1 Planning Commission
staff report June 25, 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:
• 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)
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 first 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.
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
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 the City Council.
B. 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. These new chapters directly align with the existing Chapters 18.05 and 18.10. The changes proposed to this Part are primarily minor in nature simply clarify and refine the City’s existing provisions. The proposed amendments also include a revised “Organization of the Zoning Ordinance” (Chapter 18.05.030) section that reflects proposed Ordinance outline. Finally, 3 Part 1 also includes a new table that consolidates all zoning districts with related densities and FAR standards, consistent with the General Plan.
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
General Modifications: This section of the Ordinance has been expanded to include separate Chapters for frequently referenced provisions such as Tree Preservation, or provisions that were currently imbedded under “Additional Site Development Regulations”, (existing Chapter 18.50) such as Creek Setbacks, and Cannabis. Some of the more substantive changes include clarifying how the City measures structure and building heights (from “existing grade” instead of “ground surface”), updating the City’s traffic safety visibility area (proposed Section
18.45.070) to rectify existing discrepancies between the City’s written provisions and associated diagrams, and re-organizing the City’s temporary sign provisions.
Additionally, information regarding screening of mechanical units was added to the existing fences and walls section (proposed Chapter 18.65) to create a new “Fences, Walls, and Screening” Chapter. Finally, the existing Solar Energy System provisions (existing Section 18.50.160) has been eliminated from the code since the same provisions are already regulated by the Building Code and implemented by the Building Division.
Noise: In accordance with Program P of the General Plan, Staff is evaluating the City’s current noise level provisions. Any proposed revisions to the existing noise standards will be brought back to the Commission at a later date.
Off-Street Parking Provisions: Additional modifications are proposed to the OffStreet Parking and Loading Standards including clarifying when the required offstreet parking and loading facilities should be provided for alterations and expansions to existing structures (proposed Section 18.70.010.B). Additionally, in compliance with State law, a provision has been added that exempts qualifying projects from providing the required number of parking spaces when located with one-half mile of public transit (as defined by state law), unless the City finds that 4 not imposing the required parking would have substantially negative impacts (proposed Section 18.70.030.B).
The parking requirement for Day Cares and Personal Improvement Services is proposed to reference the Use Permit (which is required for these uses in all zones) as the mechanism for determining the required parking to avoid confusion for potential applicants. Currently, the parking requirement for these uses is not commonly applied to these uses during the review process. Finally, Staff is looking into reducing parking standards for multi-family residential developments in compliance with Program L of the Housing Element and will bring this item back to the Commission for consideration at a later date.
Bicycle parking requirements have also been increased in accordance with Program N of the General Plan. Commercial uses are now required to provide a minimum bicycle parking equivalent to five percent of the automobile parking spaces (current requirement is two percent). Additionally, multi-family developments will now be required to provide a minimum bicycle parking equivalent of one bike stall for every five automobile parking stalls (the current ratio is 1:10).
Sign Provisions: Proposed modifications to the Sign Chapter (proposed Chapter
18.80) include consolidating, and reorganizing sections and subsections for improved usability and adding clarity to the temporary sign regulations.
Additional parameters for calculating sign area for freestanding signs were also incorporated (proposed Section 18.80.070).A) for clarity.
Tree Preservation: Finally, proposed modification to the City’s Tree Preservation Chapter (proposed Chapter 18.90) includes adding palm trees, in addition to Eucalyptus, as exempt from preservation (proposed Section 18.90.030.B.2) and restricting the Heritage Tree Program to only include native or indigenous tree species.
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 Reivew Permit
• Development Plan Permit
• Minor Exception
• Reasonable Accommodation
• Sign Permit
• Temporary Sign Permit
• Master Sign Program
• Use Permit
• Temporary Use Permit
5 • Variance
• Zoning Permit
Each Chapter generally includes the purpose of the entitlement of each permit, the review authority, filing and processing procedures, required findings, and lapse of approval and revocation regulations. Where applicable, associated conditions of approval are also outlined. The changes proposed to this Part are primarily minor in nature and are proposed to add clarity and refinement to the City’s existing regulations. The changes also introduce consistency in the information provided for each permit or entitlement.
Some of the more substantial changes include adding clarification for what types of projects trigger Architectural Review Permits, specifically single-unit projects (proposed Section 18.110.010.B) and clarifying what findings are required.
Similarly, the applicability of a Development Plan was also clarified as the existing language was unclear if a Development Plan was applicable to residential projects (proposed Section 18.115.010). Additionally, more clarification was added to the similarities and differences in Use Permits and Minor Use Permits (proposed Chapter 18.145).
In compliance with Program WW of the Housing Element, Staff has amended the Reasonable Accommodation provisions to eliminate any requirements or findings related to the project’s impacts on, or compatibility with, surrounding uses since these are considered constraints to providing reasonable accommodations for special needs housing (proposed Sections 18.125.040 and 18.125.060).
Finally, Staff notes that some permits or entitlements may be approved by the Zoning Administrator, such as Minor Exceptions (proposed Section
18.120.050.B). In these situations, an appeal of the Zoning Administrator’s decision, and therefore the final action on a project, would be considered by the Planning Commission. Additionally in other situations such as a Sign Permit, a Zoning Administrator decision is appealed to the Architectural Review Commission, who would make the final action (Section 18.135.030.D). Staff is seeking feedback on whether the final action should instead be with City Council.
IV. CONCLUSION
The Commission should review the proposed Zoning Ordinance Amendments for Parts 1, 3 and 4, 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
6 Conduct the study session and provide feedback to staff on the proposed amendments to the City’s Zoning Ordinance on topics related to: Enactment and Applicability (Part 1); Regulations Applicable to all Zoning Districts (Part 3); and Permit And Entitlement Processing Procedures (Part 4).
VI. ATTACHMENTS
Attachment A Proposed Zoning Ordinance Outline
Attachment B Part 1 - Enactment and Applicability (Redlined Draft) Attachment C Part 1 - Enactment and Applicability (Clean Draft) Attachment D Part 3 - Regulations Applicable to all Zoning Districts (Redlined Draft)
Attachment E Part 4 - Regulations Applicable to all Zoning Districts (Redlined Draft)
Attachment F Part 4 - Permit And Entitlement Processing Procedures (Clean Draft) Attachment G Public Notice