1 ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING PLEASANT HILL MUNICIPAL CODE SECTION 18.050.020, PURPOSES; SECTION 18.10.050, APPLICABILITY OF LAND USE DEVELOPMENT REGULATIONS; SECTION 18.20.010, SPECIFIC PURPOSES – SUMMARY OF RESIDENTIAL DISTRICTS; SECTION 18.20.030, DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS; SECTION 18.20.040, ADDITIONAL DEVELOPMENT REGULATIONS CORRESPONDING TO SCHEDULE 18.20.030; SECTION 18.20.050, ACCESSORY STRUCTURES; SECTION 18.22.010, SPECIFIC PURPOSES – SUMMARY OF MIXED-USE DISTRICTS; SECTION 18.22.040, ADDITIONAL DEVELOPMENT REGULATIONS CORRESPONDING TO SCHEDULE 18.25.030; SECTION 18.50.110, TREE PRESERVATION; SECTION 18.110.040, FINDINGS (VARIANCES); AND SECTION
18.112.060.B, OTHER REQUIREMENTS (REASONABLE ACCOMMODATIONS) WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are proposed to amend provisions related to the purpose and organization of the zoning ordinance, applicability of land use development regulations, residential development standards, accessory structure standards, tree preservation regulations, variances, and reasonable accommodations; and WHEREAS, the City is proposing to amend provisions of the zoning ordinance to address compliance with State law and/or streamline processes; and WHEREAS, after notice having been duly given, a public hearing on the proposed ordinance amendments was held by the Planning Commission on August 13, 2024, where all interested persons might appear and be heard. The Planning Commission adopted Resolution No. 20-24 recommending that the City Council adopt the proposed ordinance; and WHEREAS, after notice having been duly given, a public hearing on the proposed ordinance was held by the City Council on September 9, 2024, where all interested persons might appear and be heard.
NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment, as the proposed activity (ordinance amendment) is exempt and will not have a significant effect on the environment, as it does not directly approve any physical development. The adoption of this ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
2 Section 3. Section 18.05.020, the purpose and organization of the zoning ordinance is amended to include a new Section 18.05.020.F as follows:
18.05.020, Purposes.
The broad purposes of the zoning ordinance are to protect and promote the public health, safety, and general welfare, and to implement the policies of the City of Pleasant Hill General Plan. More specifically, the zoning ordinance is intended to:
A. Provide a precise guide for the physical development of the city in order to:
1. Preserve the character and quality of residential neighborhoods;
2. Foster convenient, harmonious, and workable relationships among land uses; and
3. Achieve the arrangement of land uses described in the general plan.
B. Promote the economic stability of existing land uses.
C. Prevent excessive population densities and overcrowding of land or buildings.
D. Ensure the provision of adequate open space for light, air, and fire safety.
E. Ensure that service demands of new development will not exceed the capacities of existing streets, utilities, or public services. (Ord. 710 § 35-1.4, 1996; 1991 code § 35-1.4) F. Authority. This Zoning Ordinance is enacted based on the authority vested in the City by the State of California, including but not limited to the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.).
Section 4. Section 18.10.050, the applicability of land use and development regulations is amended as follows:
Section 18.10.050.A – Applicability of Land Use Development Regulations Zoning Map
Symbol
Zoning District Name Density and/or
FAR
Corresponding General Plan
Land Use Designation(s)
R-20 Single-Family
Residential (Min. lot
size: 20,000 sq. ft.)
1.3 – 3.0 du/ac Single-Family Low-Density
(SFLD)
R-15 Single-Family
Residential (Min. lot
size: 15,000 sq. ft.)
1.3 – 3.0 du/ac Single-Family Low-Density
(SFLD)
R-10 Single-Family
Residential (Min. lot
size: 10,000 sq. ft.)
3.1 – 4.5 du/ac Single-Family Medium-Density
(SFMD)
R-10A Single-Family
Residential District:
Minimum lot size:
10,000 sq. ft.
3.1 – 4.5 du/ac Single-Family Medium-Density
(SFMD)
R-7 Single-Family
Residential (Min. lot
size: 7,000 sq. ft.)
3.1 – 4.5 du/ac Single-Family Medium-Density
(SFMD)
3 R-6 Single-Family
Residential (Min. lot
size: 6,000 sq. ft.)
4.6 – 6.9 du/ac Single-Family High-Density
(SFHD)
MRVL Very Low Density
Multi-Family
Residential
7.0 – 12.0 du/ac Multi-Family Very Low-Density
(MFVLD)
MRL Low Density MultiFamily Residential 12.1 – 20.0 du/ac Multi-Family Low-Density (MFLD)
MRM Medium Density
Multi-Family
Residential
20.1 – 30.0 du/ac Multi-Family Medium-Density
(MFMD)
MRH High Density MultiFamily Residential30.1 – 40.0 du/ac Multi-Family High-Density (MFHD)
MRVH Very High Density
Multi-Family
Residential
40.1 – 73.0 du/ac Multi-Family Very HighDensity (MFVHD) MX-NB Neighborhood
Business Mixed-Use
1.3 – 20.0 du/ac
0.0 – 0.75 FAR
Mixed-Use Neighborhood
(MUD)
MX Mixed-Use 12.0 – 40.0 du/ac
0.4 – 0.75 FAR
Mixed-Use (MU)
MX-HD High Density MixedUse40.1 – 70 du/ac
0.4 – 0.75 FAR
Mixed-Use High-Density
(MUHD)
MX-VHD Very High Density
Mixed-Use
70.1 – 100 du/ac
0.4 – 0.85 FAR
Mixed-Use Very High-Density
(MUVHD)
NB Neighborhood
Business
0.0 – 0.35 FAR Neighborhood Business (NB)
RB Retail Business 0.0 – 0.4 Commercial and Retail (CR) PAO Professional and
Administrative Office
District
0.0 – 0.4 FAR Office (O)
C General Commercial
District
0.0 – 0.4 FAR Commercial and Retail (CR)
LI Limited Industrial
District
0.0 – 0.35 FAR Light Industrial (I)
PUD/PPD Planned Unit
Development or
Precise Plan District
N/A Can be applied in any land use
designation
HPUD Hillside Planned Unit
Development District
N/A Corresponds with any residential
Single-Family (SF) or MultiFamily (MF) land use
designation
H Historic Overlay N/A Can be applied in any land use
designation
CR Cultural Resource
Overlay
N/A Can be applied in any land use
designation
In R-10A, the average lot size shall be at least 10,000 sq. ft. Smaller lots may be allowed, but not less than 7,000 sq. ft.
Section 5. Section 18.20.010, Summary of residential districts is amended to include a new Section 18.20.010.C as follows:
4 Section 18.20.010 – Summary of residential districts
C. Per Government Code Section 65583.2, subdivisions (c), (h), and (i) lower-income sites including: those in the sites inventory with a proposed zoning change to meet the RHNA shortfall, vacant sites identified in two previous housing elements, and nonvacant sites identified in the previous housing element shall allow owner-occupied and rental multifamily uses permitted by-right (without discretionary approval) for developments in which 20 percent or more of the units are affordable to lower income households, accommodate a minimum of 16 units per site, and include a minimum density of 20 units per acre. “By-right” means that a Conditional Use Permit, Planned Unit Development Permit, or other discretionary review or approval is not required.
Section 6. Schedule 18.20.030 – Development regulations for all residential districts is amended to add a new Additional Development Regulations “L” and “M” as follows:
Schedule 18.20.030 - Development regulations for all residential districts SCHEDULE 18.20.030
DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R-10A R-7 R-6 MRVL MRL MRM MRH MRVH
Additional
Development
Regulations (See
PHMC §
18.20.040)
Minimum Site
Area per
Dwelling Unit
(sq. ft.) 20,000 15,000 10,000 10,000 7,000 6,000 3,500 2,500 1,500 1,150 600 Minimum Lot
Area (sq. ft.) 20,000 15,000 10,000 7,000 7,000 6,000 10,000 10,000 8,500 8,000 8,000 A, B Minimum Lot
Width (feet) 100 100 80 70 70 60 70 70 80 80 80
Minimum Lot
Depth (feet) 120 100 90 90 90 90 90 90 90 90 90
Front
Setback(feet) 25 20 20 20 20 20 15 15 10 10 10 C
Rear Setback
(feet) 15 15 15 15 15 15 15 15 15 15 15 D, J
Corner Side
Setback(feet) 15 15 15 15 15 15 15 15 10 10 10 C, D, J
Side Setback
(feet) 15 10 5 5 5 5 10 10 10 5 5 D, E, J
Aggregate Side
Setback (feet) 35 25 15 15 15 15 20 20 20 10 10 D, E, J Creek Setbacks – – – – – – – – – – –
See PHMC §
18.50.150
regarding creek
setbacks.
Maximum
Building
Height (feet) 35 35 35 35 35 35 35 35 40 50 60
Maximum
Number of
Stories 2.5 2.5 2.5 2.5 2.5 2.5 -
5 SCHEDULE 18.20.030
DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R-10A R-7 R-6 MRVL MRL MRM MRH MRVH
Additional
Development
Regulations (See
PHMC §
18.20.040)
Maximum Lot
Coverage 25% 25% 30% 35% 35% 35% 40% 40% 50% 60% 70% L
Maximum
Floor Area
Ratio 40% 40% 40% 40% 40% 40% – – – – – M
Open Space – – – – – – – – – – – F, G
Scenic Route 50 50 50 50 50 50 50 50 50 50 50
Minimum Site
Landscaping – – – – – – 35% 35% 30% 25% 15% H
Fences and
Walls – – – – – – – – – – - I
Supplemental
Regulations – – – – – – – – – – -
See PHMC §§
18.20.050 through
18.20.140 and Part
4. Nonconforming
Structures – – – – – – – – – – -
See PHMC
Chapter 18.65.
City-Wide
Objective
Design
Standards – – – – – – – – – – –
See PHMC §
18.20.040.K.
Section 7. Section 18.20.040 - Additional development regulations corresponding to Schedule 18.20.030 is amended to add new Sections 18.20.040.L and 18.20.040.M as follows:
Section 18.20.040 - Additional development regulations corresponding to Schedule
18.20.030
A. Minimum site area for certain uses. The minimum site area shall be 10,000 square feet for the following use classifications: general day care, general residential care, and public or private schools.
B. Minimum required lot area. Minimum required lot area shall be “net” as defined in PHMC § 18.140.010; except, for minor subdivisions located within the R-6 through R-10 zone districts, comprised of not more than two parcels, the following exception may be approved by the zoning administrator and/or the planning commission when considering approval of the minor subdivision:
1. The area of any private driveway access easement required to meet minimum fire district standards, up to a maximum of 30% of the gross lot area, may be included in determining compliance with minimum lot area requirements; provided, that the decision-making authority on the minor subdivision finds that there is no other feasible method for the minor subdivision to comply with minimum fire district standards and also comply with minimum lot area requirements; and
6 2. The gross lot area of each parcel in the proposed minor subdivision complies with the lot area required by the general plan.
C. Corner or double-frontage lots. Double-frontage lots shall have a front yard on each frontage. Corner lots shall have a front yard on each frontage: the front side and the corner side yard (usually the longest frontage; see PHMC Chapter 18.140, definition of “yard types”). On a corner lot where the entry to the dwelling is on the corner side, this corner side may be used as the front yard; provided, that: (1) all other yard setbacks are in compliance with PHMC § 18.20.030; and (2) garages (attached or detached) with driveway access from the corner side property line are set back a minimum of 20 feet from the corner side property line. (See off-street parking and loading regulations, PHMC § 18.55.150.) D. Building height, required yards, and stepbacks. In addition to all applicable standards established in this chapter, buildings taller than 35 feet in height located on a parcel adjacent to a single-family residential zone shall use a minimum of one of the following techniques:
1. Stepbacks. The building shall be designed to “stepback” upper floors at least one foot for every one foot of increased building height above 35 feet. For example, consider a building with a proposed height of 40 feet. The height of the main wall of the building base would start at 35 feet at the required side and/or rear yard line, then increase by one foot for every foot beyond the side/rear yard line until it attains the height of 40 feet at a minimum distance of five feet behind the side/rear yard line.
2. Additional side and rear yard area. The required side and rear yards shall be increased by one foot for every one foot of structure height in excess of 35 feet, but not to exceed 10 additional feet. For example, a building with a proposed height of 40 feet would have to be set back an additional five feet from the required side/rear yard lines.
BUILDING HEIGHT, AND REQUIRED YARDS, AND STEPBACKS
(The diagram is illustrative)
7 E. Zero-side yard development. A structure constructed in conformance with the standards for zero-side yard development in effect immediately before this chapter was adopted shall not be considered a nonconforming structure subject to PHMC Chapter 18.65; provided, that an exterior addition or enlargement shall require a use permit issued by the zoning administrator, and no addition or enlargement shall increase the existing floor area by more than 10% nor increase the lot coverage to more than 50%.
F. Open space. Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two.
1. Private open space. Private open space areas must comply with sections II.B.8 and II.B.9 of the adopted Residential Guidelines and Objective Design Standards (city council Resolution No. 18-22).
2. Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky, and may not include driveways or parking areas, or area required for front or corner side yards unless these yard areas are landscaped and usable.
G. Park land dedication. Each residential unit is subject to the park land dedication requirements of the Pleasant Hill subdivision ordinance (PHMC Title 17).
H. Planting areas. In addition to the minimum percentage of the site to be landscaped, listed in the schedule, the following requirements apply:
1. Yards adjoining streets. All visible portions of a required yard adjoining a street that are not used for driveways or walks shall be landscaped. In R (single-family) districts, a minimum of 50% of the required front yard shall be maintained as landscaped area. Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required landscaped area. Landscaped area shall consist of plantings, lawn, mulch, decorative bark, approved decorative landscape features and other decorative pervious surfaces subject to the approval of the zoning administrator.
2. Interior yards. In the MRVL and MRL districts, at least 50% of each required interior side yard and rear yard shall be landscaped, having a minimum width of seven and one-half feet adjoining a side or rear property line. The width of a required landscaped area may be reduced to three feet in one side or rear yard adjoining a driveway or patio, and a nonresidential accessory structure may occupy a portion of the landscaped area in a rear yard.
3. Notwithstanding subsection H.2 of this section and sections II.A.9 and II.B.13 in the adopted city-wide Design Guidelines and Objective Design Standards (city council Resolution No. 18-22) a continuous landscaped area having a minimum width of five feet shall be provided along interior property lines when an MRVL, MRL, MRM, MRH, MRVH zone district adjoins an R (single-family) district.
4. Exception. Up to 50% of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas subject to architectural review or planning commission approval as part of a proposed project (see PHMC § 18.52.030.F).
8 I. Fences and walls. The maximum height of any fence or wall (including a retaining wall) is six feet, except three feet within required front and corner side yards, unless otherwise specified below. For single-family residences on corner lots, a five-foot setback from the corner side property line is required for a wall or fence over three feet in height. (See also subsection C of this section.) Height is measured pursuant to PHMC § 18.145.050.B.
1. Key lots. Where a corner lot abuts a key lot, a triangular area, 12 feet on each side, must remain unfenced.
KEY LOTS
* The above exhibit is provided for illustrative purposes only.
2. Rear property line exceptions. On a lot with a rear lot line abutting a public trail, canal, East Bay Municipal Utility District right-of-way, or public street, the maximum rear yard fence height is eight feet.
3. Fences with retaining walls. The height is measured as the combined height of a retaining wall, fence, wall, or screen (not to exceed a maximum height of six feet measured from the higher side of the adjacent grade). A retaining wall is not included in the measurement if it is located so that its horizontal distance from the fence is equal to or greater than the height of the retaining wall. Height is measured pursuant to PHMC § 18.145.050.B.
9 4. Sight distance. All fences are subject to the visibility requirements of PHMC § 18.50.100.
5. Prohibited fences. High voltage electrical fences, razor wire, barbed wire, and other materials which pose a safety hazard are strictly prohibited.
J. Setbacks from vehicular easements. Minimum required yard setbacks shall be provided and measured from vehicular easement boundaries in the same manner that such setbacks are provided and measured from a public right-of-way.
K. City-wide objective design standards. All single-family residential and multifamily residential development shall comply with objective design standards, as adopted by city council resolution.
1. Streamlined residential projects. If a proposed residential development project qualifies for streamlined permit review, as determined by state law, the zoning administrator shall review the proposed project to verify compliance with the objective design standards applicable to such projects. Proposed residential development projects that comply with all objective design standards shall be processed ministerially. Qualifying projects that do not comply with the objective design standards shall be subject to the architectural review permit process, as specified in PHMC Chapter 18.115.
L. Lot Coverage for Accessory Dwelling Units. Up to 800 square feet of floor area dedicated to an existing or proposed Accessory Dwelling Unit shall be exempt from the maximum lot coverage calculations.
M. Floor Area Ratio (FAR) for Accessory Dwelling Units. Up to 800 square feet of floor area dedicated to an existing or proposed Accessory Dwelling Unit shall be exempt from the maximum FAR calculations.
Section 8. Section 18.20.050, Accessory structures is amended as follows:
18.20.050 Accessory Structures.
The following regulations apply to accessory structures in R districts. Accessory Dwelling Units are excluded from these provisions and are subject to the regulations in 18.20.095:
A. On parcels zoned R-6, R-7, R-10, R-10A and comparable PUDs:
1. The total floor area of each accessory structure more than four feet in height shall not exceed 500 square feet. The maximum cumulative total for all accessory structures on the property shall not exceed 600 square feet.
2. The height of an accessory structure shall not exceed 12 feet for a flat roof and 14 feet for a pitched roof:
a. The height measurement is taken to the highest point of the structure. b. Roof decks and railings, windscreens or similar rooftop structures are prohibited on accessory structures.
c. Shed roof structures shall be sited with the high point of the structure located away from the nearest property line.
3. The side and rear yard setbacks from property line shall be:
10 a. Structure less than or equal to 18 inches in height: none required. b. Structure between 18 inches and eight feet in height: three feet. c. Structure greater than eight feet in height: three feet plus an additional setback equal to the height that the accessory structure is above eight feet, but not to exceed the applicable minimum required side yard setback for that district.
4. Accessory structures shall be reviewed for substantial conformance with citywide design guidelines.
B. On parcels zoned R-15, R-20 and comparable PUDs:
1. The total floor area of each accessory structure more than four feet in height shall not exceed 600 square feet. The maximum cumulative total for all accessory structures on the property shall not exceed 800 square feet.
2. The accessory structure shall comply with subsections A.2 through A.4 of this section.
C. On multifamily residential zoned parcels and comparable PUDs:
1. The total floor area of each accessory structure more than four feet in height shall not exceed 500 square feet. The maximum cumulative total for all accessory structures on the property shall not exceed 600 square feet.
2. The accessory structure shall comply with subsections A.2 through A.4 of this section.
D. In all other zoning districts:
1. The total floor area of each accessory structure more than four feet in height shall not exceed 600 square feet. The maximum cumulative total for all accessory structures on the property shall not exceed 800 square feet.
2. The accessory structure shall comply with subsections A.2 through A.4 of this section.
E. Arbors and trellises shall not be counted in determining accessory structure compliance with the floor area limitations specified in subsections A through D of this section, provided they have no solid, covered walls and do not have a solid, covered roof.
F. Any accessory structure in a creek setback area shall comply with PHMC § 18.50.150.D.
G. An accessory structure in a required front or corner side yard shall not exceed three feet in height except that arbors are allowed within the required front or corner side yard, subject to the following standards:
1. Substantial compliance with city-wide design guidelines;
2. Not located in the public right-of-way;
3. Not more than eight feet in height from existing grade;
4. Not more than 15 square feet of covered area; and
5. Subject to compliance with PHMC § 18.50.100, Sight obstructions at intersections and driveways.
11 Section 9. Section 18.22.010, Summary of mixed-use districts is amended to include a new Section 18.22.010.C, as follows:
Section 18.22.010 – Specific purposes - Summary of mixed-use districts C. Per Government Code Section 65583.2, subdivisions (c),(h) and (i), lower-income sites included in the sites inventory with a proposed zoning change to meet the RHNA shortfall, as well as vacant sites identified in two previous housing elements and nonvacant sites identified in the previous housing element shall allow owner-occupied and rental multifamily uses permitted by-right (without discretionary approval) for developments in which 20 percent or more of the units are affordable to lower income households, accommodate a minimum of 16 units per site, and include a minimum density of 20 units per acre. “By-right” means that a Conditional Use Permit, Planned Unit Development Permit, or other discretionary review or approval is not required.
Section 10. Section 18.22.040 - Additional development regulations corresponding to Schedule 18.25.030 is amended as follows:
Section 18.22.040 - Additional development regulations corresponding to Schedule
18.22.030
Section 11. Section 18.50.110, Tree preservation standards for protected trees is amended as follows:
18.50.110.A(1) Permit Required (Tree Preservation).
A. Permit required. No person, firm, corporation, private or public utility or governmental entity shall remove, relocate, excessively trim, damage or demolish a protected tree or heritage tree prior to obtaining a tree removal permit from the zoning administrator or approval from another applicable city decision-making body pursuant to subsection C, I or J of this section. City initiated projects shall also be subject to all of the provisions of this chapter unless specifically exempted by the city council.
1. Protected trees. The term “protected tree” means any of the following:
a. Any native oak tree with a trunk diameter measurement of nine inches or larger.
b. Any indigenous tree with a trunk diameter measurement of nine inches or larger. Indigenous trees include but are not limited to: Alnus Oregona (Red Alder), Acer Macrophyllum (Bigleaf Maple), Aesculus Californica (California Buckeye), Arbutus Menziesii (Madrone), Umbellularia Californica (California Bay or Laurel), Juglans Hindsii (California Black Walnut), Platanus Racemosa (California Sycamore), or Sambucus Mexicana (Elderberry).
Note: The California Native Plant Society list of indigenous/native trees for the Bay Area can also be referenced to determine whether a tree is considered native or indigenous to the region.
12 c. A nonnative tree (not including Eucalyptus and Palm trees) with a trunk diameter measurement of 18 inches or larger. Nonnative trees include species such as Sequoia Sempervirens (Coastal Redwood), Pinus Canariensis (Canary Island Pine), Pinus Halepensis (Aleppo Pine), Pinus Pinea (Italian Stone Pine), Pinus Radiata (Monterey Pine), Ulmus Americana (American Elm), Ulmus Parvifolia (Chinese Elm), Ulmus Pumila (Siberian Elm), Liquidambar Styraciflua (American Sweet Gum), Cedrus Deodara (Deodar Cedar), Cedrus Atlantica (Atlas Cedar), Fraxinus Uhdei (Shamel Ash), Fraxinus American (White Ash), Fraxinus Augustifolia (Raywood Ash), Cupressus (Cypress species), Morus Alba (Fruit/Fruitless Mulberry), Chinese Pistache, Robinia Pseudoacacia (Black Locust), Pyrus Calleryana (Bradford Pear), Cinnamomum Camphora (Camphor).
d. Any tree shown to be preserved on an approved tentative map, development or site plan or required to be retained as a condition of approval or environmental mitigation measure.
e. Any tree required to be planted as a replacement for an unlawfully removed tree.
f. Any tree designated as a “heritage tree” pursuant to subsection E of this section.
Note: See subsection G of this section for definition of trunk diameter measurement.
Section 12. Section 18.110.040, Findings for Variances are amended as follows:
18.110.040 Findings (Variances).
In compliance with California Government Code 65900 through 65909, the planning commission, or the zoning administrator in the case of a minor variance, may approve an application for a variance if it finds all of the following to be true, based on the application, plans, materials and testimony submitted at the public hearing:
A. The variance is based on the existence of special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity under the identical zoning classification; B. The variance does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and
C. The variance substantially meets the intent and purpose of the zoning district in which the property is located. (Ord. 710 § 35-31.6, 1996; 1991 code § 35-31.6) Section 13. Section 18.112.060.B, Other requirements for Reasonable Accommodations are amended as follows:
18.112.060.B Other Requirements (Reasonable Accommodation) 13 B. Other requirements.
1. An approved request for reasonable accommodation is subject to the applicant’s compliance with all other applicable zoning regulations.
2. A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land.
3. Where appropriate, the reviewing authority may condition its approval on any or all of the following:
a. Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval; b. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;
c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;
d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists; g. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage or floor area ratio requirements specified for the zone district; and
h. Other conditions necessary to protect the public health, safety and welfare. (Ord. 838 § 1, 2009)
Section 14. If any section, subsection, phrase, or clause of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.” Section 15. This ordinance shall be effective 30 days after its adoption.
Section 16. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it to be posted in the three places designated by resolution of the City Council.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 9
th day of September, 2024.
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the 7
th day of October, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
14 _____________________________________
MATTHEW RINN, Mayor
ATTEST:
__________________________
LYONE CONNER, City Clerk