1 Planning Commission
staff report August 27, 2024
Subject: ZONING ORDINANCE AMENDMENT - PROPOSED
ORDINANCE AMENDMENTS FOR CONSISTENCY WITH CITY
OF PLEASANT HILL GENERAL PLAN 2040, INCLUDING THE
2023-2031 HOUSING ELEMENT
CITY-WIDE
Project Planner : Haley Croffoot, 925-671-5297, [email protected] I. INTRODUCTION
A. Project Description
The Planning Commission is being asked to review and provide preliminary feedback on proposed amendments to the City’s Zoning Ordinance (PHMC Title 18) on topics related to:
• Zone District Regulations and Development Standards – Proposed Part 2 (existing Chapters 18.20, 18.22, 18.25, 18.30, 18.35, 18.40, & 18.45) • Zoning Ordinance Administration – Proposed Part 5 (existing Chapters
18.65, 18.75, 18.80, 18.120, 18.125, 18.130, 18.135)
• Definitions and Land Use Classifications – Proposed Part 6 (existing Chapters 18.15 and 18.140)
The proposed Zoning Ordinance amendments are part of a comprehensive zoning ordinance update necessary 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. This is the second of three Study Sessions that will cover amendments to every section of the Zoning Ordinance.
B. 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 decisionmaking 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. 2 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.
Multi-Family and Mixed-Use Zoning Ordinance Update: On January 8, 2024, the Pleasant Hill City Council adopted Ordinance No. 967 approving the rezoning of Housing Opportunity Sites identified in the 2023-2031 Housing Element, as well as Zoning Ordinance amendments to residential land use and development standards (Chapter 18.20) and introduced new mixed-use district standards (Chapter 18.22), as well as related changes to other sections of the Ordinance.
Comprehensive Zoning Ordinance Update Study Sessions: On June 25, 2024, the Planning Commission conducted the first of three Study Sessions on the comprehensive zoning ordinance update and provided feedback on topics related to:
• Enactment and Applicability – Proposed Part 1 (existing Chapters 18.05, & 18.10)
• Regulations Applicable to all Zoning Districts – Proposed Part 3 (existing Chapters 18.50, 18.52, 18.55, 18.60, 18.65, 18.67, 18.70, & 18.145) • Permit And Entitlement Processing Procedures – Proposed Part 4 (existing Chapters 18.70, 18.85, 18.90, 18.95, 18.100, 18.105, 18.110, 18.111,
18.112, 18.115, 18.120, & 18.130)
Staff will be addressing all comments on all Parts at the third Study Session, anticipated for mid-October 2024.
Miscellaneous Zoning Ordinance Update: On August 13, 2024, the Planning Commission adopted Resolution No. 20-24 recommending that the City Council approved proposed miscellaneous zoning ordinance amendments that were determined to be necessary to comply with State law and to clarify and streamline existing processes. These specific amendments being processed prior to the Comprehensive Zoning Ordinance update to ensure the City’s Zoning Ordinance remains in compliance with required regulations. If adopted, these changes will be incorporated into the comprehensive zoning ordinance update.
II. GENERAL INFORMATION
Public Notice
A notice of this public hearing was provided on the City Hall electronic sign, A-Frames at the Police Station and Pleasant Hill Library, posted at the Senior Center, and notice of the meeting has also been posted on the City website and the City’s pleasanthill2040.com website, and emailed directly to individuals who subscribed for General Plan/Housing Element related updates.
III. ANALYSIS
3 The proposed modifications are not all content-based modifications. Modifications include providing increased clarity and readability of the ordinance (including language choice and streamlining text where appropriate) and rearranging sections of the ordinance to avoid repetitive statements or to be relocated into more logical locations of the ordinance. Staff has provided an overview of the more substantive modifications for Commission review and feedback in the sections below.
A. Proposed Ordinance Outline
The proposed Zoning Ordinance amendments include a restructuring and reorganization of the existing ordinance into six new Parts. Additionally, all Chapters are listed alphabetically within each Part to improve usability. A revised outline of the Ordinance is included as Attachment A. All Parts will be reviewed by the Planning Commission, and ultimately considered by the City Council.
B. Zone District Regulations and Development Standards (Proposed Part 2) Part 2 of the proposed Zoning Ordinance will include all zoning district regulations and development standards for the following districts:
• Residential
• Mixed-Use
• Commercial, Office, and Industrial
• Planned Unit Development (PUD) and Precise Plan Districts (PPD) • Hillside Planned Unit Development (HPUD)
• Overlay Districts
General Modifications: All zoning district regulations and development standard language has been updated and organized for clarity. Specifically, the land use table for each zone has been updated to clarify that permitted uses require approval of a zoning permit. Additionally, the new land uses (employee housing, mobile/manufactured housing, single family attached, and Places of Assembly), have been incorporated into the land use tables.
Residential Zoning Districts: Amendments are proposed to the residential zoning districts chapter to ensure these provisions comply with the recent General Plan update. Specifically, the summary of residential zoning districts has been updated with the new corresponding General Plan densities. As a result, the minimum lot area of the R-6 zone has increased from 6,000 square feet to 6,313 square feet to comply with the new General Plan density range of the Single-Family High Density designation. Additionally, the new Mangini Delu Single Family Zoning District (R-MD) has been incorporated into the ordinance. The R-MD zoning district generally mirrors the provisions of the R-6 zoning designation.
A more substantial change to the residential land use regulations (Table 18.15-1) is the introduction of multi-family development within single-family zones. Twounit (duplex) developments are already permitted under the two-unit provisions of Senate Bill 9 (SB 9). Staff is proposing to allow multi-family developments of up 4 to four units maximum within the single-family zone with approval of a conditional use permit. This amendment is in response to the following Housing Element Implementation Programs:
• HEIP I: Variety of Housing Types in Low Density Areas - The City shall encourage alternative housing types such as duplexes, small-lot developments, small unit sizes, and single-family attached units in low density higher resource single-family zones
• HEIP R: Missing Middle Housing - The City shall review and amend the General Plan and zoning code and applicable development standards to encourage and promote a mix of dwelling types and sizes, specifically missing middle-density housing types (e.g., triplexes, courtyard buildings, townhomes, live/work) to create a diversity of housing types and densities and increase the availability of affordable housing to reduce displacement risk for residents overpaying for housing.
Staff is seeking feedback from the Planning Commission on this proposed amendment.
Additionally, large residential care facilities are also proposed to be permitted in single-family zones with approval of a conditional use permit. Finally, employee housing, a newly proposed use classification, is also proposed to be a permitted use in all residential zones. All changes are being proposed to comply with the General Plan and Housing Element Implementation Program O (Municipal Code Updates), which requires the City to amend the code and define and permit such uses as proposed.
Staff is proposing minor changes to the development standards for residential uses, including increasing the maximum building height from 50 feet to 75 feet for the Multi-Family Very High Density zone, and increasing the maximum lot coverage standard from 40-percent to 50-percent for the multi-family very low and multi-family low density zones. Additionally, the scenic route setback has been reduced from 50 feet to 25 feet for all residential zones. These changes are being proposed to facilitate development that is consistent with goals and policies of the General Plan and Housing Element. Staff is also proposing to add clarity to several “additional development standard” such as stepback provisions and open space requirements to improve usability.
Minor changes are also proposed to the Accessory Dwelling Unit (ADU) provisions, Accessory Structure standards, and Urban Lot Splits and Two-Unit Projects (SB 9) for clarity. No substantial changes to content are proposed to these provisions.
Mixed-Use Districts: Since this section was recently adopted at the beginning of this year, only minimal changes are proposed. Staff is proposing to increase the proposed building heights for the mixed-use zones to ensure the envisioned densities can be achieved.
5 Commercial, Office, and Industrial Zoning Districts: The amendments proposed to the Commercial, Office, and Industrial zones are primarily to provide clarity.
Specifically, the additional development standards were modified to clarify when certain standards are required in commercial districts adjacent to residential zones/uses. Minimal substantive changes to content are being proposed.
C. Zoning Ordinance Administration (Proposed Part 5)
Part 5 of the proposed Zoning Ordinance establishes the general administrative authority and procedures for decision making of the Zoning Ordinance. This includes Chapters related to:
• General Provisions
• Amendments – General Plan, Zoning Ordinance, and Zoning Map • Appeals and Calls for Review
• Development Agreement
• Enforcement
• Nonconforming Provisions
• Notice Requirements
General Modifications: General modifications have been made to Part 5 to streamline and add clarification to the existing processes and procedures, as well as ensure compliance with State provisions.
General Provisions: Staff is proposing to add clarity to the review and approval authority provisions for projects with multiple discretionary permit applications, as well as the environmental review process and procedures, including updating relevant time frames in compliance with State Law and Housing Element Implementation Program DDD (Permit Streamlining Act), which states “The City shall adopt a policy to ensure compliance with the Permit Streamlining Act (Government Code § 65920 et seq.) and timing requirements of the California Environmental Quality Act (CEQA) (Public Resources Code (PRC) § 21000 et seq.)”.
Amendments – General Plan, Zoning Ordinance, and Zoning Map: The existing ordinance does not outline a process for a General Plan Amendment; therefore, Staff is proposing to include a new section outlining the application process, which is similar to Zoning Ordinance amendments. Other changes to this section are proposed to add clarity and ensure transparency in the City’s processes.
Appeals and Calls for Review: Staff is proposing to amend the current appeals process so that the decision of an appellate body on an appeal is final and cannot be appealed a second time. For example, if a decision by the Zoning Administrator is appealed to the Planning Commission, the decision of the Planning Commission will be final, and no further appeal to the City Council will be possible. Staff is proposing this change to streamline the appeals process. 6 D. Definitions and Land Use Classifications (Proposed Part 6) Part 6 of the proposed Zoning Ordinance includes definitions of all Land Use Classifications and Definitions of terms used throughout the ordinance. These Chapters are currently located in separate Parts of the ordinance and are proposed to be combined into a single Part with this update to improve usability.
Land Use Classifications: Staff is proposing to introduce several new land use classifications, as well as combine other similar land use classifications where appropriate. New land use classifications for “emergency medical care facility”, “School, college and university”, “School, technical, trade and vocational”, “Caretaker’s quarters”, “Employee housing”, “Employee housing, agricultural”, “low barrier navigation center” (defined as “housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing”), and “mobile or manufactured housing” are being proposed to address gaps in the ordinance and/or comply with State law terms and requirements. Additionally, many of these new land use classifications are outlined in Housing Element Implementation Program O (Municipal Code Updates), which requires the City to amend the code and define and permit such uses.
Additionally, “religious assembly” uses have been reclassified as “place of assembly” per State regulations and expanded to include civic auditoriums, theaters, banquet halls, community and civic centers, meeting halls and clubs, thus eliminating the current definition for “clubs and lodges”. Similarly, “large care facilities” have been eliminated from the residential use classifications section and combined with the existing care facility definitions under “Public and Semi-Public Land Use Classifications” for clarity. The definition for “Family day care homes” has been simplified per State law regulations. Finally, the definition of “multi-family residential” uses has been expanded to include separate definitions for duplexes, triplexes, fourplexes, and developments with five or more units. These new sub-categories are also reflected in the land use classification tables and provide additional clarity for staff and applicants when processing multi-family development applications.
Definitions: Several new definitions are being proposed, and several others are proposed to be modified to provide clarity, address gaps in the code, and comply with State law. New proposed definitions include the definition of “alteration”, which is necessary when applying legal non-conforming provisions, and “attached building or structure”, which provides additional clarity to the existing definition of a detached structure. Additional definitions are being proposed regarding electric vehicle charging stations in compliance with State Law. Finally, new definitions related to flag lots, irregular shaped lots, and determining lot lines for each scenario have been clarified in the ordinance to provide clarity for both staff and property owners.
Additional definitions are proposed to be modified include adding clarity to the different “affordable housing costs” income levels, clarifying the definition of 7 “basement”, as well as updating all density bonus related definitions to comply with State law.
Finally, several other definitions have been determined to be out of date or not applicable and are proposed to be removed. These include “boardinghouse”, “conditioned/habitable space for accessory structures”, and “frontage, building”.
IV. CONCLUSION
The Commission should review the proposed Zoning Ordinance Amendments for Parts 2, 5 and 6, and provide input and feedback to staff. Once input is received on all parts of the Zoning Ordinance, staff will return to the Commission and present a Preliminary Draft of the Ordinance through a public hearing to request a formal recommendation to the City Council.
V. RECOMMENDATION
Conduct the study session and provide feedback to staff on the proposed amendments to the City’s Zoning Ordinance on topics related to: Zone District Regulations and Development Standards (Part 2); Zoning Ordinance Administration (Part 5); and Definitions and Land Use Classifications (Part 6).
VI. ATTACHMENTS
Attachment A Proposed Zoning Ordinance Outline
Attachment B Part 2 - Zone District Regulations and Development Standards (Strikeout-Underline)
Attachment C Part 2 - Zone District Regulations and Development Standards (Clean) Attachment D Part 5 - Zoning Ordinance Administration (Strikeout-Underline) Attachment E Part 5 - Zoning Ordinance Administration (Clean) Attachment F Part 6 - Definitions and Land Use Classifications (StrikeoutUnderline) Attachment G Part 6 - Definitions and Land Use Classifications (Clean) Attachment H Public Notice