City of Pleasant Hill
Zoning Ordinance Amendment and Revised Zoning Map
Environmental Determination
1 City of Pleasant Hill
Zoning Ordinance Amendment and Revised Zoning Map
Environmental Determination
Background
The City of Pleasant Hill is considering adoption of the comprehensive Zoning Ordinance Amendment (Title 18 of the Pleasant Hill Municipal Code) and revised Zoning Map. The City has prepared this Amendment to implement the recently adopted 2040 General Plan and comply with new State laws intended to increase housing supply and affordability. Because this action requires City Council approval, such approval will establish new development regulations, and may cause a direct or reasonably foreseeable indirect physical change in the environment, the action is considered a Project under the California Environmental Quality Act (CEQA). (State CEQA Guidelines § 15378(a).) As such, the City is required to make an environmental determination for the Project prior to any action on the Project. An Environmental Impact Report (EIR) was prepared for the Pleasant Hill 2040 General Plan (State Clearinghouse # 2022070095) (“2040 GP EIR”).
The 2040 General Plan EIR evaluated the environmental effects of changing land use and zoning designations, as well as the subsequent implementation of those changes through a Zoning Ordinance Amendment and revised Zoning Map. The Zoning Ordinance Amendments are consistent with, and serve to further implement, the Project Description analyzed in Section 2 of the EIR. These amendments are addressed in the Environmental Impact Analysis in Section 3. Approval of the Zoning Ordinance Amendment and revised Zoning Map constitutes a subsequent discretionary action within the scope of the project analyzed in the certified 2040 General Plan EIR. Therefore, no further CEQA review is required.
Project Objectives
The City of Pleasant Hill Zoning Ordinance Amendment and revised Zoning Map had several project objectives, including:
• Achieve General Plan consistency
• Achieve Housing Element consistency
City of Pleasant Hill
Zoning Ordinance Amendment and Revised Zoning Map
Environmental Determination
2 • Reflect changes in State law
• Create a contemporary Zoning Ordinance that is easier to use and implement The General Plan and Housing Element include a number of policies and implementation programs that established the basis for these objectives. The following Zoning Ordinance Amendment Project Description outlines the achievement of those objectives.
Project Description
The proposed Project consists of revisions to Title 18, Zoning Ordinance, and the associated Zoning Map to implement the 2040 General Plan, including the 2023–2031 6th Cycle Housing Element. These amendments are consistent with the Project Description evaluated in Section 2 of the General Plan EIR.
The General Plan’s goals, policies, and implementation programs were encompassed within the project description analyzed in the certified EIR, and the proposed Zoning Ordinance Amendments directly serve to implement those provisions.
The environmental consequences of implementing the General Plan—including the adoption of revised zoning regulations and the updated Zoning Map—were evaluated in the Environmental Impact Analysis presented in Section 3 of the General Plan EIR. That analysis provides a comprehensive assessment of the impacts associated with implementing the land use concept established in the General Plan, with detailed discussions provided throughout the topical sections of the EIR.
EIR Section Reference Section Title and Topic
3.1.3 – Impacts and Mitigation Measures Aesthetics
3.2.4 – Impacts and Mitigation Measures Air Quality
3.3.4 – Impacts and Mitigation Measures Biological, Agriculture, and Forestry Resources
3.4.4 – Impacts and Mitigation Measures Cultural and Tribal Cultural Resources
3.5.4 – Impacts and Mitigation Measures Geology, Soils, and Mineral Resources
3.6.4 – Impacts and Mitigation Measures Greenhouse Gas Emissions and Energy
3.7.4 – Impacts and Mitigation Measures Hazards, Hazardous Materials, and Wildfire
3.8.4 – Impacts and Mitigation Measures Hydrology and Water Quality
3.9.4 – Impacts and Mitigation Measures Land Use Planning, Population, and Housing
3.10.4 – Impacts and Mitigation Measures Noise
3.11.4 – Impacts and Mitigation Measures Public Services and Recreation
3.12.4 – Impacts and Mitigation Measures Transportation
3.13.4 – Impacts and Mitigation Measures Utilities and Service Systems
4.1.1 – Population and Employment Growth Other CEQA Sections
4.1.2 – Removal of Obstacles to Growth Other CEQA Sections
4.2 – Irreversible Environmental Effects Other CEQA Sections
4.3 – Mandatory Findings of Significance Other CEQA Sections City of Pleasant Hill
Zoning Ordinance Amendment and Revised Zoning Map
Environmental Determination
3 Zoning Map
The revisions to the City’s Zoning Map includes the rezoning of 1,080 parcels within the City for consistency with the 2040 General Plan, 6th Cycle Housing Element, and Zoning Ordinance Amendment.
The certified General Plan EIR analyzed a new land concept that required revisions to the City’s Land Use Diagram. A detailed overview of these concepts and the updated Land Use Diagram can be found in Subsection 2.5 (Proposed Plan Components) in the EIR.
The following is a summary of the rezones:
• Rezoned all parcels with existing City parks to new Parks and Recreation (REC) zoning district • Rezoned parcels identified in the Housing Element sites inventory to accommodate higher density residential development to meet RHNA shortfall. This includes rezoning parcels currently zoned as commercial, retail, or single-family residential to one of the mixed-use districts to accommodate housing development in addition to commercial and retail. • Rezoned the Mangini Delu property, as identified in the General Plan and Housing Element, from single-family residential to the new Mangini Delu Residential (RMD) zoning district.
Part 1 – Enactment and Applicability
General
• Implemented new Zoning Ordinance template and format style. • Updated all in-text cross referencesthroughout the Part. • Reorganized and restructured Part 1 consistent with the approved Master Table of Contents.
Summary of Revisions to Enactment and Applicability
• Improved organization of content to enhance usability and reflect selected style guide. • Clarified existing regulations and improved content, where appropriate. • Created a new provision establishing severability and invalidation zoning procedures. • Condensed all zoning districts into a single matrix for ease of use and viewing. • Updated all density and FAR standards for each zoning district consistent with the General Plan. • Added new zoning districts to implement General Plan designations (i.e., REC, OS).
The General Plan EIR analyzed these impacts on a programmatic and comprehensive level in various subsections including updated development provisions and new zoning districts in subsection 3.9 Land Use Planning, Population, and Housing.
Part 2 – Zone District Regulations and Development Standards General
• Implemented new Zoning Ordinance template and format style. • Updated all in-text cross referencesthroughout the entire Part. • Reorganized and restructured Part 2 consistent with the approved Master Table of Contents.
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Zoning Ordinance Amendment and Revised Zoning Map
Environmental Determination
4 • Created a tabular list of allowable land uses and associated permit requirements.
Summary of Revisions to Zone District Regulation and Development Standards • Organized Part 2 into eight chapters:
o Residential districts
o Mixed-use districts
o Commercial, office, and industrial districts
o Planned developments and precise plan districts
o Hillside planned unit development
o Overlay districts
o Parks and recreation district
o Open space district
• Revised the organization of all chapters for ease of use and reflect selected style guide. • Updated land use regulations for specific land use types, including accessory dwelling units (ADUs) and density bonuses.
• Updated the purpose statements for each zoning district to reflect the updated General Plan and Housing Element, including a description of allowed uses, density and intensity standards, and corresponding General Plan land use designations.
• Added new land uses and associated permit requirements in all zoning districts to reflect State law and best practices.
• Updated development standards (e.g., height, setbacks, lot coverage) where necessary for consistency with General Plan, implement best practices, and allow for feasible development. • Revised previously identified development constraints(e.g., scenic route setback). • Created a new residential zoning district to implement the General Plan and Housing Element:
the Mangini Delu Residential Zoning District (R-MD).
• Codified required Housing Element sites inventory provision regarding development standards for identified sites.
• Created two new recreation and open space zoning districts to implement the General Plan (Park and Recreation, and Open Space).
• Established reasonable development standards and allowed land use types and associated permits.
• Removed provision requiring buildings that incorporate over 10,000 square feet of office space provide eating facilities for employees.
• Clarified maximum height for accessory structures.
• Added a zoning permit requirement for new accessory structures.
The General Plan EIR analyzed these impacts on a programmatic and comprehensive level in various subsections including new development intensities in 3.1 Aesthetics, 3.2 Air Quality, 3.3 Biological, Agriculture and Forestry Reserves, 3.8 Hydrology and Water Quality, 3.9 Land Use Planning, Population and Housing, 3.10 Noise, 3.11 Public Services and Recreation, 3.12 Transportation, 3.13 Utilities and Service System, & 4.1 Growth Inducing Impacts; new land use designations and City of Pleasant Hill
Zoning Ordinance Amendment and Revised Zoning Map
Environmental Determination
5 corresponding new zoning districts were reviewed in subsections 3.9 Land Use Planning, Population and Housing & 4.1 Growth Inducing Impacts.
Part 3 – Regulations Applicable to All Zone Districts
General
• Implemented a new Zoning Ordinance template and format style. • Updated all in-text cross referencesthroughout the Part. • Reorganized and restructured the Part consistent with the approved Master Table of Contents.
Summary of Changes to Regulations Applicable to All Zone Districts • Revised traffic safety visibility area standard for clarity. • Refined the creek setback provisions to remove duplicative provisions and clarify the role of various review authorities.
• Drafted new language exempting streamlined affordable housing projects from applicable parking standards.
• Updated parking reduction and shared parking standards to clarify measurement of required parking spaces.
• Addressed electric vehicle (EV) charging stations per State law. • Updated parking standardsfor park and recreation facilities.
The General Plan EIR analyzed these impacts on a programmatic and comprehensive level in various subsections including new development provisions in 3.2 Air Quality, 3.3 Biological, Agriculture and Forestry Reserves, 3.8 Hydrology and Water Quality, 3.9 Land Use Planning, Population and Housing,
3.10 Noise, 3.11 Public Services and Recreation, 3.12 Transportation, 3.13 Utilities and Service System, & 4.1 Growth Inducing Impacts.
Part 4 – Permit and Entitlement Processing Procedures
General
• Implemented new Zoning Ordinance template and format style. • Updated all in-text cross referencesthroughout the Part. • Reorganized and restructured the Part consistent with the approved Master Table of Contents.
Summary of Changes to Permit and Entitlement Processing Procedures • Updated separation guidelines related to adult businesses to include preschools and daycares. • Refined the necessary findings for Architectural Review Permits. • Clarified processes for projects with multiple discretionary permits. • Updated reasonable accommodation requests to address the Housing Element policy.
City of Pleasant Hill
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6 • Revised Master Sign Permit and Sign Permit submittal, processing, and decision procedures for clarity (e.g., purpose statement, application materials). • Updated purpose and applicability language for Use Permits to clarify when Minor Use Permits, Temporary Use Permits, and Use Permits are required.
• Added new language in the Variance procedures to addresses consistency with State law and Govt. Code sections.
The General Plan EIR analyzed these impacts on a programmatic and comprehensive level in various subsections including new updating permit provisions and processes in 3.9 Land Use Planning, Population and Housing, and made other updates as mandated and to be consistent with State Law Part 5 – Zoning Ordinance Administration
General
• Implemented new Zoning Ordinance template and format style. • Updated all in-text cross referencesthroughout the Part. • Reorganized and restructured the Part consistent with the approved Master Table of Contents.
Summary of Changes to Zoning Ordinance Administration
• Reorganized and performed general clean-up of language for internal consistency. • Reviewed and updated the Development Agreement provisions to:
o Clarify Chapter intent
o Establish submittal requirements and review procedures • Created a new section for findings
• Added new language explaining the purpose and intent of the City’s nonconforming provisions. • Codified alternative noticing requirements in compliance with State law • Allowed for any decision by the Planning Commission or Architectural Review Commission to be appealed to the City Council.
The General Plan EIR analyzed these impacts on a programmatic and comprehensive level in various subsections including new updating various provisions and processes related to Development Agreements and Nonconformity in 3.9 Land Use Planning, Population and Housing, and made other updates as mandated and to be consistent with State Law.
Part 6 – Definitions and Land Use Classifications
General
• Implemented new Zoning Ordinance template and format style. • Updated all in-text cross referencesthroughout the Part. • Reorganized and restructured the Part consistent with the approved Master Table of Contents.
Summary of Changes to Definitions and Land Use Classifications.
City of Pleasant Hill
Zoning Ordinance Amendment and Revised Zoning Map
Environmental Determination
7 • Relocated the land use classification (definitions for land uses) to the existing definitions chapter.
•
• Created new definitions for revised land uses, including places of assembly, schools, multifamily residential, and electric vehicles and charging stations The General Plan EIR analyzed these impacts on a programmatic and comprehensive level in various subsections including new development intensities in 3.1 Aesthetics, 3.2 Air Quality, 3.3 Biological, Agriculture and Forestry Reserves, 3.8 Hydrology and Water Quality, 3.9 Land Use Planning, Population and Housing, 3.10 Noise, 3.11 Public Services and Recreation, 3.12 Transportation, 3.13 Utilities and Service System, & 4.1 Growth Inducing Impacts; new land use designations and corresponding new zoning districts were reviewed in subsections 3.9 Land Use Planning, Population and Housing & 4.1 Growth Inducing Impacts.
CEQA Requirement
Under the California Environmental Quality Act (CEQA), once a proposed action is determined to constitute a “project” (Public Resources Code § 21000 et seq.), the lead agency must determine the appropriate level of environmental review. CEQA provides three basic pathways: exemption, preparation of a Negative Declaration or Mitigated Negative Declaration, or preparation of an Environmental Impact Report (EIR). The lead agency, as defined in CEQA Guidelines § 15367, is the public agency with principal responsibility for carrying out or approving the project, and must make this threshold determination based on the project’s potential for environmental impacts.
A project may be found exempt if it falls within a statutory exemption (Guidelines § 15260–15285), a categorical exemption (Guidelines § 15300–15333), or the “common sense” exemption where it can be seen with certainty that the activity will not result in a significant effect on the environment (Guidelines § 15061(b)(3)). Exemption may also be appropriate where the project’s environmental effects were previously analyzed in a certified EIR or Negative Declaration and the current activity is within the scope of that earlier review. In these cases, no new environmental document is required unless the conditions for subsequent or supplemental review are triggered under Guidelines § 15162–15164.
If the project is not exempt, the agency must prepare an Initial Study (Guidelines § 15063) to assess potential impacts. If the study shows that there is no substantial evidence of a significant effect, the agency may adopt a Negative Declaration (Guidelines § 15070–15075). If potentially significant effects are identified but mitigation measures can reduce all impacts to a less-than-significant level, the agency may instead adopt a Mitigated Negative Declaration. Where the evidence establishes that a project may cause a significant effect that cannot be mitigated to a less-than-significant level, the agency is required to prepare an Environmental Impact Report (Guidelines § 15064(a)(1)), as detailed in Guidelines § 15080–15097.
City of Pleasant Hill
Zoning Ordinance Amendment and Revised Zoning Map
Environmental Determination
8 Analysis
2040 General Plan Policies and Programs
Since a key purpose of this Zoning Ordinance Amendment and revised Zoning Map is to implement the 2040 General Plan and Land Use Diagram, it is important to confirm that the Project is consistent with that General Plan. According to the General Plan, the City of Pleasant Hill Zoning Ordinance is the primary method of implementing the General Plan. Adoption of the 2040 General Plan required a review and possible revision of the Zoning Ordinance and Zoning Map to ensure consistency with the updated General Plan. This revision would incorporate any changes to land use, density or intensity, and design and development standards established in 2040 General Plan. There are 18 policies and 23 implementation programs that are addressed by the Zoning Ordinance Amendment and revised Zoning Map.
Policies
LU-1.2: LU-1.1 City Atmosphere. Enhance the quality of life and civic pride through a diverse range of development types that create a memorable place to live, play, and work.
LU-1.2 City Image. Continue efforts to define and enhance the City’s image by emphasizing the high quality, intergenerational park facilities and recreational opportunities in the city; dedication to education, including the presence of Diablo Valley College and its potential to provide cultural and lifelong learning opportunities; and the vital, progressive nature of the city as a diverse residential community and a supportive environment for business.
H-1.1 Monitor Development. Monitor residential and job producing development in the city in order to maintain an adequate housing supply for city residents.
H-1.2 Maintain Adequate Supply. Maintain a sufficient supply of residential land with appropriate zoning to meet locally generated housing needs.
H-1.5 Encourage Higher Densities. Encourage development at the maximum allowed density to increase the quantity and affordability of the city’s housing stock.
H-1.6 Provide Transparency. Provide transparency regarding information on housing-related actions, fees, and programs.
H-2.1 Housing Types. Allow a variety of housing types in all residential zones.
H-2.2 Remove Constraints. Remove constraints to production and availability of housing, where possible.
H-2.3 Streamline Review. Facilitate streamlined review of below market rate and special needs housing projects.
H-2.4 Mixed Use Development. Encourage mixed-use development in commercial zones, at underutilized sites, and along transportation corridors.
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9 H-3.1 Preference Policy. Facilitate construction of affordable housing by prioritizing new projects that include units for lower-income segments of the community.
H-3.2 Workforce Housing. Look for opportunities to promote the development or preservation of housing affordable to those who work in Pleasant Hill.
OSP-1.1 Open Space Preservation. Keep open space and undeveloped hillsides free of future development.
ENV-8.6 Electric Vehicle Infrastructure. Require installation of electric vehicle charging stations as a ratio of total required parking for new and redeveloped commercial and multi-family projects and require new single-family residential development to include 220 volt outlets in all garages.
HS-3.2 Weed abatement and Fire-Resistant Landscaping. Require annual weed and other fuel abatement and promote the installation of fire-resistant landscaping in new and existing development.
HS-3.4 Fire Safety Improvements. Develop guidelines for fire safety improvements for existing and new commercial buildings and encourage upgrades where possible.
HS-3.8 Adequate Water Pressure. Coordinate with local water districts to seek funding and implement the necessary infrastructure upgrades to provide adequate water pressure to supply required fire suppression systems in existing and future development projects.
HS-3.10 Municipal Code Maintenance. Ensure the Pleasant Hill Municipal Code is kept up to date on State and Federal requirements, best practices, and City processes regarding wildfire prevention design standards and requirements.
Programs
Land Use Element Program G, Visual Impacts Minimization Requirement. Amend the Zoning Ordinance to require minimization of visual impacts from structures adjacent to scenic routes.
Housing Element Program F, Increase Allowable Densities and Residential Capacity in Racially Concentrated Areas of Affluence (RCAAs. To increase density and housing options in low density residential areas as well as along commercial corridors, the City shall update the General Plan, Municipal Code and Zoning Map as follows:
• Add a new Mangini Delu-Residential designation and corresponding zone that will allow residential densities between 4.6 and 13.0 dwelling units per acre. • Add a new Mixed Use Neighborhood designation and corresponding zone that will allow residential densities between 1.3 and 20 dwelling units per acre. • Add a new Mixed-Use designation and corresponding zone that will allow residential densities between 12 and 40 dwelling units per acre.
• Add a new Mixed-Use High-Density designation and corresponding zone that will allow residential densities between 40 and 70 dwelling units per acre. • Add a new Mixed Use Very High-Density designation and corresponding zone that will allow residential densities between 70 and 100 dwelling units per acre.
City of Pleasant Hill
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Environmental Determination
10 In order to promote housing mobility and increasing housing choices and affordability in low-density Racially Concentrated Areas of Affluence (RCAAs), the City shall redesignate and rezone land in RCAAs beyond rezones to meet the RHNA shortfall.
Housing Element Program H, Development Standards. The City shall evaluate development standards within the 2040 General Plan Update and subsequent Zoning Code Update and shall amend or remove any provisions that constrain the production of housing, including but not limited to height, lot coverage, parking for small units and multifamily developments, and setbacks along scenic routes.
Housing Element Program I, Variety of Housing Types in Low Density Areas. The City shall encourage alternative housing types in low density higher resource single-family zones by evaluating and revising development standards, as necessary, as part of the General Plan Update process and subsequent Zoning Code Update to remove identified constraints to these housing types.
Housing Element Program , Mixed-Use Zoning. The City shall utilize mixed use zoning to encourage housing production along commercial corridors, and near employment and transportation rich areas.
The City shall amend the Zoning Code to create and implement the development criteria set for mixed use development within Pleasant Hill.
Housing Element Program L, Flexible Parking Standards. The City shall continue to provide appropriate flexible parking requirements that allow shared use in locations being considered for higher-density housing development.
Housing Element Program M, Streamlined Review Process. The City shall continue to apply streamlined permit processing for affordable housing developments and shall explore additional measures to expedite the affordable housing developments in the city.
Housing Element Program N, Single-room Occupancy. The City shall continue to allow single-room occupancy (SRO) housing in the MRVL, MRL, MRM and MRH zoning districts consistent with Sec.
18.20.085 of the Zoning Ordinance.
Housing Element Program O, Municipal Code Updates. The City shall review and amend the Municipal Code, to comply with State law to:
• Allow low barrier navigation centers.
• Update Chapter 18.20.150 (Density Bonus).
• Permit emergency shelters without a conditional use permit or other discretionary permits in zone(s) with capacity to meet the identified need that allows residential uses. • Revise the definition of emergency shelter to include interim interventions. • Reduce parking requirements for emergency shelters.
• Allow transitional and supportive housing including, but not limited to, allowing these uses byright (without discretionary action) in zones where multifamily and mixed uses are permitted. • Allow Accessory Dwelling Units in compliance with all recent State laws. • Define agricultural employee housing for six or fewer employees as a single-family structure, permitted in the same manner as other dwellings of the same type in the same zone.
City of Pleasant Hill
Zoning Ordinance Amendment and Revised Zoning Map
Environmental Determination
11 • Permit small residential care facilities (licensed and unlicensed), as well as large care facilities in all zones allowing residential uses with objectivity to facilitate approval certainty and in the same manner as residential uses of similar type and form. • Remove separation requirements for residential care facilities of allsizes.
Housing Element Program Q, Place-based Density Increases. The City shall revise the Zoning Code to allow urban lot splits, duplexes, and other projects in single-family residential zones in accordance with Senate Bill 9.
Housing Element Program R, Missing Middle Housing. The City will add new mixed-use zones to the Zoning Code and evaluate and revise development standards such as minimum lot sizes; setback, lot coverage and building height restrictions; and required parking ratios to allow for missing middle housing types, particularly on vacant sites in high opportunity, low-density areas.
Housing Element Program S, Density Bonus. The City shall provide for additional density bonuses beyond State law requirements to encourage the production of 100 percent affordable housing projects on lower-income sites in the sites inventory, including 100 percent affordable projects for those with special housing needs.
Housing Element Program CC, Priority Processing. The City shall continue to provide priority in permit processing to affordable housing developments, as well as senior, special needs, and workforce housing developments, and shall explore additional measures to expedite affordable housing developments in the city. The City shall review streamlined processing procedures and revise, as necessary.
Housing Element Program KK, Residential Zoning. The City shall retain residential zoning and discourage non-residential uses in residential zones. In mixed use zones, the City shall require mixed use projects within housing opportunity sites incorporate a residential component.
Housing Element Program WW, Reasonable Accommodation for Special Needs Housing. The City shall continue to follow the City guidelines for implementing the reasonable accommodation ordinance and shall periodically review the Zoning Ordinance to identify other provisions that could pose constraints on the development of housing for persons with disabilities and reduce or eliminate constraints through appropriate ordinance amendments. 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).
Housing Element Program EEE, Sloped Sites. The City shall amend Municipal Code Sections 18.20.120,
18.35.040, and 18.35.050, to remove constraints to the development of multifamily structures on the Morello Terraces and Paso Nogal sites. Specifically, the City shall revise development standards related to grading, building height, and density on these sites to ensure that maximum densities allowed under the multiple family high density residential (MRH) zone are achievable without necessitating a variance, conditional use permit, or discretionary action.
Transportation and Circulation Element Program D, LOS Standards. Amend the General Plan, Zoning Ordinance, Capital Improvement Program, or other relevant City plans and regulations as necessary to attain the LOS standards and establish VMT criteria.
City of Pleasant Hill
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12 Transportation and Circulation Element Program N, Bicycle and Pedestrian Design Standards. Prepare updated design standards and upgrades for bicycle and pedestrian facilities consistent with the Bicycle and Pedestrian Master Plan
PFS and Infrastructure Element Program G, Undergrounding Requirements. Prepare an amendment to the Zoning Ordinance that includes criteria for determining when the undergrounding of utilities is required.
Open Space and Parks Element Program A, Maintain Land Coverage Constraints. Ensure the Zoning Ordinance continues to require aesthetic and land coverage constraints on new land divisions in open space and undeveloped hillside areas.
Environment Element Program D, Water Conservation Ordinance. Review and update every five years, if necessary, the water-efficient landscape standards for consistency with State provisions.
Environment Element Program E, Development Standards. Review and update every five years, if necessary, the citywide design guidelines to include latest technologies for permeable surfaces, parking lot drainage, and other ways to reduce pollution in urban stormwater runoff.
Environment Element Program T, Electric Vehicle Parking Regulations. Revise and update the Municipal Code Parking regulations, as needed, to reflect current best practices for electric vehicle charging considering new state legislation banning combustion engine vehicle by 2035 2040 General Plan Program Environmental Impact Report
The City prepared a Program Environmental Impact Report (PEIR) for the 2040 General Plan to assess the potential significant environmental impacts that could result from implementation of the General Plan. The PEIR evaluated the existing environmental resources within and in the vicinity of the City, analyzed potential impacts on those resources due to the General Plan, and identified mitigation measures that could avoid or reduce the magnitude of those impacts. The PEIR has subsequently been used to evaluate the direct and indirect environmental effects of development under the General Plan (i.e., residential development, rezones, commercial structures, park sites, recreation facility development, and infrastructure improvements).
The 2040 General Plan Program EIR (PEIR) provided a comprehensive analysis of the potential environmental effects associated with implementation of the General Plan. This analysis evaluated impacts across a wide range of issue areas, including land use, housing, transportation and traffic, air quality and greenhouse gas emissions, noise, cultural resources, and natural resources. The results of this review are documented in detail in Section 3, Environmental Impact Analysis, of the General Plan PEIR.
The environmental topics analyzed in the PEIR correspond directly to the types of potential impacts typically associated with new development projects, including those that may be facilitated through adoption and implementation of the updated Zoning Ordinance and revised Zoning Map. The PEIR City of Pleasant Hill
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13 thoroughly evaluated these impacts, identified General Plan policies and programs that would mitigate or reduce adverse effects, and included additional mitigation measures where necessary. In eight instances, the PEIR concluded that significant and unavoidable impacts would remain even after mitigation; for these, the City adopted findings and Statements of Overriding Considerations as part of General Plan certification (see the Executive Summary section in the General Plan EIR). Consistent with CEQA’s tiering provisions, and with the stated purpose of the PEIR, the General Plan EIR serves as the primary environmental document for subsequent City actions undertaken to implement the General Plan, including the proposed Zoning Ordinance and Zoning Map amendments.
Relevant CEQA Considerations
Several provisions of the CEQA Guidelines are potentially relevant to the determination of the appropriate evaluation of potential environmental impacts of the Project. These provisions include:
Section 15162. Subsequent EIRs and Negative Declarations (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
A. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a).
City of Pleasant Hill
Zoning Ordinance Amendment and Revised Zoning Map
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14 Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.
(c) Once a project has been approved, the lead agency‘s role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted.
(d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed.
Section 15168(c)(2) Use [of a Program EIR] with Later Activities.
Later activities in the program must be examined in the light of the Program EIR to determine whether an additional environmental document must be prepared
(1) If a later activity would have effects that were not examined in the program EIR, a new Initial Study would need to be prepared leading to either an EIR or a Negative Declaration. That later analysis may tier from the Program EIR as provided in Section 15152.
(2) If the agency finds that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required. Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the program EIR
Section 15183. Projects Consistent with a General Plan, Community Plan, or Zoning.
CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies. In approving a project meeting the requirements of this section, a public agency shall limit…
(i) Where the prior EIR relied upon by the lead agency was prepared for a general plan or community plan that meets the requirements of this section, any rezoning action consistent with the general plan or community plan shall be treated as a project subject to this section…For purposes of this section, “consistent” means that the density of the proposed project is the same or less than the standard expressed for the involved parcel in the general plan, community plan or zoning action for which an EIR has been certified, and that the project complies with the density-related standards contained in that plan or zoning...
City of Pleasant Hill
Zoning Ordinance Amendment and Revised Zoning Map
Environmental Determination
15 Conclusion
The environmental impacts of the Zoning Ordinance Amendment and revised Zoning Map were analyzed in the certified 2040 General Plan Program EIR. As a result, no further CEQA review is required.
The Zoning Ordinance Amendment and revised Zoning Map are subsequent discretionary approvals for the project that was already evaluated in the 2040 General Plan PEIR, which included the Zoning Ordinance Amendments and revised Zoning Map. The potential environmental impacts of all the 2040 General Plan policies, as well as the implementation of those policies, were addressed in the 2040 General Plan PEIR and the required analyses contained therein (see Section 3 – Environmental Impact Analysis in the General Plan EIR and specifically Section 3.9 Land Use Planning, Population, and Housing, pages 3.9-1 to 5.9-22).
The proposed Project is consistent with the 2040 General Plan and directly implements Plan policies and programs. Pursuant to CEQA Guidelines Sections 15162 and 15168(c)(2), no additional environmental analysis is required because the Zoning Ordinance Amendment and revised Zoning Map are within the scope of the 2040 General Plan Program EIR. The Zoning Ordinance Amendment and revised Zoning Map are consistent with and implement the type of allowable land uses and overall planned densities and building intensities established by the General Plan Land Use Element and cover the same geographic area analyzed the 2040 General Plan Program EIR. Based on this analysis, the 2040 General Plan PEIR fully and adequately addresses the potential environmental impacts of the proposed Zoning Ordinance Amendment and revised Zoning Map.
There are no substantial changes proposed in the original project (the 2040 General Plan). This proposed Project serves as implementing 18 General Plan policies and 23 programs. No substantial changes will occur with respect to the circumstances under which the Project will be undertaken. Finally, no new information has become available that would indicate new or more severe impacts would occur as a result of the Project. In addition to, the amendment and rezoning is exempt per CEQA Guidelines Section 15378(b)(5), as the changes are administrative in nature and will not result in direct or indirect physical changes in the environment; Section 15061(b)(3) as CEQA applies only to projects which have the potential for causing a significant effect on the environment; and Government Code Section 21080.085(a) as it does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code.
Finally, in addition to, the amendment and rezoning are exempt per CEQA Guidelines Section 15183(i) because the densities included in the amendment and rezoning are the same or less than the land use standards included in the 2040 General Plan for which the 2040 General Plan PEIR was certified, and that the Zoning Ordinance Amendment and revised Zoning Map comply with the density-related standards contained in that plan. Furthermore, in compliance with CEQA Guidelines Section 15183(i), the City finds that there are no project-specific environmental effects resulting from implementation of the General Plan through the proposed zoning text amendments and rezonings were previously evaluated in the Environmental Impact Report (EIR) prepared for the General Plan. As documented in the Summary of Impacts and Mitigation Measures section of the certified EIR (see page ES-2), these effects have been adequately analyzed and either mitigated through adopted measures or determined City of Pleasant Hill
Zoning Ordinance Amendment and Revised Zoning Map
Environmental Determination
16 to be less than significant. As identified in Table ES-1: Summary of Environmental Impacts, Mitigation Measures, and Residual Impacts (pages ES-3 through ES-27 of the EIR), all applicable mitigation measures are in place and will continue to be implemented by the City throughout the lifespan of the General Plan.
Recommendation
It is recommended that the City Council find that:
1. The proposed Zoning Ordinance Amendment and revised Zoning Map is consistent with the 2040 General Plan;
2. The 2040 General Plan PEIR fully addresses the potential environmental impacts of the proposed Zoning Ordinance Amendment and revised Zoning Map, which were included in the scope of the proposed Project analyzed in the 2040 GP EIR, and all potentially significant environmental impacts can be mitigated to a less than significant level or are subject to overriding social or economic considerations;
3. No substantial changes are proposed as a part of the Project which will require major revisions of the 2040 General Plan PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
4. No substantial changes will occur with respect to the circumstances under which the Project is undertaken which will require major revisions of the 2040 General Plan PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
5. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the 2040 General Plan PEIR was certified as complete, that would show any of the following:
a. The Project would have one or more significant effects not discussed in the 2040 General Plan PEIR;
b. Significant effects previously examined would be substantially more severe than shown in the 2040 General Plan PEIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment measure or alternative; and
6. In addition to, the Zoning Ordinance Amendment and revised Zoning Map are exempt per CEQA Guidelines Section 15183(i) because the densities included in the Zoning Ordinance Amendment and revised Zoning Map are the same or less than the land use standards included in the 2040 General Plan for which the 2040 General Plan PEIR has been certified, and that the Zoning Ordinance Amendment and revised Zoning Map comply with the density-related standards contained in that plan. Furthermore, in compliance with CEQA Guidelines Section 15183(i), the City finds that there are no project-specific environmental effects resulting from implementation of the General Plan through the proposed zoning text amendments and City of Pleasant Hill
Zoning Ordinance Amendment and Revised Zoning Map
Environmental Determination
17 rezonings were previously evaluated in the Environmental Impact Report (EIR) prepared for the General Plan. As documented in the Summary of Impacts and Mitigation Measures section of the certified EIR (see page ES-2), these effects have been adequately analyzed and either mitigated through adopted measures or determined to be less than significant. As identified in Table ES-1: Summary of Environmental Impacts, Mitigation Measures, and Residual Impacts (pages ES-3 through ES-27 of the EIR), all applicable mitigation measures are in place and will continue to be implemented by the City throughout the lifespan of the General Plan.
7. No further environmental analysis for the Zoning Ordinance amendments and Zoning Map revision is required, as they were analyzed in the 2040 General Plan PEIR, and approval of the same implements the project that was analyzed in the 2040 General Plan PEIR.