PREPARED BY: GRIFFEN DEMPSEY DATE OF MEETING: 09/01/2026
SUBJECT:
TITLE
PLANNING COMMISSION STUDY SESSION REGARDING PROPOSED AMENDMENTS TO 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 MISCELLANEOUS 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 and provide direction to staff. 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 to the City Council to adopt the amendments. The set of text amendments to be discussed is the second such batch to be brought forward under this process. The first batch included amendments relating to streamlining administrative and discretionary reviews and processes, 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, implementing goals and policies within the adopted General Plan and Housing Element, creating consistency with the City Council’s priority workplan, and encouraging future development by streamlining processes and facilitating efficiency.
DISCUSSION
The second batch of proposed amendments are adjustments to administrative processes and development standards, as well as additions to the zoning code for Outdoor Lighting and Universal Design. These changes will ensure compliance with state law, introduce minor, administrative, technical, and clerical updates, provide consistency across code sections, and reflect and implement best practice. The proposed amendments include the following:
1. Minor Adjustments - Section 17.18.070
This section regulates small reductions/increases in development standards to “allow creative design solutions and to accommodate unique site conditions.” Issues include that the section allows for adjustments for fences, which creates potential neighbor issues and does not meet the intent of entitlement; poorly structured setback adjustments that do not adequately address the different nature of front, side, and rear setbacks; and problematic findings that make it difficult to objectively evaluate applications for minor adjustments. A number of changes are proposed for the Minor Adjustment section of the zoning code. These include:
• Removing adjustments for fences
• Differentiating allowable adjustments for different setback types
• Minor clerical changes
• Clarifying and streamlining the findings for Minor Adjustments, as shown below:
EXISTING FINDINGS:
1. The proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries.
2. The proposed development is compatible with existing and proposed land uses in the surrounding area.
3. Any exceptions to or deviations from the density, requirements, or design standards result in the creation of project amenities that would not be available through strict adherence to code provisions (e.g., additional open space, protection of natural resources, improved pedestrian connectivity, public plazas). All minor adjustments shall be consistent with density bonus provisions outlined in Section 17.60.020, Density bonus and other incentives.
4. Granting the minor adjustment will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the premises in question.
5. The minor adjustment is consistent with the general plan or any applicable specific plan or development agreement.
6. The exception is the minimum required in that it allows the specified improvement or development to occur, but does not provide additional development rights.
7. “Findings. In order to grant any use permit, the findings of the planning commission shall be that the establishment, maintenance, or operation of the use of the building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.”
PROPOSED FINDINGS:
1. The proposed reduction serves to address a unique site condition or design problem.
2. The proposed design serves its intended use or purpose.
3. The exception is the minimum required in that it allows the specified improvement or development to occur, but does not provide additional development rights beyond necessary to implement the project.
2. Fences, Walls, Gates, and Screening - Section 17.45
This section sets regulations for height, location, materials, and other standards relating to fences and other barriers. Issues include a lack of clarity regarding measurement, unnecessary “administrative approval” requirements, certain height standards are too low, overly restrictive utility screening requirements, and minor clerical/consistency issues. These issues add up to a fence ordinance that is conflicting, mismatched to the reality of San Pablo, and difficult to interpret, implement, and enforce. Proposed amendments include:
• Removing administrative approvals for residential fencing.
• Changing how fences are measured when located on top of landscape/retaining walls. New rules specify that height is to be measured from the midpoint of the wall, and that such measurements shall apply to fences within 2 feet of the top of the wall.
• Clarifying wood latticework requirements to provide for a minimum transparency and allowing for other materials. Administrative approval requirements for latticework are removed.
• Increasing residential height limits as follows:
o Front yard fence heights are increased from 3 feet to 4 feet, so long as the top foot is built to a minimum of 50% transparency.
o Interior side and rear yard fence heights are increased from 6 feet to 7 feet.
• Increasing nonresidential height limits for interior side and rear yard fences from 6 feet to 7 feet.
• Adjustments to materials, screening, and nonresidential standards.
• Minor clerical and technical fixes.
3. Residential Development Standards- Section 17.32
This section sets regulations for the development of properties in residential zones. Issues with this section largely relate to the fact that these standards were written for a suburban greenfield development pattern that no longer exists in San Pablo. As the city is now fully built out, some standards no longer align with current site conditions or the community’s development goals reflected in the General Plan. Other problems include inconsistency between standards, unnecessary and redundant regulations, and standards that are inconsistent with the City’s pro-housing stance. Cleaning up these regulations will streamline the standards guiding property owner maintenance and reinvestment in the City’s existing housing stock. Proposed amendments include the following:
• Minimum parcel size is reduced to 3,000 sf in all zones, with minimum parcel frontage reduced to 30 ft. Corner parcels are no longer held to different standards than interior parcels.
• Density maximum is removed in the R-1 zone.
• Second-story side setback requirements in the R-1 and R-2 zones are removed. First-floor side setbacks are reduced from 4 feet to 3 feet.
• Height limits in the R-3, R-4, RMU, and PD zones are altered so that there are no longer separate height maximums between the eave and the roof peak. Height limit in the RMU zone is increased from 50 to 75 feet.
• Maximum story requirements are removed.
• Minimum parcel sizes now only affect the creation of new parcels, eliminating separate standards for “substandard” parcels.
• CUP requirement for second stories on single-family homes on narrow lots is removed.
• Lower height limits for high-density districts near low-density districts are removed.
• Flat roofs are no longer prohibited.
• Several extraneous footnotes are removed.
• Minor clerical and technical fixes.
4. Home Occupations and Cottage Food Operations- Sections 17.60.30 and 17.62.060
The proposed amendments to this section are primarily to align with state law. This section sets regulations for commercial and office uses within and accessory to residential dwellings, with the intent to allow for certain home-based businesses while ensuring that such businesses do not negatively impact the overall quality and character of the surrounding residential neighborhood. Issues include overly restrictive limitations on employees of home occupation businesses, and the misplacement of the Cottage Food operation section within the zoning code. Proposed amendments include:
• Allowing home occupation businesses to have up to one employee on-site who is not a member of the family residing on the premises.
• Clarifying that there is no limit to the number of off-premise employees who may be engaged in a home occupation business.
• Moving the Cottage Food Operation section from Chapter 17.62, Special Nonresidential Uses, to Chapter 17.60, Special Residential Uses.
5. Outdoor Lighting Standards- Section 17.56
This section currently sets regulations for parking lot lighting. There are currently no regulations on outdoor lighting outside of parking lots, presenting issues with regulating nuisance lighting and ensuring that the City can appropriately balance safety and security needs for lighting with the desire to preserve dark skies and ensure that light trespass and glare have negligible impact on surrounding property and roadways. Proposed amendments include:
• Repealing and replacing the existing parking lot lighting section with a section that contains similar and enhanced standards applying to all lighting citywide.
• Certain exemptions are provided.
• Standards for specific lighting scenarios are detailed.
• General standards allow for prevention of nuisance lighting and preservation of dark skies.
6. Universal Design Ordinance- New Proposed Section
To promote equitable housing options per the Housing Element, this is a proposed new section of the ordinance that would set standards for residential construction that align with the practices of Universal Design, which ensure that housing is accessible to people of all ages and abilities, helping promote equal housing for people with mobility issues and ensuring that residents can age in place within their own homes. The proposed ordinance would be applicable to new residential developments with 4 or more units, with certain exemptions for small-footprint townhouses and small mixed-use developments. Provisions of the ordinance include:
• Requirements for accessible bathrooms, common areas, and kitchens.
• Accessible paths of travel to common open spaces.
• Stairways that are adaptable for chair lifts.
• Blocking within walls of bathrooms to support handrails being added.
7. Plan Check/Zoning Clearance and Administrative Approvals- Section 17.18.020
This section establishes procedures for land use permits and entitlements that are decided administratively by City staff. Issues include lack of clarity around procedures, and conflicting language throughout the code, including interchangeable use of “plan check/zoning clearance” and “administrative approval.” Proposed amendments include:
• Adding “Administrative Approvals” to the title of the section.
• Clarifying the purpose of the section.
• Clarifying the review process, allowing the Zoning Administrator to establish the forms, submittal requirements, and administrative procedures.
CONCLUSION
The proposed text amendments cover a wide range of topics within the Zoning Code, and serve to 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.