CITY COUNCIL STAFF REPORT
Meeting Date: November 04, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: STUDY SESSION TO REVIEW A PRELIMINARY DRAFT OF THE COMPREHENSIVE UPDATE TO THE CITY’S ZONING ORDINANCE
(PHMC TITLE 18). THE PROPOSED COMPREHENSIVE UPDATE TO
THE ZONING ORDINANCE 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.
SYNOPSIS
The City Council is requested to 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. The proposed comprehensive update includes comments from the Planning Commission and the public from three previous Planning Commission Study Sessions on June 25, 2024, August 27, 2024, and October 8, 2024.
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.
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.
Miscellaneous Zoning Ordinance Update: On October 7, 2024, the City Council adopted Ordinance No. 970 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 go into effect on November 6, 2024, at which point the approved changes will be incorporated into the comprehensive zoning ordinance update.
Comprehensive Zoning Ordinance Update Study Sessions: The Planning Commission has conducted three Study Sessions on the comprehensive zoning ordinance update (June 25, 2024, August 27, 2024, and October 7, 2024). Comments from all three study session have been incorporated in the Preliminary Draft Ordinance. Staff Reports from each Study Session have been attached for reference (Attachments N, O, and P).
Public Comment Received To Date: A total of 27 written public comments have been received to date (Attachment Q), and a total of six members of the public spoke between the three Study Sessions.
Analysis
Staff has provided an overview of the substantive modifications for Council review and feedback in the sections below. Modifications also 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 relocating them into more logical locations of the ordinance. Staff has also provided (Attachment A), a list of proposed ordinance modifications that are not limited by State Law and allows City Council greater flexibility for additional modifications.
1. Enactment and Applicability (Proposed Part 1)
Part 1 of the proposed Zoning Ordinance includes chapters related to Purpose and Organization (Chapter 18.05), and Applicability and Interpretation (Chapter 18.10), of the Ordinance. Part 1 includes a revised “Organization of the Zoning Ordinance” (Chapter 18.05.030) section that reflects a proposed Ordinance outline.
The changes proposed to this Part are primarily minor in nature to clarify and refine the City’s existing provisions.
2. 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
• Parks and Recreation Zoning District
• Open Space Zoning District
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 land use 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. Two-unit (duplex) developments are already permitted under the two-unit provisions of Senate Bill 9 (SB 9).
Staff is proposing to allow three-unit and four-unit multi-family developments within the single-family zone, with approval of a conditional use permit (two-unit developments are already permitted, subject to SB 9 provisions). 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.
Large residential care facilities are proposed to be permitted in single-family zones upon approval of a conditional use permit, and to comply with state law, emergency shelters are also proposed to be permitted by right in the Mixed-Use Vey High Density zone.
Finally, employee housing, a new proposed use classification, is also proposed to be a permitted use in all residential zones, in compliance with state law.
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.
Residential Development Standards: 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. These changes are to better accommodate projects that have this level of density. Staff is also proposing to add clarity to several “additional development standards” such as stepback provisions and open space requirements to improve usability.
These changes are being proposed to facilitate development that is consistent with goals and policies of the General Plan and Housing Element.
Mangini Delu Residential Zones: Two new residential zoning districts are proposed to implement the Mangini Delu Residential General Plan land use designation - 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 single-family residential neighborhood and allows multi-family development with a maximum of four units and a density range of 4.6 to 13 dwelling units an acre per the General Plan. 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. However, as referenced in the summary of each district, a master plan must be established prior to any development within the RMD-East and/or RMDWest zones.
Scenic Route Setback: Additionally, the scenic route setback has been modified from 50 feet to 25 feet for all residential zones, in large part as a 50-foot setback significantly limits use of private yard usability. Thus, a 25-foot setback still provides scenic setback protections while providing private property owner greater flexibility in use of private property.
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.
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.
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.
Park and Recreation Zoning District: A new “Park and Recreation” zoning district (REC) is being introduced, which will apply to all Pleasant Hill Recreation and Park District (PHRPD)-owned properties. 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 allowable land uses within this proposed zoning district have been limited to only those related to parks and recreation facilities.
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 projects and 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 administratively at Staff level, would not require any Public Hearings, and could not be appealed. However, these projects and activities would be subject to building and/or grading permit processes, 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 City’s 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.
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, the opportunity for the public to provide input on those projects would remain if this amendment were adopted. However, the proposed amendment would still allow for City review of certain projects, primarily if the proposal were to exceed established development standards.
Open Space Zoning District: A new Open Space zoning district (OS) is also being introduced to implement the Open Space land use designation in the General Plan. The new Open Space zone is intended to protect natural resources and maintain the landscape’s natural character. Land use and development is limited to habitat conservation, watershed protection, and cultural and historic resource protection.
3. 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.
Off-Street Parking and Loading Standards: Program L of the Housing Element encourages the City to consider parking reductions to encourage residential development.
Staff researched parking standards for neighboring and comparable jurisdictions (see table below) as well as Institute of Transportation Engineers (ITE) data to determine if a reduction from the City’s current parking provisions for multi-family residential development is warranted. See below:
Existing 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 multifamily 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.
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: Lastly, proposed modification to the City’s Tree Preservation Chapter (proposed Chapter 18.90) include restricting the Heritage Tree Program to only include native or indigenous tree species, such as any native Oak tree, Red Alder, Bigleaf Maple, California Bay or Laurel, California Black Walnut, or California Sycamore.
4. 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
• Sign Permit
• Temporary Sign Permit
• Master Sign Program
• Use Permit
• Temporary Use Permit
• Variance
• Zoning Permit
Each Chapter 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 single-family projects trigger Architectural Review Permits (proposed Section
18.110.010.B) and clarifying the required findings. Additionally, more clarification was added to the similarities and differences in Use Permits and Minor Use Permits (proposed Chapter 18.145).
5. 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 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 relevant time frames in compliance with State Law (Permit Streamlining Act) and Housing Element Implementation Program DDD, 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 and streamline 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 were appealed to the Planning Commission, the decision of the Planning Commission would be final, and no further appeal to the City Council would be possible. It is important to note that Staff proposes no limitations on City Council calls for review, thus preserving the ability of any City Council member to call up an action by a Planning Decision Body for City Council review.
6. 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.
Lastly, 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 multifamily development applications.
Definitions: Several new definitions are 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 proposed regarding electric vehicle charging stations in compliance with State Law. Lastly, new definitions related to flag lots, irregular shaped lots, and determining lot lines for each scenario have been amended in the ordinance to provide clarity for both staff and property owners.
Additional definitions are proposed for modification, including adding clarity to the different “affordable housing costs” income levels, clarifying the definition of “basement”, as well as updating all density-bonus-related definitions to comply with State law.
Lastly, several other definitions have been determined to be out of date or not applicable and are proposed for removal. These include “boardinghouse”, “conditioned/habitable space for accessory structures”, and “frontage, building”.
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 October 17, 2024, and published on the City’s City Hall electronic sign, A-Frames at the Police Station and Pleasant Hill Library and notice of the meeting has also been posted on the City website, and the City’s pleasanthill2040.com website.
Finally, the agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
No formal action is required. Staff recommends that the City Council review the Preliminary Draft of the comprehensive zoning ordinance update and provide feedback to Staff to be incorporated into the Public Review Draft Ordinance.
NEXT STEPS
Staff will incorporate comments received from the City Council and the public into a Public Review Draft Ordinance. The Public Review Draft will be presented to the Planning Commission for a formal recommendation, and ultimately City Council for adoption at a later date.
ATTACHMENTS
A List of Proposed Ordinance Modifications not Limited by State Law B Part 1 - Enactment and Applicability (Redlined Preliminary Draft) C Part 1 - Enactment and Applicability (Clean Preliminary Draft) D Part 2 - Zone District Regulations and Development Standards (Redlined Preliminary Draft)
E Part 2 - Zone District Regulations and Development Standards (Clean Preliminary Draft) F Part 3 - Regulations Applicable to all Zoning Districts (Redlined Preliminary Draft) G Part 3 - Regulations Applicable to all Zoning Districts (Clean Preliminary Draft) H Part 4 - Regulations Applicable to all Zoning Districts (Redlined Preliminary Draft) I Part 4 - Permit And Entitlement Processing Procedures (Clean Preliminary Draft) J Part 5 - Zoning Ordinance Administration (Redlined Preliminary Draft) K Part 5 - Zoning Ordinance Administration (Clean Preliminary Draft) L Part 6 - Definitions and Land Use Classifications (Redlined Preliminary Draft) M Part 6 - Definitions and Land Use Classifications (Clean Preliminary Draft) N June 25, 2024 Planning Commission Study Session Staff Report (no attachments) O August 27, 2024 Planning Commission Study Session Staff Report (no attachments) P October 8, 2024 Planning Commission Study Session Staff Report (no attachments) Q Public Comments (all received to date)
R Public Notice