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Attachment A - Proposed Ordinance

Pleasant Hill City Council
January 8, 2024

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Attachment A - Proposed Ordinance
Meeting
January 8, 2024
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Pleasant Hill City Council
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ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL REZONING HOUSING OPPORTUNITY SITES IDENTIFIED IN THE 2023-2031 HOUSING ELEMENT, AND AMENDING PLEASANT HILL MUNICIPAL CODE CHAPTER 18.20 (R – RESIDENTIAL DISTRICTS), INTRODUCING CHAPTER 18.22 (MIXED-USE DISTRICTS), AND AMENDING CHAPTER 18.50 (USE CLASSIFICATIONS), CHAPTER 18.55 (OFFSTREET PARKING AND LOADING) AND CHAPTER 18.140 (DEFINITIONS) WHEREAS, the Housing Opportunity Sites, identified in the 2023-2031 Housing Element are proposed to be rezoned for consistency with the General Plan and State Housing Element Law; and
WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are related to multi-family residential zoning districts and new mixed-use zoning district, with related amendments to use classifications, off street parking standards and definitions; and WHEREAS, the amendments are necessary to implement the goals and policies of the recently adopted 2040 General Plan and 2023-2031 Housing Element; and WHEREAS, on May 18, 2023 the City of Pleasant Hill City Council approved Resolution No. 36-23 adopting environmental findings pursuant to the California Environmental Quality Act, certifying the final Environmental Impact Report (EIR) (SCH #2022070095) for the Pleasant Hill General Plan, including the 2023-2031 Housing Element, adopting the Mitigation Monitoring and Reporting Program, and approving the comprehensive update to the City’s existing General Plan; and
WHEREAS, on May 18, 2023 the City of Pleasant Hill City Council approved Resolution No. 37-23 adopting the City of Pleasant Hill 2023-2031 Housing Element in compliance with State Housing Element Law, repealed the 2015-2023 Housing Element, and certified an Environmental Impact Report (EIR); and
WHEREAS, on May 18, 2023 the City of Pleasant Hill City Council approved Resolution No. 38-23 adopting the City of Pleasant Hill 2040 General Plan, excluding the 2023-2031 Housing Element, and certification of an EIR; and
WHEREAS, on November 1, 2023, after notice thereof having been duly, regularly and lawfully given, the Planning Commission held a Special Meeting for a Study Session on the proposed ordinance amendments. The Planning provided preliminary feedback and was generally supportive of the changes but asked Staff to consider the following clarifications and modifications:
 Incorporate more flexibility in the minimum percentage of commercial proposed for mixed-use zones, and consider a waiver/reduction process where 25-percent minimum commercial may not be feasible or desirable
 For context, provide examples of projects with Floor Area Ratio’s (FAR) that are comparable to the new zoning designations
 Research other jurisdictions with minimum commercial requirements in mixed-use zones
Six members of the public spoke at the hearing Six members of the public spoke at the meeting and expressed concerns with the proposed building heights, noise impacts on existing residential neighborhoods, City’s noticing of the item, potential impacts to the two opportunity sites on Paso Nogal and Morello.

WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held before the Planning Commission at a Special Meeting, on the proposed ordinance was noticed for November 29, 2023 where all interested persons might appear and be heard; and WHEREAS, on November 29, 2023, at a Special Meeting of the Planning Commission, Resolution No. 23-23 was adopted recommending that the City Council approve 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 December 18, 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:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 the City Council hereby finds that no further environmental review is required for the proposed ordinance amendments as the previously certified EIR (certified on May 18, 2023) adequately addressed the environmental impacts of the proposed land use changes and the scope of the proposed amendments is not more intensive than what was analyzed in the EIR.

Section 3. Section 18.20.010 Specific purposes – Summary of residential districts is amended as follows:

18.20.010 Specific purposes – Summary of residential districts A. Specific purposes. In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of residential districts are to:

1. Preserve, protect and enhance appropriately located areas for residential land use, consistent with the city-wide design guidelines, general plan, and the standards of public health and safety.

2. Minimize the impacts of uses. Protect residents from the harmful effects of excessive noise, overcrowding, excessive traffic, insufficient parking and other adverse environmental effects.

3. Achieve design compatibility between new multifamily development and surrounding less intensive residential neighborhoods by establishing physical development standards and performance standards.

4. Ensure adequate provisions for sites, with reasonable access to public services, for appropriate public and semipublic land uses, including care facilities, needed to complement residential development or that require a residential environment. At the same time, protect the relatively quiet, primarily noncommercial, family atmosphere of neighborhoods.

5. Minimize the out-of-scale appearance of large homes, parking areas, and other development relative to their lot size and to other homes in a neighborhood.

6. Minimize transient occupancy (other than transitional housing), where occupants may have few or no bonds with the community, thereby diminishing the sense of community in a particular neighborhood.

7. Provide for certain care facilities to benefit disabled persons while ensuring that such uses do not create an institutional environment that would defeat the purpose of community-based care (either by overconcentration or by impacts of the use).

B. Summary of residential districts. Eleven residential districts are established to carry out these purposes:

1. R-20 and R-15 single-family residential districts. The R-20 and R-15 districts allow for low density single-family residential land use, at densities from 1.3 to 3 units per net acre subject to appropriate standards. In the R-20 district the minimum lot size is 20,000 square feet. In the R-15 district, the minimum lot size is 15,000 square feet.

2. R-10 and R-10A single-family residential districts. The R-10 and R-10A districts allow for medium density single-family residential land use at densities from 3.1 to 4.5 units per net acre, subject to appropriate standards. In the R-10 district the minimum lot size is 10,000 square feet. In the R-10A district, the average lot size is 10,000 square feet or more and the minimum lot size is 7,000 square feet.

3. R-7 and R-6 single-family residential districts. The R-7 and R-6 districts allow for high density single-family residential land use at densities from 4.6 to 7.3 units per net acre subject to appropriate standards. In the R-7 district the minimum lot size is 7,000 square feet.

In the R-6 district, the minimum lot size is 6,000 square feet.

4. MRVL very low density multi-family residential district. The MRVL district allows multiple-family residential uses, including duplexes, townhouses and attached or detached single-family homes on small lots; all with landscaped open space at a density between 7 and

11.9 units per acre.

5. MRL low density multi-family residential district. The MRL district allows multiplefamily residential uses including duplexes, townhouses, and single-family attached homes with zero lot line, mobile homes or cluster housing; all with landscaped open space at a density between 12 and 19.9 units per acre.

6. MRM medium density multi-family residential district. The MRM district allows multiple-family residential uses including townhouses, mobile homes, condominiums or apartments at a density between 20 and 29.9 units per acre.

7. MRH high density multi-family residential district. The MRH district allows for intensive multiple-family residential uses including townhouses, condominiums and apartments with a density range between 30 and 40 units per acre.

8. MRVH high density multi-family residential district. The MRVH district allows for intensive multi-family residential uses including studio flats, condominiums, and apartments with a density range between 40 and 73 units per acre.

9. HPUD residential hillside planned unit development. The HPUD allows for limited residential development including townhouses, condominiums and single-family homes on parcels having an average slope of 15 percent or greater. The following parcels shall be exempt from the HPUD standards established in this title: (Reference: PHMC Chapter

18.35.)
a. 152-010-004 (off of Paso Nogal Road)
b. 154-140-015 (off of Morello Avenue)

10. PUD residential planned unit development. The PUD allows for a total number of dwelling units that does not fall below the minimum number or exceed the maximum number permitted by the general plan for the total area allocated to residential use. (See also Gov’t Code § 65589.5.) (Ord. § __-__, 2023; (Ord. 867 § 4, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 796 § 2, 2005; Ord. 710 § 35-5.1, 1996; 1991 code § 35-5.1) Section 4. Section 18.20.020 Land use regulations for all residential districts is amended as follows:

Section 18.20.020 Land use regulations for all residential districts In Schedule 18.20.020, the uses allowed for each residential zoning district are established by letter designations as follows:
“P” designates use classifications permitted in residential districts. “U” designates use classifications permitted on approval of a use permit. “T” designates use classifications permitted on approval of a temporary use permit. “L” followed by a number designates use classifications subject to certain limitations listed by number following the schedule.
“P/U” designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.

The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution under PHMC § 18.15.010. The “Additional Use Regulations” column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this title.

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
R-20
R-15
R-10
R-10A
R-7
R-6 MRVL MRL MRM MRH MRVH
Additional Use
Regulations
Residential Uses
Accessory dwelling unit See PHMC § 18.20.095.

Accessory, junior, dwelling
unit
See PHMC § 18.20.095.

Bed and breakfast – – – – – – – –
Care facility, small, licensed P P P P P P P P
Care facility, small,
unlicensed
U U U U U U U U See PHMC §

18.20.075.

Emergency homeless shelter U U U – – – – – Only on church or school sites. See
PHMC §

18.20.085.B and
C.

Family day care home, up to
14 children

P P P P P P P P
-
Group residential – – – P P P P P
Home occupation P P P P P P P P See PHMC §

18.20.070.

Multifamily residential – – – P P P P P
Senior housing P P P P P P P P
Single-room occupancy – – – U U U U U See PHMC §

18.20.085.

Single-family residential P P P P P P P P
with boarder or lodger P P P P P P P P No more than 3
boarders or
lodgers.

Supportive housing P P P P P P P P
Transitional housing P P P P P P P P
Public and Semipublic
Care facility, large, licensed
or unlicensed
– – – U U U U U See PHMC §

18.20.075.

Cemetery U U U U U U U U
Clubs and lodges U U U U U U U U
Community center U U U U U U U U
Cultural institutions U U U U U U U U
Day care, general U U U U U U U U L-1
Park and recreational
facilities

U U U U U U U U
Public safety facilities U U U U U U U U
Offender rehabilitation
services
– – – – – – – –
Religious assembly U U U U U U U U
Schools, public or private U U U U U U U U
Utilities, major U U U U U U U U
Utilities, minor P P P P P P P P
Wireless telecommunications
facility
L-3 L-3 L-3 L-3 L-3 L-3 L-3 L-3 See PHMC
Chapter 18.67.

Commercial Uses
Animal sales and service – – – – – – – – Only animal
boarding and
riding academies.

Horticulture, limited U U U U U U U U
Accessory Uses
P/U P/U P/U P/U P/U P/U P/U P/U See PHMC §

18.20.050.

Temporary Uses
See PHMC
Chapter 18.100.

Agricultural sales T T – – – – – – See L-7.

Animal shows or sales – T T – – – – – See L-2 and L-5.

Arts and crafts show outdoors – T T – – – – – See L-2 and L-5.

Christmas tree sales – T T – – – – – See L-2 and L-7.

Civic and community events – T T – – – – – See L-2 and L-6.

Commercial filming, limited – T T – – – – – See L-2 and L-6.

Live entertainment events – T T – – – – – See L-2, L-4 and L-6.

Outdoor exhibits – T T – – – – – See L-2 and L-6.

Personal property sales P P P P P P P P See L-5.

R and MR Districts: Limitations on Specific Use Classifications L-1 Minimum site area of 10,000 square feet.

L-2 Minimum site area of one acre.

L-3 Minimum site area of three acres.

L-4 See PHMC § 18.25.090 for live entertainment standards.

L-5 Not more than six occurrences during a calendar year. Each occurrence shall not exceed two consecutive days.

L-6 Not more than four occurrences during a calendar year. Each occurrence shall not exceed seven consecutive days.

L-7 Not more than six occurrences during a calendar year, for not more than 14 consecutive days per occurrence.
(Ord. § __-__, 2023; Ord. 938 § 3, 2020; Ord. 934 § 3, 2019; Ord. 915 § 4, 2017; Ord. 910 § 2, 2017; Ord. 890 § 9, 2015; Ord. 874 § 3, 2013; Ord. 867 § 5, 2012; Ord. 865 § 2, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 837 § 3, 2009; Ord. 796 § 3, 2005; Ord. 768 § 5, 2003; Ord. 727 §§ 9, 12, 1998; Ord. 710 § 35-5.2, 1996; 1991 code § 35-5.2) Section 5. Section 18.20.030 Development regulations for all residential districts is amended as follows:

Section 18.20.030 Development regulations for all residential districts A. Schedule 18.20.030 prescribes development regulations for residential districts. The “Additional Development Regulations” column refers to PHMC § 18.20.040, additional development regulations, or to regulations located elsewhere in this chapter.

B. Supplemental regulations applicable to all development in R districts are in PHMC §

18.20.050 through § 18.20.140; they set forth requirements for accessory structures, affordable housing, home occupations, large family day care, second units, and swimming pools and hot tubs.

C. Regulations applicable to all zoning districts, included in Part 4, set forth requirements for:

Pumpkin sales – T T – – – – – See L-2 and L-7.

Recreational events – T T – – – – – See L-2 and L-6.

Religious or group assembly
events
– T T – – – – – See L-2 and L-6.

Street fairs T T T T T T T T See L-7.

Swap meet – T T – – – – – See L-2 and L-5.

Trade fairs – T T – – – – – See L-2 and L-5.

Nonconforming Uses
See PHMC
Chapter 18.65.

1. Additional site development regulations (PHMC Chapter 18.50);

2. Off-street parking and loading (PHMC Chapter 18.55);

3. Signs (PHMC Chapter 18.60); and

4. Nonconforming uses and structures (PHMC Chapter 18.65).

SCHEDULE 18.20.030

DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R-10A R-7 R-6 MRVL MRL MRM MRH MRVH
Additional
Development
Regulations (See
PHMC §

18.20.040)
Minimum Site
Area per
Dwelling Unit
(sq. ft.) 20,000 15,000 10,000 10,000 7,000 6,000 3,500 2,500 1,500 1,150 600 Minimum Lot
Area (sq. ft.) 20,000 15,000 10,000 7,000 7,000 6,000 10,000 10,000 8,500 8,000 8,000 A, B Minimum Lot
Width (feet) 100 100 80 70 70 60 70 70 80 80 80
Minimum Lot
Depth (feet) 120 100 90 90 90 90 90 90 90 90 90
Front
Setback(feet) 25 20 20 20 20 20 15 15 10 10 10 C
Rear Setback
(feet) 15 15 15 15 15 15 15 15 15 15 15 D, J
Corner Side
Setback(feet) 15 15 15 15 15 15 15 15 10 10 10 C, D, J
Side Setback
(feet) 15 10 5 5 5 5 10 10 10 5 5 D, E, J
Aggregate Side
Setback (feet) 35 25 15 15 15 15 20 20 20 10 10 D, E, J Creek Setbacks – – – – – – – – – – –
See PHMC §

18.50.150
regarding creek
setbacks.

Maximum
Building
Height (feet) 35 35 35 35 35 35 35 35 40 50 60
Maximum
Number of
Stories 2.5 2.5 2.5 2.5 2.5 2.5 -
Maximum Lot
Coverage 25% 25% 30% 35% 35% 35% 40% 40% 50% 60% 70%
Maximum
Floor Area
Ratio 40% 40% 40% 40% 40% 40% – – – – –
Open Space – – – – – – – – – – – F, G
Scenic Route 50 50 50 50 50 50 50 50 50 50 50
Minimum Site
Landscaping – – – – – – 35% 35% 30% 25% 15% H
Fences and
Walls – – – – – – – – – – - I
Supplemental
Regulations – – – – – – – – – – -
See PHMC §§

18.20.050 through

18.20.140 and Part

4. Nonconforming
Structures – – – – – – – – – – -
See PHMC
Chapter 18.65.

SCHEDULE 18.20.030

DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R-10A R-7 R-6 MRVL MRL MRM MRH MRVH
Additional
Development
Regulations (See
PHMC §

18.20.040)
City-Wide
Objective
Design
Standards – – – – – – – – – – –
See PHMC §

18.20.040.K.
(Ord. § __-__, 2023; Ord. 955 § 3, 2022; Ord. 949 § 4, 2021; Ord. 890 § 10, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 844 § 3 (Exh. A), 2010; Ord. 796 § 4, 2005; Ord. 710 § 35-5.4, 1996; 1991 code § 35-5.4) Section 6. Section 18.20.040 Additional development regulations corresponding to Schedule 18.20.030 is amended as follows:

Section 18.20.040 Additional development regulations corresponding to Schedule 18.20.030 A. Minimum site area for certain uses. The minimum site area shall be 10,000 square feet for the following use classifications: general day care, general residential care, and public or private schools.

B. Minimum required lot area. Minimum required lot area shall be “net” as defined in PHMC §

18.140.010; except, for minor subdivisions located within the R-6 through R-10 zone districts, comprised of not more than two parcels, the following exception may be approved by the zoning administrator and/or the planning commission when considering approval of the minor subdivision:

1. The area of any private driveway access easement required to meet minimum fire district standards, up to a maximum of 30 percent of the gross lot area, may be included in determining compliance with minimum lot area requirements; provided, that the decisionmaking authority on the minor subdivision finds that there is no other feasible method for the minor subdivision to comply with minimum fire district standards and also comply with minimum lot area requirements; and

2. The gross lot area of each parcel in the proposed minor subdivision complies with the lot area required by the general plan.

C. Corner or double-frontage lots. Double-frontage lots shall have a front yard on each frontage.

Corner lots shall have a front yard on each frontage: the front side and the corner side yard (usually the longest frontage; see PHMC Chapter 18.140, definition of “yard types”). On a corner lot where the entry to the dwelling is on the corner side, this corner side may be used as the front yard; provided, that: (1) all other yard setbacks are in compliance with PHMC §

18.20.030; and (2) garages (attached or detached) with driveway access from the corner side property line are set back a minimum of 20 feet from the corner side property line. (See off-street parking and loading regulations, PHMC § 18.55.150.)
D. Building height, required yards, and stepbacks. In addition to all applicable standards established in this Chapter, buildings taller than 35 feet in height located on a parcel adjacent to a single-family residential zone shall use a minimum of one of the following techniques:

1. Stepbacks. The building shall be designed to “stepback” upper floors at least one-foot for every one-foot of increased building height above 35 feet. For example, consider a building with a proposed height of 40 feet. The height of the main wall of the building base would start at 35 feet at the required side and/or rear yard line, then increase by one foot for every foot beyond the side/rear yard line until it attains the height of 40 feet at a minimum distance of five feet behind the side/rear yard line.

2. Additional side and rear yard area. The required side and rear yards shall be increased by one-foot for every one-foot of structure height in excess of 35 feet, but not to exceed 10 additional feet. For example, a building with a proposed height of 40 feet would have to be setback an additional five feet from the required side/year yard lines.

BUILDING HEIGHT, AND REQUIRED YARDS, AND STEPBACKS
(The diagram is illustrative)
E. Zero-side yard development. A structure constructed in conformance with the standards for zero-side yard development in effect immediately before this chapter was adopted shall not be considered a nonconforming structure subject to PHMC Chapter 18.65; provided, that an exterior addition or enlargement shall require a use permit issued by the zoning administrator, and no addition or enlargement shall increase the existing floor area by more than 10percent nor increase the lot coverage to more than 50 percent.

F. Open space. Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two.

1. Private open space. Private open space areas must comply with sections II.B.8 and II.B.9 of the adopted Residential Guidelines and Objective Design Standards (City Council Resolution No. 18-22)

2. Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky, and may not include driveways or parking areas, or area required for front or corner side yards unless these yard areas are landscaped and usable.

G. Park land dedication. Each residential unit is subject to the park land dedication requirements of the Pleasant Hill subdivision ordinance (PHMC Title 17).

H. Planting areas. In addition to the minimum percentage of the site to be landscaped, listed in the schedule, the following requirements apply:

1. Yards adjoining streets. All visible portions of a required yard adjoining a street that are not used for driveways or walks shall be landscaped. In R (single-family) districts, a minimum of 50percent of the required front yard shall be maintained as landscaped area.

Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required landscaped area. Landscaped area shall consist of plantings, lawn, mulch, decorative bark, approved decorative landscape features and other decorative pervious surfaces subject to the approval of the zoning administrator.

2. Interior yards. In the MRVL and MRL districts, at least 50 percent of each required interior side yard and rear yard shall be landscaped having a minimum width of seven and one-half feet adjoining a side or rear property line. The width of a required landscaped area may be reduced to three feet in one side or rear yard adjoining a driveway or patio, and a nonresidential accessory structure may occupy a portion of the landscaped area in a rear yard.

3. Notwithstanding subsection H.2 of this section and sections II.A.9 and II.B.13 in the adopted City Wide Design Guidelines and Objective Design Standards (City Council Resolution No. 18-22) a continuous landscaped area having a minimum width of five feet shall be provided along interior property lines when an MRVL, MRL, MRM, MRH, MRVH zone district adjoins an R (single-family) district.

4. Exception: Up to 50 percent of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas subject to architectural review or planning commission approval as part of a proposed project (see PHMC § 18.52.030.F).

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. For single-family residences on corner lots, a five-foot 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.

1. Key lots. Where a corner lot abuts a key lot, a triangular area, 12 feet on each side, must remain unfenced.

KEY LOTS
* The above exhibit is provided for illustrative purposes only.

2. Rear property line exceptions. On a lot with a rear lot line abutting a public trail, canal, East Bay Municipal Utility District right-of-way or public street, the maximum rear yard fence height is eight feet.

3. Fences with retaining walls. The height is measured as the combined height of a retaining wall, fence, wall or screen (not to exceed a maximum height of six feet measured from the higher side of the adjacent grade). A retaining wall is not included in the measurement if it is located so that its horizontal distance from the fence is equal to or greater than the height of the retaining wall. Height is measured pursuant to PHMC § 18.145.050.B.

4. Sight distance. All fences are subject to the visibility requirements of PHMC § 18.50.100.

5. Prohibited fences. High voltage electrical fences, razor wire, barbed wire, and other materials which pose a safety hazard are strictly prohibited.

J. Setbacks from vehicular easements. Minimum required yard setbacks shall be provided and measured from vehicular easement boundaries in the same manner that such setbacks are provided and measured from a public right-of-way.

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 residential development projects that comply with all objective design standards shall be processed ministerially. Qualifying projects that do not comply with the objective design standards shall be subject to the architectural review permit process, as specified in PHMC Chapter 18.115. (Ord. 955 § 4, 2022; Ord. 949 §§ 4 – 6, 2021; Ord. 928 § 3, 2019; Ord. 890 § 11, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 796 § 5, 2005; Ord. 745 § 1, 2000; Ord. 727 §§ 5, 13, 1998; Ord. 710 § 35-5.5, 1996; 1991 code § 35-

5.5)
Section 7. Chapter 18.22 MX – Mixed-Use Districts is added as noted below:

Chapter 18.22 – MX – Mixed-Use Districts
Sections:

18.22.010 Specific purposes – Summary of mixed-use districts.

18.22.020 Land use regulations for all mixed-use districts.

18.22.030 Property development regulations in the mixed-use districts.

18.22.040 Additional development regulations corresponding to Schedule 18.25.030.

18.22.010 Specific purposes – Summary of mixed-use districts.

A. Specific purposes. In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of mixed-use districts are to:

1. Ensure mixed-use development is consistent with the overall community character and serves the existing and future needs of residents and visitors.

2. Allow a variety of compatible land uses that provide flexibility to property and/or business owners.

3. Achieve compatibility between new mixed-use development and surrounding less intensive residential and commercial uses by establishing physical development standards and performance standards.

4. Ensure adequate development standards and regulations are in place to foster successful and innovative mixed-use developments.

B. Summary of mixed-use districts. Four mixed-use districts are established to carry out these purposes:

1. MX-NB mixed-use neighborhood districts. The MX-NB district allows a range of neighborhood-serving commercial uses (e.g., coffee shops, grocery stores, retail establishments). It is the intent of this zone to provide a mix of compact single-family, multiple-family residential, and commercial uses located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use). A variety of residential typologies are encouraged in the form of compact single-family in horizontal format, townhouses, condominiums, or apartments at a density between 1 and 20 units per acre.

2. MX mixed-use districts. The MX district allows for the most intensive uses, including high-density residential, commercial, hotels, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixeduse). A variety of residential typologies are encouraged in the form of multiple-family residential uses including live work units, townhouses, apartments, studio flats, and condominiums at a density between 12 and 40 units per acre.

3. MX-HD mixed-use high-density districts. The MX-HD district allows for diverse uses, including residential, commercial, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use).

Multiple-family residential uses include live-work units, townhouses, apartments, studio flats, and condominiums at a density between 40 and 70 units per acre.

4. MX-VHD mixed-use very high-density district. The MX-VHD district allows for the most intensive uses, including high-density residential, commercial, hotels, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use). A variety of residential typologies are encouraged in the form of multiple-family residential uses including live-work units, townhouses, apartments, studio flats, and condominiums at a density between 70 and 100 units per acre.

18.22.020 Land use regulations for all mixed-use districts.

In Schedule 18.22.020, the uses allowed for each mixed-use zoning district are established by letter designations as follows:
“P” designates use classifications permitted in mixed-use districts. “U” designates use classifications permitted on approval of a use permit. “T” designates use classifications permitted on approval of a temporary use permit. “L” followed by a number designates use classifications subject to certain limitations listed by number following the schedule.
“P/U” designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.

The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution under PHMC § 18.15.010. The “Additional Use Regulations” column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this title.

SCHEDULE 18.22.020
MIXED-USE 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
MX-N MX MX-HD MX-VDH Additional Use Regulations
Residential Uses
Accessory dwelling unit See PHMC § 18.20.095.

Accessory, junior, dwelling
unit
See PHMC § 18.20.095.

Bed and breakfast – – – –
Care facility, small, licensed P P P P
Care facility, small, unlicensed U U U U See PHMC § 18.20.075.

Emergency homeless shelter U U U U
Family day care home, up to
14 children

P P P P
Group residential – – – P
Home occupation P P P P See PHMC § 18.20.070.

Low Barrier Navigation
Center

P P P P
Mobile home park P P P P
Multifamily residential P P P P
Senior housing P P P P
Single-room occupancy – – – U See PHMC § 18.20.085.

Supportive housing P P P P
Transitional housing P P P P
Public and Semipublic
Care facility, large, licensed or
unlicensed
– – – U See PHMC § 18.20.075.

Clubs and lodges U U U U
Community center U U U U
Cultural institutions U U U U
Day care, general U U U U L-1
Park and recreational facilities U U U U
Public safety facilities U U U U
Offender rehabilitation
services
– – – –
Religious assembly U U U U
Schools, public or private U U U U
Utilities, major U U U U
Utilities, minor P P P P
Wireless telecommunications
facility
L-4 L-4 L-4 L-4 See PHMC Chapter 18.67.

Commercial Uses
Adult businesses – – – –
Animal boarding - – – –
Animal clinic U U U U
Animal day care U U U U
Animal grooming P P P P
Animal hospitals - - - -
Artists’ studios P P P P
Banks and savings and loans P P P P
With drive-through
service
– – – –
Cannabis retailer, medical – U U U
Cannabis retailer, adult-use – – – –
Catering services P P P P
Commercial parking facility - - - -
Eating and drinking
establishments

P P P P
With live
entertainment/dancing inside
of a building
– – – –
Type A – P P P See PHMC § 18.25.090 and PHMC
Chapter 18.70.

Type B – U U U See PHMC § 18.25.090 and PHMC
Chapter 18.70.

Type C – – – - See PHMC § 18.25.090 and PHMC
Chapter 18.70.

With up to 12 outdoor seats P P P P
With more than 12 outdoor
seats

U U U U
Fitness studio, less than 5,000
square feet

P P P P
Fitness studio, greater than
5,000 square feet

U U U U
Food and beverage sales P P P P
Hotels U U P P
Live entertainment – – – –
Type A – P P P
Type B – U U U
Type C – – – -
Medical marijuana
dispensaries
– – – –
Offices, general and medical,
less than 35 percent of the
gross floor area

P P P P
Personal improvement
services

U U U U
Personal services P P P P
Pharmacy P P P P
Retail sales, less than 20,000
square feet

P P P P
Research and Development U U U U
Retail sales, more than 20,000
square feet
L-3 U U U
Theaters – P P P
Travel services P P P P
Accessory Uses P/U P/U P/U P/U See PHMC § 18.20.050.

Temporary Uses
See
PHMC
Chapter

18.100.

Agricultural sales T T T – See L-5.

Arts and crafts show outdoors – T T – See L-1 and L-3.

Christmas tree sales – T T – See L-1 and L-5.

Civic and community events – T T – See L-1 and L-4.

Commercial filming, limited – T T – See L-1 and L-4.

Live entertainment events – T T – See L-1, L-2 and L-4.

Outdoor exhibits – T T – See L-1 and L-4.

Personal property sales P P P – See L-9.

MX-N, MX, MX-HD, and MX-VHD Districts: Limitations on Specific Use Classifications L-1 Permitted as an accessory use if limited to the ground floor, as specified in PHMC § 18.25.060.

L-2 Permitted as accessory to the primary use, occupying no more than 25% of the floor area of the primary use. Retail sales by separate tenants are not allowed.

L-3 Limited to use with fewer than 20,000 square feet. Uses in excess of 20,000 square feet shall be required to obtain a use permit and the user shall have to demonstrate that the use provides for the day-to-day convenience shopping and services of the neighborhood. Supermarkets are compatible with the neighborhood business district and does not require a use permit.

L-4 Permitted, subject to a setback of 200 feet from any residential use.

L-5 Use permit approval is required if the use is within 100 feet of a residential property line, the establishment conducts business between 10:00 p.m. and 7:00 a.m., and the establishment serves alcoholic beverages.

L-9 Not more than four events during any calendar year for not more than two consecutive days per event.

L-10 Not more than six events during any calendar year for not more than 14 consecutive or nonconsecutive days per event.

18.22.030 Property development regulations in the mixed-use districts.

A. Schedule 18.22.030 sets forth the development regulations for the MX-N, MX, MX-HD, and MX-VHD districts. Letters in parentheses in the “Additional Development Regulations” column refer to regulations following the schedule or to regulations located elsewhere in this chapter.

B. Supplemental regulations applicable to all development in the MX-N, MX, MX-HD, and MXVHD districts are in PHMC §§ 18.25.050 through 18.25.140; they set forth requirements for accessory structures; accessory uses in commercial, office and light industrial districts; eating and drinking establishments with take-out service; hazardous materials storage; live entertainment; outdoor facilities; recycling facilities; and service stations and automobile washing. Regulations applicable to all zoning districts, included in Part 4, include requirements for:

1. Additional site development regulations (PHMC Chapter 18.50); Pumpkin sales – T T – See L-1 and L-5.

Recreational events – T T – See L-1 and L-4.

Religious or group assembly
events
– T T – See L-1 and L-4.

Street fairs T T T T See L-5.

Swap meet – T T – See L-1 and L-3.

Trade fairs – T T – See L-1 and L-3.

Nonconforming Uses
See
PHMC
Chapter

18.65. 2. Off-street parking and loading (PHMC Chapter 18.55);

3. Signs (PHMC Chapter 18.60);

4. Nonconforming uses and structures (PHMC Chapter 18.65); and

5. Adult uses (PHMC Chapter 18.70).

SCHEDULE 18.22.030 – DEVELOPMENT REGULATIONS IN MIXED-USE DISTRICTS

MX-N MX MX-HD MX-VHD
Additional
Development
Regulations
Minimum Lot Area
(square feet) 7,500 7,500 7,500 7,500
Minimum Lot
Width (feet) 75 75 75 75
Front setback (feet) 15 15 10 5 (C), (K)
Side setback (feet) 5 – - – (B), (C)
Corner Side setback
(feet) 15 10 10 5 (C)
Rear setback (feet) – – 5 5 (B), (C)
Aggregate Side
setback (feet) – – - – (C)
Creek Setbacks See PHMC § 18.50.150 regarding creek setbacks.

Scenic Route (feet) 50 50 50 50
Maximum Building
Height (feet) 35 40 50 60
Maximum Gross
FAR (commercial) 0.75 0.75 0.75 0.85
Minimum Site
Landscaping 25% 15% 15% 15% (D)
City-Wide
Objective Design
Standards
See PHMC §18.20.040.K.
(G)
Employee Eating
Area (F)
Commercial Uses (A)
Storm Drain Outlets (H)
Supplemental
Regulations See PHMC §§ 18.25.050 through 18.25.140 and Part 4.

Nonconforming
Structures See PHMC Chapter 18.65.
(Ord. 890 § 17, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 844 § 5 (Exh. B), 2010; Ord. 710 § 35-6.4, 1996; 1991 code § 35-6.4)

18.22.040 Additional development regulations corresponding to Schedule 18.25.030.

A. Commercial Uses. Mixed-use sites not identified as a housing opportunity site towards part of the RHNA in the Pleasant Hill 6th Cycle Housing Element (2023-2031) shall include a minimum percentage of commercial based on the total proposed square footage of the project. Table

18.22.040-1 below outlines the minimum percentage of commercial based on specific corridors within the City.

B. Mixed-use Commercial Exception. Any existing single-family use in a mixed-use zone (MXN, MX, MX-HD, MX-VHD), or the replacement of an existing single-family use, is exempt from compliance with the mixed-use requirements for percentage of commercial uses outline in Table 18.22.040-1 and is considered a conforming use, for as long as the existing single-family use continues on the site. This exemption does not apply to:

1. Sites designated as housing opportunity sites in the Pleasant Hill 6th Cycle Housing Element (2023-2031).

2. Sites that undergo a lot merger with adjacent sites. Any parcels that undergo a lot consolidation shall adhere to all mixed-use use and development standard requirements.

C. Reductions from the Commercial Requirement. A Use Permit is required for mixed-use developments seeking to reduce the minimum commercial requirements in Table 18.22.040-1 and that are not exempt per Subsection B above. Additionally, a Market/Retail Feasibility Study will be required justifying the proposed reduction in commercial and why the required commercial is not feasible or that the net realized benefit to the City will be comparable to the minimum commercial percentage requirement.

D. MX-N, MX, MX-HD, and MX-VHD districts adjoining single-family residential districts.

1. Planting area. A continuous planting area having at least a minimum width of five feet and at least five trees per 100 linear feet shall be provided along interior property lines adjoining a single-family residential district.

2. Fences and walls. A required yard abutting a residential district shall be enclosed by a solid wood, concrete, or masonry wall at least six feet but not more than eight feet in height, except that a wall within 15 feet of a street property line shall not exceed three feet in height. (See also PHMC § 18.25.140.)
REQUIRED WALLS: RESIDENTIAL USE ABUTTING NONRESIDENTIAL USE (The diagram is illustrative)
E. Building height, required yards, and stepbacks. In addition to all applicable standards established in this Chapter, buildings taller than 35 feet in height located on a parcel adjacent to a single-family residential zone shall use a minimum of one of the following techniques:

1. Stepbacks. The building shall be designed to “stepback” upper floors at least one-foot for every one-foot of increased building height above 35 feet. For example, consider a building with a proposed height of 40 feet. The height of the main wall of the building base would start at 35 feet at the required side and/or rear yard line, then increase by one foot for every foot beyond the side/rear yard line until it attains the height of 40 feet at a minimum distance of five feet behind the side/rear yard line.

2. Additional side and rear yard area. The required side and rear yards shall be increased by one-foot for every one-foot of structure height in excess of 35 feet, not to exceed 10 additional feet. For example, a building with a proposed height of 40 feet would have to be setback an additional five feet from the required side/year yard lines.

BUILDING HEIGHT, AND REQUIRED YARDS, AND STEPBACKS
(The diagram is illustrative)
F. Minimum site landscaping. Decorative hardscape, or pervious pavement may not be used to meet minimum landscape requirements as a matter of right.

Exception: Up to 50 percent of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas subject to architectural review or planning commission approval as part of a proposed project (see PHMC § 18.52.030.F).

G. Buildings that incorporate over 50,000 square feet of office space shall include employee showers, clothes changing rooms, and lockers.

H. Buildings that incorporate over 10,000 square feet of office space shall provide eating facilities for employees.

I. City-wide objective design standards. All mixed-use developments that include two-thirds of the total gross floor area dedicated to residential units shall comply with the multi-family residential objective design standards, as adopted by city council resolution.

1. Streamlined mixed-use projects that include two-thirds of the total gross floor area dedicated to residential units. If a proposed mixed-use project that includes two-thirds of the total gross floor area dedicated to residential units 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 mixeduse projects that include two-thirds of the total gross floor area dedicated to residential units that comply with all objective design standards shall be processed ministerially. Qualifying projects that do not comply with the objective design standards shall be subject to the architectural review permit process, as specified in PHMC Chapter 18.115. (Ord. 955 § 4, 2022; Ord. 949 §§ 4 – 6, 2021; Ord. 928 § 3, 2019; Ord. 890 § 11, 2015; Ord. 856 § 2 (Exh.

A), 2011; Ord. 796 § 5, 2005; Ord. 745 § 1, 2000; Ord. 727 §§ 5, 13, 1998; Ord. 710 § 35-

5.5, 1996; 1991 code § 35-5.5)
J. Storm drains. All storm drain inlets in the MX-N, MX, MX-HD, and MX-VHD districts shall comply with the city’s national pollutant discharge elimination system (NPDES) regulations. (See PHMC Chapter 15.05.)
K. Hotels. Full-service hotels may include restaurants, bars and lounges, massage and spa services, administrative offices, and meeting and banquet rooms.

L. Vehicular easements. A minimum required yard setback shall be provided and measured from any public or private vehicular easement boundary on the property.

M. Encroachments. The front setback shall be kept open, unobstructed, and unoccupied except by those allowable encroachments identified in Table 18.22.040-2 (Mixed-Use Zone Setback Encroachments).

Table 18.22.40-2
Mixed-Use Zone Setback Encroachments

IMPROVEMENT MAXIMUM ALLOWED

ENCROACHMENT
Sills, eaves, cornices, canopies, and other similar architectural features 8 feet or more above surface grade.

Allowed in setback area
Movable tables, chairs, umbrellas, outdoor heaters. Allowed in setback area Movable partitions or planters to define an outdoor seating area not exceeding three feet in height.

Allowed in setback area
Front stoop or porch. Allowed in setback area
Bicycle racks. Allowed in setback area
Trees and tree wells. Allowed in setback area
Planters and planting beds extending not more than 18 inches into the setback area and not more than 18 inches in height above grade Allowed in setback area Bay windows, on a foundation or cantilevered, chimneys, or wells for basement windows or stairs, occupying in the aggregate not more than 20 percent of the length of the side of the structure on which they are located. 2 feet into setback area
Utility structures less than six square feet in size. Allowed in setback area N. Windows. Not more than 30% of any storefront (exterior) door and/or window pane shall be blocked or made opaque through the use of window treatments, paint, vinyl applications, furniture or any other method that would obstruct visibility into the building unless approved by the architectural review commission. Obstructions more than three feet away from windows are exempt. Product display spaces are allowed subject to review and approval by the zoning administrator.

O. Balconies.

1. Balconies are only allowed above the second floor on mixed-use structures.

2. Step-back Encroachment. Balconies are only allowed to encroach up to 50 percent into the required step-back area (see Subsection B above).

P. Parking Structures.

1. Parking structures are allowed in the MX-VHD only as accessory to the primary uses of the site, not standalone.

2. In addition to the Off-Street Parking and Loading Regulations in PHMC Chapter 18.55, parking garages in mixed-use districts shall not be located on the ground floor of a structure unless the structure space designed for residential, commercial, or other nonresidential uses is located between the parking garage and the street. This requirement shall not prevent a parking garage entrance at the ground floor of a structure.

Q. Ground Floor Commercial Frontage. Ground floor commercial frontages shall comply with the following:

1. Create transparent façades with windows or clear glazing for at least 70 percent of the active frontage length along primary streets or public open spaces and 50 percent of the active frontage length along secondary streets.

2. Windows and clear glazing on the ground floor façade must have no opaque or semiopaque building elements wider than two inches or spaced more closely than five feet between three to 10 vertical feet from the sidewalk.

3. All ground floor commercial tenant spaces must be at least 45 feet deep for a minimum of 50 percent of primary street building façades, and at least 25 feet deep for a minimum of 50 percent of secondary street façades.

4. Fences or plantings between an active frontage and the edge of sidewalk along a primary street shall be a maximum of three feet in height.

5. Ground floor commercial tenant spaces shall have a minimum floor plate/ceiling height of 10 feet.

6. Ground floor commercial tenant spaces shall provide separate trash recycling enclosures, separate from the onsite residential uses.

R. Mixed-use Frontages. Mixed-use buildings shall locate the primary building entrance for commercial uses at the building edge that faces a primary street or a public open space.

Section 8. Section 18.50.020 Residential Use Classifications the following use classification is added in alphabetical order as follows:

Section 18.050.020 Residential Use Classifications
Mobile home park. Any area of land or property that has at least two mobile homes, manufactured homes, recreational vehicles, and/or lots that are held out for rent or lease.

Section 9. Section 18.55.070 Electric vehicle (EV), bicycle and motorcycle parking is amended as follows:

Section 18.55.070 Electric vehicle (EV), bicycle and non-automobile modes of transportation.

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 Chapter 14.75 PHMC.

B. Bicycle parking – Where required. Bicycle parking spaces shall be provided in every district as required by this section.

C. Bicycle parking – Number required.

1. Public and semipublic use classifications: as specified by use permit.

2. Commercial use classifications. Each development shall provide at least one bicycle space plus the equivalent of 2% of the requirement for automobile parking spaces.

3. Residential use classifications. Each development shall provide the equivalent of 1 bicycle parking space for every 10 required automobile parking spaces, with a minimum of 1 bicycle parking space per development.

D. Bicycle parking design requirements. For each bicycle parking space required, a stationary object shall be provided to which a user can secure both wheels and the frame of a bicycle with a six-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wallmounted bracket. The following alternative facilities may be provided, subject to approval of the zoning administrator:

1. An enclosed bicycle locker; or

2. A three-point bicycle rack which secures both wheels and the frame; or

3. A fenced, covered, locked or guarded bicycle storage area. Spacing of the bicycle units shall be figured on a handle width of three feet, a distance from bottom of wheel to top of handlebar, three feet, six inches, and a maximum wheel distance of six feet.

E. Motorcycle parking spaces. A commercial, office or industrial use having more than 10,000 square feet is required to designate at least one standard parking space as motorcycle parking.

The designated spaces’ entrance shall be a concrete piece at least 36 inches long and affixed to a foundation by epoxy cement. The wheel stops shall have a two-foot separation to provide access from the aisle or driveway. (Ord. 934 § 8, 2019; Ord. 906 § 11, 2016; Ord. 710 § 35-17.12, 1996; 1991 code § 35-17.12)
F. New development with more than 10 housing units or over 5,000 square feet of nonresidential uses shall include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations innovative bus shelter designs).

Section 10. Chapter 18.140 Definitions includes the addition of the following:

Chapter 18.140 Definitions
Mixed-Use. Development projects where a variety of uses such as office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated project.

Project Site. The specific location on which a development, structure, or building is proposed.

Primary Street. A main thoroughfare, including 'arterial' through routes and mixed-use, multifunctional streets (at least in part along their length), providing access to properties as well as other amenities.

Frontage (Building). The building façade facing a street or public open space. Frontage (Site) - The width of the site along a street or public open space.

Frontage (Street). The property line or part of the site facing a street or public open space.

Active Frontages. Building frontages with occupied spaces that encourage engagement between the building tenants and the public realm. Active frontages allow visual or physical access to the active uses within the building from streets, sidewalks, and paseos.

Stepback. A step-like recession in the profile of a multi-story building. A step back requires the building to take a step back from the street for every increase in height of the structure. Step backs can also be a design technique to reduce the visual impact of tall buildings.

Section 11. This ordinance is consistent with the following General Plan Policies and Programs:

Economics and Economy Element:
a) E-2.3 Retail and Restaurant Uses. Encourage quality retail and restaurant uses in strategic locations to support the success of mixed-use developments.

The proposed mixed-use zoning land use regulations promote a mix of uses, including retail and restaurant uses, as part of the required commercial component to encourage successful mixed-use developments.

Land Use Element:
b) LU-1.6 Transition in Scale. Require that new development transition appropriately in building scale, height and massing in relation to the physical and visual character of adjoining neighborhoods.

The proposed ordinance amendments include building height, setback, and stepback development standards for residential and mixed-use zones. The maximum building height standards are proposed to incrementally increase between lower-density zones to higher density zones. Additionally, buildings over 35 feet tall, when located on parcels adjacent to single-family development, will be required to incorporate additional step backs, or setbacks to facilitate variation in building massing and appropriate transitions to adjacent properties. c) LU-1.7 Multi-Story Development. Require multi-story buildings to incorporate step backs on upper floors to create a more human-scale and comfortable pedestrian environment.

The proposed ordinance amendments include building stepback development standards for residential and mixed-use zones. Buildings over 35 feet tall, when located on parcels adjacent to single-family development, will be required to incorporate additional stepbacks to facilitate variation in building massing, creating a more human scale to allow increased light and air space to buffer from more dense development, and facilitate appropriate transitions to adjacent properties. d) LU-3.5 Varying Housing Typologies. Support the development of a broad range of housing types, to increase housing choice, neighborhood diversity, and innovative design.

The proposed zoning ordinance amendments allow for a range of housing types in multi-family and mixed-use zones. The summary of each residential and mixed-use district is outlined in the zoning ordinance amendments. Multi-family zones allow a range of housing types from single-family homes and ADUs/JADUs to duplexes, townhomes and higher density multi-family development. Similarly, mixed-use zones allow for live work units, townhouses, apartments, studio flats, and condominiums. The range in housing types will encourage an increase in housing typologies within the City and create neighborhood diversity. e) LU-4.5 Vertical and Horizontal Mixed-use. Encourage vertical and horizontal mixed-use development at key intersections and within neighborhoods that result in distinct and cohesive pedestrian-oriented destinations that provide additional neighborhood-serving amenities and intensified economic vitality.

The proposed mixed-use zoning designations promote a mix of diverse uses, including residential, commercial, office, entertainment, and personal services, located within the same building (vertical mixed--use) or on the same site (horizontal mixed-use). Additionally, the new mixed-use zoning regulations include a requirement for a minimum percentage of commercial within a tiered system ranging from 10-percent, to 15-percent, to 25-percent depending on whether a parcel fronts a major commercial corridor or arterial to ensure the commercial core of the city is preserved.
f) LU-8.2 Incompatible Land Uses. Prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas.

The proposed land use regulations for new mixed-use zoning districts permit and conditionally permit commercial land uses including retail, eating and drinking establishments, service uses, and other similar uses that would be compatible with both proposed residential components of mixed-use development and adjacent existing residential areas. The land use regulations do not allow incompatible land uses that would be detrimental or pose a hazard to existing or proposed residential uses.

Housing Element:
g) H-1.2 Maintain Adequate Supply. Maintain a sufficient supply of residential land with appropriate zoning to meet locally generated housing needs.

The housing opportunity sites, as identified in the 2023-2031 Housing Element, were identified to ensure that a sufficient supply of residential land is maintained.

Additionally, these sites will be rezoned to higher density multi-family or mixeduse (as specified in the 2023-2031 Housing Element) to ensure that the envisioned densities can be obtained by potential development.
h) H-2.1 Housing Types. Allow a variety of housing types in all residential zones.

The proposed zoning ordinance amendments allow for a range of housing types in multi-family and mixed-use zones. The summary of each residential and mixed-use district is outlined in the zoning ordinance amendments. Multi-family zones allow a range of housing types from single-family homes and ADUs/JADUs to duplexes, townhomes and higher density multi-family development. Similarly, mixed-use zones allow for live work units, townhouses, apartments, studio flats, and condominiums. The range in housing types will encourage an increase in housing typologies within the City and create neighborhood diversity.

Transpiration and Circulation Element:
i) TC-6.4 Amenities for Non-Driving Modes of Transportation. Require new development with more than 10 housing units or over 5,000 square feet of nonresidential uses to include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations innovative bus shelter designs).

The proposed zoning ordinance amendment to the off-street parking and loading regulations (Chapter 18.55) requires that new developments with more than 10 housing units or more than 5,000 square feet of non-residential uses will be required to include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, ebike charging stations innovative bus shelter designs) in compliance with this policy.

Environment Element:
j) ENV-8.4 Land Use and Transportation Priorities. Support land uses and transportation improvements that prioritize alternative transportation modes that will reduce the number and length of automobile trips.

The proposed amendments include a reduction to the parking regulations for multifamily residential uses from 1.5 spaces to 1 space for studios and 1-bedroom units, and from 2 spaces to 1.5 spaces for 2-bedroom units and larger. The reduced vehicle parking requirements are intended to have more practical parking requirements for higher density type of housing that may lower vehicle ownership and can make use of alternative modes of transportation.

Section 12. 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 13. This ordinance shall be effective 30 days after its adoption.

Section 14. Within fifteen days after the passage of this ordinance, the City Clerk shall 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 18th day of December, 2023. [Signatures on Following Page]
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the 8th day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
MATTHEW RINN, Mayor
ATTEST:
_____________________________________
LYONE P. CONNER, City Clerk

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