicles, excluding washing of the vehicle, waxing, and other cleaning or surface treatment of the vehicle, and those services described under the “automobile, vehicle and equipment repair” use classification.
Automobile washing and exterior protection. Washing, waxing, or cleaning of automobiles or similar light vehicles and the installation of exterior body wraps, coating and protective film, excluding exterior paint.
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 3 covering, medical supplies, office supplies, bicycles, and new automotive parts and accessories (including installation, but excluding service activities).
Section 5. Section 18.15.070, Temporary use classifications is amended as follows:
18.15.070, Temporary use classifications.
Uses that are short-term or temporary in nature are classified separately for purposes of the land use regulations; provided, that the use does not exceed any time limits specified. (Reference: PHMC Chapter 18.100, Temporary Use Permit.) If the event takes place partly or wholly on public property, see PHMC Chapter 6.20, Special Event Permit.
Agricultural sales. Seasonal sales of agricultural or horticultural products, including Christmas trees, pumpkins and firewood.
Animal shows or sales. Exhibitions of domestic or large animals. This classification includes animal sales.
Arts and crafts shows, outdoor. Display and sale of painting, sculpture, hand crafts and similar objects.
Civic and community events. Special events open to the public.
Commercial filming, limited. Commercial motion picture or video photography at the same location.
Eating and drinking use. Serving of prepared food or beverages for consumption on or off the premises on a site that is not permanently occupied by, or related to, an existing legally established on-site, a eating and drinking establishment.
Farmers’ market. Recurring sales of agricultural, horticultural and other food products that are seasonal in nature.
Live entertainment event. Concert, carnival, circus, fair, or other similar event.
Personal property sales. Sales of personal property by a resident. This classification includes garage sales.
Real estate sales. An on-site office for the marketing, sales or rental of residential, commercial or industrial development. This classification includes “model homes.”
Recreational events. Events featuring sports, exercise, physical play or competitions.
Religious group assembly. Religious services conducted on a site that is not permanently occupied by a religious assembly use.
Retail sales, outdoor. Retail sales of merchandise in an open or covered outdoor area on the site of a legally established retail business.
Street fair. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.
Swap meet. Retail sale or exchange of new, hand-crafted, or secondhand merchandise.
4 Trade fairs. Display and sale of goods or equipment related to a specific trade or industry.
Section 6. Section 18.20.020, Land use regulations for “home occupation,” “accessory uses,” and temporary “real estate sales” in all residential districts is amended as follows:
SCHEDULE 18.20.020
R AND MR DISTRICTS:
LAND USE
REGULATIONS
P Permitted
U Use Permit Required
T Temporary Use Permit Required
L Limited (see specific limitations listed following schedule) – Not Permitted
R20
R15
R10
R10AR-7
R-6 MRVL MRL MRM MRH Additional Use Regulations
Residential Uses
Home occupation P P P P P P P See PHMC § 18.20.070.
Accessory Uses P P P P P P P See PHMC § 18.15.060 and §
18.20.050.
Temporary Uses See PHMC Chapter 18.100.
Real estate sales P P P P P P P
1. Schedule 18.20.030, Development regulations for “scenic routes” in all residential districts is amended as follows:
SCHEDULE 18.20.030
DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R10A R-7 R-6 MRVL MRL MRM MRH
Additional Development
Regulations (See PHMC
§ 18.20.040)
Scenic Route 50 50 50 50 50 50 50 50 50 50 L
Section 7. Section 18.20.040, Additional development regulations corresponding to residential development is amended as follows:
18.20.040.I, 18.20.040.K and 18.20.040.L, Additional development regulations corresponding to Schedule 18.20.030.
I. Fences and walls. The maximum height of any fence or wall (including a retaining wall) is six feet, except three feet within required front and corner side yards, unless otherwise specified below. The maximum height of any fence located within the front yard of a lot is six feet along any portion of the property line that abuts an adjacent side or rear yard, all other portions of the front yard fence that does not abut an adjacent side or rear yard is limited to three feet for single-family residences on corner lots, a five-foot 5 setback from the corner side property line is required for a wall or fence over three feet in height. (See also subsection C of this section.) Height is measured pursuant to PHMC § 18.145.050.B. The maximum height of any fence or wall must also comply with visibility requirements if located at a street intersection (see PHMC §18.50.100.A) or at a driveway (see PHMC §18.55.130).
K. City-wide objective design standards. All single-family residential and multifamily residential development shall comply with objective design standards, as adopted by city council resolution.
1. Streamlined residential projects. If a proposed residential development project qualifies for streamlined permit review, as determined by state law, the zoning administrator shall review the proposed project to verify compliance with the objective design standards applicable to such projects. Proposed qualifying residential development projects that comply with all objective design standards shall be subject to a ministerial architectural review process. Qualifying projects that do not comply with the objective design standards, or projects not seeking streamlined permit review, as determined by state law, shall be subject to a discretionary architectural review permit process, as specified in PHMC Chapter 18.115.
L. Scenic Routes. See 2040 General Plan, Land Use Goal 2 (LU-2).
Section 8. Schedule 18.25.020, Land use regulations for “fitness studios,” “retail sales,” and “temporary uses” within all commercial, retail business, neighborhood business, office and light industrial districts is amended as follows:
SCHEDULE 18.25.020
NB, RB, PAO, C, AND LI DISTRICTS:
LAND USE REGULATIONS
P Permitted
U Use Permit Required
T Temporary Use Permit Required
L Limited (see specific limitations listed following schedule) – Not Permitted
NB RB PAO C LI Additional Use Regulations
Fitness studio U U U – L12
Retail sales, less than 20,000 square feet P P L-2 P L4 Firearms sales – L16L-16 L16L16
This regulation also applies to
firearms sales in any planned unit
district (PUD).
With enclosed or unenclosed outdoor dropoff, display or storage of goodsU U – U – Retail sales, more than 20,000 square feet L5P L-2 P L4 6 SCHEDULE 18.25.020
NB, RB, PAO, C, AND LI DISTRICTS:
LAND USE REGULATIONS
P Permitted
U Use Permit Required
T Temporary Use Permit Required
L Limited (see specific limitations listed following schedule) – Not Permitted
NB RB PAO C LI Additional Use Regulations
Automobile parts and accessory sales with
incidental installation located entirely within
an enclosed building
– P – P P
Temporary Uses See PHMC Chapter 18.100.
Eating and drinking use T T T T T
Real estate sales T T T T T
Section 9. Schedule 18.25.030, Development regulations for “scenic routes” in Commercial, Office and Limited Industrial Districts is amended as follows:
SCHEDULE 18.25.030 – DEVELOPMENT REGULATIONS IN COMMERCIAL, OFFICE AND LIMITED
INDUSTRIAL DISTRICTS
NB RB PAO C LI
Additional
Development
Regulations
Scenic Route (feet) 50 50 50 50 50 (I)
Section 10. Section 18.25.040.I, Additional development regulations related to Schedule
18.25.030 is introduced as follows:
I. Scenic Routes. See 2040 General Plan, Land Use Goal 2 (LU-2).
Section 11. Section 18.50.110.J, Tree preservation is amended as follows:
J. Tree Removal Permit Expiration. An approved Tree Removal Permit shall be valid for a period of one year from the approval date, unless the tree is removed, or the permit renewed by the zoning administrator or other hearing body that originally approved it.
K. Appeals. Any decision to approve or deny a tree removal may be appealed by the applicant or any interested party pursuant to the procedures specified in PHMC Chapter 18.130.
Section 12. Schedule 18.55.030, Off-street parking and loading spaces required for “family day care home, large,” and “family day care home, small” is amended as follows:
7 SCHEDULE 18.55.030A
OFF-STREET PARKING AND LOADING SPACES REQUIRED
Use Classification Off-Street Parking Spaces
Off-Street Loading
Spaces:
Schedule 18.55.030B
Group Number
Residential
Family day care home,
large
See applicable single-family or multi-family residential parking requirements.
Family day care home,
small
See applicable single-family or multi-family residential parking requirements.
Section 13. Section 18.55.070.A.3, Electric vehicle (EV) parking is amended as follows:
A. Electric vehicle (EV) parking – Number required.
1. Commercial use classifications. New development shall provide a minimum of one EV parking space (including charging facility) when the parking lot has 25 to 50 parking spaces, and one additional EV parking space (including charging facility) for every 50 additional spaces. Existing parking lots that are modified and subject to the provisions of PHMC § 18.55.020.A shall also be required to comply with this section.
2. All other use classifications: as specified by architectural review, use or development plan permit.
3. Development regulations: contained in PHMC § 14.75.
Section 14. Section 18.60.020.R, Exempt signs is amended as follows:
R. Real estate sign.
1. One temporary on-site real estate sign not exceeding six square feet in R, HPUD, and residential areas of PUD and PPD districts or 32 square feet in other districts that advertises the sale, lease or rental of a structure or land. Any freestanding sign shall not exceed six feet in height. The sign shall be removed within seven working days following the sale (close of escrow), lease or rental of the property.
2. Up to 24 square feet of sign area for temporary on-site real estate signage shall be permitted during the construction and for the grand/initial opening of multifamily residential developments and single-family residential subdivisions containing three or more homes for sale.
3. Up to four off-site open house signs, each not exceeding four square feet in area and three feet in height, to be placed as necessary at street intersections leading to the open house, plus one on-site real estate company open house sign, are allowed only on the weekends or for the Contra Costa Association of Realtors-sponsored broker’s open house. Only one sign is allowed per intersection regardless of the number of open houses in the direction indicated by the sign. No 8 temporary off-site directional real estate sign shall be located on a wall or fence in the public right-of-way, on a utility pole, or on a public street, median strip, traffic island, public landscaped area, sidewalk or private property without permission of the owner.
Section 15. Section 18.60.020.X, Exempt signs is amended as follows:
X. Vehicle or trailer sign. An identification sign painted on or affixed to a vehicle or trailer if all of the following apply:
1. The vehicle or trailer is legally parked within a single, delineated parking space; and
2. The sign is incidental to the primary use of the vehicle or trailer. The following criteria may be used in determining whether the sign is indeed incidental to the primary use of the vehicle or trailer, in which case it may be exempt, or where the primary purpose of the sign is to advertise a product or business or direct people to a business or activity located on the same or other property, in which case it is prohibited:
a. Whether the sign is painted upon or applied in a permanent manner directly to an integral part of the vehicle or trailer or merely temporarily attached to the vehicle;
b. Whether the vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable; c. While the business is open, the vehicle is not moved and the vehicle is so parked or placed that the signs thereon are displayed to the public; d. Whether the vehicle or trailer is regularly parked in a location and in a manner so as to be observed by passersby;
e. Whether the vehicle or trailer is actively used as a vehicle in the daily function of the business to which such signs relate;
f. Whether the vehicle or trailer is associated with, and necessary to, performing a service at the property in which the vehicle or trailer is located; and
g. Whether the sign includes directional copy that would only be applicable if parked in the vicinity of the use.
It is not necessary that any one or all of the listed criteria be present in order to determine that a vehicle sign falls into the exempt or prohibited category; the criteria are intended to guide City staff toward making consistent determinations on the matter.
Section 16. Section 18.60.030.B, Required sign permits is amended as follows:
B. Sign permit for permanent sign. A sign permit is required for a permanent sign including the following types: wall sign, freestanding sign, shingle sign, off-premises sign, multiple-story office sign, theater or cinema sign, and variations from an approved master sign program for individual signs. The application and approval procedures are set forth in PHMC Chapter 18.105.
9 Section 17. Section 18.60.040.C, Calculating maximum sign area, is amended as follows:
Section 18.60.040.C.4 Calculating maximum sign area. In determining compliance with maximum sign area, the following general regulations apply:
1. Only one side of a building is used in calculating the building frontage. The zoning administrator may designate another side of a building as the building frontage if it is determined that: (a) the primary access to the tenant spaces is from a side facing an interior side lot line; and (b) the interior lot line is longer than the front lot line.
2. Only the street frontage that is developed or approved for development is counted for purposes of determining the maximum allowable sign area. Vacant land reserved for future development is not counted.
3. No sign or sign area permitted on one tenant’s building frontage shall be transferred to another tenant’s building frontage within a shopping center or other multi-tenant structure or development except in accord with a master sign plan prepared under PHMC § 18.60.080.
4. Sign area shall be computed by measuring the simplest geometric shape that will encompass the extreme limits of the sign. Negative space that is bounded by sign elements must be counted as sign area. For panel signs (see definition), the background area of the panel (surrounding the lettering) shall not be included in the calculation of sign area; provided, that the background of the panel does not contain text, is designed to complement the sign design and the building facade, is proportionate to the size of the sign lettering, and is compatible with the colors, materials and design of the sign.
Section 18. Section 18.60.050.B.3, Sign illumination, is amended as follows:
Section 18.60.050.B.3 Illumination – Movement. The following regulations apply to a sign which is illuminated or which moves.
5. No sign may have exposed fluorescent tubes or incandescent bulbs unless determined by the decision-making authority to be an enhancement to the design of the sign and complementary to the architecture of a building facade.
6. If a sign is indirectly illuminated, the lighting shall be white or amber colored.
7. A sign directly visible from a residential zoning district shall not be illuminated between 10:00 p.m. and 6:00 a.m., except during the hours the business is open.
Section 19. Section 18.60.050.G, Wall Signs, is amended as follows:
Section 18.60.050.G Wall Signs. A wall sign must comply with the maximum sign area requirements of PHMC § 18.60.040 and shall not:
8. Project above an eave or parapet, including the eave of a simulated mansard roof;
9. Project more than six inches from the face of the building; or 10 10. Include illumination between the hours of 10:00 p.m. and 6:00 a.m., except during the hours a business is open, when facing a residential zoning district as set forth in PHMC Section 18.60.050.B.3.
Section 20. Section 18.65.030.C, Restoration of nonconforming structures is amended as follows:
Section 18.65.030.C. Restoration.
11. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to the extent of 50% or less, the structure may be restored (and the nonconforming use resumed); provided, that restoration is started within six months and diligently pursued to completion.
12. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to an extent greater than 50%, the structure shall not be restored except in full conformity with the regulations for the district in which it is located. However, a residential structure in an residential zoning district that does not conform to yard setbacks, height, or number of stories, or a residential garage that does not conform to the minimum dimensional limits may be reconstructed with the same floor area, provided there is no increase in any nonconformity, and upon issuance of a use permit by the zoning administrator.
13. The extent of damage or partial destruction under subsection C.1 or C.2 of this section shall be based upon the ratio of the estimated cost of restoring the structure to its condition before the damage or partial destruction to the estimated cost of duplicating the entire structure as it existed before the damage or partial destruction. Estimates for this purpose shall be made by or shall be reviewed and approved by the chief building official.
14. Notwithstanding the requirements of this subsection C, a structure, or any portion of it, which is legally existing as of February 24, 2010, and which is located within a creek setback area under PHMC § 18.50.150.A may be replaced in kind if the property owner obtains a building permit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a use permit under this section.
15. Notwithstanding the requirements of PHMC § 18.20.050, an accessory structure, or any portion of it, which is legally existing as of September 28, 2011, which exceeds the allowable height and/or size only, may be replaced or reconstructed in kind without the requirement of a use permit under this section (refers to the nonconforming structure provisions of the zoning ordinance) if the property owner obtains a building permit within 18 months of the voluntary or involuntary destruction of the structure; and provided, that the replacement structure will not exceed the height, floor area, lot coverage, or otherwise increase the degree of nonconformity of the original structure.
11 16. Notwithstanding the requirements of this subsection C, a care facility, large, licensed or unlicensed, which is legally existing within any single-family residential zone district as of June 20, 2012, may be replaced in kind if the property owner obtains a building permit within 18 months (within the same building footprint and without increasing the degree of nonconformity or intensity of use) without the requirement of a use permit under this section.
Section 21. Section 18.85.010, Zoning permit applicability is amended as follows:
Section 18.85.010. Purpose and Applicability.
A zoning permit is required before issuance of a building or grading permit, before a change in use of a property or establishment of a new business, issuance of a Section 6409(a) permit, or before modifying, replacing or constructing an accessory structure, replacing or constructing a fence or wall within a residential front or street side yard. The purpose is to ensure that each new or expanded use of a site and each new or expanded structure complies with this chapter. Small and large family day care homes, and other uses exempt under state law, are exempt from this requirement.
Section 22. Section 18.115.020, Architectural review permit approval authority is amended as follows:
18.115.020, Approval authority.
A. Architectural review commission. Except as provided in subsections B and C of this section, the architectural review commission has the authority to approve architectural review permits. The architectural review commission is established under PHMC Chapter 3.10.
B. Zoning administrator. The zoning administrator has the authority to approve an architectural review permit for any of the following improvements if the zoning administrator finds that such improvements will not have a significant visual impact.
1. A minor alteration to an existing structure in a PUD, PPD or HPUD development that is consistent with the original approval and has the approval of the homeowners association, if one exists;
2. A minor alteration to an existing structure in the RB, NB, C, PAO or LI district that is consistent with the original approval. Minor alterations include improvements such as repainting, landscape modification, and window replacements;
3. An addition or repair to an existing structure if the exterior is not altered.
The zoning administrator may, in his or her discretion, refer an application directly to the architectural review commission. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.2, 1996; 1991 code § 35-32.2)
12 C. Streamlined ministerial review. Residential development projects qualifying for streamlined permit review, as established under PHMC Section 18.20.040.K, shall be subject to a ministerial architectural review process.
Section 23. Section 18.140.010, Definitions for “Structure, accessory” and “Yard types” is amended as follows:
Section 18.140.010, Definitions. “Structure, accessory” Structure, accessory. An accessory structure is a structure placed on a site, other than the principal, permanent residential structure. An accessory structure must be located on a site with an existing or proposed primary structure. Temporary containers or storage units regulated by PHMC § 18.20.140, fences or walls eight feet or less in height, decks attached to the principal permanent residential structure, free-standing decks 18 inches or less in height above ground, in-ground pools, and permanent basketball hoops shall not be considered accessory structures.
Section 18.140.010, Definitions. “Yard Types”
Corner side yard. A side yard on the street side of a corner lot. The depth of the corner side yard is the minimum horizontal distance between the corner side property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure. 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 for setback purposes.
Front yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.
Rear yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel to it on the site. On a corner lot, the rear yard extends only to the corner side yard. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.
Side yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal distance between the side property line and a line parallel thereto on the site, except that the corner side yard shall extend to the rear lot line. 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 for setback purposes.
Section 24. This ordinance is consistent with the following General Plan Policies and Programs:
13 a. Land Use Policy 4.4 – Capture Local Spending: Encourage the development of a broad range of commercial uses that capture a greater share of local spending and reduce resident’s reliance upon travel to nearby communities.
The proposed amendment provides further clarification and expansion of certain commercial land use classification such as limited automobile maintenance and retail sales uses that may help revitalize commercial areas, general local spending, and encourage uses that would otherwise consider locations in nearby communities.
b. Land Use Policy 8.2 – Incompatible Land Uses: Prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas.
The proposed amendment provides further clarification for certain commercial land use classifications such as limited automobile maintenance, automobile washing and exterior protection, and retail sales uses that will not impact the existing balance between residential development and commercial and office uses.
Additionally, the amendment introduces a use permit requirement for fitness facilities in the Professional and Administrative Office zone to ensure compatibility between office and other uses. Finally, the amendment clarifies policies surrounding fence provisions for privacy, and sign illumination when facing a residential district, to ensure reasonable balance is maintained between residential and commercial uses.
c. Economics and Economy Policy 3.5 – Underutilized Parcels: Facilitate appropriate reuse of underutilized parcels.
The proposed amendment provides further clarification for certain commercial land use classifications such as limited automobile maintenance and retail sales uses that may help to revitalize commercial areas and could lead to redevelopment of certain sites. Additionally, this amendment introduces a new ministerial architectural review process and clarifies when the process could be utilized for residential projects in compliance with state law, which will streamline the process for certain residential developments in appropriate, underutilized parcels. d. Housing Policy 2.3 – Streamline Review: Facilitate streamlined review of below market rate and special needs housing projects.
The proposed amendments introduce a new ministerial architectural review process and clarifies when the process could be utilized for residential projects in compliance with state law, many of which include provisions for affordable housing. This new process will streamline the process for certain residential developments.
Section 25. If any section, subsection, phrase, or clause of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.” Section 26. This ordinance shall be effective 30 days after its adoption.
Section 27. Within fifteen days after the passage of this ordinance, the City Clerk shall 14 cause it to be posted in the three places designated by resolution of the City Council.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the __ day of ________, 2023.
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of ___, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
________________________________________
JUANITA DAVALOS, Acting City Clerk