RESOLUTION NO. 20 - 24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANT HILL
RECOMMENDING THAT THE CITY COUNCIL AMEND 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); A SECTION 18.112.060.B, OTHER REQUIREMENTS (REASONABLE ACCOMMODATIONS).
WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are proposed to amend provisions related to the purpose and organization of the zoning ordinance, applicability of land use development regulations, residential development standards, accessory structure standards, tree preservation regulations, variances, and reasonable accommodations; and WHEREAS, the City is proposing to amend provisions of the zoning ordinance to address compliance with State law and/or streamline processes; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing before the Planning Commission on the proposed ordinance amendments was held on August 13, 2024 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 (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 amendments reinforce the City's compliance with California Government Code Section 65583.2(c),(h) and (i) which require by-right approval of specific multi-family development projects which provide affordable housing to lower income households. Additionally, the proposed amendment removes potential restrictions against building additions and accessory structures on sites with exiting or proposed accessory dwelling units (ADU) by providing clarity and ensuring 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. This will further support the development of ADUs within the City. Finally, modifications to the City's Reasonable Accommodation provisions would reduce or eliminate potential constraints on development of housing for persons with disabilities. b. LU-11.3 Zoning Designations - Ensure that zoning designations are consistent with the General Land Use Diagram.
The proposed amendment proposes 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. Housing Element (H) Policy 1.2 Maintain Adequate Supply - Maintain a sufficient supply of residential land with appropriate zoning to meet locally generated housing needs.
i. Housing Element Implementation Program C - Available Sites Inventory The proposed amendment incorporates language from Housing Element Implementation Program C related to Available Sites Inventory into Section
18.20.010 (Summary of Residential Districts) and 18.22.010 (Summary of Mixed- use districts) to reinforce the City's compliance with California Government Code Section 65583.2(c), (h) and (i).
d. H-2.2 Remove Constraints - Remove constraints to production and availability of housing, where possible.
The proposed amendment removes potential restrictions against building additions and accessory structures on sites with exiting or proposed accessory dwelling units (ADU) by providing clarity and ensuring 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. This will support the development of ADUs within the City. Finally, modifications to the City's Reasonable Accommodation provisions would reduce or eliminate potential constraints on development of housing for persons with disabilities.
2 e. H-2.5 Promote Accessory Dwelling Unit Production - Promote the development of Accessory Dwelling Units (ADUs) in all residential zones.
The proposed amendment removes potential restrictions against building additions and accessory structures on sites with exiting or proposed accessory dwelling units (ADU) by providing clarity and ensuring 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. This will support the development of ADUs within the City. f. H-4.1 Incentivize Special Needs Housing - Provide incentives for and encourage development of senior housing, and housing for the developmentally, mentally, and physically disabled, at sites where proximity to services and other features make it desirable.
i. Housing Element Implementation Program WW - Reasonable Accommodation for Special Needs Housing - By 2025, the City shall amend the Municipal Code to remove constraints from the reasonable accommodation ordinance imposed by approval findings related to impacts on, or compatibility with, surrounding uses including, but not limited to:
18.112.060(B) (3) (e) and (f).
The proposed amendment eliminates two "other requirements" for reasonable accommodation requests that could be considered a constraint on development of housing for persons with disabilities in compliance with Housing Element Program WW, specifically, 18.112.060(B)(3)(e) and (.
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 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 provisions related to Variances, Reasonable Accommodations, and Tree Preservation requirements and provide clarity to the City's development processes. b. Promote the economic stability of existing land uses.
The proposed code amendment would promote the economic stability of land uses by clarifying certain residential land use development standards to further promote the construction of affordable housing developments and ADUs.
Additionally, modifications to the City's Reasonable Accommodation provisions would reduce or eliminate potential constraints on development of housing for persons with disabilities.
3 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 density standards anywhere in the City.
ADOPTED by the Planning Commission, City of Pleasant Hill, on the 13 day of August 2024, by the following vote:
AYES: Chiang, Vavrek, Webber, Wyler, Field
NOES: None
ABSTAIN: None
ABSENT: Khalfin
TRÓY FUJIMOTO, Secretary
Planning Commission
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