1 Planning Commission
staff report October 8, 2024
Subject: COMPREHENSIVE ZONING ORDINANCE AMENDMENT -
PROPOSED ORDINANCE AMENDMENTS FOR CONSISTENCY
WITH CITY OF PLEASANT HILL GENERAL PLAN 2040,
INCLUDING THE 2023-2031 HOUSING ELEMENT, CITY-WIDE
CITY-WIDE
Project Planner : Haley Croffoot, 925-671-5297, [email protected] I. INTRODUCTION
A. Project Description
The Planning Commission is asked to review and provide preliminary feedback on a comprehensive update to the City’s Zoning Ordinance (PHMC Title 18), which includes all Parts as follows:
• Part 1 – Enactment and Applicability
• Part 2 – Zoning District Regulations and Development Standards • Part 3 – Regulations Applicable to all Zoning Districts • Part 4 – Permit and Entitlement Processing Procedures • Part 5 – Zoning Ordinance Administration
• Part 6 – Definitions and Land Use Classifications
The proposed comprehensive update is necessary to implement the goals, policies and programs of the recently adopted 2040 General Plan and 2023-2031 Housing Element, as well as to address compliance with State law, and clarify and streamline existing processes. This is the third of three Study Sessions with the Planning Commission. Comments from the first two Study Sessions have been incorporated into each part as applicable.
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, and August 27, 2024, the Planning Commission conducted the first and second of three Study Sessions on the comprehensive zoning ordinance update and provided feedback on all Parts. A total of 21 written public comments were received (Attachment O), and a total of three members of the public spoke between the two meetings. This is the third Study Session to review modifications to each Part in response to comments received at the two prior Study Sessions. Staff Reports from each Study Session have been attached for reference (Attachment M and N).
Miscellaneous Zoning Ordinance Update: On September 9, 2024, the City Council introduced an ordinance amending various portions of the Zoning Ordinance that were determined to be necessary to comply with State law and to clarify and streamline existing processes. The processing of these specific amendments prior to completion of the Comprehensive Zoning Ordinance update ensures that the City’s Zoning Ordinance remains in compliance with required regulations. The ordinance will return to the City Council for a second reading on October 7, 2024. 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
Staff has provided an overview of the substantive modifications for Commission review and feedback in the sections below. However, not all the proposed modifications are content-based modifications. Modifications also include providing increased clarity and readability of the ordinance (including language choice and streamlining text where 3 appropriate) and rearranging sections of the ordinance to avoid repetitive statements or relocating them into more logical locations of the ordinance.
A. Enactment and Applicability (Proposed Part 1)
Part 1 of the proposed Zoning Ordinance will include chapters related to Purpose and Organization (Chapter 18.05), and Applicability and Interpretation (Chapter
18.10), of the Ordinance. The changes proposed to this Part are primarily minor in nature simply to clarify and refine the City’s existing provisions.
At the June 25, 2024, Study Session, the Planning Commission expressed general support for the organization and content of Part 1. The Commission requested that Staff add clarification to the table establishing the base zoning districts and corresponding General Plan land use designations where there are no associated densities and/or floor-area-ratios (FAR) established in the 2040 General Plan.
Staff has added clarification to the table for the applicable zoning districts.
B. Zoning 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
In response to comments received by the public and Planning Commission at the August 27, 2024, Study Session, Staff has made the following modifications:
Mangini Delu Residential Zone:
• The term “single-family” has been eliminated from the title of the Mangini Delu Residential Zoning District since the zone allows for a mix of residential development types.
• The Mangini Delu Residential Zoning District has been broken up into two separate districts, Mangini Delu Residential-East (RMD-East) and Mangini Delu Residential-West (RMD-West). RMD-East designation is intended for lower intensity development adjacent to the existing singlefamily residential neighborhood while RMD-West allows for higher intensity development, still within the 4.6 to 13 dwelling unit per acre density range established by the General Plan. The development standards for each zone have also been updated to reflect the intended development intensity.
• Similarly, the summary description of new Mangini Delu Residential Zoning Districts has been updated to reflect the two new zones. 4 Additionally, the previous reference to “apartment complexes” has been removed and the summary now includes language referencing the required Master Plan.
Density Bonus: The exiting Density Bonus section of the ordinance has been revised and simplified. The proposed language establishes a general framework for Density Bonus projects and refers to the applicable California Government Code section for details and specific requirements. Staff is proposing to restructure the section in this manner to ensure continued compliance with the frequent updates to Density Bonus provisions at the state level.
The City Attorney is currently reviewing the revised Density Bonus section, and further modifications related to California State Law may be required. Any required changes will be incorporated prior to the subsequent City Council Study Session.
Park and Recreation Zoning District: A new “Park and Recreation” zoning district is being introduced, which will apply to all Pleasant Hill Recreation and Park District (PHRPD)-owned facilities. Many of these properties are currently zoned Single-Family Residential. The new Park and Recreation Zoning District focuses on the preservation and support of these facilities. The proposed development standards still mirror those within the Single-Family Residential District to ensure development is compatible with the surrounding residential neighborhoods. The allowed land uses have been limited to only those related to parks and recreation facilities.
Finally, City review of development and activity within this zoning district has been divided into three separate tiers of review as follows:
1. Exempt Activities: Tree removals (including protected trees), and routine maintenance and repair of parks and facilities that do not include an expansion of floor area.
2. Activities Requiring a Zoning Permit: All activities which otherwise comply with the permitted land uses and development standards. This includes new facilities and parks, or alterations to existing facilities that include an expansion of floor area. The Zoning Permit would be reviewed at the Staff Level, would not require any Public Hearings, and could not be appealed.
However, these activities would still be required to obtain Building and Grading Permits, as applicable.
3. Activities requiring Other Entitlements: Any activity or development that does not comply with the proposed development standards would be required to obtain a Development Plan, Architectural Review, and/or Use Permit (including any other permits). These entitlements would be subject to the standard discretionary review process. Additionally, any map related activities such as subdivisions or lot line adjustments would be subject to the Subdivision Map Act and City processes and procedures.
5 Currently, PHRPD development is processed and reviewed in the same manner as any private development proposal. The proposed amendment would streamline the process for certain PHRPD projects by not requiring a second public review process with the City. The PHRPD has an elected Board of Directors, and has its own public review process; thus, public input on those projects would remain if this amendment were adopted. However, the proposed amendment would still allow City review of certain projects, primarily if the proposal were to exceed established development standards.
C. Regulations Applicable to all Zoning Districts (Proposed Part 3) Part 3 of the proposed Zoning Ordinance includes general provisions that apply to all zoning districts as follows:
• General Site and Development Standards
• Adult Businesses
• Cannabis
• Creek Setbacks
• Fences, Walls, and Screening
• Off-Street Parking and Loading
• Performance Standards
• Signs
• Tree Preservation
• Water-Efficient Landscaping
• Wireless Telecommunications
At the June 25, 2024, Study Session, the Planning Commission expressed general support for the structure and content of Part 3 and asked for a few clarifications to specific sections to which Staff made revisions as follows:
Traffic Safety Visibility Area (Figure 18.45-7): The Traffic Safety Visibility Area diagram has been updated for clarity and to correct misinformation on the existing diagram.
Structure Projections and Encroachments into Setbacks (Section 18.45.080): Staff has removed reference to “courts” throughout this section to avoid redundancy and confusion.
Corner Lot and Key Lot Fence and Wall Standards (Figure 18.65-1): The Corner Lot and Key Lot Fence and Wall Standards diagram has been updated for clarity and to correct unclear information on the existing diagram.
Off-Street Parking and Loading Standards: Program L of the Housing Element encourages the City to consider parking reductions to encourage residential development. Since the June 25, 2024, Study Session, Staff has researched parking standards for neighboring and comparable jurisdictions (see table below) as well as Institute of Transportation Engineers (ITE) data to determine if a 6 reduction from the current parking provisions for multi-family residential development is warranted.
Parking Requirements for Multi-Family Uses
Pleasant Hill
(Existing)
ITE
General
Urban/Suburb
an (not close
to transit)
Martinez Concord Walnut
Creek Lafayette Foster City Hercules
Studio 1.5 spaces
1.35 per
unit
1 1 1.25 1 1
1.5 1 bedroom 1.5 spaces 1.5 1.5 1 1.5
2 bedrooms
2 spaces
2 2 1.2 2
3 bedrooms 2 2.25 1.5 2
4+
bedrooms
2 + 0.5
per add.
bdrm
2.25 1.5 2
Guest
Parking 1 per 2 units 1 per 4 units
1 per 3
units None 1 per 2 units
1 per
4 units
1 per 2
units
Based on research from neighboring and comparable jurisdictions and ITE data, Staff is currently proposing to modify or condense the following parking requirements for multi-family uses:
Proposed Parking Requirement for Multi-Family Uses in Pleasant Hill Current Proposed
Studio 1.5 spaces per unit 1.25 spaces per unit
1 bedroom 1.5 spaces per unit Unchanged
2+ bedrooms 2 spaces per unit Unchanged
Guest Parking 1 per 2 units 1 per 4 units
The proposed parking requirements represent a reduction from the current standards for Studio and Guest Parking, with 1 Bedroom and 2+ Bedrooms unchanged. With the reductions, these changes would meet the intent of Housing Element Program L, while still mirroring requirements in comparable jurisdictions and meeting or exceeding ITE data.
D. Permit and Entitlement Processing Procedures (Proposed Part 4) Part 4 of the proposed Zoning Ordinance outlines the processing procedures for all permits and entitlements that are required by provisions of the Zoning Ordinance as follows:
• Adult Use Development Permit
• Architectural Review Permit
• Development Plan Permit
• Minor Exception
• Reasonable Accommodation
7 • Sign Permit
• Temporary Sign Permit
• Master Sign Program
• Use Permit
• Temporary Use Permit
• Variance
• Zoning Permit
At the June 25, 2024, Study Session, the Planning Commission expressed general support for the structure and content of Part 4 and had no comments. Therefore, no significant changes have been made to Part 4 since the last Study Session.
E. 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
In response to comments received from the public and Planning Commission at the August 27, 2024, Study Session, Staff has further clarified the “Right to Appeal, Call for Review, Time Limits” section (18.175.020) noting that a project is limited to one appeal. No limitations are proposed for the number of calls for review. For example, a decision of the Zoning Administrator that is appealed to the Planning Commission may not be appealed to the City Council, however the City Council may choose to call it up for review.
F. 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.
In response to comments received by the public and Planning Commission at the August 27, 2024, Study Session, Staff has provided a diagram illustrating the front property line location for flag lots. New definitions for “active open space” and “passive open space” to provide clarity for open space requirements for new development.
8 IV. CONCLUSION AND NEXT STEPS
The Commission should review the proposed Preliminary Draft of the comprehensive Zoning Ordinance update and provide input and feedback to staff. The City Council will also review the Preliminary Draft of the comprehensive Zoning Ordinance at an upcoming study session.
V. RECOMMENDATION
Conduct the study session and provide feedback to staff on the proposed amendments to all Parts of the City’s Zoning Ordinance as follows: Part 1 – Enactment and Applicability; Part 2 – Zoning District Regulations and Development Standards; Part 3 – Regulations Applicable to all Zoning Districts; Part 4 – Permit and Entitlement Processing Procedures; Part 5 – Zoning Ordinance Administration; and Part 6 – Definitions and Land Use Classifications.
VI. ATTACHMENTS
Attachment A Part 1 - Enactment and Applicability (Redlined Preliminary Draft) Attachment B Part 1 - Enactment and Applicability (Clean Preliminary Draft) Attachment C Part 2 - Zone District Regulations and Development Standards (Redlined Preliminary Draft)
Attachment D Part 2 - Zone District Regulations and Development Standards (Clean Preliminary Draft)
Attachment E Part 3 - Regulations Applicable to all Zoning Districts (Redlined Preliminary Draft)
Attachment F Part 3 - Regulations Applicable to all Zoning Districts (Clean Preliminary Draft)
Attachment G Part 4 - Regulations Applicable to all Zoning Districts (Redlined Preliminary Draft)
Attachment H Part 4 - Permit And Entitlement Processing Procedures (Clean Preliminary Draft)
Attachment I Part 5 - Zoning Ordinance Administration (Redlined Preliminary Draft)
Attachment J Part 5 - Zoning Ordinance Administration (Clean Preliminary Draft) Attachment K Part 6 - Definitions and Land Use Classifications (Redlined Preliminary Draft)
Attachment L Part 6 - Definitions and Land Use Classifications (Clean Preliminary Draft)
Attachment M June 25, 2024 Planning Commission Study Session Staff Report (no attachments)
Attachment N August 27, 2024 Planning Commission Study Session Staff Report (no attachments)
Attachment O Public Comments (all received to date)
Attachment P Public Notice