PREPARED BY: GRIFFEN DEMPSEY DATE OF MEETING: 11/17/2025
SUBJECT:
TITLE
CONSIDER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING THE SAN PABLO MUNICIPAL CODE (TITLE 17 - ZONING ORDINANCE) CHAPTER 17.26, ESTABLISHMENT OF ZONING DISTRICTS; CHAPTER 17.32, RESIDENTIAL DISTRICTS, ALLOWED USES, AND DEVELOPMENT STANDARDS; CHAPTER 17.34, COMMERCIAL AND INDUSTRIAL DISTRICTS, ALLOWED USES, AND DEVELOPMENT STANDARDS; CHAPTER 17.38, OVERLAY AND SPECIAL DISTRICTS; CHAPTER 17.54, PARKING AND LOADING; CHAPTER 17.60, SPECIAL RESIDENTIAL USES; CHAPTER 17.62, SPECIAL NONRESIDENTIAL USES; CHAPTER 17.68, UNIVERSAL TERMS; AND CHAPTER 17.70, USE CLASSIFICATION DESCRIPTIONS, TO IMPLEMENT THIRTEEN PROGRAMS OF THE HOUSING ACTION PLAN OF THE SAN PABLO 2023-31 HOUSING ELEMENT; IMPLEMENT THE LAND USE DESIGNATIONS OF THE GENERAL PLAN UPDATE 2035; AND UPDATE THE ACCESSORY DWELLING UNIT DEED RESTRICTION PROVISIONS
CEQA: These amendments to the San Pablo Zoning Code implement the adopted Housing Element and were previously evaluated in the Addenda to the 2030 General Plan EIR (certified on April 18, 2011) prepared for the Housing Element, Environmental Justice Element and Amendments to the Health and Safety & Noise Elements (adopted on March 18, 2024) and on the General Plan Update 2035 (adopted on July 7, 2025), which found that there would not be any new or additional significant environmental impacts due to adoption of the Housing Element. Further, the amendments would implement programs from the 2023-31 Housing Element and would implement the land use designations identified in the General Plan Update 2035, so they are exempt from CEQA pursuant to Public Resources Code Section 21080.085 which states that CEQA does not apply to rezonings that implement the schedule of actions contained in an approved housing element. Finally, modifications to the accessory dwelling unit portion of the Zoning Code are statutorily exempt from CEQA, pursuant to Public Resources Code Section 21080.17, which exempts the adoption of ADU ordinances.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Conduct public hearing; waive first reading; introduce Ordinance
Body
Compliance statements
FY 2025-2027 Council Priority Workplan Compliance Statement
Updating the Zoning Ordinance to implement the Housing Action Plan of the 2023-31 Housing Element, implement land use changes and new land use designations set forth in the San Pablo General Plan 2035 update, and further align the ADU ordinance with state law would help to promote the City Council Major Policy Goal of Expand Housing Options, Priority 301, Update/Certify the General Plan and Housing Element, 301.1 Increase Housing Production Through Zoning (Via the General Plan Update and Rumrill Corridor Plan Process in 2025) and 301.1.3, Promote Housing Production to Meet RHNA Requirements; and Priority 309, Support Implementation of the Certified Housing Element Update.
CEQA Compliance Statement: An Environmental Impact Report for the City’s General Plan 2030 (EIR) was prepared and adopted in 2011. On March 18, 2024, in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15164, the City of San Pablo adopted an Addendum to the EIR analyzing potential environmental impacts associated with implementation of the San Pablo 2023-2031 Housing Element. The City of San Pablo further adopted another Addendum to the General Plan 2030 EIR on July 7, 2025, which analyzed potential environmental impacts associated with implementation of the San Pablo General Plan 2035 Update, including the proposed land use changes. These Addenda confirmed that the proposed Zoning Code changes associated with adoption and implementation of the new Housing Element and General Plan Update would not result in any additional or more significant environmental impacts and no further environmental analysis is required.
The text amendments also include minor modifications to the Accessory Dwelling Unit ordinance. These modifications are statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, which exempts the adoption of accessory dwelling unit ordinances.
Additionally, the proposed amendments are exempt from CEQA pursuant to Public Resources Code Section 21080.085 which states that CEQA does not apply to rezonings that implement the schedule of actions contained in an approved housing element. Any projects implicating the proposed amendments would be evaluated for CEQA through the City’s regular application and environmental review processes.
PUBLIC HEARING NOTICE
A Public Hearing Notice was published in the West County Times (West Contra Costa edition of the East Bay Times) newspaper on Tuesday, October 28, 2025.
BACKGROUND
The proposed Ordinance would implement 13 of the 56 programs identified under the Housing Action Plan of the San Pablo 2023-31 Housing Element and would further implement land use changes established in the General Plan Update 2035.
The 2023-2031 Housing Element -- a state-mandated component of the General Plan which must be updated every eight years -- was adopted by the San Pablo City Council on March 18, 2024, by Resolution 2024-041 and subsequently certified by the California Department of Housing and Community Development (HCD) on May 20, 2024. The document contains goals, updated information on housing and demographics in the city, and strategic directions (including policies and implementing actions) that the City is committed to undertaking.
The strategic directions of the Housing Element are laid out in Chapter 4: Housing Action Plan. This section identifies the specific goals, policies and programs the City will undertake to achieve the long-term housing objectives of the Element. These goals include increasing the range of housing options, removing barriers and constraints to housing construction, improving the condition of existing housing, and providing equal access housing opportunities and services for all residents. The Housing Action Plan is broken down into six main goals, each of which includes a set of policies and programs. The programs lay out the specific actions that will be taken by the City to implement each goal and policy.
The proposed text amendments implement thirteen of the programs identified in the Housing Action Plan. These thirteen programs call for changes to the text of the Zoning Code and thus are being bundled together under the proposed “Amendments.” The programs that are being fully or partially implemented in the Amendments are as follows:
Program 1-D: Revise Multifamily Minimum Parcel Size.
Program 1-G: Reduced Parking Standards.
Program 1-H: Faith-Based Community Housing.
Program 1-I: Shopkeeper Housing.
Program 2-F: Mobile Home Parks.
Program 2-G: Single-Room Occupancy Hotels.
Program 3-B: Emergency Shelters.
Program 3-C: Employee Housing.
Program 3-D: Zoning for Residential Care Facilities.
Program 3-E: Transitional and Supportive Housing.
Program 3-J: Low-Barrier Navigation Centers.
Program 3-K: Density Bonus.
Program 3-M: Definition of Family.
Full descriptions of each of the relevant programs can be found in Attachment C: Housing Element Volume 1. It should be noted that progress on Housing Element programs is a required feature of the City’s annual progress report on its Regional Housing Needs Allocation (RHNA) progress that is required for submission to HCD each year and is being monitored for compliance by HDC and the Attorney General’s office.
The proposed Amendments would also further implement new land use designations established in the General Plan Update 2035. These changes are a continuation of the text changes established in Ordinance 2025-002, adopted on August 4, 2025, which established changes to the Zoning Code, Zoning Map, and San Pablo Avenue Specific Plan land use map in order to implement new and altered land use designations in the updated General Plan.
Finally, the Amendments incorporate changes to the City’s Accessory Dwelling Unit (ADU) Ordinance to remove the deed restriction requirement for ADUs, as now required by state law. It should be noted that the deed restriction requirement remains for Junior ADUs, as allowable by state law. Additional minor changes are made to clarify that certain types of ADUs recognized under state law are exempt from front yard setback, parking, and building separation requirements. References to the California Government Code are amended to reflect recent renumbering of code sections. A summary of all changes is described below.
SUMMARY OF CHANGES
This is a City-initiated text amendment to Chapter 17.26, Section 17.26.030; Chapter 17.32, Sections 17.32.030, 17.32.040, and 17.32.050; and Chapter 17.34, Section 17.34.030; Chapter 17.38, Sections 17.38.010 and 17.38.040; Chapter 17.54, Sections 17.54.020, 17.54.030, and 17.54.050; Chapter 17.60, Sections 17.60.020, 17.60.060, 17.60.070, 17.60.080, 17.60.090, and 17.60.100; Chapter 17.62, Section 17.62.130; Chapter 17.68, Section 17.68.020; and Chapter 17.70, Sections 17.70.010 and 17.70.040 of the Municipal Code to implement thirteen programs included within the Housing Action Plan of the 2023-31 Housing Element and the land use designations of the General Plan Update 2035, as well as an update to comply with state ADU law. The Amendments include the following changes:
1. Chapter 17.26, Establishment of Zoning Districts.
a. Section 17.26.030, Establishment of Zoning Districts, Table 17.26-A-Base Districts is amended to include the three new zoning districts set forth in the General Plan Update 2035: the PD - Planned Development district; the MUCW - Mixed-Use Center West district; and the EMU - Employment Mixed-Use district.
b. Section 17.26.030, Establishment of Zoning Districts, Table 17.26-B-Overlay Districts and Specific Plans is amended to remove reference to the 23rd Street Specific Plan, which was repealed as part of the adoption of the 2035 General Plan
2. Chapter 17.32, Residential Districts, Allowed Uses, and Development Standards.
a. Section 17.32.030, Uses Allowed, Table 17.32-A-Residential Districts: Use Regulations is amended to reflect changes to several use classifications and the inclusion of new use classifications. Community Care Facilities and Residential Care Facilities have been updated to reflect new category names, and Community Care Facilities, Large is amended to be allowed by-right in all residential zones. Shopkeeper Housing, and Low-Barrier Navigation Centers are added as new use classes and are not permitted in R-1 through R-4 and are permitted by right in the RMU and PD zones. Employee Housing, 6 or Fewer is added as a new use allowed by right in all residential zones except for PD, where it is not allowed, and Employee Housing, 7+ is introduced as a new use that is allowed with a use permit in RMU but is not allowed in any other residential zones. These changes help to implement Housing Action Plan (HAP) Programs 1-I, 3-C, 3-D, and 3-J.
b. Section 17.32.040, Development Standards, is amended to update the minimum parcel dimensions in the R-2, R-3, R-4, and RMU zones, implementing HAP Program 1-D. The new minimum parcel dimensions are as follows:
|
Table 17.32-B-Residential Districts: Development Standards |
|
Land Use/Zoning District |
R-1 (and Substandard Parcels in R-2, R-3, and R-4 Districts)1 |
R-2 |
R-3 |
R-4 |
RMU |
|
Parcel Dimensions1 |
|
Parcel Area, min |
|
Interior Parcels |
5,000 sf |
76,000 sf |
10,0007,500 sf |
10,0007,500 sf |
10,0007,500 sf |
|
Corner Parcels |
6,000 sf |
76,000 sf |
10,0007,500 sf |
10,0007,500 sf |
10,0007,500 sf |
|
Parcel Frontage, min |
|
Interior Parcels |
50 feet |
760 feet |
10075 feet |
10075 feet |
10075 feet |
|
Corner Parcels |
60 feet |
760 feet |
10075 feet |
10075 feet |
10075 feet |
c. Section 17.32.050, R-1 Districts and Substandard Parcels, is amended to extend provisions for substandard lots in the R-3 and R-4 zones to also apply to the RMU zone, implement HAP program 1-D.
Chapter 17.34, Commercial and Industrial Districts, Allowed Uses, and Development Standards.
Section 17.34.030, Uses Allowed, Table 17.34-A-Commercial and Industrial Districts: Use Regulations is amended to reflect changes to several use categories and the addition of several additional use categories. Community Care Facilities and Residential Care Facilities are updated to reflect new category names. Employee Housing, 6 or Fewer, has been added as a use and is allowed by right in the CMU, EMU, and MUCW zones. Employee Housing, 7+, is introduced as a new use and is allowed subject to a use permit in all commercial and industrial zones except MUCW, where it is not allowed. Shopkeeper Housing and Low-Barrier Navigation Centers have been added as use categories and are allowed by-right in all commercial and industrial zones. Transitional Housing and Supportive Housing have been amended to be allowed by-right in all commercial and industrial zones, whereas before they were prohibited in NC, CR, CMU, and IMU. These changes help to implement HAP Programs 1-I, 3-B, 3-C, 3-D, 3-E, and 3-J.
3. Chapter 17.38, Overlay and Special Districts.
a. Section 17.38.010, Purpose, is amended to remove reference to the 23rd Street Specific Plan, consistent with the General Plan 2035 adoption.
b. Section 17.38.040, Priority Development Area (PDA overlay district (D2) is amended to remove reference to the 23rd Street Specific Plan, consistent with the General Plan 2035 adoption.
4. Chapter 17.54, Parking and Loading.
a. Section 17.54.020, Residential Off-Street Parking Requirements, is amended to reflect parking reductions for single-family, two-family, and multifamily units. Single-family and two-family units are reduced from needing two covered spaces per unit to two spaces, at least one of which must be covered. Administrative permit requirements for tandem parking are removed, and different standards for substandard lots are consolidated with the standards for lots 50 feet in width or greater. Parking standards for multi-family dwelling units have been revised, removing the former requirement of two covered spaces per unit and introducing a new standard based on the number of bedrooms, with two spaces required for units with two or more bedrooms and one space required for studio and one-bedroom units, with the requirement that at least one space per unit be covered. This amendment implements HAP Program 1-G.
Residential Care Facilities and Community Care Facilities are renamed to reflect the new naming conventions, and parking standards for each use have been reduced to 1 space per 4 beds, from 1 space per employee plus two covered spaces. Parking standards are introduced for three new uses: Employee Housing, Shopkeeper Housing, and Low-Barrier Navigation Centers. These changes help to implement HAP Programs 1-I, 3-D, 3-E, and 3-J.
b. Section 17.54.020, Nonresidential Parking Requirements, is amended to move Community Care Facilities (now referred to as Community Care Facilities, Large) to the Residential Off-Street Parking Requirements section. This amendment helps to implement HAP Program 3-D.
c. Section 17.54.050, Parking Waivers and Reductions, is amended to include additional parking reductions. Mixed-use projects that include housing and projects that implement specific transportation demand management programs would be eligible for an additional 10% parking reduction, and housing projects on properties owned by places of worship are also specified as eligible for reduced parking standards, in accordance with state law. This amendment implements HAP Programs 1-G and 1-H.
5. Chapter 17.60, Special Residential Uses.
a. Section 17.60.020, Density Bonus and Other Incentives, is rewritten to be consistent with the most current State Density Bonus law, as well as identifying additional incentives for Density Bonus projects beyond what is called for by the State, and consistent with the incentives previously offered by San Pablo. This section was modeled on a Density Bonus Ordinance Template prepared by the Association of Bay Area Governments for use by local jurisdictions in complying with State Density Bonus Law. <https://abag.ca.gov/technical-assistance/density-bonus-model-ordinance-program-guidelines>
These changes implement HAP Program 3-K.
b. Section 17.60.060, Mobile Home Parks, is updated to reflect current state law and to encourage maintenance of existing mobile home parks. It implements HAP Program 2-F.
c. Section 17.60.070, Accessory Dwelling Units, is amended to note that ADUs are allowed in the three newly established zoning districts, and to remove reference to the 23rd Street Specific Plan. These changes are consistent with state ADU law and with the General Plan 2035 adoption. This section is further amended to remove reference to deed restrictions for ADUs, although these remain for Junior ADUs, consistent with state ADU law. Additionally, changes are made to clarify that certain types of ADUs recognized under state law are exempt from front yard setback, parking, and building separation requirements. References to the California Government Code are amended to reflect recent renumbering of code sections.
d. Section 17.60.080, Emergency Shelters, is modified to remove a 500-foot buffer requirement between emergency shelters. This amendment implements HAP Program 3-B.
e. Section 17.60.090, Single-Room Occupancy (SRO), is amended to modify the occupancy requirements for SRO units so that up to two people may occupy a unit, where before occupancy was limited to a single person. This amendment implements HAP Program 2-G.
f. Section 17.60.100, Low-Barrier Navigation Centers, is added to Chapter 17.60, laying out definitions and standards for this new use type, in compliance with state law and in implementation of HAP Program 3-J.
6. Chapter 17.62, Special Nonresidential Uses.
a. Section 17.62.130, Regulation of Cannabis Activity is amended to note that cannabis retail businesses are allowed in the newly established EMU and MUCW zoning districts, and to remove reference to the 23rd Street Specific Plan. This amendment is consistent with the General Plan 2035 adoption.
7. Chapter 17.68, Universal Terms.
a. Section 17.68.020, Universal Definitions, is amended to update the definitions of Family and Single Household Unit. The amended definitions better reflect modern definitions of the terms and are designed to avoid excluding certain types of non-traditional housing arrangements, such as group homes for people with disabilities. This amendment implements HAP Program 3-M. The new definition of “family” reads as follows:
One or more individuals, related or unrelated, occupying a dwelling unit and living as a single household unit.
“Single Household Unit” is redefined as follows:
One or more individuals jointly occupying a single dwelling unit, in a living arrangement that may include shared facilities, resources, and living expenses, such as rent or mortgage payments, food costs, and utilities.
8. Chapter 17.70, Use Classification Descriptions.
a. Section 17.70.010, Residential Use Classes, is amended to reflect the alteration and addition of several use classes. Community Care Facilities and Residential Care Facilities are renamed Community Care Facilities, Large and Community Care Facilities, Small, respectively. New use class descriptions for Low-Barrier Navigation Centers, Shopkeeper Housing, Employee Housing, 6 or Fewer, and Employee Housing, 7+ are added. This amendment helps to implement HAP Programs 1-I, 3-C, 3-D, and 3-J.
b. Section 17.70.040, Retail, Service, and Office Use Classes is amended to remove reference to the 23rd Street Specific Plan under the Specialty Food Retail and Specialty Goods Retail use classes. This amendment is consistent with the General Plan 2035 adoption.
GENERAL PLAN COMPLIANCE
The proposed ordinance is consistent with the following General Plan policies:
LU-G-1: Promote a sustainable, balanced land use pattern that responds to existing and future needs of the City, as well as physical constraints.
LU-G-2: Ensure planned land uses are compatible with existing uses and provide for appropriate transitions or buffers for new uses, as needed.
LU-I-3: Ensure that land use development occurs in an orderly fashion and in pace with the expansion of public services and utilities.
LU-G-5: Promote a variety of housing types and prices within neighborhoods to serve the needs of all economic segments of the community.
LU-I-21: Support residential infill on vacant and underused lots within existing neighborhoods.
The proposed ordinance is also consistent with the following Housing Element goals and policies:
Housing Element Goal #1: Increase housing supply and facilitate production of at least 800 new homes by 2031.
Housing Element Policy 1-3: Identify and work to reduce or remove regulatory and process-related barriers to housing development in San Pablo.
Housing Element Policy 1-5: Continue to encourage the provision of a variety of housing choices and types in the community, including innovative forms of housing.
Housing Element Goal #2: Take action to address affordability and housing security for all income groups and family types in San Pablo.
Housing Element Goal #3: Equal housing opportunity for all residents of San Pablo, regardless of race, religion, sex, marital status, ancestry, national origin, color, or ability.
Housing Element Policy 3-4: Special Needs Housing. Continue to promote housing developments that meet the needs of senior citizens, disabled, homeless, large families, and female-headed households.
The proposed Ordinance would implement policies and programs of the 2023-31 Housing Element, helping to promote increased housing development across all levels of affordability and expand the range of housing options available in San Pablo. Portions of the ordinance would address issues such as removing barriers to expanding housing supply, incentivizing new construction, providing creative housing types, promoting housing for homeless and disabled individuals, and more. In addition, the Ordinance would directly serve to implement or to help implement several of the Housing Action Plan programs identified in the Housing Element.
ZONING ORDINANCE COMPLIANCE:
By updating the Zoning Ordinance to reflect pending changes to the General Plan, the proposed amendments are consistent with the purposes of the Zoning Ordinance:
Pursuant to Zoning Ordinance Section 17.01.020, “Purpose,” the purpose of the ordinance is to promote growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort, and general welfare in conformance with the general plan.
The proposed amendment helps to implement the policies and programs of the 2023-31 Housing Element, which help the City meet its goals to provide adequate housing for all. The proposed amendments would ensure that a range of new types of housing could be built in an orderly and effective manner.
PLANNING COMMISSION RECOMMENDATION
The San Pablo Planning Commission held a duly noticed public hearing on the proposed amendments at its regular meeting on October 28, 2025, and approved PC25-15, by a vote of 4 ayes and 1 absent, recommending adoption of the proposed Ordinance by the City Council.
CONCLUSION
Staff recommends that the City Council review the proposed zoning ordinance amendment, take public testimony, and introduce the attached ordinance amending the Zoning Ordinance (Title 17) Chapter 17.26, Section 17.26.030; Chapter 17.32, Sections 17.32.030, 17.32.040, and 17.32.050; and Chapter 17.34, Section 17.34.030; Chapter 17.38, Sections 17.38.010 and 17.38.040; Chapter 17.54, Sections 17.54.020, 17.54.030, and 17.54.050; Chapter 17.60, Sections 17.60.020, 17.60.060, 17.60.070, 17.60.080, 17.60.090, and 17.60.100; Chapter 17.62, Section 17.62.130; Chapter 17.68, Section 17.68.020; and Chapter 17.70, Sections 17.70.010 and 17.70.040 of the Municipal Code, implementing thirteen programs included within the Housing Action Plan of the 2023-31 Housing Element and the land use designations of the General Plan Update 2035, as well as an update to comply with state ADU law.
The Proposed City Council Ordinance (Attachment A) incorporates the recommended amendments to the Zoning Ordinance.
FISCAL IMPACT
The proposed Ordinance would not have an immediate direct fiscal impact upon the City but does address issues such as removing barriers to expanding housing supply, incentivizing new construction, and providing creative housing types. This action could benefit the City in terms of increasing future property tax revenue.
ATTACHMENTS
A. Proposed City Council ordinance
B. Resolution PC25-15 recommending approval of the Zoning Ordinance Text Amendment to the City Council.
C. San Pablo 2023-31 Housing Element, Volume 1
D. Proof of Publication