L-16 Permitted, subject to the requirements in Section 18.25.180 for firearm sales uses.
L-17 Only allowed through approval of a use permit when the underlying general plan land use designation is mixed use, otherwise not permitted.
L-18 Allowed on the second floor and above, through approval of a use permit.
18.25.030 Development Standards for Commercial, Office, and Industrial Districts A. Table 18.25-2 (Development Standards – Commercial, Office, and Industrial Zoning Districts) establishes the development regulations for the NB, RB, PAO, C and LI districts. Letters in parentheses in the “Additional Development Regulations” column refer to regulations following Table 18.25-2 or to regulations located elsewhere in this Chapter. [Source: 18.25.030.A, modified]
B. Supplemental Development Standards. Sections 18.25.050 through 18.25.160 include supplemental development standards applicable to all development in the NB, RB, PAO, C and
10.2.e
Packet Pg. 507
Chapter 18.25 Commercial, Office, and Industrial Zoning Districts 98 LI zoning districts; they establish requirements for accessory structures; accessory uses in commercial, office and light industrial districts; eating and drinking establishments with takeout service; hazardous materials storage; live entertainment; outdoor facilities; recycling facilities; and service stations and automobile washing.
C. Additional Regulations. The following development standards that are applicable to all zoning districts can be found in Part 3 and Part 5 of this Title. [Source: 18.25.030.B]
1. General Site and Development Standards (Chapter 18.45); [Source: 18.25.030.B.5, modified]
2. Off-Street Parking and Loading (Chapter 18.70); [Source: 18.25.030.B.5, modified]
3. Signs (Chapter 18.80); [Source: 18.25.030.B.5, modified]
4. Nonconforming uses and structures (Chapter 18.190); and [Source: 18.25.030.B.5, modified]
5. Adult businesses (Chapter 18.50). [Source: 18.25.030.B.5, modified] Table 18.25-2 (Development Standards - Commercial, Office, and Industrial Zoning Districts)
Development Standard
(minimum unless stated
otherwise)
Zoning District
Additional Development
Regulations
(see corresponding letter in
Section 18.15.040)
NB RB PAO C LI
Parcel Dimensions
Lot Area (sq. ft.) 7,500 7,500 10,000 7,500 20,000
Lot Width (ft) 75 75 100 50 100
Setbacks
Front (ft) 25 25 20 10 20 (F)
Side (ft) – – 5 – – (A), (F)
Corner Side (ft) 25 25 20 10 20 (F)
Rear (ft) – – 20 – – (A), (F)
Aggregate Side (ft) – – 15 – – (F)
Creek Setbacks See Chapter 18.60 regarding creek setbacks.
Scenic Route (ft) 25 25 25 25 25
Height and Lot Coverage (maximum)
10.2.e
Packet Pg. 508
Part 2 – Zoning District Regulations and Development Standards Chapter 18.25 Revised Preliminary Draft – October 2024
99 18.25.040 Additional Development Standards
A. Developments Adjoining Residential Districts. Any proposed nonresidential use in a NB, RB, PAO, C, and LI zoning district that adjoins a residential zoning district, or mixed-use zoning district that only includes residential uses, shall comply with all of the following standards. [Source: 18.25.040.A, modified]
1. Setbacks. The side or rear setback along the property line(s) adjoining the residential zoning district or use shall be 25 feet in the RB, PAO, C, and LI zoning districts, and 15 feet in the NB zoning district. [Source: 18.25.040.A.1, modified]
2. Planting Area. A continuous planting area having at a minimum width of five feet and at least five trees per 100 linear feet shall be provided along interior property line(s) adjoining a residential zoning district or mixed-use zoning district that includes a residential use. [Source: 18.25.040.A.2, modified]
3. Daylight Plane Requirement. Structures shall not intercept a 30-degree daylight plane inclined inward from a height of six feet above existing grade at the property line of the residential zoning district or mixed-use district that include a residential use. [Source:
18.25.040.A.3, modified]
4. Fences and Walls. A property line of a NB, RB, PAO, C, or LI zoning district abutting a residential zoning district, or mixed-use district that includes a residential use, shall be enclosed by a solid wood, concrete, or masonry wall at least six feet but not more than eight feet in height, except that a wall within 15 feet of a street property line shall not exceed three feet in height. This standard is not required for sides of the property that Building Height (ft) 35 35 35 35 35
Number of Stories 2.5 2.5 2.5 2.5 2.5
Gross Floor Area Ratio
(commercial)
0.35 0.4 0.35 0.35 0.4
Other Standards
Minimum Site Landscaping 25% 25% 30% 20% 20% (B), Section 18.25.150 Amenities for Bicyclists Chapter 18.70.
Building Design (D)
Employee Eating Area (C)
Storm Drain Outlets (E)
Supplemental Regulations Section 18.20.050 through 18.20.140 and Part 4.
Nonconforming Structures Chapter 18.65.
10.2.e
Packet Pg. 509
Chapter 18.25 Commercial, Office, and Industrial Zoning Districts 100
are abutting a nonresidential use. See also Section 18.65.020 (Fence and Wall Standards). [Source: 18.25.040.A.4, modified]
Required Daylight Plane at Adjoining Residential Districts Required Walls: Residential Use Abutting Nonresidential Use B. Minimum Site Landscaping. [Source: 18.25.040.B, modified]
1. Decorative hardscape or pervious pavement may not be used to meet minimum landscape requirements established in Table 18.25-2 (Development Standards – Commercial Zoning Districts) except as provided , except as follows:
a. Up to 50 percent of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas, subject to with Architectural Review Commission or Planning Commission approval as part of a proposed project. [Source: 18.25.040.B.1, modified] b. The Architectural Review Commission and/or Planning Commission shall establish guidelines related to the use of decorative hardscape, mulch and pervious pavement. [Source: 18.25.040.B.1, modified]
2. PAO Zoning District. On lots zoned PAO, at least 50 percent of each required interior side and rear setback shall be planting area. [Source: 18.25.040.B.2, modified] C. Office Building Amenities.
10.2.e
Packet Pg. 510
Part 2 – Zoning District Regulations and Development Standards Chapter 18.25 Revised Preliminary Draft – October 2024
101
1. Office buildings over 5,000 square feet shall include eating facilities for employees. [Source: 18.25.040.D, modified]
2. Office buildings over 50,000 square feet shall include, in addition to the requirements in Paragraph C.1, showers, changing rooms, and lockers. [Source: 18.25.040.C, modified]
D. Design Compatibility. The exterior elevation design of all buildings shall be coordinated with regard to color, materials, architectural form, and detailing to achieve design harmony, continuity, and horizontal and vertical relief and interest. The design of all buildings shall be consistent with the City-Wide Design Guidelines. [Source: 18.25.040.E, modified] E. Storm Drains. All storm drain inlets in the NB, RB, PAO, C, and LI districts shall comply with the City’s national pollutant discharge elimination system (NPDES) regulations established in Chapter 15.05. [Source: 18.25.040.F, modified]
F. Vehicular Easements. A minimum required setback shall be provided and measured from any public or private vehicular easement boundary on the property. [Source: 18.25.040.G, modified] G. Windows and Visibility. Not more than 30 percent of any storefront exterior door and/or window pane shall be blocked or made opaque through the use of window treatments, paint, vinyl applications, furniture, or any other method that would obstruct visibility into the building unless approved by the Architectural Review Commission or otherwise required by another Section of this Title. Any existing use that is not in compliance with this requirement at the time of adoption of the Ordinance codified in this Section shall bring the use into compliance within 12 months of the date of Ordinance adoption. The following exceptions apply:[Source: 18.25.040.H]
1. Obstructions more than three feet away from windows are exempt from the requirement established in Paragraph G.1. [Source: 18.25.040.H]
2. Product display spaces are allowed and subject to review and approval by the Zoning Administrator or Architectural Review Commission. [Source: 18.25.040.H]
18.25.050 Accessory Structures and Uses: Commercial, Office, and Industrial Districts
A. Development Standards. Accessory structures shall comply with the development standards established in Section 18.25.030 (Development Standards for Commercial, Office, and Industrial Districts). [Source: 18.25.060.A, modified]
B. On-Site Accessory Uses. The following accessory uses are allowed on site; no accessory uses are permitted off site. [Source: 18.25.060.B, modified]
1. Uses intended to serve only occupants of the building within which such uses are located. These uses may include, but are not limited to, restaurants, cafeterias, galleries, specialty shops. gift shops, employee fitness facilities, first aid stations, community facilities, and business services necessary for the functioning of office uses or other commercial uses. The combined square footage of the accessory use(s) does not exceed 25 percent of the gross floor area of the ground floor level. [Source:
18.25.060.B.1, modified]
10.2.e
Packet Pg. 511
Chapter 18.25 Commercial, Office, and Industrial Zoning Districts 102
2. Parking facilities in conjunction with a principal use. [Source: 18.25.060.B.2]
3. Uses noted in Paragraph B.1 of this Section that primarily serve the general public and/or that exceed 25 percent of the ground level square footage may be allowed subject to approval of a Use Permit from the Planning Commission and compliance with parking provisions established in Chapter 18.70 (Off-Street Parking and Loading). [Source: 18.25.060.B.3, modified]
C. Off-Site Accessory Uses. No accessory uses are allowed off-site. [Source: 18.25.060.B, modified]
18.25.060 Container or Storage Unit
The following supplemental regulations apply to containers and storage units, as defined in Section
18.195.040 (“C” Definitions), in the NB, RB, PAO, C and LI zoning districts: [Source: 18.25.050, modified]
A. Permit Required. A container or storage unit is not allowed unless there is a Grading Permit or Building Permit for construction on the site and a zoning permit has been issued for the container or storage unit. The permitted container or storage unit will be allowed only during the construction period. [Source: 18.25.050.A, modified] B. General Standards. The container or storage unit shall comply with the following standards:
[Source: 18.25.050.B, modified]
1. Be located at least five feet from the property line of any adjacent residential use; [Source: 18.25.050.B.1, modified]
2. Have a maximum heigh of 16 feet; [Source: 18.25.050.B.2, modified]
3. Comply with the Traffic Safety Visibility Area requirements established in Section
18.45.070 in Part 3 of this Title and must not impede emergency access; and [Source:
18.25.050.B.3, modified]
4. Not displace necessary parking spaces. [Source: 18.25.050.B.4, modified] C. Exception. A transport trailer located inside a loading dock is not subject to the requirements of this Section. [Source: 18.25.050.C, modified]
18.25.070 Eating and Drinking Establishments
The following supplemental development regulations shall apply to eating and drinking establishments with regularly scheduled live entertainment, outdoor seating, or take-out service, except for limited takeout service, as defined in Section 18.200.030 (Commercial Land Use Classifications): [Source:
18.25.070, modified]
A. Live Entertainment. Establishments that offer live entertainment or dancing inside of the building shall comply with all applicable standards established in Section 18.25.110 (Live Entertainment). [Source: NEW]
B. Take-Out Service. The area within at least a 300-foot radius of an establishment with take-out service shall be maintained free of debris originating from the establishment. If a Use Permit is required, the Use Permit may contain a condition requiring the operator to retain a contracted
10.2.e
Packet Pg. 512
Part 2 – Zoning District Regulations and Development Standards Chapter 18.25 Revised Preliminary Draft – October 2024
103
litter cleanup service or use identifiable containers and napkins for all carry-out food if the Zoning Administrator determines that a litter problem exists. [Source: 18.25.070.A, modified] C. Outdoor Seating.
1. Up to 12 Outdoor Seats. An establishment is allowed to provide up to 12 outdoor seats if all of the following are met: [Source: 18.25.070.B, modified] a. No required parking spaces are eliminated or restricted in order to provide the outdoor seating; [Source: 18.25.070.B]
b. All legal requirements for alcoholic beverage sales or services are being met; and [Source: 18.25.070.B]
c. The use does not violate State, Federal, or local laws for handicapped accessibility. [Source: 18.25.070.B, modified]
2. More than 12 Outdoor Seats. An establishment may be allowed to provide more than 12 outdoor seats with the approval of a Use Permit. [Source: NEW]
18.25.080 Firearm Sales
A. Purpose and Applicability.
1. The following standards apply to businesses that provide firearm sales as defined in Section 18.200.030 (Commercial Land Use Classifications). The findings established in Section 9.35.010.A (Findings) of Chapter 9.35 (Firearms) are hereby incorporated by reference.
2. The purpose of this Section is to advance the public health, safety, and welfare by imposing reasonable locational restrictions on any entity that establishes a firearm sales business in the city. [Source: 18.25.160, modified] B. Locational Restrictions. [Source: 18.25.160.A, modified]
1. Allowed Zoning Districts. Subject to the other limitations of this Chapter and the Pleasant Hill Municipal Code, firearm sales may be located in the RB, PAO, C, and LI zoning districts provided all standards and requirements of this Section are met. [Source: 18.25.160.A.1, modified]
2. General Requirements. It shall be unlawful to establish any firearm sales business in any zoning district where firearm sales are permitted unless the applicant provides proof that the property where the proposed firearm sales will be conducted is not:
[Source: 18.25.160.A.2, modified]
a. Within 150 feet from any residence, when measured from the nearest property line of any residence to the door of the firearm sales business; [Source:
18.25.160.A.2.a, modified]
b. Within 1,000 feet of any site occupied by a day care, as defined in Section
18.190.050 (Public and Semi-Public Land Use Classifications), when measured from the closest points of the exterior property lines or area boundaries of the parcels or properties involved, except that when an applicant
10.2.e
Packet Pg. 513
Chapter 18.25 Commercial, Office, and Industrial Zoning Districts 104
occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied; [Source: 18.25.160.A.2.b, modified]
c. Within 1,000 feet of school (public or private), as defined in Section 18.190.050 (Public and Semi-Public Land Use Classifications), or any college or university when measured from the closest points of the exterior property lines or area boundaries of the parcels or properties involved, except that when an applicant occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied; [Source: 18.25.160.A.2.c, modified]
d. Within 500 feet of the property line of a public park, when measured from the closest points on the exterior property lines or area boundaries of the parcels or properties involved, except that when an applicant occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied. [Source: 18.25.160.A.2.d]
3. C, RB, and Commercial PUD Zoning Districts. Notwithstanding any other provision of this Section, a firearm sales business may be located on any part of a lot in a C, RB, or Commercial PUD zoning district if an applicant provides proof that any portion of said lot is not within the locational restrictions in Subparagraphs B.2.a through B.2d of this Section. [Source: 18.25.160.A.3, modified]
4. PAO Zoning District. Consistent with the use regulations in this Chapter for any retail sales in a PAO zoning district (see L-2 in Table 18.25-1), a firearm sales business may only be located in a PAO zoning district as an accessory use if limited to the ground floor, as specified in Section 18.25.050 (Accessory Structures and Uses: Commercial, Office, and Industrial Districts). [Source: 18.25.160.A.4, modified]
5. LI Zoning District. Consistent with the use regulations in this Chapter for any retail sales in the LI zoning district (see L-4 in in Table 18.25-1), a firearm sales business may only be located in the LI zoning district as an accessory use to the primary use, occupying no more than 25 percent of the floor area of the primary use. Retail sales by separate tenants are not allowed. [Source: 18.25.160.A.4, modified] C. Timing and Nonconforming Use. [Source: 18.25.160.B, modified]
1. The locational restrictions in Subparagraphs B.2.a through B.2.d of this Section shall apply as of the date the applicant submits an application for a Zoning Permit in accordance with Chapter 18.160 (Zoning Permit) to establish a firearm sales business. [Source: 18.25.160.B.1, modified]
2. Subject to Subsection D of this Section, the establishment of any firearm sales business shall include the opening of such a business as a new business, the relocation of the business, conversion of an existing business to any firearm sales use, or the transfer or sale of a firearm sales business to a new owner. Expansion or relocation of a firearm sales business at an existing location, including within the same shopping center or site, is not deemed a change in business location or relocation of such a business. [Source: 18.25.160.B.2, modified]
10.2.e
Packet Pg. 514
Part 2 – Zoning District Regulations and Development Standards Chapter 18.25 Revised Preliminary Draft – October 2024
105
3. Any firearm sales business operating as a conforming use under this Chapter with all applicable licenses and permits, including businesses pursuant to Paragraph D.1 of this Section, shall not be rendered a legal nonconforming use as specified in Section
18.190.040 (Nonconforming Uses) by the location of a residence, day care, school, or public park. [Source: 18.25.160.B.3, modified]
D. Continued Operation for Existing Firearm Sales Businesses. [Source: 18.25.160.C, modified]
1. The locational restrictions in Subparagraphs B.2.a through B.2.d of this Section shall be inapplicable to any entity engaged in the business of firearm sales in the city and who or which has all valid permits and licenses required by the City, and by State and Federal law as of the effective date of the Ordinance codified in this Section. Any such entity may continue firearm sales at its existing location pursuant to any valid permits and licenses so long as the operator remains fully licensed by all agencies (including, without limitation, obtaining and maintaining the permit required by Chapter 9.35), and has not sold, transferred, or assigned operation of the business after the effective date of this Chapter to any other entity. If any such licenses or permits are revoked, the provisions of this Subsection are inapplicable and the locational restrictions in Subparagraphs B.2.a through B.2d of this Section shall apply. [Source: 18.25.160.C.1, modified]
2. The locational restrictions in Subparagraphs B.2.a through B.2.d of this Section shall be inapplicable to the sale or transfer to a new owner of any existing firearm sales business that meets the requirements of Paragraph D.1 of this Section if the operation of the firearm sales business by the new owner is at the same location or within the same shopping center or site as the prior owner’s permitted business. [Source:
18.25.160.C.2, modified]
E. Zoning Permit Required. No firearm sales business may be established in the city by right. All persons wishing to establish a firearm sales business within the city must submit an application for a Zoning Permit in accordance with Chapter 18.160 (Zoning Permit). It is the burden of the applicant to supply evidence to justify the approval of a Zoning Permit. [Source: 18.25.160.D, modified]
F. Applicability of Other Regulations. The provisions in this Chapter are not intended to provide exclusive regulation of firearm sales businesses. Any entity engaged in the business of firearms sales must comply with any and all applicable regulations imposed in other parts of the Zoning Ordinance, other City ordinances (including, but not limited to, Chapter 9.35), and State and Federal law. [Source: 18.25.160.E, modified]
18.25.090 Hazardous Materials Storage
A. Purpose. The regulations established in this Section are intended to ensure that the use, handling, storage, and transport of hazardous substances comply with all applicable requirements of the California Health and Safety Code and that the City is notified of emergency response plans, unauthorized releases of hazardous substances, and any substantial changes in facilities or operations that could affect the public health, safety, or welfare. It is not the intent
10.2.e
Packet Pg. 515
Chapter 18.25 Commercial, Office, and Industrial Zoning Districts 106
of this Section to impose additional restrictions on the management of hazardous wastes. [Source: 18.25.080, modified]
B. Permit Required. A Use Permit is required for any new commercial, industrial, or institutional use or accessory use, including a major addition or alteration to an existing use, that involves the manufacture, storage, handling, or processing of hazardous substances in sufficient quantities to require a permit for hazardous chemicals under the Uniform Fire Code. Consumer propane tank collection facilities are allowed subject to review and approval of a Zoning Permit by the Zoning Administrator. [Source: 18.25.080.A, modified] C. Hazardous Materials Release Response Plans. Each business located in the city and required by the California Health and Safety Code to prepare a hazardous materials release response plan shall submit copies of all such approved plans, including any corrected plans or revised plans, to the Zoning Administrator once reviewed and approved by the public agency administering these provisions of the California Health and Safety Code. These submittal requirements shall be a condition of approval of a Zoning Permit for all new development where space may be occupied by such a business, and any alteration or addition to an existing building or structure occupied by a business subject to these provisions of the California Health and Safety Code. [Source: 18.25.080.B, modified]
1. Notify the Fire District of any unauthorized release of hazardous substances within 24 hours after the release has been detected and the steps taken to control the release; and [Source: 18.25.080.B.1, modified]
2. Notify the Fire District and the Public Works Director of any proposed abandoning, closing, or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances. [Source: 18.25.080.B.2, modified]
18.25.100 Hours of Operation in the PAO, C, and LI Zoning Districts Any use in the PAO, C, or LI zoning districts that have open parking or wall openings within 100 feet of a residential zoning district, including mixed-use zoning districts that are 100 percent residential, shall not operate between 10:00 p.m. and 7:00 a.m. without a Use Permit. [Source: 18.25.130, modified]
18.25.110 Live Entertainment
The following regulations apply to any use offering scheduled live entertainment, as defined in Section
18.190.030 (Commercial Land Use Classifications). [Source: 18.25.090, modified] A. General Requirements.
1. Exits, not limited to emergency use only, shall generally be directed away from any residential zoning district adjoining the site. [Source: 18.25.090.A, modified]
2. The live entertainment use shall be conducted in a manner that does not result in significant negative effects related to litter, noise, loitering, parking, or traffic circulation. [Source: 18.25.090.B, modified]
B. Types of Live Entertainment. Approval of a live entertainment use applies only to the type of entertainment specified on the permit, a change in the type of live entertainment use requires a separate permit approval from the City in accordance with Subsection D. [Source:
18.25.090.C, modified]
10.2.e
Packet Pg. 516
Part 2 – Zoning District Regulations and Development Standards Chapter 18.25 Revised Preliminary Draft – October 2024
107
C. Permit Required. The following permits are required for the different live entertainment types.
The zoning districts in which live entertainment is allowed are identified in the land use regulations table for the underlying zoning district. [Source: NEW]
1. Type A live entertainment requires the review and approval of a Zoning Permit.
2. Type B live entertainment requires the review and approval of a Use Permit
3. Type C live entertainment require the review and approval of a Use Permit.
4. Permanent outdoor live entertainment of any type requires the review and approval of a Use Permit.
5. Temporary live entertainment events, as defined in Section 18.190.070 (Temporary Land Use Classifications) require the review and approval of a Temporary Use Permit; [Source: 18.25.090.D, modified]
D. Additional Requirements for Type B and Type C Live Entertainment Uses. The applicant and any employees, partners, directors, officers, or managers, may not have been convicted of any of the following offenses within the prior five years. The Police Department shall conduct a background investigation, which may be waived at the discretion of the Police Department. [Source: 18.25.090.E, modified]
1. A crime requiring registration under Penal Code Section 290; [Source: 18.25.090.E.1]
2. A violation of Penal Code Sections 311.2 and 311.4 through 311.7; [Source:
18.25.090.E.2]
3. Violation of Penal Code Sections 313.1 through 313.5; [Source: 18.25.090.E.3]
4. Violation of Penal Code Section 647, paragraph a, b, or d; [Source: 18.25.090.E.4]
5. Violation of Penal Code Section 315, 316, or 318; [Source: 18.25.090.E.5]
6. A crime involving the use of force or violence on another; or [Source: 18.25.090.E.6]
7. The maintenance of a nuisance in connection with the same or similar business operation. [Source: 18.25.090.E.7]
E. Adult Entertainment Uses. Any live adult entertainment must comply with Chapter 18.50 (Adult Businesses). [Source: 18.25.090.F, modified]
F. Permit Modification. The Zoning Administrator, at their discretion, may review and modify the permit for live entertainment if more than three separate and verified complaints are received during any 30-day period, or refer the matter to the Planning Commission. [Source:
18.25.090.G, modified]
18.25.120 Outdoor Sales Facility
The following standards apply to outdoor sales facilities in the NB, RB, PAO, C, and LI zoning districts and any applicable mixed-use zoning districts. [Source: 18.25.100, modified] A. Where Permitted.
10.2.e
Packet Pg. 517
Chapter 18.25 Commercial, Office, and Industrial Zoning Districts 108
1. A Minor Use Permit is required, in accordance with Chapter 18.145 (Use Permit), for outdoor display of sales of merchandise, materials, or equipment in an RB, C or LI zoning district, including display of merchandise, materials, and equipment for customer pick-up.
2. A sidewalk cafe and outdoor food service accessory to an eating and drinking establishment are permitted by-right in the NB, RB, and PAO zoning districts, subject to limitations imposed in Section 18.25.020 (Land Use Regulations for Commercial, Office, and Industrial Zoning Districts), provided no outdoor preparation of food or beverages is allowed. [Source: 18.25.100.A, modified]
B. Permit Conditions – Grounds for Denial. A Minor Use Permit for uses established in Paragraph A.1 may include a condition to require setbacks, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic areas as identified in the General Plan. If such impacts cannot be prevented, the Zoning Administrator shall deny the Minor Use Permit application. [Source: 18.25.100.B, modified] C. Screening.
1. Screening shall be provided as prescribed by the Minor Use Permit.
2. Each vending machine located in residential zoning district or within 300 feet of a residential zoning district, except for a machine located on the site of a service station, shall be buffered from view from the public right-of-way. [Source: 18.25.100.C, modified]
18.25.130 Outdoor Donation Collection Facility
The following standards apply to outdoor donation collection facilities in the NB, RB, PAO, C and LI zoning districts and any applicable mixed-use zoning districts: [Source: 18.25.105, modified] A. Where Permitted. A Minor Use Permit, in accordance with Chapter 18.145 (Use Permit) is required for outdoor donation collection of clothes, books, equipment, merchandise, or similar items. [Source: 18.25.105.A, modified]
B. Permit Conditions – Grounds for Denial. A Minor Use Permit for outdoor donation collection facilities may include a condition to require setbacks, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic areas as identified in the General Plan. If such impacts cannot be prevented, the Zoning Administrator shall deny the Use Permit application. [Source: 18.25.105.B, modified] C. Screening.
1. Screening shall be provided as prescribed by the Minor Use Permit.
2. Any outdoor donation collection facility located within 300 feet of a residential use shall be buffered from view from the public right-of-way. [Source: 18.25.105.C, modified]
18.25.140 Recycling Facility
The following standards govern recycling facilities including collection and processing facilities. [Source: 18.25.140, modified]
10.2.e
Packet Pg. 518
Part 2 – Zoning District Regulations and Development Standards Chapter 18.25 Revised Preliminary Draft – October 2024
109
A. Permits Required. The placement, construction, or operation of any recycling facility requires a Use Permit (MUP) and, if required, an Architectural Review Permit (ARP) as follows: [Source:
18.25.140.A, modified]
Table 18.25-__
Recycling Facility Permit Requirements
B. Permits for Multiple Sites. The Zoning Administrator may grant a Minor Use Permit to allow more than one reverse vending machine or small collection facility located on different sites, provided the operator of each of the proposed facilities is the same and the proposed facilities are determined by the Zoning Administrator to be similar in nature, size, and intensity of activity.
All other facility types require separate permit applications for each site. [Source: 18.25.140.B, modified]
C. Design Criteria and Standards. [Source: 18.25.140.C]
1. Setbacks.
a. All collection facilities shall be set back at least 20 feet from a street property line and 10 feet from an interior property line. In addition, a collection facility with more than 500 square feet of floor area shall be located at least 150 feet from a residential zoning district. [Source: 18.25.140.C.1, modified] b. A container for the 24-hour donation of materials shall be at least five feet from the boundary of a residential zoning district. [Source: 18.25.140.C.4, modified]
2. Machine Signs. Each machine in a collection facility shall be clearly marked with a sign that identifies the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative. [Source: 18.25.140.C.2, modified]
3. A reverse vending machine installation shall use exterior materials and colors that are compatible with adjacent residential uses and other businesses on the site. [Source:
18.25.140.C.3]
4. No collection facility shall be used at any time for collection of refuse or hazardous waste, except used motor oil accepted for recycling in accord with California Health and Safety Code Section 25250.11. [Source: 18.25.140.C.5, modified]
5. Processing Facilities.
Type of Facility Zoning Districts Permit Required
Single-Feed Reverse Vending
Machine(s) RB, NB, C and LI None
Bulk Reverse Vending Machine and
Small Collection Facilities (500 sq. ft.
or less) RB, NB and LI UP, ARP
Large Collection Facility (Over 500 sq.
ft.) RB, NB, and LI UP, ARP
Light Processing Facility (Less than
45,000 sq. ft.) C and LI UP, ARP
Heavy Processing Facility (Over
45,000 sq. ft.) LI UP, ARP
10.2.e
Packet Pg. 519
Chapter 18.25 Commercial, Office, and Industrial Zoning Districts 110
a. In a processing facility, mechanical operations such as flattening, sorting, compacting, bailing, shredding and grinding shall take place within a fully enclosed building or within an area enclosed by a solid wood or masonry fence at least eight feet in height and at least 150 feet from a residential zoning district. [Source: 18.25.140.C.6, modified]
b. A processing facility shall be buffered by a landscape strip at least 10 feet wide along each property line. [Source: 18.25.140.C.7]
c. No processing facility shall operate between 8:00 p.m. and 8:00 a.m. if the facility is located within 500 feet of residential zoning district. [Source:
18.25.140.C.8, modified]
D. Site Clean-Up Required. The operator and host business of any recycling, collection or processing facility shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the containers, bins or enclosures intended as receptacles for such materials. Failure to remove such materials or refuse after notice by the City shall constitute grounds for permit revocation, in accordance with Section 18.135.040 (Revocation or Modification of Discretionary Permits). [Source: 18.25.140.D, modified]
18.25.150 Service Station and Automobile Washing
The following development standards shall apply to the “automobile service station” and “automobile washing and exterior protection” use classifications. [Source: 18.25.120, modified] A. Landscaping.
1. Perimeter planting areas shall comply with the standards for parking lots as established in Section 18.70.120 (Screening, Lighting, and Landscaping), except where a building adjoins an interior property line. [Source: 18.25.120.A, modified
2. A minimum of 15 percent of the site area shall be landscaped. [Source: 18.25.120.A, modified]
B. Storage of Materials and Equipment. A display rack for automobile products no more than four feet wide may be maintained at each pump island of a service station. If a display rack is not located on a pump island, it shall be placed within three feet of the principal building, and there may be no more than one per street frontage. [Source: 18.25.120.B, modified] C. Storage of Vehicle Parts and Dismantled Vehicles. All discarded parts, dismantled vehicles, wrecked vehicles, or vehicles under repair shall be stored or located in an enclosed storage area. [Source: 18.25.120.C, modified]
18.25.160 Vehicle Storage
The following standards apply to any areas designated for vehicle storage use: [Source: 18.25.150, modified]
A. The vehicle storage lot area shall be entirely screened with a solid, aesthetically pleasing barrier at least eight feet in height. [Source: 18.25.150.A, modified] B. The storage facilities shall incorporate sound attenuation solutions to comply with Chapter
18.75 (Performance Standards). [Source: 18.25.150.B, modified]
10.2.e
Packet Pg. 520
Part 2 – Zoning District Regulations and Development Standards Chapter 18.25 Revised Preliminary Draft – October 2024
111
C. When within 100 feet of a residential zoning district, the use shall not operate between the hours of 10:00 p.m. and 7:00 a.m. without the approval of a Use Permit. [Source: 18.25.150.C, modified]
D. The use shall comply with the City’s national pollutant discharge elimination system (NPDES) regulations as established in Chapter 15.05. [Source: 18.25.150.D, modified]
10.2.e
Packet Pg. 521
Chapter 18.30 Planned Unit Development (PUD) and Precise Plan Districts (PPD)
112
Chapter 18.30
Planned Unit Development
(PUD) and Precise Plan
Districts (PPD)
10.2.e
Packet Pg. 522
Part 2 – Zoning District Regulations and Development Standards Chapter 18.30 Revised Preliminary Draft – October 2024
113
Chapter 18.30 Planned Unit Development (PUD) and
Precise Plan Districts (PPD)
Sections
18.30.010 Purpose
18.30.020 Existing Planned Unit Development (PUD) And Precise Plan Districts (PPD)
18.30.030 Land Use Regulations for PUDs and PPDs
18.30.040 Development Standards for Planned Unit Development (PUD) And Precise Plan Districts (PPD)
18.30.050 Concept Plan
18.30.060 Establishment of a PUD Zoning District
18.30.070 Development Plan and Architectural Review
18.30.080 Zoning Map Designation
18.30.010 Purpose
In addition to the general purposes listed in Section 18.05.020 (Purposes), the specific purposes of the planned unit development and precise plan zoning districts are to: [Source: 18.30.010, modified] A. Establish a procedure for the development of large lots of land to reduce or eliminate the rigidity, delays, and conflicts that otherwise would result from application of zoning standards and procedures designed primarily for small lots. [Source: 18.30.010.A, modified] B. Ensure orderly and thorough planning and review procedures that will result in quality urban design. [Source: 18.30.010.B]
C. Encourage variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenities. [Source: 18.30.010.C] D. Encourage allocation and improvement of common open space in residential areas and provide for maintenance of the open space at the expense of those directly benefiting from it. [Source:
18.30.010.D, modified]
E. Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods. [Source: 18.30.010.E]
18.30.020 Existing Planned Unit Development (PUD) And Precise Plan Districts (PPD)
Land use and development regulations for a PUD or PPD existing as of October 21, 1995 (the date of adoption of Ordinance No. 710), shall be determined in accordance with Table 18.05-__ (Zoning District Classifications) in Part 1 of this Title, unless the existing PUD or PPD has an adopted land use and development schedule. In the event of a conflict between applicable zoning district regulations, the
10.2.e
Packet Pg. 523
Chapter 18.30 Planned Unit Development (PUD) and Precise Plan Districts (PPD)
114
more restrictive provisions shall apply unless otherwise determined by the Zoning Administrator based on physical site characteristics. [Source: 18.30.020, modified]
18.30.030 Land Use Regulations for PUDs and PPDs
The following land uses are allowed in a PUD and PPD:
A. No use other than an existing use is allowed on a lot in a PUD or PPD zoning district except in accordance with an approved PUD or Specific Plan.
B. Any permitted or conditional use authorized by this Title may be included in an approved PUD or an adopted Specific Plan provided it is consistent with the underlying General Plan land use designation(s) for the lot(s) in which the PUD is located. [Source: 18.30.020, modified]
18.30.040 Development Standards for Planned Unit Development (PUD) And Precise Plan Districts (PPD)
A. Minimum Area. The minimum area of a PUD shall be four contiguous acres. The City Council may approve a PUD that is less than four acres, if one of the following applies: [Source:
18.30.040.A, modified]
1. Is at least two acres, upon a finding that special site characteristics exist; or[Source:
18.30.040.A, modified]
2. Is at least one acre if the project site is located in a nonresidential General Plan land use classification, upon a finding that special site characteristics exist. [Source:
18.30.040.A, modified]
B. Residential Unit Density. The total number of dwelling units in a PUD shall not exceed the minimum number allowed by the applicable General Plan land use designation for the total area allocated to residential use unless findings under Government Code Section 65589.5 are met. In no instance shall the maximum number of dwelling units exceed the maximum allowed by the applicable General Plan land use designation unless a density bonus is approved under Section 18.15.090 (Density Bonus). [Source: 18.30.040.B, modified] C. Performance Standards. The performance standards established in Chapter 18.75 (Performance Standards) shall apply to all PUDs and PPDs. [Source: 18.30.040.C, modified] D. Other Development Standards. All development in a PUD or PPD shall comply with all other development standards established in the approved PUD or Specific Plan. [Source:
18.30.040.D, modified]
E. Accessory Dwelling Units. Any accessory dwelling unit(s) approved within a PUD shall comply with all applicable standards established in Section 18.15.050 (Accessory Dwelling Unit (ADU and JADU)). [Source: 18.30.040.D, modified]
18.30.050 Concept Plan
For a site to be rezoned to PUD, a written concept plan shall be adopted as part of the ordinance. The concept plan shall include a text and diagram(s) that specify: [Source: 18.30.050, modified] A. The distribution, location, and extent of the uses of land, including open space, within the area covered by the PUD. [Source: 18.30.050.A, modified]
10.2.e
Packet Pg. 524
Part 2 – Zoning District Regulations and Development Standards Chapter 18.30 Revised Preliminary Draft – October 2024
115
B. The proposed distribution and location of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other facilities proposed to be located in the area covered by the PUD and needed to support the land uses described in the PUD. [Source: 18.30.050.B, modified]
C. Standards and criteria by which development will proceed, and standards for conservation, development, and utilization of natural resources including geological features, where applicable. [Source: 18.30.050.C, modified]
D. A land use regulation table defining the permitted, conditional, temporary, and accessory uses allowed in the PUD. [Source: 18.30.050.D, modified]
E. A development regulation table establishing the physical standards for development including, but not limited to, setbacks, building heights, building coverage, and floor area ratios. [Source:
18.30.050.E, modified]
F. Design criteria for all landscaped areas, buildings, and structures. [Source: 18.30.050.F, modified]
G. A statement on the relationship of the proposed rezoning to the General Plan. [Source:
18.30.050.G modified]
18.30.060 Establishment of a PUD Zoning District
A. Application Process and Procedure.
1. Application. For a site to be rezoned to a PUD, the applicant shall submit an application to initiate an amendment to the Zoning Map and Zoning Ordinance in accordance with Chapter 18.170 (Amendments – Zoning Ordinance and Zoning Map) along with a proposed PUD Concept Plan that complies with Section 18.30.040 (Concept Plan) or a Specific Plan, if prepared. [Source: NEW]
2. General Processes. Once the application materials are deemed complete, the Zoning Administrator shall prepare a report and schedule a public hearing in accordance with Chapter 18.170 (Amendments – Zoning Ordinance and Zoning Map). Before the Planning Commission consideration of the PUD request for rezoning, the Architectural Review Commission shall review and make recommendations to the Planning Commission. [Source: 18.30.060]
B. Review Authority. The City Council has the final authority to approve, conditionally approve, or deny a request to rezone to a PUD or PPD zoning district by resolution. Before City Council review and action, the Architectural Review Commission and Planning Commission shall review and provide recommendations on the PUD or Specific Plan in accordance with this Section.
C. Architectural Review Commission Action. The Architectural Review Commission may recommend approval or conditional approval of a PUD application to the Planning Commission upon finding that: [Source: 18.30.060.A, modified]
1. The design of the structures conforms to the topographic features of the site; [Source:
18.30.060.A.1, modified]
10.2.e
Packet Pg. 525
Chapter 18.30 Planned Unit Development (PUD) and Precise Plan Districts (PPD)
116
2. The design of the structures enhances the natural attributes of the site; [Source:
18.30.060.A.2, modified]
3. The scale and bulk of the structures are appropriate to the site; and [Source:
18.30.060.A.3, modified]
4. The landscape plan is appropriate to the site. [Source: 18.30.060.A.4, modified] D. Planning Commission Recommendation. The Planning Commission shall consider an application for rezoning to a PUD zoning district in accordance with Chapter 18.170 (Amendments – Zoning Ordinance and Zoning Map), and shall, at the same time, consider the proposed PUD plan or Specific Plan accompanying the application. A Planning Commission recommendation to rezone to a PUD zoning district shall be accompanied by a recommendation to approve a PUD Concept Plan or Specific Plan. The Planning Commission may recommend approval or conditional approval of a PUD Concept Plan and a request to rezone to a PUD or PPD zoning district or recommend approval or conditional approval of a Specific Plan upon finding that: [Source: 18.30.060.B, modified]
1. The PUD or Specific Plan is consistent with the General Plan and other applicable policies and is compatible with surrounding development; [Source: 18.30.060.B.1, modified]
2. The PUD or Specific Plan will enhance the potential for superior urban design in comparison with the development under the underlying zoning district regulations that would apply if the plan were not approved; [Source: 18.30.060.B.2, modified]
3. Deviations from the underlying zoning district regulations are justified through compensating benefits of the PUD or Specific Plan; [Source: 18.30.060.B.3, modified]
4. The PUD or Specific Plan includes adequate provisions for utilities, services, and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems; and [Source: 18.30.060.B.4, modified]
5. The PUD or Specific Plan has been considered by the Architectural Review Commission in accordance with Subsection C of this Section. [Source: 18.30.060.B.5, modified]
E. City Council Action. After a public hearing, the council shall approve, modify, or reject the Planning Commission’s recommendation; provided, that a modification not previously considered by the Planning Commission shall be referred to the Planning Commission for a report before adoption of an ordinance amending the zoning regulations or map. Failure of the Planning Commission to report within 60 days after referral, or other period designated by City Council, shall be deemed an approval by the Planning Commission of the proposed modification. Prior to adoption of an ordinance establishing a PUD zoning district or a resolution adopting a Specific Plan, the City Council shall make findings that the proposed ordinance or map amendment and the PUD or Specific Plan is consistent with the policies of the General Plan and the notice and hearing provisions of this Title. [Source: 18.30.060.C, modified] F. Concurrent Submittal. A Development Plan, Architectural Review Permit, Use Permit, and/or any associated permits may be submitted for review concurrently with a PUD application. In a concurrent submittal, the City Council shall be the final decision-maker on all applications after
10.2.e
Packet Pg. 526
Part 2 – Zoning District Regulations and Development Standards Chapter 18.30 Revised Preliminary Draft – October 2024
117
considering recommendations from the Planning Commission and/or Architectural Review Commission as applicable. [Source: 18.30.060.D, modified]
18.30.070 Development Plan and Architectural Review
A. Plans for a project within a PUD or PPD shall be accepted for Development Plan review in accordance with Chapter 18.115 (Development Plan) and architectural review in accordance with Chapter 18.110 (Architectural Review Permits) only if they are consistent with an approved PUD or PPD or Specific Plan for that PUD or PPD zoning district. No project may be approved and no Building Permit issued unless the project, alteration, or use is consistent with an approved PUD or PPD Concept Plan or an approved Specific Plan. [Source: 18.30.080, modified]
B. Changes to a PUD or PPD.
1. Minor changes to an existing PUD or PPD, as determined by the Zoning Administrator, are not subject to Chapter 18.110 (Architectural Review Permits). [Source: 18.30.080, modified]
2. The Zoning Administrator shall determine what is major or minor change and has the discretion to make minor changes to an existing PUD or PPD ministerially. Any interested person may appeal the Zoning Administrator’s determination under Chapter
18.175 (Appeals and Calls for Review). [Source: 18.30.080, modified]
18.30.080 Zoning Map Designation
A PUD or PPD zoning district shall be noted on the Zoning Map by the designations “PUD” or “PPD,” followed by the approved ordinance number of the rezoning. An approved Specific Plan shall also be noted on the Zoning Map. [Source: 18.30.070, modified]
10.2.e
Packet Pg. 527
Chapter 18.35 Hillside Planned Unit Development (HPUD)
118
Chapter 18.35
Hillside Planned Unit
Development (HPUD)
10.2.e
Packet Pg. 528
Part 2 – Zoning District Regulations and Development Standards Chapter 18.35 Revised Preliminary Draft – October 2024
119
Chapter 18.35 Hillside Planned Unit Development
(HPUD)
Sections
18.35.010 Purpose
18.35.020 Applicability
18.35.030 Land Use Regulations for Hillside Planned Unit Development District (HPUD)
18.35.040 Design Standards for Hillside Planned Unit Development District (HPUD)
18.35.050 Concept Plan
18.35.060 Establishment of an HPUD Zoning District
18.35.070 Development Plan and Architectural Review
18.35.080 Zoning Map Designation
18.35.010 Purpose
In addition to the general purposes listed in Section 18.05.020 (Purposes), the specific purposes of the Hillside Planned Unit Development (HPUD) zoning district are to: [Source: 18.35.010, modified] A. Preserve the physical and visual identity of the hills and ridgelines of Pleasant Hill and the natural geologic conditions consistent with the City-Wide Design Guidelines while allowing controlled development. [Source: 18.35.010.A, modified] B. Utilize performance standards and specific regulations to ensure that utilization of land for urban purposes is kept in balance with the need to conserve natural resources and protect life and property from natural hazards. [Source: 18.35.010.B] C. Ensure orderly and thorough planning and review procedures that will result in quality urban design. [Source: 18.35.010.C]
18.35.020 Applicability
A. The HPUD zoning district shall be imposed upon any lot or site that has a General Plan residential land use designation with an average slope of 15 percent or greater. Residential lots, with an average slope of 15 percent or greater, which are subdivided to their maximum density and in a zoning district other than HPUD shall be exempt from the requirements of this Chapter except for Subsections B, D, and E of Section 18.35.040 (Development Standards for Hillside Planned Unit Development Zoning District) and Section 18.35.050 (Design Standards for Hillside Planned Unit Development Zoning District). [Source: 18.35.020, modified] B. Exemptions. The following Housing Opportunity sites, as identified in the 6th Cycle Housing Element, are exempt from the regulations established in this Chapter. [Source: NEW]
1. APN - 154-140-015 (Morello Terraces)
10.2.e
Packet Pg. 529
Chapter 18.35 Hillside Planned Unit Development (HPUD)
120
2. APN 152-010-004 (Paso Nogal)
18.35.030 Land Use Regulations for Hillside Planned Unit Development District (HPUD)
Table 18.35-1 (Hillside Planned Unit Development Land Use Regulations) sets forth the land use regulations for the HPUD district as established by letter designations as follows: [Source: 18.35.030] Table 18.35-1: Hillside Planned Unit Development Land Use Regulations Key
P = Permitted; U = Use Permit Required; T = Temporary Use Permit Required; (-) = Not Allowed; L = Permitted with Limitations, P/U = Permitted on site of a permitted use
Land Use
Permit Requirement
by Zoning District
Additional Use Regulations
HPUD
Residential Uses
Accessory dwelling unit P Section 18.15.050
Accessory dwelling unit, junior P Section 18.15.050
Employee housing P
Family day care home P
Home occupation U Section 18.15.110.
Residential care facility, small, licensed P
Residential care facility, small,
unlicensed
U
Single-family residential P
with boarder or lodger P No more than 3 boarders or lodgers in rooms with no kitchen facilities.
Supportive Housing P
Transitional Housing P
Public and Semipublic Uses
Day care, general U
Park and recreational facilities U
Place of assembly U
Public safety facilities U
Offender rehabilitation services –
Residential Care facility, large, licensed
or unlicensed
U
School, college and university U
10.2.e
Packet Pg. 530
Part 2 – Zoning District Regulations and Development Standards Chapter 18.35 Revised Preliminary Draft – October 2024
121
Table 18.35-1: Hillside Planned Unit Development Land Use Regulations Key
P = Permitted; U = Use Permit Required; T = Temporary Use Permit Required; (-) = Not Allowed; L = Permitted with Limitations, P/U = Permitted on site of a permitted use
Land Use
Permit Requirement
by Zoning District
Additional Use Regulations
HPUD
School, private U
School, technical/trade and vocational U
Utilities, major U
Utilities, minor P
Commercial Uses
Animal boarding L-1
Horticulture, limited P
Riding academy L-1
Accessory Uses
Accessory Uses P/U L-2
Temporary Uses
Agricultural sales T
Commercial filming, limited T
Personal property sales P Section 18.200.080 and Chapter 18.150.
Street fairs T
Limitations on Specific Use Classifications
L-1 The keeping of large animals on a site of at least one acre is permitted with no more than two large animals per acre. Any barn, stable or other structure used to house large animals shall be located at least 100 feet from the boundary line of a street or public road and at least 50 feet from a side, front or rear property line.
L-2 Domestic and small animals are permitted, except no more than three mature dogs and no more than five mature cats or rabbits and five hens may be kept, harbored, possessed or maintained on any parcel. Farm animals including roosters, geese, turkeys, pigs, goats and sheep are not permitted.
10.2.e
Packet Pg. 531
Chapter 18.35 Hillside Planned Unit Development (HPUD)
122
A. Residential Unit Density. The number of residential units allowed on a site in the HPUD zoning district shall be computed based on the average percent of slope of the natural terrain of the site and the allowable density per net acre associated with that average percentage, as shown in Table 18.35-2 (Slope Density Regulations). Any existing legal lot within the HPUD zoning district, with a slope equal to or greater than 15 percent and containing less than 15,000 square feet of gross lot area, may be developed with one single-family dwelling unit and an accessory dwelling unit subject to compliance with all other applicable development standards and design guidelines. Fractional average percent of slope shall be rounded upward to the next whole number, but the maximum number of units allowed on a site in the HPUD zoning district shall not be rounded upward to the nearest whole number. Table 18.35-2 (Slope Density Regulations) also shows in column (2) the average lot area that must be achieved for each slope percentage based upon the maximum allowable density. [Source: 18.35.040.A, modified] B. Performance Standards. [Source: 18.35.040.B, modified]
1. Grading. On lots with 15percent to 29.9 percent slopes, the grading is limited to no more than 30 percent of the gross site area. On slopes in excess of 29.9 percent, the grading is limited to no more than 15 percent of the gross site area. [Source:
18.35.040.B.1, modified]
2. Impervious Surface Coverage. Impervious surfaces are those which do not absorb water; including all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt. On lots with 15 percent to 29.9 percent slopes, the impervious surface coverage is limited to 15 percent of the gross site area. On slopes in excess of 30 percent, the impervious surface coverage is limited to eight percent of the gross site area. [Source: 18.35.040.B.2, modified]
3. Noncompliance. If the grading or impervious surface coverage standards are not met, allowable density shall be reduced until both standards are met. [Source:
18.35.040.B.3]
C. Reduced Density for Environmental Impact Mitigation. The Planning Commission shall reduce the allowable number of residential dwelling units allowed on a site upon finding that such reduced density is required to preserve the physical and visual identity of the hills and ridgelines, protect natural vegetation including trees, retain scenic corridors, or provide for adequate drainage or appropriate internal circulation, and upon making the required findings under Government Code Section 65589.5. [Source: 18.35.040.C, modified] D. Height. No dwelling or structure shall exceed a height of 35 feet. [Source: 18.35.040.D, modified]
E. Other Development Regulations. The requirements and standards for setbacks applicable to a development in an HPUD zoning district are those standards established for residential zoning districts similar in nature and function to the proposed development unless modified by the design standards in Section 18.35.050 (Design Standards for Hillside Planned Unit Development Zoning District). The requirements and standards for public improvements are those which apply in other residential zoning districts in the city, unless modified by the Planning Commission because of special topographical and design considerations. [Source:
18.35.040.E, modified]
10.2.e
Packet Pg. 532
Part 2 – Zoning District Regulations and Development Standards Chapter 18.35 Revised Preliminary Draft – October 2024
123
Table 18.35-2: Slope Density Regulations
15 2.904 15,000
16 2.848 15,294
17 2.734 15,932
18 2.624 16,664
19 2.489 17,501
20 2.360 18,457
21 2.227 19,559
22 2.000 21,780
23 1.954 22,292
24 1.815 24,000
25 1.678 25,959
26 1.541 28,267
27 1.406 30,981
28 1.275 34,164
29 1.147 37,977
30 1.025 42,497
31 0.908 47,973
32 0.798 55,209
33 0.696 62,586
34 0.601 72,479
35 0.515 84,582
36 0.438 99,225
37 0.372 117,096
38 0.315 138,285
39 0.270 161,081
40 0.236 184,576
41 0.213 204,507
42 0.201 216,716
43 or more 0.200 217,800
18.35.040 Design Standards for Hillside Planned Unit Development District (HPUD)
A. Grading. Streets, buildings, and other manmade structures shall be designed to complement the natural terrain and landscape. [Source: 18.35.050.A] B. Ridge Views. The location of structures shall not disrupt the natural silhouette of prominent ridges as viewed from a public street. [Source: 18.35.050.B, modified] C. Landscaping. Landscaping of areas around structures shall provide a smooth transition and blend into the natural landscape. Native and other drought-tolerant plants shall be used except immediately adjacent to residential structures. Graded areas shall be replanted to protect them from soil erosion and to eliminate visual scarring. [Source: 18.35.050.C] D. Building Design. To reduce visual impacts and the amount of grading, both upslope and downslope units are encouraged. [Source: 18.35.050.D, modified] E. Street Design. The pattern of roadways in the hillsides shall be based upon good engineering practice and upon the general policy of maintaining the natural environmental setting of the hillside. In response to this policy, public rights-of-way shall be aligned in a manner to avoid existing trees and riparian environments. In cases where it is necessary to place rights-of-way Average Percent Slope Allowable Density
(Dwelling Units per Net Acre)
Average Lot Area Required
(Sq. Ft.)
10.2.e
Packet Pg. 533
Chapter 18.35 Hillside Planned Unit Development (HPUD)
124
on or near the ridge tops, grading for roadways shall be minimized to reduce visual scarring.
The specific road alignments shall be based upon the following constraints: [Source:
18.35.050.E, modified]
1. Volume of traffic; [Source: 18.35.050.E.1]
2. Topography; [Source: 18.35.050.E.2]
3. Public safety; [Source: 18.35.050.E.3]
4. Lot size and on-street parking needs; and [Source: 18.35.050.E.4]
5. Drainage requirements. [Source: 18.35.050.E.5]
F. Visitor Parking. Parking bays for visitor parking are encouraged. [Source: 18.35.050.F, modified]
G. Emergency Access. Emergency access shall be provided to open space areas, especially to the rear of dwellings or dwelling groups. [Source: 18.35.050.G, modified] H. Nonvehicular Circulation. Separate pedestrian circulation and trail plans, according to the General Plan, shall be provided. [Source: 18.35.050.H, modified] I. Clustering. Encourage clustering of homes to assist in the protection of natural features such as large trees, knolls, rock, outcroppings, riparian areas, and scenic corridors. [Source:
18.35.050.I, modified]
18.35.050 Concept Plan
The City Council shall approve a Concept Plan at the same time that it adopts an ordinance establishing an HPUD zoning district. The Concept Plan shall include a text and diagram or diagrams which specify:
[Source: 18.35.060, modified]
A. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. [Source: 18.35.060.A, modified]
B. The proposed distribution and location of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other facilities. [Source: 18.35.060.B, modified]
C. Standards and criteria by which development will proceed, and standards for conservation, development and utilization of natural resources, where applicable. [Source: 18.35.060.C, modified]
D. A development regulation schedule establishing the physical standards for development including, but not limited to, setbacks, building heights, building coverage, and floor area ratios. [Source: 18.35.060.D, modified]
E. Design criteria and placement for all buildings and structures. [Source: 18.35.060.E, modified] F. A statement on the relationship of the proposed rezoning to the General Plan. [Source:
18.35.060.F, modified]
18.35.060 Establishment of an HPUD Zoning District
A. Application Process and Procedure.
10.2.e
Packet Pg. 534
Part 2 – Zoning District Regulations and Development Standards Chapter 18.35 Revised Preliminary Draft – October 2024
125
1. Application. For a site to be rezoned to a HPUD zoning district, the applicant shall submit an application to initiate an amendment to the Zoning Map and Zoning Ordinance in accordance with Chapter 18.170 (Amendments – Zoning Ordinance and Zoning Map) along with a proposed HPUD Concept Plan that complies with Section
18.35.040 (Concept Plan). [Source: NEW]
2. General Processes. Once the application materials are deemed complete, the Zoning Administrator shall prepare a report and schedule a public hearing in accordance with Chapter 18.170 (Amendments – Zoning Ordinance and Zoning Map). Before the Planning Commission’s consideration of the HPUD request for rezoning, the Architectural Review Commission shall review and make recommendations to the Planning Commission. [Source: 18.35.060]
B. Review Authority. The City Council has the final authority to approve, conditionally approve, or deny a request to rezone to a HPUD zoning district by resolution. Before City Council review and action, the Architectural Review Commission and Planning Commission shall review and provide recommendations on the hPUD or Specific Plan in accordance with this Section. [Source: NEW]
C. Architectural Review Commission Action. The Architectural Review Commission may recommend approval or conditional approval of a proposed HPUD concept plan upon finding that: [Source: 18.35.070.A, modified]
1. The design of the structures conforms to the topographic features of the particular site; [Source: 18.35.070.A.1]
2. The design of the structures enhances the natural attributes of the particular site; [Source: 18.35.070.A.2]
3. The scale and bulk of the structures are appropriate to the particular site; and [Source:
18.35.070.A.3]
4. The HPUD is in substantial compliance with City-Wide Design Guidelines. [Source:
18.35.070.A.4, modified]
D. Planning Commission Recommendation. The Planning Commission shall consider an application for rezoning to a HPUD zoning district in accordance with Chapter 18.170 (Amendments – Zoning Ordinance and Zoning Map), and shall, at the same time, consider the proposed HPUD Concept Plan submitted with the application. A Planning Commission recommendation to rezone to a HPUD zoning district shall be accompanied by a recommendation on the HPUD Concept Plan. The Planning Commission may approve or conditionally approve an HPUD Concept Plan upon finding that: [Source: 18.35.070.B, modified]
1. The HPUD Concept Plan is consistent with the adopted General Plan and other applicable policies and is compatible with surrounding development; [Source:
18.35.070.B.1, modified]
2. Deviations from the base district regulations are justified by compensating benefits of the HPUD plan; [Source: 18.35.070.B.2]
10.2.e
Packet Pg. 535
Chapter 18.35 Hillside Planned Unit Development (HPUD)
126
3. The HPUD Concept Plan includes adequate provisions for utilities services and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems; and [Source: 18.35.070.B.3, modified]
4. The HPUD Concept Plan has been reviewed by the Architectural Review Commission. [Source: 18.35.070.B.4, modified]
E. City Council Action. After a public hearing, the City Council shall approve, modify, or reject the Planning Commission’s recommendation; provided, that any modification not previously considered by the Planning Commission shall be referred to the Planning Commission for a report prior to adoption of an ordinance amending the Zoning Ordinance or Zoning Map. Failure of the Planning Commission to report within 60 days after referral, other period designated by City Council, shall be deemed approval by the Planning Commission of the proposed modification. Before adoption of an ordinance, the City Council shall make findings that the proposed Zoning Ordinance or Zoning MapAmendment is consistent with the policies of the General Plan and the notice and hearing provisions of this Title. [Source: 18.35.070.C, modified]
F. Concurrent Submittal. A Development Plan, Architectural Review Permit, Use Permit, and/or any associated permits may be submitted for review concurrently with an HPUD Concept Plan.
In a concurrent submittal, the City Council shall be the final decision-maker on all applications after considering recommendations from the Planning Commission and/or Architectural Review Commission as applicable. [Source: 18.35.070.D, modified]
18.35.070 Development Plan and Architectural Review
A. Plans for a project in an HPUD zoning district shall be accepted for final development site plan review in accordance with Chapter 18.115 (Development Plan) and architectural review in accordance with Chapter 18.110 (Architectural Review Permits), only if they are consistent with a valid HPUD plan. [Source: 18.35.090, modified]
B. Changes to a HPUD Plan.
1. Minor changes to an existing HPUD plan, as determined by the Zoning Administrator, shall not be subject to Chapter 18.110 (Architectural Review Permits). [Source:
18.35.090, modified]
2. The Zoning Administrator shall determine what is major or minor change and has the discretion to make minor changes to an existing HPUD plan ministerially. Any interested person may appeal the Zoning Administrator’s determination under Chapter
18.175 (Appeals and Calls for Review). [Source: 18.35.090, modified]
18.35.080 Zoning Map Designation
An HPUD zoning district shall be noted on the Zoning Map by the designation “HPUD,” followed by the ordinance number of the rezoning approving the HPUD plan. [Source: 18.35.080, modified]
10.2.e
Packet Pg. 536
Part 2 – Zoning District Regulations and Development Standards Chapter 18.40 Revised Preliminary Draft – October 2024
127
Chapter 18.40
Overlay Districts
10.2.e
Packet Pg. 537
Chapter 18.40 Overlay Districts
128
Chapter 18.40 Overlay Districts
Sections
18.40.010 General Provisions
18.40.020 Historic Districts and Cultural Resources Districts (H, CR)
18.40.010 General Provisions
A. Purpose and Applicability. Overlay districts are zoning districts established to carry out specific land use or design purposes in addition to the land use and development standards of the underlying zoning district. They are governed by a set of regulations that address specific subjects, such as historic districts and cultural resources. Overlay districts may be initially established by adding a specific Section to this Chapter, without being actually delineated on the Zoning Map. At a later time, when an opportunity arises to carry out the intended purpose(s) for one or more sites that meet the criteria for the overlay district, the City Council may adopt an ordinance amending the Zoning Map to delineate the boundaries of the overlay district. The provisions of the overlay district then will be combined with the provisions of the underlying zoning district for that site or sites to which the overlay district applies. When there is a conflict between the standards of the underlying zoning district and the overlay district, the more restrictive provisions will govern. [Source: 18.40.010, modified] B. Initiation – Review and Approval. The Planning Commission or the City Council may initiate an amendment to the Zoning Ordinance to establish an overlay district under the procedures established in Chapter 18.170 (Amendments – Zoning Ordinance and Zoning Map). The Planning Commission may recommend and the City Council may adopt an ordinance enacting overlay district provisions under the requirements and criteria of Chapter 18.170 (Amendments – Zoning Ordinance and Zoning Map) after duly noticed public hearings. [Source: 18.40.020, modified]
18.40.020 Historic Districts and Cultural Resources Districts (H, CR) A. Specific Purposes. The specific purposes of the historic districts and cultural resources overlay districts are to prevent neglect of historic or architecturally significant buildings, encourage public appreciation of the city’s past, foster civic and neighborhood pride, enhance property values and increase economic and financial benefits to the city, and encourage public participation in identifying and preserving historical and architectural resources. The historic districts and cultural resources overlay districts are intended to: [Source: 18.45.020, modified]
1. Promote the conservation, preservation, protection, and enhancement of cultural resources, landmarks and historic districts, sites, buildings, structures, and objects significant in history, architecture, archaeology, and culture which impart a distinct aspect to the city and serve as visible reminders of the city’s culture and heritage; [Source: 18.45.020.A, modified]
10.2.e
Packet Pg. 538
Part 2 – Zoning District Regulations and Development Standards Chapter 18.40 Revised Preliminary Draft – October 2024
129
2. Deter demolition, destruction, alteration, misuse, or neglect of historically, culturally, archaeologically or architecturally significant districts, sites, buildings, and objects that form an important link to the city’s past; [Source: 18.45.020.B, modified]
3. Encourage development tailored to the character and significance of each historic district or landmark through an historic district conservation plan that includes goals, objectives, and design standards; [Source: 18.45.020.C]
4. Provide a review process for the appropriate preservation and development of important cultural, architectural, and historical resources; and [Source: 18.45.020.D, modified]
5. Promote maintenance of a harmonious outward appearance of both historic and modern structures through complementary scale, form, color, proportion, texture, and material. [Source: 18.45.020.E, modified]
B. Identifying and Establishing Historic and Cultural Resources
1. Identification. It is the responsibility of the Architectural Review Commission to:
[Source: 18.45.020.A, modified]
a. Establish criteria and conduct a comprehensive survey in conformance with State survey standards and guidelines of cultural heritage resources within the boundaries of the city, notify property owners of cultural heritage resources identified by the survey, publicize the results of the survey with the consent of each cultural heritage resource owner, and periodically update the survey results. [Source: 18.45.020.A.A.1, modified]
b. Recommend to the Planning Commission and City Council the designation of cultural resources and historic districts determined to be appropriate for historic preservation. [Source: 18.45.020.A.2, modified] c. Maintain a local register of cultural resources within the city including all information required for such designation. The register shall remain in the possession of the City and be accessible to the public. [Source: 18.45.020.A.3, modified]
d. Review and comment upon public and private land use proposals, programs, and related environmental documents, as they pertain to designated or nominated cultural resources of the community or to the property upon which a cultural resource is located, including all public and private land use proposals located within 100 feet of such cultural resource. [Source:
18.45.020.A.4]
e. Approve, approve with conditions, or disapprove permit applications to construct additions, change, alter, modify, remodel, remove, or otherwise significantly affect any designated or nominated cultural resource. [Source:
18.45.020.A.5, modified]
10.2.e
Packet Pg. 539
Chapter 18.40 Overlay Districts
130
f. Recommend that the City purchase property, grant or acquire easements, and employ other mechanisms for purposes of cultural heritage resources preservation. [Source: 18.45.020.A.6, modified]
g. Investigate the use of various Federal, State, local, and private funding sources and mechanisms for cultural resource management. [Source:
18.45.020.A.7, modified]
2. Establishment. An “H” historic district designation or “CR” cultural resources designation may be combined with any base zoning district. An “H” historic district designation or a “CR” cultural resources designation may be adopted only as an amendment to the Zoning Map pursuant to the procedures and criteria of Chapter
18.170 (Amendments – Zoning Ordinance and Zoning Map), and the criteria in Subsection G of this Section. [Source: 18.45.020.B, modified]
3. Certificate of Appropriateness Required. A Certificate of Appropriateness is required before development, exterior alteration, restoration, or relocation of any structure or site in an “H” historic district or a designated cultural resource (“CR”). The certificate must be obtained before issuance of a Zoning Permit or a Building Permit, unless the development, alteration, restoration, or relocation is exempt under Subsection K of this Section. [Source: 18.45.020.C, modified]
4. Demolition Review. Approval of the Architectural Review Commission is required before demolition of any structure or site in an “H” historic district or of a designated cultural resource (“CR”); see Subsection L of this Section. [Source: 18.45.020.D, modified]
C. Zoning Map Designators. Each “H” historic district or “CR” cultural resources designation shall be shown on the Zoning Map by adding an “-H” or a “-CR” designator, respectively, to the base zoning district designation followed by the number of the “H” historic district or “CR” cultural resources designation, based on its order of adoption with reference to the enacting ordinance. [Source: 18.45.030, modified]
D. Initiation and Notification.
1. An application for an amendment to the Zoning Map for an “H” historic district designation or “CR” cultural resources designation may be initiated by the City Council, the Planning Commission, the Architectural Review \Commission, or the affected property owner. [Source: 18.45.040, modified]
2. If an application for a designation is initiated under this Section, the Zoning Administrator shall provide copies of this Section and of the City’s cultural resources management guidelines to all property owners that would be subject to the designation and inform them in writing of the restrictions that will be placed on their property as a result of such designation. [Source: 18.45.040, modified] E. Land Use and Property Development Regulations. The land use regulations and development regulations applicable to a building, structure, or area subject to an “H” historic district or “CR” cultural resources designation shall be as prescribed for the base zoning district with which it is combined, unless modified by the ordinance establishing the “H” historic district or “CR”
10.2.e
Packet Pg. 540
Part 2 – Zoning District Regulations and Development Standards Chapter 18.40 Revised Preliminary Draft – October 2024
131
cultural resources designation. If conflicts arise, the criteria and requirements of any applicable historic district conservation plan shall govern. [Source: 18.45.050, modified]
1. Ordinary Maintenance and Repair. The requirements of this Section are not intended to prohibit ordinary maintenance or repair of any exterior or interior architectural features in or on any property subject to an “H” or “CR” overlay district designation that does not involve a change in design, material, or external appearance. Nor does this Section intend to prohibit the construction, reconstruction, alteration, restoration, demolition, or removal of any such architectural feature when the Zoning Administrator certifies to the Architectural Review Commission that such action is required for the public safety, due to an unsafe or dangerous condition which cannot be otherwise rectified. [Source: 18.45.050.A, modified]
2. Preservation Easements. In order to implement the provisions of this Section, preservation easements on the facades of buildings designated as a cultural resource may be acquired by the City or a nonprofit group through purchase, donation, or condemnation pursuant to Civil Code Section 815. [Source: 18.45.050.B, modified]
3. State Historical Building Code. The California State Historical Building Code provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as cultural resources. Such work on designated cultural resources shall be subject to the provisions of the California State Historical Building Code rather than the Uniform Building Code. [Source: 18.45.050.C, modified]
4. The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. “The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” (Revised 1983) shall be used by the Architectural Review Commission as guidelines in carrying out their responsibilities under this Section. [Source: 18.45.050.D, modified]
5. Financial Incentives. The City is supportive of financial incentives to carry out historical preservation, and endorses the Mills Act (Government Code Section 50280 et seq.) as a viable means of providing property owners such incentive for their participation. [Source: 18.45.050.E, modified]
F. Procedure.
1. General. An application for an amendment to the Zoning Map for an “H” historic district designation or “CR” cultural resources designation shall be processed pursuant to the procedures and criteria of Chapter 18.170 (Amendments – Zoning Ordinance and Zoning Map) and the criteria of this Section. [Source: 18.45.060.A, modified]
2. Additional Application Contents. [Source: 18.45.060.B, modified] a. Historic District Application. In addition to the application contents required for an amendment to the Zoning Map in accordance with Chapter 18.170 (Amendments – Zoning Ordinance and Zoning Map), an application for an amendment to the Zoning Map for an “H” historic district designation shall include a proposed historic district conservation plan for the “H” historic district containing all of the following materials. Where an “H” historic district
10.2.e
Packet Pg. 541
Chapter 18.40 Overlay Districts
132
designation is initiated by the City, the Architectural Review Commission shall assist in the preparation of the historic district conservation plan. [Source:
18.45.060.B.1, modified]
i. A map and description of the proposed “H” historic district, including boundaries; photographs of buildings in the proposed district; an inventory of the age, setting, character and architectural, cultural, or historical significance of structures in the proposed district; and proposed objectives to be achieved in the “H” historic district; [Source:
18.45.060.B.1.a, modified]
ii. A statement of the architectural, cultural, or historical significance of the proposed “H” historic district and a description of structures and features to be preserved; [Source: 18.45.060.B.1.b]
iii. A list of specific categories of exterior alterations that require approval of a Certificate of Appropriateness to preserve the architectural or historical integrity of the proposed “H” historic district; and [Source:
18.45.060.B.1.c]
iv. A set of specific performance guidelines and standards for reviewing applications for demolition of buildings, new construction and exterior alterations, signs, landscape and streetscape features that will preserve the integrity of the “H” historic district. [Source:
18.45.060.B.1.d]
v. Except when initiated by the City, a form bearing the signatures of all of the property owners within the proposed “H” historic district requesting the designation must be submitted at the time the application is filed. [Source: 18.45.060.B.1, modified] b. Cultural Resources District Application. In addition to the application contents required for an amendment to the Zoning Map in accordance with Chapter
18.170 (Amendments – Zoning Ordinance and Zoning Map), an application for an amendment to the Zoning Map for a “CR” cultural resources designation shall include the following: [Source: 18.45.060.B.2, modified] i. A map showing the location of the building or structure and building plans or photographs of the building exterior; [Source:
18.45.060.B.2.a]
ii. A statement of the cultural significance of the building or structure, and a description of the particular features that should be preserved; and [Source: 18.45.060.B.2.b]
iii. Except when initiated by the City, the consent of the owner or authorized agent of the building or structure proposed for designation. [Source: 18.45.060.B.2.c, modified]
3. Review and Action
10.2.e
Packet Pg. 542
Part 2 – Zoning District Regulations and Development Standards Chapter 18.40 Revised Preliminary Draft – October 2024
133
a. Zoning Administrator Review and Action. Upon determination that the application for amendment to the Zoning Map for an “H” historic district designation or “CR” cultural resources designation is complete, the Zoning Administrator shall prepare a staff report. [Source: 18.45.060.B.3, modified] b. Architectural Review Commission Review and Action. After completion of the staff report, but before scheduling the Planning Commission public hearing, the Zoning Administrator shall refer the application to the Architectural Review Commission for review and recommendation to the Planning Commission and the City Council. [Source: 18.45.060.B.4, modified]
c. Planning Commission Review and Action. An application for an amendment to the Zoning Map for an “H” historic district designation or “CR” cultural resources is subject to review by the Planning Commission through a public hearing for recommendation to City Council. [Source: 18.45.06.B.50, modified] d. City Council Review and Action. An application for an amendment to the Zoning Map for an “H” historic district designation or “CR” cultural resources is subject to review by the City Council through a public hearing. The City Council shall review the recommendations from the Architectural Review Commission and Planning Commission and render a final decision on the application. [Source: 18.45.06.B.50, modified]
G. Criteria for Establishment of Historic Districts and Cultural Resources Designations.
1. General Criteria. In addition to the criteria for amendments to the Zoning Map established in Chapter 18.170 (Amendments – Zoning Ordinance and Zoning Map), the City Council shall consider the following criteria in determining whether to adopt an ordinance designating an “H” historic district or “CR” cultural resources: [Source:
18.45.070.A, modified]
a. The area, structures, or site possesses value as a visible reminder of the cultural heritage of the city. [Source: 18.45.070.A.1, modified] b. The area, structure, or site is identified with a person, group, or event that contributed significantly to the cultural or historical development of the city. [Source: 18.45.070.A.2, modified]
c. Structures within the area exemplify a particular architectural style or way of life important to the city. [Source: 18.45.070.A.3]
d. Structures within the area are the best remaining examples of an architectural style in a neighborhood. [Source: 18.45.070.A.4]
e. The area or its structures are identified as the work of a person or group whose work has influenced the heritage of the city. [Source: 18.45.070.A.5] f. The area or its structures embody elements of outstanding attention to architectural or landscape design, detail, materials, or craftsmanship. [Source:
18.45.070.A.6]
10.2.e
Packet Pg. 543
Chapter 18.40 Overlay Districts
134
g. The area is related to a designated historic or landmark building or district in such a way that its preservation is essential to the integrity of the building or district. [Source: 18.45.070.A.7]
h. Specific evidence exists that unique archaeological resources are present. [Source: 18.45.070.A.8]
2. Adoption of a Historic District Conservation Plan. In addition, the ordinance establishing an “H” historic district shall include an historic district conservation plan, in the form submitted or as revised by the City Council. [Source: 18.45.070.B, modified] H. Amendments. An amendment to an “H” historic district and historic district conservation plan or “CR” cultural resources designation shall only be approved as an amendment to the Zoning Ordinance and Zoning Map under the procedures and criteria of Chapter 18.170 (Amendments – Zoning Ordinance and Zoning Map). [Source: 18.45.080, modified] I. Waiver from Base Zone Land Use Regulations.
1. Applicability. The Planning Commission, after receiving a recommendation from the Architectural Review Commission, may grant a Use Permit for a waiver of the land use regulations of the base zoning district with which an “H” historic district or “CR” cultural resources designation is combined, when such a waiver is necessary to allow the preservation or restoration of an historic or architecturally significant building, structure or site, consistent with the purposes of this Section, the general purposes of this Zoning Ordinance, the applicable historic district conservation plan, and the General Plan. [Source: 18.45.090, modified]
2. Application and Procedure. An application for a Use Permit shall be reviewed under the procedures and standards of Chapter 18.145 (Use Permits), except that the Zoning Administrator shall refer applications for a Use Permit under this Section to the Architectural Review Commission for review and recommendation before the application is submitted to the Planning Commission. [Source: 18.45.090, modified]
3. Decision. In making a decision, the Planning Commission shall make a written finding of the facts relied upon and the basis for determining consistency with the purposes of this Section, the general purposes of this Zoning Ordinance, the applicable historic district conservation plan, and the General Plan. [Source: 18.45.090, modified] J. Maintenance of Structures and Premises.
1. General. All property owners in “H” historic districts and property owners subject to a “CR” cultural resources designation shall have the obligation to maintain structures and premises in good repair, and no owner shall permit the property to fall into a serious state of disrepair which results in deterioration of any architectural feature that would, in the judgment of the Architectural Review Commission, produce a detrimental effect upon the character of the “H” historic district or the life and character of an individual cultural resource. [Source: 18.45.100.A, modified]
2. Standards of Review. The standards of review for good repair and disrepair as follows:
[Source: 18.45.100.B, modified]
10.2.e
Packet Pg. 544
Part 2 – Zoning District Regulations and Development Standards Chapter 18.40 Revised Preliminary Draft – October 2024
135
a. Good repair includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents unreasonable deterioration, dilapidation, and decay of the exterior portions of the structure and premises. Structures and premises shall be considered in good repair if there is no evidence of disrepair or material variance in the condition compared to surrounding structures that are in compliance with this Section. [Source: 18.45.100.B.1, modified] b. Disrepair includes but is not limited to unreasonable deterioration of exterior walls, plaster, mortar, or vertical or horizontal supports; deterioration of roofs and exterior chimneys; ineffective waterproofing, including broken windows or doors; or the deterioration of any other exterior feature that would create a hazardous or unsafe condition. [Source: 18.45.100.B.2, modified] K. Certificate of Appropriateness. A Certificate of Appropriateness is required before development, exterior alteration, restoration, rehabilitation, or relocation of any structure or site in an historic district, or of a designated cultural resource, that would affect its appearance and cohesiveness. The purpose of this requirement is to ensure the integrity of structures and the general character in historic districts or the integrity and general character of designated cultural resources. [Source: 18.45.110, modified]
1. Authority. The Architectural Review Commission has the authority to review and approve, approve with conditions, or disapprove a Certificate of Appropriateness under this Section. [Source: 18.45.110.A, modified]
2. Exemptions. No Certificate of Appropriateness is required for ordinary maintenance and any development, alteration, restoration, rehabilitation, or relocation that is not specifically described as critical to maintaining the historical or architectural integrity of the historic district or designated cultural resource. [Source: 18.45.110.B]
3. Initiation. An application for a Certificate of Appropriateness may be submitted only by the affected property owner. [Source: 18.45.110.C]
4. Procedure. [Source: 18.45.110.D]
a. Submission of Application. A complete application for a Certificate of Appropriateness shall be submitted to the Zoning Administrator, on a form prescribed by the Planning Division, along with the required fee. [Source:
18.45.110.D.1, modified]
b. Review and Recommendation. Upon a determination that the application is complete, the Zoning Administrator shall review the application and prepare a staff report recommending to the Architectural Review Commission the approval, approval with conditions, or disapproval of the application. A copy of the staff report shall be mailed to the applicant at least 10 days before the application is subject of a public hearing before the Architectural Review Commission. [Source: 18.45.110.D.2, modified]
c. Public Hearing. A public hearing before the Architectural Review Commission for an application for a Certificate of Appropriateness shall be scheduled and
10.2.e
Packet Pg. 545
Chapter 18.40 Overlay Districts
136
noticed in compliance with Chapter 18.195 (Notice Requirements). At the public hearing, the Architectural Review Commission shall consider the application, the relevant support materials, the staff report, and public testimony given at the public hearing. After the close of the public hearing, the Architectural Review Commission shall, within a reasonable period of time, approve, approve with conditions, or disapprove the application based on the criteria in Paragraph K.5 of this Subsection. [Source: 18.45.110.D.3, modified] d. Notice of Decision. The Zoning Administrator shall provide a copy of the decision to the applicant by mail within a reasonable period of time after the decision is made. [Source: 18.45.110.D.4, modified]
5. Criteria. To approve an application for a Certificate of Appropriateness, the Architectural Review Commission shall consider: [Source: 18.45.110.E, modified] a. Whether the proposed construction, reconstruction, or relocation is appropriate and consistent with this Subsection and the conservation plan for the historic district. [Source: 18.45.110.E.1, modified] b. Whether the applicant has demonstrated that every reasonable effort will be made to minimize alteration of any structure and preserve its integrity. [Source:
18.45.110.E.2]
c. Whether the distinguishing original qualities or character of a structure or site and its environment will not be destroyed, and the removal or alteration of any historic material or distinctive architectural feature will be avoided, to the greatest extent reasonably practical. [Source: 18.45.110.E.3] d. Whether all structures or sites are recognized as products of their own time and whether alterations that have no historical basis and which seek to create an earlier appearance will be minimized. [Source: 18.45.110.E.4] e. Whether changes which may have taken place in the course of time are evidence of the history and development of a structure or site and its environment and whether such changes, which may have acquired significance in their own right, will be recognized and respected. [Source:
18.45.110.E.5]
f. Whether distinctive stylistic features or examples of skilled craftsmanship which characterize a structure or site will be kept, to the extent reasonably possible. [Source: 18.45.110.E.6]
g. Whether: [Source: 18.45.110.E.7]
i. Proposals for replacement, rather than repair, of deteriorated architectural features are necessary; [Source: 18.45.110.E.7.a] ii. New material will reasonably reflect the material being replaced in composition, design, color, texture, and other visual qualities to the extent reasonably possible; and [Source: 18.45.110.E.7.b]
10.2.e
Packet Pg. 546
Part 2 – Zoning District Regulations and Development Standards Chapter 18.40 Revised Preliminary Draft – October 2024
137
iii. Repair or replacement of missing architectural features shall be based on accurate duplication of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other structures. [Source: 18.45.110.E.7.c]
h. Whether every reasonable effort will be made to protect and preserve archaeological resources affected by, or adjacent to, any project. [Source:
18.45.110.E.8]
i. Whether any proposed contemporary design for alterations and additions will destroy significant historical, architectural, or cultural material, and such design will be compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. [Source: 18.45.110.E.9] j. Whether additions or alterations to structures or sites will be done in a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired. [Source: 18.45.110.E.10]
6. Conditions. The Zoning Administrator may recommend, and the Architectural Review Commission may impose, such conditions in a Certificate of Appropriateness that are necessary to accomplish the purposes of this Section and prevent or minimize adverse impacts upon the public and neighborhoods. These conditions shall run with the land and not be affected by a change in ownership. [Source: 18.45.110.F, modified]
7. Appeal for Economic Hardship. On the basis of economic hardship, an applicant may appeal the decision of the Architectural Review Commission on an application for a Certificate of Appropriateness to the Planning Commission by filing a notice of appeal with the Zoning Administrator within 14 days of the date of the decision on the Certificate of Appropriateness, stating the grounds for the appeal. The Zoning Administrator shall forward the notice of appeal and the record of the decision on which the appeal is based to the Planning Commission. [Source: 18.45.110.G, modified] a. Scheduling Hearing. After the receipt of the notice of appeal, the Planning Commission shall hold a hearing on the appeal within a reasonable period of time, or at such time as is mutually agreed upon between the applicant and the Zoning Administrator. [Source: 18.45.110.G.1, modified] b. Decision by Planning Commission. At the hearing, the Planning Commission shall consider the record of the decision on which the appeal is based and hear statements from the applicant and the Zoning Administrator, and any other persons. The Planning Commission may affirm or reverse the decision of the Architectural Review Commission after considering evidence that:
[Source: 18.45.110.G.2, modified]
i. The structure or site is incapable of providing a reasonable economic return on investment, regardless of whether that return represents the most profitable return possible; and [Source: 18.45.110.G.2.a]
10.2.e
Packet Pg. 547
Chapter 18.40 Overlay Districts
138
ii. The structure or site cannot be adapted to another use that would provide a reasonable economic return on investment while maintaining the historic or architectural integrity of the structure or site. [Source: 18.45.110.G.2.b]
8. Effect of Issuance of a Certificate of Appropriateness. The issuance of a Certificate of Appropriateness authorizes the development, exterior alteration, restoration, or relocation of the site or structure within the historic district or of the designated cultural resource under the terms of the certificate and authorizes the applicant to apply for a Zoning Permit. A Certificate of Appropriateness shall run with the land. [Source:
18.45.110.G.3, modified]
9. Amendment to a Certificate of Appropriateness. A Certificate of Appropriateness may be amended, extended, or modified only in accord with the procedures and criteria established for its original approval. [Source: 18.45.110.G.4, modified] L. Demolition Permits. A Demolition Permit is required before demolition of any structure or site in an historic district, or of a designated cultural resource. [Source: 18.45.120, modified]
1. Authority. The Architectural Review Commission has the authority to review and approve, approve with conditions, or disapprove a Demolition Permit under this Subsection. [Source: 18.45.120.A, modified]
2. Applicability. Before the demolition of a structure or site in an historic district or of a designated cultural resource, a Demolition Permit shall be approved by the Architectural Review Commission. [Source: 18.45.120.B, modified]
3. Initiation. An application for a Demolition Permit may be submitted only by a qualified applicant. [Source: 18.45.120.C, modified]
4. Procedure. [Source: 18.45.120.D]
a. Submission of Application. A complete application for a Demolition Permit shall be submitted to the Zoning Administrator, on a form prescribed by the Planning Division, along with the required fee. [Source: 18.45.120.D.1, modified] b. Review and Recommendation. When the Zoning Administrator determines the application is complete, the Zoning Administrator shall review the application and prepare a staff report recommending to the Architectural Review Commission the approval, approval with conditions, or disapproval of the application based on the criteria in Paragraph L.5 of this Subsection. A copy of the staff report shall be mailed to the applicant before the public hearing with the Architectural Review Commission. [Source: 18.45.120.D.2, modified] c. Public Hearing. A public hearing before the Architectural Review Commission for an application for a Demolition Permit shall be scheduled and noticed in compliance with Chapter 18.195 (Notice Requirements). At the public hearing, the Architectural Review Commission shall consider the application, the relevant support materials, the staff report, and public testimony. Within a reasonable period of time after the close of the public hearing, the Architectural Review Commission shall either defer action on the Demolition Permit for 180
10.2.e
Packet Pg. 548
Part 2 – Zoning District Regulations and Development Standards Chapter 18.40 Revised Preliminary Draft – October 2024
139
days or approve, approve with conditions, or disapprove the application based on the criteria in Paragraph L.5 of this Subsection. [Source: 18.45.120.D.3, modified]
d. Notice of Decision. The Zoning Administrator shall provide a copy of the decision of the Architectural Review Commission to the applicant by mail within a reasonable period of time after the decision is made. [Source: 18.45.120.D.4, modified]
5. Criteria. To defer action, approve, or approve with conditions an application for a Demolition Permit, the Architectural Review Commission shall consider the proposed demolition in the context of the standards governing demolition that are included in the appropriate historic district conservation plan, the architectural or historic significance, and the value of the structure or site. [Source: 18.45.120.E, modified] a. Deferral of Action. If it is determined that the structure or site has historical, architectural, or cultural interest or value as determined in the appropriate historic district conservation plan, the Architectural Review commission may defer a final decision on an application for a Demolition Permit for 180 days from the date that the application was accepted as complete. i. Upon determining that action is to be deferred, the Architectural Review Commission shall direct the Zoning Administrator to consult with recognized historic preservation organizations and other civic groups, public agencies, and interested citizens and report back to the Architectural Review Commission within such 180-day period as to the feasibility of: [Source: 18.45.120.E.1, modified]
(1) Public or civic acquisition of the structure or site; [Source:
18.45.120.E.1.a]
(2) Relocating one or more of the structures or features of the site so as to preserve its historic or architectural value; or [Source:
18.45.120.E.1.b]
(3) Any other reasonable means of preserving the structure’s or site’s historic or architectural value. [Source: 18.45.120.E.1.c] ii. If at the end of the 180-day period it is demonstrated that the structure or site cannot be preserved through acquisition, relocation, or any other reasonable means, the Demolition Permit shall be issued. [Source: 18.45.120.E.2, modified]
b. Immediate Action. A Demolition Permit shall be issued if the Architectural Review Commission determines that the structure or site has no substantial historical, architectural, or cultural interest or value identified in the appropriate historic district conservation plan. [Source: 18.45.120.E.3, modified] c. Conditions of Approval. The Zoning Administrator may recommend, and the Architectural Review Commission may impose, such conditions in a
10.2.e
Packet Pg. 549
Chapter 18.40 Overlay Districts
140
Demolition Permit that are necessary to accomplish the purposes and intent of this Section, and prevent or minimize adverse impacts upon the public and neighborhoods. These conditions shall run with the land and shall not be affected by a change in ownership. [Source: 18.45.120.F, modified]
6. Appeal. Any interested person may appeal the decision of the Architectural Review Commission on an application for a Demolition Permit to the Planning Commission in accord with the provisions of Chapter 18.175 (Appeals and Calls for Review). [Source:
18.45.120.G, modified]
7. Amendment. A Demolition Permit may be amended, extended, or modified only in accord with the procedures and criteria established for its original approval. [Source:
18.45.120.H, modified]
10.2.e
Packet Pg. 550
Part 2 – Zoning District Regulations and Development Standards Chapter 18.45 Revised Preliminary Draft – October 2024
141
Chapter 18.45
Parks and Recreation Zoning
District
10.2.e
Packet Pg. 551
Chapter 18.45 Parks and Recreation Zoning District
142
Chapter 18.45 Parks and Recreation Zoning District
Sections
18.45.010 Purpose and Intent of the Parks and Recreation Zoning District
18.45.020 Permitted Land Uses and Activities
18.45.030 Development Standards for the Parks and Recreation Zoning District
18.45.040 Required Permits and Entitlements
18.45.050 Appeals
18.45.010 Purpose and Intent of the Parks and Recreation Zoning District A. Purpose of Chapter. In addition to the general purposes listed in Section 18.05.020 (Purposes), the purpose of this Chapter is to establish land use regulations and development standards for the Parks and Recreation Zoning District. This Chapter is intended to: [Source: NEW]
1. Preserve, protect, and enhance areas in the City appropriate for parks and recreational facilities consistent with the General Plan and Parks, Facilities & Recreation Master Plan; [Source: NEW]
2. Support the Pleasant Hill Recreation and Park District’s efforts to offer high-quality park and recreation services and facilities; and [Source: NEW]
3. Establish clear land use regulations and development standards for parks and recreation facility development to ensure an efficient project review and entitlement process. [Source: NEW]
B. Summary of Parks and Recreation Zoning District. The purpose of the Parks and Recreation (REC) zoning district is to designate land owned, leased, or otherwise operated by the Pleasant Hill Recreation and Park District that is appropriate for parkland and recreational service provision and facility development. The REC zoning district implements the Parks (P) land use designation in the General Plan. [Source: NEW]
18.45.020 Permitted Land Uses and Activities
A. Permitted Land Uses. When leased, owned, or operated by the Pleasant Hill Recreation and Park District, the following land uses and activities are permitted subject to the issuance of a Zoning Permit: [Source: NEW]
1. New Facilities and Accessory Structures. The construction of new facilities and the modification/expansion of existing park or recreation facilities and accessory structures, including but not limited to playgrounds, sports fields, childcare centers, community rooms, picnic areas, restrooms, or hiking and biking trails. [Source: NEW]
2. Parks. Development, maintenance, operation, and or modification of parks, open spaces (including passive open space as defined by Part 6 (Definitions)), including alteration of existing park boundaries. [Source: NEW]
10.2.e
Packet Pg. 552
Part 2 – Zoning District Regulations and Development Standards Chapter 18.45 Revised Preliminary Draft – October 2024
143
B. Other Land Uses and Activities. Any land use or activity not established in Subsection A, above, and land uses which are not owned, leased, or operated by the Pleasant Hill Recreation and Park District are not permitted. [Source: NEW]
18.45.030 Development Standards for the Parks and Recreation Zoning District A. Density. Consistent with the General Plan, there is no established minimum or maximum density (e.g., floor area ratio (FAR) or dwelling units per acre) for lots within the REC zoning district. [Source: NEW]
B. CEQA Review. All development within the REC zoning district is subject to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.). [Source: NEW]
C. Applicability of Development Standards. All development within the REC zoning district shall comply with the development standards established in Table 18.45-1 (Parks and Recreation Land Use Regulations). If a project does not meet these standards, entitlement permits are required, including, but not limited to, a Development Plan, Architectural Review, Minor Exception, Variance, and/or Use Permit shall be obtained in compliance with Chapter 18.__).
The review authority has the discretion to approve, approve with conditions, or deny these applications. [Source: NEW]
D. Additional Regulations. The following development standards are applicable to the REC zoning district and can be found in Part 3 and Part 5 of this Title. [Source: 18.20.030.C, modified]
1. General Site and Development Standards (Chapter 18.45); [Source: 18.20.030.C.1, modified]
2. Nonconforming uses and structures (Chapter 18.190). [Source: 18.20.030.C.4, modified]
3. Water-Efficient Landscaping (Chapter 18.52)
Table 18.45-1: Parks and Recreation Land Use Regulations Development Standard
(minimum unless stated otherwise)
Zoning District
Additional Development
Regulations REC
Setbacks
Front (ft) 20
Rear (ft) 15
Side (ft) 5
Corner Side (ft) 15
Aggregate Side (ft) 15
Creek Setbacks See Chapter 18.60 regarding creek
setbacks.
Scenic Route (ft) 25
10.2.e
Packet Pg. 553
Chapter 18.45 Parks and Recreation Zoning District
144
18.45.040 Required Permits and Entitlements
A. Exempt Activities. The following activities within the REC zoning district are exempt from City Review:
1. Tree Removal. Removal of trees, both protected and not protected under Chapter
18.90 (Tree Preservation).
2. Landscaping. Installation, modification, or removal of landscaping materials, including irrigation systems.
3. Maintenance and Repairs. Routine maintenance or repairs to existing park facilities, structures, or equipment, where no expansion of use or development is proposed.
4. Signs. Signs within the REC zoning district, including the number, size, and location, that comply with the requirements established in Chapter 18.80 (Signs).
B. Zoning Permit Required. Any new buildings, and building modifications, where an expansion of use or development is proposed, that complies with the development standards established in Table 18.45-1 (Parks and Recreation Land Use Regulations). These land uses shall also comply with all applicable development, grading and building code standards requirements.
C. Other Permits and Entitlements. The following activities within the REC zoning district require the issuance of additional permits or entitlements, such as a Development Plan Permit, Architectural Review Permit, Building Permit, and Grading Permit, before a land use can be established:
1. Subdivision Map Actions. In addition to issuance of a Zoning Permit, all subdivisions, parcel mergers, lot line adjustments, and other parcel modification requests shall comply with Title 17 (Subdivisions) and all applicable provisions established in the Subdivision Map Act. [Source: NEW]
2. Land Use Entitlements. A Development Plan, Architectural Review, and/or Use Permit (including any other permits) shall be obtained in compliance with Chapter 18 for all new buildings and building modifications that do not comply with the development standards established in Table 18.45-1 (Parks and Recreation Land Use Regulations).
Table 18.45-1: Parks and Recreation Land Use Regulations Development Standard
(minimum unless stated otherwise)
Zoning District
Additional Development
Regulations REC
Height and Lot Coverage (maximum)
Building Height (ft) 35
Lot Coverage 30%
Floor Area Ratio –
10.2.e
Packet Pg. 554
Part 2 – Zoning District Regulations and Development Standards Chapter 18.45 Revised Preliminary Draft – October 2024
145
18.45.050 Appeals
A. Zoning Permit. Zoning Permits issued to the Pleasant Hill Recreation and Park District in compliance with this Chapter are exempt from the appeals process established in Chapter
18.__ (Appeals and Calls for Review). [Source: NEW]
B. Use Permit or other Discretionary Entitlements. Decisions regarding Use Permits and other discretionary entitlements are subject to the appeals process in Chapter 18.__ (Appeals and Calls for Review) and may be appealed in compliance with its provisions. [Source: NEW]
10.2.e
Packet Pg. 555
Chapter 18.50 Open Space Zoning District
146
Chapter 18.50
Open Space Zoning District
10.2.e
Packet Pg. 556
Part 2 – Zoning District Regulations and Development Standards Chapter 18.50 Revised Preliminary Draft – October 2024
147
Chapter 18.50 Open Space Zoning District
Sections
18.50.010 Purpose and Intent of the Open Space Zoning District
18.50.020 Permitted Land Uses and Activities
18.50.030 Development Standards for the Open Space Zoning District
18.50.010 Purpose and Intent of the Open Space Zoning District A. Purpose of Chapter. In addition to the general purposes listed in Section 18.05.020 (Purposes), this Chapter establishes land use regulations and development standards for the Open Space (OS) Zoning District. The standards in this Chapter are intended to: [Source: NEW]
1. Preserve and protect natural resources; [Source: NEW]
2. Maintain scenic views and open landscapes to improve community quality of life. [Source: NEW]
3. Establish clear land use regulations for Open Space zoned parcels to ensure consistency with the General Plan. [Source: NEW]
B. Summary of the Open Space Zoning District. The purpose of the Open Space (OS) zoning district is to designate land with environmental, scenic, or conservation value. Lands in this district are intended to remain largely undeveloped to protect natural resources, preserve wildlife habitats, support watershed protection, and maintain the landscape’s natural character.
The OS zoning district implements the Open Space (OS) land use designation in the General Plan. [Source: NEW]
18.50.020 Permitted Land Uses and Activities
No development or land use activities are permitted within the OS zoning district except those expressly permitted by this Chapter or as required by applicable State or Federal law. Any proposed activity or land use within the OS district must comply with the regulations established in this Chapter and Zoning Ordinance.
A. Permitted Land Uses and Activities. The following land uses and activities are permitted in the OS zone subject to all other applicable standards established in this Chapter: [Source: NEW]
1. Habitat Conservation and Restoration: Protection and restoration of natural habitats, including wetlands, forests, and grasslands.
2. Watershed Protection: Activities related to the protection and management of watersheds, including water resource conservation and stormwater management.
3. Cultural and Historic Resource Protection: Preservation and maintenance of sites with historical, archaeological, or cultural significance.
10.2.e
Packet Pg. 557
Chapter 18.50 Open Space Zoning District
148
4. Utility Easements: Installation and maintenance of essential public utilities (such as power lines or water pipelines) when aligned with local, state, or federal regulations.
B. Other Land Uses and Activities. Any land use or activity not established in Subsection A, above, are not permitted in the OS zoning district. [Source: NEW]
18.50.030 Development Standards for the Open Space Zoning District A. Density. Consistent with the General Plan, there is no established minimum or maximum density (e.g., floor area ratio (FAR) or dwelling units per acre) for lots within the OS zoning district. [Source: NEW]
B. CEQA Review. All development within the OS zoning district is subject to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.). [Source: NEW]
C. Applicability of Development Standards. All development within the OS zoning district shall comply with the development standards established in Table 18.50-1 (Open Space Zoning District Development Standards). [Source: NEW]
D. Additional Regulations. The following development standards are applicable to the REC zoning district and can be found in Part 3 and Part 5 of this Title. [Source: NEW]
1. General Site and Development Standards (Chapter 18.45); [Source: NEW]
2. Signs (Chapter 18.80); [Source: NEW]
3. Nonconforming uses and structures (Chapter 18.190); and [Source: NEW]
4. Water-Efficient Landscaping (Chapter 18.95).
Table 18.50-1: Open Space Zoning District Development Standards Development Standard
(minimum unless stated otherwise)
Zoning District
Additional Development
Regulations OS
Setbacks
Front (ft) 20
Rear (ft) 15
Side (ft) 5
Corner Side (ft) 15
Aggregate Side (ft) 15
Creek Setbacks See Chapter 18.60 regarding creek
setbacks.
Scenic Route (ft) 25
Height and Lot Coverage (maximum)
Building Height (ft) 35
Lot Coverage 30%
Floor Area Ratio – Section 18.50.030.A
10.2.e
Packet Pg. 558
1 18 – Zoning Code
Part 3 – Regulations Applicable to
All Zoning Districts
REVISED PRELIMINARY DRAFT
OCTOBER 2024
Table of Contents
CHAPTER 18.45 GENERAL SITE AND DEVELOPMENT STANDARDS..................................... 6
18.45.010 Purpose and Applicability ................................................................................................. 6
18.45.020 Development on Lots Divided by Zoning District Boundaries .......................................... 6
18.45.030 Height Standards and Exceptions .................................................................................... 6
18.45.040 Measurements.................................................................................................................. 9
18.45.050 Refuse and Storage Areas ............................................................................................. 12
18.45.060 Relocated Structures...................................................................................................... 13
18.45.070 Traffic Safety Visibility Area............................................................................................ 13
18.45.080 Structure Projections and Encroachments into Setbacks .............................................. 15
18.45.090 Underground Utilities...................................................................................................... 16 CHAPTER 18.50 ADULT BUSINESSES...................................................................................... 18
18.50.010 Purpose and Applicability ............................................................................................... 18
18.50.020 Applicability to Other Regulations .................................................................................. 18
18.50.030 Separation Requirements............................................................................................... 18
18.50.040 Development and Operational Standards ...................................................................... 20
18.50.050 Adult Use Development Permit Required ...................................................................... 23
18.50.060 Conduct Constituting a Public Nuisance ........................................................................ 23
18.50.070 Violations ........................................................................................................................ 24 CHAPTER 18.55 CANNABIS........................................................................................................ 26
18.55.010 Personal Cultivation of Cannabis ................................................................................... 26
18.55.020 Commercial Cannabis Uses........................................................................................... 27
10.2.f
Packet Pg. 559
Chapter 18.45 General Site and Development Standards
2 CHAPTER 18.60 CREEK SETBACKS......................................................................................... 29
18.60.010 Purpose and Applicability ............................................................................................... 29
18.60.020 Setback Standards ......................................................................................................... 29
18.60.030 Setback Exceptions........................................................................................................ 31
18.60.040 Additional Regulations.................................................................................................... 33 CHAPTER 18.65 FENCES, WALLS, AND SCREENING............................................................. 36
18.65.010 Purpose and Applicability ............................................................................................... 36
18.65.020 Height Limitations........................................................................................................... 36
18.65.030 Fence and Wall Standards ............................................................................................ 37
18.65.040 Screening of Mechanical Equipment.............................................................................. 38
18.65.050 Swimming Pools and Hot Tubs ...................................................................................... 39 CHAPTER 18.70 OFF-STREET PARKING AND LOADING........................................................ 41
18.70.010 Purpose and Applicability ............................................................................................... 41
18.70.020 General Requirements for Off-Street Parking and Loading ........................................... 42
18.70.030 Number of Spaces Required .......................................................................................... 43
18.70.040 Shared Parking Facilities................................................................................................ 49
18.70.050 Reduced Parking for Use Classifications ....................................................................... 50
18.70.060 Parking Reductions Allowed Within Priority Development and Transit Uses ................ 51
18.70.070 Minor Adjustments to Parking Design Standards........................................................... 51
18.70.080 ADA Compliant Parking Spaces..................................................................................... 52
18.70.090 Electric Vehicle (EV), Bicycle, and Alternative Transportation...................................... 52
18.70.100 Parking Space and Drive Aisle Dimensions............................................................... 5453
18.70.110 Driveways and Site Access ............................................................................................ 57
18.70.120 Screening, Lighting, and Landscaping ........................................................................... 60
18.70.130 Additional Design Standards for Parking Facilities ........................................................ 62
18.70.140 Location and Design of Off-Street Loading Spaces....................................................... 63 CHAPTER 18.75 PERFORMANCE STANDARDS....................................................................... 65
18.75.010 Purpose and Applicability ............................................................................................... 65
18.75.020 Noise .............................................................................................................................. 65
18.75.030 Vibration ......................................................................................................................... 66
18.75.040 Odors.............................................................................................................................. 66
18.75.050 Hazardous Materials ...................................................................................................... 67
18.75.060 Heat and Humidity.......................................................................................................... 67
18.75.070 Electromagnetic Interference ......................................................................................... 67 CHAPTER 18.80 SIGNS ............................................................................................................... 69
18.80.010 Purpose and Applicability ............................................................................................... 69
10.2.f
Packet Pg. 560
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
3 18.80.020 General Standards ......................................................................................................... 70
18.80.030 Permit Required.............................................................................................................. 71
18.80.040 Exempt Signs ................................................................................................................. 71
18.80.050 Prohibited Signs ............................................................................................................. 75
18.80.060 Maximum Wall Sign Area .............................................................................................. 76
18.80.070 Specific Sign Standards ................................................................................................. 78
18.80.080 Sign Design Guidelines .................................................................................................. 82
18.80.090 Temporary Sign Standards ............................................................................................ 82
18.80.100 Standards for Other Types of Temporary Commercial Signs ........................................ 85
18.80.110 Master Sign Program ..................................................................................................... 86
18.80.120 Minor Sign Adjustment ................................................................................................... 87
18.80.130 Major Sign Adjustment ............................................................................................... 8887
18.80.140 Maintenance, Abandonment, and Obsolete Signs......................................................... 88
18.80.150 Enforcement ................................................................................................................... 88 CHAPTER 18.90 TREE PRESERVATION ................................................................................... 97
18.90.010 Purpose and Applicability ............................................................................................... 97
18.90.020 Definitions....................................................................................................................... 97
18.90.030 Permit Required.............................................................................................................. 99
18.90.040 Exemptions................................................................................................................... 104
18.90.050 Preservation and Replacement Plan............................................................................ 105
18.90.060 Performance Security................................................................................................... 106
18.90.070 Heritage Trees.............................................................................................................. 107
18.90.080 Conditions of Approval ................................................................................................. 107
18.90.090 Penalties....................................................................................................................... 108
18.90.100 Referral ........................................................................................................................ 108
18.90.110 Tree Removal Permit Expiration .................................................................................. 108
18.90.120 Appeals......................................................................................................................... 108 CHAPTER 18.95 WATER-EFFICIENT LANDSCAPING............................................................ 110
18.95.010 Purpose and Applicability ............................................................................................. 110
18.95.020 Forms – Zoning Administrator Review ......................................................................... 112
18.95.030 Submittal Requirements .............................................................................................. 112
18.95.040 Water-Efficient Landscape Standards.......................................................................... 113
18.95.050 Landscape Plan Requirements .................................................................................... 113
18.95.060 Landscape Water Irrigation Audit................................................................................. 114
18.95.070 Certifications................................................................................................................. 114
18.95.080 Landscape and Irrigation Maintenance Schedule ........................................................ 115
10.2.f
Packet Pg. 561
Chapter 18.45 General Site and Development Standards
4 18.95.090 Provisions for Existing Landscaping ............................................................................ 116
18.95.100 Disclosures ................................................................................................................... 116
18.95.110 Fees.............................................................................................................................. 117
18.95.120 Irrigation Efficiency ....................................................................................................... 117
18.95.130 Reporting ...................................................................................................................... 117 CHAPTER 18.100 WIRELESS TELECOMMUNICATIONS ......................................................... 120
18.100.010 Purpose and Applicability........................................................................................... 120
18.100.020 Exemptions................................................................................................................. 121
18.100.030 Permits Required........................................................................................................ 123
18.100.040 Application Submittal Requirements .......................................................................... 125
18.100.050 Findings...................................................................................................................... 125
18.100.060 General Development Standards............................................................................... 125
18.100.070 Nonconforming Provisions ......................................................................................... 130
18.100.080 Exceptions.................................................................................................................. 130
18.100.090 Standard Conditions of Approval ............................................................................... 131
18.100.100 Conditions of Approval for Section 6409(a) Modifications ........................................ 136
18.100.110 Timing of Review........................................................................................................ 139
18.100.120 Peer Review ............................................................................................................... 139
18.100.130 Decision...................................................................................................................... 139
18.100.140 Revocation ................................................................................................................. 140
18.100.150 Appeal ........................................................................................................................ 140
10.2.f
Packet Pg. 562
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
5 Chapter 18.45
General Site and Development
Standards
10.2.f
Packet Pg. 563
Chapter 18.45 General Site and Development Standards
6 Chapter 18.45 General Site and Development Standards
Sections
18.45.010 Purpose and Applicability
18.45.020 Development on Lots Divided by Zoning District Boundaries
18.45.030 Height Standards and Exceptions
18.45.040 Measurements
18.45.050 Refuse and Storage Areas
18.45.060 Relocated Structures
18.45.070 Traffic Safety Visibility Area
18.45.080 Structure Projections and Encroachments into Setbacks
18.45.090 Underground Utilities
18.45.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish reasonable and necessary standards for development in the City. These standards are established to ensure that Pleasant Hill develops in a manner that promotes efficient and orderly community growth. [Source: NEW] B. Applicability. The standards of this Chapter apply to all development projects in all zoning districts unless otherwise specified. [Source: NEW]
18.45.020 Development on Parcels Lots Divided by Zone Zoning District Boundaries
The regulations applicable to each zone zoning district shall be applied to the area within that zone zoning district. and nNo use other than parking serving a principal use on the site shall be located in a zoning district in which it is not a permitted or conditionally permitted use. When pPedestrian or vehicular vehicle access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional useright-of-way to to a particular use on a property, the route taken must not pass through any area of the property that is zoned in a way that does not permit that use, either by right or with conditions. (Ord. 710 § 35-16.6, 1996; 1991 code § 35-16.6) [Source:
18.50.040]
18.45.030 Height Standards and Exceptions
A. The following items building features may exceed the maximum allowed height in a zoning district by eight feet with no discretionary review, if the itemsthey do not cover more than 20 percent% of the top floor roof area of the structure to which they are accessory: [Source:
18.50.040]
1. tTower
2. Sspire
10.2.f
Packet Pg. 564
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
7 3. Cupola
4. Chimney
5. Elevator
Penthouse
6. Water tank
7. Monument
8. Theater scenery loft, and similar
9. Similar structures and necessary mechanical appurtenancesapparatuses. (Ord. 710 § 35-16.8, 1996; 1991 code § 35-16.8) [Source: 18.50.040] B. Measuring Bbuilding Hheight. The hHeight of buildings is measured as provided in the Uniform Building Code as adopted by the Ccity. [Source: 18.145.050.A]
1. Base Points. The height of a buildings is the vertical distance above the base point that yields the greater height of the building as described below and shown in Figure 18.45- 1 (Measuring Height)M-6: [Source: 18.145.050.A]
a. Base Ppoint 1. Base point 1 is theThe elevation of the highest adjoining sidewalk or ground surfaceexisting grade within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surfaceexisting grade is not more than five feet above lowest grade. See Figure M-6. [Source: 18.145.050.A.1]
b. Base Ppoint 2. Base point 2 is theThe elevation that is five feet higher than the lowest grade when the sidewalk or ground surface existing grade described in subsection Subparagraph 1.a.a1 of this Subsection is more than five feet above lowest grade. [Source: 18.145.050.A.2]
Figure 18.45-1
Measuring Height
2. Roof Types. See Figure 18.45-2 (Roof Types – Height Measurement).
B.a. described in subsection A.1 or A.2 of this section. The base point used is the method that yields the greater height of building. For a fFlat Rroofs., the measurement is madeHeight is measured to the top of the parapet., or iIf there
10.2.f
Packet Pg. 565
Chapter 18.45 General Site and Development Standards
8 is no parapet, height is measured to the highest point of the roof (see Schedules Tables 18.1520.___ (Development Standards for Residential Districts) and Table 18.25.___ (Development Standards for Commercial, Office, and Industrial Districts) for allowed number of stories). [Source:
18.145.050.A]
b. Mansard Roofs. The measurement is Height is measured made to the deck line. [Source: 18.145.050.A]
c. Pitched and Hipped Roofs. Height is measured of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof that has a roof pitch of 12/ in 12 or less. For pitched or hipped roofs with a pitch steeper than 12/ in 12, the height is measurement measured is to the highest point. [Source: 18.145.050.A]
d. For oOther Rroof shapesTypes. For other roof types ( such as domed, vaulted, or pyramidal), height is measured shapes, the measurement is to the highest point. [Source: 18.145.050.A]
a.e. Stepped or Terraced Structures. See Figure M-5. The height of a stepped or terraced building The height is the maximum height of any segment of the building. [Source: 18.145.050.A]
Figure 18.45-2
Roof Types – Height Measurement
C. The height of other structures, such as fences, is shall be the vertical distance from the ground level immediately under the structure to the top of thea structure. Special height measurement provisions are also provided belowas follows. [Source: 18.145.020.B]
1. Measuring height of wallWalls or Ffences on Sslopes. The height of wWalls or fences located on sloping ground are shall be measured from the ground level on the higher side of the wall or fence for the purpose of determining compliance with maximum allowable height requirements. [Source: 18.145.020.B.1]
2. Measuring height of rRetaining Wwalls and Ffences. The height of rRetaining walls, and fences on top of retaining walls, are shall be measured as a combined height of a retaining wall, fence, wallor screen from the ground level on the higher side of the combined wall, fence, or screen for the purpose of determining compliance with maximum allowable height requirements. [Source: 18.145.020.B.2]
10.2.f
Packet Pg. 566
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
9 3. Measuring height of dDecks. Deck height is shall be determined by measuringmeasured from the ground lowest existing grade where the deck meets the ground to the top of the floor of the deck. [Source: 18.145.020.B.3]
4. Measuring height of aAccessory Sstructures. The height of accessory structures, such as sheds, detached garages, pergolas and trellises is shall be measured the vertical distance from the ground level immediately under the structure to the highest point at the top of a structure. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-42.8, 1996; 1991 code § 35-42.8) [Source: 18.145.020.B.4]
18.45.040 Measurements
This chapter Section explains how various measurements referenced in this Zzoning Oordinance are to be calculated. (Ord. 710 § 35-42.1, 1996; 1991 code § 35-42.1) [Source: 18.145.010] A. Fractions. When calculations for requirements that cannot be splitmust be expressed as a whole number (i.e., housing units, parking spaces, trees) result in fractions, the results will shall be rounded as follows: [Source: 18.145.020]
1. A. Minimum Rrequirements. When a regulation is expressed in terms of a minimum requirement, any fractional result will shall be rounded up to the next consecutive whole number. For example, if a minimum requirement of one tree for every 30 feet is applied to a 50-foot strip, the resulting fraction of 1.37 is rounded up to two required trees. [Source: 18.145.020.A]
2. B. Maximum Llimits. When a regulation is expressed in terms of maximum limits, no rounding is to be done. The maximum limit cannot be exceededw by any whole or fractional number. any fractional result will shall be rounded down to the next lower whole number. For example, if a maximum limit of lot coverage is 30 percentone dwelling unit for every 2,500 square feet in the MRL zoning district is applied to a 12,000 square foot site, the resulting fraction of 4.8 is rounded down to four allowed dwelling units, the maximum limit is 30 percent, no rounding down to 30 percent for fractions. (Ord. 710 § 35-42.2, 1996; 1991 code § 35-42.2) [Source: 18.145.020.B] B. Measuring Distances.
1. A. Distances are measured horizontally. When determining distances for setbacks and structure dimensions, all distances are shall be measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These dDistances are shall not be measured by following the topography of the land. See Figure 18.45-3 (Horizontal Plane Measurement). [Source:
18.145.030.A]
10.2.f
Packet Pg. 567
Chapter 18.45 General Site and Development Standards
10 Figure 18.45-3
Horizontal Plane Measurement
2. B. Measurements are shortest distance. When measuring a required distance, such as the minimum distance between a structure and a lot property line, the measurement is shall be made at the closest point, or shortest distance, between the two objects, except as stated in Paragraphs B.3, B.4, and B.5 of this Subsection. See Figure 18.45- 4 (Determination of Closest Distance). Exceptions are stated in subsections C, D and E of this section. [Source: 18.145.030.B]
Figure 18.45-4
Determination of Closest Distance
3. C. Measurement of vVehicle Sstacking or Ttravel Aareas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are shall be measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the arc of the driveway or traffic lane. See Figure 18.45-5 (Measuring Vehicle Stacking Areas). [Source: 18.145.030.C]
10.2.f
Packet Pg. 568
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
11 Figure 18.45-5
Measuring Vehicle Stacking Areas
4. D. Measurements Iinvolving a BuildingSstructure. Measurements involving a building structure are made to the closest wall of the structure. Chimneys, eaves, and bay windows (except in a side yard) up to 12 feet in length are not included in the measurement. OOther features, such as covered porches and entrances, are included in the measurement. See PHMC § except as specified in Section 18.45.040.C.4 (Accessory Structure Height) and Section 18.45.080 (Structure Projections and Encroachments into Setbacks)18.50.020, Building projections into yards and courts, and the base zoning district regulations in Part 2. [Source: 18.145.030.D]
5. Measurements Involving an Accessory Structure. Measurements involving an accessory structure are made to and from, the furthest projection. [NEW]]
5.6. E. Underground Sstructures. Structures or portions of structures that are entirely underground are not included in measuring required distances. See Figure 18.45-6 (Underground Structures)M-4. [Source: 18.145.030.E]
10.2.f
Packet Pg. 569
Chapter 18.45 General Site and Development Standards
12 Figure 18.45-6
Underground Structures
C. Measuring Ddistances on Mmaps. Zone Zoning district boundaries that are shown crossing lots are usually based on a topographic feature or a set measurement from a property line or topographic feature, such as the top of slope, middle of stream, 25 feet from top of bank, or 340 feet from the property line. When zone zoning district boundaries are shown crossing properties with no clear indication of the basis for the line, exact distances are to be determined by scaling the distances from the zoning map, using the center of the zoning zone line on the map. (Ord. 710 § 35-42.6, 1996; 1991 code § 35-42.6) [Source: 18.145.040, modified] D. Measuring a Rradius. The measured specified distance from a particular project shall be the required distance in a straight line, without regard to intervening structures or objects, from all points along the lot line of the subject proposed project. (Ord. 710 § 35-42.12, 1996; 1991 code § 35-42.12) [Source: 18.145.060]
18.45.050 Refuse and Storage Areas
A. A refuse storage area shall be screened on all sides by a six-foot high solid wood or masonry wall and include a solid roof, or located within a building, shall be provided before occupancy for all uses other than a single-family residence or duplex. Locations, horizontal dimensions, and general design parameters of refuse storage areas shall be as prescribed by the Aarchitectural Rreview Ccommission. (Ord. 710 § 35-16.16, 1996; 1991 code § 35-16.16) [Source: 18.50.070]
10.2.f
Packet Pg. 570
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
13 18.45.060 Relocated Structures
A Mminor Uuse Ppermit is required for relocation of any building except a single-family dwelling. The design of all relocated buildings shall be approved by the Aarchitectural Rreview Ccommission to ensure compatibility with its surroundings in terms of architectural character, height and bulkmass, and exterior appearance. (See also PHMC Chapter 14.45, (House Moving.) (Amended during 2005 recodification; Ord. 710 § 35-16.18, 1996; 1991 code § 35-16.18) [Source: 18.50.080]
18.45.070 Screening of Mechanical Equipment
A. General Rrequirement. Except as provided in subsection B of this section, all exterior mechanical equipment shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the zoning administrator, if necessary to protect views from an Rdistrict. [Source: 18.50.090.A] B. Utility meters. Utility meters shall be screened from view from public rights-of-way, but need not be screened on top or when located on the interior side yard of a single-family dwelling. Meters in a required front yard or in a corner side yard shall be enclosed in subsurface vaults. [Source:
18.50.090.B]
C. Screening Sspecifications. Screening materials may be solid concrete, wood, or other opaque material and shall effectively screen mechanical equipment, so no portion is visible from a street or adjoining lot. Screening material may have evenly distributed openings or perforations not exceeding 50% of the surface area. (Ord. 710 § 35-16.20, 1996; 1991 code § 35-16.20) [Source: 18.50.090.C, ]
18.45.08018.45.070Sight Obstructions at Intersections and Driveways Traffic Safety Visibility Area
A. Purpose and Applicability. Development proposed adjacent to any public or private street, driveway, right-of-way easement, or alley intersection, shall be designed to provide a clear vision triangletraffic safety visibility area for pedestrian and traffic safety, free from vegetation, structures, signs, or other obstructions. [Source: NEW] B. Measurement of the Traffic Safety Visibility Area. The traffic safety visibility area shall be measured as follows:
1. Intersections. On standard corner lots abutting a local street or alley, where the corner forms a 90-degree angle, shall not be blocked above a height ofthe traffic safety visibility area shall be formed by a 90-degree triangle with two sides measuring 35 feet along both the front and side street curb lines, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. Figure 18.45-7 (Traffic Safety Visibility Area). [Source: 18.50.100.A]
2. Alleys, Driveways, and Right-of-Way Easements. On lots containing or abutting a lot containing an alley, driveway, or right-of-way easement, the traffic safety visibility area shall be formed by a 90-degree triangle with two sides measuring 15 feet (20 feet for non-single-family uses) along each side of the driveway and the street curb line abutting the roadway, said length beginning at their intersection, and a third side
10.2.f
Packet Pg. 571
Chapter 18.45 General Site and Development Standards
14 connecting the two ends running diagonally across the property. See Figure 18.45-7 (Traffic Safety Visibility Area). [Source: Source: 18.55.130]
3. Irregular Corner Lots. For corner lots which are not flat, are irregularly shaped, or are adjacent to a collector street, arterial, or expressway, the director of public works and community development Zoning Administrator may impose a different stricter standard in order to provide adequate visibility, comparable to that on a standard, flat lot where the corner forms a 90-degree angle. [Source: 18.50.100.A] C. Height Limit. No structure, sign, landscape element, or other obstruction shall exceed two and one-half30 inches feet or greaterin height above roadway curb level, or 36 inches above grade, within the traffic safety visibility area, unless approved by the Zoning Administrator, except for trees with their canopy to a minimum of seven feet above grade. above the top of the curb or three feet or greater above the edge of pavement by vegetation or structures, including but not limited to fences and walls. For standard, flat lots on local streets, where the corner forms a 90-degree angle, this restriction applies to all land within a triangular area bounded by the edge of pavement 35 feet back from the point of their intersection (see diagram) subject to review and approval by the director of public works and community development. [Source:
18.50.100.A]
Figure 18.45-7
Traffic Safety Visibility Area
SIGHT DISTANCES
A. Driveways.
1. The driveway visibility triangle for each side of the driveway shall be determined by measuring 15 feet (20 feet for non-single-family uses) along the front property line, away from the driveway, beginning at the intersection of the driveway with the front property line, and measuring 15 feet (20 feet for non-single-family uses) along the driveway beginning at the intersection of the driveway with the front property line. The triangular area formed by connecting the outer points of each line across the
10.2.f
Packet Pg. 572
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
15 intervening property is the visibility triangle and shall not be blocked above a height of two and one-half feet or greater above the top of the curb, or three feet with no curb, to a height of seven feet. [Source: 18.55.130]
2. For lots which are not flat, are irregularly shaped, or are adjacent to a collector street, arterial, or expressway, the director of public works and community development may impose a stricter standard in order to provide adequate visibility. [Source: 18.55.130]
18.45.09018.45.080Structure Projections and Encroachments into Yards Setbacks and Courts
A projection into a required yard setback is permitted allowed as follows: [Source: 18.50.020] A. Fireplace or chimney: 18 inches into a front, rear, or side setback; [Source: 18.50.020.A] B. Cornice (no vertical ground support or foundation), eave (no vertical ground support or foundation), mechanical equipment, and ornamental feature: Ttwo feet into a front, rear, or side setback.; [Source: 18.50.020.B]
C. Balcony, stairs, canopy, covered entryways and/or porches, and or awning (none of which shall have vertical ground support or foundation, with the exception of stairs): Ffive feet into a front or rear yardsetback, and two feet into a side yardsetback., all except stairs shall have no vertical ground support or foundation.; [Source: 18.50.020.C]
D. Bay windows are allowed a projection of 30 inches into a front, rear, or side setback if all of the following apply: [Source: 18.50.020.D]
1. when The bay window(s) is installed on either a wall with a foundation or cantilevered, and does not extend to the top of the wall;, and not [Source: 18.50.020.D]
2. Does not exceeding exceed eight feet in width; and , are allowed a projection of two and one-half feet, [Source: 18.50.020.D]
D.3. A except that a minimum five-foot side yard setback shall be is maintained. ; and [Source: 18.50.020.D]
E. Decks (attached or detached):
E.1. Decks shall not encroach into the minimum ffront and or side yard setbacks requirements shall be the same as those applicable to the primary structureresidence. [Source: 18.50.020.E]
2. Decks may only projectencroach into the rear Rear yard setbacks if the minimum rear setbacks established in Table 18.45-A (Minimum Rear Setbacks for Deck Encroachments) (are maintained as specified below: [Source: 18.50.020.E] Table 18.45-A: Minimum Rear Setbacks for Deck Encroachments Deck height, measured from
finished grade
Minimum rear yard setback to be maintained
Up toBelow 6 inches None
10.2.f
Packet Pg. 573
Chapter 18.45 General Site and Development Standards
16 18.45.10018.45.090Underground Utilities
All electrical, telephone, cable television, and similar utility distribution lines providing direct service to, or running adjacent , ato, a development site shall be installed underground within the site and within any public right-of-way or public easement directly adjacent to the site subject to review and approval by the applicable final decision-making body review authority (Zzoning Aadministrator, Pplanning Ccommission, Aarchitectural Rreview Ccommission, or Ccity Ccouncil) on of the development project. (Ord. 906 § 9, 2016; Ord. 710 § 35-16.28, 1996; 1991 code § 35-16.28) [Source: 18.50.120] 6 to 18 inches 5 feet
Over 18.1 inches up to 336 feetinches 10 feet
More than 3 feetOver 36 inches Minimum required rear setback for structures in the applicable zoning districtSetback applicable to structures in the zoning district
10.2.f
Packet Pg. 574
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.50 Revised Preliminary Draft – October 2024
17 Chapter 18.50
Adult Businesses
10.2.f
Packet Pg. 575
Chapter 18.50 Adult Businesses
18 Chapter 18.50 Adult BusinessesUses
Sections
18.50.010 Purpose and Applicability
18.50.020 Applicability to Other Regulations
18.50.030 Separation Requirements
18.50.040 Development and Operational Standards
18.50.050 Adult Use Development Permit Required
18.50.060 Conduct Constituting a Public Nuisance
18.50.070 Violations
18.50.010 Purpose and Applicability
A. The purpose of this Cchapter is to provide special development sign guidelines/ and operational standards and development regulations which regulate the time, place, and manner of the operation of adult businesses, as defined in Part 6 (Definitions) use facilities in order to minimize the negative secondary effects associated with such facilities. (Ord. 710 § 35-20.1, 1996; 1991 code § 35-20.1) [Source: 18.70.010] B. Subject to the limitations of this chapter, aAdult businesses may be located are allowed in compliance with in the commercial land use designation, mixed-use land use designation and the industrial land use designation of the cityPart 2 (Zoning District Regulations and Development Standards) and the standards established in this Chapter. [Source: 18.70.030.A] C. The provisions of this Chapter shall apply to the establishment of any adult business, including shall include the opening of such a business as a new adult business, the relocation of the an existing adult business, or the conversion of an existing business to any adult business use. (Ord. 784 §§ 1, 2, 2004; Ord. 710 § 35-20.4, 1996; 1991 code § 35-20.4) [Source: 18.70.030.C]
18.50.020 Applicability to Other Regulations
The provisions of this Cchapter are not intended to provide exclusive regulation of the regulated adult businessesuses. Such Adult businessesuses mustshall comply with any and all applicable regulations imposed in other parts of the zoning ordinancethis Title, other Ccity ordinances, and Sstate and Ffederal law. (Ord. 710 § 35-20.28, 1996; 1991 code § 35-20.28) [Source: 18.70.150]
18.50.030 Locational Limitations Separation Requirements A. An adult business shall not be established within 1,000 feet of another adult business located either within or outside of City limits, or within the specified distance of the following uses or facilities located either within or outside of City limits. In those land use designations where the adult businesses regulated by this chapter would otherwise be permitted uses, it shall be unlawful to establish any such adult business if the location is: [Source: 18.70.030.B]
10.2.f
Packet Pg. 576
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.50 Revised Preliminary Draft – October 2024
19 1. Within a 500-foot radius feet of any residential General Plan land use designation. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the nearest property line included within the residential land use designation, along a straight line extended between the two points. [Source:
18.70.030.B.1 and 18.70.030.B.4]
2. Within an 800-foot radius feet of a General Plan school or park land use designation and any exisitngexisting school or park facility. The distance between the proposed use and a school or park land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or to the nearest property line included within a park land use designation, along a straight line extended between the two points. [Source:
18.70.030.B.2]
3. Within an 800-foot radius feet of a religious institutionplace of assembly, as defined in Part 6 (Definitions). The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall housing the adult use or proposed adult use along a straight line extended to the nearest exterior wall of the facility housing the religious institution. [Source: 18.70.030.B.3]
4. Within 1,000 feet of any other adult use defined by this chapter located either inside or outside the jurisdiction of the city. The distance between two adult uses shall be measured between the nearest exterior walls housing the adult uses along a straight line extended between the two uses. [Source: 18.70.030.B.4]
5. The above distance limitations shall also apply to residential districts, parks and schools as designated on the general plan land use element of the adjacent jurisdictions or to religious institutions which are located in adjacent jurisdictions and are the subject of a validly approved land use entitlement. [Source: 18.70.030.B.5] B. Measurement of Distances.
B.1. Distances shall be measured in a straight line from the nearest exterior wall of the facility housing the adult businessuse or proposed adult business use to the nearest property line of a General Plan land use designation or land use listed in Subsection AB. [Source: 18.70.030.B]
2. Exceptions. The method for measuring the distance referenced in Ssubsections B.1, B.2 and B.5 B and C of this section shall not apply when the location of the adult businessbusiness location or proposed adult usbusinesse is separated from a residential, school, or park General Plan land use designation, place of assembly, or other adult business by Interstate 680 (I-680). Where the I-680 separation exists, the following methods for measuring shall apply: [Source: 18.70.030.B.6]
1.a. Residential, Schools, or Parks General Plan Land Use Designations. Where an adult business or proposed adult business is separated from a residential, school, or park General Plan land use designation, the distance shall first be measured along a straight line extended between two points from the nearest exterior wall of the facility housing the adult businessuse or proposed adult
10.2.f
Packet Pg. 577
Chapter 18.50 Adult Businesses
20 businessuse to the closest improved pedestrian connection above or beneath I-680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I-680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest property line included within the residential, school or park General Plan land use designation. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I-680. [Source: 18.70.030.B.6]
a.b. Places of Assembly and Other Adult Businesses. The method for measuring the distance referenced in subsections B.3, B.4 and B.5 of this section shall not apply when When an adult business or proposed adult business is separated from place of assembly or another adult business the adult business location or proposed adult use is separated from a religious institution or other adult businesses by I-680. Where the I-680 separation exists, the distance shall first be measured along a straight line extended between two points from the nearest exterior wall housing the adult businessuse or proposed adult businessuse to the closest improved pedestrian connection above or beneath I-680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I-680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest exterior wall of the other adult business or religious institutionplace of assembly. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I-680.N [Source:
18.70.030.B.7]
C. The above distance limitationsrequirements established in this Section shall also apply to similar General plan land use designations listed in Subsection B of abuttingdjacent jurisdictions.. residential districts, parks, and schools as designated on the General plan land use element of the adjacent jurisdictions or to religious institutions which are located in adjacent jurisdictions and are the subject of a validly approved land use entitlement. [Source:
18.70.030.B.5]
18.50.040 Development and Operational Standards
A. Hours of Ooperation. It shall be unlawful for any operator or employee of an adult business to allow such adult business to remain open for businessadult business to operate or be open, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 10:00 p.m. and 10:00 a.m. of any day. [Source: 18.70.040.A]
B. Lighting Rrequirements. All exterior areas of the adult business shall be illuminated at a minimum of 1.25 footcandles. Lighting fixtures shall be fully shieled, and light directed downward below the horizontal plane so as not to cast light onto adjacent properties, , minimally maintained and evenly distributed at ground level. [Source: 18.70.040.B] C. Access Pprovisions. [Source: 18.70.040.C]
10.2.f
Packet Pg. 578
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.50 Revised Preliminary Draft – October 2024
21 1. The operator shall not permit any doors on the premises to be locked during business hours.
1.2. and, in addition, the The operator shall be responsible to see ensure that any room or area on the premises shall be is readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer. [Source: 18.70.040.C]
3. No adult business shall be operated in any manner that permits the observation of aAny material, adult-oriented merchandise, or activities depicting, describing, or relating to specified anatomical areas or specified sexual activities shall not be visible from any public way or from any location outside the building structure housing the adult business,. This provision shall apply to including any display, decoration, sign, show window, door, or other aperture or opening. [Source: 18.70.040.C.2]
4. No exterior door or window on the premises shall be propped open or kept open at any time while the business is openduring hours of operation, and any. [Source:
18.70.040.C.2]
2.5. All exterior windows shall be covered with opaque covering at all times. [Source:
18.70.040.C.2]
D. SignageSigns. The adult business shall post in plain view inside the front portion of the business facility, in two-inch print, a sign directly referencing citing California Penal Code Ssection 314 which shall read.: [Source: 18.70.040.D]
Every person who willfully and lewdly, either: (1) Exposes his or her person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or (2) Procures, counsels, or assists any person so as to expose himself or herself or take part in any model artist exhibition, or to make any other exhibition of himself or herself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor. [Source: 18.70.040.D]
Upon the second and each subsequent conviction under subsection (1) above, or upon a first conviction under subsection (1) above after a previous conviction under [California Penal Code] Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison. California Penal Code Section 314. [Source: 18.70.040.D] E. Minors’ Aaccess. [Source: 18.70.040.E]
1. X-Rrated Mmovies. X-rated movies or videotapes shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays videos that have been rated “X” or rated “NC-17” by the motion picture rating industry (“MPAA”), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said videos shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited. [Source: 18.70.040.E.1]
10.2.f
Packet Pg. 579
Chapter 18.50 Adult Businesses
22 2. Other Aadult Mmaterials. Access to adult materials shall be restricted to persons over 18 years of age. [Source: 18.70.040.E.2]
F. Regulation of closed boothsArcade Viewing Area. Adult businesses with an arcade viewing area(s) shall comply with the following requirements: [Source: NEW]
1. No one shallIt is unlawful to maintain any arcade booth or individual viewing area unless in which the entire interior viewing area(s) of such premises are not from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror, or other device which that would prohibit a person from seeing into the viewing area from the main aisle.
2. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. All viewing areas shall be designed or operated to permit occupancy of either one person only or more than 10 persons.
Viewing area means any area in which a person views performances, pictures, movies, videos, or other presentations. [Source: 18.70.040.G]
3. It is unlawful for No an arcade booth shall be to be occupied by more than one patron at a time. [Source: 18.70.040.F]
F.4. It is unlawful to create, maintain, or allow No holes or other openings shall be permitted between arcade booths or individual viewing areas. [Source: 18.70.040.F] G. Business Llicense. A person shall not own, operate, manage, conduct, or maintain an adult business without first having obtained a Bbusiness Llicense from the Ddirector of FfinanceCity of Pleasant Hill. The issuance or denial of the Bbusiness lLicense shall be made within 15 days of the applicant’s submitted application. [Source: 18.70.040.H H. On-site Mmanager – Security measures. All adult businesses shall have an responsible person individual, who shall be at least 18 years of age, and shall be on the premises at all times to act as the on-site manager at all times during which the business is openhours of operation.
The individual designated as the on-site manager shall be registered with the city’s Zzoning Aadministrator by the business owner to receive all complaints and be responsible for all violations taking place on the premises. [Source: 18.70.040.I] I. Security Measures. The All adult businesses shall provide either a security system that visually records and monitors the exterior premises of the property, including all parking lot areas or, in the alternative, uniformed security guards to patrol and monitor the exterior premises of the property, including the parking lot areas, during all business hourshours of operation. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by one and one-half feet. [Source:
18.70.040.I]
I.J. Nude Eentertainment Bbusinesses – Operating requirements. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of aNo nude entertainment business shall be allowed unless each and all of all the following requirements are met: [Source: 18.70.040.J]
10.2.f
Packet Pg. 580
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.50 Revised Preliminary Draft – October 2024
23 1. No employee, owner, operator, responsible managing employee, manager, or permittee of a nude entertainment business shall allow any person upon the premises or within the confines of any nude entertainment business below under the age of 18 years upon the premises or within the confines of any nude entertainment business if no liquor alcohol is served, or under the age of 21 years if liquor alcohol is served. [Source: 18.70.040.J.1]
2. No nude entertainer shall dance with or otherwise be within four feet of a patron while performing for compensation or while on licensed premises. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s). [Source: 18.70.040.J.2]
3.2. No owner, operator, responsible managing employee, manager, or permittee shall permit or allow at licensed premises any patron to approach within four feet of a nude entertainer, or permit or allow a nude entertainer to approach within four feet of a patron. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s) [Source:
18.70.040.J.3]
4.3. All employees of nude entertainment businesses, other than nude entertainers while performing, shall , at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas while on the premises. [Source: 18.70.040.J.4]
J.K. Disposal of Aadult-Ooriented Mmerchandise and Mmaterials. Any and all All adult-oriented merchandise and materials discarded by an adult business shall be fully contained within a locked garbage receptacle at all times. so that minors are not exposed to sexually explicit materials. (Ord. 710 § 35-20.6, 1996; 1991 code § 35-20.6) [Source: 18.70.040.K]
18.50.050 Adult Use Development Permit Required
A. No adult business may be established within the city by right. All persons wishing to establish an adult business within the Ccity mustshall apply for and receive an Aadult Uuse Ddevelopment Ppermit in compliance with this Title. under this chapter. [Source: 18.70.050.A-C] B. It is the burden of the applicant to supply evidence to justify the grant of an adult use development permit. [Source: 18.70.050.B]
C. Any person desiring to operate or establish an adult business within the city shall file with the public works and community development department an adult use development permit application on a standard application form supplied by the public works and community development department. (Ord. 710 § 35-20.8, 1996; 1991 code § 35-20.8) [Source:
18.70.050.C]
18.50.060 Conduct Constituting a Public Nuisance
The conduct of any business within the City found in violation of any of the terms of this Cchapter is hereby found and declared to be a public nuisance, and the Ccity Aattorney or the Ddistrict Aattorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and
10.2.f
Packet Pg. 581
Chapter 18.50 Adult Businesses
24 shall take other steps and shall apply to such courts of law as may have jurisdiction to grant such relief as will abate or remove such adult use establishment and restrain and enjoin any person from conducting, operating or maintaining an adult use establishment contrary to the provisions of this Cchapter. (Ord. 710 § 35-20.30, 1996; 1991 code § 35-20.30) [Source: 18.70.160]
18.50.070 Violations
Any person who violates any section of this Cchapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in accordance with the limits set forthestablished in California Government Code Ssection 36901, as it may be amended from time to time, or any other legal remedy available to the Ccity. (Ord. 710 § 35-20.26, 1996; 1991 code § 35-20.26) [Source: 18.70.140]
10.2.f
Packet Pg. 582
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.55 Revised Preliminary Draft – October 2024
25 Chapter 18.55
Cannabis
10.2.f
Packet Pg. 583
Chapter 18.55 Cannabis
26 Chapter 18.55 Cannabis
Sections
18.55.010 Personal Cultivation of Cannabis
18.55.020 Commercial Cannabis Uses
18.55.010 Personal Cultivation of Cannabis
Personal cultivation of marijuana/cannabis. Within the city of Pleasant Hill, the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana/cannabis is prohibited. Notwithstanding the foregoing, it is not a violation of this Ssection for an individual, who resides in a private residence located on the same parcel as the plant(s), to to cultivate, for his or her their personal use, no more than six cannabismarijuana plants per residence, regardless of the number of individuals residing at the residence. Cultivation shall be subject to the following limitations: [Source: 18.50.140.A] A. The individual cultivating the cannabis plants shall reside in a private residence located on the same lot as the plant(s). [Source: 18.50.140.A]
B. No more than six marijuana plants per residence are allowed toCannabis plants may be cultivated either indoors or outdoors, or a combination of both indoors and outdoors, regardless of the number of individuals residing at the residencein compliance with the following standards. [Source: 18.50.140.A.1]
1. For Ooutdoor Ccultivation: [Source: 18.50.140.C]
a. No part of a plant is shall be within five feet of any property line. [Source:
18.50.140.A.3.a]
b. All plants must shall be kept within a locked space (e.g., enclosed within a locked gate). [Source: 18.50.140.A.3.b]
2. For iIndoor Ccultivation: [Source: 18.50.140.A.4]
a. All accessory structures shall comply with the locational and other requirements set forthestablished in PHMC § 18.20.050 Section 18.15.060 (Accessory Structure and Use: Residential Districts) or 18.25.060 Section
18.25.050 (Accessory Structure and Use: Commercial, Office, and Industrial Districts) as applicable. [Source: 18.50.140.A.4.a]
b. Structures and equipment used for indoor cultivation, such as indoor grow lights, shall comply with all applicable building, electrical, and fire code regulations as adopted by the Ccity. [Source: 18.50.140.A.4.b] c. The plants mustshall be kept in a locked space within a fully enclosed and secure structure. [Source: 18.50.140.A.4.c]
B.
10.2.f
Packet Pg. 584
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.55 Revised Preliminary Draft – October 2024
27 C. The plants shall not be visible from a public right-of-way, other public placepublic space, or adjacent parcellot(s). [Source: 18.50.140.B]
D. Nothing in this Ssection is intended to preclude any landlord from limiting or prohibiting personal cultivation of marijuana/cannabis by tenants. [Source: 18.50.140.A.5] E. Nothing in this Ssection is intended to authorize commercial cultivation of marijuana/cannabis. [Source: 18.50.140.A.6]
F. Nothing in this Ssection is intended to authorize any public or private nuisance due to odor or as otherwise specified in PHMC Chapter Chapter 7.05 (Public Nuisances). [Source:
18.50.140.A.7]
18.55.020 Commercial Cannabis Uses
Commercial cannabis uses. All commercial cannabis uses are expressly prohibited in all base all zoning districts and overlay zoning districts unless and until one or more such uses is expressly and affirmatively authorized by this Ccode, except in the following instances. The foregoing prohibition shall not apply to: [Source: 18.50.140.B]
A. Conduct specified in Business and Professions Code Ssections 26054(c) and (d), 26080(b), or 26090(e). [Source: 18.50.140.B.1]
B. Cannabis delivery originating from a cannabis retailer located outside of the Ccity. [Source:
18.50.140.B.2]
C. The activities of an individual qualified patient or an individual primary caregiver that are exempt from Sstate licensure pursuant toin accordance with Business and Professions Code Ssection 26033, or a natural person’s personal use activities in accordance with Health and Safety Code Ssections 11362.1 and 11362.2, applicable Sstate law and this Ccode. [Source: 18.50.140.B.3] D. Cannabis temporary events. However, cCannabis temporary events, as provided under Business and Professions Code Ssection 26200, are prohibited in the city unless specifically authorized by separate resolution or ordinance of the Ccity Ccouncil. (Ord. 931 § 1, 2019; Ord. 918 § 2, 2017; Ord. 897 § 1, 2016; Ord. 893 § 2, 2015; Ord. 819 § 5, 2007) [Source:
18.50.140.B.4]
10.2.f
Packet Pg. 585
Chapter 18.60 Creek Setbacks
28 Chapter 18.60
Creek Setbacks
10.2.f
Packet Pg. 586
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.60 Revised Preliminary Draft – October 2024
29 Chapter 18.60 Creek Setbacks
Sections
18.60.020 Setback Standards
18.60.030 Setback Exceptions
18.60.040 Additional Regulations
18.60.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to provide specific development standards for the areas immediately surrounding creeks as defined in Subsection B. [Source: NEW] B. Applicability. Creek setback areas shall apply to all creeks Creek means any one of the creeks in the Ccity as shown on the “City of Pleasant Hill Creek System” map, on file in with the Ppublic Wworks Ddivision, regardless of whether the creek is located on a property owner’s lot. [Source: 18.50.150.B]
18.60.020 Setback Standards
A. Measurements. The creek setback area shall comply with the measurements established in Table 18.60-A__ and the following standards: [Source: NEW]
1. Creek Setback Area. The creek setback area is measured from the top of the creek bank based on the depth of the creek. [Source: 18.50.150.B]
1.2. Creek Depth. The depth of the creek bed is measured at its deepest point to a point level with the top of creek bank. [Source: 18.50.150.B]
2.3. Top of Creek Bank. The top of the creek bank means is defined as the highest edge of the creek channel at the location where the structure, grading, or fill is proposed, as determined by the City Engineer director of public works and community development. [Source: 18.50.150.B]
10.2.f
Packet Pg. 587
Chapter 18.60 Creek Setbacks
30 Figure 18.60-1
Top of Bank__
3. Table 18.60-A: Creek Setback Requirement
Depth Of Creek Creek Setback Area, From Top Of Creek
Bank
Up to 5 feet 5 feet
Over 5 – 10 feet 10 feet
Over 10 – 15 feet 15 feet
Over 15 feet Ssubject to review by the City Eengineer review B. Regulation. No person may place a structure (as defined in subsection B of this section), perform grading, or place fill material in a creek setback area unless: [Source: 18.50.150.A]
1. The property is adjoining a concrete channel owned by a public agency; or [Source:
18.50.150.A.1]
2. The structure, grading, or fill was legally existing as of February 24, 2010. Such a structure, grading, or fill may be replaced in kind within the same building footprint and without increasing the degree of nonconformity if the property owner obtains a Bbuilding Ppermit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a Uuse Ppermit under PHMC § 18.65.030.CSection 18.190.030 (Nonconforming Structures); or [Source: 18.50.150.A.2]
3. The property qualifies for an exception under subsection C of this sectionSection
18.60.030 (Setback Exceptions). [Source: 18.50.150.A.3] Creek setback area means a setback area measured from the top of the creek bank, as follows. This regulation applies whether or not the creek is on the property. [Source: 18.50.150.B]
10.2.f
Packet Pg. 588
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.60 Revised Preliminary Draft – October 2024
31 Structure means: a structure as defined in PHMC § 18.140.010. Examples of structures include, but are not limited to: a house addition or second unit; garage; swimming pool or hot tub; arbor; shed; deck; retaining wall; and wall of concrete, masonry or stone. [Source: 18.50.150.B] C. For purposes of this Chaptersection, a structure does not include any of the following: [Source:
18.50.150.B]
1. 1. Structures not attached to the ground or needing a foundation (such as i.e., a play structure, dog house, bench, or table); [Source: 18.50.150.B]
2. 2. A fence or /wall not over seven six feet high (the fence/wall shall be constructed with at least 75 percent % of the fence or /wall open to allow the passage of light and air); [Source: 18.50.150.B]
3. 3. Flatwork (such asi.e., a patio or , walkway) less than three inches thick and not used to support another structure; [Source: 18.50.150.B]
4. 4. Landscaping; [Source: 18.50.150.B]
5. 5. Existing structures legally built before the adoption of this sectionbefore February 24, 2010; or [Source: 18.50.150.B]
6. 6. Structures prohibited by other City, State, or Federal regulations (see as referenced in Section 18.60.040 (Additional Regulations)subsection D of this section). [Source:
18.50.150.B]
7. If any uncertainty exists, the zZoning Aadministrator shall determine whether or not a structure is regulated under this Chapter. (PHMC § 18.10.040.A) [Source: 18.50.150.B]
18.60.030 Setback Exceptions
A. City engineer determination. The city engineer City Engineer shall may approve an exception to creek setback standards established in Section 18.60.020 (Setback Standards) ministerially without noticing or public hearing if all the following conditions existcriteria are met. An applicant who disagrees with the determination of the City Engineer may request a Zoning Administrator decision in compliance with Subsection B: [Source: 18.50.150.C.1]
1. The property is not located in either a 100- or 500-year floodplain as shown on the most current Federal Emergency Management Agency (FEMA) Fflood Iinsurance Rrate Mmap; [Source: 18.50.150.C.1.a]
2. The property is not a “repetitive loss property” as defined by FEMA; [Source:
18.50.150.C.1.b]
3. The depth of the water in the creek during an average winter storm is less than two feet; and [Source: 18.50.150.C.1.c]
4. The creek channel has sufficient capacity to carry storm water without flooding adjacent properties in the event of a creek bank failure. [Source: 18.50.150.C.1.d] The city engineer’s determination is ministerial, based on the facts of each case. It does not require a public hearing and there is no appeal. An applicant who disagrees with the
10.2.f
Packet Pg. 589
Chapter 18.60 Creek Setbacks
32 determination may request a zoning administrator decision under subsection C.2 of this section.
B. Zoning Administrator Decision Request. Zoning administrator exception. The Zzoning Aadministrator may approve an exception to the requirements creek setback standards established in Section 18.60.020 (Setback Standards)of subsection A of this section, on the recommendation of the cityCity Eengineer, under the in compliance with the following procedure: [Source: 18.50.150.C.2]
1. General procedures – Application.; fee; hearing; decision; appeal. An applicant for a creek setback exception shall file an application with the Pplanning Ddivision, together with information required by the city engineer under subsection C.2.b of this section the following information as determined by the City Engineer: [Source:
18.50.150.C.2.a, modified]
a. A topographical survey of the lot precisely showing the creek bed, creek bank, top of bank, and proposed and existing structures; [Source: 18.50.150.C.2.b.i] b. A soils report prepared by a licensed civil engineer specializing in soils analysis which describes the soils condition for the proposed structure and analyzes and makes recommendations as to the creek bank stability and erosion hazard; [Source: 18.50.150.C.2.b.ii]
c. Certification by the engineer who prepares the soils report that, in the their professional opinion of the engineer , there is no likelihood of a hazard to persons or property resulting from the proposed construction; and [Source:
18.50.150.C.2.b.iii]
d. Structural calculations, hydraulic calculations, or other data as deemed necessary by the Citycity Eengineer. [Source: 18.50.150.C.2.b.iv]
2. and an Fee. Together with the application materials established in Subparagraph B.1, an applicant shall pay an application fee in an amount established by city council resolutionin the most current Fee Schedule as approved by City Council. [Source:
18.50.150.C.2.a]
2.3. Public Hearing and Noticing. The Zzoning Aadministrator shall hold a noticed public hearing in accordance with Chapter 18.195 (Notice Requirements) within 30 days after of receiving a completed application. [Source: 18.50.150.C.2.a] a.4. Findings. The Zzoning Aadministrator may approve an exception to the creek setback requirement standards if he or she they makes all the following findings: [Source:
18.50.150.C.2.c.i]
i.a. The proposed structure does not violate any other Ccity, Sstate, or Ffederal regulations as referenced in (see subsection Section 18.60.040 (Additional Regulations)D of this section); [Source: 18.50.150.C.2.c.i(A)] ii.b. The proposed structure is not likely to be detrimental to creek stability; and [Source: 18.50.150.C.2.c.i(B)]
10.2.f
Packet Pg. 590
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.60 Revised Preliminary Draft – October 2024
33 c. The property is not located within a special flood hazard area as defined in PHMC § Section 15.15.050 (Definitions) or if the property is located within a special flood hazard area, the proposed structure complies with the standards of construction set forth in in accordance with PHMC Chapter 15.15 (Flood Damage Prevention). [Source: 18.50.150.C.2.c.i(C)]
iii.5. Conditions of Approval. In approving an exception to creek setback standards, the Zzoning Aadministrator may impose conditions of approval deemed necessary for creek-side erosion protection and on-site drainage, including the requirement that the property owner enter into an agreement holding the Ccity and other public agencies harmless in the event of flood or erosion damage to any property. The agreement shall be in a form acceptable to the Ccity Aattorney, be recorded, and bind successors in interest. [Source: 18.50.150.C.2.c.ii]
6. Decision. The Zzoning Aadministrator shall render a decision in writing within five working days of the close of the public hearing. [Source: 18.50.150.C.2.a]
3.7. Appeal. The decision of the Zzoning Aadministrator may be appealed as provided in PHMC § 18.130.010to the Planning Commission in compliance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.50.150.C.2.a]
4. Application information. Information provided for an exception request shall include the following items at the discretion of the city engineer: [Source: 18.50.150.C.2.b]
5. Zoning administrator findings – Conditions. [Source: 18.50.150.C.2.c] a. Findings.
b. Conditions.
18.60.040 Additional Regulations
Other regulations. Construction, development, or work within a creek setback area may also be subject to other regulations and guidelines which could result in a larger setback, including but not limited to:
[Source: 18.50.150.D]
A. City Rregulations. [Source: 18.50.150.D.1]
1. Required Zoning district side or rear yard setbacks from the property line, for structures and accessory structures in the underlying zoning district (PHMC § 18.20.050 and Schedules 18.20.030 and 18.25.030); [Source: 18.50.150.D.1.a]
2. Design guidelines or standards adopted by the Ccity Ccouncil; [Source:
18.50.150.D.1.b]
3. California Bbuilding Ccodes under PHMC Title 14 (Buildings and Construction); [Source: 18.50.150.D.1.c]
4. Grading ordinance (PHMC Chapter 15.10)Grading standards established in Chapter
15.10 (Grading); [Source: 18.50.150.D.1.d]
5. Requirements applicable in a special flood hazard area under in compliance with PHMC Chapter 15.15 (Flood Damage Prevention); [Source: 18.50.150.D.1.e]
10.2.f
Packet Pg. 591
Chapter 18.60 Creek Setbacks
34 6. Erosion protection and water quality requirements under in compliance with PHMC Chapter 15.05 (Stormwater Management and Discharge Control); and [Source:
18.50.150.D.1.f]
7. Mitigation measures under the California Environmental Quality Act (CEQA). [Source:
18.50.150.D.1.g]
B. Other Aagency Rrequirements. [Source: 18.50.150.D.2]
1. California Department of Fish and Game. [Source: 18.50.150.D.2.a]
2. San Francisco Bay Regional Water Quality Control Board. [Source: 18.50.150.D.2.b]
3. U.S. Army Corps of Engineers. [Source: 18.50.150.D.2.c]
4. Federal Emergency Management Agency (FEMA). [Source: 18.50.150.D.2.d]
5. U.S. Fish and Wildlife Service. (Ord. 844 § 2, 2010) [Source: 18.50.150.D.2.e]
10.2.f
Packet Pg. 592
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.65 Revised Preliminary Draft – October 2024
35 Chapter 18.65
Fences, Walls, and Screening
10.2.f
Packet Pg. 593
Chapter 18.65 Fences, Walls, and Screening
36 Chapter 18.65 Fences, Walls, and Screening
Sections
18.65.010 Purpose and Applicability
18.65.020 Height Limitations
18.65.030 Fence and Wall Standards
18.65.040 Screening of Mechanical Equipment
18.65.050 Swimming Pools and Hot Tubs
18.65.010 Purpose and Applicability
A. Purpose. This Chapter establishes the requirements for fences, walls, and other screening elements to minimize visual obstructions of scenic views and sunlight, provide adequate buffering and screening between different land uses, and outdoor equipment, and ensure these elements are attractively designed. [NEW]
18.65.010B. Applicability. The provisions of this Chapter apply to all fences, walls, and other screening elements except as otherwise provided for in this Chapter. [NEW]
18.65.020 Height Limitations
A. Maximum Height. The maximum height of a fence or wall (including a retaining wall) is six feet, except as provided below:
1. Required Front and Corner Side Setbacks. except The maximum height of a fence or wall three feet within a required front and corner side yardssetbacks is three feet, unless otherwise specified. A r
A.2. When a Non-Residential setback Required yard abutsting a Rresidential Zzoning District, the setback mustshall be enclosed by a solid wood, concrete or masonry wall at least six feet in height, but not more than eight feet in height. (See also PHMC §§
18.25.040.A.4 and 18.55.140.A.) [Source: 18.25.140]
B.3. Rear Pproperty Lline Setbacks exceptions. The maximum height of a fence or wall along the rear property line is eight feet when located oOn a lot with a rear lot property line abutting a public trail, canal, East Bay Municipal Utility District right-of-way, or public street, the maximum rear yard fenceheight is eight feet. [Source: 18.25.140.A] C.B. Fences with on Rretaining Wwalls. When a fence is placed on top of a retaining wall, the total height is shall be measured as the combined height of the retaining wall and the, 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. [Source: 18.25.140].B
10.2.f
Packet Pg. 594
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.65 Revised Preliminary Draft – October 2024
37 D.C. Sight distanceTraffic Safety Visibility Area. All fences, walls, hedges, and other screening elements are subject to the visibility requirements of PHMC § 18.50.100Traffic Safety Visibility Area requirements established in Section 18.45.080 (Traffic Safety Visibility Area). [Source:
18.25.140.C]
18.65.030 Residential Fence and Wall Standards
A. Prohibition Across Easements. No fence or wall shall be constructed across or over any easement that would impede the use or access for its intended purpose.
B. 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 Ssingle-Ffamily rResidences on Ccorner Llots., Aa five-foot setback from the corner side property line is required for a wall or fence over three feet in height. See Figure 18.65-1 (Corner Lor and Key Lot Fence and Wall Standards). (See also subsection C of this section.) Height is measured pursuant to PHMC § 18.145.050.B. [Source: 18.20.040.I] C. Key Llots. Where a cCorner lots abuttings a key lot shall maintain , an unfenced triangular area measuring, 12 feet on each side, must remain unfenced. See Figure 18.65-1 (Corner Lot and Key Lot Fence and Wall Standards). [Source: 18.20.040.I.1] Figure 18.65-1
Corner Lot and Key Lot Fence and Wall Standards
18.65.040
10.2.f
Packet Pg. 595
Chapter 18.65 Fences, Walls, and Screening
38 D. The maximum height of a fence or wall (including a retaining wall) is six feet, except three feet within required front and corner side yards, unless otherwise specified.Allowable Fence and Wall Materials. Fences and walls shall comply with the following material standards.
1. Residential Zoning Districts. Unless otherwise approved by the Zoning Administrator, fences and walls in residential zoning districts shall be constructed of masonry, wood, metal, or concrete. Fences and walls in residential zoning districts shall also be consistent and comply with the fence and wall standards established in the City Wide Residential Design Guidelines and Objective Design Standards. [NEW]
2. Nonresidential Zoning Districts. Unless otherwise approved by the Zoning Administrator, fences and walls in nonresidential zoning districts shall be consistent with the City Wide Nonresidential Design Guidelines and be constructed of masonry, wood, concrete, vinyl, tubular steel, or wrought iron. A required yard Fences or walls abutting a residential zoning district, in accordance with Subparagraph A.2 of Section18.65.020 (Height Limitations), mustshall be enclosed by a constructed of solid wood, concrete, or masonry. wall at least six feet in height, but not more than eight feet in height. (See also PHMC §§ 18.25.040.A.4 and 18.55.140.A.) [Source: 18.25.140] E. Fire Safe Fencing. In addition to the allowed fence and wall materials established in Subsection C of this Section, fences and walls attached to or within five feet of a structure or deck shall be made of non-combustible, fire resistant materials in compliance with all applicable Uniform Building Code requirements. [Source: NEW]
F. Prohibited Fence and Wall Materialsfences. High voltage electrical fences, razor wire, barbed wire, and other materials which pose a safety hazard are strictly prohibited. (Ord. 949 § 10, 2021; Ord. 856 § 2 (Exh. A), 2011; Ord. 745 § 3, 2000; Ord. 710 § 35-6.6, 1996; 1991 code § 35-6.6(j)) [Source: 18.25.140.D]
18.65.05018.65.040Screening of Mechanical Equipment
A. General Rrequirement. Except as provided in Ssubsection B of this section, all exterior mechanical equipment shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment is not required if the equipment is not visible from public views, subject to review and approval may be required by the Zzoning Aadministrator, if necessary to protect views from an R district. [Source: 18.50.090.A] B. Utility Mmeters. Utility meters shall be screened from view from public rights-of-way, except but need not be screened on top or when not allowed by a utility providerd or when located on the interior side yard setback of a single--family dwelling. Utility meters do not need to be screened on top, unless otherwise directed by the Zoning Administrator. Utility mMeters in a required front yard setback or in a corner side yard setback of a corner lot shall be enclosed in subsurface vaults. [Source: 18.50.090.B]
C. Screening specifications. Materials. Screening materials may be shall be constructed of solid concrete, wood, or other opaque material and shall effectively screen mechanical equipment so no portion is visible from a street public right-of-way or adjoining lot. Screening material may have evenly distributed openings or perforations not exceeding 50 percent% of the surface area. (Ord. 710 § 35-16.20, 1996; 1991 code § 35-16.20) [Source: 18.50.090.C]
10.2.f
Packet Pg. 596
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.65 Revised Preliminary Draft – October 2024
39 18.65.06018.65.050Swimming Pools and Hot Tubs
A. Fencing. A. Swimming pools and hot tubs shall be fenced as required by the California Building Code. [Source: 18.20.110.A]
B. Setbacks. B.
B.1. In-ground swimming pools and hot tubs shall be set back a ,at minimum, of three feet from the exterior edge of the pool or hot tub to property linesproperty lines and structures. Setbacks shall be measured from the exterior edge of the pool or hot tub. [Source: 18.20.110.B]
C.2. C. Above-ground swimming pools and hot tubs are subject to the setback requirements specified in PHMC § 18.20.050Section 18.15.060 (Accessory Structure and Use:
Residential Districts], Accessory structures. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-5.6, 1996; 1991 code § 35-5.6(g)) [Source: 18.20.110.C]
10.2.f
Packet Pg. 597
Chapter 18.70 Off-Street Parking and Loading
40 Chapter 18.70
Off-Street Parking and Loading
10.2.f
Packet Pg. 598
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
41 Chapter 18.70 Off-Street Parking and Loading
Sections
18.70.010 Purpose and Applicability
18.70.020 General Requirements for Off-Street Parking and Loading
18.70.030 Number of Spaces Required
18.70.040 Shared Parking Facilities
18.70.050 Reduced Parking for Single Uses
18.70.060 Parking Reductions Allowed Within Priority Development and Transit Uses
18.70.070 Minor Adjustments to Parking Design Standards
18.70.080 ADA Compliant Parking Spaces
18.70.090 Electric Vehicle (EV), Bicycle, and AlternativeTransportation
18.70.100 Parking Space and Drive Aisle Dimensions
18.70.110 Driveways and Site Access
18.70.120 Screening, Lighting, and Landscaping
18.70.130 Additional Design Standards for Parking Facilities
18.70.140 Location and Design of Off-Street Loading Spaces
18.70.010 Specific purposes Purpose and Applicability
Purpose. In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of the off-street parking and loading regulations are to:The purpose of this Chapter is to A. eEnsure that sufficient off-street parking and loading facilities are provided, consistent with demand and feasibility, for new land uses and for major alterations and enlargements of existing uses in proportion to the need for such facilities created by each usefor all new and existing uses, and that parking and loading facilities are . [Source: 18.55.010.A] B. Establish parking standards for commercial uses consistent with need and with the feasibility of providing parking on specific commercial sites. [Source: 18.55.010.B] A. Ensure that off-street parking and loading facilities are designed in a manner that will to ensure efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses from adverse impacts. (Ord. 710 § 35-17.1, 1996; 1991 code § 35-17.1) [Source: 18.55.010, modified.C]
B. Applicability. When required. Every use and structure, including major alterations or expansions of a use or structure, shall provide off-street parking and loading facilities Aat the time of initial occupancy of a site,or construction of a structure, or major alteration or enlargement of a site or structure, off-street parking facilities and off-street loading facilities shall be provided in accord compliance with the regulations prescribed in this sectionin this Chapter. [Source: 18.55.020.A]
10.2.f
Packet Pg. 599
Chapter 18.70 Off-Street Parking and Loading
42 1. For the purposes of these requirementsthis Chapter, a major alteration or enlargement expansion means is considered a:
a. A change of use classification that would increase the required number of parking spaces or loading spaces by 10 percent or more of the total required before the change; or
b. An increase in floor area that would increase the required number of parking spaces or loading berths required by 10 percent% or more of the total number required before the alteration or enlargement expansionor an addition that would increase the number of parking spaces or loading berths required by 10% or more of the total number required before the alteration or enlargement. [Source: 18.55.020.A]
2. A change in occupancy is not considered a change in use unless the new occupant is a. or b. as noted above.in a different use classification than the former occupant (e.g., retail vs. Office). [Source: 18.55.020.A]
C.3. For aAny alteration or enlargement expansion of a parking or loading facility that does not increase the number of parking spaces or loading berths by 10 percent of the original total number required%, the altered or enlarged expanded portion of the parking or loading facility shall be required to comply with the standards established in this sectionChapter. [Source: 18.55.020.A]
18.70.020 General Requirements for Off-Street Parking and Loading A. Nonconforming Pparking or Lloading. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this sectionChapter. Existing off-street parking and loading facilities ; provided, that facilities being used for off-street parking and loading as of the date of adoption of this chapter shall not be reduced in number to less than that required by this sectionChapter. [Source: 18.55.020.B] B. Shared Parking. Off-street parking and loading facilities required by this section Chapter for any use shall not be considered as providing parking spaces or loading berths for any other use except where the provisions of PHMC § 18.55.040, Shared parking facilitiesSection
18.70.040 (Shared Parking Facilities), apply or a joint facility exists. [Source: 18.55.020.E] C. Location and Oownership. Parking required to serve a residential use shall be on the same site as the residence served. Parking required to serve a nonresidential use may be on a different site under the same or different ownership as the use served.; Tthe distance of nonresidential parking facilities from the use served shall be subject to review and approval by the Pplanning Ccommission. [Source: 18.55.020.F]
D. Common Lloading Ffacilities. The off-street loading facilities requirements of this section Chapter may be satisfied by the permanent allocation of the prescribed required number of berths for each use in a common truck loading facility,; provided, that the total number of berths shall not be less than the sum of the individual requirements. As a requirement of approval, a signed copy of a contract between the parties concerned setting forth an agreement to joint use of the common truck loading facility shall be filed with the application for a Zzoning Ppermit in compliance with Chapter 18.160 (Zoning Permit). The Ccity may record the contract. If the
10.2.f
Packet Pg. 600
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
43 gross floor area of individual uses on the same site is less than that for which a loading berth would be required by this Chapter, but the aggregate gross floor area of all uses is greater than the minimum for which a loading berth would be required, the aggregate gross floor area shall be used in determining the required number of loading berths. [Source: 18.55.020.G] E. Computation of Sspaces Rrequired. In calculating the number of required parking spaces or loading berths, if If, in the application of the requirements of this section, a fractional number is obtained, one parking space or loading berth shall be required for a fraction of more than onehalf, and no space or berth shall be required for a fraction of one-half or less. [Source:
18.55.020.H]
F. Land Bbanking. The Pplanning Ccommission may allow a portion of the required parking improvements to be deferred upon finding that all of the spaces are not needed immediately. (Ord. 949 § 13, 2021; Ord. 890 § 30, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-17.2, 1996; 1991 code § 35-17.2) [Source: 18.55.020.I]
18.70.030 Off-Street Parking and LoadingNumber of Spaces Required A. Parking and Loading Requirements by Land Use. Except as provided in Subsection B, parking requirements shall comply with the following:
1. Each land use shall provide the number of off-street parking spaces or loading berths required by Table 18.70-__ (Off-Street Parking and Loading Requirements by Land Use) and Table 18.70-__ (Off Street Loading Spaces Required). Additional spaces or berths may be required or approved by the Zoning Administrator through a Use Permit in compliance with Chapter 18.145 (Use Permit). [Source: 18.55.030]
1.2. If a land use is not specifically listed in Table 18.70-__ (Off-Street Parking and Loading Requirements by Land Use) Where the use is undetermined, and/or if a use requires approval of a conditional Uuse Ppermit, the Zzoning Aadministrator shall determine the probable use and the number of parking and loading spaces required, based on the operational characteristics of the proposed use. This may result in more off-street parking spaces being required than specified in Schedule 18.55.030A. In order toTo make this determination, the Zzoning Aadministrator may require the submission of survey data or other applicable studies from the applicant or prepared at the applicant’s expense. [Source: 18.55.030]
3. For off-street loading, ScheduleTable 18.70-__ (Off-Street Loading Space Requirements) 18.55.030B sets space requirements and standards for different groups of use classifications and sizes of buildings, which correspond with group numbers shown in the “Off-Street Loading Spaces” column in Schedule 18.55.030ATable 18.70- __ (Off-Street Parking and Loading Requirements by Land Use). References to spaces per square foot are to be computed calculated on the basis of based on gross floor area, unless otherwise specified, and shall include allocations of shared restrooms, halls, and lobby areas, but shall exclude area for vertical circulation, stairs, or elevators. [Source: 18.55.030]
B. Parking Minimum Exception. In compliance with California Government Code Sections 65585 and 65863.2, qualifying projects shall be exempt from providing the number of parking spaces required by this Chapter when located within one-half miles of public transit, as defined in Part
10.2.f
Packet Pg. 601
Chapter 18.70 Off-Street Parking and Loading
44 6 Chapter 18.205 (Definitions). However, the City may impose, and enforce, minimum parking requirements if the City makes written findings, within 30 calendar days of receipt of a complete application, that not imposing the parking minimum required by this Chapter would have substantially negative impacts on the City’s ability to meet its share of specified housing needs of existing residential or commercial parking within one-half mile of housing development. [Source: NEW, State legislation]
C. Parking Spaces and Loading Requirements required for Aalterations or Expansionsenlargement. The number of parking spaces or loading berths required for an alteration or enlargement expansion of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces or berths existing before the alteration, enlargementexpansion, or change of occupancy unless the preexisting number is greater than the minimum number listed in Table 18.70-A (Off-Street Parking and Loading Requirements by Land Use) prescribed in this section. In this case, the number of spaces or berths in excess of the prescribed required minimum shall be counted in determining the additional required number of spaces or berths. [Source: 18.55.020.C]
D. Spaces required for multiple usesMulti-Use Sites. If more than one use is located on a site, the number of off-street parking spaces and loading berths to be provided shall be equal to the sum of the requirements prescribed for each use, except in shopping centers where only the standards for the Shopping Center use classification in Schedule 18.55.030A Table 18.70-A (Off-Street Parking and Loading Requirements by Land Use) shall apply (one space per 250 square feet). [Source: 18.55.020.D]
Off-street parking and loading spaces shall be provided in accord with Schedules 18.55.030A and
18.55.030B. A limit on the number of parking spaces permitted for office uses is established to encourage carpooling and vanpooling, reduce traffic congestion, conserve energy and provide air quality benefits. [Source: 18.55.030]
Table 18.70-__: Off-Street Parking and Loading Spaces RequiredRequirements by Land Use
Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Schedule
18.55.030B Group Number
Residential
Accessory Ddwelling Uunit See Section 18.__.__ (Accessory Dwelling Units).
-
Bed and Bbreakfast 1 per guest bedroom, plus 2 for
the primary dwelling unit.
-
Community Care Ffacility, Ssmall
(up to 6 persons), licensed
Same as single-family residential. -
Emergency Shomeless shelter Within the LI zone district, 1 space per 750 sq. ft. of gross floor area
plus 1 space for1 per every 2
employees, and 1 additional space
for every facility vehicle.. Within
other zone zoning districts,
parking shall be as specified by
Uuse Ppermit.
-
10.2.f
Packet Pg. 602
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
45 Table 18.70-__: Off-Street Parking and Loading Spaces RequiredRequirements by Land Use
Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Schedule
18.55.030B Group Number
Family Dday Ccare Hhome, large See applicable single-family or multi-family residential parking
requirements.
-
Family day care home, small See applicable single-family or multifamily residential parking
requirements.
-
Group Rresidential 1 per sleeping room; plus or 1 per
2100 sq. ft. used for assembly
purposes or common sleeping
areas.
-
Multifamily Multi-Family
Rresidential
1.255 per studio; 1.5 peror 1-
bedroom unit of which 1 mustshall
be covered; or 2 spaces per 2-
bedroom or larger unit of which 1
mustshall be covered; plus 1 guest
parking space for every 42 units.
-
Multifamily Ssenior Housing 1 for each 2.5 dwelling units. - Single-family Family Rresidential For new construction, 2 spaces per dwelling unit both of which
mustshall be fully enclosed.
-
Single-Rroom Ooccupancy (SRO) Same as group residential. - Public and Semipublic
Care facility, large, licensed or
unlicensedCommunity Care
Facility, Large (7 or more persons)
1 per 3 beds, plus 1 for each
employee during peak hours of
operation, plus 1 visitor parking
space per 4 residents unless
otherwise specified by Use
Permituse permit (see PHMC §
18.55.030).
3 Clubs and lodges 1 per 100 sq. ft. used for assembly
purposes.
3 Cultural iInstitutions 1 per 300 sq. ft. gross floor area. 3 Day Ccare Facility, general As specified by Use Permit1 per 6 children; maximum enrollment
based on maximum occupancy
load.
See Paragraph C.2 of Section
18.70.110
-
Emergency Mmedical Ccare 1 per 200 sq. ft.
Government Ooffices 1 per 250 sq. ft. 2
Maintenance and Sservice
Ffacilityies
1 per 500 sq. ft., plus 1 per 500
sq. ft. of outdoor storage area.
1 Park and recreatioRecreation n
facilitFacilityies
As specified by Zzoning Ppermit
or Uuse Ppermit for private
facilities.
See Paragraph C.2 of Section
18.70.110
Place of Assembly (club, lodge,
place of worship)
1 per 4 fixed seats, or 1 per 100
sq. ft. used for assembly
purposes, whichever is greater.
3 Public Ssafety Ffacilityies As specified by Uuse Ppermit. 3 Offender Rrehabilitation Sservices As specified by Uuse Ppermit. -
10.2.f
Packet Pg. 603
Chapter 18.70 Off-Street Parking and Loading
46 Table 18.70-__: Off-Street Parking and Loading Spaces RequiredRequirements by Land Use
Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Schedule
18.55.030B Group Number
Religious assembly 1 per 4 fixed seats, or 1 per 50 sq. ft. of seating area if there are no
fixed seats.
Schools, Ppublic or Pprivate 1 for each employee; plus 1 for every 100 sq. ft. of classroom.
See Paragraph C.2 of Section
18.70.110
1 Utilities, Mmajor As specified by use permit. 1
Commercial
Adult Bbusinesses 1 per 250 sq. ft. 1
Ambulance Sservices 1 per 500 sq. ft., plus 2 storage
spaces.
1 Animal Sales and Service:
Animal Bboarding or Ggrooming;
Aanimal Hhospital
1 per 400 sq. ft. 1
Animal Dday Ccare 1 per 400 sq. ft. of indoor space
Animals, Rretail Ssales 1 per 250 sq. ft. 1
Riding Aacademyies As specified by the Zzoning
Aadministrator.
-
Artists’ Sstudios 1 per 1,000 sq. ft. 1
Automobile Mmaintenance,
Llimited
2 per service bay plus queue for 2
cars per bay.
Automobile Sservice Sstations 3 per service bay plus 1 per each employee.
-
Automobile, Vvehicle/Eequipment
Bbroker
1 per 300 sq. ft., but not to exceed
1 per 250 sq. ft.
2 Automobile, Vvehicle/Eequipment
Rrepair
4 per service bay or 1 per 225 sq.
ft., whichever is greater.
-
Automobile, Vvehicle/Eequipment
Ssales and Rrentals
1 per 250 sq. ft. of office and
ancillary meeting spaces; plus 1
per 1,000 sq. ft. of indoor product
sales and display areas; plus 1 per
1,000 sq. ft. of outdoor sales and
product display areas; plus 2
spaces per service bay for any
accessory service, repair and
maintenance facilities. Parking lot
design standards (SectionPHMC
§§ 18.55.080 through 18.55.170)
shall apply to employee and
customer parking and loading
areas only.
1 Automobile, Vvehicle/Eequipment
Wwholesaler
1 per 400 sq. ft. 1
Automobile Wwashing 1 per 200 sq. ft. of sales, office, or lounge area; plus queue for 5 cars
per washing station.
-
Banks and savings and
loansFinancial Institution
1 per 200 250 sq. ft. 2
Drive-up Sservice Queue space for 5 cars per teller. -
Building Mmaterials and Sservices 1 per 400 sq. ft.; plus 1 per 500 sq. ft. of outdoor storage area.
1 10.2.f
Packet Pg. 604
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
47 Table 18.70-__: Off-Street Parking and Loading Spaces RequiredRequirements by Land Use
Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Schedule
18.55.030B Group Number
Catering Sservices 1 per 400 sq. ft. 1
Commercial Rrecreation and Eentertainment:
Bowling Alley 6 per lane. 1
Electronic Ggame Ccenters 1 per 400 sq. ft. -
Skating Rrinks 1 per 5 fixed seats, or 1 per 35 sq.
ft. seating area if there are no
fixed seats; plus 1 per 250 sq. ft.
floor area not used for seating.
-
Billiards/Ppool tablesHall 2 per table, 1 per employee. - Tennis and Rracquetball Cclubs 4 per court. 1
Other Ccommercial Rrecreation As specified by the Zzoning Aadministrator.
-
Communications Ffacilities 1 per 500 sq. ft. 2
Eating and Ddrinking 1 per 100 sq. ft. gross area; plus queue space as determined by the
Zzoning Aadministrator for drivethrough service.
-
For Uuses with Ttake-Oout
Sservice Oonly
1 per 50 sq. ft. gross area; plus
queue space as determined by the
Zzoning Aadministrator for drivethrough service.
1 With Ooutdoor Sseating No additional spaces for the first 12 seats; 1 additional space per 3
seats for more than 12 seats
except within the Downtown
Specific Plan area where parking
requirements for outdoor seating
shall be as specified by the
Zzoning Aadministrator or
Pplanning Ccommission.
-
Equipment and Aappliance
Mmaintenance and Rrepair
Sservices
1 per 400 sq. ft.; plus 1 per 500
sq. ft. of outdoor storage area.
1 Fitness Sstudio 1 per 250 sq. ft. -
Food and Bbeverage Ssales 1 per 250 sq. ft. 1
Funeral and Iinterment Sservices 1 per 50 sq. ft. seating area. 1 Horticulture, Llimited 1 per 2 acres. -
Hotel and Motels 1 per guest room plus 1 per 50 sq.
ft. banquet seating area.
-
Laboratoryies (g, General) 1 per 500 sq. ft. 1
Laboratory, ies (Mmedical and
Ddental)
1 per 200 sq. ft. 1
Live Eentertainment (all types
except karaoke)
As specified by the Zzoning
Aadministrator.
-
Karaoke 1 per 4 karaoke seats, 1 per
employee.
Maintenance Sservices
Eestablishments
1 per 500 sq. ft. 1
Nurseryies 1 per 500 sq. ft. of outside display
lathe house area, plus 1 per 250
sq. ft. gross floor area.
-
10.2.f
Packet Pg. 605
Chapter 18.70 Off-Street Parking and Loading
48 Table 18.70-__: Off-Street Parking and Loading Spaces RequiredRequirements by Land Use
Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Schedule
18.55.030B Group Number
Offices, Ggeneral 1 per 300 sq. ft. but not to exceed
1 per 250 sq. ft.
2 Offices, Mmedical and Ddental 1 per 200 sq. ft. -
Pawn Sshops 1 per 250 sq. ft. 1
Personal Iimprovement Sservices 1 per 250 sq. ft. As specified in the applicable Use Permit
-
Dance or Mmusic Sstudio 1 per 600 sq. ft. -
Personal Sservices 1 per 250 sq. ft. 1
Pharmacy 1 per 250 sq. ft. -
Non-Rretail/Wwholesale 1 per employee. -
Research and Ddevelopment
Sservices
1 per 400 sq. ft. -
Retail Ssales Not Otherwise Listed
in this Tablelisted under another
use classification
1 per 250 sq. ft. 1
Furniture/Aappliance Salesstores,
(household equipment store)
1 per 400 sq. ft. 1
Shopping Ccenters 1 per 250 sq. ft. 1
Theaters 1 per 4 fixed seats, or 1 per 40 sq.
ft. seating area if there are no
fixed seats.
1 Vehicle Sstorage Ffacilities 1 per 500 sq. ft. (in addition to parking for the vehicles stored on
site as part of this use).
-
Travel Sservices 1 per 300 sq. ft. -
Industrial
Fuel Sstorage and Ddistribution As specified by the Uuse pPermit. - Industry, Ccustom and Ggeneral 1 per 1,000 sq. ft. -
Industry, Llimited 1 per 750 sq. ft. -
Industry, Rresearch and
Ddevelopment
1 per 500 sq. ft. -
Warehousing and Sstorage,
Llimited
1 per 1,000 sq. ft. 1
Wholesale Ddistribution and
Sstorage
1 per 800 sq. ft. 1
10.2.f
Packet Pg. 606
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
49 18.70.040 Shared Parking Facilities
A. Use permit for shared parking facilitiesReduction of Parking for Shared Use. Shared parking facilities serving more than one use on a site or serving more than one property may apply for a reduction in the total number of parking or loading spaces required by this Chapter through aA Uuse Ppermit may be in compliance with Chapter 18.145 (Use Permit).approved by the zoning administrator or planning commission for shared parking facilities serving more than one use on a site or serving more than one property (see PHMC Chapter 18.95). A use permit for shared off-street parking may allow a reduction of the total number of spaces required by this section if the findings in subsection B of this section are made . No use shall be continued if the on-site or off-site parking is removed unless substitute parking facilities are provided. The Use Permit for reduced parking requirements for shared parking facilities may be required to include: [Source: 18.55.040.A]
A.
1. The maximum allowable reduction in the number of spaces to be provided shall be reviewed and approved through a use permit. An applicant for a use permit for shared parking may be required to submit Ssurvey data substantiating a request for reduced parking requirements, at the expense and responsibility of the applicant.
B. A use permit for shared parking shall describe Description of the limits of any area subject to reduced parking requirements and the reduction applicable to each use.
2. C.B. Findings required. A Uuse Ppermit for shared off-street parking facilities may allow a reduction of the total number of spaces required by this section Chapter if the following findings are made:
[Source: 18.55.040.B]
1. The spaces to be provided will be available as long as the uses requiring the spaces are in operation; [Source: 18.55.040.B.1]
Table 18.70-B: Off-Street Loading Spaces RequiredRequirements Gross Floor Area (sq. ft.) 10' x 20' x 10' 12' x 25' x 14' Use Classification Group 1
0 to 3,000 0 0
3,001 to 15,000 1 0
15,001 to 50,000 2 0
50,001 and over 3 0
Use Classification Group 2
0 to 10,000 1 0
10,001 to 20,000 1 1
20,001 and over 1 1
Use Classification Group 3
0 to 30,000 0 1
30,001 to 100,000 0 2
100,000 and over 0 3
(Ord. 964 § 12, 2023; Ord. 949 § 14, 2021; Ord. 915 § 12, 2017; Ord. 902 § 8, 2016; Ord. 890 § 31, 2015; Ord. 874 § 6, 2013; Ord. 867 § 7, 2012; Ord. 865 § 6, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-17.4, 1996; 1991 code § 35-17.4)
10.2.f
Packet Pg. 607
Chapter 18.70 Off-Street Parking and Loading
50 2. The peak hours of parking demand from all uses do not coincide so that peak demand is greater than the parking provided; [Source: 18.55.040.B.2]
3. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if collective parking is not provided; and [Source:
18.55.040.B.3]
4. A written agreement exists between the landowner(s) and the Ccity, in a form satisfactory to the Ccity Aattorney, that includes all the following: [Source:
18.55.040.B.4]
a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking; [Source: 18.55.040.B.4.a] b. A guarantee among the landowner(s) for access to and use of the shared parking facilities in perpetuity. However, if the landowner providing the shared parking facility is a public agency, then the minimum required time period for the agreement shall be as established by mutual consent of the Ccity and the applicable public agency; [Source: 18.55.040.B.4.b]
c. A provision that the Ccity may require parking facilities in addition to those originally approved upon a finding by the Pplanning Ccommission that adequate parking to serve the use(s) has not been provided; [Source:
18.55.040.B.4.c]
d. A provision stating that:
i. Tthe Pplanning Ccommission may, for due cause and upon notice and hearing, unilaterally terminate the agreement at any time; and d.ii. Tthe Zzoning Aadministrator may terminate the agreement upon finding that substitute parking facilities meeting the requirements of this section are provided; and [Source: 18.55.040.B.4.d] e. A provision that the agreement will be recorded in the Ccounty Rrecorder’s Ooffice upon issuance of the Uuse Ppermit. (Ord. 934 § 7, 2019; Ord. 890 § 32, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-17.6, 1996; 1991 code § 35-17.6) [Source: 18.55.040.B.4.e]
18.70.050 Reduced Parking for Single Use Classificationss A. An applicant may request a reduction in the number of parking spaces required in this Chapter by submitting an application for a Use Permit with the Planning Division in compliance with Chapter 18.145 (Use Permit).
B. Maximum Allowable Reduction. The Zzoning Aadministrator may approve a Uuse Ppermit for up to a 10 percent% reduction in the number of parking spaces required under this Chapter, and the Pplanning Ccommission may approve a Uuse Ppermit for more than a 10 percent% reduction in the number of parking spaces required under this Chapter to less than the number specified Table 18.70-A (Off-Street Parking and Loading Requirements by Land Use) and Table 18.70-B (Off-Street Loading Space Requirements)in Schedule 18.55.030A or
18.55.030B,; provided, that the following findings are made: [Source: 18.55.050]
10.2.f
Packet Pg. 608
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
51 A.1. A. The parking demand will be less than the requirement in the Table 18.70-A (OffStreet Parking and Loading Requirements by Land Use) and Table 18.70-B (Off-Street Loading Space Requirements); and [Source: 18.55.050.A]
B.2. B. The probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand. [Source: 18.55.050.B] C. In reaching a decision, the Zzoning Aadministrator or Pplanning Ccommission shall consider parking survey data, parking analysis or any other technical information, submitted by an applicant or collected at the applicant’s request and expense. The Uuse Ppermit issued pursuant toin compliance with this section Section shall be recorded in the Ccounty Rrecorder’s Ooffice. (Ord. 949 § 15, 2021; Ord. 710 § 35-17.8, 1996; 1991 code § 35-17.8) [Source:
18.55.050]
18.70.060 Parking Reductions Allowed Within Priority Development and Transit Uses
A project site within a priority development area (designated by the Association of Bay Area Governments, “ABAG”) or within a quarter-mile of a regional transit hub (BART station or transit center) is allowed to have up to a 15 percent% reduction from in the number of spaces required under Schedule
18.55.030A this Chapter as determined by the Zzoning Aadministrator. This parking reduction does not apply to single-family residential sitesdevelopments. (Ord. 856 § 2 (Exh. A), 2011) [Source: 18.55.180]
18.70.070 Minor Adjustments to Parking Design Standards A. Adjustments subject to zoning administrator approval. The Zzoning Aadministrator may approve an adjustment of up to 20 percent% from the parking design standards in Subsections C and D of PHMC §§ 18.55.020.F and GSection 18.70.020 (General Requirements),
18.55.040Section 18.70.040 (Shared Parking Facilities), and 18.55.070 Section 18.70.090 (Electric Vehicle, Bicycle, and Non-Automobile Modes of Transportation) through
18.55.17018.70.130 (Additional Design Standards for Parking Facilities), and/or use of an alternative driveway surface material, by approval of a Zzoning Ppermit. [Source: 18.55.190.A] B. Adjustments subject to planning commission approval. The Pplanning Ccommission may approve a Uuse Ppermit for adjustments of greater than 20 percent% from the parking standards listed in Ssubsection A of this section. [Source: 18.55.190.B] C. Findings required. Before approval of an adjustment, the Zzoning Aadministrator or Pplanning Ccommission shall make the following findings: [Source: 18.55.190.C]
1. The adjustment is consistent with the intent of the Zzoning Oordinance; [Source:
18.55.190.C.1]
2. The adjustment will not adversely affect adjacent properties; [Source: 18.55.190.C.2]
3. The adjustment is necessary due to practical difficulties involved in the strict application of Zzoning Oordinance standards; and [Source: 18.55.190.C.3]
4. For an adjustment of 20 percent% or more, the Pplanning Ccommission shall also make Uuse Ppermit findings under PHMC § 18.95.040Chapter 18.145 (Use Permit). (Ord. 902 § 9, 2016; Ord. 856 § 2 (Exh. A), 2011) [Source: 18.55.190.C.4]
10.2.f
Packet Pg. 609
Chapter 18.70 Off-Street Parking and Loading
52 18.70.080 ADA Compliant Parking Spaces
All parking facilities shall comply with the requirements of the California Code of Regulations (Chapter 24, Part 2, Division 2-71) and with the sign requirements of California Vehicle Code section 22507.8.
Parking lot modifications required to comply with these requirements shall be allowed, including reduction in required parking spaces or modification to provisions contained in this Cchapter, subject to review and approval of the Ccity Eengineer and Zzoning Aadministrator. (Ord. 890 § 33, 2015; Ord. 710 § 35-17.10, 1996; 1991 code § 35-17.10) [Source: 18.55.060]
18.70.090 Electric Vehicle (EV), Bicycle, and Non-Automobile Modes of Alternative Transportation
A. Electric Vvehicle (EV) Pparking – Number required. [Source: 18.55.070.A]
1. CALGreen Building Code Compliance. All EV parking spaces provided within any zoning district shall comply with the standards and requirements established in the California Green Building Standards Code (CALGreen), as amended, in addition to the standards established in this Section.
Commercial Uuse Cclassifications.
New commercial developments shall provide a minimum of one two EV parking space (including charging facilitystation) when the parking lot area has 265 to 50 parking spaces, and one additional EV parking space (including charging facility) for every 50 additional spaces. [Source: 18.55.070.A.1] Parking facilities with more than 200 spaces, 25 percent of spaces shall be EV parking spaces (including charging stations). [Source: NEW, State law]
1. Existing parking lots that are modified and subject to the provisions of PHMC § 18.55.020.ASubparagraph B.1 of Section 18.70.020 (General Requirements for Off-Street Parking and Loading) shall also be required to comply with this Ssection. [Source: 18.55.070.A.1]
2. All Oother Uuse Cclassifications.: New developments in all use classifications other than commercial uses shall provide the number of EV parking spaces (including charging station) as specified by the issued Aarchitectural Rreview Permit, Uuse Permit, or Ddevelopment Pplan Ppermit. [Source: 18.55.070.A.2]
3. Development Rregulations.: All EV parking spaces shall follow the development regulations contained established in PHMC Chapter 14.75 (Electric Vehicle Charging Systems – Streamlined Permitting). [Source: 18.55.070.A.3] B. Bicycle Pparking – Where required. Bicycle parking spaces shall be provided in every zoning district as required by this Subssection. [Source: 18.55.070.B] C.1. Bicycle parking – Number requiredNumber of Spaces Required. [Source: 18.55.070.C, modified]
1.a. Public and Ssemipublic Uuse Cclassifications.: Aas specified by Uuse Ppermit. [Source: 18.55.070.C.1]
10.2.f
Packet Pg. 610
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
53 2.b. Commercial Uuse Cclassifications. Each development shall provide at least one bicycle space plus the equivalent of five2 percent% of the requirement for automobile parking spaces. [Source: 18.55.070.C.2]
c. Residential Uuse Cclassifications.
3.2. Multi-Family Residential. Each development shall provide the equivalent ofat least one bicycle parking space for every 510 required automobile parking spaces, with a minimum of one bicycle parking space per development. [Source: 18.55.070.C.3] D.C. Bicycle parking dDesign Rrequirements. For eEach bicycle parking space required, a shall provide a stationary object shall be provided to which a user can secure both wheels and the frame of a bicycle with a six-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket. The following alternative facilities may be provided, subject to approval of the Zzoning Aadministrator: [Source: 18.55.070.D]
1. An enclosed bicycle locker; or [Source: 18.55.070.D.1]
2. A three-point bicycle rack which secures both wheels and the frame; or [Source:
18.55.070.D.2]
3. A fenced, covered, locked, or guarded bicycle storage area. Spacing of theAll bicycle units within the storage area shall bemeasure, at minimum, figured on a handle width of three feet36 inches in width, a distance from bottom of wheel to top of handlebar, three feet, six inches42 inches in height, and a maximum wheel distance of six feet72 inches Prin length to fit the average bicycle dimensions. [Source: 18.55.070.D.3] D. Motorcycle Pparking Sspaces. A cCommercial, office, or industrial uses having more than 10,000 square feet in size is required to shall designate at least one standard parking space as motorcycle parking space that meets all the following standards. The designated spaces’ [Source: 18.55.070.E]
1. The entrance of the space shall be consist of a concrete wheel stops piece at least 36 inches long and affixed to a foundation by epoxy cement and results in a two foottwofoot separation to provide access from the aisle or driveway. [Source: 18.55.070.E] E. The wheel stops shall have a two-foot separation to provide access from the aisle or driveway. [Source: 18.55.070.E]
F.E. Alternative Transportation Amenities. In addition to the other standards required in this Chapter, nNew developments with consisting of more than 10 housing units or over 5,000 square feet of nonresidential uses shall include amenities that encourage alternative and/or active modes of transportation that reduce pollution or vehicle miles traveled (VMT) as a benefit to the community (ie.eg., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations, innovative bus shelter designs).
The requirements of this Subsection are subject to approval by the Zoning Administrator on a recommendation from the City Engineer (Ord. 967 § 9, 2024; Ord. 964 § 13, 2023; Ord. 934 § 8, 2019; Ord. 906 § 11, 2016; Ord. 710 § 35-17.12, 1996; 1991 code § 35-17.12) [Source:
18.55.070.F]
10.2.f
Packet Pg. 611
Chapter 18.70 Off-Street Parking and Loading
54 18.70.100 Parking Space and Drive Aisle Dimensions
A. Parking Space and Lot Dimensions. Covered and uncovered parking spaces shall comply with the following parking space dimension requirements.
1. General Requirements. Minimum parking dimensions are established in Table 18.70- __ (Minimum Parking Space Dimensions). [Source: 18.55.080] Table 18.70__: Minimum Parking Space Dimensions
Land Use Type of Space Width x Length in Feet
Standard Space Compact Space
Residential Spaces in a garage or
carport
Uncovered 8.5 x 19 8 x 16
Nonresidential Perpendicular 8.5 x 19 8 x 16
All Parallel space 9 x 23 8 x 20
Residential Spaces in a garage or carport
Nonresidential Perpendicular 8.5 x 19 8 x 16
All Parallel spaces 9 x 23 8 x 20
A.2. Residential Garages. Minimum dimensions for residential enclosed garage (inside dimensions). A new garage or alteration to an existing garage in a residential zoning district shall conform to the following minimum dimensions: [Source: 18.55.150.B]
1.a. Single-car garage (internal dimensions): 10 feet by 22 feet with a (nine-foot door opening). [Source: 18.55.150.B.1]
a.b. Double-car garage (internal dimensions): 20 feet by 22 feet with a one (16-foot door opening or two, nine-foot door openings). [Source: 18.55.150.B.2] B.c. Minimum setbacks for garages. Any garage structure with the garage door or driveway facing a property line shall be set back a minimum of 20 feet from that property line and/or from a private vehicular access easement. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-17.28, 1996; 1991 code § 35-17.28) [Source:
18.55.150.D]
d. No interior door shall open into a garage space unless the door will fully opens without encroaching into the above specified areas. A preexisting garage that does not meet these dimensional requirements is not deemed a nonconforming use solely because of this nonconformity in accordance with Table 18.70-__: Minimum Parking Space Dimensions
Use Type of Space Width x Length in Feet
Large Car Small Car
Uncovered 8.5 x 19 8 x 16
(Ord. 949 § 16, 2021; Ord. 906 § 10, 2016; Ord. 710 § 35-17.14, 1996; 1991 code § 35-17.14)
10.2.f
Packet Pg. 612
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
55 Section 18.190.040 (Nonconforming Uses) (See PHMC § 18.65.020). [Source:
18.55.150.B.2]
C.3. Residential Minimum dimensions for residential cCarports. Each single carport car parking area shall measure nine feet by 19 feet. The width of the carport is measured from the inside face of the support to the inside face of the opposite support. The carport roof shall cover the entire 19-foot length of the space. [Source: 18.55.150.C]
4. Compact Parking Spaces. Compact car spaces may be provided as follows. In general.
For r [Source: NEW]
a. Maximum Number of Spaces.
i. Residential Uuses., Up to 50 percent of required guest parking spaces may be compact spaces. No required resident parking spaces shall be compact spaces. all required resident spaces and at least 50% of guest spaces shall be large-car spaces. [Source: 18.55.190.A] ii. For nNonresidential Uuses., Uup to 50 percent% of the required parking spaces may be small-carcompact spaces. [Source:
18.55.190.A]
D.b. Markings. Each compact Small-car parking spaces shall be clearly marked in letters reading “Compact” or “Compact Only”. [Source: 18.55.190.A]
18.70.110 Application of Dimensional Requirements
A.B. Relation to Parking Aaisles. In addition to the parking space dimensions established in Table
18.70-__ (Minimum Parking Space Dimensions), all parking spaces shall comply with the following standards in relation to parking aisles. [Source: 18.55.190.B
1. Obstructions.
a. Each Any parking space adjoining a wall, column, or other obstruction with a height measuring more higher than 0.5 six inches foot shall be increased by two feet on each obstructed side. See Figure 18.70-__ (Parking Spaces Adjoining Walls, Columns, and Other Obstructions).
b. If the obstruction does not abut the required aisle, provided, that the the twofoot increase may be reduced by 0.25 foot three inches for each one foot of unobstructed distance from between the edge of a required aisle to the obstruction, measured parallel to the depth of the parking space. [Source:
18.55.190.B.1, modified]
10.2.f
Packet Pg. 613
Chapter 18.70 Off-Street Parking and Loading
56 Figure 18.70-__
Parking Spaces Adjoining Walls, Columns, and Other Obstructions
1. 2. At the end of a parking bay, tThe driveway aisle providing access to the parking spaces from the street shall extend two feet beyond the end of the last parking space to allow for adequate vehicle movement. [Source: 18.55.190.B.2, modified] C. Vertical Cclearance. In covered parking areas, the vVertical clearance for parking spaces shall be a minimum of seven feet. The following exceptions apply:
1. , except that an An entrance into a parking area may be have a vertical clearance of
6.67 feet80 inches., and
B.2. Tthe vertical clearance of the front five feet of a parking space serving a residential use may be four and one-half feet. [Source: 18.55.190.C, modified] C.D. Wheel Sstops. Wheel stops shall be required at all parking stalls where the end of the stall is less than two and one-half feet from a fence, wall, pedestrian walkway, tree, other vertical obstruction, or landscape area not protected by a vertical curb. This requirement can be waived or adjusted at the discretion of the City Engineer. When a parking space abuts a landscaped planter less than six inches high, the front two feet of the required length for a parking space may extend into the planter.All spaces shall have wheel stops two and one-half feet from a fence, curb, wall, or landscaped walkway, unless the landscape walkway has adequate width to allow pedestrian access. When a parking space abuts a landscaped planter less than six inches high, the front two feet of the required length for a parking space may extend into the planter. (Ord. 938 § 8, 2020; Ord. 710 § 35-17.16, 1996; 1991 code § 35-17.16) [Source:
18.55.190.D]
A. Aisle and parking space dimensions. Aisle widths adjoining parking spaces and parking stalls shall be pursuant toin compliance with Schedule 18.55.100Table 18.70-__ (, Minimum Parking Aisle Dimensions), below: . [Source: 18.55.100.A]
10.2.f
Packet Pg. 614
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
57 18.70.110 Driveways and Site Access
A. Driveway Dimension Requirements. A drivewayAll driveways shall have comply with the following minimum dimensional requirements:
1. Driveway Width. Driveways shall comply with the following minimum widths based on the number of parking spaces. All driveways shall be measured at the gutterline. a. Residential Use (up to three spaces). RServing a single-family or duplex esidential uses use: Up to three requiring up to threeed parking spaces – shall Table 18.70-__: Minimum Parking Aisle Dimensions
Angle of
Parking
Parallel 20° 30° 40° 45° 50° 60° 70° 80° 90°
A. Curb
length
per
car
All 20′ 0′′ 22′
10′′
16′ 2′′ 12′ 8′′ 11′ 6′′ 10′ 9′′ 9′ 7′′ 8′ 10′′ 8′ 7′′ 8′ 6′′ B. Stall
depth
Small 8′6 ′′ 12′ 6′′ 14′ 6′′ 16′ 0′′ 16′ 8′′ 17′ 0′′ 17′ 7′′ 17′ 7′′ 17′ 1′′ 16′ 0′′ Large 9′ 0′′ 15′ 0′′ 17′ 4′′ 19′ 2′′ 19′
10′′
20′ 5′′ 21′ 0′′ 21′ 0′′ 20′ 5′′ 19′ 0′′
C. Aisle
width
All 12′ 6′′ 12′ 0′′ 12′ 0′′ 12′ 0′′ 13′ 0′′ 15′ 0′′ 18′ 0′′ 20′ 0′′ 25′ 0′′ 25′ 0′′ D. Depth
of two
stalls
Small – 18′ 0′′ 22′ 6′′ 26′ 4′′ 28′ 1′′ 31′ 3′′ 31′ 5′′ 32′ 8′′ 32′ 10′′
32′ 0′′
Large – 21′ 5′′ 26′
10′′
31′ 4′′ 33′ 2′′ 34′
11′′
37′ 5′′ 38′ 9′′ 39′ 0′′ 38′ 0′′
E. Depth
of two
stalls
plus
aisle
Small 27′ 0′′ 36′ 0′′ 40′ 0′′ 44′ 0′′ 46′ 4′′ 49′ 0′′ 53′ 2′′ 54′ 2′′ 58′ 2′′ 56′ 0′′ Large 30′ 0′′ 42′ 0′′ 46′ 8′′ 50′ 4′′ 53′ 8′′ 55′
10′′
60′ 0′′ 62′ 0′′ 65′ 8′′ 63′ 0′′
10.2.f
Packet Pg. 615
Chapter 18.70 Off-Street Parking and Loading
58 have a driveway measuring at least 10 feet minimum driveway. [Source:
18.55.120.A]
b. Residential Use (four or more spaces). RServing a multifamily or single-family residential uses: requiring four or more required parking spaces shall have a one-way driveway measuring at least – 12 feet one-way or a two-way driveway measuring at least 20 feet two-way minimum driveway. [Source: 18.55.120.B] c. Serving a Nnonresidential Uuse (less than 25 spaces).: Nonresidential uses requiring less than 25 parking spaces shall have a one-way driveway measuring at least 12 feet or a two-way driveway measuring at least 20 feet. [Source: 18.55.120.C]
d. Nonresidential Use (25 or more spaces). Nonresidential uses requiring less than 25 parking spaces shall have a one-way driveway measuring at least 15 feet or a two-way driveway measuring at least 26 feet. [Source:
18.55.120.C]
1.2. A new driveway shall not be placed on an arterial street unless other alternatives are unavailable. [Source: 18.55.150.A]
a. Vertical Obstruction Clearance. All driveways 24 or fewer spaces (12 feet one-way, 20 feet two-way); 25 or more spaces (15 feet one-way, 26 feet two-way). [Source: 18.55.120.C]
B.3. width at the gutterline, plus a shall have an additional clearance of at least minimum of one- foot additional clearance on each side of a vertical obstruction exceeding onehalf 0.5 foot in height. [Source: 18.55.120]
4. Multiple Driveways.
a. Number of Driveways.
i. Property with less than 200 feet of frontage on an arterial street is limited to one driveway. [Source: 18.55.110.A]
ii. Property with 200 feet or more of frontage is limited to two driveways. [Source: 18.55.110.A]
b.iii. Joint use of driveways with adjacent property may be required in all cases to reduce the total number of driveways along arterial streets, improve the flow of traffic and lower accident potential. [Source:
18.55.110.A]
a. Multiple driveways serving the same parking facility shall be located at least 35 feet apart. [Source: 18.55.120]
b.
C.5. The Zzoning Administrator in consultation with the City Engineer, city engineer, may require driveways in excess of to be modified from the above widths where unusual traffic, grade, or site conditions prevail. The Zzoning Aadministrator also may also require driveways to be constructed with full curb returns and handicapped ramps as
10.2.f
Packet Pg. 616
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
59 opposed to simple curb depression. (Ord. 710 § 35-17.22, 1996; 1991 code § 35-
17.22) [Source: 18.55.120]
D.
B. Access Requirements.
1. Driveway Access. All rRequired parking spaces shall have unobstructed access to the nearest driveway and comply with the following standards. [Source: 18.55.080] a. No thus, no ttandem parking, mechanical lifts, or other similar parking configurations is are allowed to satisfy parking requirements established in this Chapter. [Source: 18.55.080]
E.b. All spaces in a parking facility shall be accessible without a vehicle needing to reentering reenter a public right-of-way unless it is physically impossible to provide for such access. An alley may be used as maneuvering space for access to off-street parking. [Source: 18.55.110.B]
F.2. Access Drives. Where an area used for oOff-street parking facilities that does do not abut a public street, there shall be shall provided provide an access drive not less than 20 feet in width for two-way traffic, connecting the off-street parking area with a public street. The access drive shall be paved in the manner required for off-street parking lots and may not traverse property in any residentialR zoning district unless the drive provides access to a parking area serving a use in an Ra residential zoning district. [Source: 18.55.110.C]
G.3. Dead-End Access Driveway. A dead-end access or service driveway with a length of 150 feet or greater shall provide a turnaround consisting of at least one specifically designated parking space, or an equivalent alternative, as determined by the Zzoning Aadministrator. [Source: 18.55.110.5]
4. Driveway Entrances.
H.a. All driveway eEntrances and exits are subject to the approval of the Ccity Eengineer. [Source: 18.55.110.E]
I.b. An entrance to a parking area accommodating more than 25 automobiles vehicles shall include a landscaped median strip. The design of the strip is subject to approval by the Pplanning Ccommission and the Aarchitectural Rreview Ccommission. The strip shall be located to eliminate possible crosstraffic within the parking area within 50 feet of the public right-of-way. An applicant may request Zzoning Aadministrator, Aarchitectural Rreview Ccommission, or Pplanning Ccommission approval modifying this requirement based on the size of the parking area, the circulation plan, and sight and safety considerations. (Ord. 906 § 12, 2016; Ord. 710 § 35-17.20, 1996; 1991 code § 35-17.20) [Source: 18.55.110.F]
J.C. Circulation. Parking facilities shall be designed to comply with the following standards, where applicable, to promote effective and efficient circulation within parking lots [Source:
18.55.100.B]
10.2.f
Packet Pg. 617
Chapter 18.70 Off-Street Parking and Loading
60 1. Within a parking lot, circulation must be such that a car entering the parking lot need not enter the street to reach another aisle and that a carVehicles shall not enter a public street right-of-way backwards,. No backing into streets is permitted except for a singlefamily detached residence or a duplex residence where each unit is served by an individual driveway. [Source: 18.55.100.B.1]
2. Each preschool, or day care center, private educational, institutional, or public recreational land use located in an residential zoningR district, or a commercial recreational facility shall include a drop-off area that may be adjacent to a primary access or parking aisle. Minimum widths for such Drop-off areas, combined with accesses, are shall have a minimum width of 12 feet for one-way traffic and 25 feet for two-way traffic. [Source: 18.55.100.B.2]
3. Within a parking lot, Parking lots shall provide a pedestrian walkway shall be provided for every four parking aisles. (Ord. 710 § 35-17.18, 1996; 1991 code § 35-17.18) [Source: 18.55.100.B.3]
18.70.120 Screening, Lighting, and Landscaping
A. Screening.
1. Nonresidential Uses (five or more spaces). A parking area for with five or more cars parking spaces serving a nonresidential use shall be screened from an adjoining R zoning district or a ground-floor residential use by a solid concrete, solid wood, or masonry wall at least eight feet in height, constructed to withstand a 15-pound-persquare-foot wind load, except that the height of thea wall adjoining a required front yard setback in an R residential zoning district shall not exceed three feet.
A.2. Residential Uses (five or more spaces). A carport or open parking area for with five or more cars parking spaces serving a residential use shall be screened from an adjoining lot in an R district or a ground-floor residential use by a solid wall or fencesolid concrete, solid wood, or masonry wall at least six feet in height, except that the height of a wall or fence adjoining a required front yard setback in an Ra residential zoning district shall not exceed three feet. [Source: 18.70.150.A]
B. Lighting. Lighting in outdoor parking lots Outdoor parking lot lighting shall be designed, installed, and maintained to prevent nighttime sky light pollution and promote use energy efficiently by lighting illuminating only those areas or objects necessary for safety and security.
All outdoor parking lots lighting shall conform to the following lighting standards: [Source:
18.70.150.B]
1. Exterior light fixtures shall be full cutoff fixtures designed and installed so that no emitted light will break a horizontal plane passing through the lowest point of the fixture.
See Figure 18.70-__ (Light Design). [Source: 18.70.150.B.1]
10.2.f
Packet Pg. 618
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
61 1. Figure 18.70-__
Light Design
2. Outdoor parking area lighting shall not employ a lLight source fixtures shall not be mounted higher than 24 feet above finished grade. [Source: 18.70.150.B.2]
3. Outdoor parking area lighting shall be Light sources shall be directed downward and shall not directly shine onto any adjacent street or property.
4. Light Temperature (color). The maximum color temperature of any exterior light source shall not exceed 3,000 Kelvins. [Source: NEW]
3.5. Maximum Light Intensity. Light sources shall not exceed the following light intensity maximums:
4.a. Maximum illumination light intensity adjacent to any residential property line or R residential zoning district boundary line shall not exceed 0.2 footcandles as measured in the vertical plane at the property line to a height equal to the height of the light source. [Source: 18.70.150.B.3]
5.b. The mMaximum illumination light intensity on a nonresidential site, except automobile and, vehicle/equipment sales lots and automobile service stations, shall not exceed 10 footcandles, when measured at finished grade. [Source:
18.70.150.B.4]
c. The maximum light intensity on automobile vehicle equipment sales lots and automobile service stations shall not exceed 30 footcandles, when measured at finished grade, unless a higher lighting intensity is approved through a conditional Uuse Ppermit. All luminaries mounted on the under surface of service station canopies shall be a full cutoff fixture. [Source: 18.70.150.B.5]
6.d. The maximum color temperature shall not exceed 3,000 Kelvin. [Source:
NEW]
7.6. Outdoor parking lot lighting for nonresidential usesWhen a nonresidential use is closed, all outdoor parking lot lighting shall be completely turned off or light levels dimmed to half , when the associated use is closed (post-curfew), of when the business is open (pre-curfew). If safety and security lighting is warranted, an occupancy sensing system, subject to approval by the Zoning Administrator, shall be installed to will bring the system outdoor lighting to sufficient brightness to meet the need, then reset to the
10.2.f
Packet Pg. 619
Chapter 18.70 Off-Street Parking and Loading
62 lower level after a predetermined time. This approach is subject to approval by the zoning administrator. [Source: 18.70.150.B.6]
18.70.130 Additional Design Standards for Parking Facilities The Zzoning Aadministrator, as recommended by the City Engineer, may require a parking lotparking facilities to have paving, drainage, wheel stops, lighting, space marking, directional signs, ramp grades, litter collection containers, fire equipment, and queuing space for drive-in facilities, or ticket-dispensing booths or machines. [Source: 18.55.160]
A. A. Sales, storage, etc. The pParking areas may not be used for auto sales, storage, repair work, dismantling, or outdoor open sales displays. [Source: 18.55.160.A] B. B. Drainage/Sstormwater Rrunoff. [Source: 18.55.160.B]
1. 1. Parking lots facilities shall comply with the Ccity’s current Nnational Ppollutant Ddischarge Eelimination Ssystem (NPDES) Ppermit requirements for the treatment of stormwater runoff. in accordance with (See PHMC Chapter 15.05 (Stormwater Management and Discharge Control).) [Source: 18.55.160.B.1]
2. 2. Surface water shall be discharged to natural or engineered off-site drainage facilities and may not drain off or across public or private sidewalks, pedestrian walkways, or areas not designed as drainage facilities. All industrial uses shall be required to install oil/water separators and/or grease traps on storm drain inlets. [Source: 18.55.160.2] C. C. Surfacing. A driveway or parking area, serving either a residential or nonresidential development, serving any residential development shall be surfaced with concrete or two inches of asphalt concrete over six inches of aggregate base or comparable concrete. Each driveway shall be graded and drained to dispose of all surface water, as described in Ssubsection B, of this section to an approved drainage facility. [Source: 18.55.160.C] D. Markings. [Source: 18.55.160.E]
1. Each parking space and parking facility shall be identified by surface markings and shall be maintained in a manner so as toso all parking spaces are be readily visible and accessible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking, and storage of vehicles. Marking required to be maintained in a highly visible condition includes striping, directional arrows, lettering and field color on signs in handicapped-designated areas. [Source: 18.55.160.E.1]
2. One-way and two-way accesses into required parking facilities shall be identified by directional arrows. Any two-way access located at any angle other than 90 degrees to a street shall be marked with a traffic separation stripe the length of the access; this requirement does not extend to aisles. [Source: 18.55.160.E.2]
3. Where the exit may not be clearly recognizable, directional signage must shall be provided. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-17.30, 1996; 1991 code § 35-
17.30) [Source: 18.55.160.E.3]
4. D. Optional Ddouble Lline Sstriping. If it is deemed necessary by the Zzoning Aadministrator, each parking space shall measure 8.5eight and one-half feet from
10.2.f
Packet Pg. 620
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
63 center to center, with double stripes two feet apart, as shown in Figure 18.70-__ (Double Line Striping). [Source: 18.55.160.D]
E. Figure 18.70-__
Double Line Striping
18.70.140 Location and Design of Off-Street Loading Spaces A. Required off-street loading spaces shall not be within a building, but shall be on the site of the use served or on an adjoining site. [Source: 18.55.170] B. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Pplanning Ccommission. [Source: 18.55.170] C. A required loading space shall be accessible without backing a truck across a street property line unless the it is determined infeasible by the Zzoning Aadministrator determines that provision of turnaround space is infeasible and and the alternative to back across a street property line is approves alternative accessapproved. [Source: 18.55.170] D. An occupied loading space shall not prevent access to a required off-street parking space. [Source: 18.55.170]
E. A loading area shall not be located in a required front or street side yardsetback. [Source:
18.55.170]
F. Except in a C or LI zoning district, a loading area visible from a street shall be screened on three sides by a fence, wall, or hedge at least six feet in height. (Ord. 710 § 35-17.32, 1996; 1991 code § 35-17.32) [Source: 18.55.170]
10.2.f
Packet Pg. 621
Chapter 18.75 Performance Standards
64 Chapter 18.75
Performance Standards
10.2.f
Packet Pg. 622
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.75 Revised Preliminary Draft – October 2024
65 Chapter 18.75 Performance Standards
Sections
18.75.010 Purpose and Applicability
18.75.020 Noise
18.75.030 Vibration
18.75.040 Odors
18.75.050 Hazardous Materials
18.75.060 Heat and Humidity
18.75.070 Electromagnetic Interference
18.75.010 Purpose and Applicability
A. Purpose. All land uses, activities, and processes shall be operated and maintained to not be injurious to public health, safety, or welfare, and to comply with the standards in this Chapter. [Source: NEW]
B. Applicability. In addition to the City noise regulations established in Chapter 9.15 (Noise), the following performance standards shall apply to all activities and land uses in all zoning districts.
The standards of this Chapter are assessed at the time of a new project development. [Source:
18.50.060, modified]
18.75.020 Noise
The following performance standards shall apply to all use classifications in all zoning districts:
[Source: 18.50.060]
A. Noise Measurement Criteria. Exterior noise levels shall be measured in decibels (dB) at the property line of the noise source. Noise shall be measured with a sound level meter which meets the standards of the American National Standards Institute (ANSI) Section S1.4-1979, Type 1 or Type 2. The unit of measure shall be designated as dB. A calibration check shall be made of the instrument at the time any noise measurement is made. All uses and activities shall comply with the Pleasant Hill noise regulations (PHMC Chapter 9.15), and no use shall create ambient noise levels measured at the property line which exceed the standards in Schedule 18.50.060. Where noise is measured at the property line of abutting zoning districts, the noise standard for the more restrictive district shall appliesapply. [Source: 18.50.060.A] B. Maximum Noise Levels. No use, activity, or process shall exceed the ambient noise levels established in Table 18.75-__. [Source: 18.50.060.A]
10.2.f
Packet Pg. 623
Chapter 18.75 Performance Standards
66 Table 18.75-__: Maximum Noise Standards by Zoning District Table 18.75-__: Maximum Noise Standards by Zoning District A.C. Duration and Ttiming. The maximum noise standards above established in Table 18.75-__ shall may be modified as follows to account for the effects of time and duration on the impact of noise levels: [Source: 18.50.060.A.1]
1. In residential zones, the maximum noise standard level shall be five dB lower between 10:00 p.m. and 7:00 a.m. [Source: 18.50.060.A.1.a]
2. Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the standards maximum noise level above by five dB. [Source:
18.50.060.A.1.b]
3. Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the standards maximum noise level above by 10 dB. [Source:
18.50.060.A.1.c]
B.D. Zoning administrator may require Aacoustic Sstudy. The Zzoning Aadministrator may require an acoustic study for any proposed project which could have or create a noise exposure greater than that deemed acceptable for public health and safety. For any study required, noise shall be measured with a sound level meter which meets the standards of the American National Standards Institute (ANSI Section S1.4-1979, Type 1 or Type 2). Noise levels shall be measured in decibels from the property line. The unit of measure shall be designated as dB. A calibration check shall be made of the instrument at the time any noise measurement is made. [Source: 18.50.060.A.2]
C.E. Noise Aattenuation Mmeasures. The Zzoning Aadministrator may require a project to include the incorporation into a project of any noise attenuation measures if deemed necessary to ensure that the noise standards established in this Section are not exceeded. [Source:
18.50.060.A.3]
18.75.030 Vibration
No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site. [Source: 18.50.060.B]
18.75.040 Odors
No use, activity, or process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the property lines of a site. [Source: 18.50.060.C] Zone of Property Receiving
NoiseZoning District
Maximum Noise Level Ldn or CNEL,
dB
Residential and Neighborhood Business Districts (R,
NB)
50 Commercial and Retail Business Districts (RB, C) 60
Office District (PAO) 65
Industrial District (LI) 70
Planned Development/Precise Plan District (PUD,
PPD)
Study Required
10.2.f
Packet Pg. 624
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.75 Revised Preliminary Draft – October 2024
67 18.75.050 Hazardous Materials
Hazardous and extremely hazardous materials. The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and any other applicable laws. [Source: 18.50.060.D]
18.75.060 Heat and Humidity
No Heat and humidity. Usesuse, activitiesactivity, and or processes process shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the site on which they are situated, that cause significant distress, discomfort, or injury to a reasonable person. [Source: 18.50.060.E]
18.75.070 Electromagnetic Interference
Electromagnetic interference. UsesNo use, activity, or process, activities, and processes shall not cause electromagnetic interference with normal radio or television reception in residential zoningR districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated. (Ord. 710 § 35-16.14, 1996; 1991 code § 35-16.14) [Source: 18.50.060.F]
10.2.f
Packet Pg. 625
Chapter 18.80 Signs
68 Chapter 18.80
Signs
10.2.f
Packet Pg. 626
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
69 Chapter 18.80 Signs
Sections
18.80.010 Purpose and Applicability
18.80.020 General Standards
18.80.030 Permit Required
18.80.040 Exempt Signs
18.80.050 Prohibited Signs
18.80.060 Maximum Wall Sign Area
18.80.070 Specific Sign Standards
18.80.080 Sign Design Guidelines
18.80.090 Temporary Sign Standards
18.80.100 Master Sign Program
18.80.110 Minor Sign Adjustment
18.80.120 Major Sign Adjustment
18.80.130 Maintenance, Abandonment, and Obsolete Signs
18.80.140 Enforcement
18.80.010 Purpose and Applicability
A. Purpose. This Chapter establishes sign regulations toIn addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of sign regulations are to: [Source: 18.60.010] A.1. Provide each sign user an opportunity for effective identification by limiting the number and area of signs permitted allowed on all sites. [Source: 18.60.010.A] B.2. Maintain and enhance the quality of the Ccity’s appearance by limiting off-premises signs to avoid clutter. [Source: 18.60.010.B]
C.3. Enable users of goods and services to readily identify establishments offering services to meet their needs. [Source: 18.60.010.C]
D.4. Regulate the number and size of signs according to standards consistent with the types of establishments in each zoning district. [Source: 18.60.010.D] E.5. Protect residential and recreational zoning districts adjoining nonresidential districts from adverse impacts from excessive signs of adjoining nonresidential zoning districts. [Source: 18.60.010.E]
F.6. Provide fair and equitable regulations throughout the communityCcity. [Source:
18.60.010.F]
10.2.f
Packet Pg. 627
Chapter 18.80 Signs
70 G.7. Provide substantial compliance with Ccity-wide Ssign Ddesign Gguidelines. [Source:
18.60.010.G]
H.8. Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads, and highways. [Source: 18.60.010.H] I.9. Regulate signs in a manner so they do not physically interfere with or obstruct the vision of pedestrian or vehicular traffic. [Source: 18.60.010.I] J.10. Avoid unnecessary and time-consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the Ccity’s Bbuilding and Eelectrical Ccodes, while limiting the size and number of such signs so as to minimize visual clutter. [Source: 18.60.010.J]
K.11. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational, and other noncommunicative aspects of signs. [Source: 18.60.010.K]
12. Regulate signs in a constitutional manner, which is content-neutral as to noncommercial signs. (Ord. 870 § 2, 2012; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.1, 1996; 1991 code § 35-18.1) [Source: 18.60.010.L] L.B. Applicability. The standards of this Chapter apply to signs in all zoning districts. Only the signs authorized by this Chapter shall be allowed. [Sources: NEW]
18.80.020 General Standards
A. Owner’s Cconsent required. The consent of the property owner or person in control or possession of the real property is required before any sign may be placed on any private property in the Ccity. [Source: 18.60.015.A]
B. Noncommercial Ssigns. A nNoncommercial signs is allowed wherever commercial signage is permittedare subject to the same sign standards established in this Chapter as commercial signs, and is subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this Cchapter, all noncommercial speech messages are deemed to be “on site,” regardless of location. [Source: 18.60.015.B] C. Substitution of Nnoncommercial Mmessage. A noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this Cchapter. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved, or exempt from the approval requirements, and no structural or electrical change is made. When a noncommercial message is substitutedSubstituted messages , the sign is are still subject to the same design, locational, and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.), as well asand all Bbuilding and Eelectrical Ccode requirements, as would apply if the sign were used to display a commercial message. (Ord. 870 § 3, 2012) [Source: 18.60.015.C]
10.2.f
Packet Pg. 628
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
71 18.80.030 Permit Required
A. General requirement. No temporary or permanent sign shall be erected or displayed without a Ssign Ppermit or Ttemporary Ssign Ppermit, unless the sign is exempt under PHMC §
18.60.020Section 18.80.040 (Exempt Signs). (See PHMC Chapter 18.105.) Chapter 18.130 (Sign Permit) and Chapter 18.135 (Temporary Sign Permit) for permit processes and procedures. [Source: 18.60.030.A]
B. Removal, Modification, or Relocation. The Zzoning Aadministrator may require the removal, modification, or relocation of an existing sign as a condition of Ssign Ppermit or Ttemporary Ssign Ppermit approval if one of the following is found to be true: [Source: 18.60.030.A]
1. (1) Tthe proposed sign would be located on a site with an existing sign violation; or [Source: 18.60.030.A]
2. (2) tThe approval of the Ssign Ppermit or Ttemporary Ssign Ppermit would result in a violation of the sign regulations established in this Chapter. [Source: 18.60.030.A] B. Sign permit for permanent sign. A sign permit is required for a permanent sign including the following types: wall sign, freestanding sign, shingle sign, off-premises sign, multiple-story office sign, theater or cinema sign, and variations from an approved master sign program for individual signs. The application and approval procedures are set forth in PHMC Chapter
18.105. [Source: 18.60.030.B]
C. Temporary sign permit. A temporary sign permit is required for a temporary commercial sign.
The regulations for temporary freestanding commercial and noncommercial signs are set forth in PHMC § 18.60.055 and regulations for other signs are set forth in PHMC § 18.60.057. The application and approval procedures are set forth in PHMC Chapter 18.105. (Ord. 964 § 16, 2023; Ord. 949 § 18, 2021; Ord. 870 § 5, 2012; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.3, 1996; 1991 code § 35-18.3) [Source: 18.60.030.C]
18.80.040 Exempt Signs
The following signs are exempt from the regulations of this Cchapter unless approved as part of a Mmaster Ssign plan Program under PHMC § 18.60.080Section 18.80.110 (Master Sign Program). [Source: 18.60.020]
A. Addresses and AddressName Plates. The following signs are intended to assist in identifying and locating a site.
1. Residential. Occupant name, street Street address numbersnumbers, and street name signs as required by the Bbuilding Ccode or local fire protection district. [Source:
18.60.020.A]
2. Nonresidential. Signs for commercial, office, and industrial uses Nameplate.
Nameplate not over two square feet in area that, displaying display business information limited to the name and profession of the occupant of the building and/or the addressbusiness identification, addresses, hours of operation, phone numbers, accepted forms of payment, and trade associations. [Source: 18.60.020.J and
18.60.020.U]
1. 10.2.f
Packet Pg. 629
Chapter 18.80 Signs
72 2.3. Occupant identification sign. Nonilluminated wall sign not over two square feet in area, displaying the name of the occupant or resident, or the address at the entrance of each business occupant space. [Source: 18.60.020.K]
B.
C.B. Building Ssigns. Names Signs with the name of a building, date of erection, commemorative tablet, and the likeor similar content, when made of or carved into a permanent-type of material (e.g., stone, concrete, or similar material or made of bronze, aluminum or other permanenttype material ) and made is an integral part of the structure. Such a sign may not exceed four square feet in area and may not be illuminated. [Source: 18.60.020.B] D.C. Construction Ssigns. Construction signs with a maximum total size not exceedingof 24 square feet per individual frontage for commercial, office, and industrial zoning districts and 12 square feet per frontage for R residential zoning districts. No freestanding construction sign shall exceed five feet in height. Construction signs shall be removed within 30 working days following issuancethe issuance of a Ccertificate of Ooccupancy. [Source: 18.60.020.C] D. Directional or Iinformational Ssigns. On-premises-site parking or other directional signs shall that meet all of the following standards: [Source: 18.60.020.D]
1. Do , not exceeding exceed one double-faced sign; [Source: 18.60.020.D]and not
2. Do not exceeding exceed four square feet in area; [Source: 18.60.020.D]and
3. Do not exceed up to a height of 80 inches in height measured from the ground to the bottom of the sign face area and no taller than 104 inches from the ground to the tallest portion of the sign. [Source: 18.60.020.D]
E.4. Does not Such a sign may not include advertising material. [Source: 18.60.020.D] F.E. Door Ssigns. Exterior door signs in a nonresidential zoning district where the total area covered by signs (including exempt signs) is five square feet or less for each door. [Source:
18.60.020.E]
G.F. Flags. Official flags of the nation, United States, state the State of California, other states of the Nation, or Ccity government flags mounted or flown no higher than the maximum building height of that the underlying zoning district. [Source: 18.60.020.F] H.G. Holiday Ddecorations. Holiday decorations, not advertising a product or sale, that are on display for a period maximum of 60 consecutive days, no more than two times per calendar year. A holiday decoration that includes advertising is a regulated sign under this Cchapter. [Source: 18.60.020.G]
I.H. Interior Ssigns. Signs within a building three five feet or more from a window. [Source:
18.60.020.H]
J.I. Lottery Ssigns. Signs for the California State Lottery, approved by the Lottery Commission for display by lottery game retailers. [Source: 18.60.020.I] K. Nameplate. Nameplate not over two square feet in area, displaying the name and profession of the occupant of the building and/or the address. [Source: 18.60.020.J]
10.2.f
Packet Pg. 630
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
73 L. Occupant identification sign. Nonilluminated wall sign not over two square feet in area, displaying the name of the occupant or resident, or the address at the entrance of each business occupant space. [Source: 18.60.020.K]
M.J. Personal Pproperty Ssales Ssigns. Signs not exceeding six square feet and erected on private property for no more than three consecutive days six times per calendar year. [Source:
18.60.020.L]
N. (Not used.) [Source: 18.60.020.M]
O.K. Product Ssign. Signs manufactured as a standard, integral part of a mass-produced product accessory to a commercial or public or semipublic use, including a telephone booth, vending machine, automated teller machine, gasoline pump, newspaper rack, and bus shelter sign. [Source: 18.60.020.N]
P.L. Public Aagency Ssign. A signSigns placed by a public agency on its own propertyproperty owned by that agency by a public agency. [Source: 18.60.020.O] Q.M. Public Iinterest Ssign. A signSigns erected by a public agency, including a public information, identification, or directional signs, the Ccity’s information A-frame signs, and a banner signs erected on public property under the Ccity banner policy. [Source: 18.60.020.P] R.N. Public Nnotice. Notices posted by a utility or other public or quasi-public agent in the performance of a public duty or by any person giving due legal notice. [Source: 18.60.020.Q] S.O. Real Eestate Ssign. Temporary signs on private property in any zoning district being offered for sale, rental, or lease subject to the following requirements. [Source: 18.60.020.R]
1. Residential Uses. In residential zoning districts or residential areas of PUD, HPUD, and PPD zoning districts, oOne temporary on-site real estate sign is allowed that does not exceeding six square feet. [Source: 18.60.020.R]
2. Nonresidential Uses. In nonresidential zoning districts, one temporary on-site real estate sign is allowed in R, HPUD, and residential areas of PUD and PPD districts or that does not exceed 32 square feet in other districts that advertises the sale, lease or rental of a structure or land. [Source: 18.60.020.R]
3. Any freestanding sign shall not exceed six feet in height. The sign shall be removed within seven working days following the sale (close of escrow), lease, or rental of the property. [Source: 18.60.020.R]
1. During the construction of and initial opening of a multi-family residential development or single-family residential subdivisions with three or more homes, [Source:
2.4. uUp to 24 square feet of sign area for temporary on-site real estate signage signs shall be permitted is allowedduring the construction and for the grand/initial opening of multifamily residential developments and single-family residential subdivisions containing three or more homes for sale. [Source: 18.60.020.R.2]
5. Up to four off-site open house signs are allowed to be placed as necessary at street intersections leading to the open house, plus one on-site real estate company open house sign, provided the following requirements are met., [Source: 18.60.020.R.3]
10.2.f
Packet Pg. 631
Chapter 18.80 Signs
74 a. Eeach sign shall not exceeding exceed four square feet in area and three feet in height, to be placed as necessary at street intersections leading to the open house, plus one on-site real estate company open house sign, b. Sign shall only are allowed only be displayed on the weekends or for the Contra Costa Association of Realtors-sponsored broker’s open house. [Source: 18.60.020.R.3]
c. Only one sign is allowed per intersection regardless of the number of open houses in the direction indicated by the sign. [Source: 18.60.020.R.3]
3.d. No temporary off-site directional real estate sign shall be located on a wall or fence in the public right-of-way, on a utility pole, or on a public street, median strip, traffic island, public landscaped area, sidewalk or private property without permission of the owner. [Source: 18.60.020.R.3]
T.P. Recycling Ffacility Ssign. Signs on a machine in a recycling facility not over four square feet in area, identifying the type of material to be deposited, operating instructions, and the name and phone number of the operator. [Source: 18.60.020.S]
U.Q. Service Sstation Ssign. Gasoline service station fuel pump identification and/or price signs located on the pump top or pump face and not exceeding two square feet in area. [Source:
18.60.020.T]
V. Small sign. On-premises signs, covering a total area of not more than two square feet, which do not include advertising material. Examples include signs for hours of operation, phone number, credit cards accepted, and trade associations. [Source: 18.60.020.U] W.R. State Iinspection Ssign. One official S state inspection sign constructed of a permanent material for each type of inspection service offered on site, located flat against the wall of a strcutrebuilding and not exceeding four square feet in area. [Source: 18.60.020.V] X.S. Temporary Noncommercial Ssigns, noncommercial. Signs that comply with PHMC §
18.60.055Section 18.80.090 (Temporary Freestanding Sign Standards). [Source:
18.60.020.W]
Y.T. Vehicle or Ttrailer Ssign. An identification signs painted on or affixed to a vehicle or trailer if only when all of the following apply: [Source: 18.60.020.X]
1. The vehicle or trailer is legally parked within a single, delineated parking space; and [Source: 18.60.020.X.1]
2. The sign is incidental to the primary use of the vehicle or trailer. The following criteria may be used in determining whether the sign is indeed incidental to the primary use of the vehicle or trailer, in which case it may be exempt, or where the primary purpose of the sign is to advertise a product or business or direct people to a business or activity located on the same or other property, in which case it is prohibited: [Source:
18.60.020.X.2]
a. Whether the The sign is painted upon or applied in a permanent manner directly to an integral part of the vehicle or trailer or merely temporarily attached to the vehicle; [Source: 18.60.020.X.2.a]
10.2.f
Packet Pg. 632
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
75 b. Whether theThe vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable; [Source:
18.60.020.X.2.b]
c. While the business is open, the vehicle is not moved and the vehicle is so parked or placed that the signs thereon are displayed to the public; [Source:
18.60.020.X.2.c]
d. Whether theThe vehicle or trailer is regularly parked in a location and in a manner so as to be in a way so that it can be observed by passersby; [Source:
18.60.020.X.2.d]
e. Whether the The vehicle or trailer is actively used as a vehicle in the daily function of the business to which such signs relate; [Source: 18.60.020.X.2.e] f. Whether the The vehicle or trailer is associated with, and necessary to, performing a service at the property in which the vehicle or trailer is located; and [Source: 18.60.020.X.2.f]
g. Whether the The sign includes directional copy language that would only be applicable if parked in the vicinity of the use. [Source: 18.60.020.X.2.g] It is not necessary that any one or all of the listed criteria be present in order to determine that a vehicle sign falls into the exempt or prohibited category; the criteria are intended to guide Ccity staff toward making consistent determinations on the matter. [Source: 18.60.020.X]
Z.U. Window Ssigns. Window signs in a nonresidential zoning district are allowed if the total window area covered by signs (including exempt signs) is 30 percent% or less of the window area. As used hereFor the purposes of this Section, the “window area” means the window area of a single business, on each building elevation. Glass doors are excluded from the calculation of window area. (See subsection E of this section and PHMC § 18.60.050.H.) (Ord. 964 §§ 14, 15, 2023; Ord. 949 § 17, 2021; Ord. 879 § 2, 2014; Ord. 870 § 4, 2012; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.2, 1996; 1991 code § 35-18.2) [Source:
18.60.020.Y]
18.80.050 Prohibited Signs
Unless otherwise exempt, the following types of signs and locations of signs are prohibited: [Source:
18.60.060]
A. A signSigns located in a required building yard setback adjoining a street property line in violation of Section PHMC § 18.55.130, Driveways – Visibility18.45.070 (Sight Obstructions at Intersections and Driveways). [Source: 18.60.060.A]
B. A signSigns with lighting, colors, design, or text that could be confused with a public traffic directional sign or control device. [Source: 18.60.060.B] C. A signSigns which includes obscene matter in violation of California Penal Code section 311 et seq. [Source: 18.60.060.C]
10.2.f
Packet Pg. 633
Chapter 18.80 Signs
76 D. An exterior signExterior signs made of materials which are impermanent and will not stand exposure to weather, unless it is a temporary sign. [Source: 18.60.060.D] E. A rRoof oof signs. [Source: 18.60.060.E]
F. Outdoor advertising structure signs and/or signs located within a public right-of-way except for the following:
1. Signs (1) when associated with a Ccity-approved bus shelter or bench; or (2) F.2. Signs if located within the Downtown Specific Plan area and approved by the City city Eengineer. [Source: 18.60.060.F]
G. A sign Signs placed on, painted, or affixed to a vehicle or trailer which is parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way, if the apparent purpose is to advertise a product or business, or direct people to a business or activity located on the same or other property. (See PHMC § 18.60.020.X.) [Source:
18.60.060.G]
H. Electronic readerboard signs larger than two square feet used as a window sign or if located on the exterior of a structure. Electronic service station fuel price signs are not considered to be “readerboard” signs. [Source: 18.60.060.H]
I. Balloon or similar inflated sign, except with a Ttemporary Ssign Ppermit under PHMC §
18.60.057.C.1Section 18.80.100 (Standards for Other Types of Temporary Commercial Signs). [Source: 18.60.060.I]
J. A signSigns advertising tobacco products except as allowed in which is prohibited under PHMC § Section 9.45.230 (Restrictions on the advertising of tobacco products-Exceptions). [Source:
18.60.060.J]
K. Commercial signs that are animated and/or moving, including mechanically or human powered or held signs within the public right-of-way, and any mechanically powered animated and/or moving commercial sign on private property, except as permitted allowed in PHMC §
18.60.050.BSection 18.80.070 (Specific Sign Standards), given that the movement associated with such signs is particularly distracting to motorists and thus, poses traffic safety hazards. (Ord. 879 § 6, 2014; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.8, 1996; 1991 code § 35-18.8) [Source: 18.60.060.K]
18.80.060 Maximum Wall Sign Area
A. Applicability. These Mmaximum sign area regulations established in this Section apply to wall signs and multiple-story office signs. They do not apply to freestanding signs, window signs, off-premises signs, shingle signs, temporary signs, or exempt signs. [Source: 18.60.040.A] B. Maximum Ssign Aarea. The maximum area for aAll wall signs and multiple-story office signs shall comply with the maximum sign areas specified in Table 18.80- Maximum Sign Areasis based on the zoning district in which the sign is located, as follows: [Source: 18.60.040.B]
10.2.f
Packet Pg. 634
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
77 B.C. Calculating Mmaximum Wall Ssign Aarea. In determining compliance with maximum sign area, the following general regulations apply: [Source: 18.60.040.C]
1. Only one side of a building is shall be used in calculating the building frontage. The Zzoning Aadministrator may designate another side of a building as the building frontage if it is determined that: [Source: 18.60.040.C.1] a. (a) Tthe primary access to the tenant spaces is from a side facing an interior side lot line; and [Source: 18.60.040.C.1]
1.b. (b) Tthe interior lot line is longer than the front lot line. [Source: 18.60.040.C.1]
2. Only the street frontage that is developed or approved for development is counted for purposes of determining the maximum allowable sign area. Vacant land reserved for future development is not counted. [Source: 18.60.040.C.2]
3. No sign or sign area permitted allowed on one tenant’s building frontage shall be transferred to another tenant’s building frontage within a shopping center or other multitenant structure or development except in accordance with a Mmaster Ssign Programplan prepared under PHMC § 18.60.080Section 18.80.110 (Master Sign Program). [Source: 18.60.040.C.3]
4. SignThe sign area shall be computed by measuring measured using the simplest geometric shape that will encompass the extreme limits of the sign. Negative space that is bounded by sign elements must shall be counted as in the total sign area.
5. The background area of For panel signs (see definition), the background area of the panel (area surrounding the lettering) shall not be included in the calculation of total sign area,; provided, provided that the background of the panel complies with the following standards: [Source: 18.60.040.C.4]
a. Ddoes not contain text;, [Source: 18.60.040.C.4]
b. Iis designed to be architecturally compatible with complement the sign design andmatch the building facadefaçade;, [Source: 18.60.040.C.4] Table 18.80-__: Maximum Wall Sign Areas
Zoning District Maximum Sign Area
WResidential zones and REC 8 square feet per street frontage.
If a Ssign Ppermit is approved, up to 32 square feet per street frontage is allowed as reasonable and necessary for identification of any of the following uses: Convalescent facility; cemetery; club and lodges; congregate care – general; cultural institution; day care – general; hospital; religious assembly; private school; or subdivision community identification.
NB, RB, PAO, C and LI 1 square foot for each linear foot of building frontage.
Mixed use zones Residential components within a mixed-use zone are subject to the same maximum wall sign area provisions as residential zones.
Commercial components within a mixed-use zone are subject to the same maximum wall sign area provisions as NB, RB, PAO, and C zones.
REC If a Sign Permit is approved, up to 32 square feet per street frontage is allowed as reasonable and necessary for identification
10.2.f
Packet Pg. 635
Chapter 18.80 Signs
78 c. Iis proportionate to the size of the sign lettering;, and [Source: 18.60.040.C.4] d. Iis compatible with the colors, materials, and design of the sign. (Ord. 964 § 17, 2023; Ord. 949 § 19, 2021; Ord. 879 § 3, 2014; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.4, 1996; 1991 code § 35-18.4) [Source: 18.60.040.C.4]
18.80.070 Specific Sign Standards
A. Freestanding Ssigns. These The following regulations standards apply to a freestanding signs. [Source: 18.60.050.A]
1. Maximum size of freestanding signsFreestanding signs shall not exceed the maximum sign areas established in Table 18.80-__ (Maximum Freestanding Sign Areas by Zoning District). [Source: 18.60.050.A.1]
2. Calculating Maximum Freestanding Sign Area. The surface area of a freestanding sign shall be calculated by enclosing the extreme limits of all framing, writing, logo, representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 18.80-_ Sign Area Measurement).
Table 18.80-__: Maximum Freestanding Sign Areas by Zoning District Zoning District Maximum Size
Residential zones, OS, and REC 0.5 square foot for each lineal foot of street frontage up to a maximum of 16 square feet on one face or 32 square feet on two faces. A freestanding sign is only allowed for the uses listed in PHMC §Subsection 18.6080.040060.B.
NB, RB and C 0.5 square foot for each lineal foot of street frontage up to a maximum of 32 square feet on one1 face or 64 square feet on two2 faces.
If the street frontage exceeds 250 feet, one1 additional freestanding sign is permittedallowed, not to exceed 32 square feet on one1 face or 64 square feet on two2 faces.
PAO and LI 0.5 square foot for each lineal foot of street frontage up to a maximum of 16 square feet on one1 face or 32 square feet on 2 faces.
Mixed-use zones Residential components of a mixed-use zone are subject to the same maximum freestanding sign area provisions as residential zones.
Commercial components of a mixed-use zone are subject to the same maximum freestanding sign area provisions as NB, RB, and C zones
10.2.f
Packet Pg. 636
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
79 Figure 18.80-_
Sign Area Measurement
10.2.f
Packet Pg. 637
Chapter 18.80 Signs
80 B. Other Rregulations. A freestanding sign may not: [Source: 18.60.050.A.2] a. Be closer than 30 feet to another freestanding sign or to a projecting sign; [Source: 18.60.050.A.2.a]
b. Be closer to an interior property line than one-half its height; [Source:
18.60.050.A.2.b]
c. Extend over a public right-of-way nor be located on the same frontage as a projecting sign extending over a public right-of-way; [Source: 18.60.050.A.2.c] d. Be placed outside of a landscaped area; [Source: 18.60.050.A.2.d] e. Exceed eight feet in height in a nonresidential zoning district or exceed six feet in height in a residential zoning district; [Source: 18.60.050.A.2.e] f. Be considered a double-faced sign unless the two faces are an integral part of a single sign and the sign faces are designed to be identical in size and located back to back on opposite parallel planes. [Source: 18.60.050.A.2.f] C. Illumination and– Movement. The following regulations apply to a sign signs that which is are illuminated or which moves. [Source: 18.60.050.B]
1. No sign may have exposed fluorescent tubes or incandescent bulbs unless determined by the decision-makingSign Permit review authority to be an enhancement to the design of the sign and complementary to the architecture of a the building facade. [Source: 18.60.050.B.1]
2. If a Signs sign is indirectly illuminated, shall the lighting shall be use white or amber colored lights. [Source: 18.60.050.B.2]
3. A sign Signs directly visible from an Ra residential or RECzoning district shall not be illuminated between 10:00 p.m. and 6:00 a.m., except during the hours the business is open. [Source: 18.60.050.B.3]
4. No movement or apparent movement of, or in, a sign or change in intensity of sign illumination is permittedallowed, except as permitted in this sectionfor the following if consistent with the other provisions of this Chapter:. [Source: 18.60.050.B.4] a. Time or temperature signs are permitted, if otherwise consistent with the other provisions of this chapter. [Source: 18.60.050.B.4.a]
b. Theater canopy signs are permitted, if otherwise consistent with the other provisions of this chapter. [Source: 18.60.050.B.4.b]
c. Electronic readerboard signs located inside a building and within three feet of a window are permitted if the total aggregate area of all electronic readerboard signs at any business location does not exceed two square feet. [Source:
18.60.050.B.4.c]
10.2.f
Packet Pg. 638
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
81 5. No sign may have exposed fluorescent tubes or incandescent bulbs unless determined by the decision-making authority to be an enhancement to the design of the sign and complementary to the architecture of a building facade. [Source: 18.60.050.B.5]
6. If a sign is indirectly illuminated, the lighting shall be white or amber colored. [Source:
18.60.050.B.6]
7. A sign directly visible from a residential zoning district shall not be illuminated between 10:00 p.m. and 6:00 a.m., except during the hours the business is open. [Source:
18.60.050.B.7]
D. Multiple-Sstory Ooffice Ssigns. An office building at least three stories in height may have a multiple-story office sign to identify the building if: [Source: 18.60.050.C]
1. The sign is located below the top of the parapet at a height and scale architecturally in harmony with the building; [Source: 18.60.050.B.C.1]
2. There is only one identification sign per building; [Source: 18.60.050.C.2]
3. Only individual letters or a logo are used and there are no cabinet or can signs. If lighted, the letters mustshall be internally illuminated; [Source: 18.60.050.C.3]
4. The sign is not indirectly illuminated; [Source: 18.60.050..C.4]
5. The sign complies with the maximum sign area set forth established in PHMC § Section
18.60.04018.80.060 (Maximum Sign Area). [Source: 18.60.050..C.5] E. Off-Ppremisees Ssigns. An outdoor advertising sign advertising a business, product, or service not sold on the premises is not permittedallowed, unless the sign: [Source: 18.60.050.D]
1. The sign iIs needed to provide visibility of the business(es) from the nearest arterial or commercial collector street; and [Source: 18.60.050.D.1]
2. The sign is Is not located in a residential zoning district. [Source: 18.60.050.D.2] F. Projecting Ssigns. A projecting sign (also referred to as a “shingle” or “blade” signs). A projecting sign shall: [Source: 18.60.050.E]
1. Be set back at least five feet from an interior side property line, if applicable; [Source:
18.60.050.E.1]
2. Not exceed four square feet in area; [Source: 18.60.050.E.2]
3. Be at least seven and one-half feet, but Not not be more than 20 feet, or less than seven feet six inches above the surface over which it projects, or not less than 14 feet above a vehicular passageway; and [Source: 18.60.050.E.3]
4. Not project above an apparent eave or parapet, including the eave of a simulated mansard roof. [Source: 18.60.050.E.4]
G. Theater or Ccinema Ssign. A Ssign Ppermit may be issued for a theater or cinema sign deviating from the standards of this Ssection, including a marquee with changeable letters, brighter lights, or other features. [Source: 18.60.050.F]
10.2.f
Packet Pg. 639
Chapter 18.80 Signs
82 H. Wall Ssigns. A wall sign, or the painting or decorating of a building with the purpose of advertising a message, mustshall comply with the maximum sign area requirements of PHMC § 18.60.040 established in Section 18.80.060 (Maximum Sign Area) and shall not: [Source:
18.60.050.G]
1. Project above an eave or parapet, including the eave of a simulated mansard roof; [Source: 18.60.050.G.1]
2. Project more than six inches from the face of the building; or [Source: 18.60.050.G.2]
3. Include illumination between the hours of 10:00 p.m. and 6:00 a.m., except during the hours a business is open, when facing a residential zoning district as set forth in PHMC § 18.60.050.B.3. [Source: 18.60.050.G.3]
The painting or decorating of a building in a manner designed to convey an advertising message to viewers is a wall sign subject to this chapter. [Source: 18.60.050.G] I. Window Ssigns. Window signs are exempt from Sign Ppermit review, provided the following standards are met: [Source: 18.60.050.H]
1. The wWindow signs does not may cover up to more than 30 percent% of the total window area for each building frontage (glass doors are not included in the calculation of total window area); and [Source: 18.60.050.H.1]
2. The proposed signswindow sign are is not located in a residential zoning district, nor directly facing a residential zoning district. (Ord. 964 §§ 18, 19, 2023; Ord. 949 § 20, 2021; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.6, 1996; 1991 code § 35-18.6) [Source: 18.60.050.H.2]
18.80.080 Sign Design Guidelines
In reviewing sign applications, the Aarchitectural Rreview Ccommission shall ensure that all signs are in substantial compliance with the sign guidelines established in the Citcity-widee sign Ddesign Gguidelines (City Council Resolution No. 68-17). (Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.14, 1996; 1991 code § 35-18.14. Formerly 18.60.090) [Source: 18.60.110]
18.80.090 Temporary Sign Standards
18.80.090A. Temporary Freestanding Sign Standards.
A.1. General. Temporary freestanding signs are permitted allowed as follows: [Source:
18.60.055.A]
1.a. Commercial and Iindustrial Zzoning Ddistricts (including neighborhood business, retail business, general commercial, professional and administrative office and limited industrial zoning districts). [Source: 18.60.055.A.1] a.i. Commercial Ssigns. The Zzoning Aadministrator may issue a Ttemporary Ssign Ppermit for a temporary commercial freestanding or a portable sign subject to the requirements of PHMC §
18.60.057.BSubsections B and C of Section 18.80.100 (Standards for Other Types of Temporary Commercial Signs). [Source:
18.60.055.A.1.a]
10.2.f
Packet Pg. 640
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
83 b.ii. Noncommercial Ssigns. A temporary freestanding noncommercial sign is permitted allowed if it complies with the standards in Subparagraphssubsections 2B through 3 of this SectionD of this section. No Ttemporary Ssign Ppermit is required.. [Source:
18.60.055.A.1.a]
2.b. Residential and REC Zzoning Ddistricts. [Source: 18.60.055.A.2] a.i. Commercial Ssigns. No temporary freestanding commercial sign is permitted allowed in a residential zoning district, except for an exempt real estate sign under PHMC § 18.60.020.RSection 18.80.040 (Exempt Signs). Real estate signs are not permitted in the REC zoning district. [Source: 18.60.055.A.2.a]
ii. Noncommercial Ssigns. A temporary freestanding noncommercial sign is permitted allowed in a residential zoning district or the REC district if it complies with Subparagraphs 2 through 3 of this Sectionsubsections B through D of this section. A temporary freestanding noncommercial sign may be displayed as a temporary freestanding sign or as a building wall or fence mounted banner. No Ttemporary Ssign Ppermit is required. [Source: 18.60.055.A.2.b] c. Mixed-Use Zoning Districts. [Source: NEW]
i. Residential. Residential components of a mixed-use zoning district are subject to the temporary freestanding sign standards for residential zoning districts established in Subparagraph A.1.b. [Source: NEW] b.ii. Commercial. Commercial components of a mixed-use zoning district are subject to the temporary freestanding sign standards for commercial zoning districts established in A.1.a. [Source: NEW] Size; aggregate area; distance; height; durationDimensions. Table 18.80-__ (Temporary Freestanding Sign Standards - Noncommercial) Following are the allowable establishes standards for sign sizesallowable size, the aggregate area permitted, the distance between signs spacing, and sign display duration, for temporary freestanding noncommercial signs: [Source: 18.60.055.B] B.d. Table 18.80-__: Temporary Freestanding Sign Standards - Noncommercial
10.2.f
Packet Pg. 641
Chapter 18.80 Signs
84 C.B. Location. [Source: 18.60.055.C]
1. No attachment to utility or light pole, tree or other vegetation. A temporary freestanding noncommercial sign shall not be attached to a utility or light pole, tree, or other vegetation, except that a temporary freestanding noncommercial sign may be displayed as a banner temporarily affixed to poles (other than utility poles or light poles) placed on private property solely for the purpose of displaying temporary signage or as a building wall mounted banner. [Source: 18.60.055.C.1]
2. No obstruction. A temporary freestanding noncommercial sign shall not be placed at a location which obstructs or poses the threat of obstructing vehicular or pedestrian Table 18.80-__: Temporary Freestanding Noncommercial Sign Standards - Noncommercial
Standard Commercial And
Industrial Zoning
Districts
Residential and REC Zoning Districts
Properties with up to 150
feet of lineal street
frontage3
Properties with over 150
feet of lineal street
frontage3
Maximum Aarea per
Ssign Fface (single or
double-sided)
16 square feet 6 square feet 25 square feet
Maximum Aaggregate
Aarea for Aall Ssigns
64 square feet1 25 square feet 25 square feet
Maximum Iindividual
Lletter Hheight
Not to exceed 50% of
sign face height or 12
inches whichever is
greater
Not to exceed 50% of
sign face height or 12
inches whichever is
greater
Not to exceed 50% of
sign face height or 12
inches whichever is
greater
Maximum Size of Any
Graphic, Emblem, Logo
or Photograph
Not to exceed 30% of
sign face area
Not to exceed 30% of
sign face area
Not to exceed 30% of
sign face area
Minimum Distance
Between Temporary
Freestanding
Noncommercial Signs
Multiple signs, regardless
of spacing, arranged to
appear as one sign to
convey a single message
or image, are prohibited.
Multiple signs, regardless
of spacing, arranged to
appear as one sign to
convey a single message
or image, are prohibited.
Multiple signs, regardless
of spacing, arranged to
appear as one sign to
convey a single message
or image, are prohibited.
Maximum Hheight See Section
18.60.050.A.28 feet
See Section
18.60.050.A.26 feet
See Section
18.60.050.A.26 feet
Sign Display Duration4 Up to 65 days, two times
per year, or up to 30
days, six times per year,
or any combination of the
above that does not
exceed a total of 195
days per year, all with at
least 30 days between
each display period2
Up to 65 days, two times
per year, or up to 30
days, six times per year,
or any combination of the
above that does not
exceed a total of 195
days per year, all with at
least 30 days between
each display period2
Up to 65 days, two times
per year, or up to 30
days, six times per year,
or any combination of the
above that does not
exceed a total of 195
days per year, all with at
least 30 days between
each display period2
NOTE: Mixed-use zones. Residential components of a mixed-use zoning district are subject to the standards for residential zoning districts, and commercial components of a mixed-use zoning district are subject to the standards for commercial zoning districts.
1 – The aggregate sign area applies whether the signs are located on an individual parcel lot or within a single commercial shopping center, business park, industrial park or other complex of related buildings. 2 – Sign text changes may occur within each occurrence. 3 – When a property (lot) has more than one street frontage, only one is used to calculate street frontage. 4 – A record of sign display dates shall be maintained by the person displaying the sign and available to the city for review upon request.
10.2.f
Packet Pg. 642
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
85 travel. The sign may shall not be located within areas regulated to preserve sight distance (see PHMC § 18.50.100)in compliance with the requirements of Section
18.45.080 (Traffic Safety Visibility Area). [Source: 18.60.055.C.2]
3. Public right-of-way. A temporary freestanding noncommercial sign is not allowed in or over the public right-of-way (including public streets, alleys, sidewalks and unpaved areas). Except, in residential and REC zone zoning districts, a temporary freestanding noncommercial sign may be placed within the privately maintained portion of the public right-of-way that extends beyond the edge of sidewalk (or, beyond the edge of curb if no sidewalk exists) in the front yardsetback,; provided, that it does not block or impede public or vehicular access, parking, sight distancetraffic safety visibility area, utility access, or disabled access, and does not otherwise create a hazard or public nuisance. [Source: 18.60.055.C.3]
C. Temporary Portable Freestanding Signs. A temporary portable freestanding sign (“A-frame,” “H-frame,” or similar sign): [Source: 18.60.057.B]
1. May be approved by the zoning administrator subject to compliance with design, siting and locational criteria established by the zoning administrator or as specified in an approved master sign program. [Source: 18.60.057.B.1]
2. May not be located within any public right-of-way (except in the Downtown Specific Plan area subject to approval by the city engineer). [Source: 18.60.057.B.2]
3. May not be located within areas regulated to preserve sight distance (see PHMC §
18.50.100). [Source: 18.60.057.B.3]
4. May be approved for display with a temporary sign permit for no more than 20 calendar days, up to six times each calendar year. [Source: 18.60.057.B.4] D.
E.D. Lighting. Temporary freestanding noncommercial signs shall not be lighted. (Ord. 879 § 4, 2014; Ord. 870 § 6, 2012) [Source: 18.60.055.D]
18.80.100 Standards for Other Types of Temporary Commercial Signs A temporary sign permit may be issued subject to these regulations: [Source: 18.60.057] A. Temporary Commercial Wwall Ssigns. A Temporary Sign Permit may be approved for a temporary commercial wall sign if all the following standards are met: [Source: 18.60.057.A]
1. Sign Area. The temporary wall sign area shall not exceed a maximum of 25 square feet. However, for a property with a buildingBuildings with a frontage in excess of more than 100 linear feet, the maximum temporary wall sign area allowed is may be increased at the discretion of the Zzoning Aadministrator, not to exceed the maximum sign area allowed under PHMC § 18.60.040Section 18.80.060 (Maximum Sign Area).; [Source: 18.60.057.A.1]
2. Sign Width. The temporary wall sign width shall not exceed two-thirds of the width of the storefront.; [Source: 18.60.057.A.2]
10.2.f
Packet Pg. 643
Chapter 18.80 Signs
86 3. Number of Signs. No more than two temporary wall signs shall be displayed at any one time, and they shall not face in the same direction.; [Source: 18.60.057.A.3]
4. Attachment. The temporary wall sign shall be securely attached to a building wall, fascia, or window of the structure.; [Source: 18.60.057.A.4]
5. Duration. The Ttemporary Ssign Ppermit shall not allow a temporary wall sign to be displayed may be valid for no more than 20 calendar days, six times each calendar year; and. [Source: 18.60.057.A.5]
6. Purpose. The temporary sign is necessary to: [Source: 18.60.057.A.6] a. Advertise a special event, promotion, sale, or other temporary activity; [Source: 18.60.057.A.6.a]
b. Maintain identity while a Ssign Ppermit application is pending and until a permanent sign is erected; [Source: 18.60.057.A.6.b]
c. Warn of a temporary, dangerous condition; or [Source: 18.60.057.A.6.c] d. Advertise a temporary use permitted allowed by a Ttemporary Uuse Ppermit. [Source: 18.60.057.A.6.d]
B. Temporary signs, otherOther Commercial Temporary Signs. A Temporary Sign Permit may be issued for a flashing sign, searchlight, flag, pennant, streamer, spinner, air blown, or similar device. For these types of signs, the Temporary Sign Permit may be issued for no more than seven days, six times per calendar year. [Source: 18.60.057.C]
1. A temporary sign permit may be issued for a flashing sign, searchlight, flag, pennant, streamer, spinner, air blown or similar device. For these types of signs, the temporary permit may be issued for no more than seven days, six times per year; and [Source: 18.60.057.C.1]
2. For window signs, see PHMC § 18.60.050.H. (Ord. 879 § 5, 2014; Ord. 870 § 7, 2012; Ord. 854 § 2, 2011. Formerly 18.60.055) [Source: 18.60.057.C.2]
18.80.110 Master Sign Program
A. General Requirement. After July 1, 1998, aA site having with more than four nonresidential tenants or proposing a renovation of more than 5,000 square feet mustshall have an approved Mmaster Ssign Pprogram in accordance with Chapter 18.140 (Master Sign Program). The master sign program must be approved by the architectural review commission before issuance of any occupancy permit and before any permanent sign is placed or modified. [Source: 18.60.080.A]
The owner of an existing development or a site may submit a Mmaster Ssign Pprogram to be reviewed and approved by the Aarchitectural Rreview Ccommission. [Source: 18.60.080.A] B. Variations. A Mmaster Ssign Pprogram may include certain variations from the standards of this Chapter section subject to the following: [Source: 18.60.080.B]
1. The Mmaster Ssign Pprogram mustshall conform to the maximum sign area requirements of PHMC § 18.60.040Section 18.80.060 (Maximum Sign Area).
However, tThe Aarchitectural Rreview Ccommission may allow an increase in maximum wall sign area for individual tenants,; provided, that the overall allowable wall
10.2.f
Packet Pg. 644
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
87 sign area for the project site is not exceeded. In addition, for a multiple building site, sign area may be transferred from one building frontage to another if the transfer does not exceed 50 percent% of the area allowed for a particular frontage or tenant; [Source:
18.60.080.B.1]
2. The Mmaster Ssign Pprogram may allow more than one freestanding sign per parcellot; [Source: 18.60.080.B.2]
3. The Mmaster Ssign Pprogram may allow for decorative, “nongeneric,” temporary freestanding signs (such as “A” or “H” frames, menu boards, and small temporary promotional signs) on the premisepremises. I(In the Downtown Specific Plan area, such signs may be allowed in the public right-of-way subject to review and approval by the Ccity Eengineer). Such temporary freestanding signs shall comply with the following standards:
a. Bbe limited to locations that would not impair or obstruct public access, disabled access, parking, loading, and/or required intersection or driveway visibility. They may
b. Nnot be permanently attached to the ground or any other fence, wall or structure.
3.c. The design, size, location, number, and spacing of such signs are subject to Aarchitectural Rreview Ccommission approval. [Source: 18.60.080.B.3]
4. Conflicting Standards. In the case that tThe Mmaster Ssign Pprogram may include has more restrictive requirements, including methods of measurement, than prescribed by this Cchapter. If the master sign program has more restrictive requirements than this chapter, the Mmaster Ssign Pprogram shall be controlling. (Ord. 949 § 21, 2021; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.12, 1996; 1991 code § 35-18.12) [Source: 18.60.080.B.4]
18.80.120 Minor Sign Adjustment
A. The Aarchitectural Rreview Ccommission may approve minor adjustments involving not more than a 20 percent% change from any provision of this Cchapter as part of approval of a Ssign Ppermit, except that a greater number of signs is not allowed. [Source: 18.60.090.A] B. Before approval of a minor adjustment, the Aarchitectural Rreview Ccommission mustshall find that the adjustment complies with all the following standardst: [Source: 18.60.090.B]
1. Is consistent with the intent of the specific purposes noted in PHMC § 18.60.010of this Chapter; [Source: 18.60.090.B.1]
2. Will not adversely affect adjacent properties or tenants; and [Source: 18.60.090.B.2]
3. Is necessary due to practical difficulties involved in the strict application of the standards of this Title standards to the project site or would result in a superior, more creative design. (Ord. 854 § 2, 2011) [Source: 18.60.090.B.3]
10.2.f
Packet Pg. 645
Chapter 18.80 Signs
88 18.80.130 Major Sign Adjustment
A. The Pplanning Ccommission may approve major adjustments involving more than a 20 percent% change from any provision of this Cchapter through approval of a Uuse Ppermit. [Source: 18.60.100.A]
B. Before approval of a Uuse Ppermit for a major sign adjustment, the Pplanning Ccommission mustshall make the following findings (in addition to the findings required by PHMC Chapter
18.95 18.145 (Use Permits)for use permit approval): [Source: 18.60.100.B]
1. The adjustment is consistent with the intent of the specific purposes noted in PHMC §
18.60.010of this Chapter; [Source: 18.60.100.B.1]
2. The adjustment will not adversely affect adjacent properties or tenants; and [Source:
18.60.100.B.2]
3. The adjustment is necessary due to practical difficulties involved in the strict application of the standards of this Title standards to the project site or would result in a superior, more creative design. (Ord. 854 § 2, 2011) [Source: 18.60.100.B.3]
18.80.140 Maintenance – , Abandonment, or and Obsolete Signs A. Maintenance. Each sign shall be: [Source: 18.60.070.A]
1. Mmaintained in a secure and safe condition; [Source: 18.60.070.A]
2. Mmaintained in good repair; and [Source: 18.60.070.A]
1.3. Ccleaned, painted, and replaced as necessary to present a neat appearance. [Source:
18.60.070.A]
B. Abandoned or Obsolete Sign. An on-premises sign advertising an activity, business, service or product shall be removed within 45 calendar days after a business is no longer in operation. If the sign is not so removed, the code enforcement officer may have the sign removed in accordance with the public nuisance abatement provisions of Pleasant Hill Municipal Code Chapter 7.05, and the property owner will be held responsible for the cost of removal. Any prior exceptions, adjustments, modifications or variances granted for the abandoned or obsolete sign are void 45 calendar days after the business is no longer in operation. [Source:
18.60.070.B]
18.80.150 Enforcement
A. If the Ci city determines that a sign is not secure, safe, or in a good state of repair, it shall give written notice of this fact to the person responsible for the sign. If the defect is not corrected within the time permitted allowed by the Ccity, the Ccity may revoke the Sign Ppermit or Temporary Sign Permit to maintain the sign and may remove the sign pursuant toin accordance with the public nuisance abatement provisions of PHMC Chapter 7.05 (Public Nuisances). [Source: 18.60.070.A]
B. Illegal Ssigns. An illegal sign is any sign in violation of this Cchapter including, but not limited to, the following: [Source: 18.60.120.A]
10.2.f
Packet Pg. 646
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
89 1. A sign erected or displayed without a Ssign Ppermit, unless the sign is exempt under PHMC § 18.60.020Section 18.80.040 (Exempt Signs); [Source: 18.60.120.A.1]
2. A sign which is prohibited under PHMC § 18.60.060Section 18.80.050 (Prohibited Signs); [Source: 18.60.120.A.2]
3. A sign which is a danger to the public or which is unsafe; [Source: 18.60.120.A.3]
4. A sign which is not properly maintained, abandoned, or obsolete, under under PHMC § 18.60.070Section 18.80.140 (Maintenance, Abandonment, and Obsolete Signs); or [Source: 18.60.120.A.4]
5. A sign which is abandoned or obsolete under PHMC § 18.60.070. [Source:
18.60.120.A.5]
C. Abatement.
C.1. An illegal sign violates this Zzoning Oordinance and is considered a public nuisance a.
It nd may be abated in accordance with any enforcement procedure set forth established in PHMC Chapter 18.135185 (Enforcement), or the public nuisance abatement procedures set forth established in PHMC Chapter 7.05 (Public Nuisances).
The, and the cost of abatement is the responsibility of the owner. Each person who erects or maintains a sign which is subject to removal is jointly and severally liable for the cost of removal. [Source: 18.60.120.B]
2. In addition to all other remedies, the Ccity has a lien upon the sign which it removes for the cost of removal and may, but is not required to, keep possession of the sign until the owner redeems it by paying the cost of removal. The Ccity may dispose of the sign 30 calendar days after removal without further liability to the owner by giving the owner notice that the owner may redeem the sign by paying the cost of removal. [Source: 18.60.120.B]
D.3. Summary abatement. An illegal sign on public property may be summarily removed without prior notice to the owner. (Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.16, 1996; 1991 code § 35-18.16. Formerly 18.60.100) [Source:
18.60.120.C]
10.2.f
Packet Pg. 647
Chapter 18.85 Solar Energy Systems
90 Chapter 18.85
Solar Energy Systems
10.2.f
Packet Pg. 648
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.85 Revised Preliminary Draft – October 2024
91 Chapter 18.85 Solar Energy Systems
Sections
18.85.010 Purpose and Applicability
18.85.020 General Standards
18.85.030 Small Residential Rooftop Solar System
18.85.010 Purpose and Applicability
Purpose. The purpose of this section is to codify establish the procedures for reviewing applications for solar energy systems in compliance with California state law and the city’s governing documents. [Source: 18.50.160.A]
Applicability and purpose. This subsection C applies to the permitting of solar energy systems in the city, except those that qualify as small residential rooftop solar energy systems, which shall be governed by subsection D of this section. The purpose of this subsection C is to codify the review and permitting of solar energy systems in conformance with California Government Code section 65850.5, as it may be amended from time to time. [Source: 18.50.160.C.1]
18.85.020 Definitions
Definitions. In this section: [Source: 18.50.160.B]
A. Electronic submittal means the submission of materials via electronic mail. [Source:
18.50.160.B]
B. Small residential rooftop solar energy system, in accordance with California Government Code section 65850.5, means a solar energy system that meets all of the following: [Source:
18.50.160.B]
1. 1. Is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal; [Source: 18.50.160.B]
2. 2. Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, and all state and city health and safety standards; [Source: 18.50.160.B]
3. 3. Conforms to all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability; [Source: 18.50.160.B]
4. 4. Is installed on a single or duplex family dwelling; and [Source: 18.50.160.B]
5. 5. The panel or module array does not exceed the maximum legal building height as defined by the city. [Source: 18.50.160.B]
10.2.f
Packet Pg. 649
Chapter 18.85 Solar Energy Systems
92 C. Solar energy system has the meaning set forth in paragraphs (1) and (2) of subdivision (a) of section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. [Source: 18.50.160.B] D. Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. [Source:
18.50.160.B]
18.85.030 General Standards
Solar energy systems, generally. [Source: 18.50.160.C]
A. Review process. A building permit is required for the installation of any solar energy system within the city. A use permit may be required in some circumstances, as set forth in subsection C.4 of this section. [Source: 18.50.160.C.2]
B. Application review. The city shall administratively review applications for solar energy systems.
Review shall be limited to whether the proposed system meets all health and safety requirements of the city, the state, and the federal government. The city requirements shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific adverse impact upon the public health or safety. However, if the building official makes a finding, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health or safety, the city may require the applicant to apply for a use permit. [Source: 18.50.160.C.3] C. Use permit. [Source: 18.50.160.C.4]
1. Notwithstanding any other provision of the Pleasant Hill Municipal Code to the contrary, the building official, in consultation with the zoning administrator, is authorized to issue use permits for solar energy systems. A public hearing on the application for the use permit shall be held and notice of the same shall be provided as set forth in PHMC Chapter 18.80. [Source: 18.50.160.C.4.a]
2. If a use permit is required, the building official, in consultation with the zoning administrator, may deny an application for the use permit only if the building official makes written findings, based upon substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid , as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Any such decision may be appealed to the planning commission. [Source: 18.50.160.C.4.b]
3. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. [Source:
18.50.160.C.4.c]
4. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected
10.2.f
Packet Pg. 650
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.85 Revised Preliminary Draft – October 2024
93 method, condition, or mitigation does not significantly increase the cost of the system or decrease its efficiency or specified performance in excess ofmore than the following:
[Source: 18.50.160.C.4.d]
a. For solar domestic water heating systems or solar swimming pool heating systems: an amount exceeding 10% of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed. [Source:
18.50.160.C.4.d.i]
b. For photovoltaic systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed. [Source:
18.50.160.C.4.d.ii]
18.85.040 Small Residential Rooftop Solar System
Small residential rooftop solar systems. [Source: 18.50.160.D] A. Applicability and purpose. This subsection applies to the permitting of all small residential rooftop solar energy systems in the city. The purpose of this subsection is to create an expedited, streamlined solar permitting process that complies with the Solar Rights Act, as amended by AB 2188 (Chapter 521, Statutes 2014), to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This subsection encourages the use of small residential rooftop solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install small rooftop solar energy systems. This subsection allows the city to achieve these goals while protecting the public health and safety. [Source: 18.50.160.D.1] B. Small residential rooftop solar system requirements. A solar energy system that qualifies as a small residential rooftop solar energy system, as defined in this section, shall be processed in accordance with the terms of this subsection D. [Source: 18.50.160.D.2]
1. A small residential rooftop solar energy system must meet applicable health and safety standards and requirements imposed by the state and the city, Contra Costa Fire Protection Districtlocal fire department or district. [Source: 18.50.160.D.2.a]
2. The city shall adopt an administrative, nondiscretionary expedited review process for small residential rooftop solar energy systems, which shall include standard plan(s) and checklist(s). The checklist(s) shall set forth all requirements with which small residential rooftop solar energy systems must comply with to be eligible for expedited review. [Source: 18.50.160.D.2.b]
3. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research. [Source: 18.50.160.D.2.c]
C. Applicant obligations. Prior to submitting an application, the applicant shall: [Source:
18.50.160.D.3]
10.2.f
Packet Pg. 651
Chapter 18.85 Solar Energy Systems
94 1. Verify, to the applicant’s reasonable satisfaction, through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and [Source:
18.50.160.D.3.a]
2. At the applicant’s cost, verify, to the applicant’s reasonable satisfaction, using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads. [Source: 18.50.160.D.3.b] D. Electronic processing. [Source: 18.50.160.D.4]]
1. All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on a publicly accessible city website. [Source: 18.50.160.D.4.a]
2. Electronic submittal of the required permit application and documents by electronic means shall be made available to all small residential rooftop solar energy system permit applicants. The city’s website must specify the permitted method of electronic document submission. [Source: 18.50.160.D.4.b]
3. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. [Source: 18.50.160.D.4.c] E. Application review. [Source: 18.50.160.D.5]
1. An application that city staff determines satisfies the information requirements contained in the city’s checklist(s) for expedited small residential rooftop solar system processing, including complete supporting documents, shall be deemed complete. [Source: 18.50.160.D.5.a]
2. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. [Source: 18.50.160.D.5.b]
3. After city staff deems an application complete, city staff shall review the application to determine whether the application meets local, state, and federal health and safety requirements. [Source: 18.50.160.D.5.c]
4. Unless the building official determines a use permit is warranted, upon submission of a complete application that meets the requirements of the approved checklist, standard plans, and provisions of this section, city staff shall issue a building permit or other nondiscretionary permit in accordance with the timeframes adopted by the city council and in no event later than three days after submission. [Source: 18.50.160.D.5.d]
5. The building official may require an applicant to apply for a use permit if the building official finds, based on substantial evidence, that the applicant’s proposed solar energy system could have a specific, adverse impact upon the public health and safety. [Source: 18.50.160.D.5.e]
10.2.f
Packet Pg. 652
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.85 Revised Preliminary Draft – October 2024
95 a. If a use permit is deemed necessary, the process set forth in subsection C.4 of this section shall apply. [Source: 18.50.160.D.5.e.i] b. Any determination that a use permit is required because of a specific, adverse impact upon the public health and safety may be appealed to the planning commission. [Source: 18.50.160.D.5.e.ii]
6. The city shall not condition approval of an application on the approval of an association, as defined in California Civil Code section 4080. [Source: 18.50.160.D.5.f] F. Inspections. [Source: 18.50.160.D.6]
1. Only one inspection shall be required and performed by the building department for small residential rooftop solar energy systems eligible for expedited review, unless the system fails such inspection. [Source: 18.50.160.D.6.a]
2. The inspection shall be done in a timely manner. [Source: 18.50.160.D.6.b]
3. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section. (Ord. 894 § 2, 2015) [Source: 18.50.160.D.6.c]
10.2.f
Packet Pg. 653
Chapter 18.90 Tree Preservation
96 Chapter 18.90
Tree Preservation
10.2.f
Packet Pg. 654
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – October 2024
97 Chapter 18.90 Tree Preservation
Sections
18.90.010 Purpose and Applicability
18.90.020 Definitions
18.90.030 Permit Required
18.90.040 Exemptions
18.90.050 Preservation and Replacement Plan
18.90.060 Performance Security
18.90.070 Heritage Trees
18.90.080 Conditions of Approval
18.90.090 Penalties
18.90.100 Referral
18.90.110 Tree Removal Permit Expiration
18.90.120 Appeals
18.90.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish standards to protect and preserve trees throughout the City by identifying clear processes and procedures for the removal and replacement of trees.
18.90.010B. Applicability. The standards of this Section apply to any person, firm, corporation, private or public utility, or governmental entity responsible for the removal, relocation, alteration, damage, or demolition of a protected tree or heritage tree. City initiated projects shall also be subject to the provisions of this Chapter unless specifically exempted by the City Council. [Source: 18.50.110.A]
18.90.020 Definitions
The following definitions apply to the standards of this Chapter.
A. Damage. Damage means any intentional action or gross negligence, which causes injury, death or disfigurement of a tree. Actions include, but are not limited to, cutting, girdling, poisoning, overwatering, soil compaction, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline or tree protection zone (if specified) of a tree.
B. Dead Ttree. Dead tree means a tree that is dead or that has been damaged beyond repair or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs, or branches exist to sustain life) and has been determined to be such by the Zzoning Aadministrator.
10.2.f
Packet Pg. 655
Chapter 18.90 Tree Preservation
98 C. Excessive Ttrimming. Excessive trimming means any of the following and is a prohibited act that constitutes removal:
1. Rremoving in excess ofmore than one-fourth (25%) or greater percent, of the functioning leaf, stem, or root area within
one year12 months. Trimming in excess of 25%Excessive trimming is potentially injurious to the tree and is a prohibited act that constitutes removal. Excessive trimming typically results resulting in the tree appearing as a “bonsai,” “lion’s tailed,” or “lollypopped,” or overly thinned.
2. Excessive trimming also includes rRemoval of the leaf or stem area predominantly on one side, topping, or excessive tree canopy or crown raising. Exceptions may be considered by the Zzoning Aadministrator subject to review and approval of a tree removal permit pursuant to subsection A of this section when such trimming is determined by the Zzoning Aadministrator to be the only feasible way to provide necessary clearance from overhead utilities or public improvements or to abate a hazardous condition or public nuisance, or when the trimming is recommended by a certified arborist due to the health and/or structure of the tree.
3. Excessive trimming may also include the The cutting of any root two inches or greater in diameter and/or severing in excess ofmore than
25 percent% of the roots and/or pruning not in compliance with ANSI A-300, Part I pruning standard for trees, or the International Society of Arboriculture Pruning Best Management Practices (latest available revision of each).
D. Hazardous Ttree. A hazardous tree is refers to a tree considered one that possesses a structural defect which poses an imminent risk if the tree or part of the tree that would fall on someone or something of value (target). Structural defect means any structural weakness or deformity of a tree or its parts.
E. Tree Rremoval. Tree removal means any of the following: (a)
1. Ccomplete tree removal such as cutting to the ground or extraction of the tree; and
2. or (b) tTaking any action foreseeably leading to the death of a tree or permanent damage to its health or structural integrity, including but not limited to excessive trimming, cutting, girdling, poisoning, over-watering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree.
18.90.020F. Tree Pprotection Zzone (TPZ). The TPZ means is a restricted activity zone where soil disturbance, storage or parking of vehicles, storage of any other materials or chemicals, and/or alteration of drainage is not permittedallowed, unless otherwise approved by the Ccity. The project arborist or a Ccity arborist shall designate the area of the TPZ with a temporary fenced tree enclosure designed to protect the tree and its roots from disturbance. Within the TPZ, roots that are critical for tree survival are typically found in the upper three-foot soil horizon, and may extend beyond the dripline of the tree. Protecting the roots in the TPZ is necessary to ensure the tree’s survival.
10.2.f
Packet Pg. 656
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – October 2024
99 18.90.030 Permit Required
A. Permit required. General Requirements. 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 before obtaining a tree removal permit from the Zzoning Aadministrator or approval from another applicable Ccity 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. [Source:
18.50.110.A]
B. Protected Ttrees. The termFor the purposes of this Chapter, all of the following are classified as “protected trees” means any of the following: [Source: 18.50.110.A.1]
1. Any native oak tree or 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). The California Native Plant Society’s Calscape list of indigenous/native trees for the Bay Area can be referenced to determine whether a tree is considered native or indigenous to the region. [Source: 18.50.110.A.1.a and
18.50.110.A.1.b]
2. 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). [Source: 18.50.110.A.1.b] 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. [Source: 18.50.110.A.1.b]
3.2. A nNonnative trees (not including , excluding 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). [Source: 18.50.110.A.1.c]
4.3. 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. [Source: 18.50.110.A.1.d]
10.2.f
Packet Pg. 657
Chapter 18.90 Tree Preservation
100
5.4. Any tree required to be planted as a replacement for an unlawfully removed tree. [Source: 18.50.110.A.1.e]
6.5. Any tree designated as a “heritage tree” pursuant toin compliance with subsection E of this sectionSection 18.90.060 (Heritage Trees). [Source: 18.50.110.A.1.f] Note: See subsection G of this Ssection for definition of trunk diameter measurement. [Source: 18.50.110.A.1.f]
C. Trunk Diameter Measurement. For the purposes of this Chapter, the trunk diameter shall be measured using the following parameters: [Source: 18.50.110.G.6]
1. Point of measurement shall start at 54 inches (DBH) above the existing ground surface adjacent to the trunk of the tree., [Source: 18.50.110.G.6]
2. measure the The width of the tree shall be measured from one side of the trunk to the opposite side, or alternatively, measure the circumference of the tree’s trunk (in inches) at that point and divide by Pi (3.14). [Source: 18.50.110.G.6]
3. For trees located on a slope, this measurement is takenthe trunk diameter shall be measured from the midpoint between the lowest and highest point of existing grade adjacent to the tree trunk. [Source: 18.50.110.G.6]
4. For trees with more than one trunk, the combined diameter of all trunks measured at 54 inches (DBH) above the ground will shall be determine the diameter of that individual tree. [Source: 18.50.110.G.6]see diagrams below)
10.2.f
Packet Pg. 658
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – October 2024
101
Figure 18.90-__: Tree Trunk Diameter Measurements
1. D. Arborist Rreport Rrequired. Any application for a tree removal permit shall include a letter report prepared by a certified arborist addressing the health/condition of the tree, the rationale for removal, the feasibility of any alternatives to removal, and any recommendations for replacement trees. [Source: 18.50.110.A.2]
E. Criteria for TRtree Rremoval Rreview. The Zzoning Aadministrator, or other applicable review authoritycity decision-making body, shall consider the following factors in determining whether to approve the removal of a tree or trees(s): [Source: 18.50.110.A.3]
1. Health or physical condition of the tree; [Source: 18.50.110.A.3.a]
2. Any potential hazard or any risk presented by the tree determined using the ANSI A300, part 9 Standard for Tree Risk Assessment; [Source: 18.50.110.A.3.b]
3. Whether the tree is causing a public nuisance and/or a public safety hazard; [Source:
18.50.110.A.3.c]
10.2.f
Packet Pg. 659
Chapter 18.90 Tree Preservation
102
4. Potential for the tree to be a detriment to other protected trees due to its location, overcrowding, or its health; [Source: 18.50.110.A.3.d]
5. Evidence of significant damage to property caused, or likely to be caused, by the tree; [Source: 18.50.110.A.3.e]
6. Any potential historic or cultural significance of the tree; [Source: 18.50.110.A.3.f]
7. Whether the tree substantially inhibits sunlight necessary for the operation of active or passive solar heating, cooling or energy generation and trimming or thinning is not a feasible alternative to removal; [Source: 18.50.110.A.3.g]
8. Whether the tree is obstructing proposed improvements that cannot be reasonably designed to avoid tree removal; [Source: 18.50.110.A.3.h]
9. Whether the tree is located in close proximity to a structure in a high fire hazard area and removal is necessary to create defensible space per applicable fire safety laws, regulations or Fire District requirements; [Source: 18.50.110.A.3.i]
10. Whether preservation of the tree(s) would render a site undevelopableundevelopable, and the Pplanning Ccommission or Ccity Ccouncil has determined that no economically viable use can be made of underlying or adjacent property if the tree is not removed and that every reasonable effort has been made to retain the tree; [Source: 18.50.110.A.3.j]
11. Feasibility of alternatives to removal of the tree (for example, depending on the circumstances, abandonment in place of a natural gas pipeline that is over 30 years old and relocation of the pipeline may be deemed a feasible alternative); [Source:
18.50.110.A.3.k]
12. Any other circumstances deemed relevant by the Zzoning Aadministrator or other city decision-making body review authority based on site conditions, technical analyses, and/or the location of the tree. [Source: 18.50.110.A.3.l] F. Third-Pparty Ppeer Rreview Aarborist. When deemed necessary by the Zzoning Aadministrator or other applicable city decision-making bodyreview authority, a third-party peer review prepared by a certified arborist, board certified master arborist, or registered consulting arborist may be required (at the cost of the applicant) to perform one or more of the following analyses:
[Source: 18.50.110.A.4]
1. rReview the applicant’s arborist report and/or tree preservation and replacement plan, [Source: 18.50.110.A.4]
2. Pphysically inspect and evaluate the tree(s) proposed for removal, [Source:
18.50.110.A.4]
3. Pprovide a written analysis to include the peer review arborist’s findings, and recommendations, or. [Source: 18.50.110.A.4]
F.4. The peer review arborist’s comments may also include Provide recommendations regarding tree replacement. [Source: 18.50.110.A.4]
G. Replacement Ttrees Rrequired. [Source: 18.50.110.A.5]
10.2.f
Packet Pg. 660
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – October 2024
103
1. Replacement Rratios. Unless otherwise specified by the Zzoning Aadministrator or other applicable city decision-making bodyreview authority, the replacement ratios for tree removal shall be as follows: [Source: 18.50.110.A.5.a] a. A protected native or indigenous tree approved for removal shall be replaced by at least two 15-gallon trees on the project site. [Source: 18.50.110.A.5.a.i] b. A protected nonnative tree approved for removal shall be replaced by at least one 15- gallon tree on the project site. [Source: 18.50.110.A.5.a.ii] c. In addition to the replacement requirements in subsections A.5.a.i and/or ii of this sectionSubparagraphs a and b of this Subsection, removal of any protected tree (native, indigenous or nonnative), as part of an area-wide program and/or discretionary development plan, that is located within or adjacent to the public right-of-way along Contra Costa Boulevard or within or adjacent to the Iron Horse Trail, may also be subject to additional mitigation requirements to address potential adverse community-wide social, economic, or environmental impacts of tree removals. Such additional mitigationAdverse impacts (individual or cumulative) that may require additional mitigation, if required by the applicable city decision-making body, may include, but not be limited to, proportionate mitigation for adverse effects (individual and cumulative) on biological values, aesthetics, loss of shade, economic vitality, air quality, vehicle speed, community identity, and other similar factors, resulting directly or indirectly from tree removal, that have the potential to cause adverse community-wide social, economic or environmental effects due, in part, to and the substantial length of time required for replacement trees to reach the same level of maturity and therefore provide the same functionality and benefits as the trees that are removed. [Source: 18.50.110.A.5.a.iii]
2. Replacement Ttree Sspecies. The species of the replacement trees shall be approved by the Zzoning Aadministrator or other applicable city decision-making bodyreview authority. [Source: 18.50.110.A.5.b]
3. Off-Ssite Rreplacement. Off-site tree replacement may be considered in the event that if the project site already has a significant mature tree population, to prevent overcrowding or infringement on existing structures., provided aAdequate provisions for maintenance of the replacement tree are shall be specified, subject to approval by the Pplanning Ccommission. [Source: 18.50.110.A.5.c]
4. Replacement Iinfeasible. Where the planning commission or city council has If it is determined that on-site or off-site replacement of trees is not currently feasible due to lack of adequate space on site or lack of a suitable and available off-site location, the applicable review authority planning commission or city council may, at its discretion, allow one of the following alternatives
a. Have the applicant to make pay an in lieu payment fee to the Ccity for provision of off-site trees at the ratio recommended in subsection A.5.a of this sectionParagraph G.1. The in lieu fee shall be based on the estimated value
10.2.f
Packet Pg. 661
Chapter 18.90 Tree Preservation
104
of the replacement tree(s) including any installation and maintenance costs and shall be approved by the applicable review authority. b. If the zoning administrator or other applicable city decision-making body determines that on-site or off-site replacement would not be feasible (due to lack of adequate space on site or lack of a suitable and available off-site location), For a tree removal on a single-family residential property, the review authority may reduce or waive the the tree replacement requirement, may be reduced or waived, as appropriate.
4.c. Require additional mitigation measures for each tree removed For trees removed within or adjacent to Contra Costa Boulevard and/or within or adjacent to the Iron Horse Trail (see Subparagraph c of Paragraph G.1), additional mitigation for each tree removed may be required as specified in subsection A.5.a.iii of this section. [Source: 18.50.110.A.5.d]
5. Maintenance. Replacement trees shall be properly maintained by the permittee to ensure their survival. [Source: 18.50.110.A.5.e]
a. Replacement trees on single-family family residential sites shall be maintained for a minimum of two years after planting. [Source: 18.50.110.A.5.e]
5.b. Replacement trees on all other sites shall be maintained as noted in any landscape maintenance agreement and/or Ccity approved landscape plan or tree preservation and replacement plan applicable to the site. [Source:
18.50.110.A.5.e]
18.90.040 Exemptions
Exemptions. A Ttree Rremoval Ppermit is not required prior tobefore removal of a protected tree under any of the following circumstances: [Source: 18.50.110.B] A. Removal is determined necessary by Contra Costa Fire Protection District fire department personnel actively engaged in fighting a fire. [Source: 18.50.110.B.1] A.B. Removal of trees on property owned by the Pleasant Hill Recreation and Park District. [Source:
NEW]
B.C. Immediate removal is required to prevent imminent danger to life or property, such as with a “hazardous tree” as defined in subsection G.4 Section 18.90.020 (Definitions) of this section or if necessary to restore utility service within 48 hours of a storm, and the Ccity Mmanager or his/her their designee has been notified of the removal at the earliest opportunity, and it is not feasible to obtain a permit prior tobefore removal. In the case of immediate removal, a tree removal permit (in which case a tree removal permit shall be submitted within five days of following removal to ensure that the provisions of this Cchapter and any other applicable provisions of the Mmunicipal Ccode or applicable land use entitlements are satisfied). [Source:
18.50.110.B.2]
C.D. The tree is held for sale as part of a licensed nursery business. [Source: 18.50.110.B.3] D.E. A subdivider or developer need not obtain a separate tree removal permit to remove, relocate or demolish aThe tree(s) are designated as “To Be Removed” on an approved subdivision map
10.2.f
Packet Pg. 662
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – October 2024
105
(tentative map or parcel map) or development plan provided that the tree removal has been reviewed and approved by the decision-making body for the subdivision map and/or development plan based on the criteria in subsection A.3 Subsection Eof this section and a tree preservation and replacement plan has been approved pursuant to in accordance with subsection C Section 18.90.050 (Preservation and Replacement Plan)of this section. [Source:
18.50.110.B.4]
F. The Zzoning Aadministrator determines that the tree is dead..
1. The Zzoning Aadministrator may require submittal of a report from a licensed arborist if deemed necessary to verify the condition of the tree.
2. A fee shall not be required for a determination by the Zzoning Aadministrator that a tree is dead.
E.3. Dead trees that are removed shall not require replacement unless located on a site with a cCity-approved landscape plan or landscape maintenance agreement, in which case, the dead tree shall be replaced on a 1:1 basis. [Source: 18.50.110.B.5, modified] F.G. Tree trimming that does not constitute “excessive trimming” as defined in this chapterSection
18.90.020 (Definitions). [Source: 18.50.110.B.6]
G.H. If a A governmental entity or a public or private utility believes determines it the removal of a tree(s) is exempt from this section Chapter by Ffederal or Sstate statutelaw, regulation, or administrative order., such entity shall provide a A copy of such statute, regulation, or order shall be provided to the Zzoning Aadministrator for approval. [Source: 18.50.110.B.7]
18.90.050 Preservation and Replacement Plan
A. Tree preservation and replacement plan. General Requirements. A tree preservation and replacement plan prepared by a Sstate licensed or certified professional shall be submitted when:
1. by the applicant in conjunction with any A discretionary land use entitlement application that includes removal of protected trees. This provision does not apply (excluding an to an entitlement involving only one single-family family residence where the Zzoning Aadministrator may administratively require tree protection measures as needed if a proposed development has the potential to adversely impact a protected tree).;
2. in addition, a tree preservation and replacement plan may also be Rrequired by the Zzoning Aadministrator or other applicable city decision-making body review authority as a condition of a Ttree Rremoval Ppermit approval.
B. Content Requirements. The tree preservation and replacement plan shall be subject to the review and approval of the Zzoning Aadministrator or other applicable city decision making body and shall include: [Source: 18.50.110.C]
A.1. A map and inventory showing the location, species, health rating, size, and a unique tree number for all trees on the site. The trees to be removed, relocated, or demolished shall be labeled “To Be Removed” or marked with an “X” and the inventory shall indicate by notation why removal of each tree is necessary based on the criteria
10.2.f
Packet Pg. 663
Chapter 18.90 Tree Preservation
106
included in subsection Subsection E of Section 18.90.030 (Permit Required)A.3 of this section. [Source: 18.50.110.C.1]
B.2. A report from a certified arborist, board certified master arborist, or registered consulting arborist describing the condition of all existing trees, the anticipated impacts of grading, trenching, and construction on the protected trees and recommending specific protective measures to be implemented prior tobefore commencement of grading or construction to minimize potential adverse impacts on protected trees. The report shall designate tree protection zones (TPZ)TPZs for each protected tree and/or group of protected trees that are proposed to remain on- site and the additional measures such as protective fencing, staking, and signage necessary to avoid inadvertent damage to protected trees during grading and construction. The TPZ is a restricted activity zone where soil disturbance, storage or parking of vehicles, storage of any other materials or chemicals and/or alteration of drainage is not permitted, unless otherwise approved by the city. All required tree protection measures shall also be included with the grading and/or construction documents for the development. [Source: 18.50.110.C.2]
C.3. A replanting plan prepared by a licensed landscape architect or other professional approved by the Ccity for replacement of each tree removed as required by the Zzoning Aadministrator or other applicable Ccity decision-making body. The planting plan shall include replacement trees as required pursuant toin accordance with subsection A.5 of this sectionSubsection G and shall conform with ANSI A-300 Standard Part XXX (Planting). [Source: 18.50.110.C.3]
D.4. Provisions to ensure ongoing maintenance of any required replacement trees. [Source:
18.50.110.C.4]
18.90.060 Performance Security
Performance security. To ensure the safety and well-being of existing protected trees that may be impacted by grading or construction and/or any replacement trees required to be planted pursuant toin accordance with this Cchapter, the Zzoning Aadministrator or other applicable city decision-making body review authority may, at its discretion, require an applicant to post a cash deposit or other performance security acceptable to the Ccity guaranteeing that each such tree will be protected against harm from grading or construction and will be adequately maintained. The performance security mustshall be posted with the Zzoning Aadministrator prior tobefore issuance of grading permits and shall be governed by the following provisions: [Source: 18.50.110.D] A. The Zzoning Aadministrator shall establish the amount of the performance security which shall be equal to the estimated value of the protected trees. [Source: 18.50.110.D.1] B. The performance security shall remain in effect for a period of five years, (or two years for single-family family residential sites) following the date of final inspection and acceptance of the development project by the Ccity. [Source: 18.50.110.D.2] C. The performance security shall provide that if the Ccity determines that a protected tree has been removed, permanently damaged, or destroyed due to development activity during the effective period of the performance security, the Ccity is entitled to recover the face amount of the performance security. [Source: 18.50.110.D.3]
10.2.f
Packet Pg. 664
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – October 2024
107
D. If, Aat the expiration of the effective period of the performance security, if the city determines that the protected trees have not been removed, permanently damaged, or destroyed due to development activity, the performance security shall be refundedrefunded, or the surety bond terminated. [Source: 18.50.110.D.4, modified]
18.90.070 Heritage Trees
Heritage trees. Notwithstanding any other provisions of this Cchapter, a tree which is enrolled in the Ccity’s Hheritage Ttree Pprogram may not be removed, relocated, damaged, or demolished, and no permit or tree preservation and replacement plan authorizing such action may be issued, unless the Zzoning Aadministrator or other applicable Ccity decision-making body determines that there existsthe tree poses a hazard to property or danger of disease or infection to surrounding healthy trees. [Source:
18.50.110.E, modified]
A. Eligibility. Any native or indiginousindigenous tree in the city with a trunk diameter measurement of 16 inches or more or any tree grouping in the city with at least one tree of this diameter is eligible for enrollment in the Hheritage Ttree Pprogram, with the consent of the property owner. [Source: 18.50.110.E.1]
B. Enrollment. The Zzoning Aadministrator shall review and approve applications for enrollment in the Hheritage Ttree Pprogram unless an eligible tree or tree grouping is unhealthy and cannot be saved. Upon approval of an application, the Zzoning Aadministrator shall: [Source:
18.50.110.E.2]
1. Record the location and the plant number of each tree or tree grouping. [Source:
18.50.110.E.2.a]
2. Obtain a color photograph of the tree or tree grouping at the time of its enrollment. [Source: 18.50.110.E.2.b]
3. Affix a plaque on the tree or tree grouping identifying: [Source: 18.50.110.E.2.c] a. The scientific name of the tree(s); [Source: 18.50.110.E.2.c.i] b. The common name of the tree(s); [Source: 18.50.110.E.2.c.ii] c. The plaque number (i.e., Heritage Tree No. ____); and [Source:
18.50.110.E.2.c.iii]
d. The name of the owner. [Source: 18.50.110.E.2.c.iv]
4. Award a certificate to each property owner enrolling a tree or tree grouping in the program, expressing the appreciation of the Ccity and its citizens. [Source:
18.50.110.E.2.d]
18.90.080 Conditions of Approval
Conditions. The Zzoning Aadministrator or other applicable city decision-making body review authority may impose reasonable conditions of approval on a tree removal permit, consistent with the purposes of this Cchapter, to ensure safe and unobtrusive tree removal, replacement, relocation, and demolition; maintenance of replacement trees; and protection of trees not approved to be removed. It shall be a violation of this Cchapter for any property owner or agent of the owner to fail to comply with any
10.2.f
Packet Pg. 665
Chapter 18.90 Tree Preservation
108
condition of approval or other requirement pursuant toin accordance with this Cchapter. [Source:
18.50.070.F]
18.90.090 Penalties
Penalties. In addition to all other remedies set forth established in the municipal code or otherwise provided by law, the following remedies shall be available to the Ccity for violation of this Cchapter:
[Source: 18.50.110.H]
A. For unlawful removal or damage of a native oak tree or heritage tree, a civil penalty may be imposed at the discretion of the Ccity in an amount not to exceed $1,000 per tree unlawfully removed or damaged, or the replacement value of each such tree. Such amount shall be payable to the Ccity. Failure to pay this penalty may result in imposition of a lien or special assessment on the property in the amount of the penalty and any additional costs incurred by the Ccity in addressing the violation. [Source: 18.50.110.H.1] B. Replacement value for the purposes of this Ssection shall be determined utilizing “trunk formula method” as specified in the most recent edition of the Guide for Plant Appraisal, published by the International Society of Arboriculture. [Source: 18.50.110.H.1]
18.90.100 Referral to the planning commission or architectural review commission.
The Zzoning Aadministrator may , in his or her discretion, refer any tree removal permit application directly to the Pplanning Ccommission (or Aarchitectural Rreview Ccommission if the removal is on a site with a landscape plan previously approved by the Aarchitectural Rreview Ccommission). [Source:
18.50.110.I]
18.90.110 J. Tree Rremoval Ppermit Eexpiration.
An approved Ttree Rremoval Ppermit shall be valid for a period of one year12 months from the approval date, unless the tree is removed, or the permit is renewed by the Zzoning Aadministrator or other hearing body review authority that originally approved itthe permit. [Source: 18.50.110.J]
18.90.120 K. Appeals.
Any decision to approve or deny a Ttree Rremoval Permit may be appealed by the applicant or any interested party pursuant toin accordance with the procedures specified in PHMC Chapter
18.130Chapter 18.175 (Appeals and Calls for Review). (Ord. 964 § 11, 2023; Ord. 890 §§ 28, 29, 2015; Ord. 880 § 2, 2014) [Source: 18.50.110.K]
10.2.f
Packet Pg. 666
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.95 Revised Preliminary Draft – October 2024
109
Chapter 18.95
Water-Efficient Landscaping
10.2.f
Packet Pg. 667
Chapter 18.95 Water-Efficient Landscaping
110
Chapter 18.95 Water-Efficient Landscaping
Sections
18.95.010 Purpose and Applicability
18.95.020 Forms – Zoning Administrator Review
18.95.030 Submittal Requirements
18.95.040 Water-Efficient Landscape Standards
18.95.050 Landscape Plan Requirements
18.95.060 Landscape Water Irrigation Audit
18.95.070 Certifications
18.95.080 Landscape and Irrigation Maintenance Schedule
18.95.090 Provisions for Existing Landscaping
18.95.100 Disclosures
18.95.110 Fees
18.95.120 Irrigation Efficiency
18.95.130 Reporting
18.95.010 Purpose and Applicability
Purpose. The regulations in this The purpose of this Cchapter is to establish standards for govern landscape design and development that employ which is efficient at conserving waterwater-efficient design and management in a citywide effort to conserve water, , because water is a limited resource which must be managed and used efficiently. Efficient water use can be increased through proper landscape design and management. The right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use. [Source: 18.52.010]
A. ThisThe regulations of this Cchapter are established in compliance with is a result of Sstate law that requires all California jurisdictions to either adopt the Sstate model water-efficient landscape ordinance or adopt a local ordinance that is at least as effective as the Sstate ordinance. This Cchapter conforms to the requirements of the State Water Conservation in Landscaping Act (Gov’t Government Code §§ Sections 65591 through 65599), and is at least as effective as the updated 2015 sState model ordinance (23 Cal. Code of Regs. § 490 et seq.). (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.010] B. Applicability. This Cchapter applies to the following landscaping projects: [Source: 18.52.030]
1. Projects in all zone districts. A wWater-efficient landscape plan approval is required for projects in all zoning districts that:
A.a. Propose the creation of 500 square feet or more square feet of landscape area proposed in conjunction with a Zzoning approvalPermit, Bbuilding Ppermit,
10.2.f
Packet Pg. 668
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.95 Revised Preliminary Draft – October 2024
111
Ggrading Ppermit, Pplan Ccheck, or Aarchitectural Rreview Ppermit. [Source:
18.52.030.A]
B.b. Projects in all zone districts. Water-efficient landscape plan approval is required forPropose the rehabilitation of 2,500 square feet or more square feet of landscaping proposed in conjunction with a Zzoning approvalPermit, Bbuilding Ppermit, Ggrading Ppermit, Pplan Ccheck, or Aarchitectural Rreview Ppermit. [Source: 18.52.030.B]
C.2. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot’s or parcel’s landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Ssection E of the Pprescriptive Ccompliance Ooption maintained by the Zzoning Aadministrator. [Source: 18.52.030.C]
D.3. Any project with an aggregate landscape area of 2,500 square feet or less, and proposed in conjunction with a Zzoning approvalPermit, Bbuilding Ppermit, Ggrading Ppermit, Pplan Ccheck, or Aarchitectural Rreview Ppermit, may comply with either the requirements of this Cchapter or with the Pprescriptive Ccompliance Ooption maintained by the Zzoning Aadministrator. [Source: 18.52.030.D] E.4. Existing landscaping. PHMC §§ 18.52.110Section 18.95.090 (Provisions for Existing Landscaping) and 18.52.120 Section 18.95.100 (Disclosures) apply to existing landscaping. [Source: 18.52.030.E]
F. For subsections A through E of this section, for all nonresidential zoning districts, decorative hardscape, mulch and/or pervious pavement areas are to be treated as landscape areas (credited for up to 50% of required project landscaped area subject to architectural review commission or planning commission approval) as part of a proposed project. [Source: 18.52.030.F]
G.5. Not applicable. ThisThe standards of this Cchapter does do not apply to: [Source:
18.52.030.G]
1.a. A landscaped area that is only temporarily irrigated for establishment purposes, or a landscaped area that is not irrigated with a permanent irrigation system. [Source: 18.52.030.G.1]
2.b. Registered local, Sstate, or Ffederal historical sites, as determined by the Pplanning Ccommission or Ccity Ccouncil. [Source: 18.52.030.G.2] c. An eExisting community garden, botanical garden or arboretum open to the public. (Ord. 934 § 6, 2019; Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source:
18.52.030.G.3]
C. Landscaped Area. For the purposes of this Chapter, decorative hardscape, mulch, and/or pervious pavement areas in all nonresidential zoning districts shall be treated as landscape areas (credited for up to 50 percent of required project landscaped area subject to Architectural Review Commission or Planning Commission approval) as part of a proposed project. [Source:
18.52.030.F]
10.2.f
Packet Pg. 669
Chapter 18.95 Water-Efficient Landscaping
112
3. 18.95.020 Forms – Zoning Administrator Review
A. Forms. The Zzoning Aadministrator shall develop detailed application and certification requirements consistent with 43 Cal. Code of Regs. § 490 et seq., including but not limited to:
[Source: 18.52.040.A]
1. Definitions (Appendix A to this Chapter); [Source: 18.52.040.A.1]
2. Water efficient landscape worksheet (Appendix B to this Chapter); [Source:
18.52.040.A.2]
3. Certificate of compliance: landscape design sheet (Appendix C to this Chapter); [Source: 18.52.040.A.3]
4. Certificate of compliance: landscape installation sheet (Appendix D to this Chapter); [Source: 18.52.040.A.4]
5. Certificate of compliance: landscape maintenance sheet (Appendix E to this Chapter); [Source: 18.52.040.A.5]
6. Prescriptive compliance option (Appendix F to this Chapter). [Source: 18.52.040.A.6] B. Zoning Aadministrator Rreview. A Water-efficientEfficient Llandscape Pplan approval, when applicable under PHMC § 18.52.030.A, B, C, D, or E, is shall be reviewed in conjunction with any applicable zoning approval, Bbuilding Ppermit, Aarchitectural Rreview Ppermit, Ddevelopment Pplan, Pplanned Uunit Ddevelopment, Uuse Ppermit, or Ssubdivision. The Zzoning Aadministrator shall review each water-efficient landscape plan submittal for compliance with the provisions of this Cchapter and may withhold issuance of a Zzoning approval Permit, for a Bbuilding Ppermit, or Ggrading Ppermit for which its related landscape plan indicates an estimated total water use that exceeds the maximum applied water allowance for a proposed landscape, or is does not otherwise comply not in compliance with this Cchapter. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.040.B]
18.95.030 Submittal Requirements
A. Submittal General Rrequirements. An applicant requesting zoning approval for any project that is subject to this Cchapter shall submit a Wwater-Eefficient Llandscape application package, on forms provided by the Planning Division, prior to commencement of grading or constructionbefore any grading or construction can begin on the proposed site. The landscape application package shall include all of the following: [Source: 18.52.050.A, modified]
1. A pProject information sheet , on a form prepared by the zoning administrator, identifying the applicantapplicant’s name and description of the project, including location, type of development, source of irrigation water, total landscape area, and area of landscape to be rehabilitated. [Source: 18.52.050.A.1]
2. Certifications as required in PHMC § Section 18.52.090 18.95.070 (Certifications)on forms prepared by the zoning administrator. [Source: 18.52.050.A.2]
10.2.f
Packet Pg. 670
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.95 Revised Preliminary Draft – October 2024
113
3. Water efficient landscape worksheet with calculations of the maximum applied water allowance and estimated total water use of the proposed landscape plan on forms prepared by the zoning administrator. [Source: 18.52.050.A.3]
4. Landscape and irrigation plan prepared in accordance with PHMC §§ 18.52.060 and
18.52.070Section 18.95.040 (Water-Efficient Landscape Standards) and Section
18.95.050 (Landscape Plan Requirements). [Source: 18.52.050.A.4]
5. Maintenance schedule prepared consistent with the provisions of PHMC §
18.52.100Section 18.95.080 (Landscape and Irrigation Maintenance Schedule). [Source: 18.52.050.A.5]
6. Soil management report prepared consistent with the provisions of PHMC §
18.52.060.. [Source: 18.52.050.A.6]
B. Waiver for Llow Wwater Uuse Llandscapes. The Zzoning Aadministrator may waive the requirement for submittal of the water efficient landscape worksheet required by this Ssection; provided, that the landscape plan meets all the following requirements: [Source: 18.52.050.B]
1. Does not include any water features with more than 100 square feet of total surface area. [Source: 18.52.050.B.1]
2. Does not include any turf or other plants identified as medium or high water use in Water Use Classification of Landscape Species (WUCOLS), unless they qualify as special landscape area. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source:
18.52.050.B.2]
18.95.040 Water-Efficient Landscape Standards
The proposed landscape shall be creative and incorporate a variety of plantings to avoid uniformity and similar landscape designs. The landscape plan shall meet the following standards (the applicable best management practices): [Source: 18.52.060]
A. Required Eelements. The landscape plan shall address all of the following topics: [Source:
18.52.060.A]
1. Plant materials; [Source: 18.52.060.A.1]
2. Irrigation system design; [Source: 18.52.060.A.2]
3. Water features; and [Source: 18.52.060.A.3]
4. Grading and soil preparation. [Source: 18.52.060.A.4] B. The landscape plan shall be subject to the requirements of the Llandscape Ddesign certification Certificate of Compliance form maintained by the Zzoning Aadministrator., which shall be in substantially the form as set forth in Appendix C hereto. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.060.B]
18.95.050 Landscape Plan Requirements
The water-efficient landscape plan shall demonstrate that all the water-efficient landscape standards of PHMC § 18.52.060 Section 18.95.040 (Water-Efficient Landscape Standards) have been met. The
10.2.f
Packet Pg. 671
Chapter 18.95 Water-Efficient Landscaping
114
plan shall include details and specifications reflecting best management practices for water-efficient landscape design. [Source: 18.52.070]
A. Planting Pplan. The planting plan shall include information identified in the Landscape Design Ccertificate of Ccompliance form: landscape design form as maintained by the zoning administrator. [Source: 18.52.070.A]
B. Irrigation Pplan. The irrigation plan shall include information identified in the Landscape Design Certificate of Compliance certificate of compliance: landscape design form as maintained by the zoning administrator. [Source: 18.52.070.B]
C. NPDES. The proposed landscape plan shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES; PHMC Chapter 15.05) intended to implement stormwater best management practices into the planting, irrigation, and grading plans to minimize runoff and to increase on-site retention and infiltration. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.070.C]
18.95.060 Landscape Water Irrigation Audit
A landscape water audit shall be completed as specified in this Ssection to ensure that the installed landscape meets the requirements of this Cchapter. [Source: 18.52.080] A. Audit requiredGeneral Requirement. The Ccity Llandscape Iirrigation Aauditor or an independent third partythird-party certified irrigation system auditor shall have an audit completed within 30 calendar days after completion of the landscape installation. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. Large projects or projects with multiple landscape installations shall have an auditing rate ofcomplete at least one audit for every in seven lots lots or approximately 15 percent% of the project. [Source: 18.52.080.A]
B. Repair or Ccorrection. The Ccity or independent third- party certified irrigation system auditor shall inform the applicant or owner of all the areas where the landscape project does not conform to this Cchapter. This shall include, but is not limited to, all items listed on the Ccertificates of Ccompliance required for the project. The applicant or property owner shall repair or correct the noncompliance issues and the site lot shall be re-audited for compliance within 30 calendar days of receipt of report from certified irrigation system auditor. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.080.B]
18.95.070 Certifications
A. Applicability. Prior toBefore final permit inspection or issuance of a Ccertificate of Ooccupancy , as applicable, for the project, the applicant shall submit completed Ccertificates of Ccompliance, on forms prepared by the zoning administratorprovided by the Planning Division, that the landscape has been designed and installed in accordance compliance with the approved water-efficient landscape plan submittal and the requirements of this Cchapter. [Source: 18.52.090]
B. Required Ccertificates of Ccompliance. The applicant shall submit shall include the completed Certificates of Compliance for all the following: [Source: 18.52.090]
10.2.f
Packet Pg. 672
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.95 Revised Preliminary Draft – October 2024
115
A.1. Landscape Design. The licensed landscape architect, licensed landscape contractor, or any other person(s) authorized by law to design a landscape, who prepared the landscape design, shall complete the Landscape Design C certificate of Ccompliance:
landscape design sheetform, certifying the landscape has been designed to comply with the criteria of this Ssection. (See Appendix C.) [Source: 18.52.090.A] B.2. Landscape Iinstallation. The aApplicant shall complete the Landscape Installation Ccertificate of Ccompliance: landscape installation sheet form, certifying the landscape has been installed, as specified in the landscape plans, and complies with this Ssection. (See Appendix D.) [Source: 18.52.090.B]
C.3. Irrigation Iinstallation. The certified irrigation system auditor shall complete the Landscape Installation Ccertificate of Ccompliance: landscape installation sheet form certifying the landscape and irrigation system have been installed, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure, and any other factors necessary for accurate programming, as specified in the landscape plans, and comply with the criteria of this Ssection. (See Appendix D.) [Source: 18.52.090.C]
D.4. Maintenance. The maintenance contractor/person for a landscape project(s) involving more than one single-family family residence, or the property owner/resident for a landscape project for an individual single-family residence, shall complete the Landscape Maintenance Ccertificate of Ccompliance: landscape maintenance sheet, certifying the landscape maintenance contractor, or /person responsible for maintenance, agrees to manage the property using less water than the maximum applied water allowance. (See Appendix E.) (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.090.D]
18.95.080 Landscape and Irrigation Maintenance Schedule The aApplicant shall develop a landscape maintenance specification and schedule for the landscape project that is consistent with the most recent acceptable best management practices for landscape maintenance. Schedules shall be submitted with the Landscape Maintenance Certificate of Compliancecertification of compliance specified pursuant to in accordance with PHMC § Section
18.52.090 18.95.070 (Certifications) and shall specify, at a minimum: [Source: 18.52.100] A. An annual landscape maintenance schedule including at least the following:
1. Rroutine inspection;
2. Aauditing, adjustment, and repair of the irrigation system and its components;
3. Aaerating turf areas;
4. Ttopdressing with compost, replenishing mulch;
5. Sseasonal pruning;
6. Wweeding in all landscape areas; and
10.2.f
Packet Pg. 673
Chapter 18.95 Water-Efficient Landscaping
116
A.7. Rremoving obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. [Source:
18.52.100.A]
B. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components of greater efficiency. [Source: 18.52.100.B] C. Project shall be irrigated so that total annual water applied is less than or equal to the maximum applied water allowance (MAWA), if applicable. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.100.C]
18.95.090 Provisions for Existing Landscaping
This Ssection applies to all landscaped areas that were installed before December 1, 2015. [Source:
18.52.110]
A. Each property owner in the city shall ensure the efficient use of landscape water and may utilize resources and services, such as irrigation surveys and landscape water use analysis, that are offered by the local retail or wholesale water utility. [Source: 18.52.110.A] B. Each property owner in the city is encouraged to prevent water waste resulting from inefficient landscape irrigation by limiting landscape irrigation to the hours between 8:00 p.m. and 10:00 a.m.; and by prohibiting runoff from the target landscape areas due to excessive irrigation run times, low head drainage, overspray, or other similar conditions where water flows onto an adjacent property, sidewalk, roadway, parking lot, or structure. Irrigation water runoff from the owner’s property is prohibited. [Source: 18.52.110.B]
C. The additional standards shall apply to For existing landscapes installed prior to December 1, 2015, and over one acre in size the following shall also apply: [Source: 18.52.110.C]
1. For landscapes that have a water meter, the property owner shall submit to the Ccity (or with agreement with the local water district) irrigation water use analysis/audits to evaluate water use and include recommendations to reduce landscape water use to a level that does not exceed the maximum applied water allowance currently in effect. [Source: 18.52.110.C.1]
2. For landscapes that do not have a water meter, the property owner shall submit to the Ccity (or with agreement with the local water district) irrigation water use analysis/audits to evaluate water use and include recommendations to prevent water waste. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.110.C.2]
18.95.100 Disclosures
A. Model Hhomes. All new model homes for a single-family family residential subdivision or phase of a subdivision shall have front and corner (street) side yards setbacks that are landscaped in accordance with the provisions of this Cchapter. At least one of the model homes shall include interpretive or informational signage highlighting for visitors the water-efficient landscape principles incorporated into the site landscaping. Signage Signs shall include information about the site water use as designed per the city ordinancethis Chapter; specify who designed and installed the water-efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment system.
10.2.f
Packet Pg. 674
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.95 Revised Preliminary Draft – October 2024
117
The developer shall make available to visitors brochures or other written or graphic media that informs visitors and potential buyers about the principles of water-efficient landscapes, including but not limited to those principles that are described in this Cchapter. [Source:
18.52.120.A]
B. Architectural Gguidelines. This Cchapter and the State Water Conservation in Landscaping Act shall preempt any architectural guidelines or covenants, conditions, and restrictions (CC&Rs) of a common interest development which have the effect of prohibiting the use of low water use plants as a group. “Common interest development” includes a homeowner association, community apartment project, condominium, planned development, and stock cooperative. [Source: 18.52.120.B]
C. Providing Iinformation. For a landscape project subject to this chapter under PHMC §§
18.52.030.A through D, the property owner/resident is required to provide the following information to a subsequent site landscape maintenance company, new tenant, or owner at transfer of ownership or maintenance responsibility: [Source: 18.52.120.C]
1. Irrigation controller map; [Source: 18.52.120.C.1]
2. Programming table; and [Source: 18.52.120.C.2]
3. Annual maintenance schedules based on a water budget. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.120.C.3]
18.95.110 Fees
An applicant subject to this Cchapter (under PHMC § 18.52.030) shall pay submittal fees in the amount established by resolution of the Ccity Ccouncil. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source:
18.52.130]
18.95.120 Irrigation Efficiency
For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. (Ord. 900 § 1, 2016) [Source:
18.52.140]
18.95.130 Reporting
The Ccity shall report by January 31st of each calendar year to the Department of Water Resources and shall address the following: [Source: 18.52.150]
A. Note whether a single agency ordinance or a regional agency alliance ordinance was adopted, and the date of adoption or anticipated date of adoption. [Source: 18.52.150.A] B. Define the reporting period (calendar year). [Source: 18.52.150.B] C. Note if using a locally modified water-efficient landscape ordinance (WELO) or the MWELO is being used. If using a locally modified WELO, how is it different than MWELO, is it at least as efficient as MWELO, and note any exemptions specified. [Source: 18.52.150.C, modified] D. Note the entity responsible for implementing the ordinance. [Source: 18.52.150.D] E. Note the number and types of projects subject to the ordinance during the specified reporting period. [Source: 18.52.150.E]
10.2.f
Packet Pg. 675
Chapter 18.95 Water-Efficient Landscaping
118
F. Note the total area (in square feet or acres) subject to the ordinance over the reporting period, if available. [Source: 18.52.150.F]
G. Note the number of new housing starts, new commercial projects, and landscape retrofits during the reporting period. [Source: 18.52.150.G]
H. Describe the procedure for review of projects subject to the ordinance. [Source: 18.52.150.H] I. Identify actions taken to verify compliance. [Source: 18.52.150.I] J. Identify enforcement measures. [Source: 18.52.150.J] K. Explain challenges to implementing and enforcing the ordinance. [Source: 18.52.150.K] L. Note educational and other needs to properly apply the ordinance. (Ord. 900 § 1, 2016) [Source: 18.52.150.L]
10.2.f
Packet Pg. 676
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
119
Chapter 18.100
Wireless Telecommunications
10.2.f
Packet Pg. 677
Chapter 18.100 Wireless Telecommunications
120
Chapter 18.100 Wireless Telecommunications
Sections
18.100.010 Purpose and Applicability
18.100.020 Exemptions
18.100.030 Permits Required
18.100.040 Application Submittal Requirements
18.100.050 Findings
18.100.060 General Development Standards
18.100.070 Nonconforming Provisions
18.100.080 Exceptions
18.100.090 Standard Conditions of Approval
18.100.100 Conditions of Approval for Section 6409(a) Modifications
18.100.110 Timing of Review
18.100.120 Peer Review
18.100.130 Decision
18.100.140 Revocation
18.100.150 Appeal
18.100.010 Purpose and Applicability
A. Purpose. The purpose of this Cchapter is to establish a comprehensive set of zoning requirementsstandards for antennas and wireless telecommunications facilities. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with Ffederal and Sstate rules and regulations. At the same time, tThese regulations are also intend intended to protect neighbors from potential adverse impacts of such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the city has purview, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source:
18.67.010]
B. Applicability. The standards of this Chapter shall apply to any wireless telecommunication facilities, antennas, and structures for which land use approval is required, except for those facilities specified in Section 18.100.020 (Exemptions). [Source: NEW]
10.2.f
Packet Pg. 678
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
121
18.100.020 Exemptions
The requirements of this chapter do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility listed in this Section shall fully comply with all other applicable requirements of the Pleasant Hill Municipal Code to the extent not specially exempted in this sectionSection, including but not limited to the adopted uniform codes, including,: Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code. [Source: 18.67.110] A. The requirements of this Chapter do not apply to antennas or antenna structures established in this Ssection, unless otherwise noted in this Chapter.
A.B. Over-the-Aair -Rreception -Ddevices (OTARD) Aantennas. [Source: 18.67.110.A]
1. Satellite Ddishes 39.37 Iinches (one meter) or Lless. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement) and are either: [Source: 18.67.110.A.1] a. (a) Iintended for the sole use of a person occupying the same parcel lot to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite; or [Source:
18.67.110.A.1]
2.b. Aa hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and . [Source:
18.67.110.A.1]
2. Non-Ssatellite Ddishes 39.37 Iinches (one meter) or Lless. A Non-satellite dish antennas measuring 39.37 inchesone meter or less in diameter or diagonal measurement and are either: [Source: 18.67.110.A.2]
a. iIntended for the sole use of a person occupying the same parcel lot to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or [Source: 18.67.110.A.2]
3.b. a A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services. [Source:
18.67.110.A.2]
3. Television Bbroadcast Ssystem (TVBS) Aantennas., TVBS antennas providedare exempt provided that all the following are true: [Source: 18.67.110.A.3] a. tThe antenna is located entirely on and/or above the subject property;, and [Source: 18.67.110.A.3]
4.b. nNo portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot, or adjacent to a street. [Source:
18.67.110.A.3]
10.2.f
Packet Pg. 679
Chapter 18.100 Wireless Telecommunications
122
C. Satellite Eearth Sstation (SES) Aantennas. Satellite earth station (SES) SES antennas measuring two meters or less in diameter (or diagonal measurement) located on a property within any commercial or industrial zoning district that comply with all the following provisions.
SES antennas are not exempt from obtaining a Building Permit and Zoning Permit for review of placement to ensure that maximum safety is maintained. [Source: 18.67.110.B]
1. tThe antenna is located entirely on and/or above the subject property; and [Source:
18.67.110.B]
2. nNo portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. [Source: 18.67.110.B] B. All SES antennas require a building permit and zoning permit for review of placement to ensure that maximum safety is maintained. [Source: 18.67.110.B] C.D. Amateur Rradio Aantennas. Antennas and antenna structures constructed by or for FCClicensed amateur radio operators that comply with all of the following provisions. Such an antenna or antenna structure requires is not exempt from obtaining a Bbuilding Ppermit and Zzoning Ppermit for review of placement to ensure that maximum safety is maintained.:
[Source: 18.67.110.C]
1. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width; [Source: 18.67.110.C.1]
2. The antenna boom measures 20 feet or less in length and is three inches or less in diameter; [Source: 18.67.110.C.2]
3. No antenna element exceeds 32 feet in length or two inches in diameter or width, with the exception ofexcept for mid-element tuning devices which shall not exceed six inches in diameter or width; and [Source: 18.67.110.C.3]
4. The turning radius of any antenna does not exceed 26 feet.; and [Source:
18.67.110.C.4]
D. All antennas and antenna structures shall comply with PHMC § 18.67.150Section 18.100.060 (General Development Standards), and other applicable provisions of the municipal code. [Source: 18.67.110.C.5]
5. E. Public Ssafety Ffacilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used and maintained by the Ccity, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use. [Source: 18.67.110.D] F. Temporary Mmobile Ffacilities. Mobile facilities placed on a site for less than seven consecutive calendar days, provided any other necessary permits are obtained. [Source: 18.67.110.E] G. Collocation Ffacilities. A proposed collocation facility that meets all of the requirements of California Government Code Ssection 65850.6. [Source: 18.67.110.F]
10.2.f
Packet Pg. 680
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
123
H. Emergency Ffacilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the Ppolice Cchief or Ccity Mmanager, so long as the facility is removed at the conclusion of the emergency. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.110.G]
18.100.030 Permits Required
A person who proposes to install or operate a wireless telecommunications facility shall first obtain approval, as set forth in subsection A of this section (if the facility would be located in public right-ofway) or as set forth in subsection B of this section (if the facility would be located on private or public property), unless the facility is exempt under PHMC § 18.67.110 (Exemptions)Telecommunication facilities, antennas, and structures shall obtain the following applicable permits unless exempt under Section 18.100.020 (Exemptions). [Source: 18.67.120]
A. If the facility, antenna, or structure will be located in the public right-of-wayPublic right-of-way, the following permits are required. [Source: 18.67.120.A]
1. Encroachment Ppermit.
a. An Eencroachment Ppermit shall be required for any facility located within the public right-of-way other than a qualifying Federal Communications Commission (FCC) Section 6409(a) Mmodification. Applications for facilities within the public right-of-way are subject to review and approval by the Ccity Eengineer. Approval of an Eencroachment Ppermit for a facility shall only be granted by the city engineerapproved if the facility is in substantial conformance with the applicable general development standards in PHMC §
18.67.150 Section 18.100.060 (General Development Standards) and the “Guidelines for Wireless Communications Facilities” within the public right-ofway. Exceptions or deviations from the guidelines may be granted at the discretion of the Ccity Eengineer if the applicant demonstrates that the findings for approval of an exception/deviation as established in (PHMC § Section
18.67.160) 18.100.080 (Exceptions) have been are satisfied. The processing of an encroachment permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for city staff time processing the permit. [Source: 18.67.120.A.1 and 18.67.120.A.4]
b. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property for the purposes of constructing a wireless telecommunications facility. [Source: 18.67.120.A.6]
1. 2. Zoning Ppermit. A Zzoning Ppermit shall be required for any Section 6409(a) modification. Applications for Zzoning Ppermits for a Section 6409(a) modification within the public right-of-way are subject to review and approval by the Ccity Eengineer. [Source: 18.67.120.A.2]
3. License. A license entered into with the Ccity shall be required for use of any Ccityowned property within the public right-of-way. [Source: 18.67.120.A.3]
10.2.f
Packet Pg. 681
Chapter 18.100 Wireless Telecommunications
124
4. Cost recovery. The processing of an encroachment permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for city staff time processing the permit. [Source: 18.67.120.A.4]
5.4. Building Ppermit. A Bbuilding Ppermit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted. [Source: 18.67.120.A.5]
6. Encroachment Permit for Construction. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property. [Source: 18.67.120.A.6]
B. Private Pproperty and Ppublic Pproperty (excluding public right-of-way). [Source: 18.67.120.B]
1. Architectural Rreview Ppermit. An Aarchitectural Rreview Ppermit under PHMC Chapter 18.115 is required for the following facilities: [Source: 18.67.120.B.1] a. A monopole or any other antenna structure constructed by or for an FCClicensed amateur radio operator which, when fully extended, is between 35 and 60 feet in height, and/or has a turning radius exceeding 26 feet (when the antennas are rotated). [Source: 18.67.120.B.1.a]
b. A wireless telecommunications facility other than a Section 6409(a) modification, or an application for a small wireless facility collocation. [Source:
18.67.120.B.1.b]
2. Minor Uuse Ppermit. A Mminor Uuse Ppermit shall be required for any wireless telecommunications facility that is a small wireless facility involving a new or replacement structure or that involves the collocation of a personal wireless services facility that is not a Section 6409(a) modification. The Zzoning Aadministrator or designee shall administratively review, process, conditionally approve or deny an application for a Mminor Uuse Ppermit in accordance with the procedures set forthestablished in PHMC Chapter 18.9518.___145 (Use Permit). No public hearing shall be required for a minor use permit required by this chapter. [Source:
18.67.120.B.2]
3. Zoning Ppermit. A Zzoning Ppermit shall be required for any Section 6409(a) modification. No Aarchitectural Rreview Ppermit shall be required for a Section 6409(a) modification. [Source: 18.67.120.B.3]
4. Use Ppermit. A Uuse Ppermit issued in accordance with the procedures set forth in PHMC Chapter 18.95 is required for the installation of: [Source: 18.67.120.B.4] a. An amateur radio antenna that does not meet the standards of PHMC §
18.67.110.C or whichis not exempt under this Chapter, when fully extended, exceeds 60 feet in height. [Source: 18.67.120.B.4.a]
b. Any wireless telecommunications facility, monopole, or any other antenna structure constructed by or for a personal wireless services provider, not otherwise covered by subsection A or B.2 or B.3 of this sectionin this Section. [Source: 18.67.120.B.4.b]
10.2.f
Packet Pg. 682
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
125
5. Building Ppermit. A Bbuilding Ppermit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted. [Source: 18.67.120.B.5]
6. Encroachment Ppermit. An Eencroachment Ppermit shall be required for accessing, working, or staging within the public right-of-way or on Ccity-owned public property. [Source: 18.67.120.B.6]
7. License/Llease. A lease or license entered into with the city shall be required for any facility located within or upon Ccity-owned public property. [Source: 18.67.120.B.7] C. Temporary Uuse Ppermit. A Ttemporary Uuse Ppermit issued in accordance with the procedures set forth in PHMC Chapter 18.100 is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code Ssection 8558 requiring additional service capabilities for a period not to exceed 90 consecutive calendar days. (Ord. 966 § 3, 2023; Ord. 928 § 11, 2019; Ord. 910 § 5, 2017) [Source: 18.67.120.C]
18.100.040 Application Submittal Requirements
An applicant seeking approval for a wireless telecommunications facility or a modification to a preexisting wireless telecommunications facility pursuant to in accordance with this Cchapter shall complete and submit an application to the Pplanning Ddivision for review and processing, upon the approved formm published by the city planner, which may be updated from time to time. (Ord. 966 § 3, 2023; Ord. 934 § 9, 2019; Ord. 910 § 5, 2017) [Source: 18.67.130]
18.100.050 Findings
In addition to the required findings for the applicable permit under Part 4 (Permit and Entitlement Processing Procedures), tThe hearing body or individual consideringreview authority responsible for reviewing an entitlement permit in accordance with this Chapter a zoning permit, an architectural review permit, a use permit, or a minor use permit may approve the permit only upon making one of the following findings:, in addition to the findings which may be otherwise required for the particular permit, that
A. Any and all each applicable requirements in this Cchapter has have been satisfied;, or B. Tto the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested an exception pursuant toin accordance with PHMC § 18.67.160 Chapter 18.100.080 (Exceptions) and the findings for granting an exception can be made. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.140]
18.100.060 General Development Standards
A. General Ddevelopment Sstandards. Each wireless telecommunications facility located on private property shall be designed, installed, and operated in compliance with these development standards, unless specifically stated otherwise in this Ssection.
10.2.f
Packet Pg. 683
Chapter 18.100 Wireless Telecommunications
126
A.1. Limited Requirements. Wireless telecommunication facilities approved under a Zzoning Ppermit for a Section 6409(a) modification or an Encroachment Permit for facilities in a public right-of-way shall only be required to comply with the development standards in Paragraphs subsections A.1.b 1.b, 2.h, 3, 6, 9, and 10 of this sectionSubsection. Wireless telecommunication facilities located in the public right-ofway and approved under an encroachment permit by the city engineer shall only be required to comply with the development standards in subsections A.1.b, 2.h, 3, 6, 9, and 10 of this section in addition to the requirements of PHMC § 18.67.120.A. [Source:
18.67.150.A]
1.2. Location Rrequirements. [Source: 18.67.150.A.1]
a. Zoning Ddistricts. See Schedules 18.20.020 and 18.25.020. NotNo more than one monopole or any other antenna structure is permitted on any parcel lot in a residential zoning district. A wireless telecommunications facility may also be located inbe allowed in the Downtown Specific Plan area and the Contra Costa Center Specific Plan area and other future specific plan areas if listed as an allowed use within the approved specific plan. [Source: 18.67.150.A.1.a] b. Airport Ssafety Zzones. A wireless telecommunications facility shall not be installed within Airport Ssafety Zzones 2, 3, or 4 for Buchanan Field, as identified in the General Plan, or for any other airport or heliport, unless the Aairport Ooperator and the Airport Land Use Commission indicate in writing that the facility would not adversely impact airport operations (the safety zones for Buchanan Field are identified in the Pleasant Hill general plan). [Source:
18.67.150.A.1.b]
c. Collocation. Facilities owned by multiple wireless telecommunications providers shall be collocated on a single tower, monopole or building to the extent technically feasible and aesthetically desirable to minimize proliferation and visual impacts of new facilities. [Source: 18.67.150.A.1.c] d. Visibility from Ppublic Pplaces.
d.i. A wireless telecommunications facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to blend inbe effectively unnoticeable within the existing natural and/or manmade environment in such a manner as to be effectively unnoticeable. [Source:
18.67.150.A.1.d]
ii. The smallest and least visible antennas asantennas possible should be installed which will reasonably accommodate the operator’s communication needs. [Source: 18.67.150.A.1.d]
iii. The Ccity shall retain the authority to limit the number of antennas and related equipment at any site in order toto minimize potential visual impacts. [Source: 18.67.150.A.1.d]
10.2.f
Packet Pg. 684
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
127
e. Setbacks. A wireless telecommunications facility and any related groundmounted equipment shall not be located in the front or street side yard setback of any parcellot, or within 200 feet of a parcel lot having with a residential use.
The 200-foot linear measurement shall be taken from the base of any antenna structure, any structure that is supporting antennas, and/or any groundmounted support equipment to the nearest property line of the residential use. [Source: 18.67.150.A.1.e]
2.3. Screening and Ddesign Rrequirements. [Source: 18.67.150.A.2] a. Antennas. Antennas, antenna structures, and related equipment shall incorporate architectural, landscape, color, and/or other treatments to minimize potential visual impacts. [Source: 18.67.150.A.2.a] b. Natural Aappearance. Ground-mounted facilities shall be screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views. [Source: 18.67.150.A.2.b]
c. Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and nonreflective material. [Source: 18.67.150.A.2.c] d. Blending with Aarchitecture. Building-mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. This shall include use of complementary materials and complementary colored paint. Screening may include locating the facility or equipment within attics, steeples, cupolas, and towers or within a new architectural addition to a building or structure which is architecturally compatible with the building. Applicants are also encouraged to design wireless telecommunications facilities to serve as public art, particularly those in commercial, office, or retail zoning districts. [Source: 18.67.150.A.2.d] e. Specific Pplan Aareas. Within any specific plan area, all wireless telecommunications facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside of attic spaces, steeples, cupolas, towers, below parapets, or concealed in architectural features. [Source: 18.67.150.A.2.e]
f. Exterior Llighting. Exterior lighting is limited to: [Source: 18.67.150.A.2.f] i. One exterior light with a maximum wattage of 100 watts over a door to equipment sheds. Light fixtures shall be equipped with cutoff lenses to minimize spill-over of light to adjacent properties; and [Source:
18.67.150.A.2.f.i]
ii. Other lights required by the Federal Aviation Administration (FAA) for communications facilities within Airport Safety Zones 2, 3 and 4. [Source: 18.67.150.A.2.f.ii]
10.2.f
Packet Pg. 685
Chapter 18.100 Wireless Telecommunications
128
g. Standards for wallWall- and Bbuilding-Mmounted Facility Dimension Standardsfacilities. [Source: 18.67.150.A.2.g]
i. Roof-Mmounted Aantennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna. [Source: 18.67.150.A.2.g.i]
ii. Wall-Mmounted Aantennas. Wall-mounted antennas shall be architecturally integrated into the building design. Wall-mounted antennas shall not exceed a total of 50 square feet per building face. [Source: 18.67.150.A.2.g.ii]
h. Unauthorized Aaccess. All facilities shall be designed so as toto be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances. [Source: 18.67.150.A.2.h]
3.4. Noise Sstandards. Each facility shall be operated in such a manner so as toto minimize any noise impacts. The maximum noise generation limit for communications facilities and transmission equipment is 50 decibels (measured on the CNEL scale) measured 10 feet from any noise-generating use on the site. Final building plans for new and remodeled facilities shall include a letter from a qualified acoustical engineer certifying that building plans comply with this standard. [Source: 18.67.150.A.3]
4.5. Height. A wireless telecommunications facility, whether building- or ground-mounted, shall be no taller than 12 feet above the maximum allowed height limit of the main building in the zoning district in which the facility is located. [Source: 18.67.150.A.4]
5.6. Undergrounding. Extensions of electrical and telecommunications land lineslandlines to serve wireless telecommunications facilities shall be undergrounded. [Source:
18.67.150.A.5]
6.7. Signs. Wireless telecommunications facilities shall include the installation of allweather emergency information signs on- site in a reasonably visible location. Each sign shall indicate, at minimum, the site address and a 24-hour emergency contact phone number. [Source: 18.67.150.A.6]
7.8. Service Rroads. Existing roads and easements shall be used to the extent feasible.
New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the Ccity or the Contra Costa Fire Protection District. [Source:
18.67.150.A.7]
8.9. Landscaping and Ttree Ppreservation. [Source: 18.67.150.A.8] a. Landscape Pplan. Any existing trees or significant vegetation shall be retained as part of an approved landscape plan for the project. [Source:
18.67.150.A.8.a]
b. Protection. Prior toBefore commencement of work, existing trees in the vicinity of the facility and along any access roads and trenching areas shall be protected from damage with temporary construction fencing or other methods
10.2.f
Packet Pg. 686
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
129
approved by the Zzoning Aadministrator. Grading, cutting or filling is prohibited in the dripline of any tree required to be preserved. Underground lines shall be located so as toto minimize damage to tree roots. [Source: 18.67.150.A.8.b] c. Restoration. All areas disturbed during project construction shall be revegetated with similar plant material before issuance of a certificate of occupancy. [Source: 18.67.150.A.8.c]
9.10. Compliance with Llaws. All wireless telecommunications facilities shall comply with the applicable provisions of this section and this chapter Chapter as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code, and rules and regulations imposed by Sstate and Ffederal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission,FCC, California Public Utilities Commission (CPUC), and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 calendar days of the effective date of such standards, unless otherwise mandated by the the Ffederal or Sstate agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the Zzoning Aadministrator or other applicable Ccity decision-making body. Failure to comply with adopted new Sstate or Ffederal requirements shall be grounds for permit revocation in accordance with Section
18.100.150 (Revocation). [Source: 18.67.150.A.9]
11. Public Hhealth. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, [Source: 18.67.150.A.10, modified] a. Nno facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the Ccity, Ccounty, Sstate, or Ffederal government. [Source: 18.67.150.A.10]
10.b. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section Chapter shall be grounds for the Ccity to immediately terminate any permit granted hereunderunder this Chapter, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city. [Source: 18.67.150.A.10]
11.12. Performance Bbond. Prior toBefore a Building Permit or Electrical Permit is issued issuance of a building or electrical permit, the permittee applicant shall file with the Ccity, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security approved in advance by the Ccity for the removal of the facility in the event that the use is abandoned or the permit is revoked, terminated, or expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100 percent% of the cost of physically removing
10.2.f
Packet Pg. 687
Chapter 18.100 Wireless Telecommunications
130
the wireless telecommunications facility and restoring the site to the condition as it existed prior tobefore the original deployment of the facility and all related facilities and equipment on the site, The amount shall be based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the Ccity for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the Ccity Ccouncil. Reimbursement shall be paid when the security is posted and during each administrative review. [Source: 18.67.150.A.11] B. Special Pprovisions for Aamateur Rradio Aantennas and Aantenna Sstructures. In addition to the general development standards in this sectionSection, amateur radio antennas and antenna structures shall comply with the following standards: [Source: 18.67.150.B]
1. Height. Tbe the minimum height and size necessary to reasonably accommodate the operator’s communication needs, in accordance with FCC regulations as set forth established in FCC Order “PRB-1.” [Source: 18.67.150.B] B.2. Retractable monopoles may be required for antenna structures over 35 feet in height which are in or within 200 feet of a parcel lot having with a residential use. The Ccity may require that, at times when not in operation, the monopole be retracted to the lowest elevation possible in order to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping, and/or any other site improvements. (Ord. 966 § 3, 2023; Ord. 928 § 12, 2019; Ord. 910 § 5, 2017) [Source:
18.67.150.B]
18.100.070 Wireless Telecommunication Facility – Nonconforming Provisions Any wireless telecommunications facilitiesy existing before the effective date of Ordinance 910 codified in this sectionApril 19, 2017 which isthat are nonconforming to the provisions of this section Chapter may continue to be used. Such a facility may be operated, repaired, and maintained but shall not be enlarged, expanded, relocated or modified to in a way that increases the discrepancy between the existing conditions and the requirements of this sectionnonconformance with this Chapter, unless otherwise permitted allowed by Ffederal law. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017. Formerly
18.67.380) [Source: 18.67.350]
18.100.080 Exceptions
A. The Ccity Eengineer, Zzoning Aadministrator, and/or the hearing bodyor other review authority considering the permit application may grant exceptions to the design and location standards for wireless communications facilities subject to this Cchapter, if it is determined that the applicant has established that the denial of an application or strict adherence to the location and design standards would: [Source: 18.67.160.A]
1. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of Ffederal law; or [Source: 18.67.160.A.1]
2. Otherwise violate applicable laws or regulations; or [Source: 18.67.160.A.2]
3. Require a technically infeasible location, design, or installation of a wireless facility; [Source: 18.67.160.A.3]
10.2.f
Packet Pg. 688
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
131
4. Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits. [Source: 18.67.160.A.4]
B. If the applicant requests an exception and the city engineer, zoning administrator and/or the hearing body review authority considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design, or installation, or minor noncompliancenonconformance. (Ord. 966 § 3, 2023; Ord. 928 § 13, 2019; Ord. 910 § 5, 2017) [Source: 18.67.160.B]
18.100.090 Standard Conditions of Approval
All permits issued in accordance with thisunder this Cchapter, whether approved by the city engineer, zoning administrator and/or the hearing body considering the application or deemed approved by the operation of law, shall be automatically subject to the conditionscomply with the conditions of approval established in this Ssection. The Ccity Eengineer, Zzoning Aadministrator, and/or or other the hearing body review authority considering the permit application under this Chapter shall have discretion to modify, supplement, waive, or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals purpose of this Cchapter. [Source:
18.67.170]
A. Permit Tterm. Any permit for a wireless communications facility issued in accordance with this chapter will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the permit issuance date, except when California Government Code Ssection 65964(b), as may be amended, authorizes the Ccity to issue a permit with a shorter term. [Source: 18.67.170.A] B. Code Ccompliance. The permittee shall at all times maintain compliance with all applicable Ffederal, Sstate, and local laws, regulations and other rules and regulations. [Source:
18.67.170.B]
C. Inspections – Emergencies. The Ccity or its designee may enter onto shall be allowed into the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The Ccity reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. [Source:
18.67.170.C]
D. Contact Iinformation for Rresponsible Pparties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one natural contact person. All such contact information for responsible parties shall be provided to the Zzoning Aadministrator upon permittee’s receipt of the Zzoning Aadministrator’s written request, except in an emergency determined by the Ccity when all such contact information for responsible parties shall be immediately provided to the Zzoning Aadministrator upon that person’s verbal request. [Source: 18.67.170.D]
E. Indemnities.
10.2.f
Packet Pg. 689
Chapter 18.100 Wireless Telecommunications
132
1. The permittee and, if applicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify, and hold harmless the Ccity of Pleasant Hill, its agents, officers, officials, and employees from: [Source: 18.67.170.E] a. aAny and all damages, liabilities, injuries, losses, costs and expenses, and from any and all claims, demands, law suitslawsuits, writs of mandamus, and other actions or proceedings brought against the Ccity or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void, or annul the Ccity’s approval of the permit;, and [Source: 18.67.170.E] b. aAny and all damages, liabilities, injuries, losses, costs and expenses, and any and all claims, demands, law suits or causes of action, and other actions or proceedings of any kind or form, whether for personal injury, death, or property damage, arising out of or in connection with the activities or performance of the permittee or , if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors. [Source: 18.67.170.E]
2. Further, pPermittees shall be strictly liable for interference caused by their facilities with the Ccity’s communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the Ccity attributable to the interference. [Source: 18.67.170.E]
E.3. In the event the Ccity becomes aware of any such actions or claims, as mentioned in this Subsection, the Ccity shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the Ccity shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the Ccity’s defense, and the property owner and/or permittee (as applicable) shall reimburse Ccity for any costs and expenses directly and necessarily incurred by the Ccity in the course of the defense. [Source: 18.67.170.E]
F. Adverse Iimpacts on Aadjacent Pproperties. The pPermittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements. [Source: 18.67.170.F] G. General Mmaintenance. The site and the facility, including but not limited to all landscaping, fencing, and related transmission equipment, mustshall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. [Source:
18.67.170.G, modified]
H. Graffiti Rremoval. All graffiti on facilities mustshall be removed at the sole expense of the permittee within 48 hours after notification from the Ccity. [Source: 18.67.170.H] I. RF Eexposure Ccompliance. All facilities mustshall comply with all standards and regulations of the FCC and any other Sstate or Ffederal government agency with the authority to regulate
10.2.f
Packet Pg. 690
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
133
RF exposure standards. After transmitter and antenna system optimization, but prior tobefore unattended operations of the wireless telecommunications facility, permittee or its representative mustshall provide the Ccity documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer. [Source: 18.67.170.I] J. Build-Oout Pperiod. This permit shall lapse one year12 months after its date of approval unless one of the following has occurred: [Source: 18.67.170.J]
1. A Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.67.170.J.1]
2. A certificate of occupancy has been issued; or [Source: 18.67.170.J.2]
3. The facility is constructed or modified as approved and in operation; or [Source:
18.67.170.J.3]
4. The build-out period is extended by the reviewcity authority which originally approved the permit. [Source: 18.67.170.J.4]
K. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source: 18.67.170.K] L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that tTesting is prohibited on Saturdays, Sundays, and Ffederally recognized holidays that fall on a weekday.
In addition, testing is prohibited on weekend days. [Source: 18.67.170.L] M. Utilities Uundergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground. [Source: 18.67.170.M] N. Encroachment. Permittee mustshall obtain an Eencroachment Ppermit for any work, staging, operations, or construction access in the public right-of-way or on Ccity-owned public property.
The permit shall require the applicant to comply with, but not be limited to, the following requirements: [Source: 18.67.170.N]
1. Hours of work operation within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. on weekdays only. [Source: 18.67.170.N.1]
2. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project. [Source: 18.67.170.N.2]
3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles. [Source: 18.67.170.N.3]
4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way. [Source: 18.67.170.N.4]
5. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan. [Source: 18.67.170.N.5]
6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays. [Source: 18.67.170.N.6]
10.2.f
Packet Pg. 691
Chapter 18.100 Wireless Telecommunications
134
7. The contractor shall obtain approval in writing from the City Eengineer prior tobefore commencing work in the public right-of-way on weekends or holidays. [Source:
18.67.170.N.7]
8. The contractor shall be responsible for repairing any damage to Ccity property and to restore Ccity property to any applicable Ccity standards. [Source: 18.67.170.N.8]
9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable. [Source: 18.67.170.N.9]
O. Other Aapprovals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with Ffederal, Sstate, and local laws, rules, and regulations. [Source: 18.67.170.O] P. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Cchapter. [Source: 18.67.170.P] Q. Performance and Mmaintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the Ccity or after discovery by the permittee. [Source: 18.67.170.Q] R. Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless telecommunications facility and all related facilities and equipment on the site, based on the higher of two contractors’ quotes for removal that are provided by the permittee.
The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.Performance Bond. Before a Building Permit or Electrical Permit is issued, the applicant shall file with the City and shall maintain in good standing throughout the term of the approval, a performance bond or another form of security approved in advance by the City for the removal of the facility in the event that the use is abandoned or the permit is revoked, terminated, or expires. The security shall be in the amount equal to 100 percent of the cost of physically removing the wireless telecommunications facility and restoring the lot to the condition as it existed before the original deployment of the facility and all related facilities and equipment on the lot. The amount shall be based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review. [Source:
18.67.170.R]
10.2.f
Packet Pg. 692
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
135
S. Conflicts with Iimprovements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at its their own expense and without expense to the city, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the Ccity by reason of any change of grade, alignment, or width of any public right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way. [Source: 18.67.170.S] T. City Aaccess. The Ccity reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the Ccity reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The Ccity shall make an effort to contact the permittee, prior tobefore disabling or removing wireless telecommunications facility elements. [Source:
18.67.170.T]
U. Encourage cCollocation. Where the wireless telecommunications facility site is capable of accommodatingcan accommodate a collocation upon the same site, the owner and operator of the facility shall allow another carrier to collocate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions. [Source:
18.67.170.U]
V. Interference. To the extent allowed under applicable Ffederal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a Ffederal agency with jurisdiction over such matters finds that a facility is operating in violation of Ffederal standards, the permittee shall promptly provide the Zzoning Aadministrator, or Ccity Eengineer as applicable, with a copy of any notice of such violation issued by any Ffederal agency and shall notify the Zzoning Aadministrator or City Eengineer as applicable once the facility comes back into compliance with applicable standards. [Source: 18.67.170.V] W. Discontinuance of Uuse. Antennas, support structures, and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless telecommunications facility operating under a Uuse Ppermit that has expired and the site shall be restored to its previous condition. The service provider shall provide the Planning Divisionpublic works and planning development department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on Ccity property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures, and related equipment within 90 calendar days of the discontinuation of the use. [Source: 18.67.170.W] X. Compliance Vverification. No later than one year12 months after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, Sstate, and Ffederal regulations. In addition, a report shall also be submitted by an
10.2.f
Packet Pg. 693
Chapter 18.100 Wireless Telecommunications
136
appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the Zzoning Aadministrator or Ccity Eengineer as applicable within five working days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the Ccity to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this Cchapter. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.170.X]
18.100.100 Modifications Conditions of Approval for Section 6409(a) Modifications to Approval
A. Required Ffindings. The Zzoning Aadministrator for private and public property and the Ccity Eengineer for facilities in the public right-of-way shall issue a Zzoning Ppermit for a Section 6409(a) modification only upon finding that the proposed Section 6409(a) modification:
[Source: 18.67.210]
1. Meets each and every one of theall applicable criteria for an eligible facilities request stated in 47 C.F.R. §§ 1.6100(b)(3) through (9), or any successor provisions, after application of the definitions in 47 C.F.R. § 1.6100(b). The DirectorZoning AdminstratorAdministrator or City Engineer, or their designee, shall make an express finding for each criterion; [Source: 18.67.210.A]
2. Complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. §§ 1.6100(b)(7)(i) through (iv), or any successor provisions; and [Source: 18.67.210.B]
3. Will comply with all generally applicable laws. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.210.C]
B. Effect on Eexisting Uuse Ppermit. Notwithstanding any other requirement of the Pleasant Hill Municipal Code, the Zzoning Aadministrator for private and public property and the Ccity Eengineer for facilities in the public right-of-way shall be authorized to issue a Zzoning Ppermit for a Section 6409(a) modification, even if issuance of such a permit would have the effect of amending an existing Uuse Ppermit. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source:
18.67.220]
C. Conditions of Aapproval for Section 6409(a) Mmodifications. Zoning Ppermits for Section 6409(a) modifications are subject to the following conditions, unless modified by the Zzoning Aadministrator for private and public property and the Ccity Eengineer for facilities in the public right-of-way: [Source: 18.67.230]
1. No Ppermit Tterm Eextension. The Ccity’s grant or grant by operation of law of a Zzoning Ppermit for a Section 6409(a) modification constitutes a Ffederally mandated modification to the underlying permit or approval for the subject tower or base station.
The Ccity’s grant or grant by operation of law of a Zzoning Ppermit for a Section 6409(a) modification will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. [Source: 18.67.230.A]
10.2.f
Packet Pg. 694
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
137
2. No Wwaiver of Sstanding. The Ccity’s grant or grant by operation of law of a Section 6409(a) modification does not waive, and shall not be construed to waive, any standing by the Ccity to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification. [Source: 18.67.230.B]
3. Permit Ssubject to Cconditions of Uunderlying Ppermit. Zoning Ppermits for Section 6409(a) modifications shall be subject to the terms and conditions of the underlying permit for the existing tower or base station. [Source: 18.67.230.C]
4. Code Ccompliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules. [Source:
18.67.230.D]
5. Inspections – Eemergencies. The Ccity or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The Ccity reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. [Source: 18.67.230.E]
6. Contact Iinformation for Rresponsible Pparties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the zZoning Aadministrator for private and public property and the Ccity Eengineer for facilities in the public right-of-way upon permittee’s receipt of the Zzoning Aadministrator’s or Ccity Eengineer’s written request, except in an emergency determined by the Ccity when all such contact information for responsible parties shall be immediately provided to the Z zoning Aadministrator or Ccity Eengineer, as applicable, upon that person’s verbal request. [Source: 18.67.230.F]
7. RF Eexposure Ccompliance. All facilities mustshall comply with all standards and regulations of the FCC and any other Sstate or Ffederal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior tobefore unattended operations of the wireless telecommunications facility, permittee or its representative mustshall provide the Zzoning Aadministrator or Ccity Eengineer, as applicable, documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer. [Source: 18.67.230.G]
8. Build-Oout Pperiod. This permit shall lapse one year12 months after its date of approval unless one of the following has occurred: [Source: 18.67.230.H] a. A Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.67.230.H.1] b. A certificate of occupancy has been issued; or [Source: 18.67.230.H.2] c. The facility is constructed or modified as approved and in operation; or [Source: 18.67.230.H.3]
10.2.f
Packet Pg. 695
Chapter 18.100 Wireless Telecommunications
138
d. The build-out period is extended by the city authority which originally approved the permit. [Source: 18.67.230.H.4]
9. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source:
18.67.230.I]
10. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days. [Source: 18.67.230.J]
11. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be undergrounded where existing land lines serving the facility are underground. [Source: 18.67.230.K]
12. Encroachment. Permittee mustshall obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on city-owned public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements: [Source: 18.67.230.L]
a. Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays. [Source: 18.67.230.L.1] b. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project. [Source: 18.67.230.L.2] c. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles. [Source:
18.67.230.L.3]
d. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way. [Source: 18.67.230.L.4] e. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan. [Source: 18.67.230.L.5] f. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays. [Source: 18.67.230.L.6] g. The contractor shall obtain approval in writing from the Ccity Eengineer prior tobefore commencing work in the public right-of-way on weekends or holidays. [Source: 18.67.230.L.7]
h. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards. [Source: 18.67.230.L.8] i. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable. [Source: 18.67.230.L.9]
10.2.f
Packet Pg. 696
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
139
13. Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations. [Source: 18.67.230.M]
14. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.230.N]
D. Effect of Rrepeal of Section 6409(a). The city council has adopted this article to comply with P.L. 112-96, Section 6409. This article Section shall become null and void if P.L. 112-96, Section 6409, is rescinded. In such event, any application that would have been subject to this Article III shall instead be subject to the requirements of Article II. . (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.240]
18.100.110 Timing of Review
The Ccity shall strive to advise the applicant if an application is incomplete in accordance with applicable Sstate and Ffederal timelines for action. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source:
18.67.310]
18.100.120 Peer Review
In addition, the city engineer, zoning administrator and/or the hearing body The review authority considering the relevant permit issued pursuant toin compliance with this Cchapter may require the application, proposed findings, and conditions of approval to be reviewed by an independent third-party peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant. (Ord. 966 § 3, 2023; Ord. 928 § 14, 2019; Ord. 910 § 5, 2017) [Source: 18.67.320]
18.100.130 Decision
A. Basis. The review authority decisions shall be in writingshall provide the applicant with written notice of its decision. A denial of an application under this Chapter must shall be supported by substantial evidence and comply with the following: [Source: 18.67.330.A]
1. Cannot be based on the environmental effects of radio frequency (RF) emissions if the facility complies with the FCC’s RF regulations; and [Source: 18.67.330.A.1]
2. Cannot violate Sstate or Ffederal law. [Source: 18.67.330.A.2]
3. The denial of a Zoning Permit application for a Section 6409(a) modification shall be made without prejudice. [Source: 18.67.330.C]
2. B. Timing of Ddecision. The Ccity shall strive to make its final decision on a complete wireless telecommunications facility application and issue all required ancillary permits within the applicable Sstate and Ffederal timelines for action. [Source: 18.67.330.B] C. Denial without prejudice. The denial of a zoning permit application for a Section 6409(a) modification shall be without prejudice. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source:
18.67.330.C]
D. Denial of an Incomplete Application
10.2.f
Packet Pg. 697
Chapter 18.100 Wireless Telecommunications
140
C.
1. To promote efficient review and timely decisions, any application governed under this Cchapter regardless of type may be denied without prejudice by the Ccity Eengineer or Zzoning Aadministrator when the applicant fails to tender a substantive response to the Ccity within 120 calendar days after the Ccity Eengineer or Zzoning Aadministrator deems the application incomplete in a written notice to the applicant.
2. The Ccity Eengineer or Zzoning Aadministrator, in his or her discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior tobefore the one hundred twentieth120 day period that shows good cause to grant the extension. Good cause for an extension shall include, without limitationbut is not limited to, delays due to circumstances outside the applicant’s reasonable control. (Ord. 966 § 3, 2023) [Source: 18.67.340]
18.100.140 Revocation
A. General Requirement. Permittees shall fully comply with all conditions related to any permit or approval granted under this article Chapteror any predecessors to this article. Failure to comply with any condition of approval or maintenance of the facility in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safetyapplicable standard of this Chapter shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the Ccity may schedule a public hearing before the Pplanning Ccommission to consider revocation of the permit. The Pplanning Ccommission revocation action may be appealed to the Ccity Ccouncil pursuant in accordance with to PHMC Chapter 18.13018.175 (Appeals and Calls for Review). [Source: 18.67.360.A]
B. Removal, Repair, and Restoration. If the permit is revoked pursuant toin compliance this Ssection, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed prior tobefore the facility’s installation or as required by the Ccity within 90 calendar days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the facility’s removal and site restoration. [Source: 18.67.360.B] C. Storage. At any time after 90 days following permit revocation, the city may require the facility to be removed and restoration of the premises as the city deems appropriate. The Ccity may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The Ccity may, in lieu of storing the removed facility, convert it to the Ccity’s use, sell it, or dispose of it in any manner deemed appropriate by the Ccity. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017.
Formerly 18.67.390) [Source: 18.67.360.C]
18.100.150 Appeal
A. A decision of the Zzoning Aadministrator or Pplanning Ccommission on a Uuse Ppermit or Mminor Uuse Ppermit, as applicable, may be appealed to the Ccity Ccouncil in accordance compliance with the appeal procedures of PHMC Chapter 18.13018.75 (Appeals and Calls for Review).
10.2.f
Packet Pg. 698
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.100 Revised Preliminary Draft – October 2024
141
B. A decision of the Ccity Eengineer concerning an Eencroachment Ppermit for a wireless telecommunications facility may be appealed per PHMC in accordance with Chapter 1.10 (Appeals), subject to the following modifications:
1. Tthe time for filing a notice of appeal is shall be shortened to five calendar days; (B)
2. Tthe hearing shall be held within 21 calendar days of the date the notice of appeal is filed; and
3. tThe decision of the Ccity Mmanager is final upon issuance and not appealable to Ccity Ccouncil.
C. Decisions on Zzoning Ppermit applications for a Section 6409(a) modification shall be final and may not appealablebe appealed. (Ord. 966 § 3, 2023; Ord. 928 § 15, 2019; Ord. 910 § 5, 2017.
Formerly 18.67.400) [Source: 18.67.370]
10.2.f
Packet Pg. 699
1 18 – Zoning Code
Part 3 – Regulations Applicable to
All Zoning Districts
REVISED PRELIMINARY DRAFT
OCTOBER 2024
Table of Contents
CHAPTER 18.45 GENERAL SITE AND DEVELOPMENT STANDARDS..................................... 6
18.45.010 Purpose and Applicability ................................................................................................. 6
18.45.020 Development on Lots Divided by Zoning District Boundaries .......................................... 6
18.45.030 Height Standards and Exceptions.................................................................................... 6
18.45.040 Measurements.................................................................................................................. 8
18.45.050 Refuse and Storage Areas ............................................................................................. 11
18.45.060 Relocated Structures...................................................................................................... 12
18.45.070 Traffic Safety Visibility Area............................................................................................ 12
18.45.080 Structure Projections and Encroachments into Setbacks .............................................. 13
18.45.090 Underground Utilities...................................................................................................... 14 CHAPTER 18.50 ADULT BUSINESSES...................................................................................... 16
18.50.010 Purpose and Applicability ............................................................................................... 16
18.50.020 Applicability to Other Regulations .................................................................................. 16
18.50.030 Separation Requirements............................................................................................... 16
18.50.040 Development and Operational Standards ...................................................................... 17
18.50.050 Adult Use Development Permit Required ...................................................................... 20
18.50.060 Conduct Constituting a Public Nuisance ........................................................................ 20
18.50.070 Violations ........................................................................................................................ 20 CHAPTER 18.55 CANNABIS........................................................................................................ 22
18.55.010 Personal Cultivation of Cannabis ................................................................................... 22
18.55.020 Commercial Cannabis Uses........................................................................................... 23
10.2.g
Packet Pg. 700
Chapter 18.45 General Site and Development Standards
2 CHAPTER 18.60 CREEK SETBACKS......................................................................................... 25
18.60.010 Purpose and Applicability ............................................................................................... 25
18.60.020 Setback Standards ......................................................................................................... 25
18.60.030 Setback Exceptions........................................................................................................ 27
18.60.040 Additional Regulations.................................................................................................... 28 CHAPTER 18.65 FENCES, WALLS, AND SCREENING............................................................. 31
18.65.010 Purpose and Applicability ............................................................................................... 31
18.65.020 Height Limitations........................................................................................................... 31
18.65.030 Fence and Wall Standards ............................................................................................ 32
18.65.040 Screening of Mechanical Equipment.............................................................................. 33
18.65.050 Swimming Pools and Hot Tubs ...................................................................................... 33 CHAPTER 18.70 OFF-STREET PARKING AND LOADING........................................................ 35
18.70.010 Purpose and Applicability ............................................................................................... 35
18.70.020 General Requirements for Off-Street Parking and Loading ........................................... 36
18.70.030 Number of Spaces Required.......................................................................................... 36
18.70.040 Shared Parking Facilities................................................................................................ 41
18.70.050 Reduced Parking for Use Classifications ....................................................................... 42
18.70.060 Parking Reductions Allowed Within Priority Development and Transit Uses ................ 43
18.70.070 Minor Adjustments to Parking Design Standards........................................................... 43
18.70.080 ADA Compliant Parking Spaces..................................................................................... 44
18.70.090 Electric Vehicle (EV), Bicycle, and Alternative Transportation...................................... 44
18.70.100 Parking Space and Drive Aisle Dimensions................................................................... 45
18.70.110 Driveways and Site Access ............................................................................................ 48
18.70.120 Screening, Lighting, and Landscaping ........................................................................... 51
18.70.130 Additional Design Standards for Parking Facilities ........................................................ 52
18.70.140 Location and Design of Off-Street Loading Spaces....................................................... 53 CHAPTER 18.75 PERFORMANCE STANDARDS....................................................................... 56
18.75.010 Purpose and Applicability ............................................................................................... 56
18.75.020 Noise .............................................................................................................................. 56
18.75.030 Vibration ......................................................................................................................... 57
18.75.040 Odors.............................................................................................................................. 57
18.75.050 Hazardous Materials ...................................................................................................... 57
18.75.060 Heat and Humidity.......................................................................................................... 57
18.75.070 Electromagnetic Interference ......................................................................................... 58 CHAPTER 18.80 SIGNS ............................................................................................................... 60
18.80.010 Purpose and Applicability ............................................................................................... 60
10.2.g
Packet Pg. 701
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
3 18.80.020 General Standards ......................................................................................................... 61
18.80.030 Permit Required.............................................................................................................. 61
18.80.040 Exempt Signs ................................................................................................................. 62
18.80.050 Prohibited Signs ............................................................................................................. 65
18.80.060 Maximum Wall Sign Area .............................................................................................. 66
18.80.070 Specific Sign Standards ................................................................................................. 67
18.80.080 Sign Design Guidelines .................................................................................................. 71
18.80.090 Temporary Sign Standards ............................................................................................ 71
18.80.100 Standards for Other Types of Temporary Commercial Signs ........................................ 73
18.80.110 Master Sign Program ..................................................................................................... 74
18.80.120 Minor Sign Adjustment ................................................................................................... 75
18.80.130 Major Sign Adjustment ................................................................................................... 75
18.80.140 Maintenance, Abandonment, and Obsolete Signs......................................................... 75
18.80.150 Enforcement ................................................................................................................... 76 CHAPTER 18.90 TREE PRESERVATION ................................................................................... 79
18.90.010 Purpose and Applicability ............................................................................................... 79
18.90.020 Definitions....................................................................................................................... 79
18.90.030 Permit Required.............................................................................................................. 80
18.90.040 Exemptions..................................................................................................................... 85
18.90.050 Preservation and Replacement Plan.............................................................................. 86
18.90.060 Performance Security..................................................................................................... 87
18.90.070 Heritage Trees................................................................................................................ 87
18.90.080 Conditions of Approval ................................................................................................... 88
18.90.090 Penalties......................................................................................................................... 88
18.90.100 Referral .......................................................................................................................... 88
18.90.110 Tree Removal Permit Expiration .................................................................................... 89
18.90.120 Appeals........................................................................................................................... 89 CHAPTER 18.95 WATER-EFFICIENT LANDSCAPING.............................................................. 91
18.95.010 Purpose and Applicability ............................................................................................... 91
18.95.020 Forms – Zoning Administrator Review ........................................................................... 92
18.95.030 Submittal Requirements ................................................................................................ 93
18.95.040 Water-Efficient Landscape Standards............................................................................ 94
18.95.050 Landscape Plan Requirements ...................................................................................... 94
18.95.060 Landscape Water Irrigation Audit................................................................................... 94
18.95.070 Certifications................................................................................................................... 95
18.95.080 Landscape and Irrigation Maintenance Schedule.......................................................... 95
10.2.g
Packet Pg. 702
Chapter 18.45 General Site and Development Standards
4 18.95.090 Provisions for Existing Landscaping .............................................................................. 96
18.95.100 Disclosures ..................................................................................................................... 96
18.95.110 Fees................................................................................................................................ 97
18.95.120 Irrigation Efficiency ......................................................................................................... 97
18.95.130 Reporting ........................................................................................................................ 97 CHAPTER 18.100 WIRELESS TELECOMMUNICATIONS ......................................................... 100
18.100.010 Purpose and Applicability........................................................................................... 100
18.100.020 Exemptions................................................................................................................. 100
18.100.030 Permits Required........................................................................................................ 102
18.100.040 Application Submittal Requirements .......................................................................... 104
18.100.050 Findings...................................................................................................................... 104
18.100.060 General Development Standards............................................................................... 105
18.100.070 Nonconforming Provisions ......................................................................................... 109
18.100.080 Exceptions.................................................................................................................. 109
18.100.090 Standard Conditions of Approval ............................................................................... 110
18.100.100 Conditions of Approval for Section 6409(a) Modifications ........................................ 114
18.100.110 Timing of Review........................................................................................................ 117
18.100.120 Peer Review ............................................................................................................... 117
18.100.130 Decision...................................................................................................................... 117
18.100.140 Revocation ................................................................................................................. 118
18.100.150 Appeal ........................................................................................................................ 118
10.2.g
Packet Pg. 703
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
5 Chapter 18.45
General Site and Development
Standards
10.2.g
Packet Pg. 704
Chapter 18.45 General Site and Development Standards
6 Chapter 18.45 General Site and Development Standards
Sections
18.45.010 Purpose and Applicability
18.45.020 Development on Lots Divided by Zoning District Boundaries
18.45.030 Height Standards and Exceptions
18.45.040 Measurements
18.45.050 Refuse and Storage Areas
18.45.060 Relocated Structures
18.45.070 Traffic Safety Visibility Area
18.45.080 Structure Projections and Encroachments into Setbacks
18.45.090 Underground Utilities
18.45.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish reasonable and necessary standards for development in the City. These standards are established to ensure that Pleasant Hill develops in a manner that promotes efficient and orderly community growth. [Source: NEW] B. Applicability. The standards of this Chapter apply to all development projects in all zoning districts unless otherwise specified. [Source: NEW]
18.45.020 Development on Lots Divided by Zoning District Boundaries The regulations applicable to each zoning district shall be applied to the area within that zoning district.
No use other than parking serving a principal use on the site shall be located in a zoning district in which it is not a permitted or conditionally permitted use. When pedestrian or vehicle access from a right-of-way to a particular use on a property, the route taken must not pass through any area of the property that is zoned in a way that does not permit that use, either by right or with conditions. [Source:
18.50.040]
18.45.030 Height Standards and Exceptions
A. The following building features may exceed the maximum allowed height in a zoning district by eight feet with no discretionary review, if they do not cover more than 20 percent of the top floor roof area of the structure to which they are accessory: [Source: 18.50.040]
1. Tower
2. Spire
3. Cupola
4. Chimney
5. Elevator
10.2.g
Packet Pg. 705
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
7 6. Water tank
7. Monument
8. Theater scenery loft, and
9. Similar structures and necessary mechanical apparatuses. [Source: 18.50.040] B. Measuring Building Height. The height of buildings is measured as provided in the Building Code as adopted by the City. [Source: 18.145.050.A]
1. Base Points. The height of a building is the vertical distance above the base point that yields the greater height of the building as described below and shown in Figure 18.45- 1 (Measuring Height): [Source: 18.145.050.A]
a. Base Point 1. The elevation of the highest adjoining sidewalk or existing grade within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or existing grade is not more than five feet above lowest grade. [Source: 18.145.050.A.1]
b. Base Point 2. The elevation that is five feet higher than the lowest grade when the sidewalk or existing grade described in Subparagraph 1.a of this Subsection is more than five feet above lowest grade. [Source:
18.145.050.A.2]
Figure 18.45-1
Measuring Height
2. Roof Types. See Figure 18.45-2 (Roof Types – Height Measurement). a. Flat Roofs. Height is measured to the top of the parapet. If there is no parapet, height is measured to the highest point of the roof (see Table 18.15.___ (Development Standards for Residential Districts) and Table 18.25.___ (Development Standards for Commercial, Office, and Industrial Districts) for allowed number of stories). [Source: 18.145.050.A]
b. Mansard Roofs. Height is measured to the deck line. [Source: 18.145.050.A] c. Pitched and Hipped Roofs. Height is measured to the average height of the highest gable that has a roof pitch of 12/12 or less. For roofs with a pitch steeper than 12/12, height is measured to the highest point. [Source:
18.145.050.A]
10.2.g
Packet Pg. 706
Chapter 18.45 General Site and Development Standards
8 d. Other Roof Types. For other roof types (such as domed, vaulted, or pyramidal), height is measured to the highest point. [Source: 18.145.050.A] e. Stepped or Terraced Structures. The height is the maximum height of any segment of the building. [Source: 18.145.050.A]
Figure 18.45-2
Roof Types – Height Measurement
C. The height of other structures, such as fences, shall be the vertical distance from the ground level immediately under the structure to the top of the structure. Special height measurement provisions are as follows. [Source: 18.145.020.B]
1. Walls or Fences on Slopes. The height of walls or fences located on sloping ground shall be measured from the ground level on the higher side of the wall or fence for the purpose of determining compliance with maximum allowable height requirements. [Source: 18.145.020.B.1]
2. Retaining Walls and Fences. The height of retaining walls, and fences on top of retaining walls, shall be measured as a combined height of a retaining wall, fence, or screen from the ground level on the higher side of the combined wall, fence, or screen for the purpose of determining compliance with maximum allowable height requirements. [Source: 18.145.020.B.2]
3. Decks. Deck height shall be measured from the lowest existing grade where the deck meets the ground to the top of the floor of the deck. [Source: 18.145.020.B.3]
4. Accessory Structures. The height of accessory structures, such as sheds, detached garages, pergolas and trellises shall be measured from the ground level immediately under the structure to the highest point at the top of a structure. [Source:
18.145.020.B.4]
18.45.040 Measurements
This Section explains how various measurements referenced in this Zoning Ordinance are to be calculated. [Source: 18.145.010]
A. Fractions. When calculations for requirements that must be expressed as a whole number (i.e., housing units, parking spaces, trees) result in fractions, the results shall be rounded as follows:
[Source: 18.145.020]
1. Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result shall be rounded up to the next whole number. For example, if a minimum requirement of one tree for every 30 feet is applied to a 50-foot
10.2.g
Packet Pg. 707
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
9 strip, the resulting fraction of 1.37 is rounded up to two required trees. [Source:
18.145.020.A]
2. Maximum Limits. When a regulation is expressed in terms of maximum limits, no rounding is to be done. The maximum limit cannot be exceeded by any whole or fractional number. For example, if a maximum limit of lot coverage is 30 percent, the maximum limit is 30 percent, no rounding down to 30 percent for fractions. [Source:
18.145.020.B]
B. Measuring Distances.
1. When determining distances for setbacks and structure dimensions, all distances shall be measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. Distances shall not be measured by following the topography of the land. See Figure 18.45-3 (Horizontal Plane Measurement). [Source: 18.145.030.A]
Figure 18.45-3
Horizontal Plane Measurement
2. When measuring a required distance, such as the minimum distance between a structure and a property line, the measurement shall be made at the closest point, or shortest distance, between the two objects, except as stated in Paragraphs B.3, B.4, and B.5 of this Subsection. See Figure 18.45-4 (Determination of Closest Distance). [Source: 18.145.030.B]
10.2.g
Packet Pg. 708
Chapter 18.45 General Site and Development Standards
10 Figure 18.45-4
Determination of Closest Distance
3. Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, shall be measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the arc of the driveway or traffic lane. See Figure
18.45-5 (Measuring Vehicle Stacking Areas). [Source: 18.145.030.C] Figure 18.45-5
Measuring Vehicle Stacking Areas
4. Measurements Involving a Building. Measurements involving a building are made to the closest wall of the structure Other features, such as covered porches and entrances, are included in the measurement except as specified in Section
18.45.040.C.4 (Accessory Structure Height) and Section 18.45.080 (Structure Projections and Encroachments into Setbacks). [Source: 18.145.030.D]
10.2.g
Packet Pg. 709
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
11 5. Measurements Involving an Accessory Structure. Measurements involving an accessory structure are made to and from, the furthest projection. [NEW]]
6. Underground Structures. Structures that are entirely underground are not included in measuring required distances. See Figure 18.45-6 (Underground Structures). [Source:
18.145.030.E]
Figure 18.45-6
Underground Structures
C. Measuring Distances on Maps. Zoning district boundaries that are shown crossing lots are usually based on a topographic feature or a set measurement from a property line or topographic feature, such as the top of slope, middle of stream, 25 feet from top of bank, or 340 feet from the property line. When zoning district boundaries are shown crossing properties with no clear indication of the basis for the line, exact distances are to be determined by scaling the distances from the zoning map, using the center of the zone line on the map. [Source:
18.145.040, modified]
D. Measuring a Radius. The measured specified distance from a particular project shall be the required distance in a straight line, without regard to intervening structures or objects, from all points along the lot line of the proposed project [Source: 18.145.060]
18.45.050 Refuse and Storage Areas
A. A refuse storage area shall be screened on all sides by a six-foot high solid wood or masonry wall and include a solid roof, or located within a building, before occupancy for all uses other than a single-family residence or duplex. Locations, horizontal dimensions, and general design
10.2.g
Packet Pg. 710
Chapter 18.45 General Site and Development Standards
12 parameters of refuse storage areas shall be as prescribed by the Architectural Review Commission. [Source: 18.50.070]
18.45.060 Relocated Structures
A Minor Use Permit is required for relocation of any building except a single-family dwelling. The design of all relocated buildings shall be approved by the Architectural Review Commission to ensure compatibility with its surroundings in terms of architectural character, height and mass, and exterior appearance. See also Chapter 14.45 (House Moving) [Source: 18.50.080].
18.45.070 Traffic Safety Visibility Area
A. Purpose and Applicability. Development proposed adjacent to any public or private street, driveway, right-of-way easement, or alley intersection, shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety, free from vegetation, structures, signs, or other obstructions. [Source: NEW]
B. Measurement of the Traffic Safety Visibility Area. The traffic safety visibility area shall be measured as follows:
1. Intersections. On standard corner lots abutting a local street or alley, where the corner forms a 90-degree angle, the traffic safety visibility area shall be formed by a 90-degree triangle with two sides measuring 35 feet along both the front and side street curb lines, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. Figure 18.45-7 (Traffic Safety Visibility Area). [Source: 18.50.100.A]
2. Alleys, Driveways, and Right-of-Way Easements. On lots containing or abutting a lot containing an alley, driveway, or right-of-way easement, the traffic safety visibility area shall be formed by a 90-degree triangle with two sides measuring 15 feet (20 feet for non-single-family uses) along each side of the driveway and the street curb line abutting the roadway, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. See Figure 18.45-7 (Traffic Safety Visibility Area). [Source: Source: 18.55.130]
3. Irregular Corner Lots. For corner lots which are not flat, are irregularly shaped, or are adjacent to a collector street, arterial, or expressway, the Zoning Administrator may impose a different standard in order to provide adequate visibility, comparable to that on a standard, lot where the corner forms a 90-degree angle. [Source: 18.50.100.A] C. Height Limit. No structure, sign, landscape element, or other obstruction shall exceed 30 inches in height above roadway curb level, or 36 inches above grade, within the traffic safety visibility area, unless approved by the Zoning Administrator, except for trees with their canopy to a minimum of seven feet above grade. [Source: 18.50.100.A]
10.2.g
Packet Pg. 711
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – October 2024
13 Figure 18.45-7
Traffic Safety Visibility Area
18.45.080 Structure Projections and Encroachments into Setbacks A projection into a required setback is allowed as follows: [Source: 18.50.020] A. Fireplace or chimney: 18 inches into a front, rear, or side setback; [Source: 18.50.020.A] B. Cornice (no vertical ground support or foundation), eave (no vertical ground support or foundation), mechanical equipment, and ornamental feature: Two feet into a front, rear, or side setback. [Source: 18.50.020.B]
C. Balcony, stairs, canopy, covered entryways and/or porches, or awning (none of which shall have vertical ground support or foundation, with the exception of stairs): Five feet into a front or rear setback, and two feet into a side setback. [Source: 18.50.020.C] D. Bay windows are allowed a projection of 30 inches into a front, rear, or side setback if all the following apply: [Source: 18.50.020.D]
1. The bay window(s) is installed on either a wall with a foundation or cantilevered and does not extend to the top of the wall; [Source: 18.50.020.D]
2. Does not exceed eight feet in width; and [Source: 18.50.020.D]
3. A minimum five-foot side setback is maintained. [Source: 18.50.020.D] E. Decks (attached or detached):
1. Decks shall not encroach into the minimum front or side setbacks requirements applicable to the primary structure. [Source: 18.50.020.E]
2. Decks may only encroach into the rear setback if the minimum rear setbacks established in Table 18.45-A (Minimum Rear Setbacks for Deck Encroachments) are maintained: [Source: 18.50.020.E]
10.2.g
Packet Pg. 712
Chapter 18.45 General Site and Development Standards
14 18.45.090 Underground Utilities
All electrical, telephone, cable television, and similar utility distribution lines providing direct service to, or running adjacent to, a development site shall be installed underground within the site and within any public right-of-way or public easement directly adjacent to the site subject to review and approval by the applicable review authority (Zoning Administrator, Planning Commission, Architectural Review Commission, or City Council) of the development project. [Source: 18.50.120] Table 18.45-A: Minimum Rear Setbacks for Deck Encroachments Deck height, measured from
finished grade
Minimum rear setback to be maintained
Below 6 inches None
6 to 18 inches 5 feet
18.1 to 36 inches 10 feet
Over 36 inches Minimum required rear setback for structures in the applicable zoning district
10.2.g
Packet Pg. 713
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.50 Revised Preliminary Draft – October 2024
15 Chapter 18.50
Adult Businesses
10.2.g
Packet Pg. 714
Chapter 18.50 Adult Businesses
16 Chapter 18.50 Adult Businesses
Sections
18.50.010 Purpose and Applicability
18.50.020 Applicability to Other Regulations
18.50.030 Separation Requirements
18.50.040 Development and Operational Standards
18.50.050 Adult Use Development Permit Required
18.50.060 Conduct Constituting a Public Nuisance
18.50.070 Violations
18.50.010 Purpose and Applicability
A. The purpose of this Chapter is to provide development and operational standards which regulate the time, place, and manner of adult businesses, as defined in Part 6 (Definitions). [Source: 18.70.010]
B. Adult businesses are allowed in compliance with Part 2 (Zoning District Regulations and Development Standards) and the standards established in this Chapter. [Source: 18.70.030.A] C. The provisions of this Chapter shall apply to the establishment of any adult business, including the opening of a new adult business, the relocation of an existing adult business, or the conversion of an existing business to any adult business. [Source: 18.70.030.C]
18.50.020 Applicability to Other Regulations
The provisions of this Chapter are not intended to provide exclusive regulation of adult businesses.
Adult businesses shall comply with all applicable regulations of this Title, City ordinances, and State and Federal law. [Source: 18.70.150]
18.50.030 Separation Requirements
A. An adult business shall not be established within 1,000 feet of another adult business located either within or outside of City limits, or within the specified distance of the following uses or facilities located either within or outside of City limits. : [Source: 18.70.030.B]
1. Within 500 feet of any residential General Plan land use designation.. [Source:
18.70.030.B.1 and 18.70.030.B.4]
2. Within 800 feet of a General Plan school or park land use designation and any existing school or park facility.. [Source: 18.70.030.B.2]
3. Within 800 feet of a place of assembly, as defined in Part 6 (Definitions).. [Source:
18.70.030.B.3]
B. Measurement of Distances.
10.2.g
Packet Pg. 715
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.50 Revised Preliminary Draft – October 2024
17 1. Distances shall be measured in a straight line from the nearest exterior wall of the facility housing the adult business or proposed adult business to the nearest property line of a General Plan land use designation or land use listed in Subsection A. [Source:
18.70.030.B]
2. Exceptions. The method for measuring the distance referenced in Subsections B and C shall not apply when the location of the adult business or proposed adult business is separated from a residential, school, park General Plan land use designation, place of assembly, or other adult business by Interstate 680 (I-680). Where the I-680 separation exists, the following methods for measuring shall apply: [Source:
18.70.030.B.6]
a. Residential, Schools, or Parks General Plan Land Use Designations. Where an adult business or proposed adult business is separated from a residential, school, or park General Plan land use designation, the distance shall first be measured along a straight line extended between two points from the nearest exterior wall of the facility housing the adult business or proposed adult business to the closest improved pedestrian connection above or beneath I680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I-680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest property line included within the residential, school or park General Plan land use designation. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I680.[Source: 18.70.030.B.6] b. Places of Assembly and Other Adult Businesses. When an adult business or proposed adult business is separated from place of assembly or another adult business , the distance shall first be measured along a straight line extended between two points from the nearest exterior wall housing the adult business or proposed adult business to the closest improved pedestrian connection above or beneath I-680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest exterior wall of the other adult business or place of assembly. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I-680.N[Source:
18.70.030.B.7]
C. The distance requirements established in this Section shall also apply to similar General plan land use designations listed in Subsection B of abutting jurisdictions.. [Source: 18.70.030.B.5]
18.50.040 Development and Operational Standards
A. Hours of Operation. It shall be unlawful for any adult business to operate or be open, between the hours of 10:00 p.m. and 10:00 a.m. of any day. [Source: 18.70.040.A]
10.2.g
Packet Pg. 716
Chapter 18.50 Adult Businesses
18 B. Lighting Requirements. All exterior areas of the adult business shall be illuminated at a minimum of 1.25 footcandles. Lighting fixtures shall be fully shieled, and light directed downward below the horizontal plane so as not to cast light onto adjacent properties, . [Source:
18.70.040.B]
C. Access Provisions [Source: 18.70.040.C]
1. The operator shall not permit any doors on the premises to be locked during business hours.
2. The operator shall ensure that any room or area on the premises is readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer. [Source: 18.70.040.C]
3. Any material, adult-oriented merchandise, or activities depicting, describing, or relating to specified anatomical areas or specified sexual activities shall not be visible from any location outside the structure housing the adult business, including any display, decoration, sign, show window, door, or other opening. [Source: 18.70.040.C.2]
4. No exterior door or window on the premises shall be propped open or kept open at any time during hours of operation. [Source: 18.70.040.C.2]
5. All exterior windows shall be covered with opaque covering at all times. [Source:
18.70.040.C.2]
D. Signs. The adult business shall post in plain view inside the front portion of the business facility, in two-inch print, a sign directly citing California Penal Code Section 314. [Source: 18.70.040.D] E. Minors’ Access. [Source: 18.70.040.E]
1. X-Rated Movies. X-rated movies or videotapes shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays videos that have been rated “X” or rated “NC-17” by the motion picture rating industry (“MPAA”), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said videos shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited. [Source: 18.70.040.E.1]
2. Other Adult Materials. Access to adult materials shall be restricted to persons over 18 years of age. [Source: 18.70.040.E.2]
F. Arcade Viewing Area. Adult businesses with an arcade viewing area(s) shall comply with the following requirements: [Source: NEW]
1. It is unlawful to maintain any arcade booth or individual viewing area in which the entire viewing area(s) are not from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror, or other device that would prohibit a person from seeing into the viewing area from the main aisle.
10.2.g
Packet Pg. 717
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.50 Revised Preliminary Draft – October 2024
19 2. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. Viewing area means any area in which a person views performances, pictures, movies, videos, or other presentations. [Source:
18.70.040.G]
3. It is unlawful for an arcade booth to be occupied by more than one patron at a time. [Source: 18.70.040.F]
4. It is unlawful to create, maintain, or allow holes or other openings between arcade booths or individual viewing areas. [Source: 18.70.040.F] G. Business License. A person shall not own, operate, manage, conduct, or maintain an adult business without first having obtained a Business License from the City of Pleasant Hill. The issuance or denial of the Business License shall be made within 15 days of the applicant’s submitted application. [Source: 18.70.040.H
H. On-site Manager. All adult businesses shall have an individual, who shall be at least 18 years of age, on the premises at all times to act as the on-site manager during hours of operation.
The on-site manager shall be registered with the Zoning Administrator by the business owner to receive all complaints and be responsible for all violations taking place on the premises. [Source: 18.70.040.I]
I. Security Measures. All adult businesses shall provide either a security system that visually records and monitors the exterior premises of the property, including all parking lot areas or uniformed security guards to patrol and monitor the exterior premises of the property, including the parking lot areas, during hours of operation. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by one and one-half feet. [Source: 18.70.040.I] J. Nude Entertainment Businesses. No nude entertainment business shall be allowed unless all the following requirements are met: [Source: 18.70.040.J]
1. No employee, owner, operator, responsible managing employee, manager, or permittee of a nude entertainment business shall allow any person upon the premises or within the confines of any nude entertainment business under the age of 18 years if no alcohol is served, or under the age of 21 years if alcohol is served. [Source:
18.70.040.J.1]
2. No owner, operator, responsible managing employee, manager, or permittee shall permit or allow any patron to approach within four feet of a nude entertainer, or allow a nude entertainer to approach within four feet of a patron. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s) [Source: 18.70.040.J.3]
3. All employees of nude entertainment businesses, other than nude entertainers while performing, shall wear an opaque covering which covers their specified anatomical areas while on the premises. [Source: 18.70.040.J.4]
10.2.g
Packet Pg. 718
Chapter 18.50 Adult Businesses
20 K. Disposal of Adult-Oriented Merchandise and Materials. All adult-oriented merchandise and materials discarded by an adult business shall be fully contained within a locked garbage receptacle at all times. [Source: 18.70.040.K]
18.50.050 Adult Use Development Permit Required
All persons wishing to establish an adult business within the City shall apply for and receive an Adult Use Development Permit in compliance with this Title.. [Source: 18.70.050.A-C]
18.50.060 Conduct Constituting a Public Nuisance
The conduct of any business within the City found in violation of any of the terms of this Chapter is hereby declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts of law as may have jurisdiction to grant such relief as will abate or remove such adult use establishment and restrain and enjoin any person from conducting, operating or maintaining an adult use establishment contrary to the provisions of this Chapter. [Source: 18.70.160]
18.50.070 Violations
Any person who violates any section of this Chapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in accordance with the limits established in California Government Code Section 36901, as it may be amended from time to time, or any other legal remedy available to the City. [Source: 18.70.140]
10.2.g
Packet Pg. 719
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.55 Revised Preliminary Draft – October 2024
21 Chapter 18.55
Cannabis
10.2.g
Packet Pg. 720
Chapter 18.55 Cannabis
22 Chapter 18.55 Cannabis
Sections
18.55.010 Personal Cultivation of Cannabis
18.55.020 Commercial Cannabis Uses
18.55.010 Personal Cultivation of Cannabis
Within the city of Pleasant Hill, the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana/cannabis is prohibited. Notwithstanding the foregoing, it is not a violation of this Section for an individual to cultivate, for their personal use, no more than six cannabis plants per residence, regardless of the number of individuals residing at the residence. Cultivation shall be subject to the following limitations: [Source: 18.50.140.A]
A. The individual cultivating the cannabis plants shall reside in a private residence located on the same lot as the plant(s). [Source: 18.50.140.A]
B. Cannabis plants may be cultivated either indoors or outdoors, or a combination of both indoors and outdoors, in compliance with the following standards. [Source: 18.50.140.A.1]
1. Outdoor Cultivation: [Source: 18.50.140.C]
a. No part of a plant shall be within five feet of any property line. [Source:
18.50.140.A.3.a]
b. All plants shall be kept within a locked space (e.g., enclosed within a locked gate). [Source: 18.50.140.A.3.b]
2. Indoor Cultivation: [Source: 18.50.140.A.4]
a. All accessory structures shall comply with the locational and other requirements established in Section 18.15.060 (Accessory Structure and Use:
Residential Districts) or Section 18.25.050 (Accessory Structure and Use:
Commercial, Office, and Industrial Districts) as applicable. [Source:
18.50.140.A.4.a]
b. Structures and equipment used for indoor cultivation, such as indoor grow lights, shall comply with all applicable building, electrical, and fire code regulations as adopted by the City. [Source: 18.50.140.A.4.b] c. The plants shall be kept in a locked space within a fully enclosed and secure structure. [Source: 18.50.140.A.4.c]
C. The plants shall not be visible from a public right-of-way, public space, or adjacent lot(s). [Source: 18.50.140.B]
D. Nothing in this Section is intended to preclude any landlord from limiting or prohibiting personal cultivation of marijuana/cannabis by tenants. [Source: 18.50.140.A.5]
10.2.g
Packet Pg. 721
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.55 Revised Preliminary Draft – October 2024
23 E. Nothing in this Section is intended to authorize commercial cultivation of marijuana/cannabis. [Source: 18.50.140.A.6]
F. Nothing in this Section is intended to authorize any public or private nuisance due to odor or as otherwise specified in Chapter 7.05 (Public Nuisances). [Source: 18.50.140.A.7]
18.55.020 Commercial Cannabis Uses
All commercial cannabis uses are prohibited in all zoning districts and overlay zoning districts unless one or more such uses is expressly and affirmatively authorized by this Code, except in the following instances: [Source: 18.50.140.B]
A. Conduct specified in Business and Professions Code Sections 26054(c) and (d), 26080(b), or 26090(e). [Source: 18.50.140.B.1]
B. Cannabis delivery originating from a cannabis retailer located outside of the City. [Source:
18.50.140.B.2]
C. The activities of an individual qualified patient or an individual primary caregiver that are exempt from State licensure in accordance with Business and Professions Code Section 26033, or a natural person’s personal use activities in accordance with Health and Safety Code Sections 11362.1 and 11362.2, applicable State law and this Code. [Source: 18.50.140.B.3] D. Cannabis temporary events, as provided under Business and Professions Code Section 26200, are prohibited in the city unless specifically authorized by separate resolution or ordinance of the City Council. [Source: 18.50.140.B.4]
10.2.g
Packet Pg. 722
Chapter 18.60 Creek Setbacks
24 Chapter 18.60
Creek Setbacks
10.2.g
Packet Pg. 723
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.60 Revised Preliminary Draft – October 2024
25 Chapter 18.60 Creek Setbacks
Sections
18.60.020 Setback Standards
18.60.030 Setback Exceptions
18.60.040 Additional Regulations
18.60.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to provide specific development standards for the areas immediately surrounding creeks as defined in Subsection B. [Source: NEW] B. Applicability. Creek setback areas shall apply to all creeks in the City as shown on the “City of Pleasant Hill Creek System” map, on file with the Public Works Division, regardless of whether the creek is located on a property owner’s lot. [Source: 18.50.150.B]
18.60.020 Setback Standards
A. Measurements. The creek setback area shall comply with the measurements established in Table 18.60-A and the following standards: [Source: NEW]
1. Creek Setback Area. The creek setback area is measured from the top of the creek bank based on the depth of the creek. [Source: 18.50.150.B]
2. Creek Depth. The depth of the creek bed is measured at its deepest point to a point level with the top of creek bank. [Source: 18.50.150.B]
3. Top of Creek Bank. The top of the creek bank is defined as the highest edge of the creek channel at the location where the structure, grading, or fill is proposed, as determined by the City Engineer . [Source: 18.50.150.B]
10.2.g
Packet Pg. 724
Chapter 18.60 Creek Setbacks
26 Figure 18.60-1
Top of Bank
Table 18.60-A: Creek Setback Requirement
Depth Of Creek Creek Setback Area
Up to 5 feet 5 feet
Over 5 – 10 feet 10 feet
Over 10 – 15 feet 15 feet
Over 15 feet Subject to review by the City Engineer
B. No person may place a structure, perform grading, or place fill material in a creek setback area unless: [Source: 18.50.150.A]
1. The property is adjoining a concrete channel owned by a public agency; or [Source:
18.50.150.A.1]
2. The structure, grading, or fill was legally existing as of February 24, 2010. Such a structure, grading, or fill may be replaced within the same building footprint and without increasing the degree of nonconformity if the property owner obtains a Building Permit within 18 months without the requirement of a Use Permit under Section 18.190.030 (Nonconforming Structures); or [Source: 18.50.150.A.2]
3. The property qualifies for an exception under Section 18.60.030 (Setback Exceptions). [Source: 18.50.150.A.3]
C. For purposes of this Chapter, a structure does not include any of the following: [Source:
18.50.150.B]
1. Structures not attached to the ground or needing a foundation (i.e., play structure, doghouse, bench, table); [Source: 18.50.150.B]
2. A fence or wall not over seven feet high constructed with at least 75 percent of the fence or wall open to allow the passage of light and air; [Source: 18.50.150.B]
10.2.g
Packet Pg. 725
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.60 Revised Preliminary Draft – October 2024
27 3. Flatwork (i.e., patio, walkway) less than three inches thick and not used to support another structure; [Source: 18.50.150.B]
4. Landscaping; [Source: 18.50.150.B]
5. Existing structures legally built before February 24, 2010; or [Source: 18.50.150.B]
6. Structures prohibited by other City, State, or Federal regulations as referenced in Section 18.60.040 (Additional Regulations). [Source: 18.50.150.B]
7. If any uncertainty exists, the Zoning Administrator shall determine whether or not a structure is regulated under this Chapter. [Source: 18.50.150.B]
18.60.030 Setback Exceptions
A. The City Engineer may approve an exception to creek setback standards established in Section 18.60.020 (Setback Standards) ministerially without noticing or public hearing if all the following criteria are met. An applicant who disagrees with the determination of the City Engineer may request a Zoning Administrator decision in compliance with Subsection B [Source: 18.50.150.C.1]
1. The property is not located in either a 100- or 500-year floodplain as shown on the most current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map; [Source: 18.50.150.C.1.a]
2. The property is not a “repetitive loss property” as defined by FEMA; [Source:
18.50.150.C.1.b]
3. The depth of the water in the creek during an average winter storm is less than two feet; and [Source: 18.50.150.C.1.c]
4. The creek channel has sufficient capacity to carry storm water without flooding adjacent properties in the event of a creek bank failure. [Source: 18.50.150.C.1.d] B. Zoning Administrator Decision Request. The Zoning Administrator may approve an exception to the creek setback standards established in Section 18.60.020 (Setback Standards), on the recommendation of the City Engineer, in compliance with the following procedure: [Source:
18.50.150.C.2]
1. Application. An applicant for a creek setback exception shall file an application with the Planning Division, together with the following information as determined by the City Engineer: [Source: 18.50.150.C.2.a, modified]
a. A topographical survey of the lot precisely showing the creek bed, creek bank, top of bank, and proposed and existing structures; [Source: 18.50.150.C.2.b.i] b. A soils report prepared by a licensed civil engineer specializing in soils analysis which describes the soils condition for the proposed structure and analyzes and makes recommendations as to the creek bank stability and erosion hazard; [Source: 18.50.150.C.2.b.ii]
c. Certification by the engineer who prepares the soils report that, in their professional opinion, there is no likelihood of a hazard to persons or property resulting from the proposed construction; and [Source: 18.50.150.C.2.b.iii]
10.2.g
Packet Pg. 726
Chapter 18.60 Creek Setbacks
28 d. Structural calculations, hydraulic calculations, or other data as deemed necessary by the CityEngineer. [Source: 18.50.150.C.2.b.iv]
2. Fee. Together with the application materials established in Subparagraph B.1, an applicant shall pay an application fee in an amount established in the most current Fee Schedule as approved by City Council. [Source: 18.50.150.C.2.a]
3. Public Hearing and Noticing. The Zoning Administrator shall hold a public hearing in accordance with Chapter 18.195 (Notice Requirements) within 30 days of receiving a completed application. [Source: 18.50.150.C.2.a]
4. Findings. The Zoning Administrator may approve an exception to the creek setback standards if they make all the following findings: [Source: 18.50.150.C.2.c.i] a. The proposed structure does not violate any other City, State, or Federal regulations as referenced in Section 18.60.040 (Additional Regulations); [Source: 18.50.150.C.2.c.i(A)]
b. The proposed structure is not likely to be detrimental to creek stability; and [Source: 18.50.150.C.2.c.i(B)]
c. The property is not located within a special flood hazard area as defined in Section 15.15.050 (Definitions) or if the property is located within a special flood hazard area, the proposed structure complies with the standards of construction in accordance with Chapter 15.15 (Flood Damage Prevention). [Source: 18.50.150.C.2.c.i(C)]
5. Conditions of Approval. In approving an exception to creek setback standards, the Zoning Administrator may impose conditions of approval deemed necessary for creekside erosion protection and on-site drainage, including the requirement that the property owner enter into an agreement holding the City and other public agencies harmless in the event of flood or erosion damage to any property. The agreement shall be in a form acceptable to the City Attorney, be recorded, and bind successors in interest. [Source: 18.50.150.C.2.c.ii]
6. Decision. The Zoning Administrator shall render a decision in writing within five working days of the close of the public hearing. [Source: 18.50.150.C.2.a]
7. Appeal. The decision of the Zoning Administrator may be appealed to the Planning Commission in compliance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.50.150.C.2.a]
18.60.040 Additional Regulations
Construction, development, or work within a creek setback area may also be subject to other regulations and guidelines which could result in a larger setback, including but not limited to: [Source:
18.50.150.D]
A. City Regulations. [Source: 18.50.150.D.1]
1. Required side or rear setbacks for structures and accessory structures in the underlying zoning district; [Source: 18.50.150.D.1.a]
10.2.g
Packet Pg. 727
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.60 Revised Preliminary Draft – October 2024
29 2. Design guidelines or standards adopted by the City Council; [Source: 18.50.150.D.1.b]
3. California Building Code under Title 14 (Buildings and Construction); [Source:
18.50.150.D.1.c]
4. Grading standards established in Chapter 15.10 (Grading); [Source: 18.50.150.D.1.d]
5. Requirements applicable in a special flood hazard area in compliance with Chapter
15.15 (Flood Damage Prevention); [Source: 18.50.150.D.1.e]
6. Erosion protection and water quality requirements in compliance with Chapter 15.05 (Stormwater Management and Discharge Control); and [Source: 18.50.150.D.1.f]
7. Mitigation measures under the California Environmental Quality Act (CEQA). [Source:
18.50.150.D.1.g]
B. Other Agency Requirements. [Source: 18.50.150.D.2]
1. California Department of Fish and Game. [Source: 18.50.150.D.2.a]
2. San Francisco Bay Regional Water Quality Control Board. [Source: 18.50.150.D.2.b]
3. U.S. Army Corps of Engineers. [Source: 18.50.150.D.2.c]
4. Federal Emergency Management Agency (FEMA). [Source: 18.50.150.D.2.d]
5. U.S. Fish and Wildlife Service. [Source: 18.50.150.D.2.e]
10.2.g
Packet Pg. 728
Chapter 18.65 Fences, Walls, and Screening
30 Chapter 18.65
Fences, Walls, and Screening
10.2.g
Packet Pg. 729
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.65 Revised Preliminary Draft – October 2024
31 Chapter 18.65 Fences, Walls, and Screening
Sections
18.65.010 Purpose and Applicability
18.65.020 Height Limitations
18.65.030 Fence and Wall Standards
18.65.040 Screening of Mechanical Equipment
18.65.050 Swimming Pools and Hot Tubs
18.65.010 Purpose and Applicability
A. Purpose. This Chapter establishes the requirements for fences, walls, and other screening elements to minimize visual obstructions of scenic views and sunlight, provide adequate buffering and screening between different land uses and outdoor equipment, and ensure these elements are attractively designed. [NEW]
B. Applicability. The provisions of this Chapter apply to all fences, walls, and other screening elements except as otherwise provided for in this Chapter. [NEW]
18.65.020 Height Limitations
A. Maximum Height. The maximum height of a fence or wall (including a retaining wall) is six feet, except as provided below:
1. Required Front and Corner Side Setbacks. The maximum height of a fence or wall within a required front and corner side setbacks is three feet, unless otherwise specified.
2. When a Non-Residential setback buts a Residential Zoning District, the setback shall be enclosed by a solid wood, concrete or masonry wall at least six feet in height, but no more than eight feet in height. [Source: 18.25.140]
3. Rear Property Line Setbacks. The maximum height of a fence or wall along the rear property line is eight feet when located on a lot with a rear property line abutting a public trail, canal, East Bay Municipal Utility District right-of-way, or public street. [Source: 18.25.140.A]
B. Fences on Retaining Walls. When a fence is placed on top of a retaining wall, the total height shall be measured as the combined height of the retaining wall and the fence 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. [Source: 18.25.140].
C. Traffic Safety Visibility Area. All fences, walls, hedges, and other screening elements are subject to the Traffic Safety Visibility Area requirements established in Section 18.45.080 (Traffic Safety Visibility Area). [Source: 18.25.140.C]
10.2.g
Packet Pg. 730
Chapter 18.65 Fences, Walls, and Screening
32 18.65.030 Fence and Wall Standards
A. Prohibition Across Easements. No fence or wall shall be constructed across or over any easement that would impede the use or access for its intended purpose.
B. 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 Figure 18.65-1 (Corner Lor and Key Lot Fence and Wall Standards).. [Source: 18.20.040.I] C. Key Lots. Corner lots abutting a key lot shall maintain an unfenced triangular area measuring 12 feet on each side. See Figure 18.65-1 (Corner Lot and Key Lot Fence and Wall Standards). [Source: 18.20.040.I.1]
Figure 18.65-1
Corner Lot and Key Lot Fence and Wall Standards
D. Allowable Fence and Wall Materials. Fences and walls shall comply with the following material standards.
1. Residential Zoning Districts. Unless otherwise approved by the Zoning Administrator, fences and walls in residential zoning districts shall be constructed of masonry, wood, metal, or concrete Fences and walls in residential zoning districts shall also be consistent and comply with the fence and wall standards established in the City Wide Residential Design Guidelines and Objective Design Standards. [NEW]
2. Nonresidential Zoning Districts. Unless otherwise approved by the Zoning Administrator, fences and walls in nonresidential zoning districts shall be consistent
10.2.g
Packet Pg. 731
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.65 Revised Preliminary Draft – October 2024
33 with the City Wide Nonresidential Design Guidelines and be constructed of masonry, wood, concrete, vinyl, tubular steel, or wrought iron. Fences or walls abutting a residential zoning district, in accordance with Subparagraph A.2 of Section18.65.020 (Height Limitations), shall be constructed of solid wood, concrete, or masonry. [Source:
18.25.140]
E. Fire Safe Fencing. In addition to the allowed fence and wall materials established in Subsection C of this Section, fences and walls attached to or within five feet of a structure or deck shall be made of non-combustible, fire resistant materials in compliance with all applicable Uniform Building Code requirements. [Source: NEW]
F. Prohibited Fence and Wall Materials. High voltage electrical fences, razor wire, barbed wire, and other materials which pose a safety hazard are strictly prohibited. [Source: 18.25.140.D]
18.65.040 Screening of Mechanical Equipment
A. General Requirement. Except as provided in Subsection B, all exterior mechanical equipment shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment is not required if the equipment is not visible from public views, subject to review and approval by the Zoning Administrator. [Source:
18.50.090.A]
B. Utility Meters. Utility meters shall be screened from view from public rights-of-way except when not allowed by a utility provider or when located on the interior side setback of a single--family dwelling. Utility meters do not need to be screened on top, unless otherwise directed by the Zoning Administrator. Utility meters in a required front setback or in a side setback of a corner lot shall be enclosed in subsurface vaults. [Source: 18.50.090.B] C. Materials. Screening materials shall be constructed of solid concrete, wood, or other opaque material and shall effectively screen mechanical equipment so no portion is visible from a public right-of-way or adjoining lot. Screening material may have evenly distributed openings or perforations not exceeding 50 percent of the surface area. [Source: 18.50.090.C]
18.65.050 Swimming Pools and Hot Tubs
A. Fencing. Swimming pools and hot tubs shall be fenced as required by the California Building Code. [Source: 18.20.110.A]
B. Setbacks.
1. In-ground swimming pools and hot tubs shall be ,at minimum, three feet from property lines and structures. Setbacks shall be measured from the exterior edge of the pool or hot tub. [Source: 18.20.110.B]
2. Above-ground swimming pools and hot tubs are subject to the setback requirements specified in Section 18.15.060 (Accessory Structure and Use: Residential Districts] [Source: 18.20.110.C]
10.2.g
Packet Pg. 732
Chapter 18.70 Off-Street Parking and Loading
34 Chapter 18.70
Off-Street Parking and Loading
10.2.g
Packet Pg. 733
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
35 Chapter 18.70 Off-Street Parking and Loading
Sections
18.70.010 Purpose and Applicability
18.70.020 General Requirements for Off-Street Parking and Loading
18.70.030 Number of Spaces Required
18.70.040 Shared Parking Facilities
18.70.050 Reduced Parking for Single Uses
18.70.060 Parking Reductions Allowed Within Priority Development and Transit Uses
18.70.070 Minor Adjustments to Parking Design Standards
18.70.080 ADA Compliant Parking Spaces
18.70.090 Electric Vehicle (EV), Bicycle, and AlternativeTransportation
18.70.100 Parking Space and Drive Aisle Dimensions
18.70.110 Driveways and Site Access
18.70.120 Screening, Lighting, and Landscaping
18.70.130 Additional Design Standards for Parking Facilities
18.70.140 Location and Design of Off-Street Loading Spaces
18.70.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to ensure sufficient off-street parking and loading facilities are provided, consistent with demand and feasibility, for all new and existing uses, and that parking and loading facilities are designed to ensure efficiency, public safety, and insulate surrounding land uses from adverse impacts. [Source: 18.55.010, modified] B. Applicability. Every use and structure, including major alterations or expansions of a use or structure, shall provide off-street parking and loading facilities at the time of initial occupancy or construction in compliance with the regulations in this Chapter. [Source: 18.55.020.A]
1. For the purposes of this Chapter, a major alteration or expansion is considered:
a. A change of use classification that would increase the required number of parking spaces or loading spaces by 10 percent or more of the total required before the change; or
b. An increase in floor area that would increase the required number of parking spaces or loading berths by 10 percent or more of the total number required before the alteration or expansion. [Source: 18.55.020.A]
2. A change in occupancy is not considered a change in use unless the new occupant is a. or b. as noted above.. [Source: 18.55.020.A]
10.2.g
Packet Pg. 734
Chapter 18.70 Off-Street Parking and Loading
36 3. Any alteration or expansion of a parking or loading facility that does not increase the number of parking spaces or loading berths by 10 percent of the original total number required, the altered or expanded portion of the parking or loading facility shall comply with the standards established in this Chapter. [Source: 18.55.020.A]
18.70.020 General Requirements for Off-Street Parking and Loading A. Nonconforming Parking or Loading. No existing use or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this Chapter. Existing off-street parking and loading facilities shall not be reduced in number to less than that required by this Chapter. [Source: 18.55.020.B] B. Shared Parking. Off-street parking and loading facilities required by this Chapter for any use shall not be considered as providing parking spaces or loading berths for any other use except where the provisions of Section 18.70.040 (Shared Parking Facilities) apply or a joint facility exists. [Source: 18.55.020.E]
C. Location and Ownership. Parking required to serve a residential use shall be on the same site as the residence served. Parking required to serve a nonresidential use may be on a different site under the same or different ownership as the use served. The distance of nonresidential parking facilities from the use served shall be subject to review and approval by the Planning Commission. [Source: 18.55.020.F]
D. Common Loading Facilities. The off-street loading facilities requirements of this Chapter may be satisfied by the permanent allocation of the required number of berths for each use in a common truck loading facility, provided that the total number of berths shall not be less than the sum of the individual requirements. As a requirement of approval, a signed copy of a contract between the parties concerned setting forth an agreement to joint use of the common truck loading facility shall be filed with the application for a Zoning Permit in compliance with Chapter 18.160 (Zoning Permit). The City may record the contract. If the gross floor area of individual uses on the same site is less than that for which a loading berth would be required by this Chapter, but the aggregate gross floor area of all uses is greater than the minimum for which a loading berth would be required, the aggregate gross floor area shall be used in determining the required number of loading berths. [Source: 18.55.020.G] E. Computation of Spaces Required. In calculating the number of required parking spaces or loading berths, if a fractional number is obtained, one parking space or loading berth shall be required for a fraction of more than one-half, and no space or berth shall be required for a fraction of one-half or less. [Source: 18.55.020.H]
F. Land Banking. The Planning Commission may allow a portion of the required parking improvements to be deferred upon finding that all of the spaces are not needed immediately. [Source: 18.55.020.I]
18.70.030 Number of Spaces Required
A. Parking and Loading Requirements by Land Use. Except as provided in Subsection B, parking requirements shall comply with the following:
1. Each land use shall provide the number of off-street parking spaces or loading berths required by Table 18.70-__ (Off-Street Parking and Loading Requirements by Land
10.2.g
Packet Pg. 735
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
37 Use) and Table 18.70-__ (Off Street Loading Spaces Required). Additional spaces or berths may be required or approved by the Zoning Administrator through a Use Permit in compliance with Chapter 18.145 (Use Permit). [Source: 18.55.030]
2. If a land use is not specifically listed in Table 18.70-__ (Off-Street Parking and Loading Requirements by Land Use) and/or requires approval of a Use Permit, the Zoning Administrator shall determine the probable use and the number of parking and loading spaces required based on the operational characteristics of the proposed use. . To make this determination, the Zoning Administrator may require the submission of survey data or other applicable studies from the applicant or prepared at the applicant’s expense. [Source: 18.55.030]
3. Table 18.70-__ (Off-Street Loading Space Requirements) sets space requirements and standards for different groups of use classifications and sizes of buildings, which correspond with group numbers shown in the “Off-Street Loading Spaces” column in Table 18.70-__ (Off-Street Parking and Loading Requirements by Land Use).
References to spaces per square foot are to be calculated based on gross floor area, unless otherwise specified, and shall include allocations of shared restrooms, halls, and lobby areas, but shall exclude area for vertical circulation, stairs, or elevators. [Source: 18.55.030]
B. Parking Minimum Exception. In compliance with California Government Code Sections 65585 and 65863.2, qualifying projects shall be exempt from providing the number of parking spaces required by this Chapter when located within one-half miles of public transit, as defined in Part 6 Chapter 18.205 (Definitions). However, the City may impose, and enforce, minimum parking requirements if the City makes written findings, within 30 calendar days of receipt of a complete application, that not imposing the parking minimum required by this Chapter would have substantially negative impacts on the City’s ability to meet its share of specified housing needs of existing residential or commercial parking within one-half mile of housing development. [Source: NEW, State legislation]
C. Parking and Loading Requirements for Alterations or Expansions. The number of parking spaces or loading berths required for an alteration or expansion of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces or berths existing before the alteration, expansion, or change of occupancy unless the preexisting number is greater than the minimum number listed in Table 18.70-A (Off-Street Parking and Loading Requirements by Land Use). In this case, the number of spaces or berths in excess of the required minimum shall be counted in determining the additional required number of spaces or berths. [Source: 18.55.020.C]
D. Multi-Use Sites. If more than one use is located on a site, the number of off-street parking spaces and loading berths to be provided shall be equal to the sum of the requirements prescribed for each use, except in shopping centers where only the standards for the Shopping Center use classification in Table 18.70-A (Off-Street Parking and Loading Requirements by Land Use) shall apply. [Source: 18.55.020.D]
10.2.g
Packet Pg. 736
Chapter 18.70 Off-Street Parking and Loading
38 Table 18.70-__: Off-Street Parking and Loading Requirements by Land Use Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Group Number
Residential
Accessory Dwelling Unit See Section 18.__.__ (Accessory Dwelling Units).
-
Bed and Breakfast 1 per guest bedroom, plus 2 for
the primary dwelling unit.
-
Community Care Facility, Small
(up to 6 persons)
Same as single-family residential. -
Emergency Shelter 1 per every 2 employees. Within
other zoning districts, parking shall
be as specified by Use Permit.
-
Family Day Care Home See applicable single-family or
multi-family residential parking
requirements.
-
Group Residential 1 per sleeping room; or 1 per 200
sq. ft. used for assembly purposes
or common sleeping areas.
-
Multi-Family Residential 1.25 per studio; 1.5 per 1-bedroom unit of which 1 shall be covered; or
2 per 2-bedroom or larger unit of
which 1 shall be covered; plus 1
guest parking space for every 4
units.
-
Senior Housing 1 for each 2.5 dwelling units. -
Single-Family Residential For new construction, 2 spaces per dwelling unit both of which
shall be fully enclosed.
-
Single-Room Occupancy (SRO) Same as group residential. - Public and Semipublic
Community Care Facility, Large (7
or more persons)
1 per 3 beds, plus 1 for each
employee during peak hours of
operation, plus 1 visitor parking
space per 4 residents unless
otherwise specified by Use Permit.
3 Cultural Institution 1 per 300 sq. ft. gross floor area. 3 Day Care Facility As specified by Use Permit
See Paragraph C.2 of Section
18.70.110
-
Emergency Medical Care 1 per 200 sq. ft.
Government Office 1 per 250 sq. ft. 2
Maintenance and Service Facility 1 per 500 sq. ft., plus 1 per 500 sq. ft. of outdoor storage area.
1 Park and Recreation Facility As specified by Zoning Permit or Use Permit for private facilities.
See Paragraph C.2 of Section
18.70.110
Place of Assembly (club, lodge,
place of worship)
1 per 4 fixed seats, or 1 per 100
sq. ft. used for assembly
purposes, whichever is greater.
3 Public Safety Facility As specified by Use Permit. 3
Offender Rehabilitation Service As specified by Use Permit. -
10.2.g
Packet Pg. 737
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
39 Table 18.70-__: Off-Street Parking and Loading Requirements by Land Use Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Group Number
School, Public or Private 1 for each employee; plus 1 for every 100 sq. ft. of classroom.
See Paragraph C.2 of Section
18.70.110
1 Utilities, Major As specified by use permit. 1
Commercial
Adult Business 1 per 250 sq. ft. 1
Ambulance Service 1 per 500 sq. ft., plus 2 storage
spaces.
1 Animal Sales and Service:
Animal Boarding or Grooming;
Animal Hospital
1 per 400 sq. ft. 1
Animal Day Care 1 per 400 sq. ft. of indoor space
Animals, Retail Sales 1 per 250 sq. ft. 1
Riding Academy As specified by the Zoning
Administrator.
-
Artists’ Studio 1 per 1,000 sq. ft. 1
Automobile Maintenance, Limited 2 per service bay plus queue for 2 cars per bay.
Automobile Service Stations 3 per service bay plus 1 per each employee.
-
Automobile, Vehicle/Equipment
Broker
1 per 300 sq. ft., but not to exceed
1 per 250 sq. ft.
2 Automobile, Vehicle/Equipment
Repair
4 per service bay or 1 per 225 sq.
ft., whichever is greater.
-
Automobile, Vehicle/Equipment
Sales and Rental
1 per 250 sq. ft. of office and
ancillary meeting spaces; plus 1
per 1,000 sq. ft. of indoor product
sales and display areas; plus 1 per
1,000 sq. ft. of outdoor sales and
product display areas; plus 2
spaces per service bay for any
accessory service, repair and
maintenance facilities. Parking lot
design standards (Section
18.55.080 through 18.55.170)
shall apply to employee and
customer parking and loading
areas only.
1 Automobile, Vehicle/Equipment
Wholesaler
1 per 400 sq. ft. 1
Automobile Washing 1 per 200 sq. ft. of sales, office, or lounge area; plus queue for 5 cars
per washing station.
-
Financial Institution 1 per 250 sq. ft. 2
Drive-up Service Queue space for 5 cars per teller. -
Building Materials and Services 1 per 400 sq. ft.; plus 1 per 500 sq. ft. of outdoor storage area.
1 Catering Services 1 per 400 sq. ft. 1
Commercial Recreation and Entertainment:
Bowling Alley 6 per lane. 1
Electronic Game Center 1 per 400 sq. ft. -
10.2.g
Packet Pg. 738
Chapter 18.70 Off-Street Parking and Loading
40 Table 18.70-__: Off-Street Parking and Loading Requirements by Land Use Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Group Number
Skating Rink 1 per 5 fixed seats, or 1 per 35 sq.
ft. seating area if there are no
fixed seats; plus 1 per 250 sq. ft.
floor area not used for seating.
-
Billiards/Pool Hall 2 per table, 1 per employee. -
Tennis and Racquetball Clubs 4 per court. 1
Other Commercial Recreation As specified by the Zoning
Administrator.
-
Communications Facilities 1 per 500 sq. ft. 2
Eating and Drinking 1 per 100 sq. ft. gross area; plus
queue space as determined by the
Zoning Administrator for drivethrough service.
-
For Uses with Take-Out Service
Only
1 per 50 sq. ft. gross area; plus
queue space as determined by the
Zoning Administrator for drivethrough service.
1 With Outdoor Seating No additional spaces for the first 12 seats; 1 additional space per 3
seats for more than 12 seats
except within the Downtown
Specific Plan area where parking
requirements for outdoor seating
shall be as specified by the Zoning
Administrator or Planning
Commission.
-
Equipment and Appliance
Maintenance and Repair Service
1 per 400 sq. ft.; plus 1 per 500
sq. ft. of outdoor storage area.
1 Fitness Studio 1 per 250 sq. ft. -
Food and Beverage Sales 1 per 250 sq. ft. 1
Funeral and Interment Services 1 per 50 sq. ft. seating area. 1 Horticulture, Limited 1 per 2 acres. -
Hotel and Motel 1 per guest room plus 1 per 50 sq.
ft. banquet seating area.
-
Laboratory, General 1 per 500 sq. ft. 1
Laboratory, Medical and Dental 1 per 200 sq. ft. 1
Live Entertainment (all types
except karaoke)
As specified by the Zoning
Administrator.
-
Karaoke 1 per 4 karaoke seats, 1 per
employee.
Maintenance Services
Establishment
1 per 500 sq. ft. 1
Nursery 1 per 500 sq. ft. of outside display
lathe house area, plus 1 per 250
sq. ft. gross floor area.
-
Office, General 1 per 300 sq. ft. but not to exceed
1 per 250 sq. ft.
2 Office, Medical and Dental 1 per 200 sq. ft. -
Pawn Shop 1 per 250 sq. ft. 1
Personal Improvement Services As specified in the applicable Use Permit
-
Dance or Music Studio 1 per 600 sq. ft. -
Personal Service 1 per 250 sq. ft. 1
10.2.g
Packet Pg. 739
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
41 18.70.040 Shared Parking Facilities
A. Reduction of Parking for Shared Use. Shared parking facilities serving more than one use on a site or serving more than one property may apply for a reduction in the total number of parking or loading spaces required by this Chapter through a Use Permit in compliance with Chapter
18.145 (Use Permit). No use shall be continued if the on-site or off-site parking is removed unless substitute parking facilities are provided. The Use Permit for reduced parking requirements for shared parking facilities may be required to include: [Source: 18.55.040.A] Table 18.70-__: Off-Street Parking and Loading Requirements by Land Use Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Group Number
Pharmacy 1 per 250 sq. ft. -
Research and Development
Services
1 per 400 sq. ft. -
Retail Sales Not Otherwise Listed
in this Table
1 per 250 sq. ft. 1
Furniture/Appliance Sales,
(household equipment store)
1 per 400 sq. ft. 1
Shopping Center 1 per 250 sq. ft. 1
Theater 1 per 4 fixed seats, or 1 per 40 sq.
ft. seating area if there are no
fixed seats.
1 Vehicle Storage Facilities 1 per 500 sq. ft. (in addition to parking for the vehicles stored on
site as part of this use).
-
Travel Service 1 per 300 sq. ft. -
Industrial
Fuel Storage and Distribution As specified by the Use Permit. - Industry, Custom and General 1 per 1,000 sq. ft. -
Industry, Limited 1 per 750 sq. ft. -
Industry, Research and
Development
1 per 500 sq. ft. -
Warehousing and Storage, Limited 1 per 1,000 sq. ft. 1
Wholesale Distribution and
Storage
1 per 800 sq. ft. 1
Table 18.70-B: Off-Street Loading Space Requirements
Gross Floor Area (sq. ft.) 10' x 20' x 10' 12' x 25' x 14' Use Classification Group 1
0 to 3,000 0 0
3,001 to 15,000 1 0
15,001 to 50,000 2 0
50,001 and over 3 0
Use Classification Group 2
0 to 10,000 1 0
10,001 to 20,000 1 1
20,001 and over 1 1
Use Classification Group 3
0 to 30,000 0 1
30,001 to 100,000 0 2
100,000 and over 0 3
10.2.g
Packet Pg. 740
Chapter 18.70 Off-Street Parking and Loading
42 1. Survey data substantiating a request for reduced parking requirements, at the expense and responsibility of the applicant.
2. Description of the limits of any area subject to reduced parking requirements and the reduction applicable to each use.
B. Findings. A Use Permit for shared off-street parking facilities may allow a reduction of the total number of spaces required by this Chapter if the following findings are made: [Source:
18.55.040.B]
1. The spaces to be provided will be available as long as the uses requiring the spaces are in operation; [Source: 18.55.040.B.1]
2. The peak hours of parking demand from all uses do not coincide so that peak demand is greater than the parking provided; [Source: 18.55.040.B.2]
3. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if collective parking is not provided; and [Source:
18.55.040.B.3]
4. A written agreement exists between the landowner(s) and the City, in a form satisfactory to the City Attorney, that includes all the following: [Source: 18.55.040.B.4] a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking; [Source: 18.55.040.B.4.a] b. A guarantee among the landowner(s) for access to and use of the shared parking facilities in perpetuity. However, if the landowner providing the shared parking facility is a public agency, then the minimum required time period for the agreement shall be established by mutual consent of the City and the applicable public agency; [Source: 18.55.040.B.4.b]
c. A provision that the City may require parking facilities in addition to those originally approved upon a finding by the Planning Commission that adequate parking to serve the use(s) has not been provided; [Source: 18.55.040.B.4.c] d. A provision stating that:
i. The Planning Commission may, for due cause and upon notice and hearing, unilaterally terminate the agreement at any time; and ii. The Zoning Administrator may terminate the agreement upon finding that substitute parking facilities meeting the requirements of this section are provided; and [Source: 18.55.040.B.4.d]
e. A provision that the agreement will be recorded in the County Recorder’s Office upon issuance of the Use Permit. [Source: 18.55.040.B.4.e]
18.70.050 Reduced Parking for Use Classifications
A. An applicant may request a reduction in the number of parking spaces required in this Chapter by submitting an application for a Use Permit with the Planning Division in compliance with Chapter 18.145 (Use Permit).
10.2.g
Packet Pg. 741
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
43 B. Maximum Allowable Reduction. The Zoning Administrator may approve a Use Permit for up to a 10 percent reduction in the number of parking spaces required under this Chapter, and the Planning Commission may approve a Use Permit for more than a 10 percent reduction in the number of parking spaces required under this Chapter to less than the number specified Table
18.70-A (Off-Street Parking and Loading Requirements by Land Use) and Table 18.70-B (OffStreet Loading Space Requirements), provided that the following findings are made: [Source:
18.55.050]
1. The parking demand will be less than the requirement in Table 18.70-A (Off-Street Parking and Loading Requirements by Land Use) and Table 18.70-B (Off-Street Loading Space Requirements); and [Source: 18.55.050.A]
2. The probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand. [Source: 18.55.050.B] C. In reaching a decision, the Zoning Administrator or Planning Commission shall consider parking survey data, parking analysis or any other technical information, submitted by an applicant or collected at the applicant’s request and expense. The Use Permit issued in compliance with this Section shall be recorded in the County Recorder’s Office. [Source:
18.55.050]
18.70.060 Parking Reductions Allowed Within Priority Development and Transit Uses
A project site within a priority development area (designated by the Association of Bay Area Governments, “ABAG”) or within a quarter-mile of a regional transit hub (BART station or transit center) is allowed to have up to a 15 percent reduction in the number of spaces required under this Chapter as determined by the Zoning Administrator. This parking reduction does not apply to single-family residential developments. [Source: 18.55.180]
18.70.070 Minor Adjustments to Parking Design Standards A. The Zoning Administrator may approve an adjustment of up to 20 percent from the parking design standards in Subsections C and D of Section 18.70.020 (General Requirements), Section 18.70.040 (Shared Parking Facilities), and Section 18.70.090 (Electric Vehicle, Bicycle, and Non-Automobile Modes of Transportation) through 18.70.130 (Additional Design Standards for Parking Facilities), and/or use of an alternative driveway surface material, by approval of a Zoning Permit. [Source: 18.55.190.A]
B. The Planning Commission may approve a Use Permit for adjustments of greater than 20 percent from the parking standards listed in Subsection A. [Source: 18.55.190.B] C. Findings. Before approval of an adjustment, the Zoning Administrator or Planning Commission shall make the following findings: [Source: 18.55.190.C]
1. The adjustment is consistent with the intent of the Zoning Ordinance; [Source:
18.55.190.C.1]
2. The adjustment will not adversely affect adjacent properties; [Source: 18.55.190.C.2]
3. The adjustment is necessary due to practical difficulties involved in the strict application of Zoning Ordinance standards; and [Source: 18.55.190.C.3]
10.2.g
Packet Pg. 742
Chapter 18.70 Off-Street Parking and Loading
44 4. For an adjustment of 20 percent or more, the Planning Commission shall also make Use Permit findings under Chapter 18.145 (Use Permit). [Source: 18.55.190.C.4]
18.70.080 ADA Compliant Parking Spaces
All parking facilities shall comply with the requirements of the California Code of Regulations (Chapter 24, Part 2, Division 2-71) and with the sign requirements of California Vehicle Code section 22507.8.
Parking lot modifications required to comply with these requirements shall be allowed, including reduction in required parking spaces or modification to provisions contained in this Chapter, subject to review and approval of the City Engineer and Zoning Administrator. [Source: 18.55.060]
18.70.090 Electric Vehicle (EV), Bicycle, and Alternative Transportation A. Electric Vehicle (EV) Parking [Source: 18.55.070.A]
1. CALGreen Building Code Compliance. All EV parking spaces provided within any zoning district shall comply with the standards and requirements established in the California Green Building Standards Code (CALGreen), as amended, in addition to the standards established in this Section.
2. All Other Use Classifications. New developments in all use classifications other than commercial uses shall provide the number of EV parking spaces (including charging station) as specified by the issued Architectural Review Permit, Use Permit, or Development Plan Permit. [Source: 18.55.070.A.2]
3. Development Regulations. All EV parking spaces shall follow the development regulations established in Chapter 14.75 (Electric Vehicle Charging Systems – Streamlined Permitting). [Source: 18.55.070.A.3]
B. Bicycle Parking Bicycle parking spaces shall be provided in every zoning district as required by this Subsection. [Source: 18.55.070.B]
1. Number of Spaces Required [Source: 18.55.070.C, modified] a. Public and Semipublic Use Classifications. As specified by Use Permit. [Source: 18.55.070.C.1]
b. Commercial Use Classifications. Each development shall provide at least one bicycle space plus the equivalent of five percent of the requirement for automobile parking spaces. [Source: 18.55.070.C.2]
c. Residential Use Classifications.
2. Multi-Family Residential. Each development shall provide at least one bicycle parking space for every 5 required automobile parking spaces, with a minimum of one bicycle parking space per development. [Source: 18.55.070.C.3]
C. Design Requirements. Each bicycle parking space shall provide a stationary object to which a user can secure both wheels and the frame of a bicycle with a six-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket. The following alternative facilities may be provided, subject to approval of the Zoning Administrator:
[Source: 18.55.070.D]
10.2.g
Packet Pg. 743
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
45 1. An enclosed bicycle locker; or [Source: 18.55.070.D.1]
2. A three-point bicycle rack which secures both wheels and the frame; or [Source:
18.55.070.D.2]
3. A fenced, covered, locked, or guarded bicycle storage area. All bicycle units within the storage area shall measure, at minimum, 36 inches in width, 42 inches in height, and 72 inches Prin length to fit the average bicycle dimensions. [Source: 18.55.070.D.3] D. Motorcycle Parking Spaces. Commercial, office, or industrial uses more than 10,000 square feet in size shall designate at least one standard motorcycle parking space that meets all the following standards. [Source: 18.55.070.E]
1. The entrance of the space shall consist of concrete wheel stops affixed to a foundation by epoxy cement and results in a two-foot separation to provide access from the aisle or driveway. [Source: 18.55.070.E]
E. Alternative Transportation Amenities. In addition to the other standards required in this Chapter, new developments consisting of more than 10 housing units or over 5,000 square feet of nonresidential uses shall include amenities that encourage alternative and/or active modes of transportation that reduce pollution or vehicle miles traveled (VMT) as a benefit to the community (i.e., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations, innovative bus shelter designs). The requirements of this Subsection are subject to approval by the Zoning Administrator on a recommendation from the City Engineer [Source: 18.55.070.F]
18.70.100 Parking Space and Drive Aisle Dimensions
A. Parking Space and Lot Dimensions. Covered and uncovered parking spaces shall comply with the following parking space dimension requirements.
1. General Requirements. Minimum parking dimensions are established in Table 18.70- __ (Minimum Parking Space Dimensions). [Source: 18.55.080] Table 18.70__: Minimum Parking Space Dimensions
Land Use Type of Space Width x Length in Feet
Standard Space Compact Space
Residential Spaces in a garage or
carport
Uncovered 8.5 x 19 8 x 16
Nonresidential Perpendicular 8.5 x 19 8 x 16
All Parallel space 9 x 23 8 x 20
2. Residential Garages. A new garage or alteration to an existing garage in a residential zoning district shall conform to the following minimum dimensions: [Source:
18.55.150.B]
a. Single-car garage (internal dimensions): 10 feet by 22 feet with a nine-foot door opening. [Source: 18.55.150.B.1]
10.2.g
Packet Pg. 744
Chapter 18.70 Off-Street Parking and Loading
46 b. Double-car garage (internal dimensions): 20 feet by 22 feet with a one 16-foot door opening or two, nine-foot door openings. [Source: 18.55.150.B.2] c. Any garage structure with the garage door or driveway facing a property line shall be set back a minimum of 20 feet from that property line and/or from a private vehicular access easement. [Source: 18.55.150.D] d. No interior door shall open into a garage space unless the door fully opens without encroaching into the above specified areas. A preexisting garage that does not meet these dimensional requirements is not deemed a nonconforming use solely because of this nonconformity in accordance with Section 18.190.040 (Nonconforming Uses). [Source: 18.55.150.B.2]
3. Residential Carports. Each single carport shall measure nine feet by 19 feet. The width of the carport is measured from the inside face of the support to the inside face of the opposite support. The carport roof shall cover the entire 19-foot length of the space. [Source: 18.55.150.C]
4. Compact Parking Spaces. Compact car spaces may be provided as follows. [Source:
NEW]
a. Maximum Number of Spaces.
i. Residential Uses. Up to 50 percent of required guest parking spaces may be compact spaces. No required resident parking spaces shall be compact spaces. . [Source: 18.55.190.A]
ii. Nonresidential Uses. Up to 50 percent of required parking spaces may be compact spaces. [Source: 18.55.190.A]
b. Markings. Each compact parking spaces shall be clearly marked in letters reading “Compact” or “Compact Only”. [Source: 18.55.190.A] B. Relation to Parking Aisles. In addition to the parking space dimensions established in Table
18.70-__ (Minimum Parking Space Dimensions), all parking spaces shall comply with the following standards in relation to parking aisles. [Source: 18.55.190.B
1. Obstructions.
a. Any parking space adjoining a wall, column, or other obstruction with a height measuring more than six inches shall be increased by two feet on each obstructed side. See Figure 18.70-__ (Parking Spaces Adjoining Walls, Columns, and Other Obstructions).
b. If the obstruction does not abut the required aisle, the two-foot increase may be reduced by three inches for each one foot of unobstructed distance between the edge of a required aisle to the obstruction, measured parallel to the depth of the parking space. [Source: 18.55.190.B.1, modified]
10.2.g
Packet Pg. 745
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
47 Figure 18.70-__
Parking Spaces Adjoining Walls, Columns, and Other Obstructions
2. The driveway aisle providing access to the parking spaces from the street shall extend two feet beyond the end of the last parking space to allow for adequate vehicle movement. [Source: 18.55.190.B.2, modified]
C. Vertical Clearance. In covered parking areas, the vertical clearance for parking spaces shall be a minimum of seven feet. The following exceptions apply:
1. An entrance into a parking area may have a vertical clearance of 80 inches.
2. The vertical clearance of the front five feet of a parking space serving a residential use may be four and one-half feet. [Source: 18.55.190.C, modified] D. Wheel Stops. Wheel stops shall be required at all parking stalls where the end of the stall is less than two and one-half feet from a fence, wall, pedestrian walkway, tree, other vertical obstruction, or landscape area not protected by a vertical curb. This requirement can be waived or adjusted at the discretion of the City Engineer. When a parking space abuts a landscaped planter less than six inches high, the front two feet of the required length for a parking space may extend into the planter.[Source: 18.55.190.D]
A. Aisle widths adjoining parking spaces shall be in compliance with Table 18.70-__ (Minimum Parking Aisle Dimensions). [Source: 18.55.100.A]
10.2.g
Packet Pg. 746
Chapter 18.70 Off-Street Parking and Loading
48 18.70.110 Driveways and Site Access
A. Driveway Dimension Requirements. All driveways shall comply with the following dimensional requirements:
1. Driveway Width. Driveways shall comply with the following minimum widths based on the number of parking spaces. All driveways shall be measured at the gutterline.
Table 18.70-__: Minimum Parking Aisle Dimensions
Angle of
Parking
Parallel 20° 30° 40° 45° 50° 60° 70° 80° 90°
A. Curb
length
per
car
All 20′ 0′′ 22′
10′′
16′ 2′′ 12′ 8′′ 11′ 6′′ 10′ 9′′ 9′ 7′′ 8′ 10′′ 8′ 7′′ 8′ 6′′ B. Stall
depth
Small 8′6 ′′ 12′ 6′′ 14′ 6′′ 16′ 0′′ 16′ 8′′ 17′ 0′′ 17′ 7′′ 17′ 7′′ 17′ 1′′ 16′ 0′′ Large 9′ 0′′ 15′ 0′′ 17′ 4′′ 19′ 2′′ 19′
10′′
20′ 5′′ 21′ 0′′ 21′ 0′′ 20′ 5′′ 19′ 0′′
C. Aisle
width
All 12′ 6′′ 12′ 0′′ 12′ 0′′ 12′ 0′′ 13′ 0′′ 15′ 0′′ 18′ 0′′ 20′ 0′′ 25′ 0′′ 25′ 0′′ D. Depth
of two
stalls
Small – 18′ 0′′ 22′ 6′′ 26′ 4′′ 28′ 1′′ 31′ 3′′ 31′ 5′′ 32′ 8′′ 32′ 10′′
32′ 0′′
Large – 21′ 5′′ 26′
10′′
31′ 4′′ 33′ 2′′ 34′
11′′
37′ 5′′ 38′ 9′′ 39′ 0′′ 38′ 0′′
E. Depth
of two
stalls
plus
aisle
Small 27′ 0′′ 36′ 0′′ 40′ 0′′ 44′ 0′′ 46′ 4′′ 49′ 0′′ 53′ 2′′ 54′ 2′′ 58′ 2′′ 56′ 0′′ Large 30′ 0′′ 42′ 0′′ 46′ 8′′ 50′ 4′′ 53′ 8′′ 55′
10′′
60′ 0′′ 62′ 0′′ 65′ 8′′ 63′ 0′′
10.2.g
Packet Pg. 747
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
49 a. Residential Use (up to three spaces). Residential uses requiring up to three parking spaces shall have a driveway measuring at least 10 feet. [Source:
18.55.120.A]
b. Residential Use (four or more spaces). Residential uses requiring four or more parking spaces shall have a one-way driveway measuring at least 12 feet or a two-way driveway measuring at least 20 feet. [Source: 18.55.120.B] c. Nonresidential Use (less than 25 spaces). Nonresidential uses requiring less than 25 parking spaces shall have a one-way driveway measuring at least 12 feet or a two-way driveway measuring at least 20 feet. [Source: 18.55.120.C] d. Nonresidential Use (25 or more spaces). Nonresidential uses requiring less than 25 parking spaces shall have a one-way driveway measuring at least 15 feet or a two-way driveway measuring at least 26 feet. [Source:
18.55.120.C]
2. A new driveway shall not be placed on an arterial street unless other alternatives are unavailable. [Source: 18.55.150.A]
3. Vertical Obstruction Clearance. All driveways shall have an additional clearance of at least one-foot on each side of a vertical obstruction exceeding one-half foot in height. [Source: 18.55.120]
4. Multiple Driveways.
a. Number of Driveways.
i. Property with less than 200 feet of frontage on an arterial street is limited to one driveway. [Source: 18.55.110.A]
ii. Property with 200 feet or more of frontage is limited to two driveways. [Source: 18.55.110.A]
iii. Joint use of driveways with adjacent property may be required in all cases to reduce the total number of driveways along arterial streets, improve the flow of traffic and lower accident potential. [Source:
18.55.110.A]
b. Multiple driveways serving the same parking facility shall be located at least 35 feet apart. [Source: 18.55.120]
5. The Zoning Administrator in consultation with the City Engineer, may require driveways to be modified from the above widths where unusual traffic, grade, or site conditions prevail. The Zoning Administrator may also require driveways to be constructed with full curb returns and handicapped ramps as opposed to simple curb depression. [Source: 18.55.120]
B. Access Requirements.
1. Driveway Access. All required parking spaces shall have unobstructed access to the nearest driveway and comply with the following standards. [Source: 18.55.080]
10.2.g
Packet Pg. 748
Chapter 18.70 Off-Street Parking and Loading
50 a. No tandem parking, mechanical lifts, or other similar parking configurations are allowed to satisfy parking requirements established in this Chapter. [Source:
18.55.080]
b. All spaces in a parking facility shall be accessible without a vehicle needing to reenter a public right-of-way unless it is physically impossible to provide for such access. An alley may be used as maneuvering space for access to offstreet parking. [Source: 18.55.110.B]
2. Access Drives. Off-street parking facilities that do not abut a public street shall provide an access drive not less than 20 feet in width for two-way traffic, connecting the offstreet parking area with a public street. The access drive shall be paved in the manner required for off-street parking lots and may not traverse property in any residential zoning district unless the drive provides access to a parking area serving a use in a residential zoning district. [Source: 18.55.110.C]
3. Dead-End Access Driveway. A dead-end access or service driveway with a length of 150 feet or greater shall provide a turnaround consisting of at least one specifically designated parking space, or an equivalent alternative, as determined by the Zoning Administrator. [Source: 18.55.110.5]
4. Driveway Entrances.
a. All driveway entrances and exits are subject to the approval of the City Engineer. [Source: 18.55.110.E]
b. An entrance to a parking area accommodating more than 25 vehicles shall include a landscaped median strip. The design of the strip is subject to approval by the Planning Commission and the Architectural Review Commission. The strip shall be located to eliminate possible cross-traffic within the parking area within 50 feet of the public right-of-way. An applicant may request Zoning Administrator, Architectural Review Commission, or Planning Commission approval modifying this requirement based on the size of the parking area, the circulation plan, and sight and safety considerations. [Source: 18.55.110.F]
C. Circulation. Parking facilities shall be designed to comply with the following standards, where applicable, to promote effective and efficient circulation within parking lots [Source:
18.55.100.B]
1. Vehicles shall not enter a public right-of-way backwards, except for a single-family detached residence or a duplex where each unit is served by an individual driveway. [Source: 18.55.100.B.1]
2. Each preschool, day care center, private educational, institutional, or public recreational land use located in a residential zoning district or a commercial recreational facility shall include a drop-off area adjacent to a primary access or parking aisle. Drop-off areas, combined with accesses, shall have a minimum width of 12 feet for one-way traffic and 25 feet for two-way traffic. [Source: 18.55.100.B.2]
10.2.g
Packet Pg. 749
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
51 3. Parking lots shall provide a pedestrian walkway for every four parking aisles. [Source:
18.55.100.B.3]
18.70.120 Screening, Lighting, and Landscaping
A. Screening.
1. Nonresidential Uses (five or more spaces). A parking area with five or more parking spaces serving a nonresidential use shall be screened from an adjoining R zoning district or a ground-floor residential use by a solid concrete, solid wood, or masonry wall at least eight feet in height, constructed to withstand a 15-pound-per-square-foot wind load, except that the height of the wall adjoining a required front setback in a residential zoning district shall not exceed three feet.
2. Residential Uses (five or more spaces). A carport or open parking area with five or more parking spaces serving a residential use shall be screened from adjoining R district or a ground-floor residential use by a solid concrete, solid wood, or masonry wall at least six feet in height, except that the height of a wall or fence adjoining a required front setback in a residential zoning district shall not exceed three feet. [Source: 18.70.150.A]
B. Lighting. Lighting in outdoor parking lots shall be designed, installed, and maintained to prevent nighttime sky light pollution and promote energy efficiently by illuminating only areas or objects necessary for safety and security. All outdoor parking lots shall conform to the following lighting standards: [Source: 18.70.150.B]
1. Exterior light fixtures shall be full cutoff fixtures designed and installed so that no emitted light will break a horizontal plane passing through the lowest point of the fixture.
See Figure 18.70-__ (Light Design). [Source: 18.70.150.B.1] Figure 18.70-__
Light Design
2. Light fixtures shall not be mounted higher than 24 feet above finished grade. [Source:
18.70.150.B.2]
3. Light sources shall be directed downward and shall not directly shine onto any adjacent street or property.
4. Light Temperature (color). The maximum color temperature of any exterior light source shall not exceed 3,000 Kelvins. [Source: NEW]
10.2.g
Packet Pg. 750
Chapter 18.70 Off-Street Parking and Loading
52 5. Maximum Light Intensity. Light sources shall not exceed the following light intensity maximums:
a. Maximum light intensity adjacent to any residential property line or residential zoning district boundary line shall not exceed 0.2 footcandles as measured in the vertical plane at the property line to a height equal to the height of the light source. [Source: 18.70.150.B.3]
b. Maximum illumination on a nonresidential site, except automobile and vehicle/equipment sales lots and automobile service stations, shall not exceed 10 footcandles when measured at finished grade. [Source: 18.70.150.B.4] c. The maximum light intensity on automobile vehicle equipment sales lots and automobile service stations shall not exceed 30 footcandles, when measured at finished grade, unless a higher lighting intensity is approved through a Use Permit. All luminaries mounted on the under surface of service station canopies shall be a full cutoff fixture. [Source: 18.70.150.B.5] d. The maximum color temperature shall not exceed 3,000 Kelvin. [Source:
NEW]
6. When a nonresidential use is closed, all outdoor parking lot lighting shall be completely turned off or light levels dimmed to half of when the business is open (pre-curfew). If safety and security lighting is warranted, an occupancy sensing system, subject to approval by the Zoning Administrator, shall be installed to bring outdoor lighting to sufficient brightness to meet the need, then reset to the lower level after a predetermined time. [Source: 18.70.150.B.6]
18.70.130 Additional Design Standards for Parking Facilities The Zoning Administrator, as recommended by the City Engineer, may require parking facilities to have paving, drainage, wheel stops, lighting, space marking, directional signs, ramp grades, litter collection containers, fire equipment, and queuing space for drive-in facilities, or ticket-dispensing booths or machines. [Source: 18.55.160]
A. Parking areas may not be used for auto sales, storage, repair work, dismantling, or outdoor open sales displays. [Source: 18.55.160.A]
B. Drainage/Stormwater Runoff. [Source: 18.55.160.B]
1. Parking facilities shall comply with the City’s current National Pollutant Discharge Elimination System (NPDES) Permit requirements for the treatment of stormwater runoff in accordance with Chapter 15.05 (Stormwater Management and Discharge Control). [Source: 18.55.160.B.1]
2. Surface water shall be discharged to natural or engineered off-site drainage facilities and may not drain off or across public or private sidewalks, pedestrian walkways, or areas not designed as drainage facilities. All industrial uses shall be required to install oil/water separators and/or grease traps on storm drain inlets. [Source: 18.55.160.2] C. Surfacing. A driveway or parking area, serving either a residential or nonresidential development, shall be surfaced with concrete or two inches of asphalt concrete over six inches
10.2.g
Packet Pg. 751
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – October 2024
53 of aggregate base or comparable concrete. Each driveway shall be graded and drained to dispose of all surface water, as described in Subsection B, to an approved drainage facility. [Source: 18.55.160.C]
D. Markings. [Source: 18.55.160.E]
1. Each parking space and parking facility shall be identified by surface markings and shall be maintained in a manner so all parking spaces are readily visible and accessible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking, and storage of vehicles. Marking required to be maintained in a highly visible condition includes striping, directional arrows, lettering and field color on signs in handicapped-designated areas. [Source: 18.55.160.E.1]
2. One-way and two-way accesses into required parking facilities shall be identified by directional arrows. Any two-way access located at any angle other than 90 degrees to a street shall be marked with a traffic separation stripe the length of the access; this requirement does not extend to aisles. [Source: 18.55.160.E.2]
3. Where the exit may not be clearly recognizable, directional signage shall be provided. [Source: 18.55.160.E.3]
4. Double Line Striping. If deemed necessary by the Zoning Administrator, each parking space shall measure eight and one-half feet from center to center, with double stripes two feet apart, as shown in Figure 18.70-__ (Double Line Striping). [Source:
18.55.160.D]
Figure 18.70-__
Double Line Striping
18.70.140 Location and Design of Off-Street Loading Spaces A. Required off-street loading spaces shall be on the site of the use served or on an adjoining site. [Source: 18.55.170]
B. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Planning Commission. [Source: 18.55.170] C. A required loading space shall be accessible without backing a truck across a street property line unless it is determined infeasible by the Zoning Administrator and the alternative to back across a street property line is approved. [Source: 18.55.170]
10.2.g
Packet Pg. 752
Chapter 18.70 Off-Street Parking and Loading
54 D. An occupied loading space shall not prevent access to a required off-street parking space. [Source: 18.55.170]
E. A loading area shall not be located in a required front or street side setback. [Source:
18.55.170]
F. Except in a C or LI zoning district, a loading area visible from a street shall be screened on three sides by a fence, wall, or hedge at least six feet in height. [Source: 18.55.170]
10.2.g
Packet Pg. 753
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.75 Revised Preliminary Draft – October 2024
55 Chapter 18.75
Performance Standards
10.2.g
Packet Pg. 754
Chapter 18.75 Performance Standards
56 Chapter 18.75 Performance Standards
Sections
18.75.010 Purpose and Applicability
18.75.020 Noise
18.75.030 Vibration
18.75.040 Odors
18.75.050 Hazardous Materials
18.75.060 Heat and Humidity
18.75.070 Electromagnetic Interference
18.75.010 Purpose and Applicability
A. Purpose. All land uses, activities, and processes shall be operated and maintained to not be injurious to public health, safety, or welfare, and to comply with the standards in this Chapter. [Source: NEW]
B. Applicability. In addition to the City noise regulations established in Chapter 9.15 (Noise), the following performance standards shall apply to all activities and land uses in all zoning districts.
The standards of this Chapter are assessed at the time of a new project development. [Source:
18.50.060, modified]
18.75.020 Noise
A. Noise Measurement Criteria. Exterior noise levels shall be measured in decibels (dB) at the property line of the noise source. Noise shall be measured with a sound level meter which meets the standards of the American National Standards Institute (ANSI) Section S1.4-1979, Type 1 or Type 2. The unit of measure shall be designated as dB. A calibration check shall be made of the instrument at the time any noise measurement is made. Where noise is measured at the property line of abutting zoning districts, the noise standard for the more restrictive district shall apply. [Source: 18.50.060.A]
B. Maximum Noise Levels. No use, activity, or process shall exceed the ambient noise levels established in Table 18.75-__. [Source: 18.50.060.A]
10.2.g
Packet Pg. 755
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.75 Revised Preliminary Draft – October 2024
57 Table 18.75-__: Maximum Noise Standards by Zoning District C. Duration and Timing. The maximum noise standards established in Table 18.75-__ may be modified as follows to account for the effects of time and duration on the impact of noise levels:
[Source: 18.50.060.A.1]
1. In residential zones, the maximum noise level shall be five dB lower between 10:00 p.m. and 7:00 a.m. [Source: 18.50.060.A.1.a]
2. Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the maximum noise level by five dB. [Source: 18.50.060.A.1.b]
3. Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the maximum noise level by 10 dB. [Source: 18.50.060.A.1.c] D. Acoustic Study. The Zoning Administrator may require an acoustic study for any proposed project which could have or create a noise exposure greater than that deemed acceptable for public health and safety. [Source: 18.50.060.A.2]
E. Noise Attenuation Measures. The Zoning Administrator may require a project to include noise attenuation measures if deemed necessary to ensure that the noise standards established in this Section are not exceeded. [Source: 18.50.060.A.3]
18.75.030 Vibration
No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site. [Source: 18.50.060.B]
18.75.040 Odors
No use, activity, or process shall produce objectionable odors that are perceptible without instruments by a reasonable person at the property lines of a site. [Source: 18.50.060.C]
18.75.050 Hazardous Materials
The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and any other applicable laws. [Source: 18.50.060.D]
18.75.060 Heat and Humidity
No use, activity, or process shall produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the site on which they are situated, that cause significant distress, discomfort, or injury to a reasonable person. [Source: 18.50.060.E] Zoning District Maximum Noise Level Ldn or CNEL,
dB
Residential and Neighborhood Business Districts (R,
NB)
50 Commercial and Retail Business Districts (RB, C) 60
Office District (PAO) 65
Industrial District (LI) 70
Planned Development/Precise Plan District (PUD,
PPD)
Study Required
10.2.g
Packet Pg. 756
Chapter 18.75 Performance Standards
58 18.75.070 Electromagnetic Interference
No use, activity, or process shall cause electromagnetic interference with normal radio or television reception in residential zoning districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated. [Source: 18.50.060.F]
10.2.g
Packet Pg. 757
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
59 Chapter 18.80
Signs
10.2.g
Packet Pg. 758
Chapter 18.80 Signs
60 Chapter 18.80 Signs
Sections
18.80.010 Purpose and Applicability
18.80.020 General Standards
18.80.030 Permit Required
18.80.040 Exempt Signs
18.80.050 Prohibited Signs
18.80.060 Maximum Wall Sign Area
18.80.070 Specific Sign Standards
18.80.080 Sign Design Guidelines
18.80.090 Temporary Sign Standards
18.80.100 Master Sign Program
18.80.110 Minor Sign Adjustment
18.80.120 Major Sign Adjustment
18.80.130 Maintenance, Abandonment, and Obsolete Signs
18.80.140 Enforcement
18.80.010 Purpose and Applicability
A. Purpose. This Chapter establishes sign regulations to: [Source: 18.60.010]
1. Provide each sign user an opportunity for effective identification by limiting the number and area of signs allowed on all sites. [Source: 18.60.010.A]
2. Maintain and enhance the quality of the City’s appearance by limiting off-premises signs to avoid clutter. [Source: 18.60.010.B]
3. Enable users of goods and services to readily identify establishments offering services to meet their needs. [Source: 18.60.010.C]
4. Regulate the number and size of signs according to standards consistent with the types of establishments in each zoning district. [Source: 18.60.010.D]
5. Protect residential and recreational zoning districts from adverse impacts from excessive signs of adjoining nonresidential zoning districts. [Source: 18.60.010.E]
6. Provide fair and equitable regulations throughout the City. [Source: 18.60.010.F]
7. Provide substantial compliance with Citywide Sign Design Guidelines. [Source:
18.60.010.G]
8. Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads, and highways. [Source: 18.60.010.H]
10.2.g
Packet Pg. 759
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
61 9. Regulate signs in a manner so they do not physically interfere with or obstruct the vision of pedestrian or vehicular traffic. [Source: 18.60.010.I]
10. Avoid unnecessary and time-consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the City’s Building and Electrical Codes, while limiting the size and number of such signs so as to minimize visual clutter. [Source: 18.60.010.J]
11. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational, and other noncommunicative aspects of signs. [Source: 18.60.010.K]
12. Regulate signs in a constitutional manner, which is content-neutral as to noncommercial signs. [Source: 18.60.010.L]
B. Applicability. The standards of this Chapter apply to signs in all zoning districts. Only the signs authorized by this Chapter shall be allowed. [Sources: NEW]
18.80.020 General Standards
A. Owner’s Consent. The consent of the property owner or person in control or possession of the real property is required before any sign may be placed on any private property in the City. [Source: 18.60.015.A]
B. Noncommercial Signs. Noncommercial signs are subject to the same sign standards established in this Chapter as commercial signs. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this Chapter, all noncommercial speech messages are deemed to be “on site,” regardless of location. [Source: 18.60.015.B] C. Substitution of Noncommercial Message. A noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this Chapter. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved, or exempt from the approval requirements, and no structural or electrical change is made. Substituted messages are subject to the same design, locational, and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display), and all Building and Electrical Code requirements, as would apply if the sign were used to display a commercial message. [Source: 18.60.015.C]
18.80.030 Permit Required
A. General requirement. No temporary or permanent sign shall be erected or displayed without a Sign Permit or Temporary Sign Permit, unless the sign is exempt under Section 18.80.040 (Exempt Signs). See Chapter 18.130 (Sign Permit) and Chapter 18.135 (Temporary Sign Permit) for permit processes and procedures. [Source: 18.60.030.A] B. Removal, Modification, or Relocation. The Zoning Administrator may require the removal, modification, or relocation of an existing sign as a condition of Sign Permit or Temporary Sign Permit approval if one of the following is found to be true: [Source: 18.60.030.A]
10.2.g
Packet Pg. 760
Chapter 18.80 Signs
62 1. The proposed sign would be located on a site with an existing sign violation; or [Source:
18.60.030.A]
2. The approval of the Sign Permit or Temporary Sign Permit would result in a violation of the sign regulations established in this Chapter. [Source: 18.60.030.A]
18.80.040 Exempt Signs
The following signs are exempt from the regulations of this Chapter unless approved as part of a Master Sign Program under Section 18.80.110 (Master Sign Program). [Source: 18.60.020] A. Addresses and Name Plates. The following signs are intended to assist in identifying and locating a site.
1. Residential. Occupant name, street numbers, and street name signs as required by the Building Code or local fire protection district. [Source: 18.60.020.A]
2. Nonresidential. Signs for commercial, office, and industrial uses not over two square feet in area that display business information limited to business identification, addresses, hours of operation, phone numbers, accepted forms of payment, and trade associations. [Source: 18.60.020.J and 18.60.020.U]
3. Nonilluminated wall sign not over two square feet in area, displaying the name of the occupant or resident, or the address at the entrance of each business occupant space. [Source: 18.60.020.K]
B. Building Signs. Signs with the name of a building, date of erection, commemorative tablet, or similar content, when made of or carved into a permanent-type of material (e.g., stone, concrete, bronze, aluminum) and is an integral part of the structure. Such a sign may not exceed four square feet in area and may not be illuminated. [Source: 18.60.020.B] C. Construction Signs. Construction signs with a maximum total size of 24 square feet per individual frontage for commercial, office, and industrial zoning districts and 12 square feet per frontage for residential zoning districts. No freestanding construction sign shall exceed five feet in height. Construction signs shall be removed within 30 working days following the issuance of a Certificate of Occupancy. [Source: 18.60.020.C]
D. Directional or Informational Signs. On-site directional signs shall that meet all the following standards: [Source: 18.60.020.D]
1. Do not exceed one double-faced sign; [Source: 18.60.020.D]
2. Do not exceed four square feet in area; [Source: 18.60.020.D]
3. Do not exceed 80 inches in height measured from the ground to the bottom of the sign face area and 104 inches from the ground to the tallest portion of the sign. [Source:
18.60.020.D]
4. Does not include advertising material. [Source: 18.60.020.D] E. Door Signs. Exterior door signs in a nonresidential zoning district where the total area covered by signs (including exempt signs) is five square feet or less for each door. [Source:
18.60.020.E]
10.2.g
Packet Pg. 761
Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – October 2024
63 F. Flags. Official flags of the nation, the State of California, other states of the Nation, or City government flags mounted or flown no higher than the maximum building height of the underlying zoning district. [Source: 18.60.020.F]
G. Holiday Decorations. Holiday decorations, not advertising a product or sale, that are on display for a maximum of 60 consecutive days, no more than two times per calendar year. A holiday decoration that includes advertising is a regulated sign under this Chapter. [Source: