Pleasanton City Zoning Code
CHAPTER 18
22 HOUSING SITE COMPLIANCE REVIEW
§ 18.22.010 Title.
This chapter shall be called the "Housing Site Compliance Review" ordinance of the city of Pleasanton.
(Ord. 2272, 12/19/2023)
§ 18.22.020 Purpose.
The Objective Design Standards and Guidelines, adopted by Resolution No. 23-1386 (2023 ODS), as amended, are to be used to review both single-family and/or multi-family ownership and/or rental residential development projects on housing opportunity sites designated and/or rezoned as part of the 2023-2031 (6th Cycle) Housing Element ("housing opportunity sites") of the General Plan. The 2023 ODS are intended to provide direction to developers and property owners regarding development standards, site design and circulation, and architectural features, with the goal of ensuring all new housing opportunity site residential development is compatible with Pleasanton's existing high-quality neighborhoods.
(Ord. 2272, 12/19/2023)
§ 18.22.030 Projects subject to housing site compliance review.
In order to ensure compliance with the 2023 ODS, the following project types on housing opportunity sites shall be subject to housing site compliance review:
A.
The planning commission shall consider and render a decision regarding whether a housing opportunity site project complies with the 2023 ODS, any related environmental mitigation measure(s), and city objective standards which were in place when an application for the site was received for projects including 51 or more residential units.
B.
The zoning administrator shall consider and render a decision regarding whether a housing opportunity site project complies with the 2023 ODS, any related environmental mitigation measure(s), and city objective standards which were in place when an application for the site was received for projects up to 50 residential units.
(Ord. 2272, 12/19/2023)
§ 18.22.040 Powers and duties.
The planning commission or zoning administrator shall have the following powers and duties:
A.
In making decisions, approve, approve with modifications or conditions, or deny an application for a housing opportunity site in compliance with the 2023 ODS, any related environmental mitigation measure(s), and city objective standards which were in place when the application was received.
B.
Require such improvements, either on or off site, which are reasonably related to the project for a housing opportunity site which are necessary in order to mitigate adverse environmental effects disclosed in an environmental assessment, negative declaration, EIR/EIS, etc., in compliance with the 2023 ODS, and city objective standards which were in place when the application was received.
(Ord. 2272, 12/19/2023)
§ 18.22.050 Scope of review.
The planning commission or zoning administrator shall review site plans, landscape plans, building architecture and such other plans and reports (grading plans, EIR/negative declarations, etc.) as may be required and within requisite submittal requirements/timeframes specified by state law, as applicable (e.g., applications submitted under SB 35 (2017), SB 330 (2019), etc.), to ensure projects for a housing opportunity site shall comply with all requirements of the 2023 ODS, any related environmental mitigation measure(s), city objective standards which were in place when the application was received, and any other pertinent factual information.
(Ord. 2272, 12/19/2023)
§ 18.22.060 Procedures.
A.
An applicant submitting a project for a housing opportunity site subject to housing site compliance review shall submit all required materials to the planning division. The planning division shall review the required materials for completeness. The planning division shall indicate to the applicant if any additional information is needed, if the plans require revisions, or if a review under the California Environmental Quality Act (CEQA) is needed within timelines specified by state law.
B.
Once an application is deemed complete, surrounding property owners and residents within 1,000 feet of the project site will be mailed notice by the planning division of the proposed zoning administrator action, or of the planning commission meeting, as applicable. On-site project notification shall also be required, in conformance with the city's adopted policy, with such notification the responsibility of the applicant to install within a time frame specified by the planning division.
C.
In the case of projects subject to zoning administrator compliance review, if, within seven days of mailing the above-referenced notice, the zoning administrator receives a request for hearing, the zoning administrator shall schedule an administrative hearing within the time frame established by state law. The zoning administrator's decision shall be made either administratively, if no hearing is requested, or during the administrative hearing.
D.
In the case of projects subject to planning commission compliance review, the planning commission meeting shall be scheduled within the time frame established by state law. The planning commission's decision shall be made during the meeting.
E.
The zoning administrator or planning commission, as specified, shall approve the project if it complies with: (1) the requirements of the 2023 ODS and any other applicable objective standards established with adopted city plans and documents which were in place when the application was received; and (2) any applicable mitigation measure(s) of any applicable environmental document(s).
If the project does not comply, conditions may be imposed to achieve compliance, or the project may be denied. Such conditions or denial shall be subject to the limitations of state law, including, but not limited to, Government Code Section 65589.5. Once a decision is rendered, the applicant shall be informed in writing along with any conditions attached to the approval. |
(Ord. 2272, 12/19/2023)
§ 18.22.070 Effective date of decision.
A.
Within five days of the date of the zoning administrator's or planning commission's decision on a project subject to housing site compliance review, the secretary shall transmit written notice of the decision to the planning commission and/or city council, and the applicant. Unless a timely appeal is filed as provided in Section 18.22.080 of this chapter, or unless the planning commission and/or the city council elects to review the decision of the zoning administrator, the decision shall be effective on the later of the following:
(Ord. 2272, 12/19/2023)
§ 18.22.080 Appeals or reviews.
Unless otherwise prohibited by state law, appeals or reviews shall be as follows:
A.
Any appeal or review pursuant to actions made by the zoning administrator and/or planning commission pursuant to this chapter shall follow the timelines and administrative procedures outlined in Section 18.144.020 of this title.
B.
Any party may appeal and/or any member of the city council may review any decision of the zoning administrator and/or planning commission to the city council.
C.
Any party may appeal an action of the zoning administrator to the planning commission. Any appeal to the planning commission may be further appealed to the city council. Any member of the planning commission and/or city council may review an action of the zoning administrator to the planning commission or the city council, respectively. Appeals to or reviews by the planning commission or city council shall be governed by this title as if the appeal or review of the zoning administrator's action were a new application before the planning commission or city council.
(Ord. 2272, 12/19/2023)
§ 18.22.090 Lapse of approval.
Housing site compliance review shall lapse and shall be void one year following the effective date of approval, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion, or the applicant or the applicant's successor has filed a request for approval of extension with the zoning administrator pursuant to the provisions of Section 18.12.030 of this title; or unless otherwise provided by state law.
(Ord. 2272, 12/19/2023)