RESOLUTION NO. 11 - 23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANT HILL
RECOMMENDING THAT THE CITY COUNCIL AMEND PLEASANT HILL MUNICIPAL CODE 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 18 of the Pleasant Hill Municipal Code are proposed to amend provisions 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 amend provisions of the zoning ordinance that have proven to be unclear, problematic to implement, inconsistent with other sections of the ordinance, or in conflict with newly adopted State regulations; and
•WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance amendments was noticed for May 9, 2023. The meeting was cancelled due to a lack of quorum and the item was continued to May 23, 2023.
WHEREAS, the Planning Commission held the continued public hearing at the May 23, 2023 meeting where all interested persons might appear and be heard.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the City Council approve the exemption from CEQA and adopt the attached zoning ordinance (Exhibit A) based on the following findings:
CEQA Finding
The Planning Commission 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.
Zoning Ordinance Amendment Findings
1. The new ordinance section shall be consistent with the policies of the General Plan; 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.
2 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.
2. The ordinance amendment shall be consistent with the purpose of the Zoning Ordinance, which is to protect and promote the public health, safety and general welfare and implement the policies of the General Plan, more specifically:
a. Provide a precise guide for the physical development of the City to preserve the character and quality of the residential neighborhoods, foster convenient, harmonious and workable relationships among land uses and achieve the arrangement of land uses described in the General Plan.
The proposed amendment would not affect or conflict with the development of the City. The amendment would update and clarify provisions and processes related to development in residential areas that would not degrade the character and quality of the area and would provide clear direction for certain standards for development purposes. Additionally, the amendment would update and clarify provisions related to development in commercial areas that ensure a harmonious relationship among land uses.
b. Promote the economic stability of existing land uses.
The proposed code amendment would promote the economic stability of land uses by clarifying certain commercial land use classifications such as limited automobile maintenance, automobile washing and exterior protection, and retail sales uses to incorporate additional services not currently listed as allowed uses.
Additionally, certain sign ordinance provisions related to sign area, illumination and approval processes would be clarified to promote tenant identification and economic stability.
c. Prevent excessive population densities and overcrowding of land and buildings.
The proposed ordinance amendment would not promote development that would result in excessive densities and overcrowding of land and buildings, as the amendment allows neither an increase in density or structure heights nor reduction in setbacks.
d. Ensure the provision of adequate open space for light, air and fire safety.
The proposed ordinance amendment would not promote development that would impact open space for light, air and fire safety, as the amendment allows neither an increase in density or structure heights nor reduction in setbacks. e. Ensure that service demands of new development will not exceed the capacities of existing streets, utilities or public services.
The proposed ordinance amendment would not promote development that would exceed the capacities of existing infrastructure, as the proposal would not change any allowed densities, floor area ratio, or lot coverage standards anywhere in the City.
3 ADOPTED by the Planning Commission, City of Pleasant Hill, on the 23rd day of May 2023, by the following vote:
AYES: Chiang, Cheney, Field, Johnson, Key, Wyler, Khalfin NOES: None
ABSTAIN: None
ABSENT: None
TROY FUJIMOTO, Secretary
Planning Commission