PREPARED BY: GRIFFEN DEMPSEY DATE OF MEETING: 10/27/2026
SUBJECT:
TITLE
PLANNING COMMISSION STUDY SESSION REGARDING PROPOSED AMENDMENTS TO CHAPTER 17.34 OF TITLE 17 “ZONING” OF THE SAN PABLO MUNICIPAL CODE IN ORDER TO: COMPLY WITH STATE LAW, MAINTAIN CONSISTENCY ACROSS CODE SECTIONS, REFLECT CURRENT PRACTICE, IMPLEMENT BEST PRACTICE, AND MAKE OTHER MINOR, ADMINISTRATIVE, TECHNICAL, AND CLERICAL CHANGES
CEQA: This is not a project subject to environmental review under the California Environmental Quality Act.
Recommendation
For Informational Purposes Only
Body
BACKGROUND
Staff is working on a series of code “clean-up” text amendments to comply with state law, reflect current practice, implement best practice, and facilitate efficient, consistent, and clear interpretation and application of the Zoning Ordinance. Each batch will first be presented as a study session to the Planning Commission. This is an opportunity for the Commissioners to review and discuss the proposed draft changes with no action item. With feedback and direction by the Planning Commission from the study session, staff will then bring the final proposed text amendments back to a future Planning Commission meeting as a public hearing to consider a recommendation for City Council to adopt the amendments. The set of text amendments to be discussed is the third such batch to be brought forward under this process. The first and second batches included amendments intended to streamline administrative and discretionary reviews and processes, aligning zoning and development standards with state law and best practice, and making minor administrative, technical, and clerical changes to improve and streamline the planning process. The goal for “cleaning-up” and amending the Zoning Ordinance is to ensure that the City is proactively making necessary changes to reflect its Prohousing goals, implement goals and policies within the adopted General Plan and Housing Element, create consistency with the City Council’s priority workplan, and encourage future development by streamlining processes and facilitating efficiency.
DISCUSSION
The third batch of proposed amendments includes adjustments to regulations, allowed uses, and development standards in commercial zones, with a focus on Chapter 17.34 Commercial and Industrial District, Allowed Uses, and Development Standards of the Zoning Code. These changes will accomplish state law compliance, minor, administrative, technical, and clerical changes, consistency across code sections, and reflect and implement best practice. The proposed amendments include the following:
1. Commercial and Industrial Districts - Uses Allowed - Section 17.34.030
This section regulates the types of uses allowed in commercial zoning districts and establishes certain exceptions and special regulations. The current section conflicts with state law by requiring conditional use permits for certain residential uses, and it contains minor technical errors. Changes proposed include:
• Clarifying that uses marked as “A” on the use table require an Administrative Use Permit, not an Administrative Approval.
• Removing Conditional Use Permit (CUP) requirements for uses along streams and railroad lines, while maintaining standards.
• Allowing home daycare to be by-right in all zones, in conformance with State law.
• Allow home occupations to be by-right in all zones.
• Removing use permit requirement for multifamily residential use in the NC zone, , in conformance with State law.
• Modifying permit requirements for retail and office type uses so that they require a CUP or AUP in the Industrial Mixed Use (IMU) zone, in order to preserve the intent of the IMU designation for employment uses rather than uses of a general retail commercial nature.
• Minor clerical changes.
2. Development Standards - Section 17.34.040
This section sets standards for height, floor area ratio, lot size, and setbacks for development projects in commercial zones. Current standards conflict with development goals and state law by requiring that residential use only be allowed when commercial FAR is 0.5 or greater, and it contains minor clerical errors. Proposed changes include:
• Footnote requiring minimum of 0.5 commercial FAR to allow residential uses is struck, as this conflicts with State law.
• Minor clerical changes to the development standards table and footnotes.
3. Residential Uses - Section 17.34.050
This section sets regulations for residential uses in commercial and industrial zones, and it currently lacks clarity around what development standards apply. In particular, the floor-area ratio and density requirements are unclear or conflicting, and some requirements also conflict with State housing law. Proposed amendments include:
• Removing a section stating that either commercial or residential development standards may apply, as only the development standards of the zone where a project is located should apply to the project.
• Removing a requirement that residential and nonresidential uses “shall be determined to be compatible,” as this is subjective and conflicts with State housing law.
• Clarifying that density standards may be exceeded if permitted under a Specific Plan or Priority Development Area.
• Removing FAR limitation of 0.75 for mixed-use buildings, as this conflicts with other development standards.
• Minor clerical and technical fixes.
4. Noncommercial Uses - Section 17.34.060
This section sets regulations for noncommercial uses in noncommercial zones. The issue with this section is that the presumption against noncommercial uses and requirements for specific subjective findings conflict with State law regarding housing in commercial areas and objective design criteria. The section is proposed to be struck in its entirety because it is inconsistent with State law.
CONCLUSION
The proposed text amendments cover the portions of the Zoning Code that concern commercial districts, uses, and development standards, and particularly center around residential uses in commercial districts. The amendments serve to comply with State housing law, correct internal conflicts and inconsistencies, align the code with the current needs of the city, improve interpretation, implementation, and enforcement of the code, and make other minor administrative, technical, and clerical fixes. The purpose of this study session is for the Planning Commission to review and discuss proposed text amendments to the Zoning Ordinance. There is no action to be taken on this item. Staff will incorporate input from the Commissioners and bring a finalized text amendment proposal to a future Planning Commission meeting as a public hearing.
ATTACHMENTS
A. Proposed text amendments to Ch.17.34