Pleasant Hill City Council
November 4, 2024

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Chapter 18.190 Nonconforming Provisions
32 18.190.040 Nonconforming Structures
A. Continuation and Maintenance. A structure that was lawfully erected but which does not conform with the current applicable requirements and standards for setbacks, height, or distance between structures established by the base zone district is a nonconforming structure and may be used and maintained, except as otherwise provided in this Chapter. A nonconforming structure is also subject to the Building Code and all other applicable provisions established in this Title [Source: 18.65.030.A]
B. General Regulations. The following regulations apply to each nonconforming structure:
[Source: 18.65.030.B]

1. Routine maintenance and repairs may be performed on a nonconforming structure. [Source: 18.65.030.B.1]

2. No nonconforming structure shall be altered or enlarged unless required by law, or unless the alteration or enlargement conforms to the standards of the base zoning district in which the structure is located. [Source: 18.65.030.B.2]

3. An applicant for a Zoning Permit in a nonresidential zoning district for occupancy of a site or structure that is nonconforming due to lack of one of the following shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The zoning administrator may require that priority be given to elimination of nonconformities that have a significant adverse impact on surrounding properties and shall not require a commitment to remove nonconformities that have a minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures. [Source: 18.65.030.B.3] a. screening of mechanical equipment;
b. required walls or fences to screen parking;
c. required paving for driveways; or
d. required planting areas.

C. Restoration.

1. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to the extent of 50 percent or less, the structure may be restored (and the nonconforming use resumed); provided, that restoration is started within six months and diligently pursued to completion. [Source: 18.65.030.C.1]

2. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to an extent greater than 50 percent, the structure shall not be restored except in full conformity with the regulations for the base zoning district in which it is located. However, a residential structure in a residential zoning district that does not conform to setbacks, height, or a residential garage that does not conform to the minimum dimensional limits may be reconstructed with the same floor area, provided there is no increase in any nonconformity, and upon issuance of a Use Permit in compliance with Chapter 18.xx (Use Permits). [Source: 18.65.030.C.2]

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Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – October 2024
33 3. The extent of damage or partial destruction under Subsection C.1 or C.2 of this Section shall be based upon the ratio of the estimated cost of restoring the structure to its condition before the damage or partial destruction to the estimated cost of duplicating the entire structure as it existed before the damage or partial destruction. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official. [Source: 18.65.030.C.3]

4. Notwithstanding the requirements of this Subsection C, a structure, or any portion of it, which is legally existing as of February 24, 2010, and which is located within a creek setback area established in Chapter 18.__ (Creek Setbacks) may be replaced in kind if the property owner obtains a Building Permit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a Use Permit. [Source: 18.65.030.C.4]

5. Notwithstanding the standards established in Section 18.xxx.xxx (Accessory Structure), an accessory structure, or any portion of it, which is legally existing as of September 28, 2011, which exceeds the allowable height and/or size only, may be replaced or reconstructed in kind without the requirement of a Use Permit if the property owner obtains a Building Permit within 18 months of the voluntary or involuntary destruction of the structure; and provided, that the replacement structure will not exceed the height, floor area, lot coverage, or otherwise increase the degree of nonconformity of the original structure. [Source: 18.65.030.C.5]

6. Notwithstanding the requirements of this Subsection C, a care facility, large, licensed or unlicensed, which is legally existing within any single-family residential zone district as of June 20, 2012, may be replaced in kind if the property owner obtains a Building Permit within 18 months (within the same building footprint and without increasing the degree of nonconformity or intensity of use) without the requirement of a Use Permit. [Source: 18.65.030.C.6]

18.190.050 Nonconforming Uses
A. Continuation and Maintenance. Use of a structure or land that was lawfully established and maintained, but which does not conform to current use regulations is a nonconforming use and may be continued, except as otherwise provided in this Chapter. A use that does not conform with the parking dimension standards, loading, planting area, or screening regulations of the base zoning district in which it is located is not deemed a nonconforming use solely because of these nonconformities. [Source: 18.65.020.A]
B. General Regulations. The following regulations apply to each nonconforming use: [Source:

18.65.020.B]

1. There may be no increase or enlargement of the area, space, or volume occupied and used. [Source: 18.65.020.B.1]

2. There may be no change in the nature or character of the nonconforming use. [Source:

18.65.020.B.2]

3. If the nonconforming use is replaced by a conforming use, the nonconforming use is automatically terminated. [Source: 18.65.020.B.3]

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Chapter 18.190 Nonconforming Provisions
34 4. If the nonconforming use discontinues active operation for a continuous period of 180 calendar days, the nonconforming use terminates and the facilities accommodating or serving such activity shall thereafter be used only for uses permitted or conditionally permitted by the base zoning district. This provision does not apply to a nonconforming dwelling unit. [Source: 18.65.020.B.4]
C. Modification of General Regulations. The regulations in Subsection B of this Section may be modified upon the issuance of a Use Permit in compliance with Chapter 18.XXX (Use Permits and Minor Use Permits), if the modification will result in the elimination or substantial reduction of the nonconformity. [Source: 18.65.020.C]
D. Restoration. A nonconforming use located in a nonconforming building may be resumed after the destruction of the nonconforming building if the nonconforming building is restored in compliance with Subsection 18.190.040.C (Restoration). [Source: 18.65.020.D] E. Revocation of Nonconforming Use. The Planning Commission may revoke the nonconforming use granted by Subsection A of this Section if it makes any of the following findings: [Source:

18.65.020.E]

1. The use is exercised so as to be detrimental to the public health or safety, or so as to be a public nuisance. [Source: 18.65.020.E.1]

2. The nature of the improvements are such that they can be altered so as to permit the use of the property in conformity with the uses permitted in the land use district in which the property is located without impairing the constitutional rights of the owner or occupant. [Source: 18.65.020.E.2]

3. The improvement which exists on the property is such that to require the property to be used only for uses permitted in the applicable land use district would not impair the constitutional rights of the owner or occupant. [Source: 18.65.020.E.3]

18.190.060 Nonconforming Signs
A. Continuation. A nonconforming sign or sign structure that was lawfully erected or displayed but that does not conform with currently applicable requirements is a nonconforming sign and may be displayed, except as otherwise provided in this Chapter. [Source: 18.65.040.A] B. General Regulations. The following regulations apply to each nonconforming sign: [Source:

18.65.040.B]

1. No nonconforming sign shall be moved or enlarged unless the new location or enlargement conforms to the regulations for the zoning district in which the sign is located. [Source: 18.65.040.B.1]

2. A nonconforming sign that has been more than 50 percent destroyed shall be removed.

A nonconforming sign that has been less than 50 percent destroyed, as determined by the Building Official (and the destruction is other than facial copy replacement), may be restored if construction begins within 90 calendar days of destruction. If construction does not begin within 90 calendar days, the owner shall remove the sign. [Source:

18.65.040.B.2]

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Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – October 2024
35 3. An owner of a nonconforming sign is required to make the sign conform to the requirements of this chapter if the owner proposes: [Source: 18.65.040.B.3] a. To alter the sign, other than a change in sign copy; or [Source:

18.65.040.B.3.a]
b. To expand or enlarge the building or land use where the sign is located, and the sign is affected by the construction, alteration or enlargement, and the cost of alterations to the sign exceeds 50 percent of the replacement cost of the sign, as determined by the Building Official. [Source: 18.65.040.B.3.b]

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Chapter 18.195 Noticing Requirements
36 Chapter 18.195
Noticing Requirements

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Part 5 – Zoning Ordinance Administration Chapter 18.195 Revised Preliminary Draft – October 2024
37 Chapter 18.195 Noticing Requirements
Sections

18.195.010 General Notice Requirements

18.195.020 Contents of Notice

18.195.030 Summary of Notice Requirements

18.195.010 General Notice Requirements
A. General. Whenever a public hearing is required to be held, notice of the public hearing shall be given in compliance with this Chapter. These requirements are based on the statutory requirements established in Government Code Sections 65090 and 65091. Unless stated otherwise, notice must be given at least 10 calendar days before the public hearing. [Source:

18.80.010]
B. In addition to the notices sent to the applicant and other property owners required by this Chapter and State law, notice shall also be mailed or delivered to any person who has filed a written request for notice with the City Clerk. The City may charge a fee which is reasonably related to the cost of providing this service. Requests for notice must be renewed annually. [Source: 18.80.010]
C. Notice shall also be sent to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. [Source: 18.80.010] D. The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given. [Source: 18.80.010] E. A public hearing conducted in compliance with this Chapter and State law may be continued from time to time to a specific date and time, without additional notice. [Source: 18.80.010] F. The Zoning Administrator may give notice of a public hearing in any other manner they deem necessary or desirable, or when the decision will constitute a substantial and significant deprivation of the property rights of other landowners. [Source: 18.80.010]

18.195.020 Contents of Notice
When a notice of a public hearing is required, the notice shall include the following information:

A. A general description (in text or by diagram) of the location of the property that is the subject of the hearing; [Source: 18.80.020.A]
B. A general explanation of the matter to be considered; [Source: 18.80.020.B] C. The date, time, and place of the public hearing; [Source: 18.80.020.C] D. The identity of the hearing officer or body; [Source: 18.80.020.D]

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Chapter 18.195 Noticing Requirements
38 E. A reference to application materials on file for detailed information; [Source: 18.80.020.E] F. A statement that any interested person may appear and be heard; and [Source: 18.80.020.F] G. Other information which is required by statute or specific provisions of this chapter or which the zoning administrator deems necessary or desirable. [Source: 18.80.020.G]

18.195.030 Summary of Notice Requirements
A. Notice of a public hearing shall be given for a particular matter in compliance with Table 18.195- x (Summary of Notice Requirements). [Source: 18.80.030] B. All notices shall be published at least once in a newspaper of general circulation, at least 10 calendar days before the public hearing. [Source: 18.80.030] C. Alternative Noticing. In compliance with Government Code Section 65091, if the number of property owners to whom notice would be mailed is greater than 1,000, the City may instead provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City, at least 10 calendar days before the hearing.

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Part 5 – Zoning Ordinance Administration Chapter 18.195 Revised Preliminary Draft – October 2024
39 Table 18.195-__
Summary of Notice Requirements
Action Published
Notice
Notice Mailed to
Applicant
Notice Mailed to
Owners Within
300 Feet
Notice Mailed to
Residents
Within 300
Feet(1)
Adult Use
Development
Permit

X X X X
Amendment,
Zoning Ordinance

X X X X
Amendment,
Zoning Map

X X X X
Architectural
Review Permit
– X – –
Creek Setback
Exception
– X X X
Development
Agreement
X X X –
Development Plan O X X X
Exception, Minor – X(3) X(3) X(3)
Home Occupation
Permit

O X X X
Master Sign
Program
– X – –
Sign Permit – X – –
Sign Permit,
Temporary
– – – –
Subdivision, Major O X X X
Subdivision, Minor O X X X
Use Permit O X X X
Use Permit, Minor – X X –
Use Permit,
Temporary
– O O –
Variance X X X X
Variance, Minor – X X –
Wireless
Communication
Facility “Section
6409(a)” Permit
– X X –
Zoning Permit – – – –
(-) Not Required
(X) Required
(O) Optional; if deemed significant by Zoning Administrator (1) Pursuant to Government Code section 65091, if the number of owners to whom notice would be mailed is greater than 1,000, the city may instead provide notice by placing a display advertisement of at least oneeighth page in a newspaper of general circulation in the city, at least 10 days before the hearing.(2) Notice shall be given to each resident within 300 feet of the applicant’s property, and to the applicant’s homeowner’s association, if there is one. However, if an apartment, condominium, or other multi-family housing complex exists within the 300-foot radius, notice may be given only to the resident manager, management firm, or owner, in lieu of sending notice to each resident of the complex. (3) The Zoning Administrator shall, within 20 calendar days after the application is deemed complete, notify all residents and property owners within 300 feet of the project site, and the Planning Commission and City Council, that a decision will be made by the Zoning Administrator to approve or deny the Minor Exception application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with this Chapter.

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Chapter 18.195 Noticing Requirements
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1 18 – Zoning Code
Part 6 – Definitions and Land Use
Classifications

REVISED PRELIMINARY DRAFT
OCTOBER 2024SEPTEMBER 2024
Table of Contents
CHAPTER 18.190 LAND USE CLASSIFICATIONS ........................................................................ 4

18.190.010 Purpose and Applicability............................................................................................... 4

18.190.020 Accessory Land Use Classifications .............................................................................. 4

18.190.030 Commercial Land Use Classifications............................................................................ 4

18.190.040 Industrial Land Use Classifications ................................................................................ 9

18.190.050 Public and Semi-Public Land Use Classifications........................................................ 10

18.190.060 Residential Land Use Classifications ........................................................................... 13

18.190.070 Temporary Land Use Classifications ........................................................................... 17 CHAPTER 18.195 DEFINITIONS.................................................................................................... 20

18.195.010 “A” Definitions............................................................................................................... 21

18.195.020 “B” Definitions............................................................................................................... 23

18.195.030 “C” Definitions............................................................................................................... 24

18.195.040 “D” Definitions........................................................................................................... 2726

18.195.050 “E” Definitions........................................................................................................... 2827

18.195.060 “F” Definitions ........................................................................................................... 2928

18.195.070 “G” Definitions .............................................................................................................. 30

18.195.080 “H” Definitions........................................................................................................... 3130

18.195.090 “I” Definitions ............................................................................................................ 3130

18.195.100 “J” Definitions ........................................................................................................... 3231

18.195.110 “K” Definitions........................................................................................................... 3231

18.195.120 “L” Definitions ........................................................................................................... 3231

18.195.130 “M” Definitions .......................................................................................................... 3635

18.195.140 “N” Definitions........................................................................................................... 3635

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Chapter 18.190 Land Use Classifications
2 18.195.150 “O” Definitions .......................................................................................................... 3736

18.195.160 “P” Definitions........................................................................................................... 3736

18.195.170 “Q” Definitions .......................................................................................................... 3837

18.195.180 “R” Definitions........................................................................................................... 3837

18.195.190 “S” Definitions........................................................................................................... 4039

18.195.200 “T” Definitions ........................................................................................................... 4442

18.195.210 “U” Definitions........................................................................................................... 4443

18.195.220 “V” Definitions........................................................................................................... 4443

18.195.230 “W” Definitions.......................................................................................................... 4443

18.195.240 “X” Definitions........................................................................................................... 4443

18.195.250 “Y” Definitions........................................................................................................... 4443

18.195.260 “Z” Definitions ........................................................................................................... 4544

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Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – October 2024September 2024
3 Chapter 18.190
Land Use Classifications

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Chapter 18.190 Land Use Classifications
4 Chapter 18.190 Land Use Classifications
Sections

18.190.010 Purpose and Applicability

18.190.020 Accessory Land Use Classifications

18.190.030 Commercial Land Use Classifications

18.190.040 Industrial Land Use Classifications

18.190.050 Public and Semi-Public Land Use Classifications

18.190.060 Residential Land Use Classifications

18.190.070 Temporary Land Use Classifications

18.190.010 Purpose and Applicability
This Chapter provides definitions for the uUse classifications describe land uses and activities having similar characteristicsestablished in Part 2 (Zoning District Regulations and Development Standards).

The use classifications are organized in the following general categories: following use classifications are included: accessory, commercial, industrial, public and semi-public, residential, and temporary. residential, public and semipublic, commercial, industrial, accessory and temporary. If a specific land use or activity is not listed, but is substantially similar in character to the other uses within a classification, it is at the discretion of the Zzoning Aadministrator may to determine which classification shall applythat the use or activity is within a classification. Use classifications not listed are prohibited unless authorized by Zoning Administrator.

18.190.020 Accessory Land Use Classifications
Accessory uses. A Uses incidental to the principal permitted or a conditionally permitted use on a site and customarily found on the same site.This classification includes accessory dwelling units and home occupations.

18.190.030 Commercial Land Use Classifications
Adult business. An establishment or concern which, as a regular and substantial course of conduct, offers, sells, or distributes adult-oriented merchandise, or which offers to its patrons materials, products, merchandise, services, entertainment or performances that depict, describe, or relate to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts. (Reference: PHMC Chapter 18.70.)See Chapter 18.50 (Adult Uses).

Ambulance service. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.

Animal sales and services.

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Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – October 2024September 2024
5 1. Animal boarding. Provision of shelter and care for small animals on a commercial basis and large animals on a commercial or noncommercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

2. Animal clinic. Facility which provides grooming, training or other services to animals, including veterinary services on an outpatient basis with no overnight boarding.

3. Animal day care. An establishment that provides care for two or more small animals on a commercial basis, primarily within an enclosed building, with no overnight boarding.

4. Animal grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of 48 hours.

5. Animal hospital. An establishment where small animals receive medical and surgical treatment, including grooming and boarding of animals for no more than 30 days if incidental to the hospital use and limited to animals receiving medical care.

6. Animals: retail sales. Retail sales and boarding of small animals, provided such activities take place entirely within an enclosed building. This classification includes grooming if incidental to the retail use.

7. Riding academy. An establishment offering facilities for instruction in horseback riding, including rings, stables, and exercise areas.

Artists’ studios. Work spaceWorkspace for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.

Automobile maintenance, limited. An establishment engaged in the limited maintenance of automobiles, including, but not limited to, the replacement and refurbishment of motor vehicle fluids (excluding fuel), chassis lubrication, minor tune-ups, smog inspection, and window tint installation, or other similar maintenance of automobiles and light vehicles, excluding washing of the vehicle, waxing, and other cleaning or surface treatment of the vehicle, and those services described under the “automobile, vehicle and equipment repair” use classification.

Automobile service station. An establishment engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories. This classification includes incidental sales of retail products. This also includes maintenance and repair of automobiles when performed in conjunction with the sale of gas or diesel fuel and vehicle washing but excludes body and fender work or repair of heavy trucks or vehicles.

Automobile, vehicle/equipment broker. An office use providing assistance to third parties seeking to buy or sell vehicles or equipment. This classification does not include on-site storage, display or maintenance of vehicles.

Automobile, vehicle/ and equipment repair. Repair of automobiles, trucks, motorcycles, motor homes or recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shop, body and fender shop, wheel and brake shop, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping.

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Chapter 18.190 Land Use Classifications
6 • With body and fender work. Automobile, vehicle/equipment repair establishments that includes repair of body and fender work.

Automobile, vehicle/equipment sales and rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including storage, incidental repair and maintenance, and other activities accessory to the primary automobile vehicle/equipment sales and rentals, including but not limited to wholesale vehicle sales, unless such accessory uses are expressly limited or prohibited by the terms of the approval issued for the use.

Automobile, vehicle/equipment wholesaler. Wholesaler of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including on-site storage and incidental maintenance.

Automobile washing and exterior protection. Washing, waxing, or cleaning of automobiles or similar light vehicles and the installation of exterior body wraps, coating and protective film, excluding exterior paint.

Banks and savings and loans. A financial institution that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of money, including businesses offering check-cashing facilities. • With drive-up service. Institutions providing services accessible to persons who remain in their automobiles.

Building materials and services. Retailing, wholesaling, or rental of building supplies or equipment.

This classification includes a lumber yard, tool and equipment sales or rental establishment, and building contractors’ yard, but excludes an establishment devoted exclusively to retail sales of paint and hardware and activities classified under vehicle/equipment sales and services, including vehicle towing services.

Cannabis retailer. means a A facility or premises located in the city where cannabis or cannabis products, in any amount or form, either individually or in combination, are offered or provided for retail sale or other sales or transfer to consumers. A cannabis retailer includes an establishment that delivers cannabis as part of a retail sale. The term “cannabis retailer” includes the following subtypes:

1. Cannabis retailer, medical. A cannabis retailer selling medicinal cannabis and medicinal cannabis products to qualified patients with valid physicians’ recommendations, persons with an identification card, and primary caregivers, as each is defined in Health and Safety Code Ssection 11362.7, as amended. A medical cannabis retailer includes a medical marijuana dispensary.

2. Cannabis retailer, adult-use. A cannabis retailer selling adult-use cannabis and cannabis products for adults 21 years of age and over.

Cardroom. A gaming club as defined in Business and Professions Code Ssection 19802.

Catering services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also “Eating and drinking establishment”.) Commercial filming. Commercial motion picture or video photography at the same location for more than six days per quarter of a calendar year.

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Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – October 2024September 2024
7 Commercial parking facility. Lot offering parking to the public for a fee.

Commercial recreation and entertainment. Provision of participant or spectator recreation or entertainment. This classification includes a bingo parlor, bowling alley, billiard parlor, poolroom, ice/roller skating rink, scale-model course, tennis/racquetball court, croquet court, swim club, pinball arcade or electronic games center, and similar uses.

1. Regulated games. Cardrooms.

Communications facility. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, butmechanisms but excluding major utilities. This classification includes radio, television, or recording studios; telephone switching centers; and data centers.

Eating and drinking establishments. Business serving prepared food or beverages for consumption on or off the premises. Typical uses include, but are not limited to, restaurants, fast food establishments, bars, coffee houses, ice cream/yogurt establishments, and juice bars. (See also Live entertainment.)

1. With drive-through service. Service from a building to persons in vehicles through an outdoor service window.

2. With live entertainment/dancing inside building. See “Live entertainment.”

3. With outdoor seating. Seating Eating and drinking establishments with seating for patrons outside the buildingfor more than 12 persons outdoors.

Equipment and appliance maintenance and repair services. An establishment providing repair services for personal items and small equipment, such as electronics, appliances, and office machines repair. This classification excludes maintenance and repair of vehicles. (See “Automobile, vehicle and equipment repair”)
Firearm sales. The sale, transfer, lease, or offer for sale or lease of a firearm. For purposes of this chapter, firearm sales shall include sale of ammunition, and the terms “firearm” and “ammunition” shall have the same meanings as set forth in PHMC §Section 9.35.020 of the Municipal Code. See also “Retail sales.”
Fitness studio. An establishment providing exercise and physical conditioning services.

Food and beverage sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include a supermarket, grocery, convenience store, liquor store, or delicatessen. Establishments at which 20 percent% or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as “catering services” or “eating and drinking establishments”.

Funeral and interment services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human dead. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

Horticulture, limited. The raising of vegetables, flowers, ornamental trees, and shrubs as a commercial enterprise. “Horticulture” does not include the planting, growing, harvesting, drying, curing, grading, or trimming of marijuanacannabis, as defined in California Health and Safety Code Ssection 11018.

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Chapter 18.190 Land Use Classifications
8 Hotel. An establishment offering transient lodging on a less than weekly basis where immediate access to rooms is from a fully enclosed area not directly accessible from parking areas on the lot and providing additional services, such as conference and meeting rooms, restaurant, bar, or recreation facilities.

Laboratory. An establishment providing medical or dental laboratory services (including specimen collection facilities) or an establishment with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as limited “industry, limited.” Live entertainment. Live performance for the purpose of amusing a guest or patron, on a regular scheduled basis, regardless of whether the performers are compensated.

1. Type A. Does not include sound amplification and does not occur between 10:00 p.m. and 9:00 a.m.

2. Type B. Includes sound amplification or occurs between the hours of 10:00 p.m. and 9:00 a.m.

3. Type C. Nightclub or any other commercial establishment with dancing or musical entertainment as the primary use, with food and drink service as the ancillary use.

Maintenance and repair services. An establishment providing off-site repair services for personal items and small equipment, such as appliances and office machines repair, or building maintenance services. This classification excludes maintenance and repair of vehicles; see “Automobile, vehicle and equipment repair.”
Maintenance services establishment. An office establishment providing maintenance and repair services for residential and commercial properties, including businesses such as tree maintenance, pool maintenance, pest extermination services and similar uses. This classification excludes maintenance and repair of vehicles. (See “Automobile, vehicle and equipment repair”) Medical marijuana dispensary. As used herein the term “medical marijuana dispensary” or “dispensary” means any facility or location where medical marijuana is made available to and/or distributed by or to two or more persons in the following categories: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code section 11362.5 et seq. A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code section 11362.5 et seq. and the Pleasant Hill Municipal Code, including but not limited to this Title.

Motel. An establishment offering transient lodging on a less than weekly basis primarily for automobile travelers where a majority of the sleeping units have access directly from parking areas. This classification includes a motor lodge and tourist court.

Nursery. An establishment primarily engaged in the retail sale of plants grown elsewhere. Merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and compost, mulch, soil additives, and fertilizer of any type are stored and sold in package form only.

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Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – October 2024September 2024
9 Offices, gGeneral. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment, law office, or bail bonds. This classification excludes banks and savings and loan associations.

Offices, mMedical. Offices for a physician, dentist, medical practitioner, psychiatrist, psychologist, acupuncturist, optometrist, chiropractor, or other State of California Medical Board licensed physician or surgeon, including (1) medical/dental laboratories incidental to the medical office use and (2) nonmedical counseling uses.

Pawn shops. An establishment engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.

Personal improvement service. Provision of instructional, educational, or training services or facilities, including photography, fine arts, crafts, dance or music studio (but not including gyms and fitness studios), driving school, business and trade school, diet center, reducing salon, and similar uses.

Personal services. Provision of recurring services of a personal nature. This classification includes a barber or beauty shop, massage, acupressure, tattoo, tanning, seamstress, tailor, shoe repair, dry cleaning agency (excluding dry cleaning plants), photocopying, Internet access facilities (without food or drink service), self-service laundry, and similar uses.

Pharmacy. An establishment where prescription drugs and medicines are sold and dispensed.

Research and development services. An establishment primarily engaged in industrial or scientific research, including limited product testing. This classification includes an electronics research firms or and pharmaceutical research laboratoriesy, but excludes manufacturing, except of prototypes, or medical testing and analysis.

Retail sales. An establishment engaged in retail sales of goods, including , but not limited to, the retail sale of merchandise not specifically listed under another use classification established in this Chapter.

This classification includes, but is not limited to, a department store, clothing store, secondhand store, furniture store, and business retailing the following goods as examplessuch as: toys, hobby materials, groceries, hand-crafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, baseball cards, coins and other collectibles (e.g., cards, or comics), comics, paint and wallpaper, carpeting and floor covering, medical supplies, office supplies, bicycles, and new automotive parts and accessories (including installation, but excluding service activities).

Theater. An establishment providing facilities for motion pictures or dramatic or musical performances and concerts.

Travel services. An establishment providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies.

18.190.040 Industrial Land Use Classifications
Fuel storage and distribution. Establishment engaged in storage and bulk distribution of petroleumbased fuels, including gasoline and diesel fuel and natural gas. This classification excludes automobile service stations.

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10 Industry, custom. Establishment primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment.

1. Small-scale. Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on site. Typical uses include custom bookbinding, ceramic studios, candle-making shops, and custom jewelry manufacture.

2. Artisan/custom product. An establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery, and other ceramics, as well as small glass and metal art and craft products, where any retail sales are incidental to the manufacturing activity.

Industry, limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes bakeries, breweries, dry cleaning plants, printing, and businesses engaged in processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services. • Small-scale. Limited to a maximum gross floor area of 5,000 square feet.

Research and development industry. An eEstablishment primarily engaged in the research, development, and controlled production of high-technology electronic, industrial, or scientific products or commodities for sale. This classification also includes uses such as a biotechnology firm, manufacturer of nontoxic computer components, and uses involving personal fitness science and technology.

Vehicle storage facilityies. Facilities for transportation vehicles (taxi, limousine, bus) including storage yards with related office, dispatch, and maintenance facilities. This includes storage of parking towaways, impound yard, and storage lot for automobiles, trucks, buses, and recreational vehicles.

Warehousing and storage, limited. Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification excludes wholesale distribution and storage, and vehicle storage.

Wholesale distribution and storage. Establishment engaged in bulk sales of goods primarily to other vendors, with distribution and storage facilities without direct public access.

18.190.050 Public and Semi-Public Land Use Classifications Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of the cemetery.

Clubs and lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs, and youth centers.

Community center. A publicly owned facility used for meeting, recreational, or social events.

Cultural institution. Public or nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries.

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Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – October 2024September 2024
11 Day care, general. Provision of nonmedical care for more than 14 persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day care centers for children. A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age child care centers. (Government Code Sections §§ 65915(i)(4), 65017.5(a)(1)).

Emergency medical care facility. A healthcare establishment that provides immediate medical treatment and care to individuals suffering from urgent, acute illnesses or injuries that require prompt attention. These facilities operate on a 24-hour basis, offering services such as emergency diagnosis, stabilization, and, when necessary, immediate interventions to prevent the deterioration of health. An emergency medical care facility may include, but is not limited to, emergency rooms, urgent care centers, trauma centers, and other specialized emergency care units. These facilities are staffed by licensed healthcare professionals, including physicians, nurses, and other medical personnel trained in emergency medicine.

Government office. Administrative, clerical, or public contact office of a government agency, including a postal facility, together with incidental storage and maintenance of vehicles.

Maintenance and service facility. A Government fFacility providing maintenance and repair services for vehicles and equipment and areas for storage of equipment and supplies. This classification includes corporation yards, equipment service centers, and similar facilities.

Park and recreational facility. Noncommercial park, playground, recreation facility, open space, commercial tennis/swimming club, golf course, driving range or swim club, or similar facility.

Public safety facility. A facility that provides public safety and emergency services, including, but not limited to, police and fire protection, whether provided by a public entity or by a private entity under contract to a public entity.
• Public safety facility, Ooffender rehabilitation services. Establishments primarily engaged in providing post-conviction and/or post-incarceration follow-up services to individuals and/or groups, including, but not limited to: social services, counseling, monitoring, compliance verification, testing, referrals, and/or other similar follow-up services.

Religious Place of assembly. A facility for religious worship and incidental religious education, but not including a private schoolintended for public or private assembly and meetings, including but not limited to civic auditoriums and theatres, banquet halls, community and civic centers, conference and convention facilities, meeting halls for clubs and other membership organizations, and places of worship.

Residential Care facility, large, licensed. Any one of the following residential or nonresidential care facilities, which serves seven or more residents (or clients):

1. A health facility, as defined at Health and Safety Code Ssection 1250, including general acute care hospital; acute psychiatric hospital; skilled nursing facility; intermediate care facility; intermediate care facility/ developmentally disabled – rehabilitative; special hospital; intermediate care facility/developmentally disabled; intermediate care facility/developmentally disabled – nursing; congregate living health facility; correctional treatment center (including inpatient health services and not including facilities providing offender rehabilitation services); nursing facility; and intermediate care facility/developmentally disabled – continuous nursing.

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12 2. A community care facility, as defined at Health and Safety Code Ssection 1502, including:
residential facility; adult day program; therapeutic day services facility; foster family agency; foster family home; small family home; social rehabilitation facility; community treatment facility; full-service adoption agency; noncustodial adoption agency.

3. A residential care facility, as defined at Health and Safety Code Ssection 1568.01 as a residential care facility for persons with chronic, life-threatening illnesses who are 18 years of age or older, or are emancipated minors, and for family units.

4. A residential care facility for the elderly, as defined at Health and Safety Code Ssection 1569.2(k) as a housing arrangement chosen voluntarily by persons 60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.

5. A pediatric day health and respite care facility, as defined at Health and Safety Code Ssection 1760.2 as a facility which provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology dependent children.

6. An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code Ssection 11834.02, licensed by the Sstate.

Residential Care facility, large, unlicensed. A residential facility, not licensed by the Sstate, in which seven or more individuals with a disability reside who are not living together as a family (as defined) and in which every person residing in the facility is an individual with a disability (except the licensee, members of the licensee’s family, or persons employed as facility staff).

School.

1. School, college and university. A public or private post-secondary institution for higher learning that grants associate or bachelor’s degrees and may also have research facility and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges, public or private colleges and universities, and technical schools.

2. School, public or private Privately owned and operated elementary, middle, secondary, or high school, or other institution providing academic instruction for students from kindergarten through 12th grade in compliance with the California Education Code.Facility for primary or secondary education, including elementary, junior high and high school and private institution having a curriculum comparable to that required in the public schools of the State of California.

2.3. School, technical, trade and vocational. A public or private post-secondary school providing occupational, job training, or recreational activities. Recreational activities include music, dance, or martial arts, or art lessons.

Senior housing. Housing that is available only to households in which the head of the household is 55 years of age or older, and which is not a residential care facility (small or large) as defined elsewhere in this sectionChapter.

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13 Utilities, major. Generating plant; electrical substation; above-ground electrical transmission line; switching building; refuse collection and transfer station; processing, recycling or disposal facility; water reservoir; flood control or drainage facility; water or wastewater treatment plant; transportation or communications facility (other than a communication facility as defined in this Chaptersection); and similar facility of a public agency or public utility.

Utilities, minor. Utility facilities that are necessary to support established uses and involve only minor structures such as electrical distribution lines and underground water and sewer lines, and small recycling collection facilities.

Wireless telecommunications facility. A facility that may include but is not limited to a support structure and attached antennas that sends and/or receives radio frequency signals. This includes antennas and all types of equipment for the transmission or receipt of such signals; telecommunications towers or similar structures built to support such equipment, wall-mounted facilities, microwave transmitting and receiving equipment, equipment cabinets and all other related accessory equipment.

18.190.060 Residential Land Use Classifications
Accessory dwelling unit. An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family primary dwelling unit is situated. An accessory dwelling unit also includes: (1) an efficiency unit, as defined in Health and Safety Code Ssection 17958.1, and (2) a manufactured home, as defined in Health and Safety Code Ssection 18007. (Reference: PHMC § 18.20.095.) See Section 18.15.050 (Accessory Dwelling Units).

Junior aAccessory dwelling unit, junior. A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. See Section

18.15.050 (Accessory Dwelling Units).

Bed and breakfast. An establishment offering lodging (with or without incidental meal and/or beverage service) in a single-family residential building and in conjunction with a single-family residential use, for short-term stays of less than 30 consecutive calendar days.

Boarding and lodging. The renting of a room or rooms within an existing single-family dwelling where:
(1) a bedroom or bedrooms are rented, with a separate rental agreement for each room, not for the entire dwelling; (2) for a minimum of 30 consecutive calendar days; (3) with the common use of kitchen facilities; and (4) those occupying the bedroom or bedrooms do not function as a family as defined in PHMC § 18.140.010 Section 18.195.070 (“F” Definitions).

Care facility, large, licensed. Any one of the following residential or nonresidential care facilities, which serves seven or more residents (or clients):

1. A health facility, as defined at Health and Safety Code section 1250, including general acute care hospital; acute psychiatric hospital; skilled nursing facility; intermediate care facility; intermediate care facility/ developmentally disabled – rehabilitative; special hospital; intermediate care facility/developmentally disabled; intermediate care facility/developmentally disabled – nursing; congregate living health facility; correctional treatment center (including inpatient health services and not including facilities providing offender rehabilitation services); nursing facility; and intermediate care facility/developmentally disabled – continuous nursing.

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14 2. A community care facility, as defined at Health and Safety Code section 1502, including:
residential facility; adult day program; therapeutic day services facility; foster family agency; foster family home; small family home; social rehabilitation facility; community treatment facility; full-service adoption agency; noncustodial adoption agency.

3. A residential care facility, as defined at Health and Safety Code section 1568.01 as a residential care facility for persons with chronic, life-threatening illnesses who are 18 years of age or older, or are emancipated minors, and for family units.

4. A residential care facility for the elderly, as defined at Health and Safety Code section 1569.2(k) as a housing arrangement chosen voluntarily by persons 60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.

5. A pediatric day health and respite care facility, as defined at Health and Safety Code section 1760.2, as a facility which provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology dependent children.

6. An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code section 11834.02, licensed by the state. Care facility, large, unlicensed. A residential facility, not licensed by the state, in which seven or more individuals with a disability reside who are not living together as a family (as defined) and in which every person residing in the facility is an individual with a disability (except the licensee, members of the licensee’s family, or persons employed as facility staff).

Cottage food operations. An enterprise that has not more than $50,000 in gross annual sales; operated by a “cottage food operator” (who operates in his or her private home and owns the operation); and having not more than one full-time equivalent employee, not including a family or household member; that involves preparation of “cottage food products” which are nonhazardous foods such as baked goods without cream or meat fillings; candy; chocolate-covered nonperishable foods; dried fruit; dried pasta; dry baking mixes; fruit pies; granola, cereals and trail mixes; herb blends and dried mole paste; honey; jams, jellies, preserves; nut mixes and nut butters; popcorn; vinegar and mustard; roasted coffee and dried tea; waffle cones and pizelles; other items added by the State Public Health Officer on an approved food products list (Health and Saf. Code § 113758).

Emergency homeless shelter. Temporary housing, including interim intervention facilities (i.e., navigation centers, bridge housing, respite or recuperative care), Housing with minimal supportive services for homeless displaced persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (Health and SafSafety. Code Section§ 50801(e)).

Employee housing. Privately owned housing which houses up to six employees in living quarters and is provided in connection with any work, whether rent is involved. Employee housing is subject to the provisions of the Employee Housing Act. In compliance with the Government Code, employee housing, as defined herein, shall be deemed a single family land use and shall be regulated as such for the purposes of this Title.

Employee housing, agricultural. Housing consisting of no more than 36 beds in a group quarter or 12 units or spaces designed for use by a single family or household, or that is approved in compliance

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Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – October 2024September 2024
15 with Government Code Section 17021.8, shall be deemed an agricultural land use for the purposes of this Title.

Family day care home. A facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away and is either a large family day care home or a small family day care home, as defined in Health and Safety Code section 1596.78, including:. A family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a multifamily dwelling in which the underlying zoning district allows for residential uses. A family day care home is where the day care provider resides and includes a dwelling that is rented, leased, or owned.

1. Day care home, small family means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code section 1597.44 and as defined in regulations; and [Source:

18.15.020]

2. Day care home, large family means a facility that provides care, protection, and supervision for seven to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code section 1597.465 and as defined in regulations. [Source: 18.15.020]

8. A small family day care home or large family day care home includes a detached singlefamily dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home or large family day care home is where the day care provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.

Group residential. Shared living quarters, in multi-family zoninge districts, with or without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, dormitories, and private residential clubs, but excludes care facilities.

Home occupation. A home occupation is an ongoing activity in a dwelling which provides goods or services where such activity is incidental to the primary use of the dwelling for residential purposes.

See also “Cottage food operations.” (Reference: PHMC § 18.20.070.) Low barrier navigation center. Housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing.

Mobile or manufactured housing. A structure intended for human habitation manufactured or constructed under authority of 42 U.S.C. Sec 5403, Federal Manufactured Home Construction and Safety Standards, or California law (Health and Safety Code Sections 18007 and 18008). The structure is manufactured either in whole or in substantial part at an off-site location, transported to and assembled on-site, and placed on a permanent foundation.

Mobile home park. Any area of land or property that has at least two mobile homes, manufactured homes, recreational vehicles, and/or lots that are held out for rent or lease.

Multi-family residential. Two or more dwelling units on a site.

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16 • Two-Unit Dwelling (Duplex). A residential building designed to accommodate two separate households/living units. These units are usually side by side, sharing a common wall, or stacked one above the other, with each unit having its own entrance and often its own yard or outdoor space.
• Three-Unit Dwelling (Triplex). A residential building designed to accommodate three separate households/living units, each with its own entrance and often separate facilities.

Triplexes can be arranged in various configurations, such as side-by-side, stacked, or a combination of these layouts.
• Four-Unit Dwelling (Fourplex or Quad). A residential building designed to accommodate four separate households/living units, each with its own entrance and amenities. These units can be arranged in different layouts, including all on one floor, stacked in two or more levels, or in a combination of these configurations.
• Multi-Unit Dwelling (Over Five Units). A residential building or complex containing more than five separate living units. This category includes apartment buildings, condominiums, and larger residential complexes with various layouts and shared amenities such as common areas.

Residential cCare facility, small, licensed. A facility which serves (2) serving six or fewer residents (not including the licensee or members of the licensee’s family or staff), (3) and is licensed by the Sstate. Any combination of two or more residential care facilities that are under the control and management of the same owner, operator, management company, licensee, or any affiliate of them, and are integrated components of one operation, are considered one facility.

Residential cCare facility, small, unlicensed. A residential care facility of six or fewer total residents managed under a single operator and designed for short-term stays by each resident as a transition from drug or alcohol rehabilitation or while on parole. Any combination of two or more residential care facilities that are under the control and management of the same owner, operator, management company, licensee, or any affiliate of them, and are integrated components of one operation, are considered one facility.

Senior housing. Housing that is available only to households in which the head of the household is 55 years of age or older, and which is not a residential care facility (small or large) as defined elsewhere in this Ssection.

Single-room occupancy. A single-room occupancy facility is a residential building that includes multiple single-room occupancy units. “Single-room occupancy unit” means housing consisting of single-room dwelling units that are the primary residence of their occupant or occupants. If the singleroom occupancy housing consists of new construction, conversion of nonresidential space, or reconstruction, the unit must contain either food preparation or sanitary facilities, andfacilities and may contain both. If the single-room occupancy housing consists of acquisition or rehabilitation of an existing residential structure or hotel, neither food preparation nor sanitary facilities are required to be in the unit, but if the units do not contain sanitary facilities, the building must contain sanitary facilities that are shared by tenants.

Single-family residential. An attached or detached residential building designed to accommodate one household/living unit on a single lot. A single-family residential development may be “attached” to another single-family residential development on an adjacent property as allowed by the Building Code.

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17 Single-family residential. One dwelling unit located on a single lot.Single-family residential with boarder or lodger. See “boarding and lodging.” in this Section.

Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. Supportive housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning districte.

Transitional housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning districte. [Source: 18.15.020, modified]

18.190.070 Temporary Land Use Classifications
Temporary uUses that are short-term or temporary in nature that are classified separately for purposes of the land use regulations; provided, that the use does not exceed any time limits specified in the Temporary Use Permit as established in Chapter 18.50 (Use Permit, Temporary). . (Reference: PHMC Chapter 18.100, Temporary Use Permit.) If the event takes place partly or wholly on public property, see PHMC Chapter 6.20, (Special Event Permit) of this Title.

Agricultural sales. The seasonal sales of agricultural or horticultural products, including firewood.

Excludes Christmas tree and pumpkins sales, as defined in this Chapter.Seasonal sales of agricultural or horticultural products, including Christmas trees, pumpkins and firewood.

Animal shows or sales. Exhibitions of domestic or large animals. This classification includes animal sales.

Arts and crafts shows, outdoor. Display and sale of painting, sculpture, hand crafts and similar objects.

Christmas tree sales. The seasonal display and sale of Christmas trees and Christmas wreaths.

Includes preparation of the site, fencing, trailers, tents, necessary storage, equipment, and related accessory services (i.e., netting, baling, flocking).

Civic and community events. Special events open to the public.

Commercial filming, limited. Commercial motion picture or video photography at the same location.

Eating and drinking use. Serving of prepared food or beverages for consumption on or off the premises on a site that is not permanently occupied by, or related to, an existing legally established onsite, eating and drinking establishment.

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18 Farmers’ market. Recurring sales of agricultural, horticultural, and other food products that are seasonal in nature.

Live entertainment event. A non-recurring concert, carnival, circus, fair, or other similar event.

Personal property sales. Sales of personal property by a resident. This classification includes garage sales.

Pumpkin sales. The seasonal display and sale of pumpkins. Includes preparation of the site, fencing, trailers, tents, necessary storage, and equipment.

Real estate sales. An on-site office for the marketing, sales or rental of residential, commercial or industrial development. This classification includes “model homes.” Recreational events. Events featuring sports, exercise, physical play, or competitions.

Religious gGroup assembly events. Religious servicesA non-recurring event intended for the meeting or assembly of a, group, club, or membership organization conducted on a site that is not permanently occupied by a religious assemblyplace of assembly use.

Retail sales, outdoor. Retail sales of merchandise in an open or covered outdoor area on the site of a legally established retail business.

Street fair. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.

Swap meet. Retail sale or exchange of new, hand-crafted, or secondhand merchandise.

Trade fairs. Display and sale of goods or equipment related to a specific trade or industry.

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19 Chapter 18.195
Definitions

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20 Chapter 18.195 Definitions
Sections

18.195.010 “A” Definitions

18.195.020 “B” Definitions

18.195.030 “C” Definitions

18.195.040 “D” Definitions

18.195.050 “E” Definitions

18.195.060 “F” Definitions

18.195.070 “G” Definitions

18.195.080 “H” Definitions

18.195.090 “I” Definitions

18.195.100 “J” Definitions

18.195.110 “K” Definitions

18.195.120 “L” Definitions

18.195.130 “M” Definitions

18.195.140 “N” Definitions

18.195.150 “O” Definitions

18.195.160 “P” Definitions

18.195.170 “Q” Definitions

18.195.180 “R” Definitions

18.195.190 “S” Definitions

18.195.200 “T” Definitions

18.195.210 “U” Definitions

18.195.220 “V” Definitions

18.195.230 “W” Definitions

18.195.240 “X” Definitions

18.195.250 “Y” Definitions

18.195.260 “Z” Definitions

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21 18.195.010 “A” Definitions
Acre, gross. A measure of total land area of any lot including future streets, parks, and other land dedications.

Acre, net. The gross area of a lotsite excluding:

1. Land to be dedicated for required easements for vehicles and rights-of-way, either public or private;

2. Land determined to be hazardous and unbuildable; and/or

3. Land to be dedicated for schools and parks or other facilities dedicated for public use.

Active frontages. Building frontages with occupied spaces that encourage engagement between the building tenants and the public realm. Active frontages allow visual or physical access to the active uses within the building from streets, sidewalks, and paseos.

Affordable housing cost. The maximum cost to rent or purchase a house as defined in Section 50052.5 of the Health and Safety Code (Government’t Code Section§ 65915(d)(1).).

Affordable unit, for rent. Affordable rent (including a reasonable utility allowance) shall not exceed the following:(Health and Saf. Code § 50053.)

1. For extremely low-income households, the product of 30 percent times 30 percent of the area median income adjusted for family size appropriate for the unit;

1.2.For very low-income households, the product of 30 percent% times 50 percent% of the area median income adjusted for family size appropriate for the unit;

2.3.For low-income households whose gross incomes exceed the maximum income for very lowincome households and do not exceed 70 percent of the area median income adjusted for family size, the product of 30 percent% times 760 percent% of the area median income adjusted for family size appropriate for the unit. In addition, for any lower income household that has a gross income that equals or exceeds 70 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household;

3.4.For moderate-income households, affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent times 110 percent of area median income adjusted for family size appropriate for the unit. In addition, for any moderate-income household that has a gross income that exceeds 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household.the product of 30% times 110% of the area median income adjusted for family size appropriate for the unit. (Health and Saf. Code § 50053.) Affordable unit, for sale. Affordable housing cost may not exceed the following:

1. For very low-income households, the product of 30% times 50% of the area median income adjusted for family size appropriate for the unit;

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22 2. For low-income households whose gross incomes exceed the maximum income for very lowincome households and do not exceed 70% of the area median income adjusted for family size, the product of 30% times 70% of the area median income adjusted for family size appropriate for the unit;

3.5.For moderate-income households, not less than 28% of the gross income of the household, not exceeding the product of 35% times 110% of area median income adjusted for family size appropriate for the unit. (Health and Saf. Code § 50052.5(b).

Affordable units. Living units that are required to be rented at affordable rents or available at affordable housing costs to specified households.

Alteration. Any modification, change, or adjustment made to a building or structure that affects its physical dimensions, design, function, or use.

Animal.

1. Animal, large domestic. An animal other than a rooster, a nondomestic animal or a small domestic animal as defined herein, and which is typically kept in a coop, corral, stable, or pen, including but not limited to equine (e.g., horses, donkeys, and llamas), bovine, porcine, and ratite (e.g., ostrich, emu and rhea) species, other hoofed animals (e.g., goats or sheep) and any variety of fowl other than hens, which are considered small domestic animals for purposes of this sectionas defined in this Section.

2. Animal, nondomestic. A wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.

3. Animal, small domestic. A small animal of the type generally accepted as a pet, including dog, cat, rabbit, songbird, fish, and the like, but not including chicken, rooster, duck, goose, pea fowl, goat, sheep, pig, hog, or the like.

Antenna. Any system of wires, poles, rods, panels, reflecting discs, or similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external and attached to the exterior of a structure or a pole.

Area median income (AMI). The area median income for Contra Costa County as published at Title 25, California Code of Regulations, Ssection 6932.

Attached, building or structure. A building or structure that shares a common wall, is physically connected to another building or structure, or two structures that are less than three feet away from each other as measured from the furthest projection on each structure.

Average percent of slope. The ratio between vertical and horizontal distances expressed in percent; the mathematical expression of which is based upon the formula described below:

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Average Percent of Slope Calculation

18.195.020 “B” Definitions
Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet.

Base density. The maximumlowest number of dwelling units on a particular parcel lot of land which is in conformance complies with the Ggeneral Pplan and all applicable provisions of this Zzoning Ordinance.

Basement. The portion of a building that is completely below grade. If any part of a building story is above grade, it will not be considered a basement. A basement does not count as a story when calculating the "number of stories" for development regulation purposes. However, sub-level floors, including basements, are included in floor area ratio (FAR) calculations. The addition of any access points, as required by the Building Code, does not change the classification of a basement, provided that all other portions of the floor remain below grade.Any building code related access requirements The portion of a building that is completely below grade. If portion of a building story is above grade, it will not be considered a basement. A basement is not considered a Story when calculating “number of stories” for development regulation purposes.

Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street, unsubdivided land, watercourse, or Ccity boundary.

Figure 18.__-_
Blockface
Boarder. A person who rents a room within a living unit from a landlord.

Boardinghouse. A building where sleeping rooms are rented to three or more individuals where meals may or may not be provided. Boardinghouse includes the term rooming house.

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24 Breezeway. A roofed, open-sided passageway connecting two structures, such as a house and a garage.

Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattel, or property of any kind.

Building height. The vertical distance of a building as measured from the finished grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or from average grade to the highest gable of a pitch or hip roof grade to a base point on the building in compliance with Section

18.45.030 (Height Standards and Exceptions). See definition for “grade.”

18.195.030 “C” Definitions
Caretaker’s quarters. A dwelling unit on the site of a non-residential use, occupied by someone employed to care for a property or facility. Caretaker’s quarters are meant to serve only as a secondary or accessory use to the existing use on the property.

Caretaker’s quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker.

Child care facility. A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age child care centers. (Gov’t Code §§ 65915(i)(4), 65017.5(a)(1).)
Collection buildings. Buildings with a gross floor area of 225 square feet or less used for the deposit and storage of recyclables.

Commercial cannabis use. Commercial cannabis use means and includes the commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, wholesale or retail delivery, wholesale or retail sale of cannabis and cannabis products, or any combination of such activities, whether or not carried out for profit, and any other activity that requires a license, or may require a license in the future, pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code, Division 10, section 26000 et seq. Without limiting the foregoing, the term “commercial cannabis use” also includes a medical marijuana dispensary, a patient collective or patient cooperative operating under the Compassionate Use Act (Health & Safety Code Section § 11362.5) and/or the Medical Marijuana Program Act (Health & Safety Code Section§ 11362.7 et seq.), as each may be amended; a nonprofit licensee under Business and Professions Code section 26070.5; and a cannabis cooperative association under Business and Professions Code section 26220 et seq.

Conditioned/habitable space for accessory structures. Areas of a structure that include living areas or areas including, but not limited to, heating, air conditioning, power, and plumbing. This area does not include areas such as garages, storage areas, patio covers and other landscape structures.

Condominium project. A housing development of two or more units, the interior space of which are individually owned, with the balance of the property owned by the owners of the individual units. See also Civil Code Ssection 1351(f) and. (Government’t Code Section§ 65915(b)(4).

Construction cost index. The Engineering News Record San Francisco Building Cost Index. If the index ceases to exist, the Ccity Mmanager shall submit another cost index which is in his or hertheir judgment is the nearly equivalent to the original index as possible.

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25 Consumer price index. The U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers for the San Francisco, Oakland, San Jose Metropolitan Statistical Area or, if the index is discontinued, a successor index selected by the Ccity Mmanager.

Container or storage unit. A container or storage unit includes, but is not limited to, any of the following if 15 cubic yards or larger: a debris or trash box, a cargo or storage container, a construction or transport trailer (when detached from the truck trailer). A container or storage unit is not permanently attached to the ground.

A container or storage unit does not include an accessory structure as defined in this Cchapter, or a trash container storage unit placed by the disposal company licensed by the Ccity, when that container is used for regular, weekly garbage pick-up.

Cottage food operations. An enterprise that has not more than $50,000 in gross annual sales; operated by a “cottage food operator” (who operates in his or her private home and owns the operation); and having not more than one full-time equivalent employee, not including a family or household member; that involves preparation of “cottage food products” which are nonhazardous foods such as baked goods without cream or meat fillings; candy; chocolate-covered nonperishable foods; dried fruit; dried pasta; dry baking mixes; fruit pies; granola, cereals and trail mixes; herb blends and dried mole paste; honey; jams, jellies, preserves; nut mixes and nut butters; popcorn; vinegar and mustard; roasted coffee and dried tea; waffle cones and pizelles; other items added by the State Public Health Officer on an approved food products list (Health and Safety Code Section 113758). See also “home occupation.” Coverage, lot or site. The percentage of a site covered by a building, accessory structure, roof, soffit, trellis, and eave or overhang extending more than two and one-half feet from a wall, and by a deck or above ground pool more than 36 inches in height.

Figure 18.__-_
Lot Coverage
Cultural resource. Improvements, buildings, structures, signs, features, sites, landscapes, trees, or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the Ccity, the Diablo Valley, the Northern California region, or the nation which may be eligible for designation or designated and determined to be appropriate for historic preservation by the Aarchitectural Rreview Ccommission, or by the Ccity Ccouncil on appeal, in compliance withpursuant to the provisions of this the chapterZoning Ordinance.

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Daylight plane. An inclined plane, beginning at a stated height above grade at a side or rear property line, and extending into the site at a stated upward angle to the horizontal, which may limit the height or horizontal extent of structures at any specific point on the site where the daylight plane is more restrictive than the height limit or the minimum yard applicable at such point on the site.

Figure 18.__-_
Daylight Plane
(The diagram is illustrative)
Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts (see also “balcony”).

Density bonus. As defined by Government Code Section 65915 et seq.A density increase of at least 20%, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density. (See PHMC § 18.20.150). See 2003 General Plan Glossary. (Gov’t Code §§ 65915(g)(1) and (d)(1), 65917.5(a)(2).)
Density bonus housing agreement. A legally binding. recorded agreement between an owner/ developer and the Ccity as described in PHMC § 18.20.150 to ensure that the requirements of that subsection are satisfiedthis Zoning Ordinance and State law are satisfied. The agreement, among other things, shall establish the number of target bonus units, their size, location, terms and conditions of

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28 affordability, and production schedule. The agreement shall also require management and maintenance of the units. See Section 18.15.090 (Density Bonus). (See PHMC § 18.20.150.) Density bonus units. RThose residential dwelling units granted pursuantallowed to the provisions of this title which exceed the otherwise allowable maximum residential density for the development site in compliance with the Zoning Ordinance and State law.

Detached, building or structure. A building or structure shall be considered detached from any other building or structure; provided, the distance is a minimum of three feet from any wall or projection, measured at the closest point. See definition for the term “attached.” Development agreement. A contract between the City and an applicant for a development project, in compliance with Chapter 18.180 (Development Agreement) and Government Code Section 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.

Development standard. Any site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution or regulation.

Driveway. A paved area on a lot necessary to provide direct access for vehicles between a street and either:

1. An area on a residential lot containing four or fewer parking spaces;

2. An aisle between spaces in a parking lot;

3. A loading berth; or

4. A refuse storage area.

18.195.050 “E” Definitions
Electric vehicle (EV) charger. Off-board charging equipment used to charge an electric vehicle.

Electric vehicle charging space (EV space). A space intended for charging electric vehicles.

Electric vehicle charging station (EVCS). One or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. Where a multiport electric vehicle charger can simultaneously charge more than one vehicle, the number of electric vehicle charging stations shall be considered equivalent to the number of electric vehicles that can be simultaneously charged.

Environmental impact report (EIR). An environmental report used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).

Exterior architectural feature. The architectural element embodying style, design, general arrangement, and components of all the outer surfaces of an improvement including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.

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Family. One or more persons occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family shall not include a fraternal, religious, social, or business group. A family shall be deemed to include domestic employeesworker.

Fence. A barrier made of wire, wood, metal, masonry, or other material used as a screen or enclosure for a yard, equipment, or open space. It includes a wall, gate, or structure used as a fence. A retaining wall, freestanding (monument) sign, or landscape structure is not considered a fence except for that portion which is used as a fence. See Chapter 18.65 (Fences, Walls, and Screening).

Floor area, gross. The total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and any open porch, deck, balcony, or terrace.

Floor area, net. The total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and an open porch, deck, balcony or terrace.

It also excludes any corridors, hallways, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than seven feet, and, in industrial areas, storage sheds with less than 150 square feet of space, bunkers, electrical substations, smoking shelters, instrument shelters, and similar enclosures.

Floor area ratio (FAR). The gross floor area of a building or buildings on a lot divided by the lot area or site area.

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30 Figure 18.__-_
Floor Area Ratio
(The diagram is illustrative)
For-sale project. A residential project, or portion thereof, which is intended to be sold to an owneroccupant upon completion.

Frontage, building. The frontage of a building is the maximum horizontal dimension of that side of a building abutting on or generally parallel to the front lot line or, in the case of a corner building, the combined maximum horizontal dimensions of the sides of the building abutting or generally parallel to the front lot line and the corner side line.

Frontage types.

4.1. Frontage, (building). The building facade facing a street or public open space.

5.2. Frontage, (site). The width of the site along a street or public open space.

6.3. Frontage, street. The property line or part of the site facing a street or public open space. The street frontage is the length of the front lot line or, in the case of a corner lot, the front lot line plus the corner side lot line.

Frontage (street). The property line or part of the site facing a street or public open space.

18.195.070 “G” Definitions
General plan. The City of Pleasant Hill General Plan, including all its elements and all amendments, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and

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31 referred to in this Zoning Ordinance as the "General Plan."The city of Pleasant Hill general plan, as amended.

Grade.

1. Grade, average. The average level on the surface defined as the shortest distance between finished grade at the highest and lowest sides of a structure.

2. Grade, existing. The level of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this chapter.

3. Grade, finished. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

4. Grade, street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.

18.195.080 “H” Definitions
Height. The vertical dimension measured from finished grade, unless otherwise specified. See building height as defined in this Chapter.

Historic district. Any area containing a concentration of improvements which have a special character, historical interest or aesthetic value, which possess integrity of location, design, setting, materials, workmanship, feeling and association, or which represent one or more architectural periods or styles typical of the history of the Ccity, and that has been designated an historic district.

Housing development. Construction projects consisting of five or more residential units, including single-family and multifamily units, for sale or for rent. For the purposes of PHMC Section§ 18.1520.090 (Density Bonus)150, housing development also includes a subdivision, planned unit development, or condominium project consisting of five or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five residential units. (Gov’t Code § 65915(j) and (g)(1).)

18.195.090 “I” Definitions
Illumination, direct. Illumination by means of light that travels directly from its source to the viewer’s eye.

Illumination, indirect. Illumination by means only of light cast upon an opaque surface from a concealed source.

Improved pedestrian connection. An elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of Interstate 680.

Incentive or concession. The benefit offered by the City to facilitate construction of eligible affordable housing costs and units as defined by this Chapter. Examples of incentives/concessions include adjustment of development standards, expedited processing of entitlements, relaxation of otherwise applicable entitlement conditions, and provisions for mixed-use activities. See Section 18.15.090

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32 (Density Bonus).and Government Code Section 65915 et seq.Such regulatory incentives or concessions as listed in PHMC § 18.20.150.B.11. (Gov’t Code § 65915(1).) Inclusionary unit. A dwelling unit reserved for occupancy by a low- or very low-income household (as defined by Health and Safety. Code Sections§§ 50079.5 and 50105) with a new residential development.

18.195.100 “J” Definitions
No terms defined.

18.195.110 “K” Definitions
Kitchen. Any room or part of a room or structure which is designed, built, used, or intended to be used forfor the preparation or cooking of food and must contain, at minimum, one or more of the following features, an oven or stove, a refrigerator, and a sink having a drain outlet of larger than one and onehalf inches in diameter. A kitchen may also include a microwave, dishwasher, garbage disposal, or other appliances for cooking, preparing, or storing food. A kitchen does not but not including include a bars, butler’s pantriesy, or similar rooms adjacent to or connected with a kitchen.

18.195.120 “L” Definitions
Land use. The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered, or enlarged or for which either a site or structure is or may be occupied or maintained.

Landscape. To plant and maintain some combination of trees, ground cover, shrubs, vines, flowers, or lawn. Required landscaping may include natural features such as existing or imported rock and structural features including fountains, pools, art work, screens, walls, fences, or benches. A landscaped area may also include a walkway or concrete plaza if it is an integral part of the elements of landscaping described above. Plants on rooftops, porches, or in boxes attached to buildings are not considered landscaping.

Landscaping, interior. A landscaped area(s) or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).

Landscaping, perimeter. A landscaped area adjoining and outside the shortest circumferential line defining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).

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33 Figure 18.__-_
Landscaping: Interior/Exterior
Limited inclusionary uni. An additional dwelling unit constructed on a single-family residential lot, which meets the standards for accessory dwelling units.

Living unit. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and bathroom facilities.

Lot. A site or parcel of land.

Lot area. The horizontal area within the property lines excluding public-access corridors, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.

Lot depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.

Lot line types.

5. Front lot line. A lot line abutting the street or easement providing access. A lot line that adjoins the front yard of a lot. The front lot line of a corner lot is the shortest street line. If the street lines are the same length, any of the street-abutting lot linesone may be considered the front lot line.
a Flag lots. The front lot line of a flag lot (see "flag lot" under "lot types”) is measured at the point where the "pole" meets the bulk ("flag") of the lot parallel to the rear lot line of the lot adjacent to the pole as shown in Figure 18 (Flag Lot Front Lot Line). b Irregular shaped lots. The front lot line of an irregular shaped lot shall be determined by the Zoning Administrator.

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34 Figure 18.__-_
Flag Lot Front Lot Line

5.6. Interior lot line. A lot line not abutting a street.

6.7. Rear lot line. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line shall be deemed the rear lot line for the purpose of measuring rear yard depth.

7.8. Side lot line. A lot line that is not a front lot line or a rear lot line.

8.9. Street lot line. A lot line, other than the front lot line, abutting a street.

Lot types.

1. Corner lot. A lot bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees on a street or private driveway serving two or more additional properties or dwelling units (not counting accessory dwelling units). The front yard of a corner lot shall adjoin the shortest street property line; provided, that where street property lines are substantially the same length, the Zzoning Aadministrator shall determine the location of the front yard based on existing or proposed access to the principal building on the lot. See Subsection 18.15.040.D (Corner and Double-Frontage Lot Setbacks) for additional development regulations for corner lots.

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35 2. Double-frontage lot. An interior lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line.. See Subsection 18.15.040.D (Corner and Double-Frontage Lot Setbacks) for additional development regulations for doublefrontage lots.

3. Flag lot. A lot with a narrow strip of land, known as the "staff" or "pole," that provides access to the main, larger portion of the lot, which is often referred to as the "flag." The staff portion typically resembles a flagpole and connects the larger, buildable area of the lot to a public street or private road.

4. Interior lot. A lot other than a corner lot.

3.5. Irregular lot. A lot characterized by boundaries that may have varying lengths, non-parallel sides, or unusual angles, resulting in a form that does not conform to the other lot types defined herein. For the purposes of this Title, the lot lines of an irregular lot shall be determined by the Zoning Administrator.

4.6. Key lot. A key lot is an interior lot whose front yard abuts the rear yard of a corner lot.

Lot width. The average horizontal distance between the side lot lines measured at right angles to the lot depth from the required front yard setback and from the required rear yard setback or from the rearmost point of the lot depth in cases where there is no rear lot line. (See lot depth, lot width diagram.) Figure 18.__-_
Lot Depth and Width
(The diagram is illustrative)
Low-income household. A household whose income does not exceed the low-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant toin compliance with Health and Safety Code Ssection 50079.5.

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36 Lower income household. A lower income household as defined in Civil Code Ssections 51.3 and

51.12 (Government’t Code Section§§ 65915(b)(1) and (c)(1), and Health and Safety. Code Section§ 50079.5.).

18.195.130 “M” Definitions
Market rate units. New living units in residential projects which are not affordable unit.

Maximum allowable residential density. The maximum number of residential units permitted by the General Plan city’s zoning ordinance on the date the application is deemed complete. See (Government’t Code Section§ 65915(o)(2).

Mixed-use. Development projects where a variety of uses such as office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated project.

Mobile recycling unit. An automobile, truck, trailer, or van, licensed by the State Department of Motor Vehicles, which is used for the collection of recyclable materials, including the bins, boxes or containers transported by trucks, vans or trailers and used for the collection of recyclable materials.

Moderate-income household. A household with an annual income between the lower income eligibility limit (usually 80% of the area median family income) and 120% of area median income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to section 50079.5 of the California Health and Safety Code. (Gov’t Code § 65915(c)(2), Health and Saf. Code § 50093.)A household whose income does not exceed the moderate-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development in compliance with Section 50079.5 of the California Health and Safety Code (Government Code Section 65915(c)(2), Health and Safety Code Section 50093).

18.195.140 “N” Definitions
Natural feature. Any tree, plant life, water feature, or rock outcropping.

Noncommercial message or speech. Any message that is not commercial speech, which includes but is not limited to, messages concerning political, religious, social, ideological, public services, and informational topics.

Nonconforming sign, legal. A sign, outdoor advertising structure, or display of any character that was lawfully erected or displayed before the adoption of this Zoning Ordinance, or amendment thereto, but that which does not conform with currently applicable requirements prescribed for the zoning district in which the sign it is located.

Nonconforming structure, legal. A structure that was lawfully erected before the adoption of this Zoning Ordinance, or amendment thereto, but which does not conform with the currently applicable requirements provisions and/or development standards for yard spaces, height of structures, or distances between structures prescribed in the regulationsestablished for the zoning district in which the structure is located (e.g., setbacks, structure height, distance between structures).

Nonconforming use, legal. A use of a structure of land that was lawfully established and maintained before the adoption of this Zoning Ordinance, or amendment thereto, but which does not conform with currently applicable use regulations for which the zoning district in which it is located.

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37 Nonrestricted unit. All units within a housing development excluding the target affordable target units, as defined in this Chapter.

18.195.150 “O” Definitions
Off-street loading facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.

Open space types.

1. Private open space. An open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

2. Shared open space. An open area within a residential development reserved for the exclusive use of residents of the development and their guests.

3. Passive Open Space. An open area outside of a building or structure that is more natural in quality and does not provide facilities or access to users (such as walking paths or seating).

Passive open spaces may include, but are not limited to, bioswales, landscaped areas, and natural habitat.

2.4. Active Open Space. An open space area or recreational area that has any type of user facility (e.g., walking path, benches, restrooms, sports fields or courts). See also "park and recreational facility" definition in Section 18.190.050 (Public and Semi-Public Land Use Classifications).

3.5. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this Cchapter, including a front yard, side yard, corner side yard, or rear yard.

Ordinary maintenance and repair. Any work, for which a Bbuilding Ppermit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage. See definition for the term “alteration.”
Outdoor storage. Storage outside of a building of material not intended for immediate sale or exhibition.

Owner. The person(s) or entity(ies) that hold legal or equitable title to a dwelling or lot.

18.195.160 “P” Definitions
Penthouse equipment. Any structure located on the roof of a building which encloses mechanical equipment.

Permitted. Allowed without a requirement for approval of a Cconditional Uuse Ppermit or Ttemporary Uuse Ppermit.

Planned development. A development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:

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38 1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.

2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance compliance with Civil Code Ssection 1367 or 1367.1et seq. (Government’t Code Section§ 65915(b)(4); Civil Code Section§ 1351(k).)
Porch. A covered platform at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled and is attached to the outside of a building.

Preexisting. In existence prior to the effective date of this chapterZoning Ordinance.

Primary street. A main thoroughfare, including “arterial” through routes and mixed-use, multifunctional streets right -of-way (at least in part along their length), providing access to properties as well as other amenities.

Processing facility. A building or enclosed space used for the collection and processing of recyclable material, and/or used motor oil, by such means as flattening, mechanical sorting, compacting, baling, shredding, grinding, crushing, and cleaning.

1. A light-processing facility occupies less than 45,000 square feet and includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.

2. A heavy-processing facility is any processing facility other than a light-processing facility.

Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this chapter.

Project site. The specific location on which a development, use, structure, or building is proposed.

Published standards. The standards for specific income levels for Contra Costa County, as published under Title 25, California Code of Regulations Ssection 6932.

18.195.170 “Q” Definitions
Qualifying household. A household meeting statutory or regulatory requirements to receive the benefits conferred by a statutory or regulatory program.

Qualifying resident. Senior citizens or other persons eligible to reside in a senior citizen housing development (Civil Code Sections 51.3 and 51.12.).

18.195.180 “R” Definitions
Reasonable accommodation. Providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use, zoning and building regulations, policies, practices and procedures or waiving enforcement, if necessary, to ensure equal access to

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39 housing for individuals with disabilities in compliance with Chapter 18.125 (Reasonable Accommodation), and State and Federal fair housing laws.

Recreational Vehicle. In compliance with Health and Safety Section 18010, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all the following criteria:
• It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; • It contains 400 square feet or less of gross area measured at maximum horizontal projections; • It is built on a single chassis; and
• It is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

Recyclable material. Reusable material including, but not limited to, metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.

Recyclable material does not include refuse or hazardous materials, but may include used motor oil.

Recycling facility. A center for the collection and/or processing of recyclable materials.

Rehabilitation. Restoring a property to make it usable for modern purposes while preserving its important historical, architectural, and cultural features.The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.

Rental projects. A residential project, or portion of itthereof, which is intended to be rented to tenants upon completion.

Resale control. A resale restriction placed on inclusionary units by which the price of such units and income of the purchaser will be restricted in order to assure affordability and occupancy by lower and very low-incomequalifying households and residents.

Residential project. Any planned zoning district, subdivision map, conditional use permit or other discretionary city land use approval entitlement which authorizes five or more living units or residential lots, or living units and residential lots which total five or more in combination. In order to prevent evasion of the provisionsFor the purpose of this Zoning Ordinance, of this chapter,contemporaneous construction of five or more living units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same city land use entitlementapproval, shall also be considered a residential project. Construction shall be considered contemporaneous for all units which do not have completed final inspections for occupancy and which have outstanding, at any one time, any one or more of the following: planned zoning district, subdivision map, conditional use permit or other discretionary city land use approvalsentitlement, or Bbuilding Ppermits, or applications for such an approval or permits.

Residential structure types.

1. Accessory dwelling unit. An attached or detached dwelling unit that is located on a single lot with another, primary dwelling unit and provides complete facilities for independent living for

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40 one or more persons. These facilities include permanent provisions for living, sleeping, cooking and sanitation. See Section 18.15.050 (Accessory Dwelling Unit (ADU and JADU)).

1.2.Accessory dwelling unit, junior (JADU). An accessory dwelling unit which is located within the living space of an existing primary single-unit dwelling, as defined in the California Health and Safety Code. See Section 18.15.050 (Accessory Dwelling Unit (ADU and JADU)).

2.3.Dwelling. A building designed exclusively for residential occupancy, including single-family, duplex, and multifamily, but not including a hotel, motel, or boardinghouse.

3.4.Dwelling unit. One or more habitable rooms designed for occupancy by only one or more persons family for living and sleeping purposes and having a kitchen.

4.5. Multi-family dwelling. A building used and designed as a residence for two or more families living independently of each other with individual entrances, bathrooms, kitchens and living areas. See “Multifamily Residential” in Section 18.190.060 (Residential Land Use Classifications).

5.6.Single-family dwelling. A building designed exclusively for occupancy by one family. See “Single-Family Residential” in Section 18.190.060 (Residential Land Use Classifications).

6. Attached single-family dwelling. A dwelling unit on an individual lot that has at least one common wall with one or more other dwelling units on separate lots.

Reverse vending machine. An automated mechanical device that accepts at least one or more types of empty beverage containers including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine.

1. A single-feed revenue vending machine is designed to accept individual containers one at a time.

2. A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight.

Room, habitable. A room meeting the requirements of the Uniform Building Code and Uniform Housing Code for its intended use (e.g., sleeping, living, cooking, or dining), excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces.

18.195.190 “S” Definitions
Senior citizen housing development. A housing development as defined in California Civil Code Ssection 51.3(b)(4). (Government’t Code Section§ 65915(b)(3).).

Setback line. A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, corner side or rear yard, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, corner side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line.

Shopping center. A unified group of retail businesses and service uses on a single site with common parking facilities. A shopping center may include pads for future buildings.

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41 Short-term stay. The rental of a dwelling or a portion thereof by the owner to another person or group of persons for the lodging or sleeping for a term of less than 30 consecutive calendar days.

Sign. Any identification, description, illustration, or device illuminated or nonilluminated, which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify, or convey information.

Sign types.

1. Animated sign. Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create a special effect or scene.

2. Banner. Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges.

3. Business identification sign. A sign that serves to identify only the name and address of the premises, business, building or portion of building upon which it is located and includes no other advertising such as product lists, phone numbers and hours of operation. Such a sign may include a logo or business symbol.

4. Commercial sign. A sign that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.

5. Directional or informational sign. Any sign erected for the sole purpose of indicating the route to, direction of or location of a given goal, or which provides regulatory or service information of a nonadvertising character. Directional and informational signs include but are not limited to: signs that denote the route to any Ccity, community facility, historic place, or hospital; signs directing and regulating traffic; signs directing visitors to tourist-oriented businesses; notices of any utility or transmission company necessary for the direction or safety of the public; and signs, notices or symbols as to the time and place of civic meetings.

6. Directory sign. A pedestrian-oriented sign which identifies or lists the names and locations of tenants at a multi-tenant site.

7. Electronic readerboard. A changeable, moving message sign consisting of a matrix of lamps, light emitting diodes (LEDs), or similar devices which are computer-controlled.

8. Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design, used as a symbol.

9. Flashing sign. An illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a nonconstant illumination.

10. Freestanding sign. A sign which is self-supporting in a fixed location and not attached to a building. It includes a sign connected or attached to a sign structure, fence, pole, wall, tree or other vegetation and which is not an integral part of a building.

11. Grand opening sign. A sign used by newly established businesses to inform the public of their location and services.

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42 12. Incidental sign. A small sign less than one square foot pertaining to goods, products, services or facilities that are available on the premises where the sign occurs and intended primarily for the convenience of the public.

13. Logo. A trademark or company name symbol.

14. Master sign program. A coordinated sign plan which includes details of all signs (not including exempt or temporary signs) which are or will be placed on a site, including master identification, individual business and directory signs.

15. Multiple-story office sign. A wall sign used to identify an office building with three or more above-ground levels.

16. Neon or other gas tube illumination. Illumination affected by a light source consisting of a neon or other gas tube which is bent to form letters, symbols or other shapes.

17. Noncommercial sign. A sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.

18. Off-premises sign. An outdoor advertising sign advertising a business, product or service not offered on the premises where the sign is located.

19. Open house sign. A temporary portable sign providing direction to residential real property during the period it is on public display for purposes of sale or lease.

20. Panel sign. A wall sign with a background panel integrated into the sign. The background panel is typically treated with paint, tile, metal, wood, mosaic, decorative stone or similar materials to complement the sign design.

21. Portable sign. A sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs with wheels, A-frames, Hframes, menu and sandwich board signs, balloons used as signs, and umbrellas used for advertising.

22. Projecting sign. A sign which is either suspended from an overhang, canopy, or awning, or is suspended from a mounting attached directly to the building wall and hangs perpendicular to the building wall (also known as a blade sign or shingle sign).

23. Real estate sign. Any temporary sign pertaining to the sale, exchange, lease or rental of buildings or real property.

24. Roof sign. A sign installed on a roof or projecting above the eave of a building or mounted on an arcade or parapet.

25. Subdivision directional sign. A sign providing direction to a land development project within the county pursuant to this chapter.

26. Temporary sign. A sign with commercial or noncommercial text which is intended to be displayed for a limited time. Temporary signs shall include banners or light, rigid material which is not affixed in a permanent manner to the ground or to any structure. Awning signs shall not be considered temporary signs.

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43 27. Theater/cinema sign. A sign, such as a marquee, designed for a theater or cinema, with changeable letters, brighter lights, or other attention-getting features.

28. Time/temperature sign. An electronic or mechanical device which shows time and/or temperature but contains no business identification or advertising. The surface area of the time/temperature display shall be included in the total aggregate sign area of the business.

29. Wall sign. A sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the sign is attached or supported by. An overhang, attached framework, or other substantial architectural appurtenance may be considered an extension of the building wall.

30. Window sign. A sign attached to, suspended or placed within five feet behind, placed or painted upon, the window or glass door of a building which is intended for viewing from the exterior of such building.

Site. A lot, or group of contiguous lots not divided by a street, other right-of-way, or City limit, and under single ownership or unified control.

Specific plan. A plan for a defined area that is consistent with the general plan and with the provisions of the California Government Code authorizing specific plans.

Stepback. A step-like recession in the profile of a multistory building. A stepback requires the building to take a step back from the street for every increase in height of the structure. Stepbacks can also be a design technique to reduce the visual impact of tall buildings.

Story. The portion of a building included between the upper surface of a floor and the upper surface of the floor next above. The topmost story is that portion of a building included between the upper surface of the topmost floor and the ceiling of the roof above.

Story, half. A half-story is defined below
• Wwhen the finished floor level directly above a useable or unused underfloor space is six feet or less above finished grade, as defined herein for 50 %percent or less than the total building perimeter.
• If the at-grade story is more than 12 feet above grade as defined herein at any point, such space shall be considered a story. When the finished floor level is directly above a story or half storynot starting at the surrounding finished grade, , any story six feet or less is a half-story.

Structure. Anything constructed or erected that requires a location on the ground, including a building, a deck, or a swimming pool, but not including a fence or a wall used as a fence, if the height does not exceed eight feet, or access drives or walks.

Structure, accessory. An accessory structure is a structure placed on a site, other than the principal, permanent residential structure. An accessory structure must be located on a site with an existing or proposed primary structure. Temporary containers or storage units regulated by PHMC §

18.20.140Section 18.15.050 (Container or Storage Unit), fences or walls eight feet or less in height, decks attached to the principal permanent residential structure, freestanding decks 18 inches or less in

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44 height above ground, in-ground pools, and permanent basketball hoops shall not be considered accessory structures.

Swimming pools and hot tubs. Water-filled enclosures having a depth of 18 inches or more used for swimming or recreation.

18.195.200 “T” Definitions
Target unit. A dwelling unit within a housing development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to, very low-, low-, or moderateincome households, or other qualifying households, or is a unit in such as senior citizen and student housing development.

18.195.210 “U” Definitions
No terms defined.

18.195.220 “V” Definitions
Very low-income household. A household whose income does not exceed the very low-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Ssection 50105 . (Government’t Code Sections§§ 65915(b)(2) and (c)(1).

18.195.230 “W” Definitions
No terms defined.

18.195.240 “X” Definitions
No terms defined.

18.195.250 “Y” Definitions
Yard types.

1. Corner side yard. A side yard on the street side of a corner lot. The depth of the corner side yard is the minimum horizontal distance between the corner side property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.

2. Front yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.

3. Rear yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel to it on the site. On a corner lot, the rear yard extends only to the corner side yard. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.

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45 4. Side yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal distance between the side property line and a line parallel thereto on the site, except that the corner side yard shall extend to the rear lot line. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.

Figure 18.__-_
Yard Types

18.195.260 “Z” Definitions
No terms defined.

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Part 6 – Definitions and Land Use
Classifications

REVISED PRELIMINARY DRAFT
OCTOBER 2024
Table of Contents
CHAPTER 18.190 LAND USE CLASSIFICATIONS ........................................................................ 4

18.190.010 Purpose and Applicability............................................................................................... 4

18.190.020 Accessory Land Use Classifications .............................................................................. 4

18.190.030 Commercial Land Use Classifications............................................................................ 4

18.190.040 Industrial Land Use Classifications ................................................................................ 9

18.190.050 Public and Semi-Public Land Use Classifications........................................................ 10

18.190.060 Residential Land Use Classifications ........................................................................... 13

18.190.070 Temporary Land Use Classifications ........................................................................... 16 CHAPTER 18.195 DEFINITIONS.................................................................................................... 19

18.195.010 “A” Definitions............................................................................................................... 20

18.195.020 “B” Definitions............................................................................................................... 21

18.195.030 “C” Definitions............................................................................................................... 22

18.195.040 “D” Definitions............................................................................................................... 24

18.195.050 “E” Definitions............................................................................................................... 26

18.195.060 “F” Definitions ............................................................................................................... 26

18.195.070 “G” Definitions .............................................................................................................. 28

18.195.080 “H” Definitions............................................................................................................... 28

18.195.090 “I” Definitions ................................................................................................................ 28

18.195.100 “J” Definitions ............................................................................................................... 29

18.195.110 “K” Definitions............................................................................................................... 29

18.195.120 “L” Definitions ............................................................................................................... 29

18.195.130 “M” Definitions .............................................................................................................. 33

18.195.140 “N” Definitions............................................................................................................... 33

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2 18.195.150 “O” Definitions .............................................................................................................. 33

18.195.160 “P” Definitions............................................................................................................... 34

18.195.170 “Q” Definitions .............................................................................................................. 35

18.195.180 “R” Definitions............................................................................................................... 35

18.195.190 “S” Definitions............................................................................................................... 37

18.195.200 “T” Definitions ............................................................................................................... 40

18.195.210 “U” Definitions............................................................................................................... 40

18.195.220 “V” Definitions............................................................................................................... 40

18.195.230 “W” Definitions.............................................................................................................. 40

18.195.240 “X” Definitions............................................................................................................... 41

18.195.250 “Y” Definitions............................................................................................................... 41

18.195.260 “Z” Definitions ............................................................................................................... 42

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Land Use Classifications

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4 Chapter 18.190 Land Use Classifications
Sections

18.190.010 Purpose and Applicability

18.190.020 Accessory Land Use Classifications

18.190.030 Commercial Land Use Classifications

18.190.040 Industrial Land Use Classifications

18.190.050 Public and Semi-Public Land Use Classifications

18.190.060 Residential Land Use Classifications

18.190.070 Temporary Land Use Classifications

18.190.010 Purpose and Applicability
This Chapter provides definitions for the use classifications established in Part 2 (Zoning District Regulations and Development Standards). The use classifications are organized in the following general categories: accessory, commercial, industrial, public and semi-public, residential, and temporary. If a specific land use or activity is not listed it is at the discretion of the Zoning Administrator to determine which classification shall apply. Use classifications not listed are prohibited unless authorized by Zoning Administrator.

18.190.020 Accessory Land Use Classifications
Accessory use. A Use incidental to the principal permitted or a conditionally permitted use on a site and customarily found on the same site.

18.190.030 Commercial Land Use Classifications
Adult business. An establishment or concern which, as a regular and substantial course of conduct, offers, sells, or distributes adult-oriented merchandise, or which offers to its patrons materials, products, merchandise, services, entertainment or performances that depict, describe, or relate to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts. See Chapter 18.50 (Adult Uses).

Ambulance service. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.

Animal sales and services.

1. Animal boarding. Provision of shelter and care for small animals on a commercial basis and large animals on a commercial or noncommercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

2. Animal clinic. Facility which provides grooming, training or other services to animals, including veterinary services on an outpatient basis with no overnight boarding.

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5 3. Animal day care. An establishment that provides care for two or more small animals on a commercial basis, primarily within an enclosed building, with no overnight boarding.

4. Animal grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of 48 hours.

5. Animal hospital. An establishment where small animals receive medical and surgical treatment, including grooming and boarding of animals for no more than 30 days if incidental to the hospital use and limited to animals receiving medical care.

6. Animals: retail sales. Retail sales and boarding of small animals, provided such activities take place entirely within an enclosed building. This classification includes grooming if incidental to the retail use.

7. Riding academy. An establishment offering facilities for instruction in horseback riding, including rings, stables, and exercise areas.

Artists’ studio. Workspace for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.

Automobile maintenance, limited. An establishment engaged in the limited maintenance of automobiles, including, but not limited to, the replacement and refurbishment of motor vehicle fluids (excluding fuel), chassis lubrication, minor tune-ups, smog inspection, and window tint installation, or other similar maintenance of automobiles and light vehicles, excluding washing of the vehicle, waxing, and other cleaning or surface treatment of the vehicle, and those services described under the “automobile, vehicle and equipment repair” use classification.

Automobile service station. An establishment engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories. This classification includes incidental sales of retail products. This also includes maintenance and repair of automobiles when performed in conjunction with the sale of gas or diesel fuel and vehicle washing but excludes body and fender work or repair of heavy trucks or vehicles.

Automobile, vehicle/equipment broker. An office use providing assistance to third parties seeking to buy or sell vehicles or equipment. This classification does not include on-site storage, display or maintenance of vehicles.

Automobile, vehicle/equipment repair. Repair of automobiles, trucks, motorcycles, motor homes or recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shop, wheel and brake shop, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. • With body and fender work. Automobile, vehicle/equipment repair establishments that includes repair of body and fender work.

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6 Automobile, vehicle/equipment sales and rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including storage, incidental repair and maintenance, and other activities accessory to the primary automobile vehicle/equipment sales and rentals, including but not limited to wholesale vehicle sales, unless such accessory uses are expressly limited or prohibited by the terms of the approval issued for the use.

Automobile, vehicle/equipment wholesaler. Wholesaler of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including on-site storage and incidental maintenance.

Automobile washing and exterior protection. Washing, waxing, or cleaning of automobiles or similar light vehicles and the installation of exterior body wraps, coating and protective film, excluding exterior paint.

Banks and savings and loans. A financial institution that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of money, including businesses offering check-cashing facilities. • With drive-up service. Institutions providing services accessible to persons who remain in their automobiles.

Building materials and services. Retailing, wholesaling, or rental of building supplies or equipment.

This classification includes a lumber yard, tool and equipment sales or rental establishment, and building contractors’ yard, but excludes an establishment devoted exclusively to retail sales of paint and hardware and activities classified under vehicle/equipment sales and services, including vehicle towing services.

Cannabis retailer. A facility or premises located in the city where cannabis or cannabis products, in any amount or form, either individually or in combination, are offered or provided for retail sale or other sales or transfer to consumers. A cannabis retailer includes an establishment that delivers cannabis as part of a retail sale. The term “cannabis retailer” includes the following subtypes:

1. Cannabis retailer, medical. A cannabis retailer selling medicinal cannabis and medicinal cannabis products to qualified patients with valid physicians’ recommendations, persons with an identification card, and primary caregivers, as each is defined in Health and Safety Code Section 11362.7, as amended. A medical cannabis retailer includes a medical marijuana dispensary.

2. Cannabis retailer, adult-use. A cannabis retailer selling adult-use cannabis and cannabis products for adults 21 years of age and over.

Cardroom. A gaming club as defined in Business and Professions Code Section 19802.

Catering services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also “Eating and drinking establishment”.) Commercial filming. Commercial motion picture or video photography at the same location for more than six days per quarter of a calendar year.

Commercial parking facility. Lot offering parking to the public for a fee.

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7 Commercial recreation and entertainment. Provision of participant or spectator recreation or entertainment. This classification includes a bingo parlor, bowling alley, billiard parlor, poolroom, ice/roller skating rink, scale-model course, tennis/racquetball court, croquet court, swim club, pinball arcade or electronic games center, and similar uses.

Communications facility. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms but excluding major utilities. This classification includes radio, television, or recording studios; telephone switching centers; and data centers.

Eating and drinking establishment. Business serving prepared food or beverages for consumption on or off the premises. Typical uses include, but are not limited to, restaurants, fast food establishments, bars, coffee houses, ice cream/yogurt establishments, and juice bars.

1. With drive-through service. Service from a building to persons in vehicles through an outdoor service window.

2. With live entertainment/dancing inside building. See “Live entertainment.”

3. With outdoor seating. Eating and drinking establishments with seating for patrons outside the building.

Equipment and appliance maintenance and repair services. An establishment providing repair services for personal items and small equipment, such as electronics, appliances, and office machines repair. This classification excludes maintenance and repair of vehicles. (See “Automobile, vehicle and equipment repair”)
Firearm sales. The sale, transfer, lease, or offer for sale or lease of a firearm. For purposes of this chapter, firearm sales shall include sale of ammunition, and the terms “firearm” and “ammunition” shall have the same meanings as set forth in Section 9.35.020 of the Municipal Code. See also “Retail sales.” Fitness studio. An establishment providing exercise and physical conditioning services.

Food and beverage sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include a supermarket, grocery, convenience store, liquor store, or delicatessen. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as “catering services” or “eating and drinking establishments”.

Funeral and interment services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human dead. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

Horticulture, limited. The raising of vegetables, flowers, ornamental trees, and shrubs as a commercial enterprise. “Horticulture” does not include the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, as defined in California Health and Safety Code Section 11018.

Hotel. An establishment offering transient lodging on a less than weekly basis where immediate access to rooms is from a fully enclosed area not directly accessible from parking areas on the lot and providing additional services, such as conference and meeting rooms, restaurant, bar, or recreation facilities.

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Chapter 18.190 Land Use Classifications
8 Laboratory. An establishment providing medical or dental laboratory services (including specimen collection facilities) or an establishment with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as “industry, limited.” Live entertainment. Live performance for the purpose of amusing a guest or patron, on a regular scheduled basis, regardless of whether the performers are compensated.

1. Type A. Does not include sound amplification and does not occur between 10:00 p.m. and 9:00 a.m.

2. Type B. Includes sound amplification or occurs between the hours of 10:00 p.m. and 9:00 a.m.

3. Type C. Nightclub or any other commercial establishment with dancing or musical entertainment as the primary use, with food and drink service as the ancillary use.

Maintenance and repair services. An establishment providing off-site repair services for personal items and small equipment, such as appliances and office machines repair, or building maintenance services. This classification excludes maintenance and repair of vehicles; see “Automobile, vehicle and equipment repair.”
Maintenance services establishment. An office establishment providing maintenance and repair services for residential and commercial properties, including businesses such as tree maintenance, pool maintenance, pest extermination services and similar uses. This classification excludes maintenance and repair of vehicles. (See “Automobile, vehicle and equipment repair”) Medical marijuana dispensary. As used herein the term “medical marijuana dispensary” or “dispensary” means any facility or location where medical marijuana is made available to and/or distributed by or to two or more persons in the following categories: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code section 11362.5 et seq. A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code section 11362.5 et seq. and the Pleasant Hill Municipal Code, including but not limited to this Title.

Motel. An establishment offering transient lodging on a less than weekly basis primarily for automobile travelers where a majority of the sleeping units have access directly from parking areas. This classification includes a motor lodge and tourist court.

Nursery. An establishment primarily engaged in the retail sale of plants grown elsewhere. Merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and compost, mulch, soil additives, and fertilizer of any type are stored and sold in package form only.

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Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – October 2024
9 Office, general. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment, law office, or bail bonds. This classification excludes banks and savings and loan associations.

Office, medical. Offices for a physician, dentist, medical practitioner, psychiatrist, psychologist, acupuncturist, optometrist, chiropractor, or other State of California Medical Board licensed physician or surgeon, including (1) medical/dental laboratories incidental to the medical office use and (2) nonmedical counseling uses.

Pawn shop. An establishment engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.

Personal improvement service. Provision of instructional, educational, or training services or facilities, including photography, fine arts, crafts, dance or music studio (but not including gyms and fitness studios), driving school, , diet center, reducing salon, and similar uses.

Personal services. Provision of recurring services of a personal nature. This classification includes a barber or beauty shop, massage, acupressure, tattoo, tanning, seamstress, tailor, shoe repair, dry cleaning agency (excluding dry cleaning plants), photocopying, Internet access facilities (without food or drink service), self-service laundry, and similar uses.

Pharmacy. An establishment where prescription drugs and medicines are sold and dispensed.

Research and development services. An establishment primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronics research firms and pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis.

Retail sales. An establishment engaged in retail sales of goods, including the retail sale of merchandise not specifically listed under another use classification established in this Chapter. This classification includes, but is not limited to, a department store, clothing store, secondhand store, furniture store, and business retailing goods such as: toys, hobby materials, groceries, hand-crafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, baseball cards, coins and other collectibles (e.g., cards, comics), comics, paint and wallpaper, carpeting and floor covering, medical supplies, office supplies, bicycles, and new automotive parts and accessories (including installation, but excluding service activities).

Theater. An establishment providing facilities for motion pictures or dramatic or musical performances and concerts.

Travel services. An establishment providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies.

18.190.040 Industrial Land Use Classifications
Fuel storage and distribution. Establishment engaged in storage and bulk distribution of petroleumbased fuels, including gasoline and diesel fuel and natural gas. This classification excludes automobile service stations.

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Chapter 18.190 Land Use Classifications
10 Industry, custom. Establishment primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment.

1. Small-scale. Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on site. Typical uses include custom bookbinding, ceramic studios, candle-making shops, and custom jewelry manufacture.

2. Artisan/custom product. An establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery, and other ceramics, as well as small glass and metal art and craft products, where any retail sales are incidental to the manufacturing activity.

Industry, limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes bakeries, breweries, dry cleaning plants, printing, and businesses engaged in processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services. • Small-scale. Limited to a maximum gross floor area of 5,000 square feet.

Research and development industry. An establishment primarily engaged in the research, development, and controlled production of high-technology electronic, industrial, or scientific products or commodities for sale. This classification also includes uses such as a biotechnology firm, manufacturer of nontoxic computer components, and uses involving personal fitness science and technology.

Vehicle storage facility. Facilities for transportation vehicles (taxi, limousine, bus) including storage yards with related office, dispatch, and maintenance facilities. This includes storage of parking towaways, impound yard, and storage lot for automobiles, trucks, buses, and recreational vehicles.

Warehousing and storage, limited. Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification excludes wholesale distribution and storage, and vehicle storage.

Wholesale distribution and storage. Establishment engaged in bulk sales of goods primarily to other vendors, with distribution and storage facilities without direct public access.

18.190.050 Public and Semi-Public Land Use Classifications Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of the cemetery.

Community center. A publicly owned facility used for meeting, recreational, or social events.

Cultural institution. Public or nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries.

Day care, general. Provision of nonmedical care for more than 14 persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day care centers for children. (Government Code Sections 65915(i)(4), 65017.5(a)(1)).

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Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – October 2024
11 Emergency medical care facility. A healthcare establishment that provides immediate medical treatment and care to individuals suffering from urgent, acute illnesses or injuries that require prompt attention. These facilities operate on a 24-hour basis, offering services such as emergency diagnosis, stabilization, and, when necessary, immediate interventions to prevent the deterioration of health. An emergency medical care facility may include, but is not limited to, emergency rooms, urgent care centers, trauma centers, and other specialized emergency care units. These facilities are staffed by licensed healthcare professionals, including physicians, nurses, and other medical personnel trained in emergency medicine.

Government office. Administrative, clerical, or public contact office of a government agency, including a postal facility, together with incidental storage and maintenance of vehicles.

Maintenance and service facility. A Government facility providing maintenance and repair services for vehicles and equipment and areas for storage of equipment and supplies. This classification includes corporation yards, equipment service centers, and similar facilities.

Park and recreational facility. Noncommercial park, playground, recreation facility, open space, commercial tennis/swimming club, golf course, driving range, or similar facility.

Public safety facility. A facility that provides public safety and emergency services, including, but not limited to, police and fire protection, whether provided by a public entity or by a private entity under contract to a public entity.
• Offender rehabilitation services. Establishments primarily engaged in providing postconviction and/or post-incarceration follow-up services to individuals and/or groups, including, but not limited to: social services, counseling, monitoring, compliance verification, testing, referrals, and/or other similar follow-up services.

Place of assembly. A facility intended for public or private assembly and meetings, including but not limited to civic auditoriums and theatres, banquet halls, community and civic centers, conference and convention facilities, meeting halls for clubs and other membership organizations, and places of worship.

Residential Care facility, large, licensed. Any one of the following residential or nonresidential care facilities, which serves seven or more residents (or clients):

1. A health facility, as defined at Health and Safety Code Section 1250, including general acute care hospital; acute psychiatric hospital; skilled nursing facility; intermediate care facility; intermediate care facility/ developmentally disabled – rehabilitative; special hospital; intermediate care facility/developmentally disabled; intermediate care facility/developmentally disabled – nursing; congregate living health facility; correctional treatment center (including inpatient health services and not including facilities providing offender rehabilitation services); nursing facility; and intermediate care facility/developmentally disabled – continuous nursing.

2. A community care facility, as defined at Health and Safety Code Section 1502, including:
residential facility; adult day program; therapeutic day services facility; foster family agency; foster family home; small family home; social rehabilitation facility; community treatment facility; full-service adoption agency; noncustodial adoption agency.

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Chapter 18.190 Land Use Classifications
12 3. A residential care facility, as defined at Health and Safety Code Section 1568.01 as a residential care facility for persons with chronic, life-threatening illnesses who are 18 years of age or older, or are emancipated minors, and for family units.

4. A residential care facility for the elderly, as defined at Health and Safety Code Section 1569.2(k) as a housing arrangement chosen voluntarily by persons 60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.

5. A pediatric day health and respite care facility, as defined at Health and Safety Code Section 1760.2 as a facility which provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology dependent children.

6. An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code Section 11834.02, licensed by the State.

Residential Care facility, large, unlicensed. A residential facility, not licensed by the State, in which seven or more individuals with a disability reside who are not living together as a family (as defined) and in which every person residing in the facility is an individual with a disability (except the licensee, members of the licensee’s family, or persons employed as facility staff).

School.

1. School, college and university. A public or private post-secondary institution for higher learning that grants associate or bachelor’s degrees and may also have research facility and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges, public or private colleges and universities, and technical schools.

2. School, private Privately owned and operated elementary, middle, secondary, or high school, or other institution providing academic instruction for students from kindergarten through 12th grade in compliance with the California Education Code..

3. School, technical, trade and vocational. A public or private post-secondary school providing occupational, job training, or recreational activities. Recreational activities include music, dance, or martial arts, or art lessons.

Senior housing. Housing that is available only to households in which the head of the household is 55 years of age or older, and which is not a residential care facility (small or large) as defined in this Chapter.

Utilities, major. Generating plant; electrical substation; above-ground electrical transmission line; switching building; refuse collection and transfer station; processing, recycling or disposal facility; water reservoir; flood control or drainage facility; water or wastewater treatment plant; transportation or communications facility (other than a communication facility as defined in this Chapter); and similar facility of a public agency or public utility.

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Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – October 2024
13 Utilities, minor. Utility facilities that are necessary to support established uses and involve only minor structures such as electrical distribution lines and underground water and sewer lines, and small recycling collection facilities.

Wireless telecommunications facility. A facility that may include but is not limited to a support structure and attached antennas that sends and/or receives radio frequency signals. This includes antennas and all types of equipment for the transmission or receipt of such signals; telecommunications towers or similar structures built to support such equipment, wall-mounted facilities, microwave transmitting and receiving equipment, equipment cabinets and all other related accessory equipment.

18.190.060 Residential Land Use Classifications
Accessory dwelling unit. An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling unit is situated.

An accessory dwelling unit also includes: (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1, and (2) a manufactured home, as defined in Health and Safety Code Section 18007.

See Section 18.15.050 (Accessory Dwelling Units).

Accessory dwelling unit, junior. A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. See Section 18.15.050 (Accessory Dwelling Units).

Bed and breakfast. An establishment offering lodging (with or without incidental meal and/or beverage service) in a single-family residential building and in conjunction with a single-family residential use, for short-term stays of less than 30 consecutive calendar days.

Boarding and lodging. The renting of a room or rooms within an existing single-family dwelling where:
(1) a bedroom or bedrooms are rented, with a separate rental agreement for each room, not for the entire dwelling; (2) for a minimum of 30 consecutive calendar days; (3) with the common use of kitchen facilities; and (4) those occupying the bedroom or bedrooms do not function as a family as defined in Section 18.195.070 (“F” Definitions).

Emergency shelter. Temporary housing, including interim intervention facilities (i.e., navigation centers, bridge housing, respite or recuperative care), with minimal supportive services for displaced persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (Health and Safety Code Section 50801(e)).

Employee housing. Privately owned housing which houses up to six employees in living quarters and is provided in connection with any work, whether rent is involved. Employee housing is subject to the provisions of the Employee Housing Act. In compliance with the Government Code, employee housing, as defined herein, shall be deemed a single family land use and shall be regulated as such for the purposes of this Title.

Employee housing, agricultural. Housing consisting of no more than 36 beds in a group quarter or 12 units or spaces designed for use by a single family or household, or that is approved in compliance with Government Code Section 17021.8, shall be deemed an agricultural land use for the purposes of this Title.

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Chapter 18.190 Land Use Classifications
14 Family day care home. A facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, as defined in Health and Safety Code section 1596.78. A family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a multifamily dwelling in which the underlying zoning district allows for residential uses. A family day care home is where the day care provider resides and includes a dwelling that is rented, leased, or owned.

Group residential. Shared living quarters, in multi-family zoning districts, with or without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, dormitories, and private residential clubs, but excludes care facilities.

Home occupation. A home occupation is an ongoing activity in a dwelling which provides goods or services where such activity is incidental to the primary use of the dwelling for residential purposes.

See also “Cottage food operations.”
Low barrier navigation center. Housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing.

Mobile or manufactured housing. A structure intended for human habitation manufactured or constructed under authority of 42 U.S.C. Sec 5403, Federal Manufactured Home Construction and Safety Standards, or California law (Health and Safety Code Sections 18007 and 18008). The structure is manufactured either in whole or in substantial part at an off-site location, transported to and assembled on-site, and placed on a permanent foundation.

Mobile home park. Any area of land or property that has at least two mobile homes, manufactured homes, recreational vehicles, and/or lots that are held out for rent or lease.

Multi-family residential.
• Two-Unit Dwelling (Duplex). A residential building designed to accommodate two separate households/living units. These units are usually side by side, sharing a common wall, or stacked one above the other, with each unit having its own entrance and often its own yard or outdoor space.
• Three-Unit Dwelling (Triplex). A residential building designed to accommodate three separate households/living units, each with its own entrance and often separate facilities.

Triplexes can be arranged in various configurations, such as side-by-side, stacked, or a combination of these layouts.
• Four-Unit Dwelling (Fourplex or Quad). A residential building designed to accommodate four separate households/living units, each with its own entrance and amenities. These units can be arranged in different layouts, including all on one floor, stacked in two or more levels, or in a combination of these configurations.
• Multi-Unit Dwelling (Over Five Units). A residential building or complex containing more than five separate living units. This category includes apartment buildings, condominiums, and larger residential complexes with various layouts and shared amenities such as common areas.

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Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – October 2024
15 Residential care facility, small, licensed. A facility serving six or fewer residents (not including the licensee or members of the licensee’s family or staff) and is licensed by the State. Any combination of two or more residential care facilities that are under the control and management of the same owner, operator, management company, licensee, or any affiliate of them, and are integrated components of one operation, are considered one facility.

Residential care facility, small, unlicensed. A residential care facility of six or fewer total residents managed under a single operator and designed for short-term stays by each resident as a transition from drug or alcohol rehabilitation or while on parole. Any combination of two or more residential care facilities that are under the control and management of the same owner, operator, management company, licensee, or any affiliate of them, and are integrated components of one operation, are considered one facility.

Senior housing. Housing that is available only to households in which the head of the household is 55 years of age or older, and which is not a residential care facility as defined in this Section.

Single-room occupancy. A single-room occupancy facility is a residential building that includes multiple single-room occupancy units. “Single-room occupancy unit” means housing consisting of single-room dwelling units that are the primary residence of their occupant or occupants. If the singleroom occupancy housing consists of new construction, conversion of nonresidential space, or reconstruction, the unit must contain either food preparation or sanitary facilities and may contain both.

If the single-room occupancy housing consists of acquisition or rehabilitation of an existing residential structure or hotel, neither food preparation nor sanitary facilities are required to be in the unit, but if the units do not contain sanitary facilities, the building must contain sanitary facilities that are shared by tenants.

Single-family residential. An attached or detached residential building designed to accommodate one household/living unit on a single lot. A single-family residential development may be “attached” to another single-family residential development on an adjacent property as allowed by the Building Code.

Single-family residential with boarder or lodger. See “boarding and lodging” in this Section.

Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. Supportive housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning district.

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Chapter 18.190 Land Use Classifications
16 Transitional housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning district.

18.190.070 Temporary Land Use Classifications
Temporary uses are short-term or temporary in nature that are classified separately for purposes of the land use regulations; provided, that the use does not exceed any time limits specified in the Temporary Use Permit as established in Chapter 18.50 (Use Permit, Temporary). If the event takes place partly or wholly on public property, see Chapter 6.20 (Special Event Permit) of this Title.

Agricultural sales. The seasonal sales of agricultural or horticultural products, including firewood.

Excludes Christmas tree and pumpkins sales, as defined in this Chapter.

Animal shows or sales. Exhibitions of domestic or large animals. This classification includes animal sales.

Arts and crafts shows, outdoor. Display and sale of painting, sculpture, hand crafts and similar objects.

Christmas tree sales. The seasonal display and sale of Christmas trees and Christmas wreaths.

Includes preparation of the site, fencing, trailers, tents, necessary storage, equipment, and related accessory services (i.e., netting, baling, flocking).

Civic and community events. Special events open to the public.

Commercial filming, limited. Commercial motion picture or video photography at the same location.

Eating and drinking use. Serving of prepared food or beverages for consumption on or off the premises on a site that is not permanently occupied by, or related to, an existing legally established onsite, eating and drinking establishment.

Farmers’ market. Recurring sales of agricultural, horticultural, and other food products that are seasonal in nature.

Live entertainment event. A non-recurring concert, carnival, circus, fair, or similar event.

Personal property sales. Sales of personal property by a resident. This classification includes garage sales.

Pumpkin sales. The seasonal display and sale of pumpkins. Includes preparation of the site, fencing, trailers, tents, necessary storage, and equipment.

Real estate sales. An on-site office for the marketing, sales or rental of residential, commercial or industrial development. This classification includes “model homes.” Recreational events. Events featuring sports, exercise, physical play, or competitions.

Group assembly events. A non-recurring event intended for the meeting or assembly of a, group, club, or membership organization conducted on a site that is not permanently occupied by a place of assembly use.

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Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – October 2024
17 Retail sales, outdoor. Retail sales of merchandise in an open or covered outdoor area on the site of a legally established retail business.

Street fair. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.

Swap meet. Retail sale or exchange of new, hand-crafted, or secondhand merchandise.

Trade fairs. Display and sale of goods or equipment related to a specific trade or industry.

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Chapter 18.195 Definitions
18 Chapter 18.195
Definitions

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Part 6 – Definitions and Land Use Classifications Chapter 18.195 Revised Preliminary Draft – October 2024
19 Chapter 18.195 Definitions
Sections

18.195.010 “A” Definitions

18.195.020 “B” Definitions

18.195.030 “C” Definitions

18.195.040 “D” Definitions

18.195.050 “E” Definitions

18.195.060 “F” Definitions

18.195.070 “G” Definitions

18.195.080 “H” Definitions

18.195.090 “I” Definitions

18.195.100 “J” Definitions

18.195.110 “K” Definitions

18.195.120 “L” Definitions

18.195.130 “M” Definitions

18.195.140 “N” Definitions

18.195.150 “O” Definitions

18.195.160 “P” Definitions

18.195.170 “Q” Definitions

18.195.180 “R” Definitions

18.195.190 “S” Definitions

18.195.200 “T” Definitions

18.195.210 “U” Definitions

18.195.220 “V” Definitions

18.195.230 “W” Definitions

18.195.240 “X” Definitions

18.195.250 “Y” Definitions

18.195.260 “Z” Definitions

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Chapter 18.195 Definitions
20 18.195.010 “A” Definitions
Acre, gross. A measure of total land area of any lot including future streets, parks, and other land dedications.

Acre, net. The gross area of a lot excluding:

1. Land to be dedicated for required easements for vehicles and rights-of-way, either public or private;

2. Land determined to be hazardous and unbuildable; and/or

3. Land to be dedicated for schools and parks or other facilities dedicated for public use.

Active frontages. Building frontages with occupied spaces that encourage engagement between the building tenants and the public realm. Active frontages allow visual or physical access to the active uses within the building from streets, sidewalks, and paseos.

Affordable housing cost. The maximum cost to rent or purchase a house as defined in Section 50052.5 of the Health and Safety Code (Government Code Section 65915(d)(1).).

1. For extremely low-income households, the product of 30 percent times 30 percent of the area median income adjusted for family size appropriate for the unit;

2. For very low-income households, the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit;

3. For low-income households whose gross incomes exceed the maximum income for very lowincome households and do not exceed 70 percent of the area median income adjusted for family size, the product of 30 percent times 70 percent of the area median income adjusted for family size appropriate for the unit. In addition, for any lower income household that has a gross income that equals or exceeds 70 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household;

4. For moderate-income households, affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent times 110 percent of area median income adjusted for family size appropriate for the unit. In addition, for any moderate-income household that has a gross income that exceeds 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household.

5. Affordable units. Living units that are required to be rented at affordable rents or available at affordable housing costs to specified households.

Alteration. Any modification, change, or adjustment made to a building or structure that affects its physical dimensions, design, function, or use.

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Part 6 – Definitions and Land Use Classifications Chapter 18.195 Revised Preliminary Draft – October 2024
21 Animal.

1. Animal, large domestic. An animal other than a rooster, a nondomestic animal or a small domestic animal as defined herein, and which is typically kept in a coop, corral, stable, or pen, including but not limited to equine (e.g., horses, donkeys, and llamas), bovine, porcine, and ratite (e.g., ostrich, emu and rhea) species, other hoofed animals (e.g., goats or sheep) and any variety of fowl other than hens, which are considered small domestic animals as defined in this Section.

2. Animal, nondomestic. A wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.

3. Animal, small domestic. A small animal of the type generally accepted as a pet, including dog, cat, rabbit, songbird, fish, and the like, but not including chicken, rooster, duck, goose, pea fowl, goat, sheep, pig, hog, or the like.

Antenna. Any system of wires, poles, rods, panels, reflecting discs, or similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external and attached to the exterior of a structure or a pole.

Area median income (AMI). The area median income for Contra Costa County as published at Title 25, California Code of Regulations, Section 6932.

Attached, building or structure. A building or structure that shares a common wall, is physically connected to another building or structure, or two structures that are less than three feet away from each other as measured from the furthest projection on each structure.

Average percent of slope. The ratio between vertical and horizontal distances expressed in percent; the mathematical expression of which is based upon the formula described below:

Figure 18.__-_
Average Percent of Slope Calculation

18.195.020 “B” Definitions
Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet.

Base density. The maximum number of dwelling units on a particular lot of land which complies with the General Plan and all applicable provisions of this Zoning Ordinance.

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Chapter 18.195 Definitions
22 Basement. The portion of a building that is completely below grade. If any part of a building story is above grade, it will not be considered a basement. A basement does not count as a story when calculating the "number of stories" for development regulation purposes. However, sub-level floors, including basements, are included in floor area ratio (FAR) calculations. The addition of any access points, as required by the Building Code, does not change the classification of a basement, provided that all other portions of the floor remain below grade.

Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street, unsubdivided land, watercourse, or City boundary.

Figure 18.__-_
Blockface
Boarder. A person who rents a room within a living unit from a landlord.

Breezeway. A roofed, open-sided passageway connecting two structures, such as a house and a garage.

Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattel, or property of any kind.

Building height. The vertical distance of a building as measured from grade to a base point on the building in compliance with Section 18.45.030 (Height Standards and Exceptions). See definition for “grade.”

18.195.030 “C” Definitions
Caretaker’s quarters. A dwelling unit on the site of a non-residential use, occupied by someone employed to care for a property or facility. Caretaker’s quarters are meant to serve only as a secondary or accessory use to the existing use on the property.

Collection buildings. Buildings with a gross floor area of 225 square feet or less used for the deposit and storage of recyclables.

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23 Commercial cannabis use. Commercial cannabis use means and includes the commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, wholesale or retail delivery, wholesale or retail sale of cannabis and cannabis products, or any combination of such activities, whether or not carried out for profit, and any other activity that requires a license, or may require a license in the future, pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code, Division 10, section 26000 et seq. Without limiting the foregoing, the term “commercial cannabis use” also includes a medical marijuana dispensary, a patient collective or patient cooperative operating under the Compassionate Use Act (Health & Safety Code Section 11362.5) and/or the Medical Marijuana Program Act (Health & Safety Code Section 11362.7 et seq.), as each may be amended; a nonprofit licensee under Business and Professions Code section 26070.5; and a cannabis cooperative association under Business and Professions Code section 26220 et seq.

Condominium project. A housing development of two or more units, the interior space of which are individually owned, with the balance of the property owned by the owners of the individual units. See also Civil Code Section 1351(f) and Government Code Section 65915(b)(4).

Construction cost index. The Engineering News Record San Francisco Building Cost Index. If the index ceases to exist, the City Manager shall submit another cost index which is in their judgment is the nearly equivalent to the original index as possible.

Consumer price index. The U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers for the San Francisco, Oakland, San Jose Metropolitan Statistical Area or, if the index is discontinued, a successor index selected by the City Manager.

Container or storage unit. A container or storage unit includes, but is not limited to, any of the following if 15 cubic yards or larger: a debris or trash box, a cargo or storage container, a construction or transport trailer (when detached from the truck trailer). A container or storage unit is not permanently attached to the ground. A container or storage unit does not include an accessory structure as defined in this Chapter, or a trash container storage unit placed by the disposal company licensed by the City, when that container is used for regular, weekly garbage pick-up.

Cottage food operations. An enterprise that has not more than $50,000 in gross annual sales; operated by a “cottage food operator” (who operates in his or her private home and owns the operation); and having not more than one full-time equivalent employee, not including a family or household member; that involves preparation of “cottage food products” which are nonhazardous foods such as baked goods without cream or meat fillings; candy; chocolate-covered nonperishable foods; dried fruit; dried pasta; dry baking mixes; fruit pies; granola, cereals and trail mixes; herb blends and dried mole paste; honey; jams, jellies, preserves; nut mixes and nut butters; popcorn; vinegar and mustard; roasted coffee and dried tea; waffle cones and pizelles; other items added by the State Public Health Officer on an approved food products list (Health and Safety Code Section 113758). See also “home occupation.” Coverage, lot or site. The percentage of a site covered by a building, accessory structure, roof, soffit, trellis, and eave or overhang extending more than two and one-half feet from a wall, and by a deck or above ground pool more than 36 inches in height.

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24 Figure 18.__-_
Lot Coverage
Cultural resource. Improvements, buildings, structures, signs, features, sites, landscapes, trees, or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the City, the Diablo Valley, the Northern California region, or the nation which may be eligible for designation or designated and determined to be appropriate for historic preservation by the Architectural Review Commission, or by the City Council on appeal, in compliance with the provisions of the Zoning Ordinance.

18.195.040 “D” Definitions
Daylight plane. An inclined plane, beginning at a stated height above grade at a side or rear property line, and extending into the site at a stated upward angle to the horizontal, which may limit the height or horizontal extent of structures at any specific point on the site where the daylight plane is more restrictive than the height limit or the minimum yard applicable at such point on the site.

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25 Figure 18.__-_
Daylight Plane
(The diagram is illustrative)
Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts (see also “balcony”).

Density bonus. As defined by Government Code Section 65915 et seq.

Density bonus housing agreement. A legally binding. recorded agreement between an owner/developer and the City to ensure that the requirements of this Zoning Ordinance and State law are satisfied. The agreement, among other things, shall establish the number of target bonus units, their size, location, terms and conditions of affordability, and production schedule. The agreement shall also require management and maintenance of the units. See Section 18.15.090 (Density Bonus).

Density bonus units. Residential dwelling units allowed to exceed the otherwise allowable maximum residential density for the development site in compliance with the Zoning Ordinance and State law.

Detached, building or structure. A building or structure shall be considered detached from any other building or structure; provided, the distance is a minimum of three feet from any wall or projection, measured at the closest point. See definition for the term “attached.”

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26 Development agreement. A contract between the City and an applicant for a development project, in compliance with Chapter 18.180 (Development Agreement) and Government Code Section 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.

Development standard. Any site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution or regulation.

Driveway. A paved area on a lot necessary to provide direct access for vehicles between a street and either:

1. An area on a residential lot containing four or fewer parking spaces;

2. An aisle between spaces in a parking lot;

3. A loading berth; or

4. A refuse storage area.

18.195.050 “E” Definitions
Electric vehicle (EV) charger. Off-board charging equipment used to charge an electric vehicle.

Electric vehicle charging space (EV space). A space intended for charging electric vehicles.

Electric vehicle charging station (EVCS). One or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. Where a multiport electric vehicle charger can simultaneously charge more than one vehicle, the number of electric vehicle charging stations shall be considered equivalent to the number of electric vehicles that can be simultaneously charged.

Environmental impact report (EIR). An environmental report used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).

Exterior architectural feature. The architectural element embodying style, design, general arrangement, and components of all the outer surfaces of an improvement including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.

18.195.060 “F” Definitions
Family. One or more persons occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family shall not include a fraternal, religious, social, or business group. A family shall be deemed to include domestic worker.

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27 Fence. A barrier made of wire, wood, metal, masonry, or other material used as a screen or enclosure for a yard, equipment, or open space. It includes a wall, gate, or structure used as a fence. A retaining wall, freestanding (monument) sign, or landscape structure is not considered a fence except for that portion which is used as a fence. See Chapter 18.65 (Fences, Walls, and Screening).

Floor area, gross. The total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and any open porch, deck, balcony, or terrace.

Floor area, net. The total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and an open porch, deck, balcony or terrace.

It also excludes any corridors, hallways, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than seven feet, and, in industrial areas, storage sheds with less than 150 square feet of space, bunkers, electrical substations, smoking shelters, instrument shelters, and similar enclosures.

Floor area ratio (FAR). The gross floor area of a building or buildings on a lot divided by the lot area or site area.

Figure 18.__-_
Floor Area Ratio
(The diagram is illustrative)
For-sale project. A residential project, or portion thereof, which is intended to be sold to an owneroccupant upon completion.

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28 Frontage types.

1. Frontage, building. The building facade facing a street or public open space.

2. Frontage, site. The width of the site along a street or public open space.

3. Frontage, street. The property line or part of the site facing a street or public open space. The street frontage is the length of the front lot line or, in the case of a corner lot, the front lot line plus the corner side lot line.

18.195.070 “G” Definitions
General plan. The City of Pleasant Hill General Plan, including all its elements and all amendments, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Zoning Ordinance as the "General Plan." Grade.

1. Grade, average. The average level on the surface defined as the shortest distance between finished grade at the highest and lowest sides of a structure.

2. Grade, existing. The level of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this chapter.

3. Grade, finished. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

4. Grade, street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.

18.195.080 “H” Definitions
Height. The vertical dimension measured from finished grade, unless otherwise specified. See building height as defined in this Chapter.

Historic district. Any area containing a concentration of improvements which have a special character, historical interest or aesthetic value, which possess integrity of location, design, setting, materials, workmanship, feeling and association, or which represent one or more architectural periods or styles typical of the history of the City, and that has been designated an historic district.

Housing development. Construction projects consisting of five or more residential units, including single-family and multifamily units, for sale or for rent. For the purposes of Section 18.15.090 (Density Bonus), housing development also includes a subdivision, planned unit development, or condominium project consisting of five or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five residential units.

18.195.090 “I” Definitions
Illumination, direct. Illumination by means of light that travels directly from its source to the viewer’s eye.

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29 Illumination, indirect. Illumination by means only of light cast upon an opaque surface from a concealed source.

Improved pedestrian connection. An elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of Interstate 680.

Incentive or concession. The benefit offered by the City to facilitate construction of eligible affordable housing costs and units as defined by this Chapter. Examples of incentives/concessions include adjustment of development standards, expedited processing of entitlements, relaxation of otherwise applicable entitlement conditions, and provisions for mixed-use activities. See Section 18.15.090 (Density Bonus).and Government Code Section 65915 et seq.

Inclusionary unit. A dwelling unit reserved for occupancy by a low- or very low-income household (as defined by Health and Safety Code Sections 50079.5 and 50105) with a new residential development.

18.195.100 “J” Definitions
No terms defined.

18.195.110 “K” Definitions
Kitchen. Any part of a room or structure which is designed, built, used, or intended to be used for the preparation or cooking of food and must contain, at minimum, an oven or stove, a refrigerator, and a sink having a drain outlet of larger than one and one-half inches in diameter. A kitchen may also include a microwave, dishwasher, garbage disposal, or other appliances for cooking, preparing, or storing food.

A kitchen does not include bars, butler’s pantries, or similar rooms adjacent to or connected with a kitchen.

18.195.120 “L” Definitions
Land use. The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered, or enlarged or for which either a site or structure is or may be occupied or maintained.

Landscape. To plant and maintain some combination of trees, ground cover, shrubs, vines, flowers, or lawn. Required landscaping may include natural features such as existing or imported rock and structural features including fountains, pools, artwork, screens, walls, fences, or benches. A landscaped area may also include a walkway or concrete plaza if it is an integral part of the elements of landscaping described above. Plants on rooftops, porches, or in boxes attached to buildings are not considered landscaping.

Landscaping, interior. A landscaped area(s) within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).

Landscaping, perimeter. A landscaped area adjoining and outside the shortest circumferential line defining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).

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30 Figure 18.__-_
Landscaping: Interior/Exterior
Living unit. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and bathroom facilities.

Lot. A site or parcel of land.

Lot area. The horizontal area within the property lines excluding public-access corridors, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.

Lot depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.

Lot line types.

1. Front lot line. A lot line abutting the street or easement providing access. The front lot line of a corner lot is the shortest street line. If the street lines are the same length, any of the street-abutting lot lines may be considered the front lot line. a Flag lots. The front lot line of a flag lot (see "flag lot" under "lot types”) is measured at the point where the "pole" meets the bulk ("flag") of the lot parallel to the rear lot line of the lot adjacent to the pole as shown in Figure 18 (Flag Lot Front Lot Line). b Irregular shaped lots. The front lot line of an irregular shaped lot shall be determined by the Zoning Administrator.

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31 Figure 18.__-_
Flag Lot Front Lot Line

2. Interior lot line. A lot line not abutting a street.

3. Rear lot line. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line shall be deemed the rear lot line for the purpose of measuring rear yard depth.

4. Side lot line. A lot line that is not a front lot line or a rear lot line.

5. Street lot line. A lot line, other than the front lot line, abutting a street.

Lot types.

1. Corner lot. A lot bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees on a street or private driveway serving two or more additional properties or dwelling units (not counting accessory dwelling units). The front yard of a corner lot shall adjoin the shortest street property line; provided, that where street property lines are substantially the same length, the Zoning Administrator shall determine the location of the front yard based on existing or proposed access to the principal building on the lot. See Subsection

18.15.040.D (Corner and Double-Frontage Lot Setbacks) for additional development regulations for corner lots.

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32 2. Double-frontage lot. An interior lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line. See Subsection 18.15.040.D (Corner and Double-Frontage Lot Setbacks) for additional development regulations for doublefrontage lots.

3. Flag lot. A lot with a narrow strip of land, known as the "staff" or "pole," that provides access to the main, larger portion of the lot, which is often referred to as the "flag." The staff portion typically resembles a flagpole and connects the larger, buildable area of the lot to a public street or private road.

4. Interior lot. A lot other than a corner lot.

5. Irregular lot. A lot characterized by boundaries that may have varying lengths, non-parallel sides, or unusual angles, resulting in a form that does not conform to the other lot types defined herein. For the purposes of this Title, the lot lines of an irregular lot shall be determined by the Zoning Administrator.

6. Key lot. A key lot is an interior lot whose front yard abuts the rear yard of a corner lot.

Lot width. The average horizontal distance between the side lot lines measured at right angles to the lot depth from the required front yard setback and from the required rear yard setback or from the rearmost point of the lot depth in cases where there is no rear lot line. (See lot depth, lot width diagram.) Figure 18.__-_
Lot Depth and Width
(The diagram is illustrative)
Low-income household. A household whose income does not exceed the low-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development in compliance with Health and Safety Code Section 50079.5.

Lower income household. A lower income household as defined in Civil Code Sections 51.3 and

51.12 (Government Code Section 65915(b)(1) and (c)(1), and Health and Safety Code Section 50079.5.).

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33 18.195.130 “M” Definitions
Market rate units. New living units in residential projects which are not affordable unit.

Maximum allowable residential density. The maximum number of residential units permitted by the General Plan on the date the application is deemed complete. See Government Code Section 65915(o)(2).

Mixed-use. Development projects where a variety of uses such as office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated project.

Mobile recycling unit. An automobile, truck, trailer, or van, licensed by the State Department of Motor Vehicles, which is used for the collection of recyclable materials, including the bins, boxes or containers transported by trucks, vans or trailers and used for the collection of recyclable materials.

Moderate-income household. A household whose income does not exceed the moderate-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development in compliance with Section 50079.5 of the California Health and Safety Code (Government Code Section 65915(c)(2), Health and Safety Code Section 50093).

18.195.140 “N” Definitions
Natural feature. Any tree, plant life, water feature, or rock outcropping.

Noncommercial message or speech. Any message that is not commercial speech, which includes but is not limited to, messages concerning political, religious, social, ideological, public services, and informational topics.

Nonconforming sign, legal. A sign, outdoor advertising structure, or display of any character that was lawfully erected or displayed before the adoption of this Zoning Ordinance, or amendment thereto, but which does not conform with currently applicable requirements prescribed for the zoning district in which the sign is located.

Nonconforming structure, legal. A structure that was lawfully erected before the adoption of this Zoning Ordinance, or amendment thereto, but which does not conform with the currently applicable provisions and/or development standards established for the zoning district in which the structure is located (e.g., setbacks, structure height, distance between structures).

Nonconforming use, legal. A use of a structure of land that was lawfully established and maintained before the adoption of this Zoning Ordinance, or amendment thereto, but which does not conform with currently applicable use regulations for which the zoning district in which it is located.

Nonrestricted unit. All units within a housing development excluding the affordable target units, as defined in this Chapter.

18.195.150 “O” Definitions
Off-street loading facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.

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34 Open space types.

1. Private open space. An open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

2. Shared open space. An open area within a residential development reserved for the exclusive use of residents of the development and their guests.

3. Passive Open Space. An open area outside of a building or structure that is more natural in quality and does not provide facilities or access to users (such as walking paths or seating).

Passive open spaces may include, but are not limited to, bioswales, landscaped areas, and natural habitat.

4. Active Open Space. An open space area or recreational area that has any type of user facility (e.g., walking path, benches, restrooms, sports fields or courts). See also "park and recreational facility" definition in Section 18.190.050 (Public and Semi-Public Land Use Classifications).

5. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this Chapter, including a front yard, side yard, corner side yard, or rear yard.

Ordinary maintenance and repair. Any work, for which a Building Permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage. See definition for the term “alteration.”
Outdoor storage. Storage outside of a building of material not intended for immediate sale or exhibition.

Owner. The person(s) or entity(ies) that hold legal or equitable title to a dwelling or lot.

18.195.160 “P” Definitions
Penthouse equipment. Any structure located on the roof of a building which encloses mechanical equipment.

Permitted. Allowed without a requirement for approval of a Conditional Use Permit or Temporary Use Permit.

Planned development. A development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:

1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.

2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in compliance with Civil Code Section 1367 et seq. (Government Code Section 65915(b)(4); Civil Code Section 1351(k).)

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35 Porch. A covered platform at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled and is attached to the outside of a building.

Preexisting. In existence prior to the effective date of this Zoning Ordinance.

Primary street. A main thoroughfare, including “arterial” through routes and mixed-use, multifunctional right -of-way (at least in part along their length), providing access to properties as well as other amenities.

Processing facility. A building or enclosed space used for the collection and processing of recyclable material, and/or used motor oil, by such means as flattening, mechanical sorting, compacting, baling, shredding, grinding, crushing, and cleaning.

1. A light-processing facility occupies less than 45,000 square feet and includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.

2. A heavy-processing facility is any processing facility other than a light-processing facility.

Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this chapter.

Project site. The specific location on which a development, use, structure, or building is proposed.

Published standards. The standards for specific income levels for Contra Costa County, as published under Title 25, California Code of Regulations Section 6932.

18.195.170 “Q” Definitions
Qualifying household. A household meeting statutory or regulatory requirements to receive the benefits conferred by a statutory or regulatory program.

Qualifying resident. Senior citizens or other persons eligible to reside in a senior citizen housing development (Civil Code Sections 51.3 and 51.12.).

18.195.180 “R” Definitions
Reasonable accommodation. Providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use, zoning and building regulations, policies, practices and procedures or waiving enforcement, if necessary, to ensure equal access to housing for individuals with disabilities in compliance with Chapter 18.125 (Reasonable Accommodation), and State and Federal fair housing laws.

Recreational Vehicle. In compliance with Health and Safety Section 18010, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all the following criteria:
• It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; • It contains 400 square feet or less of gross area measured at maximum horizontal projections;

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36 • It is built on a single chassis; and
• It is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

Recyclable material. Reusable material including, but not limited to, metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.

Recyclable material does not include refuse or hazardous materials but may include used motor oil.

Recycling facility. A center for the collection and/or processing of recyclable materials.

Rehabilitation. Restoring a property to make it usable for modern purposes while preserving its important historical, architectural, and cultural features.

Rental projects. A residential project, or portion thereof, which is intended to be rented to tenants upon completion.

Resale control. A resale restriction placed on inclusionary units by which the price of such units and income of the purchaser will be restricted to assure affordability and occupancy by qualifying households and residents.

Residential project. Any planned zoning district, subdivision map, or discretionary land use entitlement which authorizes five or more living units or residential lots, or living units and residential lots which total five or more in combination. For the purpose of this Zoning Ordinance, contemporaneous construction of five or more living units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same land use entitlement, shall also be considered a residential project. Construction shall be considered contemporaneous for all units which do not have completed final inspections for occupancy and which have outstanding, at any one time, any one or more of the following: planned zoning district, subdivision map, or other discretionary entitlement, or Building Permits, or applications for such an approval or permits.

Residential structure types.

1. Accessory dwelling unit. An attached or detached dwelling unit that is located on a single lot with another, primary dwelling unit and provides complete facilities for independent living for one or more persons. These facilities include permanent provisions for living, sleeping, cooking and sanitation. See Section 18.15.050 (Accessory Dwelling Unit (ADU and JADU)).

2. Accessory dwelling unit, junior (JADU). An accessory dwelling unit which is located within the living space of an existing primary single-unit dwelling, as defined in the California Health and Safety Code. See Section 18.15.050 (Accessory Dwelling Unit (ADU and JADU)).

3. Dwelling. A building designed exclusively for residential occupancy, including single-family, duplex, and multifamily, but not including a hotel, motel, or boardinghouse.

4. Dwelling unit. One or more habitable rooms designed for occupancy by one or more persons for living and sleeping purposes and having a kitchen.

5. Multi-family dwelling. A building used and designed as a residence for two or more families living independently of each other with individual entrances, bathrooms, kitchens and living areas. See “Multifamily Residential” in Section 18.190.060 (Residential Land Use Classifications).

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37 6. Single-family dwelling. A building designed exclusively for occupancy by one family. See “Single-Family Residential” in Section 18.190.060 (Residential Land Use Classifications).

Reverse vending machine. An automated mechanical device that accepts at least one or more types of empty beverage containers including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine.

1. A single-feed revenue vending machine is designed to accept individual containers one at a time.

2. A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight.

Room, habitable. A room meeting the requirements of the Uniform Building Code and Uniform Housing Code for its intended use (e.g., sleeping, living, cooking, or dining), excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces.

18.195.190 “S” Definitions
Senior citizen housing development. A housing development as defined in California Civil Code Section 51.3(b)(4) (Government Code Section 65915(b)(3).).

Setback line. A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, corner side or rear yard, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, corner side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line.

Shopping center. A unified group of retail businesses and service uses on a single site with common parking facilities. A shopping center may include pads for future buildings.

Short-term stay. The rental of a dwelling or a portion thereof by the owner to another person or group of persons for the lodging or sleeping for a term of less than 30 consecutive calendar days.

Sign. Any identification, description, illustration, or device illuminated or nonilluminated, which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify, or convey information.

Sign types.

1. Animated sign. Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create a special effect or scene.

2. Banner. Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges.

3. Business identification sign. A sign that serves to identify only the name and address of the premises, business, building or portion of building upon which it is located and includes no other advertising such as product lists, phone numbers and hours of operation. Such a sign may include a logo or business symbol.

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Chapter 18.195 Definitions
38 4. Commercial sign. A sign that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.

5. Directional or informational sign. Any sign erected for the sole purpose of indicating the route to, direction of or location of a given goal, or which provides regulatory or service information of a nonadvertising character. Directional and informational signs include but are not limited to: signs that denote the route to any City, community facility, historic place, or hospital; signs directing and regulating traffic; signs directing visitors to tourist-oriented businesses; notices of any utility or transmission company necessary for the direction or safety of the public; and signs, notices or symbols as to the time and place of civic meetings.

6. Directory sign. A pedestrian-oriented sign which identifies or lists the names and locations of tenants at a multi-tenant site.

7. Electronic readerboard. A changeable, moving message sign consisting of a matrix of lamps, light emitting diodes (LEDs), or similar devices which are computer-controlled.

8. Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design, used as a symbol.

9. Flashing sign. An illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a nonconstant illumination.

10. Freestanding sign. A sign which is self-supporting in a fixed location and not attached to a building. It includes a sign connected or attached to a sign structure, fence, pole, wall, tree or other vegetation and which is not an integral part of a building.

11. Grand opening sign. A sign used by newly established businesses to inform the public of their location and services.

12. Incidental sign. A small sign less than one square foot pertaining to goods, products, services or facilities that are available on the premises where the sign occurs and intended primarily for the convenience of the public.

13. Logo. A trademark or company name symbol.

14. Master sign program. A coordinated sign plan which includes details of all signs (not including exempt or temporary signs) which are or will be placed on a site, including master identification, individual business and directory signs.

15. Multiple-story office sign. A wall sign used to identify an office building with three or more above-ground levels.

16. Neon or other gas tube illumination. Illumination affected by a light source consisting of a neon or other gas tube which is bent to form letters, symbols or other shapes.

17. Noncommercial sign. A sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.

18. Off-premises sign. An outdoor advertising sign advertising a business, product or service not offered on the premises where the sign is located.

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Part 6 – Definitions and Land Use Classifications Chapter 18.195 Revised Preliminary Draft – October 2024
39 19. Open house sign. A temporary portable sign providing direction to residential real property during the period it is on public display for purposes of sale or lease.

20. Panel sign. A wall sign with a background panel integrated into the sign. The background panel is typically treated with paint, tile, metal, wood, mosaic, decorative stone or similar materials to complement the sign design.

21. Portable sign. A sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs with wheels, A-frames, Hframes, menu and sandwich board signs, balloons used as signs, and umbrellas used for advertising.

22. Projecting sign. A sign which is either suspended from an overhang, canopy, or awning, or is suspended from a mounting attached directly to the building wall and hangs perpendicular to the building wall (also known as a blade sign or shingle sign).

23. Real estate sign. Any temporary sign pertaining to the sale, exchange, lease or rental of buildings or real property.

24. Roof sign. A sign installed on a roof or projecting above the eave of a building or mounted on an arcade or parapet.

25. Subdivision directional sign. A sign providing direction to a land development project within the county pursuant to this chapter.

26. Temporary sign. A sign with commercial or noncommercial text which is intended to be displayed for a limited time. Temporary signs shall include banners or light, rigid material which is not affixed in a permanent manner to the ground or to any structure. Awning signs shall not be considered temporary signs.

27. Theater/cinema sign. A sign, such as a marquee, designed for a theater or cinema, with changeable letters, brighter lights, or other attention-getting features.

28. Time/temperature sign. An electronic or mechanical device which shows time and/or temperature but contains no business identification or advertising. The surface area of the time/temperature display shall be included in the total aggregate sign area of the business.

29. Wall sign. A sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the sign is attached or supported by. An overhang, attached framework, or other substantial architectural appurtenance may be considered an extension of the building wall.

30. Window sign. A sign attached to, suspended or placed within five feet behind, placed or painted upon, the window or glass door of a building which is intended for viewing from the exterior of such building.

Site. A lot, or group of contiguous lots not divided by a street, other right-of-way, or City limit, and under single ownership or unified control.

Specific plan. A plan for a defined area that is consistent with the general plan and with the provisions of the California Government Code authorizing specific plans.

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Chapter 18.195 Definitions
40 Stepback. A step-like recession in the profile of a multistory building. A stepback requires the building to take a step back from the street for every increase in height of the structure. Stepbacks can also be a design technique to reduce the visual impact of tall buildings.

Story. The portion of a building included between the upper surface of a floor and the upper surface of the floor next above. The topmost story is that portion of a building included between the upper surface of the topmost floor and the ceiling of the roof above.

Story, half. A half-story is defined below
• When the finished floor level directly above a useable or unused underfloor space is six feet or less above finished grade.
• When the finished floor level is directly above a story or half story, any story six feet or less is a half-story.

Structure. Anything constructed or erected that requires a location on the ground, including a building, a deck, or a swimming pool, but not including a fence or a wall used as a fence, if the height does not exceed eight feet, or access drives or walks.

Structure, accessory. An accessory structure is a structure placed on a site, other than the principal, permanent residential structure. An accessory structure must be located on a site with an existing or proposed primary structure. Temporary containers or storage units regulated by Section 18.15.050 (Container or Storage Unit), fences or walls eight feet or less in height, decks attached to the principal permanent residential structure, freestanding decks 18 inches or less in height above ground, in-ground pools, and permanent basketball hoops shall not be considered accessory structures.

Swimming pools and hot tubs. Water-filled enclosures having a depth of 18 inches or more used for swimming or recreation.

18.195.200 “T” Definitions
Target unit. A dwelling unit within a housing development which will be reserved for sale or rent to and is made available at an affordable rent or affordable ownership cost to, very low-, low-, or moderateincome households, or other qualifying households, such as senior citizen and student housing development.

18.195.210 “U” Definitions
No terms defined.

18.195.220 “V” Definitions
Very low-income household. A household whose income does not exceed the very low-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Section 50105 (Government Code Sections 65915(b)(2) and (c)(1).

18.195.230 “W” Definitions
No terms defined.

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Part 6 – Definitions and Land Use Classifications Chapter 18.195 Revised Preliminary Draft – October 2024
41 18.195.240 “X” Definitions
No terms defined.

18.195.250 “Y” Definitions
Yard types.

1. Corner side yard. A side yard on the street side of a corner lot. The depth of the corner side yard is the minimum horizontal distance between the corner side property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.

2. Front yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.

3. Rear yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel to it on the site. On a corner lot, the rear yard extends only to the corner side yard. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.

4. Side yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal distance between the side property line and a line parallel thereto on the site, except that the corner side yard shall extend to the rear lot line.

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Chapter 18.195 Definitions
42 Figure 18.__-_
Yard Types

18.195.260 “Z” Definitions
No terms defined.

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1 Planning Commission
staff report June 25, 2024
Subject: ZONING ORDINANCE AMENDMENT - PROPOSED

ORDINANCE AMENDMENTS FOR CONSISTENCY WITH CITY
OF PLEASANT HILL GENERAL PLAN 2040, INCLUDING THE
2023-2031 HOUSING ELEMENT

CITY-WIDE
Project Planner : Haley Croffoot, 925-671-5297, [email protected] I. INTRODUCTION
A. Project Description
The Planning Commission is being asked to review and provide preliminary feedback on proposed amendments to the City’s Zoning Ordinance (PHMC Title 18) on topics related to:
• Enactment and Applicability – Proposed Part 1 (existing Chapters 18.05, & 18.10)
• Regulations Applicable to all Zoning Districts – Proposed Part 3 (existing Chapters 18.50, 18.52, 18.55, 18.60, 18.65, 18.67, 18.70, & 18.145) • Permit And Entitlement Processing Procedures – Proposed Part 4 (existing Chapters 18.70, 18.85, 18.90, 18.95, 18.100, 18.105, 18.110, 18.111,

18.112, 18.115, 18.120, & 18.130)
The proposed Zoning Ordinance amendments are part of a comprehensive zoning ordinance update necessary to implement the goals, policies and programs of the recently adopted 2040 General Plan and 2023-2031 Housing Element, as well as to update current ordinance provisions as necessary. This is the first of three Study Sessions that will cover amendments to every section of the Zoning Ordinance.

B. Background
General Plan: The City adopted the 2040 General Plan (“General Plan”) on May 18, 2023. The General Plan is a long-range planning document that guides decisionmaking and establishes rules and standards for future development and improvements citywide. The General Plan included several implementation programs which outline necessary amendments to the City’s Zoning Ordinance.

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2 Housing Element: The City also adopted the 6th Cycle Housing Element for 2023- 2031 on May 18, 2023 (certified by the State on November 22, 2023). Like the General Plan, the Housing Element also included several implementation programs which outline necessary amendments to the City’s Zoning Ordinance.

Multi-Family and Mixed-Use Zoning Ordinance Update: On January 8, 2024, the Pleasant Hill City Council adopted Ordinance No. 967 approving the rezoning of Housing Opportunity Sites identified in the 2023-2031 Housing Element, as well as Zoning Ordinance amendments to residential land use and development standards (Chapter 18.20) and introduced new mixed-use district standards (Chapter 18.22), as well as related changes to other sections of the Ordinance.

II. GENERAL INFORMATION
Public Notice
A notice of this public hearing was provided on the City Hall electronic sign, A-Frames at the Police Station and Pleasant Hill Library, posted at the Senior Center, and notice of the meeting has also been posted on the City website and the City’s pleasanthill2040.com website, and emailed directly to individuals who subscribed for General Plan/Housing Element related updates.

III. ANALYSIS
The proposed modifications are not all content based modifications. Modifications include providing increased clarity and readability of the ordinance (including language choice and streamlining text where appropriate) and rearranging sections of the ordinance to avoid repetitive statements or to be relocated into more logical locations of the ordinance. Staff has provided an overview of the more substantive modifications for Commission review and feedback in the sections below.

A. Proposed Ordinance Outline
The proposed Zoning Ordinance amendments include a restructuring and reorganization of the existing ordinance into six new Parts. Additionally, all Chapters are listed alphabetically within each Part to improve usability. A revised outline of the Ordinance is included as Attachment A. All Parts will be reviewed by the Planning Commission, and ultimately the City Council.

B. Enactment and Applicability (Proposed Part 1)
Part 1 of the proposed Zoning Ordinance will include chapters related to Purpose and Organization (Chapter 18.05), and Applicability and Interpretation (Chapter

18.10), of the Ordinance. These new chapters directly align with the existing Chapters 18.05 and 18.10. The changes proposed to this Part are primarily minor in nature simply clarify and refine the City’s existing provisions. The proposed amendments also include a revised “Organization of the Zoning Ordinance” (Chapter 18.05.030) section that reflects proposed Ordinance outline. Finally,

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3 Part 1 also includes a new table that consolidates all zoning districts with related densities and FAR standards, consistent with the General Plan.

C. Regulations Applicable to all Zoning Districts (Proposed Part 3) Part 3 of the proposed Zoning Ordinance includes general provisions that apply to all zoning districts as follows:
• General Site and Development Standards
• Adult Businesses
• Cannabis
• Creek Setbacks
• Fences, Walls, and Screening
• Off-Street Parking and Loading
• Performance Standards
• Signs
• Tree Preservation
• Water-Efficient Landscaping
• Wireless Telecommunications
General Modifications: This section of the Ordinance has been expanded to include separate Chapters for frequently referenced provisions such as Tree Preservation, or provisions that were currently imbedded under “Additional Site Development Regulations”, (existing Chapter 18.50) such as Creek Setbacks, and Cannabis. Some of the more substantive changes include clarifying how the City measures structure and building heights (from “existing grade” instead of “ground surface”), updating the City’s traffic safety visibility area (proposed Section

18.45.070) to rectify existing discrepancies between the City’s written provisions and associated diagrams, and re-organizing the City’s temporary sign provisions.

Additionally, information regarding screening of mechanical units was added to the existing fences and walls section (proposed Chapter 18.65) to create a new “Fences, Walls, and Screening” Chapter. Finally, the existing Solar Energy System provisions (existing Section 18.50.160) has been eliminated from the code since the same provisions are already regulated by the Building Code and implemented by the Building Division.

Noise: In accordance with Program P of the General Plan, Staff is evaluating the City’s current noise level provisions. Any proposed revisions to the existing noise standards will be brought back to the Commission at a later date.

Off-Street Parking Provisions: Additional modifications are proposed to the OffStreet Parking and Loading Standards including clarifying when the required offstreet parking and loading facilities should be provided for alterations and expansions to existing structures (proposed Section 18.70.010.B). Additionally, in compliance with State law, a provision has been added that exempts qualifying projects from providing the required number of parking spaces when located with one-half mile of public transit (as defined by state law), unless the City finds that

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4 not imposing the required parking would have substantially negative impacts (proposed Section 18.70.030.B).

The parking requirement for Day Cares and Personal Improvement Services is proposed to reference the Use Permit (which is required for these uses in all zones) as the mechanism for determining the required parking to avoid confusion for potential applicants. Currently, the parking requirement for these uses is not commonly applied to these uses during the review process. Finally, Staff is looking into reducing parking standards for multi-family residential developments in compliance with Program L of the Housing Element and will bring this item back to the Commission for consideration at a later date.

Bicycle parking requirements have also been increased in accordance with Program N of the General Plan. Commercial uses are now required to provide a minimum bicycle parking equivalent to five percent of the automobile parking spaces (current requirement is two percent). Additionally, multi-family developments will now be required to provide a minimum bicycle parking equivalent of one bike stall for every five automobile parking stalls (the current ratio is 1:10).

Sign Provisions: Proposed modifications to the Sign Chapter (proposed Chapter

18.80) include consolidating, and reorganizing sections and subsections for improved usability and adding clarity to the temporary sign regulations.

Additional parameters for calculating sign area for freestanding signs were also incorporated (proposed Section 18.80.070).A) for clarity.

Tree Preservation: Finally, proposed modification to the City’s Tree Preservation Chapter (proposed Chapter 18.90) includes adding palm trees, in addition to Eucalyptus, as exempt from preservation (proposed Section 18.90.030.B.2) and restricting the Heritage Tree Program to only include native or indigenous tree species.

D. Permit and Entitlement Processing Procedures (Proposed Part 4) Part 4 of the proposed Zoning Ordinance outlines the processing procedures for all permits and entitlements that are required by provisions of the Zoning Ordinance as follows:
• Adult Use Development Permit
• Architectural Reivew Permit
• Development Plan Permit
• Minor Exception
• Reasonable Accommodation
• Sign Permit
• Temporary Sign Permit
• Master Sign Program
• Use Permit
• Temporary Use Permit

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5 • Variance
• Zoning Permit
Each Chapter generally includes the purpose of the entitlement of each permit, the review authority, filing and processing procedures, required findings, and lapse of approval and revocation regulations. Where applicable, associated conditions of approval are also outlined. The changes proposed to this Part are primarily minor in nature and are proposed to add clarity and refinement to the City’s existing regulations. The changes also introduce consistency in the information provided for each permit or entitlement.

Some of the more substantial changes include adding clarification for what types of projects trigger Architectural Review Permits, specifically single-unit projects (proposed Section 18.110.010.B) and clarifying what findings are required.

Similarly, the applicability of a Development Plan was also clarified as the existing language was unclear if a Development Plan was applicable to residential projects (proposed Section 18.115.010). Additionally, more clarification was added to the similarities and differences in Use Permits and Minor Use Permits (proposed Chapter 18.145).

In compliance with Program WW of the Housing Element, Staff has amended the Reasonable Accommodation provisions to eliminate any requirements or findings related to the project’s impacts on, or compatibility with, surrounding uses since these are considered constraints to providing reasonable accommodations for special needs housing (proposed Sections 18.125.040 and 18.125.060).

Finally, Staff notes that some permits or entitlements may be approved by the Zoning Administrator, such as Minor Exceptions (proposed Section

18.120.050.B). In these situations, an appeal of the Zoning Administrator’s decision, and therefore the final action on a project, would be considered by the Planning Commission. Additionally in other situations such as a Sign Permit, a Zoning Administrator decision is appealed to the Architectural Review Commission, who would make the final action (Section 18.135.030.D). Staff is seeking feedback on whether the final action should instead be with City Council.

IV. CONCLUSION
The Commission should review the proposed Zoning Ordinance Amendments for Parts 1, 3 and 4, and provide input and feedback to staff. Once input is received on all parts of the Zoning Ordinance, staff will return to the Commission and present a Preliminary Draft of the Ordinance through a public hearing to request a formal recommendation to the City Council.

V. RECOMMENDATION

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6 Conduct the study session and provide feedback to staff on the proposed amendments to the City’s Zoning Ordinance on topics related to: Enactment and Applicability (Part 1); Regulations Applicable to all Zoning Districts (Part 3); and Permit And Entitlement Processing Procedures (Part 4).

VI. ATTACHMENTS
Attachment A Proposed Zoning Ordinance Outline
Attachment B Part 1 - Enactment and Applicability (Redlined Draft) Attachment C Part 1 - Enactment and Applicability (Clean Draft) Attachment D Part 3 - Regulations Applicable to all Zoning Districts (Redlined Draft)
Attachment E Part 4 - Regulations Applicable to all Zoning Districts (Redlined Draft)
Attachment F Part 4 - Permit And Entitlement Processing Procedures (Clean Draft) Attachment G Public Notice

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1 Planning Commission
staff report August 27, 2024
Subject: ZONING ORDINANCE AMENDMENT - PROPOSED

ORDINANCE AMENDMENTS FOR CONSISTENCY WITH CITY
OF PLEASANT HILL GENERAL PLAN 2040, INCLUDING THE
2023-2031 HOUSING ELEMENT

CITY-WIDE
Project Planner : Haley Croffoot, 925-671-5297, [email protected] I. INTRODUCTION
A. Project Description
The Planning Commission is being asked to review and provide preliminary feedback on proposed amendments to the City’s Zoning Ordinance (PHMC Title 18) on topics related to:
• Zone District Regulations and Development Standards – Proposed Part 2 (existing Chapters 18.20, 18.22, 18.25, 18.30, 18.35, 18.40, & 18.45) • Zoning Ordinance Administration – Proposed Part 5 (existing Chapters

18.65, 18.75, 18.80, 18.120, 18.125, 18.130, 18.135)
• Definitions and Land Use Classifications – Proposed Part 6 (existing Chapters 18.15 and 18.140)
The proposed Zoning Ordinance amendments are part of a comprehensive zoning ordinance update necessary to implement the goals, policies and programs of the recently adopted 2040 General Plan and 2023-2031 Housing Element, as well as to update current ordinance provisions as necessary. This is the second of three Study Sessions that will cover amendments to every section of the Zoning Ordinance.

B. Background
General Plan: The City adopted the 2040 General Plan (“General Plan”) on May 18, 2023. The General Plan is a long-range planning document that guides decisionmaking and establishes rules and standards for future development and improvements citywide. The General Plan included several implementation programs which outline necessary amendments to the City’s Zoning Ordinance.

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2 Housing Element: The City also adopted the 6th Cycle Housing Element for 2023- 2031 on May 18, 2023 (certified by the State on November 22, 2023). Like the General Plan, the Housing Element also included several implementation programs which outline necessary amendments to the City’s Zoning Ordinance.

Multi-Family and Mixed-Use Zoning Ordinance Update: On January 8, 2024, the Pleasant Hill City Council adopted Ordinance No. 967 approving the rezoning of Housing Opportunity Sites identified in the 2023-2031 Housing Element, as well as Zoning Ordinance amendments to residential land use and development standards (Chapter 18.20) and introduced new mixed-use district standards (Chapter 18.22), as well as related changes to other sections of the Ordinance.

Comprehensive Zoning Ordinance Update Study Sessions: On June 25, 2024, the Planning Commission conducted the first of three Study Sessions on the comprehensive zoning ordinance update and provided feedback on topics related to:
• Enactment and Applicability – Proposed Part 1 (existing Chapters 18.05, & 18.10)
• Regulations Applicable to all Zoning Districts – Proposed Part 3 (existing Chapters 18.50, 18.52, 18.55, 18.60, 18.65, 18.67, 18.70, & 18.145) • Permit And Entitlement Processing Procedures – Proposed Part 4 (existing Chapters 18.70, 18.85, 18.90, 18.95, 18.100, 18.105, 18.110, 18.111,

18.112, 18.115, 18.120, & 18.130)
Staff will be addressing all comments on all Parts at the third Study Session, anticipated for mid-October 2024.

Miscellaneous Zoning Ordinance Update: On August 13, 2024, the Planning Commission adopted Resolution No. 20-24 recommending that the City Council approved proposed miscellaneous zoning ordinance amendments that were determined to be necessary to comply with State law and to clarify and streamline existing processes. These specific amendments being processed prior to the Comprehensive Zoning Ordinance update to ensure the City’s Zoning Ordinance remains in compliance with required regulations. If adopted, these changes will be incorporated into the comprehensive zoning ordinance update.

II. GENERAL INFORMATION
Public Notice
A notice of this public hearing was provided on the City Hall electronic sign, A-Frames at the Police Station and Pleasant Hill Library, posted at the Senior Center, and notice of the meeting has also been posted on the City website and the City’s pleasanthill2040.com website, and emailed directly to individuals who subscribed for General Plan/Housing Element related updates.

III. ANALYSIS

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3 The proposed modifications are not all content-based modifications. Modifications include providing increased clarity and readability of the ordinance (including language choice and streamlining text where appropriate) and rearranging sections of the ordinance to avoid repetitive statements or to be relocated into more logical locations of the ordinance. Staff has provided an overview of the more substantive modifications for Commission review and feedback in the sections below.

A. Proposed Ordinance Outline
The proposed Zoning Ordinance amendments include a restructuring and reorganization of the existing ordinance into six new Parts. Additionally, all Chapters are listed alphabetically within each Part to improve usability. A revised outline of the Ordinance is included as Attachment A. All Parts will be reviewed by the Planning Commission, and ultimately considered by the City Council.

B. Zone District Regulations and Development Standards (Proposed Part 2) Part 2 of the proposed Zoning Ordinance will include all zoning district regulations and development standards for the following districts:
• Residential
• Mixed-Use
• Commercial, Office, and Industrial
• Planned Unit Development (PUD) and Precise Plan Districts (PPD) • Hillside Planned Unit Development (HPUD)
• Overlay Districts
General Modifications: All zoning district regulations and development standard language has been updated and organized for clarity. Specifically, the land use table for each zone has been updated to clarify that permitted uses require approval of a zoning permit. Additionally, the new land uses (employee housing, mobile/manufactured housing, single family attached, and Places of Assembly), have been incorporated into the land use tables.

Residential Zoning Districts: Amendments are proposed to the residential zoning districts chapter to ensure these provisions comply with the recent General Plan update. Specifically, the summary of residential zoning districts has been updated with the new corresponding General Plan densities. As a result, the minimum lot area of the R-6 zone has increased from 6,000 square feet to 6,313 square feet to comply with the new General Plan density range of the Single-Family High Density designation. Additionally, the new Mangini Delu Single Family Zoning District (R-MD) has been incorporated into the ordinance. The R-MD zoning district generally mirrors the provisions of the R-6 zoning designation.

A more substantial change to the residential land use regulations (Table 18.15-1) is the introduction of multi-family development within single-family zones. Twounit (duplex) developments are already permitted under the two-unit provisions of Senate Bill 9 (SB 9). Staff is proposing to allow multi-family developments of up

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4 to four units maximum within the single-family zone with approval of a conditional use permit. This amendment is in response to the following Housing Element Implementation Programs:
• HEIP I: Variety of Housing Types in Low Density Areas - The City shall encourage alternative housing types such as duplexes, small-lot developments, small unit sizes, and single-family attached units in low density higher resource single-family zones
• HEIP R: Missing Middle Housing - The City shall review and amend the General Plan and zoning code and applicable development standards to encourage and promote a mix of dwelling types and sizes, specifically missing middle-density housing types (e.g., triplexes, courtyard buildings, townhomes, live/work) to create a diversity of housing types and densities and increase the availability of affordable housing to reduce displacement risk for residents overpaying for housing.

Staff is seeking feedback from the Planning Commission on this proposed amendment.

Additionally, large residential care facilities are also proposed to be permitted in single-family zones with approval of a conditional use permit. Finally, employee housing, a newly proposed use classification, is also proposed to be a permitted use in all residential zones. All changes are being proposed to comply with the General Plan and Housing Element Implementation Program O (Municipal Code Updates), which requires the City to amend the code and define and permit such uses as proposed.

Staff is proposing minor changes to the development standards for residential uses, including increasing the maximum building height from 50 feet to 75 feet for the Multi-Family Very High Density zone, and increasing the maximum lot coverage standard from 40-percent to 50-percent for the multi-family very low and multi-family low density zones. Additionally, the scenic route setback has been reduced from 50 feet to 25 feet for all residential zones. These changes are being proposed to facilitate development that is consistent with goals and policies of the General Plan and Housing Element. Staff is also proposing to add clarity to several “additional development standard” such as stepback provisions and open space requirements to improve usability.

Minor changes are also proposed to the Accessory Dwelling Unit (ADU) provisions, Accessory Structure standards, and Urban Lot Splits and Two-Unit Projects (SB 9) for clarity. No substantial changes to content are proposed to these provisions.

Mixed-Use Districts: Since this section was recently adopted at the beginning of this year, only minimal changes are proposed. Staff is proposing to increase the proposed building heights for the mixed-use zones to ensure the envisioned densities can be achieved.

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5 Commercial, Office, and Industrial Zoning Districts: The amendments proposed to the Commercial, Office, and Industrial zones are primarily to provide clarity.

Specifically, the additional development standards were modified to clarify when certain standards are required in commercial districts adjacent to residential zones/uses. Minimal substantive changes to content are being proposed.

C. Zoning Ordinance Administration (Proposed Part 5)
Part 5 of the proposed Zoning Ordinance establishes the general administrative authority and procedures for decision making of the Zoning Ordinance. This includes Chapters related to:
• General Provisions
• Amendments – General Plan, Zoning Ordinance, and Zoning Map • Appeals and Calls for Review
• Development Agreement
• Enforcement
• Nonconforming Provisions
• Notice Requirements
General Modifications: General modifications have been made to Part 5 to streamline and add clarification to the existing processes and procedures, as well as ensure compliance with State provisions.

General Provisions: Staff is proposing to add clarity to the review and approval authority provisions for projects with multiple discretionary permit applications, as well as the environmental review process and procedures, including updating relevant time frames in compliance with State Law and Housing Element Implementation Program DDD (Permit Streamlining Act), which states “The City shall adopt a policy to ensure compliance with the Permit Streamlining Act (Government Code § 65920 et seq.) and timing requirements of the California Environmental Quality Act (CEQA) (Public Resources Code (PRC) § 21000 et seq.)”.

Amendments – General Plan, Zoning Ordinance, and Zoning Map: The existing ordinance does not outline a process for a General Plan Amendment; therefore, Staff is proposing to include a new section outlining the application process, which is similar to Zoning Ordinance amendments. Other changes to this section are proposed to add clarity and ensure transparency in the City’s processes.

Appeals and Calls for Review: Staff is proposing to amend the current appeals process so that the decision of an appellate body on an appeal is final and cannot be appealed a second time. For example, if a decision by the Zoning Administrator is appealed to the Planning Commission, the decision of the Planning Commission will be final, and no further appeal to the City Council will be possible. Staff is proposing this change to streamline the appeals process.

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6 D. Definitions and Land Use Classifications (Proposed Part 6) Part 6 of the proposed Zoning Ordinance includes definitions of all Land Use Classifications and Definitions of terms used throughout the ordinance. These Chapters are currently located in separate Parts of the ordinance and are proposed to be combined into a single Part with this update to improve usability.

Land Use Classifications: Staff is proposing to introduce several new land use classifications, as well as combine other similar land use classifications where appropriate. New land use classifications for “emergency medical care facility”, “School, college and university”, “School, technical, trade and vocational”, “Caretaker’s quarters”, “Employee housing”, “Employee housing, agricultural”, “low barrier navigation center” (defined as “housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing”), and “mobile or manufactured housing” are being proposed to address gaps in the ordinance and/or comply with State law terms and requirements. Additionally, many of these new land use classifications are outlined in Housing Element Implementation Program O (Municipal Code Updates), which requires the City to amend the code and define and permit such uses.

Additionally, “religious assembly” uses have been reclassified as “place of assembly” per State regulations and expanded to include civic auditoriums, theaters, banquet halls, community and civic centers, meeting halls and clubs, thus eliminating the current definition for “clubs and lodges”. Similarly, “large care facilities” have been eliminated from the residential use classifications section and combined with the existing care facility definitions under “Public and Semi-Public Land Use Classifications” for clarity. The definition for “Family day care homes” has been simplified per State law regulations. Finally, the definition of “multi-family residential” uses has been expanded to include separate definitions for duplexes, triplexes, fourplexes, and developments with five or more units. These new sub-categories are also reflected in the land use classification tables and provide additional clarity for staff and applicants when processing multi-family development applications.

Definitions: Several new definitions are being proposed, and several others are proposed to be modified to provide clarity, address gaps in the code, and comply with State law. New proposed definitions include the definition of “alteration”, which is necessary when applying legal non-conforming provisions, and “attached building or structure”, which provides additional clarity to the existing definition of a detached structure. Additional definitions are being proposed regarding electric vehicle charging stations in compliance with State Law. Finally, new definitions related to flag lots, irregular shaped lots, and determining lot lines for each scenario have been clarified in the ordinance to provide clarity for both staff and property owners.

Additional definitions are proposed to be modified include adding clarity to the different “affordable housing costs” income levels, clarifying the definition of

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7 “basement”, as well as updating all density bonus related definitions to comply with State law.

Finally, several other definitions have been determined to be out of date or not applicable and are proposed to be removed. These include “boardinghouse”, “conditioned/habitable space for accessory structures”, and “frontage, building”.

IV. CONCLUSION
The Commission should review the proposed Zoning Ordinance Amendments for Parts 2, 5 and 6, and provide input and feedback to staff. Once input is received on all parts of the Zoning Ordinance, staff will return to the Commission and present a Preliminary Draft of the Ordinance through a public hearing to request a formal recommendation to the City Council.

V. RECOMMENDATION
Conduct the study session and provide feedback to staff on the proposed amendments to the City’s Zoning Ordinance on topics related to: Zone District Regulations and Development Standards (Part 2); Zoning Ordinance Administration (Part 5); and Definitions and Land Use Classifications (Part 6).

VI. ATTACHMENTS
Attachment A Proposed Zoning Ordinance Outline
Attachment B Part 2 - Zone District Regulations and Development Standards (Strikeout-Underline)
Attachment C Part 2 - Zone District Regulations and Development Standards (Clean) Attachment D Part 5 - Zoning Ordinance Administration (Strikeout-Underline) Attachment E Part 5 - Zoning Ordinance Administration (Clean) Attachment F Part 6 - Definitions and Land Use Classifications (StrikeoutUnderline) Attachment G Part 6 - Definitions and Land Use Classifications (Clean) Attachment H Public Notice

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1 Planning Commission
staff report October 8, 2024
Subject: COMPREHENSIVE ZONING ORDINANCE AMENDMENT -

PROPOSED ORDINANCE AMENDMENTS FOR CONSISTENCY
WITH CITY OF PLEASANT HILL GENERAL PLAN 2040,
INCLUDING THE 2023-2031 HOUSING ELEMENT, CITY-WIDE

CITY-WIDE
Project Planner : Haley Croffoot, 925-671-5297, [email protected] I. INTRODUCTION
A. Project Description
The Planning Commission is asked to review and provide preliminary feedback on a comprehensive update to the City’s Zoning Ordinance (PHMC Title 18), which includes all Parts as follows:
• Part 1 – Enactment and Applicability
• Part 2 – Zoning District Regulations and Development Standards • Part 3 – Regulations Applicable to all Zoning Districts • Part 4 – Permit and Entitlement Processing Procedures • Part 5 – Zoning Ordinance Administration
• Part 6 – Definitions and Land Use Classifications
The proposed comprehensive update is necessary to implement the goals, policies and programs of the recently adopted 2040 General Plan and 2023-2031 Housing Element, as well as to address compliance with State law, and clarify and streamline existing processes. This is the third of three Study Sessions with the Planning Commission. Comments from the first two Study Sessions have been incorporated into each part as applicable.

B. Background
General Plan: The City adopted the 2040 General Plan (“General Plan”) on May 18, 2023. The General Plan is a long-range planning document that guides decisionmaking and establishes rules and standards for future development and improvements citywide. The General Plan included several implementation programs which outline necessary amendments to the City’s Zoning Ordinance.

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2 Housing Element: The City also adopted the 6th Cycle Housing Element for 2023- 2031 on May 18, 2023 (certified by the State on November 22, 2023). Like the General Plan, the Housing Element also included several implementation programs which outline necessary amendments to the City’s Zoning Ordinance.

Multi-Family and Mixed-Use Zoning Ordinance Update: On January 8, 2024, the Pleasant Hill City Council adopted Ordinance No. 967 approving the rezoning of Housing Opportunity Sites identified in the 2023-2031 Housing Element, as well as Zoning Ordinance amendments to residential land use and development standards (Chapter 18.20) and introduced new mixed-use district standards (Chapter 18.22), as well as related changes to other sections of the Ordinance.

Comprehensive Zoning Ordinance Update Study Sessions: On June 25, 2024, and August 27, 2024, the Planning Commission conducted the first and second of three Study Sessions on the comprehensive zoning ordinance update and provided feedback on all Parts. A total of 21 written public comments were received (Attachment O), and a total of three members of the public spoke between the two meetings. This is the third Study Session to review modifications to each Part in response to comments received at the two prior Study Sessions. Staff Reports from each Study Session have been attached for reference (Attachment M and N).

Miscellaneous Zoning Ordinance Update: On September 9, 2024, the City Council introduced an ordinance amending various portions of the Zoning Ordinance that were determined to be necessary to comply with State law and to clarify and streamline existing processes. The processing of these specific amendments prior to completion of the Comprehensive Zoning Ordinance update ensures that the City’s Zoning Ordinance remains in compliance with required regulations. The ordinance will return to the City Council for a second reading on October 7, 2024. If adopted, these changes will be incorporated into the comprehensive zoning ordinance update.

II. GENERAL INFORMATION
Public Notice
A notice of this public hearing was provided on the City Hall electronic sign, A-Frames at the Police Station and Pleasant Hill Library, posted at the Senior Center, and notice of the meeting has also been posted on the City website and the City’s pleasanthill2040.com website, and emailed directly to individuals who subscribed for General Plan/Housing Element related updates.

III. ANALYSIS
Staff has provided an overview of the substantive modifications for Commission review and feedback in the sections below. However, not all the proposed modifications are content-based modifications. Modifications also include providing increased clarity and readability of the ordinance (including language choice and streamlining text where

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3 appropriate) and rearranging sections of the ordinance to avoid repetitive statements or relocating them into more logical locations of the ordinance.

A. Enactment and Applicability (Proposed Part 1)
Part 1 of the proposed Zoning Ordinance will include chapters related to Purpose and Organization (Chapter 18.05), and Applicability and Interpretation (Chapter

18.10), of the Ordinance. The changes proposed to this Part are primarily minor in nature simply to clarify and refine the City’s existing provisions.

At the June 25, 2024, Study Session, the Planning Commission expressed general support for the organization and content of Part 1. The Commission requested that Staff add clarification to the table establishing the base zoning districts and corresponding General Plan land use designations where there are no associated densities and/or floor-area-ratios (FAR) established in the 2040 General Plan.

Staff has added clarification to the table for the applicable zoning districts.

B. Zoning District Regulations and Development Standards (Proposed Part 2) Part 2 of the proposed Zoning Ordinance will include all zoning district regulations and development standards for the following districts:
• Residential
• Mixed-Use
• Commercial, Office, and Industrial
• Planned Unit Development (PUD) and Precise Plan Districts (PPD) • Hillside Planned Unit Development (HPUD)
• Overlay Districts
In response to comments received by the public and Planning Commission at the August 27, 2024, Study Session, Staff has made the following modifications:

Mangini Delu Residential Zone:
• The term “single-family” has been eliminated from the title of the Mangini Delu Residential Zoning District since the zone allows for a mix of residential development types.
• The Mangini Delu Residential Zoning District has been broken up into two separate districts, Mangini Delu Residential-East (RMD-East) and Mangini Delu Residential-West (RMD-West). RMD-East designation is intended for lower intensity development adjacent to the existing singlefamily residential neighborhood while RMD-West allows for higher intensity development, still within the 4.6 to 13 dwelling unit per acre density range established by the General Plan. The development standards for each zone have also been updated to reflect the intended development intensity.
• Similarly, the summary description of new Mangini Delu Residential Zoning Districts has been updated to reflect the two new zones.

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4 Additionally, the previous reference to “apartment complexes” has been removed and the summary now includes language referencing the required Master Plan.

Density Bonus: The exiting Density Bonus section of the ordinance has been revised and simplified. The proposed language establishes a general framework for Density Bonus projects and refers to the applicable California Government Code section for details and specific requirements. Staff is proposing to restructure the section in this manner to ensure continued compliance with the frequent updates to Density Bonus provisions at the state level.

The City Attorney is currently reviewing the revised Density Bonus section, and further modifications related to California State Law may be required. Any required changes will be incorporated prior to the subsequent City Council Study Session.

Park and Recreation Zoning District: A new “Park and Recreation” zoning district is being introduced, which will apply to all Pleasant Hill Recreation and Park District (PHRPD)-owned facilities. Many of these properties are currently zoned Single-Family Residential. The new Park and Recreation Zoning District focuses on the preservation and support of these facilities. The proposed development standards still mirror those within the Single-Family Residential District to ensure development is compatible with the surrounding residential neighborhoods. The allowed land uses have been limited to only those related to parks and recreation facilities.

Finally, City review of development and activity within this zoning district has been divided into three separate tiers of review as follows:

1. Exempt Activities: Tree removals (including protected trees), and routine maintenance and repair of parks and facilities that do not include an expansion of floor area.

2. Activities Requiring a Zoning Permit: All activities which otherwise comply with the permitted land uses and development standards. This includes new facilities and parks, or alterations to existing facilities that include an expansion of floor area. The Zoning Permit would be reviewed at the Staff Level, would not require any Public Hearings, and could not be appealed.

However, these activities would still be required to obtain Building and Grading Permits, as applicable.

3. Activities requiring Other Entitlements: Any activity or development that does not comply with the proposed development standards would be required to obtain a Development Plan, Architectural Review, and/or Use Permit (including any other permits). These entitlements would be subject to the standard discretionary review process. Additionally, any map related activities such as subdivisions or lot line adjustments would be subject to the Subdivision Map Act and City processes and procedures.

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5 Currently, PHRPD development is processed and reviewed in the same manner as any private development proposal. The proposed amendment would streamline the process for certain PHRPD projects by not requiring a second public review process with the City. The PHRPD has an elected Board of Directors, and has its own public review process; thus, public input on those projects would remain if this amendment were adopted. However, the proposed amendment would still allow City review of certain projects, primarily if the proposal were to exceed established development standards.

C. Regulations Applicable to all Zoning Districts (Proposed Part 3) Part 3 of the proposed Zoning Ordinance includes general provisions that apply to all zoning districts as follows:
• General Site and Development Standards
• Adult Businesses
• Cannabis
• Creek Setbacks
• Fences, Walls, and Screening
• Off-Street Parking and Loading
• Performance Standards
• Signs
• Tree Preservation
• Water-Efficient Landscaping
• Wireless Telecommunications
At the June 25, 2024, Study Session, the Planning Commission expressed general support for the structure and content of Part 3 and asked for a few clarifications to specific sections to which Staff made revisions as follows:

Traffic Safety Visibility Area (Figure 18.45-7): The Traffic Safety Visibility Area diagram has been updated for clarity and to correct misinformation on the existing diagram.

Structure Projections and Encroachments into Setbacks (Section 18.45.080): Staff has removed reference to “courts” throughout this section to avoid redundancy and confusion.

Corner Lot and Key Lot Fence and Wall Standards (Figure 18.65-1): The Corner Lot and Key Lot Fence and Wall Standards diagram has been updated for clarity and to correct unclear information on the existing diagram.

Off-Street Parking and Loading Standards: Program L of the Housing Element encourages the City to consider parking reductions to encourage residential development. Since the June 25, 2024, Study Session, Staff has researched parking standards for neighboring and comparable jurisdictions (see table below) as well as Institute of Transportation Engineers (ITE) data to determine if a

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6 reduction from the current parking provisions for multi-family residential development is warranted.

Parking Requirements for Multi-Family Uses
Pleasant Hill
(Existing)
ITE
General
Urban/Suburb
an (not close
to transit)
Martinez Concord Walnut
Creek Lafayette Foster City Hercules
Studio 1.5 spaces

1.35 per
unit
1 1 1.25 1 1

1.5 1 bedroom 1.5 spaces 1.5 1.5 1 1.5
2 bedrooms
2 spaces
2 2 1.2 2
3 bedrooms 2 2.25 1.5 2
4+
bedrooms
2 + 0.5
per add.
bdrm

2.25 1.5 2
Guest
Parking 1 per 2 units 1 per 4 units
1 per 3
units None 1 per 2 units
1 per
4 units
1 per 2
units
Based on research from neighboring and comparable jurisdictions and ITE data, Staff is currently proposing to modify or condense the following parking requirements for multi-family uses:

Proposed Parking Requirement for Multi-Family Uses in Pleasant Hill Current Proposed
Studio 1.5 spaces per unit 1.25 spaces per unit
1 bedroom 1.5 spaces per unit Unchanged
2+ bedrooms 2 spaces per unit Unchanged
Guest Parking 1 per 2 units 1 per 4 units
The proposed parking requirements represent a reduction from the current standards for Studio and Guest Parking, with 1 Bedroom and 2+ Bedrooms unchanged. With the reductions, these changes would meet the intent of Housing Element Program L, while still mirroring requirements in comparable jurisdictions and meeting or exceeding ITE data.

D. Permit and Entitlement Processing Procedures (Proposed Part 4) Part 4 of the proposed Zoning Ordinance outlines the processing procedures for all permits and entitlements that are required by provisions of the Zoning Ordinance as follows:
• Adult Use Development Permit
• Architectural Review Permit
• Development Plan Permit
• Minor Exception
• Reasonable Accommodation

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7 • Sign Permit
• Temporary Sign Permit
• Master Sign Program
• Use Permit
• Temporary Use Permit
• Variance
• Zoning Permit
At the June 25, 2024, Study Session, the Planning Commission expressed general support for the structure and content of Part 4 and had no comments. Therefore, no significant changes have been made to Part 4 since the last Study Session.

E. Zoning Ordinance Administration (Proposed Part 5)
Part 5 of the proposed Zoning Ordinance establishes the general administrative authority and procedures for decision making of the Zoning Ordinance. This includes Chapters related to:
• General Provisions
• Amendments – General Plan, Zoning Ordinance, and Zoning Map • Appeals and Calls for Review
• Development Agreement
• Enforcement
• Nonconforming Provisions
• Notice Requirements
In response to comments received from the public and Planning Commission at the August 27, 2024, Study Session, Staff has further clarified the “Right to Appeal, Call for Review, Time Limits” section (18.175.020) noting that a project is limited to one appeal. No limitations are proposed for the number of calls for review. For example, a decision of the Zoning Administrator that is appealed to the Planning Commission may not be appealed to the City Council, however the City Council may choose to call it up for review.

F. Definitions and Land Use Classifications (Proposed Part 6) Part 6 of the proposed Zoning Ordinance includes definitions of all Land Use Classifications and Definitions of terms used throughout the ordinance. These Chapters are currently located in separate Parts of the ordinance and are proposed to be combined into a single Part with this update to improve usability.

In response to comments received by the public and Planning Commission at the August 27, 2024, Study Session, Staff has provided a diagram illustrating the front property line location for flag lots. New definitions for “active open space” and “passive open space” to provide clarity for open space requirements for new development.

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8 IV. CONCLUSION AND NEXT STEPS
The Commission should review the proposed Preliminary Draft of the comprehensive Zoning Ordinance update and provide input and feedback to staff. The City Council will also review the Preliminary Draft of the comprehensive Zoning Ordinance at an upcoming study session.

V. RECOMMENDATION
Conduct the study session and provide feedback to staff on the proposed amendments to all Parts of the City’s Zoning Ordinance as follows: Part 1 – Enactment and Applicability; Part 2 – Zoning District Regulations and Development Standards; Part 3 – Regulations Applicable to all Zoning Districts; Part 4 – Permit and Entitlement Processing Procedures; Part 5 – Zoning Ordinance Administration; and Part 6 – Definitions and Land Use Classifications.

VI. ATTACHMENTS
Attachment A Part 1 - Enactment and Applicability (Redlined Preliminary Draft) Attachment B Part 1 - Enactment and Applicability (Clean Preliminary Draft) Attachment C Part 2 - Zone District Regulations and Development Standards (Redlined Preliminary Draft)
Attachment D Part 2 - Zone District Regulations and Development Standards (Clean Preliminary Draft)
Attachment E Part 3 - Regulations Applicable to all Zoning Districts (Redlined Preliminary Draft)
Attachment F Part 3 - Regulations Applicable to all Zoning Districts (Clean Preliminary Draft)
Attachment G Part 4 - Regulations Applicable to all Zoning Districts (Redlined Preliminary Draft)
Attachment H Part 4 - Permit And Entitlement Processing Procedures (Clean Preliminary Draft)
Attachment I Part 5 - Zoning Ordinance Administration (Redlined Preliminary Draft)
Attachment J Part 5 - Zoning Ordinance Administration (Clean Preliminary Draft) Attachment K Part 6 - Definitions and Land Use Classifications (Redlined Preliminary Draft)
Attachment L Part 6 - Definitions and Land Use Classifications (Clean Preliminary Draft)
Attachment M June 25, 2024 Planning Commission Study Session Staff Report (no attachments)
Attachment N August 27, 2024 Planning Commission Study Session Staff Report (no attachments)
Attachment O Public Comments (all received to date)
Attachment P Public Notice

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From: Jack Prosek
To: Haley Croffoot
Subject: Ordinance Revisions - Chapter 18.45 General Site Standards Date: Saturday, June 22, 2024 12:57:56 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Haley -
This email is limited to my comments on the proposed General Site and Development Standards for the City of Pleasant Hill. Please distribute this email to the Planning Commissioners for their Study Session on Tuesday June 25th. pages 6 & 7 Height Standards and Exceptions - I am really surprised to see that Elevators & Penthouses are among the listed Exceptions to the height limits. Over the last 40+years I have attended a number of Planning Commission hearings where the proposed building heights were being questioned by the Residents & I never heard any of the City Staff Planners point out these Exceptions. In particular, this applies to the office building at 400 Taylor Blvd., both as originally designed & thru three major revisions. page 7 para. 18.45.030 A.6. Penthouse - you might want to clarify that this applies to mechanical / electrical / elevator equipment penthouses, and not for a residence or commercial space penthouse.
pages 7 & 8 para. 18.45.030 B.2. Flat Roofs - for Flat Roofs more than 1 or 2 stories above grade I believe that the Building Codes require a guardrail or parapet wall that extends 42" above the roof edge, so the height measurement should be to the top of that structure in every case. Also, Flat Roofs (really, Low Slope Roofs) should always have a slope of at least 1/4" / ft. to the nearest storm water drain for proper drainage. page 9 para. 18.45.040 A.1. Fractions - for the example given, a 50' strip divided by 30 equals 1.67 (not 1.37); maybe the example you want to use in this case is a 40' strip divided by 30 equals 1.33.
page 13 Section 18.45.070 Screening of Mechanical Equipment - since this Section has been deleted in its entirety, are these requirements covered elsewhere in the Standards or Regulations ?
page 13 Section 18.45.070 Traffic Safety para. A., B.1. & B.2. - I don't know of any alleys in the City of Pleasant Hill, but these regulations would severely restrict fences & outbuildings in a typical backyard.
page 14 Section 18.45.070 para. C. Height Limit - the use of two standards (30" & 36") is confusing at best; can a residence have a 1' to 2' high landscape retaining wall & then measure the 36" from the higher grade on the inside ??
page 14 Section 18.45.070 Traffic Safety - Figure 18.45-7 appears to be missing . . . . . page 15 Section 18.45.090 Underground Utilities - when my subdivision was built about

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60 years ago, the telephone wiring was all underground. About 25 years later, Pacific Bell came thru & installed overhead wiring on the same poles that already held both electrical power & Cable TV wiring because they had experienced numerous service interruptions & excessive maintenance costs with the original underground installation.

Some years ago I thought that the City had a regulation that no fences or landscape plants could be within 5' of the curb on any street that did NOT have a public sidewalk. If this is still applicable, I would note that there are numerous violations of the provision all over the City ! Jack Prosek
PH Resident / Homeowner
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From: Jack Prosek
To: Haley Croffoot
Subject: Ordinance Revisions - Chapter 18.70 Off-Street Parking ad Loading Date: Friday, June 21, 2024 6:02:53 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Haley -
This email is limited to my comments on the proposed Off-Street Parking regulations for the City of Pleasant Hill. Please distribute this email to the Planning Commissioners for their Study Session on Tuesday June 25th.
page 40 para. A - the provision to "insulate surrounding land uses from adverse impacts" is the key provision of this entire document !
page 41 para. B.1.a. - the "change of use" also is an important provision - one that the City Planners totally ignored when office spaces on Civic & Norse Drives were converted from offices to college classrooms !
page 44 Section 18.70.030 - Table 18.70-xx - the parking requirements for Single Family Residential reflect an outdated 60 yo standard. As was repeatedly discussed at various City Hearings, this is grossly inadequate for the small sf lot housing developments now being proposed such as those on Monticello at Oak Park & at 401 Taylor. Mature subdivisions consistently show that the standard suburban 2-car garage rarely ever houses more than one car; the other half is used for lawn & garden equipment, bicycles, freezer chests, overflow storage, etc. When the lot sizes go significantly below 6000 sf, there is inadequate street parking for guests & service vehicles. In the case of the aforementioned housing developments, this was resolved by requiring 18' minimum long driveways for these 3500 sf +/- lots.
page 45 Section 18.70.030 - Table 18.70-xx - the requirements for Schools, Public or Private, do not recognize the vast differences between Elementary, Middle, High Schools & Colleges.

For Elementary & Middle Schools, it is suggested that you have one space per employee onsite plus 0.5 guest spaces per classroom. On the other hand, upwards of half the number of Students do drive to the High Schools in this area & the College Student vehicles are mostly driven by single occupants, although they are not onsite every day classes are being held.

Perhaps this requirement should be something like the number of employees daily plus 25% for HS students and 33% for College students. (but my understanding is that the City has little to no jurisdiction over any of the Public Schools).
page 48 Section 18.70.040 Shared Parking Facilities - whenever a landlord chooses to assign more than 15-20% of the required number of parking spaces to specific businesses, there should be a provision to increase that requirement by 25% to account for the underutilization of the available parking - given that 20% of the spaces might go unused during peak times.
page 50 Section 18.70.060 - one quarter of a mile is a very tight criteria for a "regional transit hub"; I would have expected to see this to be between 1/2 & a full one mile for the allowable

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reduction. Also expected to see some reduction for dwelling units within 1/2 mile of a bus stop that has daily service at 30-40 minute intervals.
page 51 Section 18.70.090 - para A.1 - as I read the EV parking space requirements in subparagraphs a. & b., a facility that has 199 spaces requires five spaces while one with 201 spaces needs fifty - 10 times as many - is that the intent ? page 53 Section 18.70.100 Parking Space - Table 18.70-yy - there are no entries in dimension columns for Residential Garages. The 19' length for Uncovered Residential Spaces exceeds the 18' driveway lengths that I believe were approved for the Oak Park & 401 Taylor Housing projects. Do you need to add the size requirements for angular spaces in Nonresidential sites ?
pages 53-57 - Section 18.70.100 - a second paragraph "A" follows "D" on page 55 - does this Section need to be renumbered ?
page 55 Section 18.70.100 - para D. Wheel Stops - are these required at ALL single family & multi-family residential properties ? (they are a very serious tripping hazard, especially for Senior Citizens !).

That's it for this Chapter . . . . .

Jack Prosek
PH Resident / Homeowner
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From: Jack Prosek
To: Haley Croffoot
Subject: Ordinance Revisions - Section 18.45.040 Screening Mechanical Equipment Date: Sunday, June 23, 2024 5:32:22 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Haley -
This email is limited to my comments on the proposed Equipment screening requirements for the City of Pleasant Hill. Please distribute this email to the Planning Commissioners for their Study Session on Tuesday June 25th.

Well, now I found that Screening of Mechanical Equipment is covered by the renumbered Section 18.65.040 on page 37 which explains Section 18.45.070 was deleted.

The Title for Section 18.65.040 should be revised to read "Screening of Mechanical and Electrical Equipment".
para. A. - in the first sentence, add "and electrical" after mechanical. para. A. - The list of equipment to be screened should be expanded to include plumbing equipment, electrical switchgear & communications equipment & antennas. para. A. - If "plumbing lines" need to be screened, then you also should include hot & chilled liquid piping & electrical conduits & raceways.
para. A. - revise the second sentence of the text which now reads "Equipment to be ... equipment ...". (also note that plumbing lines & ductwork would not ordinarily be considered to be "equipment").
para. A. - do backflow prevention valve assemblies also need to be screened ? para. C. - concrete (or concrete block) is unlikely to be used for screens other than at ground level, but other materials would likely include various metals & plastics which would have a longer lifespan than wood.
para. C. - 50% openings in the screen would be a lot; should this be a lower figure - say 20- 30% ?
Jack Prosek
PH Resident / Homeowner
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From: Bruce Irion
To: Troy Fujimoto
Cc: Haley Croffoot; David Blau
Subject: Definition of "Public Transit"
Date: Friday, June 21, 2024 6:12:29 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

I note that the proposed regulatory revisions in front of the Planning Commission for their 6/25 meeting contain a section that says:

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 of 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]
I could not find Part 6 Chapter 18.205 but in reviewing AB 2097 to try to understand what being "within one-half mile of public transit" means I found the following:

Public transit is defined as any major transit stop that is included in regional transit plans or the intersection of two or more bus routes with a frequency of service of 15minutes
For Pleasant Hill, I am presuming this translates to within 1/2 mile of the PH BART station as none of the bus lines servicing Pleasant Hill have frequency of service less than 30minutes.

Am I interpreting this section and definition correctly? Thanks,
Bruce Irion

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25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | @PHcreeks Friends of Pleasant Hill Creeks is a Project of Social and Environmental Entrepreneurs (SEE) a non-profit public charity exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code.

June 25, 2024
City of Pleasant Hill Planning Commission
Via Electronic Mail: [email protected]
RE: Study Session #1—Zoning Ordinance Amendments—Chapter 18.60 (Creek Setbacks) Dear Commissioners:

We are writing to provide input and support for the process of updating Chapter 18.60 (Creek Setbacks) to be consistent with the goals, policies and programs of the recently adopted 2040 General Plan. We are concerned that the current draft amendments include the same creek setbacks that were adopted in 2009, which are outdated, inadequate, and inconsistent with the 2040 General Plan. Therefore, we respectfully request revision of Chapter 18.60 to be consistent with the 2040 General Plan and with best practices for protecting our creeks and enhancing the community benefits they provide, including clean water, wildlife habitat, flood protection, and natural beauty. Below are (1) relevant sections of the 2040 General Plan, (2) specific comments and considerations, and (3) recommended next steps.

1. 2040 General Plan. Relevant goals of the 2040 General Plan include:
• ENV-2: Protect the quality of water resources in Pleasant Hill. • ENV-3: Preserve and restore streams, wetlands, and riparian areas to function as open space and wildlife corridors.
• PFS-3: Provide a resilient, sustainable stormwater management system that reduces runoff volume and minimizes flood potential from existing and future development.

Relevant policies include:

ENV-3.1 Creek Protection Zone Establishment for New Development. Establish creek protection zones for creeks that extend a minimum of 25 feet (measured from the top of a bank and a strip of land extending laterally outward from the top of each bank), with wider buffers where significant habitat areas or high potential wetlands exist. The City shall prohibit development within a creek protection zones, except as part of greenway enhancement, including habitat conservation, bike and walking paths, wildlife habitat, and native plant landscaping). City approval is required for the following activities within the creek protection zones:

1. Construction, alteration, or removal of any structure;

2. Excavation, filling, or grading;

3. Removal or planting of vegetation (except for removal of invasive plant species); or

4. Alteration of any embankment.

ENV-3.2 Creek Contamination and Sedimentation Prevention. Require new development to use site preparation, grading, and construction techniques that prevent contamination and sedimentation of creeks and streams.

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ENV-3.3 Creek Bank Stabilization. Require new development proposals to include appropriate measures for creek bank stabilization, and any additional steps necessary to reduce erosion and sedimentation but preserve natural creek channels and riparian vegetation.

ENV-3.4 Stream, Wetland, and Riparian Reclamation. Reclaim degraded streams, wetlands, riparian areas, and wildlife migration corridors, where possible, in cooperation with the Flood Control District, and other local and regional organizations.

ENV-3.5 Reclamation with New Development. Require new development adjacent to creek protection zones to include the reclamation of adjacent creeks, wetlands, and riparian areas.

Please note that this is not a comprehensive list of all the provisions in the 2040 General Plan that should be considered.

2. Specific Comments and Considerations.

Below is a screenshot of the proposed creek setback requirements (Packet Pg. 147). Please note that these proposed requirements are a continuation of prior City creek setbacks adopted in 2009 and do not reflect any updates based on the 2040 General Plan. Pleasant Hill has an opportunity and obligation to review these standards and update them consistent with the 2040 General Plan.

The 2009 setbacks do not reflect current knowledge of the complexities and environmental values of the creeks of Pleasant Hill. Our hardworking creeks serve many functions. We have small upland tributaries, larger connector creeks and major stems that need to convey significant amounts of storm water. Our creeks serve as important habitat and corridors for wildlife. More than 100 species of native and migratory birds, Chinook salmon, river otters, beavers, and Western pond turtles have been documented in Pleasant Hill’s creeks. The creek system’s stormwater functions will be greatly impacted by climate change and greater urban density. We need to plan for much greater resiliency. Therefore, the current "one size fits all" approach is not consistent with our community’s needs or our new 2040 General Plan.

Updated creek setbacks should take a number of issues into account, including the following • The codes in nearby cities and Contra Costa County (“County”) take bank slope angles along with depth into effect and have larger setbacks. For instance, the County uses a line from the toe (bottom) of the creek bank sloping at a 2.5 to 1 ratio (horizontal to vertical) to intersect with the top of the bank to determine the starting point of the required setback (in their case a minimum of 30 feet).1 This is a much safer approach as it provides for a buffer in case of erosion and increases climate resiliency.
• At a minimum, the Contra Costa County Flood Control District (“CCFCD”) should be consulted regarding safer, more environmentally friendly setbacks given our now better understanding of climate risks and the need for riparian restoration, consistent with the CCFCD's 50 Year Plan.2 1 See https://www.contracosta.ca.gov/DocumentCenter/View/41701/Creek-Structure-SetbackPamphlet_March_2024-PDF?bidId= 2 https://www.contracosta.ca.gov/DocumentCenter/View/6853/50---Year-Plan-3-20-09-BOS-compressedPDF?bidId=

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• Orinda and Lafayette also have different setbacks for creeks with slopes of greater than 2:1 (horizontal:vertical) than for lesser slopes. This means that on creeks with vertical banks the required setback does not start at the top edge of the bank as it can in Pleasant Hill. A buffer zone is added based on the slope angle and creek depth. Please note that vertical creek banks using a 1:1 ratio for depth/required setback are potentially unstable, according to CCCFCD. A vertical bank can easily erode at its base causing the top to collapse. For reference, we have included links to Orinda's guidelines3 and Lafayette's guidelines4 in the footnotes. • Pleasant Hill should consider stream channel types as do other municipalities. An ephemeral upstream channel may have different setback needs than much larger downstream channels. • It is possible to retain current exemptions for legally constructed but non-conforming structures should new setbacks be considered (keeping current requirements that non-conformity not be increased). Our city is mostly built-out and the standards should reflect that, but our new standards should also consider that there are large creek-side areas still undeveloped, on both private and public land.

3. Recommended Next Steps:
• We request that Pleasant Hill’s creek setback standards be updated to implement the goals, policies, and programs of the City’s recently adopted 2040 General Plan as well as current best practices for development adjacent to creeks and riparian areas.
• We encourage the Planning Commission and City staff to consult and collaborate with community stakeholders, adjacent cities, and the County (including the CCCFCD) regarding creek setbacks. • We also encourage collaboration on a watershed-wide basis to improve our riparian areas with flood conveyance and environmental values.
• We request that the City appoint a staff person to coordinate this revision process. • We request the opportunity for the public to review a copy of the “City of Pleasant Hill Creek System” map, as referenced in Section 18.60.010B.

We look forward to working with the City and other stakeholders to update the City’s Creek Setback standards. Please feel free to contact us with any questions, and thank you for your consideration of our comments.

Sincerely,
Alan Bade
Co-Founder, Friends of Pleasant Hill Creeks / SEE
[email protected]
3 Chapter 17.4 - RESIDENTIAL DISTRICT BASE DEVELOPMENT REGULATIONS | Code of Ordinances | Orinda, CA | Municode Library
4 635561390008430000 (lovelafayette.org)

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Hours
Monday - Thursday 7:00 a.m. - 5:00 p.m.

Friday 7:00 a.m. - 4:00 p.m. Closed 12:00-1:00 p.m.

Records Counter is closed on Fridays
Phone numbers:

Main number: (925) 313-2000
Fax number: 313-2333
Administrative Services: 313-2340
Buchanan Airport: 681-4200
Byron Airport: 608-8383
Capital Projects: 957-2471
County Clean Water Program: 313-2360
Custodial: 313-7096
Design/Construction Division: 313-2320
Engineering Services Division: 313-2170
Facilities Maintenance: 313-7052
Finance Division: 313-2344
Fleet Services: 313-7021
Flood Control District: 313-2270
Information Technology Division: 313-2261
Kids at Work: 313-2380
Maintenance Division: 313-7000
Materials Management: 313-2000
Print and Mail: 646-5521
Purchasing: 957-2499
Real Property Division: 957-2467
Records Section: 313-2356
Special Districts Section: 313-2170
Transportation Engineering: 313-2370
Traffic Section: 313-2370
Watershed Program: 313-2236
Public Works Website:
www.cccpublicworks.org
CREEK

STRUCTURE

SETBACK

REQUIREMENTS

FOR NATURAL
(UNIMPROVED)

CHANNELS
Contra Costa
County
Public Works
Department
255 Glacier Dr.

Martinez, CA
(925) 313-2000

CREEK STRUCTURE SETBACK
AREA
CREEK

PROPERTY

CREEK STRUCTURE SETBACK
LINE
Example aerial view of property traversed by
a natural (unimproved) channel.

Provide CSS line determinations (by the
method explained on the other side of this
pamphlet) for at least three locations of the
channel. The red stars ( ) show a few potential locations at which to calculate the setback distance.

Note: There may be other regulations that
need to be investigated before working near
natural (unimproved) channels, such as the
County’s Floodplain Management Ordinance.

An exception to the CSS may be granted
provided that the requirements outlined in
Section 92-6.002 are satisfied. You will need
to verify that the creek banks are stable and
not susceptible to erosion by submitting supporting technical data.

CREEK
Other Useful Information “FAQ for Property Owners Near Creeks” by Contra Costa County Flood Control and Water
Conservation District
Warren Lai,
Director
Deputy Directors • Stephen Kowalewski, Chief • Allison Knapp • Carrie Ricci • Joe Yee March 2024

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If your property is traversed by, or is adjacent to, a natural (unimproved) channel, you must determine the CSS area, as required by
the County Title 9 Ordinance Code and the
County General Plan. No permanent structures of any kind, other than drainage structures, may be constructed within, under, or over the structure setback area (Ordinance
Sections 914-14.010 and 74-6.010).

The CSS area will need to be shown on the
site plan for building permits.

If you are subdividing the property, you will
be conditioned to relinquish “development
rights” over the structure setback area of the
creek. When you “relinquish development
rights” over an area, it means that you are
forfeiting your right to construct buildings or
structures within that area. The CSS area will
need to be shown on the final/parcel map
and the improvement plans.
“Top of bank” is defined as the following:

I) The point where the water surface plus sufficient freeboard for the design average recurrence interval runoff (see Section 914-2.010 on how to determine the design average recurrence interval runoff) intersects
the existing ground, OR
II) The point where a line with slope of 2.5 horizontal to 1 vertical, extending from the toe of the channel, intersects the existing ground.

Whichever point is the greatest vertical distance
above the channel invert will be the point used in
determining the setback line, per Section 914-

14.012.*
What is a creek structure setback?
How do I determine the CSS area?
You may wish to consult a registered Civil
Engineer and/or a licensed Land Surveyor for
assistance in determining the CSS area.

Chapter 914-14 of the County Title 9 Ordinance Code, entitled “Rights-of-Way and Setbacks,” outlines the procedure for defining
a structure setback area.

Per Section 914-14.012 of Title 9, the structure setback line is determined by measuring a horizontal distance from the top of bank on
each side of the watercourse. Section 914-

14.012 provides the following table:

Height of top of bank
above channel invert
Horizontal distance between top of bank and
setback line
Less than 20’ 30’
20’-29.99’ 35’
30’-39.99’ 40’
40’-49.99’ 45’
50’ and greater 50’
For examples on how to determine the CSS
line, see the two diagrams above, where
H = Height of top of bank above channel
invert
X = Horizontal distance between top of bank
and setback line
See the back for an aerial view of the CSS
area.
*Policy 8-89 of the County General Plan,
Chapter 8, “Conservation Element,” states
that the creek setback area shall be a minimum of 100 feet; 50 feet on each side of the centerline of the creek. The setback line will
need to meet this policy, in addition to meeting the Title 9 CSS requirements.

Case I. Design average recurrence interval Creek structure setback line* Point of
intersection
Existing
ground
Toe of slope
Case II.

Creek structure setback line*
Point of
intersection
Existing
ground
Toe of slope
\\pw-data\grpdata\engsvc\Forms\PUB\PUB-5 Creek Structure Setback pamphlet_2024 March_v4

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Lafayette Municipal Code Ordinance No. 512
Article 5. Creek Setback Requirements
6-1841 Structure setback.
(a) As defined by Section 6-312 and Section 6-355, buildings and structures shall be set back from an unimproved creek channel as follows:
(1) Channel Depth of Zero through 21 Feet. If the side slopes of the channel are steeper than 2:1 (horizontal:vertical), the width of the structure setback is determined by a line measured from the toe of the slope a distance of twice the channel depth plus the appropriate top-of-bank setback as follows:

Channel Depth Top of Bank Setback
(Feet) Minimum Width (Feet)
0 — 6 12 each side
6 — 12 15 each side
12 — 18 18 each side
18 — 21 21 each side
If the side slopes of the channel are flatter than 2:1 (horizontal:vertical) the structure setback is the appropriate setback indicated in the table above, measured from the top of the bank. (2) Channel Depth Exceeding 21 Feet. If the depth of a channel exceeds 21 feet, the width of the structure setback is determined by measuring from the toe of the slope a distance of three times the channel depth. (b) If a parcel is subject to subdivision easements or setback requirements under Contra Costa County Ordinance Code Sections 914-14.002 through 14.014 which are inconsistent with Section 6-1841(a), those subdivision requirements control.
(c) No permanent structure other than fences and drainage and erosion protection improvements may be constructed within the setback area. Landscaping (including trees and shrubs) is permitted within the setback area. (Ord. 512 § 1 (Appx. A (part)), 2000)
(Lafayette 4-00)

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From: Jack Prosek
To: Haley Croffoot
Cc: Troy Fujimoto
Subject: Study Session - PC meeting 8-27-2024 - Ordinance Amendments Date: Friday, August 23, 2024 3:57:40 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Haley -
So, the documents for the Planning Commission meeting on August 27th were finally posted around noon today - this gives the members of the Public a very short window of opportunity to review these enormously complex document revisions, especially in light of the renumbering & other revisions to the documents that were presented at earlier meetings.

Some of the crucial changes are not even noted . . . . .

From the General Organizational Structure and Outline pages 2 & 3, it appears that Chapter 18.20 has been moved to Chapter 18.15 and Chapter 18.22 has been moved to Chapter 18.20. The earlier versions of these Chapters are shown in the current Staff Report to have been approved as such by the City Council on January 8, 2024 ! Also note that the title for the new Chapter 18.15 does not include Residential District R-MD - the proposed new District for the Mangini-Delu farm properties - even though regulations for the land use is included on page 7 under paragraph 18.15.010 B-4 and in Table 18.15-2.

18.15.030 Table 18.15-2 (formerly known as Schedule 18.20.030 ?):

We note that the allowable Building Height has been increased for Residential Zone MFVH (formerly MRVH) from 60' to 75' which is an improvement. However, the allowable Building Heights for zones MFM (MRM) and MFH (MRH) remain stuck at the earlier figures which we still believe are too low to attract quality developments.

18.20.030 Table 18.20-2 (formerly known as Schedule 18.22.030 ?):

We note that the allowable Building Height has been increased for 3 of the 4 Mixed Use Zones (excluding MX-N) which is an improvement. However, the allowable Building Heights for all four Zones still may be too low to attract quality developments. My email dated October 30, 2023, for the November 1st Special Meeting of the Planning Commission recommended that these be increased to 45', 60' & 70' for the MX-N, MX & MX-HD Zones respectively.

18.20.040 - paragraph "M-1" (formerly known as 18.22.040 paragraph "N-1" ?):

My email dated October 30, 2023, for the November 1st Special Meeting of the Planning Commission noted that "this Development Regulation appears to prevent the future use of the DVC North / Overflow Parking Lot (Site "A") to meet a portion of their needs for Student & Staff parking - is that your intent ???". My email went on further to BOLDLY point out that the available parking including the spaces in the existing North / Overflow parking lot was woefully inadequate to meet their daily needs in the pre-pandemic era & it should be anticipated that the same condition will reappear when normalcy fully returns. That situation produced an extreme violation of paragraph A-2 of Chapter 18.15.010 Purpose and intent of Residential Zoning Districts which reads "Protect residents from the harmful effects of

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excessive noise, overcrowding, excessive traffic, excessive on-street parking, insufficient parking and other adverse environmental effects". Many of the Residential neighborhoods that surround the DVC Campus were literally flooded with DVC students who chose to use the streets that we paid for as their preferred parking lots ! I hereby request that the Planning Commissioners actually discuss each & every one of the points made above.

Jack Prosek
PH Resident
zz

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From: Bruce Irion
To: Haley Croffoot
Cc: David Blau; annette gelinas; Shereen Motarjemi; Planning Commission; City Council Subject: Comments on Land Use Regulations
Date: Sunday, August 25, 2024 6:39:20 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To City Staff and the Planning Commission
We offer the following comments to the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. These comments directly or indirectly relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the Mangini-Delu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higherdensity residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW]
First, we appreciate that this description specifically calls out preserving natural open space while allowing for development. This is consistent with all the public discussions that occurred during the city’s development of the General Plan, particularly for Mangini-Delu and its creek corridor.

The description says “The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”. Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to. Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between low-density and higher-density residential development while preserving the character of surrounding neighborhoods”
The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. The description of housing types for residential designations between Mangini-Delu’s 4.6 to 13 DU/acre are as follows:

R-7 and R-6 – Single Family High Density Residential (4.6 to 6.9 DU/acre) - allows for single-family and low-density multi-family residential developments (e.g., duplexes, triplexes) and other compatible uses
MFVL – Very Low-Density Multi-Family Residential (7 to 12 DU/acre) – allows for very low-density multi-family residential uses including duplexes, townhomes, and attached or detached single-family homes on small lots.

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MFL- Low Density Multi-Family Residential (12.1 to 20 DU/acre) – allows for low-density multi-family residential uses including duplexes, townhouses, single family attached homes with zero lot line, (including) manufactured housing or cluster housing.

For housing densities between 4.6 and 20 DU/acre, none of the land uses include “apartment complexes” in their description. This term does not appear until you get to Medium Density Multi-Family Residential (20-30 DU/acre). Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing description.

We also note there is no reference to the Master Plan promised for Mangini-Delu in the General Plan. The City Council promised this plan would include considerations for parking, traffic, public safety, and creek preservation voiced repeatedly in public comment. We believe there should be reference to a future Master Plan which includes consideration for concerns voiced by the public. We further note that Table

18.15-1, Land Use Regulations, includes a column for R-MD. Given that ManginiDelu spans a range of Land Uses and that the promised Master Plan would presumably define new parcels under existing Land Uses, is it prudent to include RMD in the table? For the wide range of housing densities, it is impossible to capture all the land use regulations accurately. We believe it would it be more accurate to include a footnote that Land Use Regulations for Mangini-Delu will be consistent with parcel land use designations defined by the Master Plan.

We believe our comments are more consistent with public hearings and comments to date and we appreciate your consideration.

Sincerely,
David Blau, Annette Gelinas, Shereen Motarjemi, & Bruce Irion

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From: Shereen Motarjemi
To: Haley Croffoot
Subject: Comment on R-MD
Date: Sunday, August 25, 2024 7:19:58 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To City Staff and the Planning Commission:

I’d like to offer comments for the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the Mangini-Delu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW] The description says “The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”.

Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to. Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between low-density and higher-density residential development while preserving the character of surrounding neighborhoods”
The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. None of the description of residential designations below 20 dwelling units per acre include apartment complexes. Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing description rather than apartment complexes.

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I would also like to see the Land Use Regulations include reference to the detailed site Master Plan promised for Mangini-Delu in the General Plan.

The City Council promised this plan would include considerations for parking, traffic, public safety, building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date and would appreciate your consideration for my concerns.

Sincerely.

Shereen Motarjemi
100 Mercury Way

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From: Karen Pierce
To: Haley Croffoot
Subject: Land Use Regulation Revisions
Date: Sunday, August 25, 2024 7:38:32 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To Planning Commission and City Staff:

I would like to comment about the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the Mangini-Delu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW]
The description says “The R-MD zoning district is intended to serve as a transition from lowdensity to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”. Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to.

Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between low-density and higherdensity residential development while preserving the character of surrounding neighborhoods” The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. None of the description of residential designations below 20 dwelling units per acre include apartment complexes. Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing description rather than apartment complexes.

I would also like to see the Land Use Regulations include reference to the detailed site Master Plan promised for Mangini-Delu in the General Plan. The City Council promised this plan would include considerations for parking, traffic, public safety, building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date and would appreciate your consideration for my concerns.

Sincerely,

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Karen Lee
Yahoo Mail: Search, Organize, Conquer
Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.

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Packet Pg. 1171
From: Christine Finkas
To: Haley Croffoot
Subject: Planning Commission Meeting Aug 27, 2024
Date: Sunday, August 25, 2024 8:30:08 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To City Staff and the Planning Commission:

I’d like to offer comments for the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the Mangini-Delu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW] The description says “The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”.

Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to. Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between low-density and higher-density residential development while preserving the character of surrounding neighborhoods”
The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. None of the description of residential designations below 20 dwelling units per acre include apartment complexes. Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing

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description rather than apartment complexes.

I would also like to see the Land Use Regulations include reference to the detailed site Master Plan promised for Mangini-Delu in the General Plan.

The City Council promised this plan would include considerations for parking, traffic, public safety, building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date and would appreciate your consideration for my concerns.

Sincerely,
Christine and Kevin Finkas

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From: Clifton Crawford
To: Haley Croffoot
Subject: Fwd: Planning Commission Meeting & Mangini Property Date: Sunday, August 25, 2024 8:36:06 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

We live just down the street from Mangini farm and while we hate to see it go....we understand that development means $ for city.......HOWEVER, we do not believe zoning regulations should EVER be changed and certainly not in this case. The original zoning was established for good reasons and changing them only indicates either greed or desperation. DO NOT DO IT!
---------- Forwarded message ---------
From: Shereen Motarjemi <[email protected]>
Date: Sun, Aug 25, 2024 at 7:09 AM
Subject: Planning Commission Meeting & Mangini Property To: Shereen Motarjemi <[email protected]>
Hello Friends & Neighbors,
The city has posted notice of a Planning Commission meeting for this Tuesday, Aug 27th. The meeting will be held in person at City Hall or virtually as follows:

Planning Commission Meeting
Tuesday, August 27th, 6:30PM, City Hall (or)
Meeting link: www.zoom.us
Meeting ID: 886 7016 0924
Passcode: 614614
Staff has proposed a number of revisions to Land Use Regulations. While most are administrative or mandated by new state laws, they have proposed several revisions dealing with Mangini-Delu which we feel are not fully consistent with discussions to date.

We urge you to send letters to the Planning Commission voicing your opinions. We have attached a proposed letter that captures our concerns that you are free to use as a template.

Sincerely,
Bruce, David, Annette, Shereen

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You can send your letters to
Project Planner: Haley Croffoot,[email protected] To City Staff and the Planning Commission:

I’d like to offer comments for the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the Mangini-Delu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW] The description says “The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”.

Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to. Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between low-density and higher-density residential development while preserving the character of surrounding neighborhoods”
The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. None of the description of residential designations below 20 dwelling units per acre include apartment complexes. Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing description rather than apartment complexes.

I would also like to see the Land Use Regulations include reference to the

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detailed site Master Plan promised for Mangini-Delu in the General Plan.

The City Council promised this plan would include considerations for parking, traffic, public safety, building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date and would appreciate your consideration for my concerns.

Sincerely.
(add your name)
Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.

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Packet Pg. 1176
From: Bushra Toma
To: Haley Croffoot
Subject: Mangini-Delu
Date: Sunday, August 25, 2024 12:37:53 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To City Staff and the Planning Commission:

I’d like to offer comments for the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the Mangini-Delu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW] The description says “The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”.

Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to. Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between low-density and higher-density residential development while preserving the character of surrounding neighborhoods”

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The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. None of the description of residential designations below 20 dwelling units per acre include apartment complexes. Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing description rather than apartment complexes.

I would also like to see the Land Use Regulations include reference to the detailed site Master Plan promised for Mangini-Delu in the General Plan.

The City Council promised this plan would include considerations for parking, traffic, public safety, building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date and would appreciate your consideration for my concerns.

Sincerely.

Bushra Toma
Sent from my iPhone

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Packet Pg. 1178
From: Julie Golinski
To: Haley Croffoot
Subject: Upcoming Planning Meeting on Tuesday
Date: Sunday, August 25, 2024 3:04:22 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To City Staff and the Planning Commission:

I’d like to comment on the revisions to the proposed zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the ManginiDelu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW] The description says “The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”. Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to. Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between lowdensity and higher-density residential development while preserving the character of surrounding neighborhoods”
The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. None of the description of residential designations below 20 dwelling units per acre include apartment complexes.

Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing description rather than apartment complexes.

I would also like to see the Land Use Regulations include a reference to the detailed site Master Plan promised for Mangini-Delu in the General Plan. The City Council promised this plan would include considerations for parking, traffic, public safety, building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date, and I would appreciate your consideration of my concerns.

Best.

Julie Golinski

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From: Veronica Ortiz Andres
To: Haley Croffoot
Subject: Planning Commission Meeting: R-MD – Mangini Delu Date: Sunday, August 25, 2024 5:08:24 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To City Staff and the Planning Commission:

I want to offer comments for the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of various housing types on the Mangini-Delu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from singlefamily homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW]
The description says “The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”.

Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to. Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between low-density and higher-density residential development while preserving the character of surrounding neighborhoods”
The R-MD description describes the range of housing types as “from single-family homes to small apartment complexes”. None of the descriptions of residential designations below 20 dwelling units per acre include apartment complexes. Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing description rather than apartment complexes.

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I would also like to see the Land Use Regulations include reference to the detailed site Master Plan promised for Mangini-Delu in the General Plan.

The City Council promised this plan would include considerations for parking, traffic, public safety, building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date and would appreciate your consideration of my concerns.

Sincerely,
Veronica Ortiz Andres

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Packet Pg. 1181
From: Anamarie Orgera
To: Haley Croffoot
Subject: Planning Commission Meeting & Mangini Property Date: Monday, August 26, 2024 6:53:44 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To City Staff and the Planning Commission:

I’d like to offer comments for the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the Mangini-Delu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW] The description says “The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”.

Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to. Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between low-density and higher-density residential development while preserving the character of surrounding neighborhoods”
The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. None of the description of residential designations below 20 dwelling units per acre include apartment complexes. Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing description rather than apartment complexes.

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I would also like to see the Land Use Regulations include reference to the detailed site Master Plan promised for Mangini-Delu in the General Plan.

The City Council promised this plan would include considerations for parking, traffic, public safety, building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date and would appreciate your consideration for my concerns.

Health and happiness,
Anamarie Courey

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From: Jack Weir
To: Planning
Cc: Jack Weir
Subject: August 27 Planning Commission Meeting
Date: Monday, August 26, 2024 10:27:26 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

I am unable to attend the meeting in person or via zoom, but would like to submit this comment:

In regards to rezoning of the Mangini farm property on Pleasant Hill Road, I urge the commission to adopt that rezoning plan that allows for the least density and least traffic impact.

Given the city’s current “passive traffic enforcement policy” we are encountering rampant violation of traffic signals at virtually all intersections. Drivers routinely ignore red lights and often accelerate as they proceed dangerously and illegally through the intersection.

And the recent installation of “speed bumps” versus traditional school intersection crossing guards puts parents and schoolchildren at serious risk.

Additional traffic from development of the Mangini property will heighten the threat to pedestrians and cyclists at the Pleasant Hill Road/Taylor Boulevard intersection.

During the prior development proposal of the property the consultant ignored traffic impact and we neighbors were able to halt the development proposal. In the subsequent years traffic has increased dramatically as has the danger of red light violations.

Please consider these factors in your deliberations.

Thank you,
Jack Weir
former Pleasant Hill council member

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From: Jack Weir
To: Planning
Cc: Jack Weir
Subject: Rezoning of the Mangini Farm
Date: Monday, August 26, 2024 10:34:06 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

In considering the rezoning of the Mangini farm on Pleasant Hill Road please note that the city’s current “passive traffic enforcement” policy has led to rampant violation of traffic signals at virtually all city intersections, including that of Pleasant Hill Road and Taylor Boulevard. I witness these dangerous acts every day in my travels around the city.

Also, replacing school crossing guards with “speed bumps” may save little money but the risk to our parents and schoolchildren walking or biking ti school is dire.

Please approach any proposed rezoning of the Mangini property with these factors in mind.

Thank you,
Jack Weir
Former Pleasant Hill councilman

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Packet Pg. 1185
From: Mark de Wit
To: Haley Croffoot
Subject: Mangini-Delu property - Planning Commission Meeting August 27, 2024 Date: Monday, August 26, 2024 12:06:21 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To City Staff and the Planning Commission:

Like many of my neighbors I have concerns regarding development of the ManginiDelu property further impacting the quality of life in our wonderful community.

Already negatively impacting the neighborhoods in the area was the construction of the commuter-option “improvements” to Pleasant Hill Road from Gregory Lane to Taylor Boulevard. As you may be aware, there is a considerable volume of traffic along this stretch with a high percentage of vehicles speeding at greater than 40 mph, commonly at 45-50 mph at all times of the day and night. It is now more dangerous than ever for pedestrians in general and for school-age children going to and from school. Unfortunately, the neighborhood-option was not selected due to a focus on accommodating commuters racing across town, rather than protecting the character of our residential neighborhoods, which was the City’s highest priority in the General Plan when I became a resident of Pleasant Hill in 1999.

Now the City has another opportunity to protect quality of life in our community with wise and sensible development of the Mangini-Delu property. I share my neighbors’ concerns and offer my comments for the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the ManginiDelu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan.

The description says, “The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”. Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to. Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning

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district is an opportunity to showcase how transitions can be made between lowdensity and higher-density residential development while preserving the character of surrounding neighborhoods”
The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. None of the description of residential designations below 20 dwelling units per acre include apartment complexes.

Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing description rather than apartment complexes.

Like my neighbors, I would also like to see the Land Use Regulations include reference to the detailed site Master Plan promised for Mangini-Delu in the General Plan. The City Council promised this plan would include considerations for parking, traffic, public safety, building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date and would appreciate your consideration for my concerns. Please protect the character of the surrounding neighborhoods.

Sincerely.

Mark de Wit
248 Steven Circle

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Packet Pg. 1187
From: Renee Walter
To: Haley Croffoot
Subject: Mangini Delu - Pleasant Hill
Date: Monday, August 26, 2024 4:27:46 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To City Staff and the Planning
Commission: 8/26/24
I’d like to offer comments for the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the ManginiDelu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW] The description says “The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”. Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to. Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between lowdensity and higher-density residential development while preserving the character of surrounding neighborhoods”
The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. None of the description of residential designations below 20 dwelling units per acre include apartment complexes.

Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing description rather than apartment complexes.

I would also like to see the Land Use Regulations include reference to the detailed site Master Plan promised for Mangini-Delu in the General Plan. The City Council promised this plan would include considerations for parking, traffic, public safety,

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building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date and would appreciate your consideration for my concerns.

Best,
Renee Walter
240 Linda Lane
Pleasant Hill, CA 94523

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Packet Pg. 1189
From: Catherine Boccellari
To: Haley Croffoot
Subject: Comments re Revisions to Zoning Ordinances
Date: Tuesday, August 27, 2024 4:46:20 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To City Staff and the Planning Commission:

I’d like to offer comments for the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the Mangini-Delu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW]
The description says “The R-MD zoning district is intended to serve as a transition from lowdensity to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”. Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to.

Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between low-density and higherdensity residential development while preserving the character of surrounding neighborhoods” The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. None of the descriptions of residential designations below 20 dwelling units per acre include apartment complexes. Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing description rather than apartment complexes.

I would also like to see the Land Use Regulations include reference to the detailed site Master Plan promised for Mangini-Delu in the General Plan. The City Council promised this plan would include considerations for parking, traffic, public safety, building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date and would appreciate your consideration for my concerns.

Sincerely,

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Catherine and Paul Boccellari
206 Steven Circle, Pleasant Hill

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From: [email protected]
To: Haley Croffoot
Subject: Aug 27, 2024 Planning Commission Meeting, Mangini Deli site Date: Tuesday, August 27, 2024 1:20:04 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To City Staff and the Planning Commission:

My husband and I have lived on Malaga Way behind the Mangini Delu site for over 30 years.When we bought our home, that property was zoned for four houses to the acre, as is our current neighborhood.We recognize the increased need for housing and are not opposed to reasonable development that maintains the character of our neighborhood.We are very concerned about the possibility of introducing apartment complexes onto this site.

Therefore, I’d like to offer comments for the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the Mangini-Delu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higherdensity residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW]
The description says “The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”.Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to. Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between low-density and higher-density residential development while preserving the character of surrounding neighborhoods.” The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. None of the description of residential designations below 20 dwelling units per acre include apartment complexes.

Therefore, it would be more in character to use the term “duplexes and townhouses”

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in the Mangini-Delu housing description rather than apartment complexes.

I would also like to see the Land Use Regulations include reference to the detailed site Master Plan promised for Mangini-Delu in the General Plan. The City Council promised this plan would include considerations for parking, traffic, public safety, building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date and would appreciate your consideration for my concerns.

Sincerely,
Irene Menegas
488 Malaga Way
Pleasant Hill

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Packet Pg. 1193
From: Jeremy Magruder
To: Haley Croffoot
Subject: Revisions to Mangini-Delu zoning and community Date: Tuesday, August 27, 2024 2:20:05 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To City Staff and the Planning Commission:

I’d like to offer comments for the proposed revisions to zoning ordinances before the August 27th Planning Commission meeting. My comments relate to the description of Mangini-Delu on page 7 of Attachment B which reads as follows:

R-MD – Mangini Delu Single Family Zoning District. The purpose of the R-MD zoning district is to allow for the development of a variety of housing types on the Mangini-Delu property while preserving natural open space. The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre, which would allow for a range of housing types from single-family homes to small apartment complexes. The R-MD zoning district implements the Mangini-Delu Residential (MDR) land use designation in the General Plan. [Source: NEW] The description says “The R-MD zoning district is intended to serve as a transition from low-density to higher-density residential development in the city by allowing densities between 4.6 to 13 dwelling units per acre”.

Given that Mangini-Delu is surrounded by R-10 development, any transition from low-density to higher-density residential development must occur within the site – there is no higher-density development around Mangini-Delu to transition to. Therefore, it would be more consistent and more in character with past discussions to say the following:
“By allowing densities between 4.6 to 13 dwelling units per acre, the R-MD zoning district is an opportunity to showcase how transitions can be made between low-density and higher-density residential development while preserving the character and sightlines of surrounding neighborhoods”
The R-MD description describes the range of housing types as “from single family homes to small apartment complexes”. None of the description of residential designations below 20 dwelling units per acre include apartment complexes. Therefore, it would be more in character to use the term “duplexes and townhouses” in the Mangini-Delu housing description rather than apartment complexes.

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I would also like to see the Land Use Regulations include reference to the detailed site Master Plan promised for Mangini-Delu in the General Plan.

The City Council promised this plan would include considerations for parking, traffic, public safety, building height/architectural character, and creek preservation voiced repeatedly in public comment.

I believe my comments are consistent with public hearings and comments to date and would appreciate your consideration for my concerns.

Sincerely,
Jeremy Magruder

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Packet Pg. 1195
From: Jack Prosek <[email protected]>
Sent: Tuesday, October 1, 2024 1:06 PM
To: Haley Croffoot <[email protected]>
Cc: Troy Fujimoto <[email protected]>
Subject: PC October 8th Study Session - Ordinance Revision Documents CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Haley -
Congrats on getting the Staff Report & the extensive related documents for the Ordinance Revision posted a full SIX Business Days prior to the Planning Commission's Study Session on October 8th. I might have thought that the package also would have included Proposed Zoning Ordinance OUTLINE since the June document has a different numbering system than the one seen by the City Council at their September 9th meeting. This was included as Attachment "A" for the August 27th PC Study Session.

The new Staff Report for this meeting does indicate that some revisions were made regarding the Mangini-Delu properties & a very minor reduction in Parking requirements for smaller dwelling units. The 35' height limit for the M-D West area prevents having 4 or 5 story buildings there that would allow more of the site to be open for landscaping & parking. However, I have seen no additional information so far regarding the very restrictive Building Heights or the other Parking concerns that have been raised by the Public ! So once again I have to ask HOW CITY Staff arrived at these numbers for the Building Heights - since we believe that many of them are too low to encourage QUALITY developments . . . . .

The Parking standards are largely unchanged - which fails to address the concerns raised by the Public in the last Study Session.

I am asking that the Commissioners have an actual discussion as to the appropriate figures to be used in both instances !!
Jack Prosek
PH Resident / Homeowner
zz

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Packet Pg. 1196
From: Jack Prosek <[email protected]>
Sent: Monday, October 7, 2024 2:58 PM
To: Haley Croffoot <[email protected]>
Cc: Troy Fujimoto <[email protected]>
Subject: Chapter 18.45 Parks and Rec Zoning - New Ordinances CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Haley -
Listed below are my comments on Chapter 18.45 which contains the Ordinances for the new Parks and Recreation Zoning District.

18.45.010 - A.1. - the reference to the RPD's Master Plan in the City Ordinance is questionable since this document may be modified by others without participation by the City. Previously existing links to the current document, known as "The BIG Picture" dated May 2020, have disappeared & the document is no longer prominently displayed on the RPD's website. Furthermore, not all of the Master Plan objectives are included in the proposed Scope of Work to be done under their current Bond Measure "S" while some of this Scope was not in "The BIG Picture" as needs & community interests have changed during the four year period since its adoption !!

18.45.040 - A.1. - we believe that "protected" trees should not fall under A. Exempt Activities.

18.45.050 - A. - we do not believe that decisions by the Zoning Administrator should be exempt from the appeals process. Too much power is being granted to a sole individual with no oversight !
Please add this email to the Public Comment documents for the Planning Commission's Study Session on Tuesday October 8th.

Jack Prosek
PH Resident / Homeowner
zz

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25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | @PHcreeks Friends of Pleasant Hill Creeks is a Project of Social and Environmental Entrepreneurs (SEE) a non-profit public charity exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code.

October 08, 2024
City of Pleasant Hill Planning Commission
Via Electronic Mail: [email protected]
RE: Study Session—Zoning Ordinance Amendments—Chapter 18.60 (Creek Setbacks) and other amendments.

Dear Planning Commissioners,
We would like to submit the following comments regarding updates to Section 18.60 (Creek Setbacks) and other amendments. We submitted comments at the June 25, 2024 Study Session requesting that the proposed setbacks be made consistent with the goals and policies of the newly adopted General Plan 2040. Sadly, we note that inconsistencies remain.

Section 18.60: specifically, no provision for the following policy is made:

ENV-3.1 Creek Protection Zone Establishment for New Development. Establish creek protection zones for creeks that extend a minimum of 25 feet (measured from the top of a bank and a strip of land extending laterally outward from the top of each bank), with wider buffers where significant habitat areas or high potential wetlands exist. The City shall prohibit development within a creek protection zones, except as part of greenway enhancement, including habitat conservation, bike and walking paths, wildlife habitat, and native plant landscaping). City approval is required for the following activities within the creek protection zones:

1. Construction, alteration, or removal of any structure;

2. Excavation, filling, or grading;

3. Removal or planting of vegetation (except for removal of invasive plant species); or

4. Alteration of any embankment.

Creek Setbacks: we note a continuation of the 2009 creek setbacks.

These setbacks are outdated in regards to expected increases in storm runoff with climate change. Updating the 2009 creek setbacks is a matter of public safety. They are substantially less protective than creek setbacks in our surrounding municipalities and those of Contra Costa County, as described in our 06/25/24 Study Session comments.

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Many of our creek banks are near vertical and susceptible to undercutting. As urban densities increase, so will impervious coverage. The 2040 GP should modernize our creek setbacks to meet these new conditions. We have witnessed storms in recent years that severely tax our creek systems. Pleasant Hill narrowly avoided significant flooding, as evidenced by our attached photos.

Sections Env-3.1 through Env-3.9: We are pleased to note that the 2040 GP has many references to discouraging the use of invasive non-native plants in the Environment Element (Sections Env-3.1, Env-3.6, Env-3.9) as well as the Health and Safety Element (Sections 3.12 and 3.14 Wildfire Risk Reduction). In the wildfire risk reduction policies, the planting of fireprone non-native species is prohibited. We ask that similar prohibitions are implemented along our creeks. Species such as Arundo donax (Giant reed), Tree of Heaven, English ivy and others are creating significant, costly management issues for local agencies in our watershed and major efforts are underway for their removal. The California Invasive Plant Council (Cal-IPC) maintains a list of highly invasive and sometimes illegal invasive plants separated by geographic area1. The Regional Water Quality Control Board has a similar list for wetland and riparian areas2
.

New Park and Recreation Zoning District:

We note that many of our creeks are located on Pleasant Hill Recreation and Park District lands.

We are concerned about changes to the public review process included in the new Park and Recreation Zoning District. Review at the Staff Level only with no appeals does not provide for adequate public input on potentially major projects as envisioned by the Park District’s “Big Picture”. Properly noticed projects with greater public input lead to better projects overall. The Rec and Park District currently does traffic studies, noise analysis, and public noticing through the City’s review process. There are no provisions to require the new zoning district to include the same review processes that Pleasant Hill residents are currently accustomed to. If the District chooses not to, projects will be built with little public review other than voting on a bond measure. We work collaboratively with our current Rec and Park Board but these zoning changes will extend far into the future.

Many of the City’s heritage trees are on land owned by the Rec and Park District. It is counter to the tree preservation goals in the 2040 General Plan to allow protected tree removals without City and public review. This is a weakening of the tree protection goals adopted in the 2040 General Plan.

While we think the new zoning district is a good idea, we feel the new zoning district should be subject to the same restrictions and review process as all other entities in the City of Pleasant Hill.

Recommendations:
• Env-3.1: A “creek protection zone” as detailed in our adopted GP needs to be included in the zoning ordinance.
1 https://www.cal-ipc.org/wpcontent/uploads/2018/05/InvasivePlantChecklistforCaliforniaLandscaping.pdf 2 https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/stream_wetland/app1in clrefs.pdf

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• 18.60-A: More protective, greater creek setbacks are a matter of public safety as we increase urban density and will improve environmental values and increase climate resilience.
• Env-3.1, Env-3.6, Env-3.9: We ask that prohibitions against invasive non-native plants be adopted. Resources such as Cal-IPC, the RWQCB, the California Native Plant Society, the Contra Costa Resource Conservation District have specific guidance. • Park and Recreation District: We ask that this be subject to standard City review as all other entities in Pleasant Hill.
• Creek Setbacks: Our current setbacks are inadequate. We encourage the Planning Commission and City staff to consult and collaborate with community stakeholders, adjacent cities, and the County (including the CCCFCD) regarding creek setbacks. We request that the City appoint a staff person to coordinate this revision process. • We again request the opportunity for the public to review a copy of the “City of Pleasant Hill Creek System” map, as referenced in Section 18.60.010B.

Thank you for consideration of these comments. We hope these issues will be discussed in this Study Session and look forward to collaborating with the City and other stakeholders.

Thank you,
Alan Bade
Co-Founder, Friends of Pleasant Hill Creeks / SEE
[email protected]

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Murderer’s creek 10/24/2021:

Murderer’s Creek 10/24/21:

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Beatrice Road area 10/24/21:

Beatrice Road area 10/24/21:

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Invasive Plant Checklist for
California Landscaping
2018.05.08
California’s Model Water-Efficient Landscaping Ordinance and the CALGreen Building Standards strongly discourage the use of invasive plants in landscaping. This checklist is designed to serve as a reference to help landscape designers in California avoid the use of invasive plants. Three sources are referenced: the California Dept. of Food & Agriculture (CDFA), which regulates plants in the state; the PlantRight initiative, which brings together a diverse range of stakeholders, including the nursery and landscaping industry, to prevent the use of invasive plants in horticulture; and the California Invasive Plant Council (Cal-IPC), which assesses the environmental impact of invasive plants.

The California Dept. of Food & Agriculture has authority to designate noxious weeds in California. These plants are illegal. See www.cdfa.ca.gov/plant/IPC.

In general, CDFA is restricted from listing horticultural plants as noxious weeds.

PlantRight is a collaborative, science-based, and voluntary program led by the nonprofit Sustainable Conservation, with a steering committee representing the green industry, agencies, universities and environmental groups. PlantRight’s list is entirely voluntary. It includes plants from the CalIPC Inventory that all stakeholders agree should not be used in landscaping in regions where they cause environmental damage. See www.plantright.org.

The California Invasive Plant Council is a nonprofit organization that maintains a list of environmentally harmful plants based on a transparent science-based criteria system. Cal-IPC supports land managers working to stop the spread of invasive plants, but also supports landscape professionals in preventing horticultural introductions of invasive plants. Cal-IPC listing is for informational purposes and carries no any regulatory authority. See www.cal-ipc.org.

The following checklist includes all plants from each list that are known from horticulture. Plants from the CDFA Noxious Weed List are illegal and marked with a red X. Plants for which PlantRight has reached

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consensus with all partners including the nursery industry are marked with a green X. All other species are only listed by Cal-IPC.

Regions based on Sunset Climate Zones were developed by PlantRight (see source online).

Notes
E Edible This plant species has edible fruit and is grown for human consumption. Though birds may spread seeds, these plants can be grown relatively safely if fruit is harvested.

Particular care should be taken near riparian areas. Fruitless varieties may be available for landscaping, and can be grown safely.

F Forage This plant species is used for forage and is already widespread in California. Additional use is unlikely to increase the plant’s spread.

T Turfgrass This plant species is used for turfgrass and may be used safely for sports fields and landscaping if properly tended within borders.

Region Sunset Zones
 Sierra and Coastal Mountains 1-3
 Central Valley 7-9
 Desert 10-13
 North/Central Coast and Delta 14-17
 South Coast 18-24

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X - illegal per CDFA regulation
X - on PlantRight’s voluntary list
E – edible
F – forage
T – turfgrass
Prepared by California Invasive Plant Council, www.cal-ipc.org Region Sunset Zones
 Sierra and Coastal Mountains 1-3
 Central Valley 7-9
 Desert 10-13
 North/Central Coast and Delta 14-17
 South Coast 18-24
Checklist of Invasive Plants
Regions
Acacia dealbata silver wattle 
Acacia melanoxylon blackwood acacia 
Agrostis stoloniferaTcreeping bentgrassT 
Ailanthus altissima tree-of-heaven X
Arctotheca calendula fertile capeweed X
Arctotheca prostrate South African capeweed 
Arundo donax giant reed X
Asparagus asparagoides bridal creeper 
Asphodelus fistulosus onionweed X
Atriplex semibaccata Australian saltbush 
Briza maxima big quakinggrass 
Carpobrotus chilensis iceplant 
Carpobrotus edulis highway iceplant X 
Centaurea debeauxii meadow knapweed X
Chrysanthemum coronarium garland chrysanthemum 
Cordyline australis giant draceaena 
Cortaderia jubata jubatagrass X 
Cortaderia selloana pampasgrass X 
Cotoneaster franchetii cotoneaster 
Cotoneaster lacteus Parney's cotoneaster 
Cotoneaster pannosa silverleaf cotoneaster 
Cotula coronopifolia common brassbuttons 
Crataegus monogyna English hawthorn 
Crocosmia x crocosmiiflora montbretia 
Cynara cardunculus artichoke thistle X
Cynodon dactylonT Bermuda grassT 
Cynoglossum officinale beggar's-lice  


Cytisus scoparius Scotch broom X
Cytisus striatus Portuguese broom 
Dactylis glomerataF orchard grassF 
Delairea odorata Cape-ivy X
Digitalis purpurea foxglove 
Dipsacus fullonum common teasel 
Echium candicans pride-of-Madeira 
Egeria densa Brazilian egeria 

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X - illegal per CDFA regulation
X - on PlantRight’s voluntary list
E – edible
F – forage
T – turfgrass
Prepared by California Invasive Plant Council, www.cal-ipc.org Region Sunset Zones
 Sierra and Coastal Mountains 1-3
 Central Valley 7-9
 Desert 10-13
 North/Central Coast and Delta 14-17
 South Coast 18-24
Eichhornia crassipes water hyacinth X 
Elaeagnus angustifolia Russian olive 
Erica lusitanica Spanish heath 
Erodium cicutarium filaree 
Eucalyptus camaldulensis red gum 
Eucalyptus globulus Tasmanian bluegum 
Euphorbia esula leafy spurge X
Euphorbia oblongata oblong spurge X
Festuca arundinaceaT alta fescueT 
Ficus caricaE edible figE 
Foeniculum vulgareEfennelE 
Gazania linearis gazania 
Genista monspessulana French broom X
Hedera canariensis Algerian ivy 
Hedera helix English ivy 
Helichrysum petiolare licorice plant 
Hirschfeldia incana Mediterranean mustard 
Holcus lanatus common velvet grass 
Hypericum canariense Canary Island St.

Johnswort
X
Hypericum perforatum klamathweed X
Ilex aquifolium English holly 
Iris pseudacorus yellowflag iris X 
Isatis tinctoria dyer's woad X
Kochia scopariaFkochiaF 
Leucanthemum vulgare ox-eye daisy 
Linaria genistifolia ssp. Dalmatica Dalmatian toadflax X Linaria vulgaris yellow toadflax 
Lobularia maritime sweet alyssum 
Lolium multiflorumFItalian ryegrassF 
Ludwigia hexapetala creeping waterprimrose X
Ludwigia peploides creeping waterprimrose 
Lythrum salicaria purple loosestrife X
Marrubium vulgare horehound 
Mentha pulegium pennyroyal 
Mesembryanthemum crystallinum crystalline iceplant  Myoporum laetum ngaio tree 
Myosotis latifolia common forget-me-not 
Myriophyllum aquaticum parrotfeather 
Nicotiana glauca tree tobacco 

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X - illegal per CDFA regulation
X - on PlantRight’s voluntary list
E – edible
F – forage
T – turfgrass
Prepared by California Invasive Plant Council, www.cal-ipc.org Region Sunset Zones
 Sierra and Coastal Mountains 1-3
 Central Valley 7-9
 Desert 10-13
 North/Central Coast and Delta 14-17
 South Coast 18-24
Olea europaeaE European oliveE 
Onopordum acanthium Scotch thistle X
Pennisetum setaceum green fountain grass X 
Phalaris aquatic hardinggrass 
Phoenix canariensis Canary Island date palm 
Phytolacca Americana common pokeweed 
Plantago lanceolata buckhorn plantain 
Poa pratensisT Kentucky bluegrassT 
Polygonum cuspidatum Japanese knotweed X
Prunus cerasifera cherry plum 
Pyracantha angustifolia, P. crenulata, P.
coccinea
firethorn 
Ranunculus repens creeping buttercup 
Retama monosperma bridal veil broom X
Ricinus communis castor bean 
Robinia pseudoacacia black locust 
Rubus armeniacus Himalayan blackberry 
Rumex acetosella sheep sorrel 
Saccharum ravennae ravennagrass X
Salvia aethiopis Mediterranean sage X
Saponaria officinalis bouncing-bet 
Schinus molle Peruvian pepper tree 
Schinus terebinthifolius Brazilian pepper tree 
Sesbania punicea scarlet wisteria X
Silybum marianum milk thistle 
Spartium junceum Spanish broom X
Stipa tenuissima Mexican feathergrass X 
Tamarix parviflora smallflower tamarisk X
Tamarix aphylla athel 
Tamarix ramosissima, T. gallica, T. chinensis saltcedar X Tanacetum vulgare common tansy 
Triadica sebifera Chinese tallow tree X 
Verbascum thapsus wooly mullein 
Vinca major bigleaf periwinkle X 
Washingtonia robusta Mexican fan palm 
Watsonia meriana watsonia 
Zantedeschia aethiopica calla lily 

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X - illegal per CDFA regulation
X - on PlantRight’s voluntary list
E – edible
F – forage
T – turfgrass
Prepared by California Invasive Plant Council, www.cal-ipc.org Region Sunset Zones
 Sierra and Coastal Mountains 1-3
 Central Valley 7-9
 Desert 10-13
 North/Central Coast and Delta 14-17
 South Coast 18-24
Record of Changes
2017.09.07 – Corrected Cordyline australis regions. Updated Cal-IPC description and logo. 2018 05.08 – Corrected Crocosmia regions.

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Hours
Monday - Thursday 7:00 a.m. - 5:00 p.m.

Friday 7:00 a.m. - 4:00 p.m. Closed 12:00-1:00 p.m.

Records Counter is closed on Fridays
Phone numbers:

Main number: (925) 313-2000
Fax number: 313-2333
Administrative Services: 313-2340
Buchanan Airport: 681-4200
Byron Airport: 608-8383
Capital Projects: 957-2471
County Clean Water Program: 313-2360
Custodial: 313-7096
Design/Construction Division: 313-2320
Engineering Services Division: 313-2170
Facilities Maintenance: 313-7052
Finance Division: 313-2344
Fleet Services: 313-7021
Flood Control District: 313-2270
Information Technology Division: 313-2261
Kids at Work: 313-2380
Maintenance Division: 313-7000
Materials Management: 313-2000
Print and Mail: 646-5521
Purchasing: 957-2499
Real Property Division: 957-2467
Records Section: 313-2356
Special Districts Section: 313-2170
Transportation Engineering: 313-2370
Traffic Section: 313-2370
Watershed Program: 313-2236
Public Works Website:
www.cccpublicworks.org
CREEK

STRUCTURE

SETBACK

REQUIREMENTS

FOR NATURAL
(UNIMPROVED)

CHANNELS
Contra Costa
County
Public Works
Department
255 Glacier Dr.

Martinez, CA
(925) 313-2000

CREEK STRUCTURE SETBACK
AREA
CREEK

PROPERTY

CREEK STRUCTURE SETBACK
LINE
Example aerial view of property traversed by
a natural (unimproved) channel.

Provide CSS line determinations (by the
method explained on the other side of this
pamphlet) for at least three locations of the
channel. The red stars ( ) show a few potential locations at which to calculate the setback distance.

Note: There may be other regulations that
need to be investigated before working near
natural (unimproved) channels, such as the
County’s Floodplain Management Ordinance.

An exception to the CSS may be granted
provided that the requirements outlined in
Section 92-6.002 are satisfied. You will need
to verify that the creek banks are stable and
not susceptible to erosion by submitting supporting technical data.

CREEK
Other Useful Information “FAQ for Property Owners Near Creeks” by Contra Costa County Flood Control and Water
Conservation District
Warren Lai,
Director
Deputy Directors • Stephen Kowalewski, Chief • Allison Knapp • Carrie Ricci • Joe Yee March 2024

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If your property is traversed by, or is adjacent to, a natural (unimproved) channel, you must determine the CSS area, as required by
the County Title 9 Ordinance Code and the
County General Plan. No permanent structures of any kind, other than drainage structures, may be constructed within, under, or over the structure setback area (Ordinance
Sections 914-14.010 and 74-6.010).

The CSS area will need to be shown on the
site plan for building permits.

If you are subdividing the property, you will
be conditioned to relinquish “development
rights” over the structure setback area of the
creek. When you “relinquish development
rights” over an area, it means that you are
forfeiting your right to construct buildings or
structures within that area. The CSS area will
need to be shown on the final/parcel map
and the improvement plans.
“Top of bank” is defined as the following:

I) The point where the water surface plus sufficient freeboard for the design average recurrence interval runoff (see Section 914-2.010 on how to determine the design average recurrence interval runoff) intersects
the existing ground, OR
II) The point where a line with slope of 2.5 horizontal to 1 vertical, extending from the toe of the channel, intersects the existing ground.

Whichever point is the greatest vertical distance
above the channel invert will be the point used in
determining the setback line, per Section 914-

14.012.*
What is a creek structure setback?
How do I determine the CSS area?
You may wish to consult a registered Civil
Engineer and/or a licensed Land Surveyor for
assistance in determining the CSS area.

Chapter 914-14 of the County Title 9 Ordinance Code, entitled “Rights-of-Way and Setbacks,” outlines the procedure for defining
a structure setback area.

Per Section 914-14.012 of Title 9, the structure setback line is determined by measuring a horizontal distance from the top of bank on
each side of the watercourse. Section 914-

14.012 provides the following table:

Height of top of bank
above channel invert
Horizontal distance between top of bank and
setback line
Less than 20’ 30’
20’-29.99’ 35’
30’-39.99’ 40’
40’-49.99’ 45’
50’ and greater 50’
For examples on how to determine the CSS
line, see the two diagrams above, where
H = Height of top of bank above channel
invert
X = Horizontal distance between top of bank
and setback line
See the back for an aerial view of the CSS
area.
*Policy 8-89 of the County General Plan,
Chapter 8, “Conservation Element,” states
that the creek setback area shall be a minimum of 100 feet; 50 feet on each side of the centerline of the creek. The setback line will
need to meet this policy, in addition to meeting the Title 9 CSS requirements.

Case I. Design average recurrence interval Creek structure setback line* Point of
intersection
Existing
ground
Toe of slope
Case II.

Creek structure setback line*
Point of
intersection
Existing
ground
Toe of slope
\\pw-data\grpdata\engsvc\Forms\PUB\PUB-5 Creek Structure Setback pamphlet_2024 March_v4

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Lafayette Municipal Code Ordinance No. 512
Article 5. Creek Setback Requirements
6-1841 Structure setback.
(a) As defined by Section 6-312 and Section 6-355, buildings and structures shall be set back from an unimproved creek channel as follows:
(1) Channel Depth of Zero through 21 Feet. If the side slopes of the channel are steeper than 2:1 (horizontal:vertical), the width of the structure setback is determined by a line measured from the toe of the slope a distance of twice the channel depth plus the appropriate top-of-bank setback as follows:

Channel Depth Top of Bank Setback
(Feet) Minimum Width (Feet)
0 — 6 12 each side
6 — 12 15 each side
12 — 18 18 each side
18 — 21 21 each side
If the side slopes of the channel are flatter than 2:1 (horizontal:vertical) the structure setback is the appropriate setback indicated in the table above, measured from the top of the bank. (2) Channel Depth Exceeding 21 Feet. If the depth of a channel exceeds 21 feet, the width of the structure setback is determined by measuring from the toe of the slope a distance of three times the channel depth. (b) If a parcel is subject to subdivision easements or setback requirements under Contra Costa County Ordinance Code Sections 914-14.002 through 14.014 which are inconsistent with Section 6-1841(a), those subdivision requirements control.
(c) No permanent structure other than fences and drainage and erosion protection improvements may be constructed within the setback area. Landscaping (including trees and shrubs) is permitted within the setback area. (Ord. 512 § 1 (Appx. A (part)), 2000)
(Lafayette 4-00)

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CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Dear Planning Commissioners,
I'd like to comment on the parking requirements associated with Mixed Use- Neighborhood Business.

In Table 18.70 (packet page 385), it states that one parking place is required per 100 sq ft of gross floor area for eating and drinking establishments. However, there are no off street loading requirements. While this may be fine for single establishments, very often many restaurants are aggregated into a single shopping center. This creates a situation where many, many large truck deliveries are arriving at a Mixed Use-NB shopping center.

Indeed in our experience, restaurants have by far the most deliveries of any business in the shopping center. They need fresh, in-season ingredients and order them from large corporate suppliers. The beverage suppliers are separate deliveries. We often witness conflicts in deliveries where one truck needs to wait because there are multiple trucks already in the parking lot..

The problem arises particularly when a large number of restaurants are aggregated. And in fact, this aggregation is stated as a goal in our new General Plan. There should be some threshold as to when a certain number of restaurants require additional loading zone spaces especially in a MU-NB shopping center.

Another issue is that shopping centers only require 1 parking space per 250 sq ft of floor area. It is my understanding that the shopping center can be mostly restaurants (as desired in the new GP) and we'd still only have the 1/250 sq ft requirement. This will be wholly inadequate. There should be some threshold when the aggregate usage for a business class changes the parking requirement.

Thank you, Alan Bade
Pleasant Hill resident

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Packet Pg. 1215
From: Bruce Irion <[email protected]>
Sent: Wednesday, October 9, 2024 5:29 PM
To: Planning Commission <[email protected]>; Troy Fujimoto <[email protected]>; Haley Croffoot <[email protected]>; [email protected] Cc: David Blau <[email protected]>; annette gelinas <[email protected]>; Shereen Motarjemi <[email protected]>; Alan Bade <[email protected]>; Wendy Gollop <[email protected]>; Heather Rosmarin <[email protected]>; City Council <[email protected]> Subject: Suggestion for joint review of Rec and Park projects CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

In review of zoning ordinances, staff has proposed to exempt the Rec and Park District from requirements to go through the city’s public review process for many building and maintenance projects including removal of heritage trees.

Those in support of the change argue that Rec and Park has an elected board voted on by the citizens they serve. They are subject to the same public review and notice requirements as the city. Requiring city reviews duplicates those already held by the Rec and Park District and may give a slanted view of public opinion as arguably city review might be dominated by those opposing a project and unsatisfied by the public reviews held by the Rec and Park District.

Those opposed to exempting the Rec and Park District from city reviews point out that while Rec and Park and the City have many views in common, they have different objectives and do not view projects through the same lens. In addition, to simply require Rec and Park to abide by non-discretionary single family residential zoning requirements, ignores that Rec and Park projects may involve large parking lots, pickle ball courts, and lighting stands that would not be seen in single family housing projects but would create resident concerns for noise, traffic, lighting and other nuisances.

When forced to choose between good arguments on both sides, why not choose both? We propose to hold joint public review sessions with Rec and Park and the City Planning Commission. This will avoid duplicate public reviews and streamline permitting for Rec and Park projects. Most of the time we suspect they can arrive at a mutually agreeable solution. And if not, the City Council can arbitrate and make the deciding vote.

We believe this solution should satisfy all involved.

David Blau
Annette Gelinas
Shereen Motarjemi
Bruce Irion

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Packet Pg. 1216
From: Bruce Irion <[email protected]>
Sent: Thursday, October 10, 2024 9:46 AM
To: Troy Fujimoto <[email protected]>; Haley Croffoot <[email protected]>; Planning Commission <[email protected]>
Cc: David Blau <[email protected]>; annette gelinas <[email protected]>; [email protected]; City Council <[email protected]> Subject: Master Plan must be comprehensive!
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

We note that in the last proposed zoning ordinance revisions, staff has proposed to divide the Mangini-Delu site into east and west sides and called for R6/7 single family housing adjacent to existing single family homes. Given that the 4.6 to 13 DU/acre is higher than any of the surrounding neighborhoods, it is commendable to consider how best to transition to higher density housing.

However, in calling out a division between east and west sections of Mangini-Delu, we expect that city and staff will require a comprehensive Master Plan encompassing both sections. Concerned M-D neighbors have attended & spoken at 35 GPAC & Council meetings to arrive at a promise that the entire M-D property will be addressed as one. A zoning decision should not alter that commitment. A comprehensive, detailed master plan for the entire 26 acres is the only way to properly address & solve the traffic & circulation issues as well as protecting the creek corridor across both properties. To do anything else would be to piece-meal the process, a clear violation of environmental and public review requirements
David Blau
Annette Gelinas
Shereen Motarjemi
Bruce Irion

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Packet Pg. 1217
From: CHARLES DAMIANAKES
To: Troy Fujimoto; City Council
Subject: Fwd: Mangini-Delu property
Date: Wednesday, October 30, 2024 12:36:29 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.
---------- Original Message ----------
From: CHARLES DAMIANAKES <[email protected]>
To: "[email protected]" <[email protected]>, "[email protected]" <[email protected]> Date: 10/29/2024 2:14 PM PDT
Subject: Mangini-Delu property
The City Council has requested input on proposed zoning ordinance revisions at their Nov 4th session.

I would like to see Section 18.15.010 paragraph B(4) modified to require a comprehensive Master Plan for Mangini-Delu as follows:
"Allowed uses and development standards in the RMD zoning districts shall be established in a comprehensive, site wide adopted master plan or specific plan before development takes place, unless provided otherwise in this Chapter"
Staff has recommended to split the Mangini-Delu site into east and west zones and while commendable to want to ease transition to higher density housing, this
should not be used to piece-meal the Master Plan. Concerned neighbors have attended and spoken at 35 GPAC and Council meetings to arrive at a promise
that the entire M-D property will be addressed as one. A zoning decision should
not alter that commitment. A comprehensive, detailed master plan for the entire
26 acres is the only way to properly address and solve the parking, traffic, and
circulation issues as well as protecting the creek corridor across both properties.

Soteria "Terrie" Damianakes

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Packet Pg. 1218
From: Haley Croffoot
To: Haley Croffoot
Subject: RE: Mangini-Delu property
Date: Tuesday, October 29, 2024 3:33:29 PM
From: CHARLES DAMIANAKES <[email protected]>
Sent: Tuesday, October 29, 2024 2:15 PM
To: Troy Fujimoto <[email protected]>; City Council <[email protected]> Subject: Mangini-Delu property
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

The City Council has requested input on proposed zoning ordinance revisions at their Nov 4th session.

I would like to see Section 18.15.010 paragraph B(4) modified to require a comprehensive Master Plan for Mangini-Delu as follows:
"Allowed uses and development standards in the RMD zoning districts shall be established in a comprehensive, site wide adopted master plan or specific plan before development takes place, unless provided otherwise in this Chapter" Staff has recommended to split the Mangini-Delu site into east and west zones and while commendable to want to ease transition to higher density housing, this should not be used to piece-meal the Master Plan. ConcernedM-D neighbors have attended and spoken at 35 GPAC and Council meetings to arrive at a promise that the entire M-D property will be addressed as one. A zoning decision should not alter that commitment. A comprehensive, detailed master plan for the entire 26 acres is the only way to properly address and solve the parking, traffic, and circulation issues as well as protecting the creek corridor across both properties.

Soteria "Terrie" Damianakes

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CITY OF PLEASANT HILL
NOTICE
OF

STUDY SESSION

CITY COUNCIL
COMPREHENSIVE ZONING ORDINANCE UPDATE – PRELIMINARY DRAFT Citywide, City of Pleasant Hill
NOTICE IS HEREBY GIVEN by the City of Pleasant Hill that the City Council will hold a study session to review a preliminary draft of the comprehensive update to the City’s Zoning Ordinance (PHMC Title 18), which will include all Parts as follows: Part 1 – Enactment and Applicability; Part 2 – Zoning District Regulations and Development Standards; Part 3 – Regulations Applicable to all Zoning Districts; Part 4 – Permit and Entitlement Processing Procedures; Part 5 – Zoning Ordinance Administration; and Part 6 – Definitions and Land Use Classifications. The proposed comprehensive update to the Zoning Ordinance is necessary to implement the goals, policies and programs of the recently adopted 2040 General Plan and 2023-2031 Housing Element, as well as to address compliance with State law, and clarify and streamline existing processes. The Council will review the preliminary draft of the proposed Zoning Ordinance and provide comments to Staff.

The STUDY SESSION will be held by the CITY COUNCIL starting at 7:00 p.m. on MONDAY, NOVEMBER 4, 2024, in the CITY COUNCIL CHAMBERS, City Hall, at 100 Gregory Lane, Pleasant Hill. Interested persons will be heard at this time at the meeting. More information on how to participate, including providing live comments during the meeting, will be provided on the posted City Council Agenda.

NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(B) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Pleasant Hill at, or prior to, the Public Hearing.

For information on this matter, please call or email Haley Croffoot, Senior Planner, at (925) 671-5297 or [email protected].

Troy Fujimoto
Secretary to the Planning Commission

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