PREPARED BY: LIBBY TYLER DATE OF MEETING: 01/27/2026
SUBJECT:
TITLE
AMENDMENT TO THE SAN PABLO ZONING CODE, SECTION 17.32.030.B, RESIDENTIAL USES ALLOWED, EXCEPTIONS; SECTION 17.34.030.B, COMMERCIAL AND INDUSTRIAL USES ALLOWED, EXCEPTIONS; SECTION 17.36.030.B, PUBLIC AND SEMI-PUBLIC DISTRICTS ALLOWED, EXCEPTIONS; AND SECTION 17.38.050, AIR QUALITY AND HEALTH RISK OVERLAY DISTRICT, OF THE MUNICIPAL CODE TO ALLOW FOR RESIDENTIAL DEVELOPMENT AND SENSITIVE USES, INCLUDING SCHOOLS, DAY CARE FACILITIES, HOSPITALS, AND PARKS OR PLAYGROUNDS TO BE LOCATED IN THE AIR QUALITY HEALTH RISK OVERLAY DISTRICT (D3) SUBJECT TO CERTAIN CONDITIONS.
CEQA: This amendment to the San Pablo Zoning Code was previously evaluated in the Addenda to the 2030 General Plan EIR (certified on April 18, 2011) prepared for 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 General Plan Update. This amendment is also exempt from CEQA pursuant to Pub. Res. Code section 21080.085 which states that CEQA does not apply to a rezoning that implements Housing Element actions. Finally, the ordinance is also categorically exempt from the provisions of CEQA, in accordance with Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no potential for causing a significant effect on the environment because it consists of minor changes to land use regulations that do not, on their own, impact the environment. Any projects proposed pursuant to the changes proposed would be separately evaluated for their environmental impacts.
Label
Location: Citywide
APN: Citywide
Zoning: Citywide
PLAN Number: PLAN2508-0005
Owner: Not Applicable
Applicant: City of San Pablo
Staff Contact: Libby Tyler, Community Development Director
Recommendation
Conduct public hearing; adopt Resolution
Body
STAFF RECOMMENDATION
Approve Resolution recommending City Council approval of PLAN2508-0005, Amendment to the San Pablo Zoning Code, Section 17.32.030.B, Residential Uses Allowed, Exceptions; Section 17.34.030.B, Commercial And Industrial Uses Allowed, Exceptions; Section 17.36.030.B, Public And Semi-Public Districts Allowed, Exceptions; and Section 17.38.050, Air Quality And Health Risk Overlay District, of the Municipal Code to allow for residential development and sensitive uses, including schools, day care facilities, hospitals, and parks or playgrounds to be Located in the Air Quality Health Risk Overlay District (D3). Residential uses would be allowed by right subject to compliance with specific objective criteria, including enhanced ventilation and reduced sound transmission, and sensitive uses would be subject to a Conditional Use Permit (unless the use is required by State Law to be permitted by right) and to meeting specific criteria, including enhanced ventilation, reduced sound transmission, and other conditional measures, such as landscape buffering, site design and orientation, and Transportation Demand Management (TDM) to reduce vehicle miles traveled.
PUBLIC HEARING NOTICE
A Public Hearing Notice for a Special Meeting held on December 9, 2025, was published in the West County Times (West Contra Costa edition of the East Bay Times) newspaper on Wednesday, November 19, 2025. At the December 9th meeting, the public hearing for this item was continued to the January 27, 2026 Planning Commission meeting.
ENVIRONMENTAL DOCUMENTATION
This amendment to the San Pablo Zoning Code was previously evaluated in the Addenda to the 2030 General Plan EIR (certified on April 18, 2011) prepared for 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 General Plan Update. This amendment is also exempt from CEQA pursuant to Pub. Res. Code section 21080.085 which states that CEQA does not apply to a rezoning that implements Housing Element Actions. Finally, the ordinance is also categorically exempt from the provisions of CEQA, in accordance with Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no potential for causing a significant effect on the environment because it consists of minor changes to land use regulations that do not, on their own, impact the environment. Any projects proposed pursuant to the changes proposed would be separately evaluated for their environmental impacts.
BACKGROUND
As part of a set of omnibus Zoning Ordinance amendments prepared to implement the 2030 General Plan, the City of San Pablo established an Air Quality Health Risk Overlay District in Chapter 17.38, Overlay and Special Districts, Section 17.38.050, by Ordinance 2015-002, adopted on May 4, 2015. The purpose of this Overlay District was to protect sensitive receptors from toxic air emissions, consistent with Bay Area Air Quality Management District (BAAQMD) guidelines, along the Interstate 80 corridor. The location of the zone extends five hundred feet from Interstate 80 on both sides of the freeway. According to Section 17.38.050, the following uses are not permitted in the district: residential development, parks and other open spaces, schools, childcare facilities, senior centers, hospitals and medical facilities. This section states that the City will also require new development to implement project-level mitigation measures to reduce any new use’s vulnerability to toxic air emissions from the freeway.
The current description of the overlay district has proved to be problematic for several reasons. First, it is overly broad in terms of the uses that are not permitted in the district, and it does not provide specific guidance as to appropriate project-level mitigation measures that can be incorporated into proposed projects. For example, much of the Overlay District is currently occupied by residential uses and open spaces, along with one elementary school (Riverside Elementary School). The prohibition of these use types precludes these existing uses to make improvements or to expand. Further, other communities that have Air Quality Overlay Districts do not have similar restrictions on use and instead those regulations are focused on lessening potential impacts of contaminants. Finally, the terminology used in the City’s current regulations (e.g., toxic air emissions) is not reflective of current contaminant concerns and designations or listings of sensitive use types recognized by BAAQMD.
City staff began studying amendments to this Overlay District in 2018 and previously held a study session with the Planning Commission on the topic on October 23, 2018. Following adoption of the General Plan Update 2035 in July of 2025 (by City Council Resolution 2025-097), staff completed the preparation of the amendment in conformance with the updated General Plan as an implementation measure for policies contained in the Housing and Open Space and Conservation Elements.
During preparation of the General Plan Update 2035, staff met with representatives from BAAQMD to review the proposed Overlay District amendment language to confirm that the City would be incorporating best practices of the district and other jurisdictions that have similar overlays, including Contra Costa County, and the cities of Oakland and San Francisco.
SUMMARY OF CHANGES
This is a City-initiated text amendment to the San Pablo Zoning Code to add Sensitive Uses to the Exceptions for Use Tables in Sections 17.32.030.B.4, 17.34.030.B.3, and 17.36.030.B.3, and to amend Section 17.38.050 to revise the purpose, add definitions, allow for sensitive uses under certain circumstances, add enhanced ventilation requirements, and add special conditional use permit criteria.
The proposed amendment includes the following changes:
1. Add the following language to the Exceptions for Use Tables in Sections 17.32.030.B.4, 17.34.030.B.3, 17.36.030.B.3:
Sensitive Uses as defined in Section 17.38.050.C which are located in the Air Quality Health Risk Overlay District (D3) must obtain a conditional use permit unless the Sensitive Use is required by State Law to be permitted by right or is considered a residential use by this Zoning Ordinance or State Law. Sensitive Uses are also subject to the requirements in Section 17.38.050.E.
2. Add the following text to describe the location of the Air Quality Health Risk Overlay District (D3):
A. Location: The zone extends five hundred feet from Interstate 80 on both sides of the freeway.
3. Amend the Purpose of the Air Quality Health Risk Overlay District (D3) in Section 17.38.050.B. to read as follows:
Purpose. The purpose of the air quality health risk overlay district (D3) is to protect residential uses and sensitive receptors from fine particulate matter (PM2.5), diesel particulate matter (diesel PM), and other toxic air containments (TACs), consistent with Bay Area Air Quality Management District guidelines, along the Interstate 80 corridor.
4. Add the following Definitions to Section 17.38.050.C.:
“Enhanced Ventilation” means a ventilation system capable of achieving the protection from particulate matter (PM2.5) equivalent to that associated with a Minimum Efficiency Reporting Value (MERV) 16 filtration (as defined by American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standard 52.2).
“Qualifying Project” means a project that is subject to the requirements of this section because it includes one or more of the following components:
1. New Construction. The construction of a new stand-alone building.
2. Major Improvement. The alteration of any occupiable building(s) or structure(s on a parcel or more than one commonly-owned group of parcels which does not expand the building(s) or structure(s), and for which the aggregate value of the alterations within any 24-month period exceeds 50 percent of the replacement cost of the building(s) and structure(s) on the subject parcel(s), as calculated by the Building Division.
3. Addition. The expansion of any existing building(s) or structure(s), with or without other alterations to the building(s) or structure(s), on a parcel or more than one commonly-owned group of parcels in which the total aggregate value of work in any 24-month period exceeds 50 percent of the replacement cost of all buildings and structures on the entire subject parcel(s), as calculated by the Building Division.
“Sensitive Uses” means schools, daycare facilities, hospitals, care facilities for seniors or disabled persons, and parks or playgrounds
5. Amend the Standards in Section 17.38.050.D. to read as follows:
D. Standards. The following standards apply to Qualifying Projects in the Air Quality Health Risk Overlay District:
.
1. .Sensitive Uses. Sensitive Uses shall be permitted in the air quality overlay district only with a conditional use permit as required by this Chapter and only upon incorporation of conditional use permit conditions of approval sufficient to avoid significant risks to health and safety. A conditional use permit shall not be required for residential uses or where otherwise prohibited by State Law.
2. Site Design and Building Orientation. Orient sensitive use facilities to face away from the I-80 frontage and approach ramps. Locate placement of entries, operable windows and building intakes away from the I-80 frontage and approach ramps.
3. Enhanced Ventilation Requirement. Qualifying Projects must provide an Enhanced Ventilation Plan for City review and approval. The Enhanced Ventilation Plan shall be prepared by a licensed mechanical engineer or otherwise authorized individual and shall certify that the proposed ventilation system will be capable of achieving protection from particulate matter (PM2.5), equivalent to that associated Minimum Efficiency Reporting Value (MERV) of 16. Filters shall be installed prior to occupancy, and recommendations for maintenance with filters of the same value shall be included in the Enhanced Ventilation Plan.
4. Reduced Sound Transmission. Construction of interior walls, partitions, and floor/ceiling assemblies shall follow the Sound Transmission requirements of the California Building Code for residential projects (Section 1206) and the California Green Building Code, Chapter 5, Division 5.5 for non-residential projects near freeways to reduce interior noise levels and to meet San Pablo noise standards contained in Chapter 17.50 of the Zoning Code.
5. Add the following Section 17.38.050.E, Special Conditional Use Permit Criteria:
E. Special Conditional Use Permit Criteria. In the Air Quality Health Risk Overlay District, a Conditional Use Permit shall only be granted to a Qualifying Project upon determination that the proposal meets the criteria set forth in the Conditional Use Permit procedure (see Section 17.20.040), and also meets the following additional criteria:
1. Landscape buffer. A landscape professional shall submit and execute a plan for a landscape buffer to minimize pollution exposure that includes trees or shrubs that will grow to be between 6-8 feet high when mature, are low in water use, low in biogenic emissions, are high in carbon and particulate matter filtration qualities, and retain foliage for most months of the year. (Refer to Bay Area Air Quality Management District vegetative buffer guidelines).
2. Transportation Demand Management (TDM) Program. Prepare and execute a TDM plan and program for the project to reduce vehicle miles traveled and comply with the recommendations of the plan. Recommendations may include measures such as providing car or bike share facilities; incorporating bicycle parking, storage, and/or maintenance facilities; and providing transit passes for residents/employees.
GENERAL PLAN COMPLIANCE
The proposed ordinance is consistent with the following General Plan policies and implementation strategies:
LU-G-1: Promote a sustainable, balanced land use pattern that responds to existing and future needs of the City, as well as physical and natural 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-G-4: Protect and enhance quality of life in the city’s residential neighborhoods.
OSC-G-8: Protect and improve the air quality in San Pablo.
OSC-I-20: Maintain a 500-foot Air Quality Health Risk Overlay Zone on either side of Interstate 80 within the Planning Area to protect sensitive receptors from toxic air emissions. Within this overlay, avoid approval of new sensitive land uses, and for those projects permitted, require site-specific project design improvements (such as higher-performance windows and HVAC systems) in order to reduce public health risks associated with poor air quality in these locations.
The proposed ordinance is also consistent with the following Housing Element goals and policies:
Housing Element Policy 1-2: Promote development of a variety of housing types, sizes, and densities that meet community needs based on the suitability of the land, including the availability of infrastructure, the provision of adequate services and recognition of environmental constraints.
Housing Element Policy 1-3: Identify and work to reduce or remove regulatory and process-related barriers to housing development in San Pablo.
The proposed amendment would implement policies and programs of the 2035 General Plan Update and 2023-31 Housing Element by allowing for development within the Air Quality Health Risk Overlay Zone that incorporates site-specific project design improvements to reduce public health risks associated with the Overlay Zone area adjacent to Interstate 80.
ZONING ORDINANCE COMPLIANCE:
The proposed amendment is 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. In addition, pursuant to Zoning Ordinance Section 17.32.010, Purpose, the ordinance helps to produce healthy, safe, and attractive neighborhoods in San Pablo, consistent with the policy direction in the San Pablo general plan.
The proposed amendment would ensure that any development in the Air Quality Health Risk Overlay Zone is built in an orderly and effective manner that protects the public health, safety, and general welfare of the community, consistent with the purposes of the Zoning Ordinance.
STAFF RECOMMENDATION
Approve Resolution recommending approval of PLAN2508-0005. This is a recommendation by the Planning Commission to the City Council for approval of an amendment to the Zoning Code to allow for the development of residential uses and identified sensitive uses in the Air Quality And Health Risk Overlay District, including schools, daycare facilities, hospitals, care facilities for seniors or disabled persons, and parks or playgrounds, subject to a Conditional Use Permit (where allowable) and the requirement to meet specific criteria, including enhanced ventilation and reduced sound transmission, and other conditional measures, such as landscape buffering, site design and orientation, and Transportation Demand Management (TDM) to reduce vehicle miles traveled. Consistent with State Law, residential uses shall not require a conditional use permit but may be subject to objective criteria (such as site design and building orientation, enhanced ventilation, and reduced sound transmission requirements).
CONCLUSION
The purpose of this public hearing is for the Planning Commission to review the proposed zoning ordinance amendment, take public testimony, and make a recommendation to the City Council. The Draft Text Amendment (Attachment B) incorporates all of the proposed text changes, as indicated by strike-out and underlines to the existing text of Sections 17.32.030.B, 17.34.030.B, 17.36.030.B, and 17.38.050 of the Zoning Ordinance.
ATTACHMENTS
A. Resolution PC25-20 recommending approval of the Zoning Ordinance Text Amendment to the City Council.
B. Proposed Zoning Ordinance Text Amendment
C. Ordinance 2015-002
D. Proof of Publication