CITY COUNCIL STAFF REPORT
Meeting Date: September 09, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE ORDINANCE NO. ___-24
AMENDING THE PLEASANT HILL MUNICIPAL CODE SECTION
18.050.020, PURPOSES; SECTION 18.10.050, APPLICABILITY OF LAND USE DEVELOPMENT REGULATIONS; SECTION 18.20.010, SPECIFIC PURPOSES – SUMMARY OF RESIDENTIAL DISTRICTS; SECTION
18.20.030, DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL
DISTRICTS; SECTION 18.20.040, ADDITIONAL DEVELOPMENT
REGULATIONS CORRESPONDING TO SCHEDULE 18.20.030;
SECTION 18.20.050, ACCESSORY STRUCTURES; SECTION 18.22.010, SPECIFIC PURPOSES – SUMMARY OF MIXED-USE DISTRICTS;
SECTION 18.22.040, ADDITIONAL DEVELOPMENT REGULATIONS
CORRESPONDING TO SCHEDULE 18.25.030; SECTION 18.50.110, TREE PRESERVATION; SECTION 18.110.040, FINDINGS
(VARIANCES); AND SECTION 18.112.060.B, OTHER REQUIREMENTS (REASONABLE ACCOMMODATIONS)
SYNOPSIS
The City is proposing to amend various sections of the Pleasant Hill Zoning Ordinance (Pleasant Hill Municipal Code (PHMC) Title 18) to address compliance with State law, clarifying and streamlining existing processes. The proposed amendment would affect the following areas of the Zoning Ordinance:
• Chapter 18.05 – Purpose and Organization
• Section 18.10.050 – Applicability of Land Use Development Regulations • Section 18.20.010 – Specific purposes – Summary of residential districts • Section 18.20.030 – Development regulations for all residential districts • Section 18.20.040 - Additional development regulations corresponding to Schedule
18.20.030
• Section 18.20.050 – Accessory Structures
• Section 18.22.010 – Specific purposes – Summary of mixed-use districts • Section 18.22.040 - Additional development regulations corresponding to Schedule
18.22.030 (typo change only)
• Section 18.50.110 – Tree Preservation
• Chapter 18.110 – Variances
• Chapter 18.112 – Reasonable Accommodation
The Planning Commission reviewed the proposed amendments and recommended approval to the City Council.
DISCUSSION
Background
General Plan: The City adopted the 2040 General Plan (“General Plan”) on May 18, 2023. The General Plan is a long-range planning document that guides decision-making and establishes rules and standards for future development and improvements citywide. The General Plan included several implementation programs which outline necessary amendments to the City’s Zoning Ordinance.
Housing Element: The City also adopted the 6th Cycle Housing Element for 2023-2031 on May 18, 2023 (certified by the State on November 22, 2023). Like the General Plan, the Housing Element also included several implementation programs, which outline necessary amendments to the City’s Zoning Ordinance.
Comprehensive Zoning Ordinance Update: The City is currently processing a comprehensive update to the zoning ordinance to implement the goals, policies, and programs of the recently adopted 2040 General Plan and 2023-2031 Housing Element, as well as to update current ordinance provisions as necessary.
These proposed miscellaneous zoning ordinance amendments are necessary to comply with State law and to streamline processes, and therefore are being presented prior to the Comprehensive Zoning Ordinance update to ensure the City’s Zoning Ordinance remains in compliance with required regulations.
Planning Commission Hearing: On August 13, 2024, the Planning Commission reviewed the proposed ordinance amendments at a Public Hearing and, after discussion of the proposed amendments, adopted Resolution No. 20-24 that recommended the City Council adopt the proposed ordinance amendments (Attachment C).
One member of the public spoke at the meeting regarding the proposed changes to the Reasonable Accommodation provision.
Analysis
The proposed amendments for consideration are summarized below. A compilation of the proposed amended ordinance provisions is provided in Attachment A:
A. Section 18.05.020 – Purpose and Organization
18.05.020 Purposes.
Staff is proposing to add language clarifying that the City has authority to enact the Zoning Ordinance as dictated by the State Constitution, Planning and Zoning Law, and the California Environmental Quality Act. This amendment is necessary to provide clarity in the Ordinance and comply with State Law provisions.
B. Section 18.10.050 – Applicability of Land Use Development Regulations
18.10.050.A Applicability of Land Use Development Regulations.
Staff is proposing to replace the existing table establishing the base zoning districts with a new table that would establish the base zoning districts and corresponding General Plan land use designations and associated densities and/or floor-area-ratios (FAR) from the 2040 General Plan.
This amendment will provide clarity as to which zoning districts correspond to the specific General Plan land use designations, as well as consolidate the associated densities and FAR into a single table for clarity and ease of use.
C. Section 18.20.010 – Specific purposes – Summary of residential districts & Section
18.22.010 – Specific purposes – Summary of mixed-use districts Section 18.20.010 – Specific purposes – Summary of residential districts & Section 18.22.010 – Specific purposes – Summary of mixed-use districts
To comply with existing State Law, and with the recently adopted City of Pleasant Hill Housing Element (Program C – Available Site Inventory), staff is proposing to add language to the purpose and summary of the residential and mixed-use zoning districts clarifying that lower-income sites included in the Housing Element sites inventory, with a proposed zoning change, to meet the RHNA shortfall, as well as vacant sites identified in two previous housing elements and nonvacant sites identified in the previous housing element, shall allow owner-occupied and rental multifamily uses permitted by-right (without discretionary approval) for developments in which 20 percent or more of the units are affordable to lower income households, accommodate a minimum of 16 units per site, and include a minimum density of 20 units per acre. The City already has to comply with this provision as it is noted in California Government Code Section 65583.2(c),(h) and (i) which already applies throughout the City.
D. Section 18.20.030 – Development regulations for all residential districts & Section
18.20.040 - Additional development regulations corresponding to Schedule 18.20.030 Section 18.20.030 – Development regulations for all residential districts & Section 18.20.040 - Additional development regulations corresponding to Schedule 18.20.030 Staff is proposing to exclude up to 800 square feet of accessory dwelling unit (ADU) floor area from the maximum lot coverage and FAR calculations for residential zones and is proposing new “additional regulations” in Sections 18.20.040.L and 18.20.040.M (each will also be referenced in the development regulations contained in Schedule 18.20.030). New ADUs up to 800 square feet are currently exempt from lot coverage and FAR compliance pursuant to State law and the City’s ADU provisions (18.20.095). However, existing ADUs, no matter what size, are currently counted towards lot coverage and FAR for future additions to the primary structure. Therefore, Staff is proposing language to add clarity and ensure equality for property owner’s by allowing similar development provisions for the permitting and construction of both building additions and ADUs that avoids a specific “order of construction” on site.
E. Section 18.20.050 – Accessory Structures
18.20.050 Accessory Structures.
Staff is proposing to exclude ADUs from accessory structure development regulations. ADUs are regulated by the City’s ADU provisions (in compliance with State Law) found in Section
18.20.095. This amendment will provide clarity to the City’s accessory structure provisions and will encourage the development of ADUs within the city by removing potential restrictions against accessory structures on sites with existing or future ADUs. Additionally, this amendment will provide clarity and ensure equality for property owner’s by allowing similar development provisions for the permitting and construction of both accessory structures and ADUs that excludes a specific “order of construction” on site.
F. Section 18.22.040 - Additional development regulations corresponding to Schedule
18.25.030
Section 18.22.040 - Additional development regulations corresponding to Schedule 18.25.030 The current title of this section incorrectly references the “corresponding Schedule 18.25.030” and should instead reference “Schedule 18.22.030”. This amendment will correct a typo in the ordinance.
G. Section 18.50.110 – Tree Preservation
18.50.110.A(1) Permit Required (Tree Preservation)
Staff is proposing to add palm trees (in addition to Eucalyptus), as species that are exempt from preservation requirements of the tree preservation ordinance, and therefore do not require a permit for their removal. This amendment is being proposed to streamline the removal of palm trees, which tend to attract vectors, are not native species to the area, and generally are not visually compatible to the area.
H. Section 18.110.040 – Variances
18.110.040 Findings (Variances)
Staff is proposing to add language referencing the applicable California Government Code section to the variance findings Section for clarity and to ensure compliance with State law. This will provide clarity that specific variance findings must be made that are established at the State level, thus, minimizing the City’s flexibility in considering variances.
I. Section 18.112.060 – Reasonable Accommodation
18.112.060.B Other Requirements (Reasonable Accommodation) As part of the Housing Element review, it was determined that the City’s existing Reasonable Accommodation ordinance contained provisions that may be interpreted to be inconsistent with State provisions. Program WW in the Housing Element, noted that action was needed to reduce or eliminate potential constraints on development of housing for persons with disabilities.
Thus, staff is proposing to eliminate two “other requirements” for reasonable accommodation requests that could be considered a constraint on development of housing for persons with disabilities. Specifically, staff is recommending removal of requirements “e.” and “f.” from this section as noted below:
e. Measures to reduce the impact on surrounding uses;
f. Measures in consideration of the physical attributes of the property and structures;
CEQA
Pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, the lead agency has determined that the proposed activity is exempt from CEQA. The City, as the lead agency, has determined with certainty that the proposed activity will not have a significant effect on the environment as the proposed amendments do not directly approve any physical development and are intended to comply with applicable State provisions.
FISCAL IMPACT
None.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board and at the Pleasant Hill Senior Center. In addition, a notice was published in the Contra Costa Times Newspaper on August 26, 2024, published on the City Hall electronic sign, AFrames at the Police Station and Pleasant Hill Library, and notice of the meeting has also been posted on the City website. Finally, the agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Introduce the ordinance.
ALTERNATIVES TO RECOMMENDED ACTION
1. Continue the item to a later date with direction provided to Staff.
2. Do not introduce the Ordinance.
ATTACHMENTS
A Proposed Ordinance (Strikeout/underline)
B Proposed Ordinance (Clean)
C Planning Commission Resolution No. 20-24
D Public Notice
Prepared by: Haley Croffoot, Senior Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager