ATTACHMENT B RESOLUTIONNO. - 19

ATTACHMENT B

RESOLUTIONNO. - 19

AN RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANT HILL RECOMMENDING THAT THE CITY COUNCIL AMEND PLEASANT HILL MUNICIPAL CODE SECTION 18.15.020 USE CLASSIFICATIONS, SECTION 18.20.020 LAND USE REGULATIONS FOR ALL RESIDENTIAL ZONING DISTRICTS, SECTION 18.20.050 ACCESSORY STRUCTURES, CHAPTER 18.30 RELATED TO PLANNED UNIT

DEVELOPMENT DISTRICTS, CHAPTER 18.55 RELATED TO OFF-STREET PARKING AND LOADING PROVISIONS, CHAPTER 18.125 RELATED TO LIMITATIONS ON RESIDENTIAL REZONING AND REPEALING SECTION 18.20.080 RELATED TO LARGE

FAMILY DAY CARE HOMES IN ITS ENTIRETY AND REPLACING SECTION 18.20.095 & 18.20.100 RELATED TO JUNIOR ACCESSORY DWELLING UNITS AND ACCESSORY

DWELLING UNITS

WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are proposed to amend provisions related to Accessory Dwelling Units, Large Family Day Care Homes, Planned Unit Development Districts, off-street parking and loading provisions and zoning ordinance amendments related to residential rezoning; and

WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and

WHEREAS, in 2019, the California Legislature approved, and the Governor signed into law a number of bills ("New ADU Laws") that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and .

WHEREAS, the New ADU Laws take effect January 1, 2020, and if the City's ADU ordinance does not comply with the New ADU Laws, the City's ordinance becomes null and void on that date as a matter of law; and

WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections

65852.2 and 65852.22; and

WHEREAS, failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) as of January 1, 2020 renders the City's ordinance regulating ADUs and JADUs null and void, thereby limiting the City to the application of the few default standards provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

WHEREAS, staff and the City Attorney prepared the proposed ordinance, including the proposed language and terminology, and any additional information and documents deemed necessary for the Planning Commission to take action; and

WHEREAS, the City wishes to clarify and streamline various sections of the zoning code that have been known to create confusion and questions to its applicability; and

WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance amendments was noticed for December 10, 2019 where all interested persons might appear and be heard.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the City Council approve the exemptions from CEQA and adopt the attached zoning ordinance (Attachment A of the December 10, 2019 Planning Commission Staff Report) based on the following findings:

CEOA Finding

The Planning Commission hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment as the proposed activity ( ordinance amendment) is exempt as it will not have a significant effect on the environment as it does not directly approve any physical development. The adoption of this ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15 061 (b )(3) of Title 14 of the California Code of Regulations.

Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as ·defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State's ADU law.

In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of appurtenant accessory structures and garages as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the conversion of existing structures into, and the new construction of, ADUs and JADUs, which are, by definition, structures that are accessory to a primary dwelling on the lot. Moreover, the Planning Commission finds that none of the "exceptions" to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the Planning Commission finds that the ordinance will:

-(1) Not result in the construction of ADUs or JADUs within a particularly sensitive environment because these accessory structures will necessarily be built on a lot already developed with a primary dwelling;

(2) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway as the ordinance does not allow modifications to historic buildings or other similar resources and will not allow construction of ADU' s or JADU' s adjacent to a state scenic highway;

(3) Not be located on a hazardous waste site included on any list compiled pursuant to§ 65962.5 of the Government Code as no property zoned residential is located on a hazardous waste site; or

Zoning Code Amendment Findings

1. The new ordinance section shall be consistent with the policies of the General Plan; a. Community Development Policy 2A - Encourage uses needed by community at

appropriate locations.

Allowing large family day care homes in the same manner as small family day care homes will allow a streamlined process that allow additional day care opportunities throughout the City. In addition, the streamlined process for Accessory Dwelling Units will provide for additional housing opportunities throughout the City.

b. Community Development Goal 3 - Generate thriving, attractive and cohesive development at vacant or underutilized sites.

The proposed amendment would further allow development of ADU' s on lots that can accommodate the units and reducing the size for PUD designation would allow additional properties to potentially redevelop into site that would be more attractive and thriving due to additional flexibility of PUD's.

c. Economic Strategy Policy 2D - Facilitate reuse of underutilized parcels when appropriate.

Reducing the size for PUD designation could help to facilitate the reuse of

additional properties that could benefit from the ability to have a PUD designation that could allow more flexible development provisions for the site.

d. Growth Management Policy 1 B - Support infill redevelopment in existing urban areas and around key transit facilities and Policy 1 C - Strive to ensure the availability of affordable housing

The proposed ordinance would better encourage infill development for ADU's within existing developed parcels, many that are within proximity to existing transit routes and ADU's tend to be more affordable, thus, providing more opportunities for affordable housing. In addition, revising the language for residential rezoning will support projects that could have increased density that

will support infill development and better ensure availability of more affordable housing options.

e. Housing Program 1. 4 - Continue to utilize Planned Unit Development zoning.

Allowing the PUD designation for smaller lots will support the use of PUD zoning.

f

adopted into the Zoning Ordinance do not pose an unreasonable constraint to achieving the City's housing objectives, the City will monitor development and report in its Annual Progress Reports required pursuant to Government Code Section 65400 and

if

Revising the provisions related to limitations on residential rezoning will allow the City to be in better compliance with State of California directives that encourage the creation of affordable housing.

g. Housing Goal 2 - Promote diversity in tenure, type, size, location and price to permit a choice of housing for persons of all economic levels and Housing Goal 3

- Increase housing opportunities for people of limited incomes

Revising the provisions related to limitations on residential rezoning may better encourage a variety of type, size and prices of housing opportunities. In addition, streamlining provisions for ADU' s would better promote a smaller type of housing product that has a lower prices and size than traditional single family residences.

2. The code amendment shall be consistent with the purpose of the Zoning Code which is to protect and promote the public health, safety and general welfare and implement the policies of the General Plan, more specifically:

a. Provide a precise guide for the physical development of the City to preserve the character and quality of the residential neighborhoods, foster convenient, harmonious and workable relationships among land uses and achieve the arrangement of land uses described in the General Plan.

The proposed amendment would not affect or conflict with the development of the City. The amendment would update City provisions related to recent State Law changes related to Accessory Dwelling Units (ADU's) and Large Family Day Care homes.

The proposed amendments related to parking provisions, Planning Unit Development District (P UD) size modifications would not significantly affect residential neighborhoods as the modifications are clarifications to existing provisions and a reduction in property size that would allow a P UD designation

and would still require additional City review for any project with a proposed PUD designation, which is the current process. None of the proposed

modifications would result in inconsistent relationships of land uses or change the arrangement of land uses as no modifications are proposed to change any

protections to land use types, otherwise required by recent State Law. b. Promote the economic stability of existing land uses.

The proposed amendment would not negativity of affect the economic stability of existing land uses, and may improve the stability of certain land uses, as the amendment would reduce the property size to allow PUD 's which could result in additional flexibility to allow redevelopment of certain sites to be attainable. The amendment related to large family day care homes may result in greater

opportunities for child care for residents of the community which will help to stabilize households that need child care options.

c. Prevent excessive population densities and overcrowding of land and buildings. The proposed code amendments would allow ADU's to be sited with greater flexibility than current provisions. However, the amendments are consistent with

State law and include provisions for certain sized ADU's that will protect overcrowding of land and buildings. Other amendments will clarify certain provisions in the code and not be significantly modified to allow increased

densities and overcrowding of land and buildings. An amendment will allow the reduction in property size to allow a P UD designation, however, this does not modify any density and development will be subject to additional review (as all PUD procedures currently require). Revising limitations on residential rezoning could result in higher densities on site, however, projects would still require review by the City, where provisions related to overcrowding can be reviewed to ensure the project is acceptable to the City.

d. Ensure the provision of adequate open space for light, air and fire safety. The proposed code amendments would allow ADU 's to be sited with greater flexibility than current provisions. However, the amendments are consistent with

State law and include provisions for certain sized ADU's that will protect open space for light, air and fire safety Other amendments will clarify certain provisions in the code and not be significantly modified to allow increased

densities and overcrowding, thus, continuing to not affect open space for light, air or fire safety. An amendment will allow the reduction in property size to allow a PUD designation, however, this does not modify any density and development will be subject to additional review (as all PUD procedures currently require).

Revising limitations on residential rezoning could result in higher densities on site, however, projects would still require review by the City, where the City would be able to ensure adequate open space for light, air and fire safety.

e. Ensure that service demands of new development will not exceed the capacities of existing streets, utilities or public services.

The proposed code amendment would not directly result in new development that would exceed the capacities of existing infrastructure as the proposal would not change any allowed densities, floor area ratio or lot coverage throughout the City. Revising limitations on residential rezoning could result in higher densities on sites, however, projects would still require review by the City, and will have to ensure demands will not exceed capacities, or provide improvements to address

this increased demand.

ADOPTED by the Planning Commission, City of Pleasant Hill, on the 1 oth day of

December, 2019, by the following vote: AYES:

NOES: ABSTAIN: ABSENT:

TROY FUJIMOTO, Secretary Planning Commission