Agenda packet — Pleasant Hill City Council, April 21, 2025 (part 6 of 9)

1. Projects in all zone districts. A wWater-efficient landscape plan approval is required for projects in all zoning districts that:

A.a. Propose the creation of 500 square feet or more square feet of landscape area proposed in conjunction with a Zzoning approvalPermit, Bbuilding Ppermit, Item 10.1
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Ggrading Ppermit, Pplan Ccheck, or Aarchitectural Rreview Ppermit. [Source:

18.52.030.A]
B.b. Projects in all zone districts. Water-efficient landscape plan approval is required forPropose the rehabilitation of 2,500 square feet or more square feet of landscaping proposed in conjunction with a Zzoning approvalPermit, Bbuilding Ppermit, Ggrading Ppermit, Pplan Ccheck, or Aarchitectural Rreview Ppermit. [Source: 18.52.030.B]
C.2. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot’s or parcel’s landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Ssection E of the Pprescriptive Ccompliance Ooption maintained by the Zzoning Aadministrator. [Source: 18.52.030.C]
D.3. Any project with an aggregate landscape area of 2,500 square feet or less, and proposed in conjunction with a Zzoning approvalPermit, Bbuilding Ppermit, Ggrading Ppermit, Pplan Ccheck, or Aarchitectural Rreview Ppermit, may comply with either the requirements of this Cchapter or with the Pprescriptive Ccompliance Ooption maintained by the Zzoning Aadministrator. [Source: 18.52.030.D] E.4. Existing landscaping. PHMC §§ 18.52.110Section 18.95.090 (Provisions for Existing Landscaping) and 18.52.120 Section 18.95.100 (Disclosures) apply to existing landscaping. [Source: 18.52.030.E]
F. For subsections A through E of this section, for all nonresidential zoning districts, decorative hardscape, mulch and/or pervious pavement areas are to be treated as landscape areas (credited for up to 50% of required project landscaped area subject to architectural review commission or planning commission approval) as part of a proposed project. [Source: 18.52.030.F]
G.5. Not applicable. ThisThe standards of this Cchapter does do not apply to: [Source:

18.52.030.G]

1.a. A landscaped area that is only temporarily irrigated for establishment purposes, or a landscaped area that is not irrigated with a permanent irrigation system. [Source: 18.52.030.G.1]

2.b. Registered local, Sstate, or Ffederal historical sites, as determined by the Pplanning Ccommission or Ccity Ccouncil. [Source: 18.52.030.G.2] c. An eExisting community garden, botanical garden or arboretum open to the public. (Ord. 934 § 6, 2019; Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source:

18.52.030.G.3]
C. Landscaped Area. For the purposes of this Chapter, decorative hardscape, mulch, and/or pervious pavement areas in all nonresidential zoning districts shall be treated as landscape areas (credited for up to 50 percent of required project landscaped area subject to Architectural Review Commission or Planning Commission approval) as part of a proposed project. [Source:

18.52.030.F]
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3. 18.95.020 Forms – Zoning Administrator Review
A. Forms. The Zzoning Aadministrator shall develop detailed application and certification requirements consistent with 43 Cal. Code of Regs. § 490 et seq., including but not limited to:
[Source: 18.52.040.A]

1. Definitions (Appendix A to this Chapter); [Source: 18.52.040.A.1]

2. Water efficient landscape worksheet (Appendix B to this Chapter); [Source:

18.52.040.A.2]

3. Certificate of compliance: landscape design sheet (Appendix C to this Chapter); [Source: 18.52.040.A.3]

4. Certificate of compliance: landscape installation sheet (Appendix D to this Chapter); [Source: 18.52.040.A.4]

5. Certificate of compliance: landscape maintenance sheet (Appendix E to this Chapter); [Source: 18.52.040.A.5]

6. Prescriptive compliance option (Appendix F to this Chapter). [Source: 18.52.040.A.6] B. Zoning Aadministrator Rreview. A Water-efficientEfficient Llandscape Pplan approval, when applicable under PHMC § 18.52.030.A, B, C, D, or E, is shall be reviewed in conjunction with any applicable zoning approval, Bbuilding Ppermit, Aarchitectural Rreview Ppermit, Ddevelopment Pplan, Pplanned Uunit Ddevelopment, Uuse Ppermit, or Ssubdivision. The Zzoning Aadministrator shall review each water-efficient landscape plan submittal for compliance with the provisions of this Cchapter and may withhold issuance of a Zzoning approval Permit, for a Bbuilding Ppermit, or Ggrading Ppermit for which its related landscape plan indicates an estimated total water use that exceeds the maximum applied water allowance for a proposed landscape, or is does not otherwise comply not in compliance with this Cchapter. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.040.B]

18.95.030 Submittal Requirements
A. Submittal General Rrequirements. An applicant requesting zoning approval for any project that is subject to this Cchapter shall submit a Wwater-Eefficient Llandscape application package, on forms provided by the Planning Division, prior to commencement of grading or constructionbefore any grading or construction can begin on the proposed site. The landscape application package shall include all of the following: [Source: 18.52.050.A, modified]

1. A pProject information sheet , on a form prepared by the zoning administrator, identifying the applicantapplicant’s name and description of the project, including location, type of development, source of irrigation water, total landscape area, and area of landscape to be rehabilitated. [Source: 18.52.050.A.1]

2. Certifications as required in PHMC § Section 18.52.090 18.95.070 (Certifications)on forms prepared by the zoning administrator. [Source: 18.52.050.A.2] Item 10.1
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3. Water efficient landscape worksheet with calculations of the maximum applied water allowance and estimated total water use of the proposed landscape plan on forms prepared by the zoning administrator. [Source: 18.52.050.A.3]

4. Landscape and irrigation plan prepared in accordance with PHMC §§ 18.52.060 and

18.52.070Section 18.95.040 (Water-Efficient Landscape Standards) and Section

18.95.050 (Landscape Plan Requirements). [Source: 18.52.050.A.4]

5. Maintenance schedule prepared consistent with the provisions of PHMC §

18.52.100Section 18.95.080 (Landscape and Irrigation Maintenance Schedule). [Source: 18.52.050.A.5]

6. Soil management report prepared consistent with the provisions of PHMC §

18.52.060.. [Source: 18.52.050.A.6]
B. Waiver for Llow Wwater Uuse Llandscapes. The Zzoning Aadministrator may waive the requirement for submittal of the water efficient landscape worksheet required by this Ssection; provided, that the landscape plan meets all the following requirements: [Source: 18.52.050.B]

1. Does not include any water features with more than 100 square feet of total surface area. [Source: 18.52.050.B.1]

2. Does not include any turf or other plants identified as medium or high water use in Water Use Classification of Landscape Species (WUCOLS), unless they qualify as special landscape area. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source:

18.52.050.B.2]

18.95.040 Water-Efficient Landscape Standards
The proposed landscape shall be creative and incorporate a variety of plantings to avoid uniformity and similar landscape designs. The landscape plan shall meet the following standards (the applicable best management practices): [Source: 18.52.060]
A. Required Eelements. The landscape plan shall address all of the following topics: [Source:

18.52.060.A]

1. Plant materials; [Source: 18.52.060.A.1]

2. Irrigation system design; [Source: 18.52.060.A.2]

3. Water features; and [Source: 18.52.060.A.3]

4. Grading and soil preparation. [Source: 18.52.060.A.4] B. The landscape plan shall be subject to the requirements of the Llandscape Ddesign certification Certificate of Compliance form maintained by the Zzoning Aadministrator., which shall be in substantially the form as set forth in Appendix C hereto. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.060.B]

18.95.050 Landscape Plan Requirements
The water-efficient landscape plan shall demonstrate that all the water-efficient landscape standards of PHMC § 18.52.060 Section 18.95.040 (Water-Efficient Landscape Standards) have been met. The Item 10.1
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plan shall include details and specifications reflecting best management practices for water-efficient landscape design. [Source: 18.52.070]
A. Planting Pplan. The planting plan shall include information identified in the Landscape Design Ccertificate of Ccompliance form: landscape design form as maintained by the zoning administrator. [Source: 18.52.070.A]
B. Irrigation Pplan. The irrigation plan shall include information identified in the Landscape Design Certificate of Compliance certificate of compliance: landscape design form as maintained by the zoning administrator. [Source: 18.52.070.B]
C. NPDES. The proposed landscape plan shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES; PHMC Chapter 15.05) intended to implement stormwater best management practices into the planting, irrigation, and grading plans to minimize runoff and to increase on-site retention and infiltration. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.070.C]

18.95.060 Landscape Water Irrigation Audit
A landscape water audit shall be completed as specified in this Ssection to ensure that the installed landscape meets the requirements of this Cchapter. [Source: 18.52.080] A. Audit requiredGeneral Requirement. The Ccity Llandscape Iirrigation Aauditor or an independent third partythird-party certified irrigation system auditor shall have an audit completed within 30 calendar days after completion of the landscape installation. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. Large projects or projects with multiple landscape installations shall have an auditing rate ofcomplete at least one audit for every in seven lots lots or approximately 15 percent% of the project. [Source: 18.52.080.A]
B. Repair or Ccorrection. The Ccity or independent third- party certified irrigation system auditor shall inform the applicant or owner of all the areas where the landscape project does not conform to this Cchapter. This shall include, but is not limited to, all items listed on the Ccertificates of Ccompliance required for the project. The applicant or property owner shall repair or correct the noncompliance issues and the site lot shall be re-audited for compliance within 30 calendar days of receipt of report from certified irrigation system auditor. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.080.B]

18.95.070 Certifications
A. Applicability. Prior toBefore final permit inspection or issuance of a Ccertificate of Ooccupancy , as applicable, for the project, the applicant shall submit completed Ccertificates of Ccompliance, on forms prepared by the zoning administratorprovided by the Planning Division, that the landscape has been designed and installed in accordance compliance with the approved water-efficient landscape plan submittal and the requirements of this Cchapter. [Source: 18.52.090]
B. Required Ccertificates of Ccompliance. The applicant shall submit shall include the completed Certificates of Compliance for all the following: [Source: 18.52.090] Item 10.1
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A.1. Landscape Design. The licensed landscape architect, licensed landscape contractor, or any other person(s) authorized by law to design a landscape, who prepared the landscape design, shall complete the Landscape Design C certificate of Ccompliance:
landscape design sheetform, certifying the landscape has been designed to comply with the criteria of this Ssection. (See Appendix C.) [Source: 18.52.090.A] B.2. Landscape Iinstallation. The aApplicant shall complete the Landscape Installation Ccertificate of Ccompliance: landscape installation sheet form, certifying the landscape has been installed, as specified in the landscape plans, and complies with this Ssection. (See Appendix D.) [Source: 18.52.090.B]
C.3. Irrigation Iinstallation. The certified irrigation system auditor shall complete the Landscape Installation Ccertificate of Ccompliance: landscape installation sheet form certifying the landscape and irrigation system have been installed, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure, and any other factors necessary for accurate programming, as specified in the landscape plans, and comply with the criteria of this Ssection. (See Appendix D.) [Source: 18.52.090.C]
D.4. Maintenance. The maintenance contractor/person for a landscape project(s) involving more than one single-family family residence, or the property owner/resident for a landscape project for an individual single-family residence, shall complete the Landscape Maintenance Ccertificate of Ccompliance: landscape maintenance sheet, certifying the landscape maintenance contractor, or /person responsible for maintenance, agrees to manage the property using less water than the maximum applied water allowance. (See Appendix E.) (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.090.D]

18.95.080 Landscape and Irrigation Maintenance Schedule The aApplicant shall develop a landscape maintenance specification and schedule for the landscape project that is consistent with the most recent acceptable best management practices for landscape maintenance. Schedules shall be submitted with the Landscape Maintenance Certificate of Compliancecertification of compliance specified pursuant to in accordance with PHMC § Section

18.52.090 18.95.070 (Certifications) and shall specify, at a minimum: [Source: 18.52.100] A. An annual landscape maintenance schedule including at least the following:

1. Rroutine inspection;

2. Aauditing, adjustment, and repair of the irrigation system and its components;

3. Aaerating turf areas;

4. Ttopdressing with compost, replenishing mulch;

5. Sseasonal pruning;

6. Wweeding in all landscape areas; and
A.7. Rremoving obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. [Source:

18.52.100.A]
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B. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components of greater efficiency. [Source: 18.52.100.B] C. Project shall be irrigated so that total annual water applied is less than or equal to the maximum applied water allowance (MAWA), if applicable. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.100.C]

18.95.090 Provisions for Existing Landscaping
This Ssection applies to all landscaped areas that were installed before December 1, 2015. [Source:

18.52.110]
A. Each property owner in the city shall ensure the efficient use of landscape water and may utilize resources and services, such as irrigation surveys and landscape water use analysis, that are offered by the local retail or wholesale water utility. [Source: 18.52.110.A] B. Each property owner in the city is encouraged to prevent water waste resulting from inefficient landscape irrigation by limiting landscape irrigation to the hours between 8:00 p.m. and 10:00 a.m.; and by prohibiting runoff from the target landscape areas due to excessive irrigation run times, low head drainage, overspray, or other similar conditions where water flows onto an adjacent property, sidewalk, roadway, parking lot, or structure. Irrigation water runoff from the owner’s property is prohibited. [Source: 18.52.110.B]
C. The additional standards shall apply to For existing landscapes installed prior to December 1, 2015, and over one acre in size the following shall also apply: [Source: 18.52.110.C]

1. For landscapes that have a water meter, the property owner shall submit to the Ccity (or with agreement with the local water district) irrigation water use analysis/audits to evaluate water use and include recommendations to reduce landscape water use to a level that does not exceed the maximum applied water allowance currently in effect. [Source: 18.52.110.C.1]

2. For landscapes that do not have a water meter, the property owner shall submit to the Ccity (or with agreement with the local water district) irrigation water use analysis/audits to evaluate water use and include recommendations to prevent water waste. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.110.C.2]

18.95.100 Disclosures
A. Model Hhomes. All new model homes for a single-family family residential subdivision or phase of a subdivision shall have front and corner (street) side yards setbacks that are landscaped in accordance with the provisions of this Cchapter. At least one of the model homes shall include interpretive or informational signage highlighting for visitors the water-efficient landscape principles incorporated into the site landscaping. Signage Signs shall include information about the site water use as designed per the city ordinancethis Chapter; specify who designed and installed the water-efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment system.

The developer shall make available to visitors brochures or other written or graphic media that informs visitors and potential buyers about the principles of water-efficient landscapes, Item 10.1
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including but not limited to those principles that are described in this Cchapter. [Source:

18.52.120.A]
B. Architectural Gguidelines. This Cchapter and the State Water Conservation in Landscaping Act shall preempt any architectural guidelines or covenants, conditions, and restrictions (CC&Rs) of a common interest development which have the effect of prohibiting the use of low water use plants as a group. “Common interest development” includes a homeowner association, community apartment project, condominium, planned development, and stock cooperative. [Source: 18.52.120.B]
C. Providing Iinformation. For a landscape project subject to this chapter under PHMC §§

18.52.030.A through D, the property owner/resident is required to provide the following information to a subsequent site landscape maintenance company, new tenant, or owner at transfer of ownership or maintenance responsibility: [Source: 18.52.120.C]

1. Irrigation controller map; [Source: 18.52.120.C.1]

2. Programming table; and [Source: 18.52.120.C.2]

3. Annual maintenance schedules based on a water budget. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source: 18.52.120.C.3]

18.95.110 Fees
An applicant subject to this Cchapter (under PHMC § 18.52.030) shall pay submittal fees in the amount established by resolution of the Ccity Ccouncil. (Ord. 900 § 1, 2016; Ord. 858 § 1, 2011) [Source:

18.52.130]

18.95.120 Irrigation Efficiency
For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. (Ord. 900 § 1, 2016) [Source:

18.52.140]

18.95.130 Reporting
The Ccity shall report by January 31st of each calendar year to the Department of Water Resources and shall address the following: [Source: 18.52.150]
A. Note whether a single agency ordinance or a regional agency alliance ordinance was adopted, and the date of adoption or anticipated date of adoption. [Source: 18.52.150.A] B. Define the reporting period (calendar year). [Source: 18.52.150.B] C. Note if using a locally modified water-efficient landscape ordinance (WELO) or the MWELO is being used. If using a locally modified WELO, how is it different than MWELO, is it at least as efficient as MWELO, and note any exemptions specified. [Source: 18.52.150.C, modified] D. Note the entity responsible for implementing the ordinance. [Source: 18.52.150.D] E. Note the number and types of projects subject to the ordinance during the specified reporting period. [Source: 18.52.150.E]
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F. Note the total area (in square feet or acres) subject to the ordinance over the reporting period, if available. [Source: 18.52.150.F]
G. Note the number of new housing starts, new commercial projects, and landscape retrofits during the reporting period. [Source: 18.52.150.G]
H. Describe the procedure for review of projects subject to the ordinance. [Source: 18.52.150.H] I. Identify actions taken to verify compliance. [Source: 18.52.150.I] J. Identify enforcement measures. [Source: 18.52.150.J] K. Explain challenges to implementing and enforcing the ordinance. [Source: 18.52.150.K] L. Note educational and other needs to properly apply the ordinance. (Ord. 900 § 1, 2016) [Source: 18.52.150.L]
Item 10.1
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Chapter 18.100
Wireless Telecommunications
Item 10.1
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Chapter 18.100 Wireless Telecommunications
Sections

18.100.010 Purpose and Applicability

18.100.020 Exemptions

18.100.030 Permits Required

18.100.040 Application Submittal Requirements

18.100.050 Findings

18.100.060 General Development Standards

18.100.070 Nonconforming Provisions

18.100.080 Exceptions

18.100.090 Standard Conditions of Approval

18.100.100 Conditions of Approval for Section 6409(a) Modifications

18.100.110 Timing of Review

18.100.120 Peer Review

18.100.130 Decision

18.100.140 Revocation

18.100.150 Appeal

18.100.010 Purpose and Applicability
A. Purpose. The purpose of this Cchapter is to establish a comprehensive set of zoning requirementsstandards for antennas and wireless telecommunications facilities. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with Ffederal and Sstate rules and regulations. At the same time, tThese regulations are also intend intended to protect neighbors from potential adverse impacts of such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the city has purview, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source:

18.67.010]
B. Applicability. The standards of this Chapter shall apply to any wireless telecommunication facilities, antennas, and structures for which land use approval is required, except for those facilities specified in Section 18.100.020 (Exemptions). [Source: NEW] Item 10.1
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18.100.020 Exemptions
The requirements of this chapter do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility listed in this Section shall fully comply with all other applicable requirements of the Pleasant Hill Municipal Code to the extent not specially exempted in this sectionSection, including but not limited to the adopted uniform codes, including,: Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code. [Source: 18.67.110] A. The requirements of this Chapter do not apply to antennas or antenna structures established in this Ssection, unless otherwise noted in this Chapter.

A.B. Over-the-Aair -Rreception -Ddevices (OTARD) Aantennas. [Source: 18.67.110.A]

1. Satellite Ddishes 39.37 Iinches (one meter) or Lless. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement) and are either: [Source: 18.67.110.A.1] a. (a) Iintended for the sole use of a person occupying the same parcel lot to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite; or [Source:

18.67.110.A.1]

2.b. Aa hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and . [Source:

18.67.110.A.1]

2. Non-Ssatellite Ddishes 39.37 Iinches (one meter) or Lless. A Non-satellite dish antennas measuring 39.37 inchesone meter or less in diameter or diagonal measurement and are either: [Source: 18.67.110.A.2]
a. iIntended for the sole use of a person occupying the same parcel lot to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or [Source: 18.67.110.A.2]

3.b. a A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services. [Source:

18.67.110.A.2]

3. Television Bbroadcast Ssystem (TVBS) Aantennas., TVBS antennas providedare exempt provided that all the following are true: [Source: 18.67.110.A.3] a. tThe antenna is located entirely on and/or above the subject property;, and [Source: 18.67.110.A.3]

4.b. nNo portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot, or adjacent to a street. [Source:

18.67.110.A.3]
C. Satellite Eearth Sstation (SES) Aantennas. Satellite earth station (SES) SES antennas measuring two meters or less in diameter (or diagonal measurement) located on a property Item 10.1
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within any commercial or industrial zoning district that comply with all the following provisions.

SES antennas are not exempt from obtaining a Building Permit and Zoning Permit for review of placement to ensure that maximum safety is maintained. [Source: 18.67.110.B]

1. tThe antenna is located entirely on and/or above the subject property; and [Source:

18.67.110.B]

2. nNo portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. [Source: 18.67.110.B] B. All SES antennas require a building permit and zoning permit for review of placement to ensure that maximum safety is maintained. [Source: 18.67.110.B] C.D. Amateur Rradio Aantennas. Antennas and antenna structures constructed by or for FCClicensed amateur radio operators that comply with all of the following provisions. Such an antenna or antenna structure requires is not exempt from obtaining a Bbuilding Ppermit and Zzoning Ppermit for review of placement to ensure that maximum safety is maintained.:
[Source: 18.67.110.C]

1. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width; [Source: 18.67.110.C.1]

2. The antenna boom measures 20 feet or less in length and is three inches or less in diameter; [Source: 18.67.110.C.2]

3. No antenna element exceeds 32 feet in length or two inches in diameter or width, with the exception ofexcept for mid-element tuning devices which shall not exceed six inches in diameter or width; and [Source: 18.67.110.C.3]

4. The turning radius of any antenna does not exceed 26 feet.; and [Source:

18.67.110.C.4]
D. All antennas and antenna structures shall comply with PHMC § 18.67.150Section 18.100.060 (General Development Standards), and other applicable provisions of the municipal code. [Source: 18.67.110.C.5]

5. E. Public Ssafety Ffacilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used and maintained by the Ccity, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use. [Source: 18.67.110.D] F. Temporary Mmobile Ffacilities. Mobile facilities placed on a site for less than seven consecutive calendar days, provided any other necessary permits are obtained. [Source: 18.67.110.E] G. Collocation Ffacilities. A proposed collocation facility that meets all of the requirements of California Government Code Ssection 65850.6. [Source: 18.67.110.F] H. Emergency Ffacilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the Ppolice Cchief or Ccity Mmanager, so long as the Item 10.1
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facility is removed at the conclusion of the emergency. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.110.G]

18.100.030 Permits Required
A person who proposes to install or operate a wireless telecommunications facility shall first obtain approval, as set forth in subsection A of this section (if the facility would be located in public right-ofway) or as set forth in subsection B of this section (if the facility would be located on private or public property), unless the facility is exempt under PHMC § 18.67.110 (Exemptions)Telecommunication facilities, antennas, and structures shall obtain the following applicable permits unless exempt under Section 18.100.020 (Exemptions). [Source: 18.67.120]
A. If the facility, antenna, or structure will be located in the public right-of-wayPublic right-of-way, the following permits are required. [Source: 18.67.120.A]

1. Encroachment Ppermit.
a. An Eencroachment Ppermit shall be required for any facility located within the public right-of-way other than a qualifying Federal Communications Commission (FCC) Section 6409(a) Mmodification. Applications for facilities within the public right-of-way are subject to review and approval by the Ccity Eengineer. Approval of an Eencroachment Ppermit for a facility shall only be granted by the city engineerapproved if the facility is in substantial conformance with the applicable general development standards in PHMC §

18.67.150 Section 18.100.060 (General Development Standards) and the “Guidelines for Wireless Communications Facilities” within the public right-ofway. Exceptions or deviations from the guidelines may be granted at the discretion of the Ccity Eengineer if the applicant demonstrates that the findings for approval of an exception/deviation as established in (PHMC § Section

18.67.160) 18.100.080 (Exceptions) have been are satisfied. The processing of an encroachment permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for city staff time processing the permit. [Source: 18.67.120.A.1 and 18.67.120.A.4]
b. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property for the purposes of constructing a wireless telecommunications facility. [Source: 18.67.120.A.6]

1. 2. Zoning Ppermit. A Zzoning Ppermit shall be required for any Section 6409(a) modification. Applications for Zzoning Ppermits for a Section 6409(a) modification within the public right-of-way are subject to review and approval by the Ccity Eengineer. [Source: 18.67.120.A.2]

3. License. A license entered into with the Ccity shall be required for use of any Ccityowned property within the public right-of-way. [Source: 18.67.120.A.3]

4. Cost recovery. The processing of an encroachment permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for city staff time processing the permit. [Source: 18.67.120.A.4]
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5.4. Building Ppermit. A Bbuilding Ppermit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted. [Source: 18.67.120.A.5]

6. Encroachment Permit for Construction. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property. [Source: 18.67.120.A.6]
B. Private Pproperty and Ppublic Pproperty (excluding public right-of-way). [Source: 18.67.120.B]

1. Architectural Rreview Ppermit. An Aarchitectural Rreview Ppermit under PHMC Chapter 18.115 is required for the following facilities: [Source: 18.67.120.B.1] a. A monopole or any other antenna structure constructed by or for an FCClicensed amateur radio operator which, when fully extended, is between 35 and 60 feet in height, and/or has a turning radius exceeding 26 feet (when the antennas are rotated). [Source: 18.67.120.B.1.a]
b. A wireless telecommunications facility other than a Section 6409(a) modification, or an application for a small wireless facility collocation. [Source:

18.67.120.B.1.b]

2. Minor Uuse Ppermit. A Mminor Uuse Ppermit shall be required for any wireless telecommunications facility that is a small wireless facility involving a new or replacement structure or that involves the collocation of a personal wireless services facility that is not a Section 6409(a) modification. The Zzoning Aadministrator or designee shall administratively review, process, conditionally approve or deny an application for a Mminor Uuse Ppermit in accordance with the procedures set forthestablished in PHMC Chapter 18.9518.___145 (Use Permit). No public hearing shall be required for a minor use permit required by this chapter. [Source:

18.67.120.B.2]

3. Zoning Ppermit. A Zzoning Ppermit shall be required for any Section 6409(a) modification. No Aarchitectural Rreview Ppermit shall be required for a Section 6409(a) modification. [Source: 18.67.120.B.3]

4. Use Ppermit. A Uuse Ppermit issued in accordance with the procedures set forth in PHMC Chapter 18.95 is required for the installation of: [Source: 18.67.120.B.4] a. An amateur radio antenna that does not meet the standards of PHMC §

18.67.110.C or whichis not exempt under this Chapter, when fully extended, exceeds 60 feet in height. [Source: 18.67.120.B.4.a]
b. Any wireless telecommunications facility, monopole, or any other antenna structure constructed by or for a personal wireless services provider, not otherwise covered by subsection A or B.2 or B.3 of this sectionin this Section. [Source: 18.67.120.B.4.b]

5. Building Ppermit. A Bbuilding Ppermit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted. [Source: 18.67.120.B.5]
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6. Encroachment Ppermit. An Eencroachment Ppermit shall be required for accessing, working, or staging within the public right-of-way or on Ccity-owned public property. [Source: 18.67.120.B.6]

7. License/Llease. A lease or license entered into with the city shall be required for any facility located within or upon Ccity-owned public property. [Source: 18.67.120.B.7] C. Temporary Uuse Ppermit. A Ttemporary Uuse Ppermit issued in accordance with the procedures set forth in PHMC Chapter 18.100 is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code Ssection 8558 requiring additional service capabilities for a period not to exceed 90 consecutive calendar days. (Ord. 966 § 3, 2023; Ord. 928 § 11, 2019; Ord. 910 § 5, 2017) [Source: 18.67.120.C]

18.100.040 Application Submittal Requirements
An applicant seeking approval for a wireless telecommunications facility or a modification to a preexisting wireless telecommunications facility pursuant to in accordance with this Cchapter shall complete and submit an application to the Pplanning Ddivision for review and processing, upon the approved formm published by the city planner, which may be updated from time to time. (Ord. 966 § 3, 2023; Ord. 934 § 9, 2019; Ord. 910 § 5, 2017) [Source: 18.67.130]

18.100.050 Findings
In addition to the required findings for the applicable permit under Part 4 (Permit and Entitlement Processing Procedures), tThe hearing body or individual consideringreview authority responsible for reviewing an entitlement permit in accordance with this Chapter a zoning permit, an architectural review permit, a use permit, or a minor use permit may approve the permit only upon making one of the following findings:, in addition to the findings which may be otherwise required for the particular permit, that
A. Any and all each applicable requirements in this Cchapter has have been satisfied;, or B. Tto the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested an exception pursuant toin accordance with PHMC § 18.67.160 Chapter 18.100.080 (Exceptions) and the findings for granting an exception can be made. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.140]

18.100.060 General Development Standards
A. General Ddevelopment Sstandards. Each wireless telecommunications facility located on private property shall be designed, installed, and operated in compliance with these development standards, unless specifically stated otherwise in this Ssection.

A.1. Limited Requirements. Wireless telecommunication facilities approved under a Zzoning Ppermit for a Section 6409(a) modification or an Encroachment Permit for facilities in a public right-of-way shall only be required to comply with the development standards in Paragraphs subsections A.1.b 1.b, 2.h, 3, 6, 9, and 10 of this sectionSubsection. Wireless telecommunication facilities located in the public right-ofItem 10.1 City Council Meeting Agenda - Page 1221 of 2120 - Monday, April 21, 2025 Chapter 18.100
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way and approved under an encroachment permit by the city engineer shall only be required to comply with the development standards in subsections A.1.b, 2.h, 3, 6, 9, and 10 of this section in addition to the requirements of PHMC § 18.67.120.A. [Source:

18.67.150.A]

1.2. Location Rrequirements. [Source: 18.67.150.A.1]
a. Zoning Ddistricts. See Schedules 18.20.020 and 18.25.020. NotNo more than one monopole or any other antenna structure is permitted on any parcel lot in a residential zoning district. A wireless telecommunications facility may also be located inbe allowed in the Downtown Specific Plan area and the Contra Costa Center Specific Plan area and other future specific plan areas if listed as an allowed use within the approved specific plan. [Source: 18.67.150.A.1.a] b. Airport Ssafety Zzones. A wireless telecommunications facility shall not be installed within Airport Ssafety Zzones 2, 3, or 4 for Buchanan Field, as identified in the General Plan, or for any other airport or heliport, unless the Aairport Ooperator and the Airport Land Use Commission indicate in writing that the facility would not adversely impact airport operations (the safety zones for Buchanan Field are identified in the Pleasant Hill general plan). [Source:

18.67.150.A.1.d]
ii. The smallest and least visible antennas asantennas possible should be installed which will reasonably accommodate the operator’s communication needs. [Source: 18.67.150.A.1.d]
iii. The Ccity shall retain the authority to limit the number of antennas and related equipment at any site in order toto minimize potential visual impacts. [Source: 18.67.150.A.1.d]
e. Setbacks. A wireless telecommunications facility and any related groundmounted equipment shall not be located in the front or street side yard setback of any parcellot, or within 200 feet of a parcel lot having with a residential use.

The 200-foot linear measurement shall be taken from the base of any antenna structure, any structure that is supporting antennas, and/or any groundItem 10.1 City Council Meeting Agenda - Page 1222 of 2120 - Monday, April 21, 2025 Chapter 18.100 Wireless Telecommunications
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mounted support equipment to the nearest property line of the residential use. [Source: 18.67.150.A.1.e]

2.3. Screening and Ddesign Rrequirements. [Source: 18.67.150.A.2] a. Antennas. Antennas, antenna structures, and related equipment shall incorporate architectural, landscape, color, and/or other treatments to minimize potential visual impacts. [Source: 18.67.150.A.2.a] b. Natural Aappearance. Ground-mounted facilities shall be screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views. [Source: 18.67.150.A.2.b]
c. Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and nonreflective material. [Source: 18.67.150.A.2.c] d. Blending with Aarchitecture. Building-mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. This shall include use of complementary materials and complementary colored paint. Screening may include locating the facility or equipment within attics, steeples, cupolas, and towers or within a new architectural addition to a building or structure which is architecturally compatible with the building. Applicants are also encouraged to design wireless telecommunications facilities to serve as public art, particularly those in commercial, office, or retail zoning districts. [Source: 18.67.150.A.2.d] e. Specific Pplan Aareas. Within any specific plan area, all wireless telecommunications facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside of attic spaces, steeples, cupolas, towers, below parapets, or concealed in architectural features. [Source: 18.67.150.A.2.e]
f. Exterior Llighting. Exterior lighting is limited to: [Source: 18.67.150.A.2.f] i. One exterior light with a maximum wattage of 100 watts over a door to equipment sheds. Light fixtures shall be equipped with cutoff lenses to minimize spill-over of light to adjacent properties; and [Source:

18.67.150.A.2.f.i]
ii. Other lights required by the Federal Aviation Administration (FAA) for communications facilities within Airport Safety Zones 2, 3 and 4. [Source: 18.67.150.A.2.f.ii]
g. Standards for wallWall- and Bbuilding-Mmounted Facility Dimension Standardsfacilities. [Source: 18.67.150.A.2.g]
i. Roof-Mmounted Aantennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna. [Source: 18.67.150.A.2.g.i]
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ii. Wall-Mmounted Aantennas. Wall-mounted antennas shall be architecturally integrated into the building design. Wall-mounted antennas shall not exceed a total of 50 square feet per building face. [Source: 18.67.150.A.2.g.ii]
h. Unauthorized Aaccess. All facilities shall be designed so as toto be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances. [Source: 18.67.150.A.2.h]

3.4. Noise Sstandards. Each facility shall be operated in such a manner so as toto minimize any noise impacts. The maximum noise generation limit for communications facilities and transmission equipment is 50 decibels (measured on the CNEL scale) measured 10 feet from any noise-generating use on the site. Final building plans for new and remodeled facilities shall include a letter from a qualified acoustical engineer certifying that building plans comply with this standard. [Source: 18.67.150.A.3]

4.5. Height. A wireless telecommunications facility, whether building- or ground-mounted, shall be no taller than 12 feet above the maximum allowed height limit of the main building in the zoning district in which the facility is located. [Source: 18.67.150.A.4]

5.6. Undergrounding. Extensions of electrical and telecommunications land lineslandlines to serve wireless telecommunications facilities shall be undergrounded. [Source:

18.67.150.A.5]

6.7. Signs. Wireless telecommunications facilities shall include the installation of allweather emergency information signs on- site in a reasonably visible location. Each sign shall indicate, at minimum, the site address and a 24-hour emergency contact phone number. [Source: 18.67.150.A.6]

7.8. Service Rroads. Existing roads and easements shall be used to the extent feasible.

New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the Ccity or the Contra Costa Fire Protection District. [Source:

18.67.150.A.7]

8.9. Landscaping and Ttree Ppreservation. [Source: 18.67.150.A.8] a. Landscape Pplan. Any existing trees or significant vegetation shall be retained as part of an approved landscape plan for the project. [Source:

18.67.150.A.8.a]
b. Protection. Prior toBefore commencement of work, existing trees in the vicinity of the facility and along any access roads and trenching areas shall be protected from damage with temporary construction fencing or other methods approved by the Zzoning Aadministrator. Grading, cutting or filling is prohibited in the dripline of any tree required to be preserved. Underground lines shall be located so as toto minimize damage to tree roots. [Source: 18.67.150.A.8.b] c. Restoration. All areas disturbed during project construction shall be revegetated with similar plant material before issuance of a certificate of occupancy. [Source: 18.67.150.A.8.c]
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9.10. Compliance with Llaws. All wireless telecommunications facilities shall comply with the applicable provisions of this section and this chapter Chapter as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code, and rules and regulations imposed by Sstate and Ffederal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission,FCC, California Public Utilities Commission (CPUC), and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 calendar days of the effective date of such standards, unless otherwise mandated by the the Ffederal or Sstate agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the Zzoning Aadministrator or other applicable Ccity decision-making body. Failure to comply with adopted new Sstate or Ffederal requirements shall be grounds for permit revocation in accordance with Section

18.100.150 (Revocation). [Source: 18.67.150.A.9]

11. Public Hhealth. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, [Source: 18.67.150.A.10, modified] a. Nno facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the Ccity, Ccounty, Sstate, or Ffederal government. [Source: 18.67.150.A.10]

10.b. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section Chapter shall be grounds for the Ccity to immediately terminate any permit granted hereunderunder this Chapter, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city. [Source: 18.67.150.A.10]

11.12. Performance Bbond. Prior toBefore a Building Permit or Electrical Permit is issued issuance of a building or electrical permit, the permittee applicant shall file with the Ccity, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security approved in advance by the Ccity for the removal of the facility in the event that the use is abandoned or the permit is revoked, terminated, or expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100 percent% of the cost of physically removing the wireless telecommunications facility and restoring the site to the condition as it existed prior tobefore the original deployment of the facility and all related facilities and equipment on the site, The amount shall be based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the Ccity for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the Ccity Ccouncil. Reimbursement shall be paid when the security is posted and during each administrative review. [Source: 18.67.150.A.11] Item 10.1
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B. Special Pprovisions for Aamateur Rradio Aantennas and Aantenna Sstructures. In addition to the general development standards in this sectionSection, amateur radio antennas and antenna structures shall comply with the following standards: [Source: 18.67.150.B]

1. Height. Tbe the minimum height and size necessary to reasonably accommodate the operator’s communication needs, in accordance with FCC regulations as set forth established in FCC Order “PRB-1.” [Source: 18.67.150.B] B.2. Retractable monopoles may be required for antenna structures over 35 feet in height which are in or within 200 feet of a parcel lot having with a residential use. The Ccity may require that, at times when not in operation, the monopole be retracted to the lowest elevation possible in order to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping, and/or any other site improvements. (Ord. 966 § 3, 2023; Ord. 928 § 12, 2019; Ord. 910 § 5, 2017) [Source:

18.67.150.B]

18.100.070 Wireless Telecommunication Facility – Nonconforming Provisions Any wireless telecommunications facilitiesy existing before the effective date of Ordinance 910 codified in this sectionApril 19, 2017 which isthat are nonconforming to the provisions of this section Chapter may continue to be used. Such a facility may be operated, repaired, and maintained but shall not be enlarged, expanded, relocated or modified to in a way that increases the discrepancy between the existing conditions and the requirements of this sectionnonconformance with this Chapter, unless otherwise permitted allowed by Ffederal law. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017. Formerly

18.67.380) [Source: 18.67.350]

18.100.080 Exceptions
A. The Ccity Eengineer, Zzoning Aadministrator, and/or the hearing bodyor other review authority considering the permit application may grant exceptions to the design and location standards for wireless communications facilities subject to this Cchapter, if it is determined that the applicant has established that the denial of an application or strict adherence to the location and design standards would: [Source: 18.67.160.A]

1. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of Ffederal law; or [Source: 18.67.160.A.1]

2. Otherwise violate applicable laws or regulations; or [Source: 18.67.160.A.2]

3. Require a technically infeasible location, design, or installation of a wireless facility; [Source: 18.67.160.A.3]

4. Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits. [Source: 18.67.160.A.4]
B. If the applicant requests an exception and the city engineer, zoning administrator and/or the hearing body review authority considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design, or installation, or minor Item 10.1
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noncompliancenonconformance. (Ord. 966 § 3, 2023; Ord. 928 § 13, 2019; Ord. 910 § 5, 2017) [Source: 18.67.160.B]

18.100.090 Standard Conditions of Approval
All permits issued in accordance with thisunder this Cchapter, whether approved by the city engineer, zoning administrator and/or the hearing body considering the application or deemed approved by the operation of law, shall be automatically subject to the conditionscomply with the conditions of approval established in this Ssection. The Ccity Eengineer, Zzoning Aadministrator, and/or or other the hearing body review authority considering the permit application under this Chapter shall have discretion to modify, supplement, waive, or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals purpose of this Cchapter. [Source:

18.67.170]
A. Permit Tterm. Any permit for a wireless communications facility issued in accordance with this chapter will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the permit issuance date, except when California Government Code Ssection 65964(b), as may be amended, authorizes the Ccity to issue a permit with a shorter term. [Source: 18.67.170.A] B. Code Ccompliance. The permittee shall at all times maintain compliance with all applicable Ffederal, Sstate, and local laws, regulations and other rules and regulations. [Source:

18.67.170.B]
C. Inspections – Emergencies. The Ccity or its designee may enter onto shall be allowed into the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The Ccity reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. [Source:

18.67.170.C]
D. Contact Iinformation for Rresponsible Pparties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one natural contact person. All such contact information for responsible parties shall be provided to the Zzoning Aadministrator upon permittee’s receipt of the Zzoning Aadministrator’s written request, except in an emergency determined by the Ccity when all such contact information for responsible parties shall be immediately provided to the Zzoning Aadministrator upon that person’s verbal request. [Source: 18.67.170.D]
E. Indemnities.

1. The permittee and, if applicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify, and hold harmless the Ccity of Pleasant Hill, its agents, officers, officials, and employees from: [Source: 18.67.170.E] a. aAny and all damages, liabilities, injuries, losses, costs and expenses, and from any and all claims, demands, law suitslawsuits, writs of mandamus, and other actions or proceedings brought against the Ccity or its agents, officers, Item 10.1
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officials or employees to challenge, attack, seek to modify, set aside, void, or annul the Ccity’s approval of the permit;, and [Source: 18.67.170.E] b. aAny and all damages, liabilities, injuries, losses, costs and expenses, and any and all claims, demands, law suits or causes of action, and other actions or proceedings of any kind or form, whether for personal injury, death, or property damage, arising out of or in connection with the activities or performance of the permittee or , if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors. [Source: 18.67.170.E]

2. Further, pPermittees shall be strictly liable for interference caused by their facilities with the Ccity’s communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the Ccity attributable to the interference. [Source: 18.67.170.E]
E.3. In the event the Ccity becomes aware of any such actions or claims, as mentioned in this Subsection, the Ccity shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the Ccity shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the Ccity’s defense, and the property owner and/or permittee (as applicable) shall reimburse Ccity for any costs and expenses directly and necessarily incurred by the Ccity in the course of the defense. [Source: 18.67.170.E]
F. Adverse Iimpacts on Aadjacent Pproperties. The pPermittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements. [Source: 18.67.170.F] G. General Mmaintenance. The site and the facility, including but not limited to all landscaping, fencing, and related transmission equipment, mustshall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. [Source:

18.67.170.G, modified]
H. Graffiti Rremoval. All graffiti on facilities mustshall be removed at the sole expense of the permittee within 48 hours after notification from the Ccity. [Source: 18.67.170.H] I. RF Eexposure Ccompliance. All facilities mustshall comply with all standards and regulations of the FCC and any other Sstate or Ffederal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior tobefore unattended operations of the wireless telecommunications facility, permittee or its representative mustshall provide the Ccity documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer. [Source: 18.67.170.I] J. Build-Oout Pperiod. This permit shall lapse one year12 months after its date of approval unless one of the following has occurred: [Source: 18.67.170.J] Item 10.1
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1. A Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.67.170.J.1]

2. A certificate of occupancy has been issued; or [Source: 18.67.170.J.2]

3. The facility is constructed or modified as approved and in operation; or [Source:

18.67.170.J.3]

4. The build-out period is extended by the reviewcity authority which originally approved the permit. [Source: 18.67.170.J.4]
K. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source: 18.67.170.K] L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that tTesting is prohibited on Saturdays, Sundays, and Ffederally recognized holidays that fall on a weekday.

In addition, testing is prohibited on weekend days. [Source: 18.67.170.L] M. Utilities Uundergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground. [Source: 18.67.170.M] N. Encroachment. Permittee mustshall obtain an Eencroachment Ppermit for any work, staging, operations, or construction access in the public right-of-way or on Ccity-owned public property.

The permit shall require the applicant to comply with, but not be limited to, the following requirements: [Source: 18.67.170.N]

1. Hours of work operation within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. on weekdays only. [Source: 18.67.170.N.1]

2. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project. [Source: 18.67.170.N.2]

3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles. [Source: 18.67.170.N.3]

4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way. [Source: 18.67.170.N.4]

5. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan. [Source: 18.67.170.N.5]

6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays. [Source: 18.67.170.N.6]

7. The contractor shall obtain approval in writing from the City Eengineer prior tobefore commencing work in the public right-of-way on weekends or holidays. [Source:

18.67.170.N.7]

8. The contractor shall be responsible for repairing any damage to Ccity property and to restore Ccity property to any applicable Ccity standards. [Source: 18.67.170.N.8] Item 10.1
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9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable. [Source: 18.67.170.N.9]
O. Other Aapprovals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with Ffederal, Sstate, and local laws, rules, and regulations. [Source: 18.67.170.O] P. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Cchapter. [Source: 18.67.170.P] Q. Performance and Mmaintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the Ccity or after discovery by the permittee. [Source: 18.67.170.Q] R. Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless telecommunications facility and all related facilities and equipment on the site, based on the higher of two contractors’ quotes for removal that are provided by the permittee.

The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.Performance Bond. Before a Building Permit or Electrical Permit is issued, the applicant shall file with the City and shall maintain in good standing throughout the term of the approval, a performance bond or another form of security approved in advance by the City for the removal of the facility in the event that the use is abandoned or the permit is revoked, terminated, or expires. The security shall be in the amount equal to 100 percent of the cost of physically removing the wireless telecommunications facility and restoring the lot to the condition as it existed before the original deployment of the facility and all related facilities and equipment on the lot. The amount shall be based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review. [Source:

18.67.170.R]
S. Conflicts with Iimprovements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at its their own expense and without expense to the city, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the Ccity by reason of any change of grade, alignment, or width of any public right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way. [Source: 18.67.170.S] Item 10.1
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T. City Aaccess. The Ccity reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the Ccity reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The Ccity shall make an effort to contact the permittee, prior tobefore disabling or removing wireless telecommunications facility elements. [Source:

18.67.170.T]
U. Encourage cCollocation. Where the wireless telecommunications facility site is capable of accommodatingcan accommodate a collocation upon the same site, the owner and operator of the facility shall allow another carrier to collocate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions. [Source:

18.67.170.U]
V. Interference. To the extent allowed under applicable Ffederal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a Ffederal agency with jurisdiction over such matters finds that a facility is operating in violation of Ffederal standards, the permittee shall promptly provide the Zzoning Aadministrator, or Ccity Eengineer as applicable, with a copy of any notice of such violation issued by any Ffederal agency and shall notify the Zzoning Aadministrator or City Eengineer as applicable once the facility comes back into compliance with applicable standards. [Source: 18.67.170.V] W. Discontinuance of Uuse. Antennas, support structures, and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless telecommunications facility operating under a Uuse Ppermit that has expired and the site shall be restored to its previous condition. The service provider shall provide the Planning Divisionpublic works and planning development department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on Ccity property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures, and related equipment within 90 calendar days of the discontinuation of the use. [Source: 18.67.170.W] X. Compliance Vverification. No later than one year12 months after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, Sstate, and Ffederal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the Zzoning Aadministrator or Ccity Eengineer as applicable within five working days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the Ccity to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this Cchapter. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.170.X] Item 10.1
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18.100.100 Modifications Conditions of Approval for Section 6409(a) Modifications to Approval
A. Required Ffindings. The Zzoning Aadministrator for private and public property and the Ccity Eengineer for facilities in the public right-of-way shall issue a Zzoning Ppermit for a Section 6409(a) modification only upon finding that the proposed Section 6409(a) modification:
[Source: 18.67.210]

1. Meets each and every one of theall applicable criteria for an eligible facilities request stated in 47 C.F.R. §§ 1.6100(b)(3) through (9), or any successor provisions, after application of the definitions in 47 C.F.R. § 1.6100(b). The DirectorZoning AdminstratorAdministrator or City Engineer, or their designee, shall make an express finding for each criterion; [Source: 18.67.210.A]

2. Complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. §§ 1.6100(b)(7)(i) through (iv), or any successor provisions; and [Source: 18.67.210.B]

3. Will comply with all generally applicable laws. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.210.C]
B. Effect on Eexisting Uuse Ppermit. Notwithstanding any other requirement of the Pleasant Hill Municipal Code, the Zzoning Aadministrator for private and public property and the Ccity Eengineer for facilities in the public right-of-way shall be authorized to issue a Zzoning Ppermit for a Section 6409(a) modification, even if issuance of such a permit would have the effect of amending an existing Uuse Ppermit. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source:

18.67.220]
C. Conditions of Aapproval for Section 6409(a) Mmodifications. Zoning Ppermits for Section 6409(a) modifications are subject to the following conditions, unless modified by the Zzoning Aadministrator for private and public property and the Ccity Eengineer for facilities in the public right-of-way: [Source: 18.67.230]

1. No Ppermit Tterm Eextension. The Ccity’s grant or grant by operation of law of a Zzoning Ppermit for a Section 6409(a) modification constitutes a Ffederally mandated modification to the underlying permit or approval for the subject tower or base station.

The Ccity’s grant or grant by operation of law of a Zzoning Ppermit for a Section 6409(a) modification will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. [Source: 18.67.230.A]

2. No Wwaiver of Sstanding. The Ccity’s grant or grant by operation of law of a Section 6409(a) modification does not waive, and shall not be construed to waive, any standing by the Ccity to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification. [Source: 18.67.230.B]

3. Permit Ssubject to Cconditions of Uunderlying Ppermit. Zoning Ppermits for Section 6409(a) modifications shall be subject to the terms and conditions of the underlying permit for the existing tower or base station. [Source: 18.67.230.C] Item 10.1
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4. Code Ccompliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules. [Source:

18.67.230.D]

5. Inspections – Eemergencies. The Ccity or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The Ccity reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. [Source: 18.67.230.E]

6. Contact Iinformation for Rresponsible Pparties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the zZoning Aadministrator for private and public property and the Ccity Eengineer for facilities in the public right-of-way upon permittee’s receipt of the Zzoning Aadministrator’s or Ccity Eengineer’s written request, except in an emergency determined by the Ccity when all such contact information for responsible parties shall be immediately provided to the Z zoning Aadministrator or Ccity Eengineer, as applicable, upon that person’s verbal request. [Source: 18.67.230.F]

7. RF Eexposure Ccompliance. All facilities mustshall comply with all standards and regulations of the FCC and any other Sstate or Ffederal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior tobefore unattended operations of the wireless telecommunications facility, permittee or its representative mustshall provide the Zzoning Aadministrator or Ccity Eengineer, as applicable, documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer. [Source: 18.67.230.G]

8. Build-Oout Pperiod. This permit shall lapse one year12 months after its date of approval unless one of the following has occurred: [Source: 18.67.230.H] a. A Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.67.230.H.1] b. A certificate of occupancy has been issued; or [Source: 18.67.230.H.2] c. The facility is constructed or modified as approved and in operation; or [Source: 18.67.230.H.3]
d. The build-out period is extended by the city authority which originally approved the permit. [Source: 18.67.230.H.4]

9. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source:

18.67.230.I]

10. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., Item 10.1
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except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days. [Source: 18.67.230.J]

11. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be undergrounded where existing land lines serving the facility are underground. [Source: 18.67.230.K]

12. Encroachment. Permittee mustshall obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on city-owned public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements: [Source: 18.67.230.L]
a. Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays. [Source: 18.67.230.L.1] b. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project. [Source: 18.67.230.L.2] c. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles. [Source:

18.67.230.L.3]
d. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way. [Source: 18.67.230.L.4] e. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan. [Source: 18.67.230.L.5] f. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays. [Source: 18.67.230.L.6] g. The contractor shall obtain approval in writing from the Ccity Eengineer prior tobefore commencing work in the public right-of-way on weekends or holidays. [Source: 18.67.230.L.7]
h. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards. [Source: 18.67.230.L.8] i. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable. [Source: 18.67.230.L.9]

13. Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations. [Source: 18.67.230.M]

14. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.230.N]
D. Effect of Rrepeal of Section 6409(a). The city council has adopted this article to comply with P.L. 112-96, Section 6409. This article Section shall become null and void if P.L. 112-96, Item 10.1
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Section 6409, is rescinded. In such event, any application that would have been subject to this Article III shall instead be subject to the requirements of Article II. . (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.240]

18.100.110 Timing of Review
The Ccity shall strive to advise the applicant if an application is incomplete in accordance with applicable Sstate and Ffederal timelines for action. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source:

18.67.310]

18.100.120 Peer Review
In addition, the city engineer, zoning administrator and/or the hearing body The review authority considering the relevant permit issued pursuant toin compliance with this Cchapter may require the application, proposed findings, and conditions of approval to be reviewed by an independent third-party peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant. (Ord. 966 § 3, 2023; Ord. 928 § 14, 2019; Ord. 910 § 5, 2017) [Source: 18.67.320]

18.100.130 Decision
A. Basis. The review authority decisions shall be in writingshall provide the applicant with written notice of its decision. A denial of an application under this Chapter must shall be supported by substantial evidence and comply with the following: [Source: 18.67.330.A]

1. Cannot be based on the environmental effects of radio frequency (RF) emissions if the facility complies with the FCC’s RF regulations; and [Source: 18.67.330.A.1]

2. Cannot violate Sstate or Ffederal law. [Source: 18.67.330.A.2]

3. The denial of a Zoning Permit application for a Section 6409(a) modification shall be made without prejudice. [Source: 18.67.330.C]

2. B. Timing of Ddecision. The Ccity shall strive to make its final decision on a complete wireless telecommunications facility application and issue all required ancillary permits within the applicable Sstate and Ffederal timelines for action. [Source: 18.67.330.B] C. Denial without prejudice. The denial of a zoning permit application for a Section 6409(a) modification shall be without prejudice. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source:

18.67.330.C]
D. Denial of an Incomplete Application
C.

1. To promote efficient review and timely decisions, any application governed under this Cchapter regardless of type may be denied without prejudice by the Ccity Eengineer or Zzoning Aadministrator when the applicant fails to tender a substantive response to the Ccity within 120 calendar days after the Ccity Eengineer or Zzoning Aadministrator deems the application incomplete in a written notice to the applicant.

2. The Ccity Eengineer or Zzoning Aadministrator, in his or her discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits Item 10.1
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a written request prior tobefore the one hundred twentieth120 day period that shows good cause to grant the extension. Good cause for an extension shall include, without limitationbut is not limited to, delays due to circumstances outside the applicant’s reasonable control. (Ord. 966 § 3, 2023) [Source: 18.67.340]

18.100.140 Revocation
A. General Requirement. Permittees shall fully comply with all conditions related to any permit or approval granted under this article Chapteror any predecessors to this article. Failure to comply with any condition of approval or maintenance of the facility in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safetyapplicable standard of this Chapter shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the Ccity may schedule a public hearing before the Pplanning Ccommission to consider revocation of the permit. The Pplanning Ccommission revocation action may be appealed to the Ccity Ccouncil pursuant in accordance with to PHMC Chapter 18.13018.175 (Appeals and Calls for Review). [Source: 18.67.360.A]
B. Removal, Repair, and Restoration. If the permit is revoked pursuant toin compliance this Ssection, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed prior tobefore the facility’s installation or as required by the Ccity within 90 calendar days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the facility’s removal and site restoration. [Source: 18.67.360.B] C. Storage. At any time after 90 days following permit revocation, the city may require the facility to be removed and restoration of the premises as the city deems appropriate. The Ccity may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The Ccity may, in lieu of storing the removed facility, convert it to the Ccity’s use, sell it, or dispose of it in any manner deemed appropriate by the Ccity. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017.

Formerly 18.67.390) [Source: 18.67.360.C]

18.100.150 Appeal
A. A decision of the Zzoning Aadministrator or Pplanning Ccommission on a Uuse Ppermit or Mminor Uuse Ppermit, as applicable, may be appealed to the Ccity Ccouncil in accordance compliance with the appeal procedures of PHMC Chapter 18.13018.75 (Appeals and Calls for Review).

B. A decision of the Ccity Eengineer concerning an Eencroachment Ppermit for a wireless telecommunications facility may be appealed per PHMC in accordance with Chapter 1.10 (Appeals), subject to the following modifications:

1. Tthe time for filing a notice of appeal is shall be shortened to five calendar days; (B)

2. Tthe hearing shall be held within 21 calendar days of the date the notice of appeal is filed; and
Item 10.1
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3. tThe decision of the Ccity Mmanager is final upon issuance and not appealable to Ccity Ccouncil.

C. Decisions on Zzoning Ppermit applications for a Section 6409(a) modification shall be final and may not appealablebe appealed. (Ord. 966 § 3, 2023; Ord. 928 § 15, 2019; Ord. 910 § 5, 2017.

Formerly 18.67.400) [Source: 18.67.370]
Item 10.1
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Part 3 – Regulations Applicable to
All Zoning Districts

REVISED PRELIMINARY DRAFT
APRIL 2025
Table of Contents
CHAPTER 18.45 GENERAL SITE AND DEVELOPMENT STANDARDS..................................... 6

18.45.010 Purpose and Applicability ................................................................................................. 6

18.45.020 Development on Lots Divided by Zoning District Boundaries .......................................... 6

18.45.030 Height Standards and Exceptions.................................................................................... 6

18.45.040 Measurements.................................................................................................................. 8

18.45.050 Refuse and Storage Areas ............................................................................................. 12

18.45.060 Relocated Structures...................................................................................................... 12

18.45.070 Traffic Safety Visibility Area............................................................................................ 13

18.45.080 Structure Projections and Encroachments into Setbacks .............................................. 14

18.45.090 Underground Utilities...................................................................................................... 15 CHAPTER 18.50 ADULT BUSINESSES...................................................................................... 17

18.50.010 Purpose and Applicability ............................................................................................... 17

18.50.020 Applicability to Other Regulations .................................................................................. 17

18.50.030 Separation Requirements............................................................................................... 17

18.50.040 Development and Operational Standards ...................................................................... 18

18.50.050 Adult Use Development Permit Required ...................................................................... 21

18.50.060 Conduct Constituting a Public Nuisance ........................................................................ 21

18.50.070 Violations ........................................................................................................................ 21 CHAPTER 18.55 CANNABIS........................................................................................................ 23

18.55.010 Personal Cultivation of Cannabis ................................................................................... 23

18.55.020 Commercial Cannabis Uses........................................................................................... 24 Item 10.1
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2 CHAPTER 18.60 CREEK SETBACKS......................................................................................... 26

18.60.010 Purpose and Applicability ............................................................................................... 26

18.60.020 Setback Standards ......................................................................................................... 26

18.60.030 Setback Exceptions........................................................................................................ 28

18.60.040 Additional Regulations.................................................................................................... 29 CHAPTER 18.65 FENCES, WALLS, AND SCREENING............................................................. 32

18.65.010 Purpose and Applicability .............................................................................................. 32

18.65.020 Permit Required................................................................ Error! Bookmark not defined.

18.65.030 Height Limitations........................................................................................................... 32

18.65.040 Fence and Wall Standards ............................................................................................. 33

18.65.050 Screening of Mechanical Equipment.............................................................................. 34

18.65.060 Swimming Pools and Hot Tubs ...................................................................................... 34 CHAPTER 18.70 OFF-STREET PARKING AND LOADING........................................................ 37

18.70.010 Purpose and Applicability ............................................................................................... 37

18.70.020 General Requirements for Off-Street Parking and Loading ........................................... 38

18.70.030 Number of Spaces Required.......................................................................................... 38

18.70.040 Shared Parking Facilities................................................................................................ 43

18.70.050 Reduced Parking for Use Classifications ....................................................................... 44

18.70.060 Parking Reductions Allowed Within Priority Development and Transit Uses ................ 45

18.70.070 Minor Adjustments to Parking Design Standards........................................................... 45

18.70.080 ADA Compliant Parking Spaces..................................................................................... 46

18.70.090 Electric Vehicle (EV), Bicycle, and Alternative Transportation...................................... 46

18.70.100 Parking Space and Drive Aisle Dimensions................................................................... 47

18.70.110 Driveways and Site Access ............................................................................................ 50

18.70.120 Screening, Lighting, and Landscaping ........................................................................... 53

18.70.130 Additional Design Standards for Parking Facilities ........................................................ 54

18.70.140 Location and Design of Off-Street Loading Spaces....................................................... 55 CHAPTER 18.75 PERFORMANCE STANDARDS....................................................................... 58

18.75.010 Purpose and Applicability ............................................................................................... 58

18.75.020 Noise .............................................................................................................................. 58

18.75.030 Vibration ......................................................................................................................... 59

18.75.040 Odors.............................................................................................................................. 59

18.75.050 Hazardous Materials ...................................................................................................... 59

18.75.060 Heat and Humidity.......................................................................................................... 59

18.75.070 Electromagnetic Interference ......................................................................................... 60 CHAPTER 18.76 SCENIC ROUTE SETBACKS .......................................................................... 62 Item 10.1
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3 18.76.010 Purpose and Applicability ............................................................................................... 62

18.76.020 Designated Scenic Routes and Corridors ...................................................................... 62

18.76.030 Setback Requirements ................................................................................................... 62 CHAPTER 18.80 SIGNS ............................................................................................................... 65

18.80.010 Purpose and Applicability ............................................................................................... 65

18.80.020 General Standards ......................................................................................................... 66

18.80.030 Permit Required.............................................................................................................. 66

18.80.040 Exempt Signs ................................................................................................................. 67

18.80.050 Prohibited Signs ............................................................................................................. 70

18.80.060 Maximum Wall Sign Area ............................................................................................... 71

18.80.070 Specific Sign Standards ................................................................................................. 73

18.80.080 Sign Design Guidelines .................................................................................................. 77

18.80.090 Temporary Sign Standards ............................................................................................ 77

18.80.100 Standards for Other Types of Temporary Commercial Signs ........................................ 79

18.80.110 Master Sign Program ..................................................................................................... 80

18.80.120 Minor Sign Adjustment ................................................................................................... 81

18.80.130 Major Sign Adjustment ................................................................................................... 81

18.80.140 Maintenance, Abandonment, and Obsolete Signs......................................................... 81

18.80.150 Enforcement ................................................................................................................... 82 CHAPTER 18.90 TREE PRESERVATION ................................................................................... 85

18.90.010 Purpose and Applicability ............................................................................................... 85

18.90.020 Definitions....................................................................................................................... 85

18.90.030 Permit Required.............................................................................................................. 86

18.90.040 Exemptions..................................................................................................................... 91

18.90.050 Preservation and Replacement Plan.............................................................................. 92

18.90.060 Performance Security..................................................................................................... 93

18.90.070 Heritage Trees................................................................................................................ 93

18.90.080 Conditions of Approval ................................................................................................... 94

18.90.090 Penalties......................................................................................................................... 94

18.90.100 Referral .......................................................................................................................... 94

18.90.110 Tree Removal Permit Expiration .................................................................................... 95

18.90.120 Appeals........................................................................................................................... 95 CHAPTER 18.95 WATER-EFFICIENT LANDSCAPING.............................................................. 97

18.95.010 Purpose and Applicability ............................................................................................... 97

18.95.020 Forms – Zoning Administrator Review ........................................................................... 98

18.95.030 Submittal Requirements ................................................................................................. 99 Item 10.1
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4 18.95.040 Water-Efficient Landscape Standards.......................................................................... 100

18.95.050 Landscape Plan Requirements .................................................................................... 100

18.95.060 Landscape Water Irrigation Audit................................................................................. 100

18.95.070 Certifications................................................................................................................. 101

18.95.080 Landscape and Irrigation Maintenance Schedule........................................................ 101

18.95.090 Provisions for Existing Landscaping ............................................................................ 102

18.95.100 Disclosures ................................................................................................................... 102

18.95.110 Fees.............................................................................................................................. 103

18.95.120 Irrigation Efficiency ....................................................................................................... 103

18.95.130 Reporting ...................................................................................................................... 103 CHAPTER 18.100 WIRELESS TELECOMMUNICATIONS ......................................................... 106

18.100.010 Purpose and Applicability........................................................................................... 106

18.100.020 Exemptions................................................................................................................. 106

18.100.030 Permits Required........................................................................................................ 108

18.100.040 Application Submittal Requirements .......................................................................... 110

18.100.050 Findings...................................................................................................................... 110

18.100.060 General Development Standards............................................................................... 111

18.100.070 Nonconforming Provisions ......................................................................................... 115

18.100.080 Exceptions.................................................................................................................. 115

18.100.090 Standard Conditions of Approval ............................................................................... 116

18.100.100 Conditions of Approval for Section 6409(a) Modifications ........................................ 120

18.100.110 Timing of Review........................................................................................................ 123

18.100.120 Peer Review ............................................................................................................... 123

18.100.130 Decision...................................................................................................................... 123

18.100.140 Revocation ................................................................................................................. 124

18.100.150 Appeal ........................................................................................................................ 124 Item 10.1
City Council Meeting Agenda - Page 1241 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.45 Revised Preliminary Draft – April 2025
5 Chapter 18.45
General Site and Development
Standards
Item 10.1
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6 Chapter 18.45 General Site and Development Standards
Sections

18.45.010 Purpose and Applicability

18.45.020 Development on Lots Divided by Zoning District Boundaries

18.45.030 Height Standards and Exceptions

18.45.040 Measurements

18.45.050 Refuse and Storage Areas

18.45.060 Relocated Structures

18.45.070 Traffic Safety Visibility Area

18.45.080 Structure Projections and Encroachments into Setbacks

18.45.090 Underground Utilities

18.45.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish reasonable and necessary standards for development in the City. These standards are established to ensure that Pleasant Hill develops in a manner that promotes efficient and orderly community growth. [Source: NEW] B. Applicability. The standards of this Chapter apply to all development projects in all zoning districts unless otherwise specified. [Source: NEW]

18.45.020 Development on Lots Divided by Zoning District Boundaries The regulations applicable to each zoning district shall be applied to the area within that zoning district.

No use other than parking serving a principal use on the site shall be located in a zoning district in which it is not a permitted or conditionally permitted use. Pedestrian or vehicle access from a right-ofway to a particular use on a property, must not pass through any area of the property that is zoned in a way that does not permit that use, either by right or with conditions. [Source: 18.50.040]

18.45.030 Height Standards and Exceptions
A. The following building features may exceed the maximum allowed height in a zoning district by eight feet with no discretionary review, if they do not cover more than 20 percent of the top floor roof area of the structure to which they are accessory: [Source: 18.50.040]

1. Tower

2. Spire

3. Cupola

4. Chimney

5. Elevator

6. Water tank
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7 7. Monument

8. Theater scenery loft, and

9. Similar structures and necessary mechanical apparatuses. [Source: 18.50.040] B. Measuring Building Height. The height of buildings is measured as provided in the Building Code as adopted by the City. [Source: 18.145.050.A]

1. Base Points. The height of a building is the vertical distance above the base point that yields the greater height of the building as described below and shown in Figure 18.45- 1 (Measuring Height): [Source: 18.145.050.A]
a. Base Point 1. The elevation of the highest adjoining sidewalk or existing grade within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or existing grade is not more than five feet above lowest grade. [Source: 18.145.050.A.1]
b. Base Point 2. The elevation that is five feet higher than the lowest grade when the sidewalk or existing grade described in Subparagraph 1.a of this Subsection is more than five feet above lowest grade. [Source:

18.145.050.A.2]
Figure 18.45-1
Measuring Height

2. Roof Types. See Figure 18.45-2 (Roof Types – Height Measurement). a. Flat Roofs. Height is measured to the top of the parapet. If there is no parapet, height is measured to the highest point of the roof. [Source: 18.145.050.A] b. Mansard Roofs. Height is measured to the deck line. [Source: 18.145.050.A] c. Pitched and Hipped Roofs. Height is measured to the average height of the highest gable that has a roof pitch of 12/12 or less. For roofs with a pitch steeper than 12/12, height is measured to the highest point. [Source:

18.145.050.A]
d. Other Roof Types. For other roof types (such as domed, vaulted, or pyramidal), height is measured to the highest point. [Source: 18.145.050.A] e. Stepped or Terraced Structures. The height is the maximum height of any segment of the building. [Source: 18.145.050.A]
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8 Figure 18.45-2
Roof Types – Height Measurement
C. The height of other structures, such as fences, shall be the vertical distance from the ground level immediately under the structure to the top of the structure, provided the ground level, when extended five feet from the structure, is equal to or higher than the elevation under the structure. Special height measurement provisions are as follows. [Source: 18.145.020.B]

1. Walls or Fences on Slopes. The height of walls or fences located on sloping ground shall be measured from the ground level on the higher side of the wall or fence for the purpose of determining compliance with maximum allowable height requirements. [Source: 18.145.020.B.1]

2. Retaining Walls and Fences. The height of retaining walls, and fences on top of retaining walls, shall be measured as a combined height of a retaining wall, fence, or screen from the ground level on the higher side of the combined wall, fence, or screen for the purpose of determining compliance with maximum allowable height requirements. [Source: 18.145.020.B.2]

3. Decks. Deck height shall be measured from the lowest existing grade where the deck meets the ground to the top of the floor of the deck. [Source: 18.145.020.B.3]

4. Accessory Structures. The height of accessory structures, such as sheds, detached garages, pergolas and trellises is the vertical distance from the ground level immediately under the structure to the highest point at the top of a structure. [Source:

18.145.020.B.4]

18.45.040 Measurements
This Section explains how various measurements referenced in this Zoning Ordinance are to be calculated. [Source: 18.145.010]
A. Fractions. When calculations for requirements that must be expressed as a whole number (i.e., housing units, trees) result in fractions, the results shall be rounded as follows: [Source:

18.145.020]

1. Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result shall be rounded up to the next whole number. For example, if a minimum requirement of one tree for every 30 feet is applied to a 50-foot strip, the resulting fraction of 1.37 is rounded up to two required trees. [Source:

18.145.020.A]
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9 2. Maximum Limits. When a regulation is expressed in terms of maximum limits, no rounding is to be done. The maximum limit cannot be exceeded by any whole or fractional number. For example, if a maximum limit of lot coverage is 30 percent, the maximum limit is 30 percent, no rounding down to 30 percent for fractions. [Source:

18.145.020.B]
B. Measuring Distances.

1. When determining distances for setbacks and structure dimensions, all distances shall be measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. Distances shall not be measured by following the topography of the land. See Figure 18.45-3 (Horizontal Plane Measurement). [Source: 18.145.030.A]
Figure 18.45-3
Horizontal Plane Measurement
Note: This figure is for representative purposes only. The point at which distance is measured from the building may vary based on the design of the structure.

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City Council Meeting Agenda - Page 1246 of 2120 - Monday, April 21, 2025 Chapter 18.45 General Site and Development Standards
10 Figure 18.45-4
Determination of Closest Distance

1. Measurements Involving a Building. Measurements involving a building are made to the closest wall of the structure Other features, such as covered porches and entrances, are included in the measurement except as specified in Section

18.45.040.C.4 (Accessory Structure Height) and Section 18.45.080 (Structure Projections and Encroachments into Setbacks). [Source: 18.145.030.D]

2. Measurements Involving an Accessory Structure. Measurements involving an accessory structure are made to and from, the furthest projection. [NEW]]

3. Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, shall be measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the arc of the driveway or traffic lane. See Figure

18.45-5 (Measuring Vehicle Stacking Areas). [Source: 18.145.030.C] Item 10.1
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11 Figure 18.45-5
Measuring Vehicle Stacking Areas

4. Underground Structures. Structures that are entirely underground are not included in measuring required distances. See Figure 18.45-6 (Underground Structures). [Source:

18.145.030.E]
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12 Figure 18.45-6
Underground Structures
C. Measuring Distances on Maps. Zoning district boundaries that are shown crossing lots are usually based on a topographic feature or a set measurement from a property line or topographic feature, such as the top of slope or the middle of stream. When zoning district boundaries are shown crossing properties with no clear indication of the basis for the line, exact distances are to be determined by scaling the distances from the zoning map, using the center of the zone line on the map. [Source: 18.145.040, modified] D. Measuring a Radius. The measured specified distance from a particular project shall be the required distance in a straight line, without regard to intervening structures or objects, from all points along the lot line of the proposed project [Source: 18.145.060]

18.45.050 Refuse and Storage Areas
A. A refuse storage area shall be screened on all sides by a six-foot high solid wood or masonry wall and include a solid roof, or located within a building, before occupancy for all uses other than a single-family residence or duplex. Locations, horizontal dimensions, and general design parameters of refuse storage areas shall be as prescribed by the Architectural Review Commission. [Source: 18.50.070]

18.45.060 Relocated Structures
An Architectural Review Permit and Minor Use Permit is required for relocation of any building except a single-family dwelling. The design of all relocated buildings shall be approved by the Architectural Review Commission to ensure compatibility with its surroundings in terms of architectural character, Item 10.1
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13 height and mass, and exterior appearance. See also Chapter 14.45 (House Moving) [Source:

18.50.080].

18.45.070 Traffic Safety Visibility Area
A. Purpose and Applicability. Development proposed adjacent to any public or private street, driveway, right-of-way easement, or alley intersection, shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety, free from vegetation, structures, signs, or other obstructions. [Source: NEW]
B. Measurement of the Traffic Safety Visibility Area. The traffic safety visibility area shall be measured as follows:

1. Intersections. On standard corner lots abutting a local street or alley, where the corner forms a 90-degree angle, the traffic safety visibility area shall be formed by a 90-degree triangle with two sides measuring 35 feet along both the front and side street curb lines, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. Figure 18.45-7 (Traffic Safety Visibility Area). [Source: 18.50.100.A]

2. Alleys, Driveways, and Right-of-Way Easements. On lots containing or abutting a lot containing an alley, driveway, or right-of-way easement, the traffic safety visibility area shall be formed by a 90-degree triangle with two sides measuring 15 feet (20 feet for non-single-family uses) along each side of the driveway and the street curb line abutting the roadway, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. See Figure 18.45-7 (Traffic Safety Visibility Area). [Source: Source: 18.55.130]

3. Irregular Corner Lots. For corner lots which are not flat, are irregularly shaped, or are adjacent to a collector street, arterial, or expressway, the City Engineer may impose a different standard in order to provide adequate visibility, comparable to that on a standard, lot where the corner forms a 90-degree angle. [Source: 18.50.100.A] C. Height Limit. No structure, sign, landscape element, or other obstruction shall exceed 30 inches in height above roadway curb level, or 36 inches above grade, within the traffic safety visibility area, unless approved by the City Engineer, except for trees with their canopy to a minimum of seven feet above grade. [Source: 18.50.100.A]
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City Council Meeting Agenda - Page 1250 of 2120 - Monday, April 21, 2025 Chapter 18.45 General Site and Development Standards
14 Figure 18.45-7
Traffic Safety Visibility Area

18.45.080 Structure Projections and Encroachments into Setbacks A projection into a required setback is allowed as follows: [Source: 18.50.020] A. Fireplace or chimney: 18 inches into a front, rear, or side setback; [Source: 18.50.020.A] B. Cornice (no vertical ground support or foundation), eave (no vertical ground support or foundation), mechanical equipment, and ornamental feature: Two feet into a front, rear, or side setback. [Source: 18.50.020.B]
C. Balcony, stairs, canopy, covered entryways and/or porches, or awning (none of which shall have vertical ground support or foundation, with the exception of stairs): Five feet into a front or rear setback, and two feet into a side setback. [Source: 18.50.020.C] D. Bay windows are allowed a projection of 30 inches into a front, rear, or side setback if all the following apply: [Source: 18.50.020.D]

1. The bay window(s) is installed on either a wall with a foundation or cantilevered and does not extend to the top of the wall; [Source: 18.50.020.D]

2. Does not exceed eight feet in width; and [Source: 18.50.020.D]

3. A minimum five-foot side setback is maintained. [Source: 18.50.020.D] E. Decks (attached or detached):

1. Decks shall not encroach into the minimum front or side setbacks requirements applicable to the primary structure. [Source: 18.50.020.E]

2. Decks may only encroach into the rear setback if the minimum rear setbacks established in Table 18.45-A (Minimum Rear Setbacks for Deck Encroachments) are maintained: [Source: 18.50.020.E]
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15 18.45.090 Underground Utilities
All electrical, telephone, cable television, and similar utility distribution lines providing direct service to, or running adjacent to, a development site shall be installed underground within the site and within any public right-of-way or public easement directly adjacent to the site subject to review and approval by the applicable review authority (Zoning Administrator, Planning Commission, Architectural Review Commission, or City Council) of the development project. [Source: 18.50.120] Table 18.45-A: Minimum Rear Setbacks for Deck Encroachments Deck height, measured from
finished grade
Minimum rear setback to be maintained
Below 6 inches None
6 to 18 inches 5 feet

18.1 to 36 inches 10 feet
Over 36 inches Minimum required rear setback for structures in the applicable zoning district
Item 10.1
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16 Chapter 18.50
Adult Businesses
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17 Chapter 18.50 Adult Businesses
Sections

18.50.010 Purpose and Applicability

18.50.020 Applicability to Other Regulations

18.50.030 Separation Requirements

18.50.040 Development and Operational Standards

18.50.050 Adult Use Development Permit Required

18.50.060 Conduct Constituting a Public Nuisance

18.50.070 Violations

18.50.010 Purpose and Applicability
A. The purpose of this Chapter is to provide development and operational standards which regulate the time, place, and manner of adult businesses, as defined in Part 6 (Definitions). [Source: 18.70.010]
B. Adult businesses are allowed in compliance with Part 2 (Zoning District Regulations and Development Standards) and the standards established in this Chapter. [Source: 18.70.030.A] C. The provisions of this Chapter shall apply to the establishment of any adult business, including the opening of a new adult business, the relocation of an existing adult business, or the conversion of an existing business to any adult business. [Source: 18.70.030.C]

18.50.020 Applicability to Other Regulations
The provisions of this Chapter are not intended to provide exclusive regulation of adult businesses.

Adult businesses shall comply with all applicable regulations of this Title, City ordinances, and State and Federal law. [Source: 18.70.150]

18.50.030 Separation Requirements
A. An adult business shall not be established within 1,000 feet of another adult business located either within or outside of City limits, or within the specified distance of the following uses or facilities located either within or outside of City limits: [Source: 18.70.030.B]

1. Within 500 feet of any residential General Plan land use designation. [Source:

18.70.030.B.1 and 18.70.030.B.4]

2. Within 800 feet of a General Plan school or park land use designation and any existing school or park facility. [Source: 18.70.030.B.2]

3. Within 800 feet of a place of assembly, as defined in Part 6 (Definitions).. [Source:

18.70.030.B.3]
B. Measurement of Distances.

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City Council Meeting Agenda - Page 1254 of 2120 - Monday, April 21, 2025 Chapter 18.50 Adult Businesses
18 1. Distances shall be measured in a straight line from the nearest exterior wall of the facility housing the adult business or proposed adult business to the nearest property line of a General Plan land use designation or land use listed in Subsection A. [Source:

18.70.030.B]

2. Exceptions. The method for measuring the distance referenced in Subsections B and C shall not apply when the location of the adult business or proposed adult business is separated from a residential, school, park General Plan land use designation, place of assembly, or other adult business by Interstate 680 (I-680). Where the I-680 separation exists, the following methods for measuring shall apply: [Source:

18.70.030.B.6]
a. Residential, Schools, or Parks General Plan Land Use Designations. Where an adult business or proposed adult business is separated from a residential, school, or park General Plan land use designation, the distance shall first be measured along a straight line extended between two points from the nearest exterior wall of the facility housing the adult business or proposed adult business to the closest improved pedestrian connection above or beneath I680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I-680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest property line included within the residential, school or park General Plan land use designation. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I680.[Source: 18.70.030.B.6] b. Places of Assembly and Other Adult Businesses. When an adult business or proposed adult business is separated from place of assembly or another adult business , the distance shall first be measured along a straight line extended between two points from the nearest exterior wall housing the adult business or proposed adult business to the closest improved pedestrian connection above or beneath I-680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest exterior wall of the other adult business or place of assembly. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I-680.N[Source:

18.70.030.B.7]
C. The distance requirements established in this Section shall also apply to similar General plan land use designations listed in Subsection B of abutting jurisdictions. [Source: 18.70.030.B.5]

18.50.040 Development and Operational Standards
A. Hours of Operation. It shall be unlawful for any adult business to operate or be open, between the hours of 10:00 p.m. and 10:00 a.m. of any day. [Source: 18.70.040.A] Item 10.1
City Council Meeting Agenda - Page 1255 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.50 Revised Preliminary Draft – April 2025
19 B. Lighting Requirements. All exterior areas of the adult business shall be illuminated at a minimum of 1.25 footcandles. Lighting fixtures shall be fully shieled, and light directed downward below the horizontal plane so as not to cast light onto adjacent properties. [Source:

18.70.040.B]
C. Access Provisions [Source: 18.70.040.C]

1. The operator shall not permit any doors on the premises to be locked during business hours.

2. The operator shall ensure that any room or area on the premises is readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer. [Source: 18.70.040.C]

3. Any material, adult-oriented merchandise, or activities depicting, describing, or relating to specified anatomical areas or specified sexual activities shall not be visible from any location outside the structure housing the adult business, including any display, decoration, sign, show window, door, or other opening. [Source: 18.70.040.C.2]

4. No exterior door or window on the premises shall be propped open or kept open at any time during hours of operation. [Source: 18.70.040.C.2]

5. All exterior windows shall be covered with opaque covering at all times. [Source:

18.70.040.C.2]
D. Signs. The adult business shall post in plain view inside the front portion of the business facility, in two-inch print, a sign directly citing California Penal Code Section 314. [Source: 18.70.040.D] E. Willful and Lewd Acts.

1. Every person who willfully and lewdly, either: (1) Exposes their person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or (2) Procures, counsels, or assists any person so as to expose himself or herself or take part in any model artist exhibition, or to make any other exhibition of himself or herself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor. [Source: 18.70.040.D]

2. Upon the second and each subsequent conviction under subsection (1) above, or upon a first conviction under subsection (1) above after a previous conviction under [California Penal Code] Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison. California Penal Code Section 314. [Source: 18.70.040.D]
F. Minors’ Access. [Source: 18.70.040.E]

1. X-Rated Movies. X-rated movies or videotapes shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays videos that have been rated “X” or rated “NC-17” by the motion picture rating industry (“MPAA”), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified Item 10.1
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20 sexual activities or specified anatomical areas, said videos shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited. [Source: 18.70.040.E.1]

2. Other Adult Materials. Access to adult materials shall be restricted to persons over 18 years of age. [Source: 18.70.040.E.2]
G. Arcade Viewing Area. Adult businesses with an arcade viewing area(s) shall comply with the following requirements: [Source: NEW]

1. It is unlawful to maintain any arcade booth or individual viewing area in which the entire viewing area(s) are not from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror, or other device that would prohibit a person from seeing into the viewing area from the main aisle.

2. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. Viewing area means any area in which a person views performances, pictures, movies, videos, or other presentations. [Source:

18.70.040.G]

3. It is unlawful for an arcade booth to be occupied by more than one patron at a time. [Source: 18.70.040.F]

4. It is unlawful to create, maintain, or allow holes or other openings between arcade booths or individual viewing areas. [Source: 18.70.040.F] H. Business License. A person shall not own, operate, manage, conduct, or maintain an adult business without first having obtained a Business License from the City of Pleasant Hill. The issuance or denial of the Business License shall be made within 15 days of the applicant’s submitted application. [Source: 18.70.040.H
I. On-site Manager. All adult businesses shall have an individual, who shall be at least 18 years of age, on the premises at all times to act as the on-site manager during hours of operation.

The on-site manager shall be registered with the Zoning Administrator by the business owner to receive all complaints and be responsible for all violations taking place on the premises. [Source: 18.70.040.I]
J. Security Measures. All adult businesses shall provide either a security system that visually records and monitors the exterior premises of the property, including all parking lot areas or uniformed security guards to patrol and monitor the exterior premises of the property, including the parking lot areas, during hours of operation. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by one and one-half feet. [Source: 18.70.040.I] K. Nude Entertainment Businesses. No nude entertainment business shall be allowed unless all the following requirements are met: [Source: 18.70.040.J]

1. No employee, owner, operator, responsible managing employee, manager, or permittee of a nude entertainment business shall allow any person upon the premises or within the confines of any nude entertainment business under the age of 18 years if Item 10.1
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21 no alcohol is served, or under the age of 21 years if alcohol is served. [Source:

18.70.040.J.1]

2. No owner, operator, responsible managing employee, manager, or permittee shall permit or allow any patron to approach within four feet of a nude entertainer, or allow a nude entertainer to approach within four feet of a patron. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s) [Source: 18.70.040.J.3]

3. All employees of nude entertainment businesses, other than nude entertainers while performing, shall wear an opaque covering which covers their specified anatomical areas while on the premises. [Source: 18.70.040.J.4]
L. Disposal of Adult-Oriented Merchandise and Materials. All adult-oriented merchandise and materials discarded by an adult business shall be fully contained within a locked garbage receptacle at all times. [Source: 18.70.040.K]

18.50.050 Adult Use Development Permit Required
All persons wishing to establish an adult business within the City shall apply for and receive an Adult Use Development Permit in compliance with this Title.. [Source: 18.70.050.A-C] A. It is the burden of the applicant to supply evidence to justify the grant of an adult use development permit. [Source: 18.70.050.B]
B. Any person desiring to operate or establish an adult business within the city shall file with the public works and community development department an adult use development permit application on a standard application form supplied by the public works and community development department. [Source: 18.70.050.C]

18.50.060 Conduct Constituting a Public Nuisance
The conduct of any business within the City found in violation of any of the terms of this Chapter is hereby declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts of law as may have jurisdiction to grant such relief as will abate or remove such adult use establishment and restrain and enjoin any person from conducting, operating or maintaining an adult use establishment contrary to the provisions of this Chapter. [Source: 18.70.160]

18.50.070 Violations
Any person who violates any section of this Chapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in accordance with the limits established in California Government Code Section 36901, as it may be amended from time to time, or any other legal remedy available to the City. [Source: 18.70.140]
Item 10.1
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22 Chapter 18.55
Cannabis
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23 Chapter 18.55 Cannabis
Sections

18.55.010 Personal Cultivation of Cannabis

18.55.020 Commercial Cannabis Uses

18.55.010 Personal Cultivation of Cannabis
Within the city of Pleasant Hill, the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana/cannabis is prohibited. Notwithstanding the foregoing, it is not a violation of this Section for an individual to cultivate, for their personal use, no more than six cannabis plants per residence, regardless of the number of individuals residing at the residence. Cultivation shall be subject to the following limitations: [Source: 18.50.140.A]
A. The individual cultivating the cannabis plants shall reside in a private residence located on the same lot as the plant(s). [Source: 18.50.140.A]
B. Cannabis plants may be cultivated either indoors or outdoors, or a combination of both indoors and outdoors, in compliance with the following standards. [Source: 18.50.140.A.1]

1. Outdoor Cultivation: [Source: 18.50.140.C]
a. No part of a plant shall be within five feet of any property line. [Source:

18.50.140.A.3.a]
b. All plants shall be kept within a locked space (e.g., enclosed within a locked gate). [Source: 18.50.140.A.3.b]

2. Indoor Cultivation: [Source: 18.50.140.A.4]
a. All accessory structures shall comply with the locational and other requirements established in Section 18.15.060 (Accessory Structure and Use:

Residential Districts) or Section 18.25.050 (Accessory Structure and Use:

Commercial, Office, and Industrial Districts) as applicable. [Source:

18.50.140.A.4.a]
b. Structures and equipment used for indoor cultivation, such as indoor grow lights, shall comply with all applicable building, electrical, and fire code regulations as adopted by the City. [Source: 18.50.140.A.4.b] c. The plants shall be kept in a locked space within a fully enclosed and secure structure. [Source: 18.50.140.A.4.c]
C. The plants shall not be visible from a public right-of-way, public space, or adjacent lot(s). [Source: 18.50.140.B]
D. Nothing in this Section is intended to preclude any landlord from limiting or prohibiting personal cultivation of marijuana/cannabis by tenants. [Source: 18.50.140.A.5] Item 10.1
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24 E. Nothing in this Section is intended to authorize commercial cultivation of marijuana/cannabis. [Source: 18.50.140.A.6]
F. Nothing in this Section is intended to authorize any public or private nuisance due to odor or as otherwise specified in Chapter 7.05 (Public Nuisances). [Source: 18.50.140.A.7]

18.55.020 Commercial Cannabis Uses
All commercial cannabis uses are prohibited in all zoning districts and overlay zoning districts unless one or more such uses is expressly and affirmatively authorized by this Code, except in the following instances: [Source: 18.50.140.B]
A. Conduct specified in Business and Professions Code Sections 26054(c) and (d), 26080(b), or 26090(e). [Source: 18.50.140.B.1]
B. Cannabis delivery originating from a cannabis retailer located outside of the City. [Source:

18.50.140.B.2]
C. The activities of an individual qualified patient or an individual primary caregiver that are exempt from State licensure in accordance with Business and Professions Code Section 26033, or a natural person’s personal use activities in accordance with Health and Safety Code Sections 11362.1 and 11362.2, applicable State law and this Code. [Source: 18.50.140.B.3] D. Cannabis temporary events, as provided under Business and Professions Code Section 26200, are prohibited in the city unless specifically authorized by separate resolution or ordinance of the City Council. [Source: 18.50.140.B.4]
Item 10.1
City Council Meeting Agenda - Page 1261 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.60 Revised Preliminary Draft – April 2025
25 Chapter 18.60
Creek Setbacks
Item 10.1
City Council Meeting Agenda - Page 1262 of 2120 - Monday, April 21, 2025 Chapter 18.60 Creek Setbacks
26 Chapter 18.60 Creek Setbacks
Sections

18.60.020 Setback Standards

18.60.030 Setback Exceptions

18.60.040 Additional Regulations

18.60.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to provide specific development standards for the areas immediately surrounding creeks as defined in Subsection B. [Source: NEW] B. Applicability. Creek setback areas shall apply to all creeks in the City as shown on the “City of Pleasant Hill Creek System” map, on file with the Public Works Division, regardless of whether the creek is located on a property owner’s lot. [Source: 18.50.150.B]

18.60.020 Setback Standards
A. Measurements. The creek setback area shall comply with the measurements established in Table 18.60-A and the following standards: [Source: NEW]

1. Creek Setback Area. The creek setback area is measured from the top of the creek bank based on the depth of the creek. [Source: 18.50.150.B]

2. Creek Depth. The depth of the creek bed is measured at its deepest point to a point level with the top of creek bank. [Source: 18.50.150.B]

3. Top of Creek Bank. The top of the creek bank is defined as the highest edge of the creek channel at the location where the structure, grading, or fill is proposed, as determined by the City Engineer . [Source: 18.50.150.B] Item 10.1
City Council Meeting Agenda - Page 1263 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.60 Revised Preliminary Draft – April 2025
27 Figure 18.60-1
Top of Bank
Table 18.60-A: Creek Setback Requirement
Depth Of Creek Creek Setback Area
Up to 5 feet 5 feet
Over 5 – 10 feet 10 feet
Over 10 – 15 feet 15 feet
Over 15 feet Subject to review by the City Engineer
B. No person may place a structure, perform grading, or place fill material in a creek setback area unless: [Source: 18.50.150.A]

1. The property is adjoining a concrete channel owned by a public agency; or [Source:

18.50.150.A.1]

2. The structure, grading, or fill was legally existing as of February 24, 2010. Such a structure, grading, or fill may be replaced within the same building footprint and without increasing the degree of nonconformity if the property owner obtains a Building Permit within 18 months without the requirement of a Use Permit under Section 18.190.030 (Nonconforming Structures); or [Source: 18.50.150.A.2]

3. The property qualifies for an exception under Section 18.60.030 (Setback Exceptions). [Source: 18.50.150.A.3]
C. For purposes of this Chapter, a structure does not include any of the following: [Source:

18.50.150.B]

1. Structures not attached to the ground or needing a foundation (i.e., play structure, doghouse, bench, table); [Source: 18.50.150.B]

2. A fence or wall not over seven feet high constructed with at least 75 percent of the fence or wall open to allow the passage of light and air; [Source: 18.50.150.B] Item 10.1
City Council Meeting Agenda - Page 1264 of 2120 - Monday, April 21, 2025 Chapter 18.60 Creek Setbacks
28 3. Flatwork (i.e., patio, walkway) less than three inches thick and not used to support another structure; [Source: 18.50.150.B]

4. Landscaping; [Source: 18.50.150.B]

5. Existing structures legally built before February 24, 2010; or [Source: 18.50.150.B]

6. Structures prohibited by other City, State, or Federal regulations as referenced in Section 18.60.040 (Additional Regulations). [Source: 18.50.150.B]

7. If any uncertainty exists, the Zoning Administrator shall determine whether or not a structure is regulated under this Chapter. [Source: 18.50.150.B]

18.60.030 Setback Exceptions
A. The City Engineer may approve an exception to creek setback standards established in Section

18.60.020 (Setback Standards) ministerially without noticing or public hearing if all the following criteria are met. An applicant who disagrees with the determination of the City Engineer may request a Zoning Administrator decision in compliance with Subsection B [Source:

18.50.150.C.1]

1. The property is not located in either a 100- or 500-year floodplain as shown on the most current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map; [Source: 18.50.150.C.1.a]

2. The property is not a “repetitive loss property” as defined by FEMA; [Source:

18.50.150.C.1.b]

3. The depth of the water in the creek during an average winter storm is less than two feet; and [Source: 18.50.150.C.1.c]

4. The creek channel has sufficient capacity to carry storm water without flooding adjacent properties in the event of a creek bank failure. [Source: 18.50.150.C.1.d] B. Zoning Administrator Decision Request. The Zoning Administrator may approve an exception to the creek setback standards established in Section 18.60.020 (Setback Standards), on the recommendation of the City Engineer, in compliance with the following procedure: [Source:

18.50.150.C.2]

1. Application. An applicant for a creek setback exception shall file an application with the Planning Division, together with the following information as determined by the City Engineer: [Source: 18.50.150.C.2.a, modified]
a. A topographical survey of the lot precisely showing the creek bed, creek bank, top of bank, and proposed and existing structures; [Source: 18.50.150.C.2.b.i] b. A soils report prepared by a licensed civil engineer specializing in soils analysis which describes the soils condition for the proposed structure and analyzes and makes recommendations as to the creek bank stability and erosion hazard; [Source: 18.50.150.C.2.b.ii]
c. Certification by the engineer who prepares the soils report that, in their professional opinion, there is no likelihood of a hazard to persons or property resulting from the proposed construction; and [Source: 18.50.150.C.2.b.iii] Item 10.1
City Council Meeting Agenda - Page 1265 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.60 Revised Preliminary Draft – April 2025
29 d. Structural calculations, hydraulic calculations, or other data as deemed necessary by the City Engineer. [Source: 18.50.150.C.2.b.iv]

2. Fee. Together with the application materials established in Subparagraph B.1, an applicant shall pay an application fee in an amount established in the most current Fee Schedule as approved by City Council. [Source: 18.50.150.C.2.a]

3. Public Hearing and Noticing. The Zoning Administrator shall hold a public hearing in accordance with Chapter 18.195 (Notice Requirements) within 30 days of receiving a completed application. [Source: 18.50.150.C.2.a]

4. Findings. The Zoning Administrator may approve an exception to the creek setback standards if they make all the following findings: [Source: 18.50.150.C.2.c.i] a. The proposed structure does not violate any other City, State, or Federal regulations as referenced in Section 18.60.040 (Additional Regulations); [Source: 18.50.150.C.2.c.i(A)]
b. The proposed structure is not likely to be detrimental to creek stability; and [Source: 18.50.150.C.2.c.i(B)]
c. The property is not located within a special flood hazard area as defined in Section 15.15.050 (Definitions) or if the property is located within a special flood hazard area, the proposed structure complies with the standards of construction in accordance with Chapter 15.15 (Flood Damage Prevention). [Source: 18.50.150.C.2.c.i(C)]

5. Conditions of Approval. In approving an exception to creek setback standards, the Zoning Administrator may impose conditions of approval deemed necessary for creekside erosion protection and on-site drainage, including the requirement that the property owner enter into an agreement holding the City and other public agencies harmless in the event of flood or erosion damage to any property. The agreement shall be in a form acceptable to the City Attorney, be recorded, and bind successors in interest. [Source: 18.50.150.C.2.c.ii]

6. Decision. The Zoning Administrator shall render a decision in writing within five working days of the close of the public hearing. [Source: 18.50.150.C.2.a]

7. Appeal. The decision of the Zoning Administrator may be appealed to the Planning Commission in compliance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.50.150.C.2.a]

18.60.040 Additional Regulations
Construction, development, or work within a creek setback area may also be subject to other regulations and guidelines which could result in a larger setback, including but not limited to: [Source:

18.50.150.D]
A. City Regulations. [Source: 18.50.150.D.1]

1. Required side or rear setbacks for structures and accessory structures in the underlying zoning district; [Source: 18.50.150.D.1.a]
Item 10.1
City Council Meeting Agenda - Page 1266 of 2120 - Monday, April 21, 2025 Chapter 18.60 Creek Setbacks
30 2. Design guidelines or standards adopted by the City Council; [Source: 18.50.150.D.1.b]

3. California Building Code under Title 14 (Buildings and Construction); [Source:

18.50.150.D.1.c]

4. Grading standards established in Chapter 15.10 (Grading); [Source: 18.50.150.D.1.d]

5. Requirements applicable in a special flood hazard area in compliance with Chapter

15.15 (Flood Damage Prevention); [Source: 18.50.150.D.1.e]

6. Erosion protection and water quality requirements in compliance with Chapter 15.05 (Stormwater Management and Discharge Control); and [Source: 18.50.150.D.1.f]

7. Mitigation measures under the California Environmental Quality Act (CEQA). [Source:

18.50.150.D.1.g]
B. Other Agency Requirements. [Source: 18.50.150.D.2]

1. California Department of Fish and Game. [Source: 18.50.150.D.2.a]

2. San Francisco Bay Regional Water Quality Control Board. [Source: 18.50.150.D.2.b]

3. U.S. Army Corps of Engineers. [Source: 18.50.150.D.2.c]

4. Federal Emergency Management Agency (FEMA). [Source: 18.50.150.D.2.d]

5. U.S. Fish and Wildlife Service. [Source: 18.50.150.D.2.e] Item 10.1
City Council Meeting Agenda - Page 1267 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.65 Revised Preliminary Draft – April 2025
31 Chapter 18.65
Fences, Walls, and Screening
Item 10.1
City Council Meeting Agenda - Page 1268 of 2120 - Monday, April 21, 2025 Chapter 18.65 Fences, Walls, and Screening
32 Chapter 18.65 Fences, Walls, and Screening
Sections

18.65.010 Purpose and Applicability

18.65.020 Permit Required

18.65.030 Height Limitations

18.65.040 Fence and Wall Standards

18.65.050 Screening of Mechanical Equipment

18.65.060 Swimming Pools and Hot Tubs

18.65.010 Purpose and Applicability
A. Purpose. This Chapter establishes the requirements for fences, walls, and other screening elements to minimize visual obstructions of scenic views and sunlight, provide adequate buffering and screening between different land uses and outdoor equipment, and ensure these elements are attractively designed. [NEW]
B. Applicability. The provisions of this Chapter apply to all fences, walls, and other screening elements except as otherwise provided for in this Chapter. [NEW]

18.65.020 Height Limitations
A. Maximum Height. The maximum height of a fence or wall (including a retaining wall) is six feet, except as provided below:

1. Required Front and Corner Side Setbacks. The maximum height of a fence or wall within a required front and corner side setbacks is three feet, unless otherwise specified.

2. When a Non-Residential setback abuts a Residential Zoning District, the setback shall be enclosed by a solid wood, concrete or masonry wall at least six feet in height, but no more than eight feet in height. [Source: 18.25.140]

3. Rear Property Line Setbacks. The maximum height of a fence or wall along the rear property line is eight feet when located on a lot with a rear property line abutting a public trail, canal, East Bay Municipal Utility District right-of-way, or public street. [Source: 18.25.140.A]
B. Fences on Retaining Walls. When a fence is placed on top of a retaining wall, the total height shall be measured as the combined height of the retaining wall and the fence from the higher side of the adjacent grade. A retaining wall is not included in the measurement if it is located so that its horizontal distance from the fence is equal to or greater than the height of the retaining wall. [Source: 18.25.140].

Item 10.1
City Council Meeting Agenda - Page 1269 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.65 Revised Preliminary Draft – April 2025
33 C. Traffic Safety Visibility Area. All fences, walls, hedges, and other screening elements are subject to the Traffic Safety Visibility Area requirements established in Section 18.45.080 (Traffic Safety Visibility Area). [Source: 18.25.140.C]

18.65.030 Fence and Wall Standards
A. Prohibition Across Easements. No fence or wall shall be constructed across or over any easement that would impede the use or access for its intended purpose.

B. Single-Family Residences on Corner Lots. A five-foot setback from the corner side property line is required for a wall or fence over three feet in height. See Figure 18.65-1 (Corner Lor and Key Lot Fence and Wall Standards). [Source: 18.20.040.I] C. Key Lots. Corner lots abutting a key lot shall maintain an unfenced triangular area measuring 12 feet on each side. See Figure 18.65-1 (Corner Lot and Key Lot Fence and Wall Standards). [Source: 18.20.040.I.1]
Figure 18.65-1
Corner Lot and Key Lot Fence and Wall Standards
D. Allowable Fence and Wall Materials. Fences and walls shall comply with the following material standards.

1. Residential Zoning Districts. Unless otherwise approved by the Zoning Administrator, fences and walls in residential zoning districts shall be constructed of masonry, wood, metal, or concrete Fences and walls in residential zoning districts shall also be Item 10.1
City Council Meeting Agenda - Page 1270 of 2120 - Monday, April 21, 2025 Chapter 18.65 Fences, Walls, and Screening
34 consistent and comply with the fence and wall standards established in the City Wide Residential Design Guidelines and Objective Design Standards. [NEW]

2. Nonresidential Zoning Districts. Unless otherwise approved by the Zoning Administrator, fences and walls in nonresidential zoning districts shall be consistent with the City-Wide Nonresidential Design Guidelines and be constructed of masonry, wood, concrete, vinyl, tubular steel, or wrought iron. Fences or walls abutting a residential zoning district, in accordance with Subparagraph A.2 of Section 18.65.020 (Height Limitations), shall be constructed of solid wood, concrete, or masonry. [Source:

18.25.140]
E. Fire Safe Fencing. In addition to the allowed fence and wall materials established in Subsection C of this Section, fences and walls attached to or within five feet of a structure or deck shall be made of non-combustible, fire resistant materials in compliance with all applicable Uniform Building Code requirements. [Source: NEW]
F. Prohibited Fence and Wall Materials. High voltage electrical fences, razor wire, barbed wire, and other materials which pose a safety hazard are strictly prohibited. [Source: 18.25.140.D]

18.65.040 Screening of Mechanical Equipment
A. General Requirement. Except as provided in Subsection B, all exterior mechanical equipment shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment is not required if the equipment is not visible from public views, subject to review and approval by the Zoning Administrator. [Source:

18.50.090.A]
B. Utility Meters. Utility meters shall be screened from view from public rights-of-way except when not allowed by a utility provider or when located on the interior side setback of a single-family dwelling. Utility meters do not need to be screened on top, unless otherwise directed by the Zoning Administrator. Utility meters in a required front setback or in a side setback of a corner lot shall be enclosed in subsurface vaults. [Source: 18.50.090.B] C. Materials. Screening materials shall be constructed of solid concrete, wood, or other opaque material and shall effectively screen mechanical equipment so no portion is visible from a public right-of-way or adjoining lot. Screening material may have evenly distributed openings or perforations not exceeding 25 percent of the surface area. [Source: 18.50.090.C]

18.65.050 Swimming Pools and Hot Tubs
A. Fencing. Swimming pools and hot tubs shall be fenced as required by the California Building Code. [Source: 18.20.110.A]
B. Setbacks.

1. In-ground swimming pools and hot tubs shall be, at a minimum, three feet from property lines and structures. Setbacks shall be measured from the exterior edge of the pool or hot tub. [Source: 18.20.110.B]
Item 10.1
City Council Meeting Agenda - Page 1271 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.65 Revised Preliminary Draft – April 2025
35 2. Above-ground swimming pools and hot tubs are subject to the setback requirements specified in Section 18.15.060 (Accessory Structure and Use: Residential Districts] [Source: 18.20.110.C]
Item 10.1
City Council Meeting Agenda - Page 1272 of 2120 - Monday, April 21, 2025 Chapter 18.70 Off-Street Parking and Loading
36 Chapter 18.70
Off-Street Parking and Loading
Item 10.1
City Council Meeting Agenda - Page 1273 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – April 2025
37 Chapter 18.70 Off-Street Parking and Loading
Sections

18.70.010 Purpose and Applicability

18.70.020 General Requirements for Off-Street Parking and Loading

18.70.030 Number of Spaces Required

18.70.040 Shared Parking Facilities

18.70.050 Reduced Parking for Single Uses

18.70.060 Parking Reductions Allowed Within Priority Development and Transit Uses

18.70.070 Minor Adjustments to Parking Design Standards

18.70.080 ADA Compliant Parking Spaces

18.70.090 Electric Vehicle (EV), Bicycle, and AlternativeTransportation

18.70.100 Parking Space and Drive Aisle Dimensions

18.70.110 Driveways and Site Access

18.70.120 Screening, Lighting, and Landscaping

18.70.130 Additional Design Standards for Parking Facilities

18.70.140 Location and Design of Off-Street Loading Spaces

18.70.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to ensure sufficient off-street parking and loading facilities are provided, consistent with demand and feasibility, for all new and existing uses, and that parking and loading facilities are designed to ensure efficiency, public safety, and insulate surrounding land uses from adverse impacts. [Source: 18.55.010, modified] B. Applicability. Every use and structure, including major alterations or expansions of a use or structure, shall provide off-street parking and loading facilities at the time of initial occupancy or construction in compliance with the regulations in this Chapter. [Source: 18.55.020.A]

1. For the purposes of this Chapter, a major alteration or expansion is considered:
a. A change of use classification that would increase the required number of parking spaces or loading spaces by 10 percent or more of the total required before the change; or
b. An increase in floor area that would increase the required number of parking spaces or loading berths by 10 percent or more of the total number required before the alteration or expansion. [Source: 18.55.020.A]

2. A change in occupancy is not considered a change in use unless the new occupant is a. or b. as noted above. [Source: 18.55.020.A]
Item 10.1
City Council Meeting Agenda - Page 1274 of 2120 - Monday, April 21, 2025 Chapter 18.70 Off-Street Parking and Loading
38 3. For any alteration or expansion of a parking or loading facility that does not increase the number of parking spaces or loading berths by 10 percent of the original total number required, only the altered or expanded portion of the parking or loading facility is required to comply with the standards established in this Chapter. [Source:

18.55.020.A]

18.70.020 General Requirements for Off-Street Parking and Loading A. Computation of Spaces Required. In calculating the number of required parking spaces or loading berths, if a fractional number is obtained, one parking space or loading berth shall be required for a fraction of more than one-half, and no space or berth shall be required for a fraction of one-half or less. [Source: 18.55.020.H]
B. Nonconforming Parking or Loading. No existing use or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this Chapter. Existing off-street parking and loading facilities shall not be reduced in number to less than that required by this Chapter. [Source: 18.55.020.B] C. Shared Parking. Off-street parking and loading facilities required by this Chapter for any use shall not be considered as providing parking spaces or loading berths for any other use except where the provisions of Section 18.70.040 (Shared Parking Facilities) apply or a joint facility exists. [Source: 18.55.020.E]
D. Location and Ownership. Parking required to serve a residential use shall be on the same site as the residence served. Parking required to serve a nonresidential use may be on a different site under the same or different ownership as the use served. The distance of nonresidential parking facilities from the use served shall be subject to review and approval by the Planning Commission. [Source: 18.55.020.F]
E. Common Loading Facilities. The off-street loading facilities requirements of this Chapter may be satisfied by the permanent allocation of the required number of berths for each use in a common truck loading facility, provided that the total number of berths shall not be less than the sum of the individual requirements. As a requirement of approval, a signed copy of a contract between the parties concerned setting forth an agreement to joint use of the common truck loading facility shall be filed with the application for a Zoning Permit in compliance with Chapter 18.160 (Zoning Permit). The City may record the contract. If the gross floor area of individual uses on the same site is less than that for which a loading berth would be required by this Chapter, but the aggregate gross floor area of all uses is greater than the minimum for which a loading berth would be required, the aggregate gross floor area shall be used in determining the required number of loading berths. [Source: 18.55.020.G] F. Land Banking. The Planning Commission may allow a portion of the required parking improvements to be deferred upon finding that all of the spaces are not needed immediately. [Source: 18.55.020.I]

18.70.030 Number of Spaces Required
A. Parking and Loading Requirements by Land Use. Except as provided in Subsection B, parking requirements shall comply with the following:

Item 10.1
City Council Meeting Agenda - Page 1275 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – April 2025
39 1. Each land use shall provide the number of off-street parking spaces or loading berths required by Table 18.70-__ (Off-Street Parking and Loading Requirements by Land Use) and Table 18.70-__ (Off Street Loading Spaces Required). Additional spaces or berths may be required or approved by the Zoning Administrator through a Use Permit in compliance with Chapter 18.145 (Use Permit). [Source: 18.55.030]

2. If a land use is not specifically listed in Table 18.70-__ (Off-Street Parking and Loading Requirements by Land Use) and/or requires approval of a Use Permit, the Zoning Administrator shall determine the probable use and the number of parking and loading spaces required based on the operational characteristics of the proposed use. To make this determination, the Zoning Administrator may require the submission of survey data or other applicable studies from the applicant or prepared at the applicant’s expense. [Source: 18.55.030]

3. Table 18.70-__ (Off-Street Loading Space Requirements) sets space requirements and standards for different groups of use classifications and sizes of buildings, which correspond with group numbers shown in the “Off-Street Loading Spaces” column in Table 18.70-__ (Off-Street Parking and Loading Requirements by Land Use).

References to spaces per square foot are to be calculated based on gross floor area, unless otherwise specified, and shall include allocations of shared restrooms, halls, and lobby areas, but shall exclude area for vertical circulation, stairs, or elevators. [Source: 18.55.030]
B. Parking Minimum Exception. In compliance with California Government Code Sections 65585 and 65863.2, qualifying projects shall be exempt from providing the number of parking spaces required by this Chapter when located within one-half miles of public transit, as defined in Part 6 Chapter 18.205 (Definitions). However, the City may impose, and enforce, minimum parking requirements if the City makes written findings, within 30 calendar days of receipt of a complete application, that not imposing the parking minimum required by this Chapter would have substantially negative impacts on the City’s ability to meet its share of specified housing needs of existing residential or commercial parking within one-half mile of housing development. [Source: NEW, State legislation]
C. Parking and Loading Requirements for Alterations or Expansions. The number of parking spaces or loading berths required for an alteration or expansion of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces or berths existing before the alteration, expansion, or change of occupancy unless the preexisting number is greater than the minimum number listed in Table 18.70-A (Off-Street Parking and Loading Requirements by Land Use). In this case, the number of spaces or berths in excess of the required minimum shall be counted in determining the additional required number of spaces or berths. [Source: 18.55.020.C]
D. Multi-Use Sites. If more than one use is located on a site, the number of off-street parking spaces and loading berths to be provided shall be equal to the sum of the requirements prescribed for each use, except in shopping centers where only the standards for the Shopping Center use classification in Table 18.70-A (Off-Street Parking and Loading Requirements by Land Use) shall apply. [Source: 18.55.020.D]
Item 10.1
City Council Meeting Agenda - Page 1276 of 2120 - Monday, April 21, 2025 Chapter 18.70 Off-Street Parking and Loading
40 Table 18.70-__: Off-Street Parking and Loading Requirements by Land Use Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Group Number
Residential
Accessory Dwelling Unit See Section 18.__.__ (Accessory Dwelling Units).
-
Bed and Breakfast 1 per guest bedroom, plus 2 for
the primary dwelling unit.
-
Community Care Facility, Small
(up to 6 persons)
See applicable single-family
residential parking requirements
-
Emergency Shelter 1 per every 2 employees. Within
other zoning districts, parking shall
be as specified by Use Permit.
-
Family Day Care Home See applicable single-family or
multi-family residential parking
requirements.
-
Group Residential 1 per sleeping room; or 1 per 200
sq. ft. used for assembly purposes
or common sleeping areas.
-
Multi-Family Residential 1.25 per studio; 1.5 per 1-bedroom unit of which 1 shall be covered; or
2 per 2-bedroom or larger unit of
which 1 shall be covered; plus 1
guest parking space for every 4
units.
-
Senior Housing 1 per dwelling unit. -
Single-Family Residential 2 spaces per dwelling unit both of which shall be fully enclosed.
-
Single-Room Occupancy (SRO) See applicable group residential parking requirements
-
Public and Semipublic
Community Care Facility, Large (7
or more persons)
1 per 3 beds, plus 1 for each
employee during peak hours of
operation, plus 1 visitor parking
space per 4 residents unless
otherwise specified by Use Permit.
3 Cultural Institution 1 per 300 sq. ft. gross floor area. 3 Day Care Facility As specified by Use Permit
See Paragraph C.2 of Section

18.70.110
-
Emergency Medical Care 1 per 200 sq. ft. -
Government Office 1 per 250 sq. ft. 2
Maintenance and Service Facility 1 per 500 sq. ft., plus 1 per 500 sq. ft. of outdoor storage area.
1 Park and Recreation Facility As specified by the Zoning Administrator.
-
Place of Assembly (club, lodge,
place of worship)
1 per 4 fixed seats, or 1 per 100
sq. ft. used for assembly
purposes, whichever is greater.
3 Public Safety Facility As specified by the Use Permit. 3 Offender Rehabilitation Service As specified by the Use Permit. - School, Public or Private 1 for each employee; plus 1 for every 100 sq. ft. of classroom.

See Paragraph C.2 of Section

18.70.110
1 Item 10.1
City Council Meeting Agenda - Page 1277 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – April 2025
41 Table 18.70-__: Off-Street Parking and Loading Requirements by Land Use Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Group Number
Utilities, Major As specified by the Use Permit. 1
Commercial
Adult Business 1 per 250 sq. ft. 1
Ambulance Service 1 per 500 sq. ft., plus 2 storage
spaces.
1 Animal Sales and Service:

Animal Boarding or Grooming;
Animal Hospital
1 per 400 sq. ft. 1
Animal Day Care 1 per 400 sq. ft. of indoor space
Animals, Retail Sales 1 per 250 sq. ft. 1
Riding Academy As specified by the Zoning
Administrator.
-
Artists’ Studio 1 per 1,000 sq. ft. 1
Automobile Maintenance, Limited 2 per service bay plus queue for 2 cars per bay.

Automobile Service Stations 3 per service bay plus 1 per each employee.
-
Automobile, Vehicle/Equipment
Broker
1 per 300 sq. ft., but not to exceed
1 per 250 sq. ft.
-
Automobile, Vehicle/Equipment
Repair
4 per service bay or 1 per 225 sq.
ft., whichever is greater.
-
Automobile, Vehicle/Equipment
Sales and Rental
1 per 250 sq. ft. of office and
ancillary meeting spaces; plus 1
per 1,000 sq. ft. of indoor product
sales and display areas; plus 1 per
1,000 sq. ft. of outdoor sales and
product display areas; plus 2
spaces per service bay for any
accessory service, repair and
maintenance facilities. Parking lot
design standards (Section

18.55.080 through 18.55.170)
shall apply to employee and
customer parking and loading
areas only.
1 Automobile, Vehicle/Equipment
Wholesaler
1 per 400 sq. ft. 1
Automobile Washing 1 per 200 sq. ft. of sales, office, or lounge area; plus queue for 5 cars
per washing station.
-
Financial Institution 1 per 250 sq. ft. 2
Drive-up Service Queue space for 5 cars per teller. -
Building Materials and Services 1 per 400 sq. ft.; plus 1 per 500 sq. ft. of outdoor storage area.
1 Catering Services 1 per 400 sq. ft. 1
Commercial Recreation and Entertainment:

Bowling Alley 6 per lane. -
Electronic Game Center 1 per 400 sq. ft. -
Skating Rink 1 per 5 fixed seats, or 1 per 35 sq.
ft. seating area if there are no
fixed seats; plus 1 per 250 sq. ft.
floor area not used for seating.
-
Billiards/Pool Hall 2 per table, 1 per employee. -
Item 10.1
City Council Meeting Agenda - Page 1278 of 2120 - Monday, April 21, 2025 Chapter 18.70 Off-Street Parking and Loading
42 Table 18.70-__: Off-Street Parking and Loading Requirements by Land Use Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Group Number
Tennis and Racquetball Clubs 4 per court. 1
Other Commercial Recreation As specified by the Zoning
Administrator.
-
Communications Facilities 1 per 500 sq. ft. 2
Eating and Drinking 1 per 100 sq. ft. gross area; plus
queue space as determined by the
Zoning Administrator for drivethrough service.
1 For Uses with Take-Out Service
Only
1 per 50 sq. ft. gross area; plus
queue space as determined by the
Zoning Administrator for drivethrough service.
1 With Outdoor Seating No additional spaces for the first 12 seats; 1 additional space per 3
seats for more than 12 seats
except within the Downtown
Specific Plan area where parking
requirements for outdoor seating
shall be as specified by the Zoning
Administrator or Planning
Commission.
-
Equipment and Appliance
Maintenance and Repair Service
1 per 400 sq. ft.; plus 1 per 500
sq. ft. of outdoor storage area.
1 Fitness Studio 1 per 250 sq. ft. -
Food and Beverage Sales 1 per 250 sq. ft. 1
Funeral and Interment Services 1 per 50 sq. ft. seating area. 1 Horticulture, Limited 1 per 2 acres. -
Hotel and Motel 1 per guest room plus 1 per 50 sq.
ft. banquet seating area.
-
Laboratory, General 1 per 500 sq. ft. 1
Laboratory, Medical and Dental 1 per 200 sq. ft. 1
Live Entertainment (all types
except karaoke)
As specified by the Zoning
Administrator.
-
Karaoke 1 per 4 karaoke seats, 1 per
employee.

Maintenance Services
Establishment
1 per 500 sq. ft. 1
Nursery 1 per 500 sq. ft. of outside display
lathe house area, plus 1 per 250
sq. ft. gross floor area.
-
Office, General 1 per 300 sq. ft. but not to exceed
1 per 250 sq. ft.
2 Office, Medical and Dental 1 per 200 sq. ft. -
Pawn Shop 1 per 250 sq. ft. 1
Personal Improvement Services As specified by the Use Permit - Dance or Music Studio 1 per 600 sq. ft. -
Personal Service 1 per 250 sq. ft. 1
Pharmacy 1 per 250 sq. ft. 1
Research and Development
Services
1 per 400 sq. ft. -
Retail Sales Not Otherwise Listed
in this Table
1 per 250 sq. ft. 1
Item 10.1
City Council Meeting Agenda - Page 1279 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – April 2025
43 18.70.040 Shared Parking Facilities
A. Reduction of Parking for Shared Use. Shared parking facilities serving more than one use on a site or serving more than one property may apply for a reduction in the total number of parking or loading spaces required by this Chapter through a Use Permit in compliance with Chapter

18.145 (Use Permit). No use shall be continued if the on-site or off-site parking is removed unless substitute parking facilities are provided. The Use Permit for reduced parking requirements for shared parking facilities may be required to include: [Source: 18.55.040.A]

1. Survey data substantiating a request for reduced parking requirements, at the expense and responsibility of the applicant.

Table 18.70-__: Off-Street Parking and Loading Requirements by Land Use Use Classification Off-Street Parking Spaces Off-Street Loading Spaces: Group Number
Furniture/Appliance Sales,
(household equipment store)
1 per 400 sq. ft. 1
Shopping Center 1 per 250 sq. ft. 3
Theater 1 per 4 fixed seats, or 1 per 40 sq.
ft. seating area if there are no
fixed seats.
1 Vehicle Storage Facilities 1 per 500 sq. ft. (in addition to parking for the vehicles stored on
site as part of this use).
-
Travel Service 1 per 300 sq. ft. -
Industrial
Fuel Storage and Distribution As specified by the Use Permit. - Industry, Custom and General 1 per 1,000 sq. ft. 1
Industry, Limited 1 per 750 sq. ft. 1
Industry, Research and
Development
1 per 500 sq. ft. -
Warehousing and Storage, Limited 1 per 1,000 sq. ft. 2
Wholesale Distribution and
Storage
1 per 800 sq. ft. 2
Table 18.70-B: Off-Street Loading Space Requirements
Gross Floor Area (sq. ft.) 10' x 20' x 10' 12' x 25' x 14' Use Classification Group 1
0 to 3,000 0 0
3,001 to 15,000 1 0
15,001 to 50,000 2 0
50,001 and over 3 0
Use Classification Group 2
0 to 10,000 1 0
10,001 to 20,000 1 1
20,001 and over 1 1
Use Classification Group 3
0 to 30,000 0 1
30,001 to 100,000 0 2
100,000 and over 0 3
Item 10.1
City Council Meeting Agenda - Page 1280 of 2120 - Monday, April 21, 2025 Chapter 18.70 Off-Street Parking and Loading
44 2. Description of the limits of any area subject to reduced parking requirements and the reduction applicable to each use.

B. Findings. A Use Permit for shared off-street parking facilities may allow a reduction of the total number of spaces required by this Chapter if the following findings are made: [Source:

18.55.040.B]

1. The spaces to be provided will be available as long as the uses requiring the spaces are in operation; [Source: 18.55.040.B.1]

2. The peak hours of parking demand from all uses do not coincide so that peak demand is greater than the parking provided; [Source: 18.55.040.B.2]

3. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if collective parking is not provided; and [Source:

18.55.040.B.3]

4. A written agreement exists between the landowner(s) and the City, in a form satisfactory to the City Attorney, that includes all the following: [Source: 18.55.040.B.4] a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking; [Source: 18.55.040.B.4.a] b. A guarantee among the landowner(s) for access to and use of the shared parking facilities in perpetuity. However, if the landowner providing the shared parking facility is a public agency, then the minimum required time period for the agreement shall be established by mutual consent of the City and the applicable public agency; [Source: 18.55.040.B.4.b]
c. A provision that the City may require parking facilities in addition to those originally approved upon a finding by the Planning Commission that adequate parking to serve the use(s) has not been provided; [Source: 18.55.040.B.4.c] d. A provision stating that:
i. The Planning Commission may, for due cause and upon notice and hearing, unilaterally terminate the agreement at any time; and ii. The Zoning Administrator may terminate the agreement upon finding that substitute parking facilities meeting the requirements of this section are provided; and [Source: 18.55.040.B.4.d]
e. A provision that the agreement will be recorded in the County Recorder’s Office upon issuance of the Use Permit. [Source: 18.55.040.B.4.e]

18.70.050 Reduced Parking for Use Classifications
A. An applicant may request a reduction in the number of parking spaces required in this Chapter by submitting an application for a Use Permit with the Planning Division in compliance with Chapter 18.145 (Use Permit).

B. Maximum Allowable Reduction. The Zoning Administrator may approve a Use Permit for up to a 10 percent reduction in the number of parking spaces required under this Chapter, and the Item 10.1
City Council Meeting Agenda - Page 1281 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – April 2025
45 Planning Commission may approve a Use Permit for more than a 10 percent reduction in the number of parking spaces required under this Chapter to less than the number specified Table

18.70-A (Off-Street Parking and Loading Requirements by Land Use) and Table 18.70-B (OffStreet Loading Space Requirements), provided that the following findings are made: [Source:

18.55.050]

1. The parking demand will be less than the requirement in Table 18.70-A (Off-Street Parking and Loading Requirements by Land Use) and Table 18.70-B (Off-Street Loading Space Requirements); and [Source: 18.55.050.A]

2. The probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand. [Source: 18.55.050.B] C. In reaching a decision, the Zoning Administrator or Planning Commission shall consider parking survey data, parking analysis or any other technical information, submitted by an applicant or collected at the applicant’s request and expense. The Use Permit issued in compliance with this Section shall be recorded in the County Recorder’s Office. [Source:

18.55.050]

18.70.060 Parking Reductions Allowed Within Priority Development and Transit Uses
A project site within a priority development area (designated by the Association of Bay Area Governments, “ABAG”) or within a quarter-mile of a regional transit hub (BART station or transit center) is allowed to have up to a 15 percent reduction in the number of spaces required under this Chapter as determined by the Zoning Administrator. This parking reduction does not apply to single-family residential developments. [Source: 18.55.180]

18.70.070 Minor Adjustments to Parking Design Standards A. The Zoning Administrator may approve an adjustment of up to 20 percent from the parking design standards in Subsections C and D of Section 18.70.020 (General Requirements), Section 18.70.040 (Shared Parking Facilities), and Section 18.70.090 (Electric Vehicle, Bicycle, and Non-Automobile Modes of Transportation) through 18.70.130 (Additional Design Standards for Parking Facilities), and/or use of an alternative driveway surface material, by approval of a Zoning Permit. [Source: 18.55.190.A]
B. The Planning Commission may approve a Use Permit for adjustments of greater than 20 percent from the parking standards listed in Subsection A. [Source: 18.55.190.B] C. Findings. Before approval of an adjustment, the Zoning Administrator or Planning Commission shall make the following findings: [Source: 18.55.190.C]

1. The adjustment is consistent with the intent of the Zoning Ordinance; [Source:

18.55.190.C.1]

2. The adjustment will not adversely affect adjacent properties; [Source: 18.55.190.C.2]

3. The adjustment is necessary due to practical difficulties involved in the strict application of Zoning Ordinance standards; and [Source: 18.55.190.C.3] Item 10.1
City Council Meeting Agenda - Page 1282 of 2120 - Monday, April 21, 2025 Chapter 18.70 Off-Street Parking and Loading
46 4. For an adjustment of 20 percent or more, the Planning Commission shall also make Use Permit findings under Chapter 18.145 (Use Permit). [Source: 18.55.190.C.4]

18.70.080 ADA Compliant Parking Spaces
All parking facilities shall comply with the requirements of the California Code of Regulations (Chapter 24, Part 2, Division 2-71) and with the sign requirements of California Vehicle Code section 22507.8.

Parking lot modifications required to comply with these requirements shall be allowed, including reduction in required parking spaces or modification to provisions contained in this Chapter, subject to review and approval of the City Engineer and Zoning Administrator. [Source: 18.55.060]

18.70.090 Electric Vehicle (EV), Bicycle, and Alternative Transportation A. Electric Vehicle (EV) Parking [Source: 18.55.070.A]

1. CALGreen Building Code Compliance. All EV parking spaces provided within any zoning district shall comply with the standards and requirements established in the California Green Building Standards Code (CALGreen), as amended, in addition to the standards established in this Section.

2. All Other Use Classifications. New developments in all use classifications other than commercial uses shall provide the number of EV parking spaces (including charging station) as specified by the issued Architectural Review Permit, Use Permit, or Development Plan Permit. [Source: 18.55.070.A.2]

3. Development Regulations. All EV parking spaces shall follow the development regulations established in Chapter 14.75 (Electric Vehicle Charging Systems – Streamlined Permitting). [Source: 18.55.070.A.3]
B. Bicycle Parking. Bicycle parking spaces shall be provided in every zoning district as required by this Subsection. [Source: 18.55.070.B]

1. Public and Semipublic Use Classifications. As specified by Use Permit. [Source:

18.55.070.C.1]

2. Commercial Use Classifications. Each development shall provide at least one bicycle space plus the equivalent of five percent of the requirement for automobile parking spaces. [Source: 18.55.070.C.2]

3. Residential Use Classifications.
a. Single-Family Residential. Single-family residential developments do not require bicycle parking spaces. [Source: NEW]
b. Multi-Family Residential. Each development shall provide at least one bicycle parking space for every 5 required automobile parking spaces, with a minimum of one bicycle parking space per development. [Source: 18.55.070.C.3] C. Design Requirements. Each bicycle parking space shall provide a stationary object to which a user can secure both wheels and the frame of a bicycle with a six-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket. The following alternative facilities may be provided, subject to approval of the Zoning Administrator:
[Source: 18.55.070.D]
Item 10.1
City Council Meeting Agenda - Page 1283 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – April 2025
47 1. An enclosed bicycle locker; or [Source: 18.55.070.D.1]

2. A three-point bicycle rack which secures both wheels and the frame; or [Source:

18.55.070.D.2]

3. A fenced, covered, locked, or guarded bicycle storage area. All bicycle units within the storage area shall measure, at minimum, 36 inches in width, 42 inches in height, and 72 inches Prin length to fit the average bicycle dimensions. [Source: 18.55.070.D.3] D. Motorcycle Parking Spaces. Commercial, office, or industrial uses more than 10,000 square feet in size shall designate at least one standard motorcycle parking space that meets all the following standards. [Source: 18.55.070.E]

1. The entrance of the space shall consist of concrete wheel stops affixed to a foundation by epoxy cement and results in a two-foot separation to provide access from the aisle or driveway. [Source: 18.55.070.E]
E. Alternative Transportation Amenities. In addition to the other standards required in this Chapter, new developments consisting of more than 10 housing units or over 5,000 square feet of nonresidential uses shall include amenities that encourage alternative and/or active modes of transportation that reduce pollution or vehicle miles traveled (VMT) as a benefit to the community (i.e., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations, innovative bus shelter designs). The requirements of this Subsection are subject to approval by the Zoning Administrator on a recommendation from the City Engineer [Source: 18.55.070.F]

18.70.100 Parking Space and Drive Aisle Dimensions
A. Parking Space and Lot Dimensions. Covered and uncovered parking spaces shall comply with the following parking space dimension requirements.

1. General Requirements. Minimum parking dimensions are established in Table 18.70- __ (Minimum Parking Space Dimensions). [Source: 18.55.080] Table 18.70__: Minimum Parking Space Dimensions
Land Use Type of Space Width x Length in Feet
Standard Space Compact Space
Residential Spaces in a garage or
carport
Uncovered 8.5 x 19 8 x 16
Nonresidential Perpendicular 8.5 x 19 8 x 16
All Parallel space 9 x 23 8 x 20

2. Residential Garages. A new garage or alteration to an existing garage in a residential zoning district shall conform to the following minimum dimensions: [Source:

18.55.150.B]
a. Single-car garage (internal dimensions): 10 feet by 22 feet with a nine-foot door opening. [Source: 18.55.150.B.1]
Item 10.1
City Council Meeting Agenda - Page 1284 of 2120 - Monday, April 21, 2025 Chapter 18.70 Off-Street Parking and Loading
48 b. Double-car garage (internal dimensions): 20 feet by 22 feet with a one 16-foot door opening or two, nine-foot door openings. [Source: 18.55.150.B.2] c. Any garage structure with the garage door or driveway facing a property line shall be set back a minimum of 20 feet from that property line and/or from a private vehicular access easement. [Source: 18.55.150.D] d. No interior door shall open into a garage space unless the door fully opens without encroaching into the above specified areas. A preexisting garage that does not meet these dimensional requirements is not deemed a nonconforming use solely because of this nonconformity in accordance with Section 18.190.040 (Nonconforming Uses). [Source: 18.55.150.B.2]

3. Residential Carports. Each single carport shall measure nine feet by 19 feet. The width of the carport is measured from the inside face of the support to the inside face of the opposite support. The carport roof shall cover the entire 19-foot length of the space. [Source: 18.55.150.C]

4. Compact Parking Spaces. Compact car spaces may be provided as follows. [Source:

NEW]
a. Maximum Number of Spaces.
i. Residential Uses. Up to 50 percent of required guest parking spaces may be compact spaces. No required resident parking spaces shall be compact spaces. . [Source: 18.55.190.A]
ii. Nonresidential Uses. Up to 50 percent of required parking spaces may be compact spaces. [Source: 18.55.190.A]
b. Markings. Each compact parking spaces shall be clearly marked in letters reading “Compact” or “Compact Only”. [Source: 18.55.190.A] B. Relation to Parking Aisles. In addition to the parking space dimensions established in Table

18.70-__ (Minimum Parking Space Dimensions), all parking spaces shall comply with the following standards in relation to parking aisles. [Source: 18.55.190.B

1. Obstructions.
a. Any parking space adjoining a wall, column, or other obstruction with a height measuring more than six inches shall be increased by two feet on each obstructed side. See Figure 18.70-__ (Parking Spaces Adjoining Walls, Columns, and Other Obstructions).
b. If the obstruction does not abut the required aisle, the two-foot increase may be reduced by three inches for each one foot of unobstructed distance between the edge of a required aisle to the obstruction, measured parallel to the depth of the parking space. [Source: 18.55.190.B.1, modified] Item 10.1
City Council Meeting Agenda - Page 1285 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – April 2025
49 Figure 18.70-__
Parking Spaces Adjoining Walls, Columns, and Other Obstructions

2. The driveway aisle providing access to the parking spaces from the street shall extend two feet beyond the end of the last parking space to allow for adequate vehicle movement. [Source: 18.55.190.B.2, modified]
C. Vertical Clearance. In covered parking areas, the vertical clearance for parking spaces shall be a minimum of seven feet. The following exceptions apply:

1. An entrance into a parking area may have a vertical clearance of 80 inches.

2. The vertical clearance of the front five feet of a parking space serving a residential use may be four and one-half feet. A sign prohibiting reverse parking shall be posted at the parking space. [Source: 18.55.190.C, modified]
D. Wheel Stops. Wheel stops shall be required at all parking stalls where the end of the stall is less than two and one-half feet from a fence, wall, pedestrian walkway, tree, other vertical obstruction, or landscape area not protected by a vertical curb. This requirement can be waived or adjusted at the discretion of the City Engineer. When a parking space abuts a landscaped planter less than six inches high, the front two feet of the required length for a parking space may extend into the planter.[Source: 18.55.190.D]
A. Aisle widths adjoining parking spaces shall be in compliance with Table 18.70-__ (Minimum Parking Aisle Dimensions). [Source: 18.55.100.A]
Item 10.1
City Council Meeting Agenda - Page 1286 of 2120 - Monday, April 21, 2025 Chapter 18.70 Off-Street Parking and Loading
50 18.70.110 Driveways and Site Access
A. Driveway Dimension Requirements. All driveways shall comply with the following dimensional requirements:

1. Driveway Width. Driveways shall comply with the following minimum widths based on the number of parking spaces. All driveway widths shall be measured at the gutterline.

Table 18.70-__: Minimum Parking Aisle Dimensions
Angle of
Parking
Parallel 20° 30° 40° 45° 50° 60° 70° 80° 90°
A. Curb
length
per
car
All 20′ 0′′ 22′
10′′
16′ 2′′ 12′ 8′′ 11′ 6′′ 10′ 9′′ 9′ 7′′ 8′ 10′′ 8′ 7′′ 8′ 6′′ B. Stall
depth
Small 8′6 ′′ 12′ 6′′ 14′ 6′′ 16′ 0′′ 16′ 8′′ 17′ 0′′ 17′ 7′′ 17′ 7′′ 17′ 1′′ 16′ 0′′ Large 9′ 0′′ 15′ 0′′ 17′ 4′′ 19′ 2′′ 19′
10′′
20′ 5′′ 21′ 0′′ 21′ 0′′ 20′ 5′′ 19′ 0′′
C. Aisle
width
All 12′ 6′′ 12′ 0′′ 12′ 0′′ 12′ 0′′ 13′ 0′′ 15′ 0′′ 18′ 0′′ 20′ 0′′ 25′ 0′′ 25′ 0′′ D. Depth
of two
stalls
Small – 18′ 0′′ 22′ 6′′ 26′ 4′′ 28′ 1′′ 31′ 3′′ 31′ 5′′ 32′ 8′′ 32′ 10′′
32′ 0′′
Large – 21′ 5′′ 26′
10′′
31′ 4′′ 33′ 2′′ 34′
11′′
37′ 5′′ 38′ 9′′ 39′ 0′′ 38′ 0′′
E. Depth
of two
stalls
plus
aisle
Small 27′ 0′′ 36′ 0′′ 40′ 0′′ 44′ 0′′ 46′ 4′′ 49′ 0′′ 53′ 2′′ 54′ 2′′ 58′ 2′′ 56′ 0′′ Large 30′ 0′′ 42′ 0′′ 46′ 8′′ 50′ 4′′ 53′ 8′′ 55′
10′′
60′ 0′′ 62′ 0′′ 65′ 8′′ 63′ 0′′
Item 10.1
City Council Meeting Agenda - Page 1287 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – April 2025
51 a. Residential Use (up to three spaces). Residential uses requiring up to three parking spaces shall have a driveway measuring at least 10 feet. [Source:

18.55.120.A]
b. Residential Use (four or more spaces). Residential uses requiring four or more parking spaces shall have a one-way driveway measuring at least 12 feet or a two-way driveway measuring at least 20 feet. [Source: 18.55.120.B] c. Nonresidential Use (less than 25 spaces). Nonresidential uses requiring less than 25 parking spaces shall have a one-way driveway measuring at least 12 feet or a two-way driveway measuring at least 20 feet. [Source: 18.55.120.C] d. Nonresidential Use (25 or more spaces). Nonresidential uses requiring less than 25 parking spaces shall have a one-way driveway measuring at least 15 feet or a two-way driveway measuring at least 26 feet. [Source:

18.55.120.C]

2. A new driveway shall not be placed on an arterial street unless other alternatives are unavailable and subject to review and approval of the City Engineer. [Source:

18.55.150.A]

3. Vertical Obstruction Clearance. All driveways shall have an additional clearance of at least one-foot on each side of a vertical obstruction exceeding one-half foot in height. [Source: 18.55.120]

4. Multiple Driveways.
a. Number of Driveways.
i. Property with less than 200 feet of frontage on an arterial street is limited to one driveway. [Source: 18.55.110.A]
ii. Property with 200 feet or more of frontage is limited to two driveways. [Source: 18.55.110.A]
iii. Joint use of driveways with adjacent property may be required in all cases to reduce the total number of driveways along arterial streets, improve the flow of traffic and lower accident potential. [Source:

18.55.110.A]
b. Multiple driveways serving the same parking facility shall be located at least 35 feet apart. [Source: 18.55.120]

5. The Zoning Administrator in consultation with the City Engineer, may require driveways to be modified from the above widths where unusual traffic, grade, or site conditions prevail. The Zoning Administrator may also require driveways to be constructed with full curb returns and handicapped ramps as opposed to simple curb depression. [Source: 18.55.120]
B. Access Requirements.

1. Driveway Access. All required parking spaces shall have unobstructed access to the nearest driveway and comply with the following standards. [Source: 18.55.080] Item 10.1
City Council Meeting Agenda - Page 1288 of 2120 - Monday, April 21, 2025 Chapter 18.70 Off-Street Parking and Loading
52 a. No tandem parking, mechanical lifts, or other similar parking configurations are allowed to satisfy parking requirements established in this Chapter. [Source:

18.55.080]
b. All spaces in a parking facility shall be accessible without a vehicle needing to reenter a public right-of-way unless it is physically impossible to provide for such access. An alley may be used as maneuvering space for access to offstreet parking. [Source: 18.55.110.B]

2. Access Drives. Off-street parking facilities that do not abut a public street shall provide an access drive not less than 20 feet in width for two-way traffic, connecting the offstreet parking area with a public street. The access drive shall be paved in the manner required for off-street parking lots and may not traverse property in any residential zoning district unless the drive provides access to a parking area serving a use in a residential zoning district. [Source: 18.55.110.C]

3. Dead-End Access Driveway. A dead-end access or service driveway with a length of 150 feet or greater shall provide a turnaround consisting of at least one specifically designated parking space, or an equivalent alternative, as determined by the Zoning Administrator. [Source: 18.55.110.5]

4. Driveway Entrances.
a. All driveway entrances and exits are subject to the approval of the City Engineer. [Source: 18.55.110.E]
b. An entrance to a parking area accommodating more than 25 vehicles shall include a landscaped median strip. The design of the strip is subject to approval by the Planning Commission and the Architectural Review Commission. The strip shall be located to eliminate possible cross-traffic within the parking area within 50 feet of the public right-of-way. An applicant may request Zoning Administrator, Architectural Review Commission, or Planning Commission approval modifying this requirement based on the size of the parking area, the circulation plan, and sight and safety considerations. [Source: 18.55.110.F]
C. Circulation. Parking facilities shall be designed to comply with the following standards, where applicable, to promote effective and efficient circulation within parking lots [Source:

18.55.100.B]

1. Vehicles shall not enter a public right-of-way backwards, except for a single-family detached residence or a duplex where each unit is served by an individual driveway. [Source: 18.55.100.B.1]

2. Each preschool, day care center, private educational, institutional, or public recreational land use located in a residential zoning district or a commercial recreational facility shall include a drop-off area adjacent to a primary access or parking aisle. Drop-off areas, combined with accesses, shall have a minimum width of 12 feet for one-way traffic and 25 feet for two-way traffic. [Source: 18.55.100.B.2] Item 10.1
City Council Meeting Agenda - Page 1289 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – April 2025
53 3. Parking lots shall provide a pedestrian walkway for every four parking aisles. [Source:

18.55.100.B.3]

18.70.120 Screening, Lighting, and Landscaping
A. Screening.

1. Nonresidential Uses (five or more spaces). A parking area with five or more parking spaces serving a nonresidential use shall be screened from an adjoining R zoning district or a ground-floor residential use by a solid concrete, solid wood, or masonry wall at least eight feet in height, constructed to withstand a 15-pound-per-square-foot wind load, except that the height of the wall adjoining a required front setback in a residential zoning district shall not exceed three feet.

2. Residential Uses (five or more spaces). A carport or open parking area with five or more parking spaces serving a residential use shall be screened from adjoining R district or a ground-floor residential use by a solid concrete, solid wood, or masonry wall at least six feet in height, except that the height of a wall or fence adjoining a required front setback in a residential zoning district shall not exceed three feet. [Source: 18.70.150.A]
B. Lighting. Lighting in outdoor parking lots shall be designed, installed, and maintained to prevent nighttime sky light pollution and promote energy efficiently by illuminating only areas or objects necessary for safety and security. All outdoor parking lots shall conform to the following lighting standards: [Source: 18.70.150.B]

1. Exterior light fixtures shall be full cutoff fixtures designed and installed so that no emitted light will break a horizontal plane passing through the lowest point of the fixture.

See Figure 18.70-__ (Light Design). [Source: 18.70.150.B.1] Figure 18.70-__
Light Design

2. Light fixtures shall not be mounted higher than 24 feet above finished grade. [Source:

18.70.150.B.2]

3. Light sources shall be directed downward and shall not directly shine onto any adjacent street or property.

4. Light Temperature (color). The maximum color temperature of any exterior light source shall not exceed 3,000 Kelvins. [Source: NEW]
Item 10.1
City Council Meeting Agenda - Page 1290 of 2120 - Monday, April 21, 2025 Chapter 18.70 Off-Street Parking and Loading
54 5. Maximum Light Intensity. Light sources shall not exceed the following light intensity maximums:
a. Maximum light intensity adjacent to any residential property line or residential zoning district boundary line shall not exceed 0.2 footcandles as measured in the vertical plane at the property line to a height equal to the height of the light source. [Source: 18.70.150.B.3]
b. Maximum illumination on a nonresidential site, except automobile and vehicle/equipment sales lots and automobile service stations, shall not exceed 10 footcandles when measured at finished grade. [Source: 18.70.150.B.4] c. The maximum light intensity on automobile vehicle equipment sales lots and automobile service stations shall not exceed 30 footcandles, when measured at finished grade, unless a higher lighting intensity is approved through a Use Permit. All luminaries mounted on the under surface of service station canopies shall be a full cutoff fixture. [Source: 18.70.150.B.5] d. The maximum color temperature shall not exceed 3,000 Kelvin. [Source:

NEW]

6. When a nonresidential use is closed, all outdoor parking lot lighting shall be completely turned off or light levels dimmed to half of when the business is open (pre-curfew). If safety and security lighting is warranted, an occupancy sensing system, subject to approval by the Zoning Administrator, shall be installed to bring outdoor lighting to sufficient brightness to meet the need, then reset to the lower level after a predetermined time. [Source: 18.70.150.B.6]

18.70.130 Additional Design Standards for Parking Facilities The Zoning Administrator, as recommended by the City Engineer, may require parking facilities to have paving, drainage, wheel stops, lighting, space marking, directional signs, ramp grades, litter collection containers, fire equipment, and queuing space for drive-in facilities, or ticket-dispensing booths or machines. [Source: 18.55.160]
A. Parking areas may not be used for auto sales, storage, repair work, dismantling, or outdoor open sales displays. [Source: 18.55.160.A]
B. Drainage/Stormwater Runoff. [Source: 18.55.160.B]

1. Parking facilities shall comply with the City’s current National Pollutant Discharge Elimination System (NPDES) Permit requirements for the treatment of stormwater runoff in accordance with Chapter 15.05 (Stormwater Management and Discharge Control). [Source: 18.55.160.B.1]

2. Surface water shall be discharged to natural or engineered off-site drainage facilities and may not drain off or across public or private sidewalks, pedestrian walkways, or areas not designed as drainage facilities. All industrial uses shall be required to install oil/water separators and/or grease traps on storm drain inlets. [Source: 18.55.160.2] C. Surfacing. A driveway or parking area, serving either a residential or nonresidential development, shall be surfaced with concrete or two inches of asphalt concrete over six inches Item 10.1
City Council Meeting Agenda - Page 1291 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.70 Revised Preliminary Draft – April 2025
55 of aggregate base or comparable concrete. Each driveway shall be graded and drained to dispose of all surface water, as described in Subsection B, to an approved drainage facility. [Source: 18.55.160.C]
D. Markings. [Source: 18.55.160.E]

1. Each parking space and parking facility shall be identified by surface markings and shall be maintained in a manner so all parking spaces are readily visible and accessible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking, and storage of vehicles. Marking required to be maintained in a highly visible condition includes striping, directional arrows, lettering and field color on signs in handicapped-designated areas. [Source: 18.55.160.E.1]

2. One-way and two-way accesses into required parking facilities shall be identified by directional arrows. Any two-way access located at any angle other than 90 degrees to a street shall be marked with a traffic separation stripe the length of the access; this requirement does not extend to aisles. [Source: 18.55.160.E.2]

3. Where the exit may not be clearly recognizable, directional signage shall be provided. [Source: 18.55.160.E.3]

4. Double Line Striping. If deemed necessary by the Zoning Administrator, each parking space shall measure eight and one-half feet from center to center, with double stripes two feet apart, as shown in Figure 18.70-__ (Double Line Striping). [Source:

18.55.160.D]
Figure 18.70-__
Double Line Striping

18.70.140 Location and Design of Off-Street Loading Spaces A. Required off-street loading spaces shall be on the site of the use served or on an adjoining site. [Source: 18.55.170]
B. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Planning Commission. [Source: 18.55.170] C. A required loading space shall be accessible without backing a truck across a street property line unless it is determined infeasible by the Zoning Administrator and the alternative to back across a street property line is approved. [Source: 18.55.170] Item 10.1
City Council Meeting Agenda - Page 1292 of 2120 - Monday, April 21, 2025 Chapter 18.70 Off-Street Parking and Loading
56 D. An occupied loading space shall not prevent access to a required off-street parking space. [Source: 18.55.170]
E. A loading area shall not be located in a required front or street side setback. [Source:

18.55.170]
F. Except in a C or LI zoning district, a loading area visible from a street shall be screened on three sides by a fence, wall, or hedge at least six feet in height. [Source: 18.55.170] Item 10.1
City Council Meeting Agenda - Page 1293 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.75 Revised Preliminary Draft – April 2025
57 Chapter 18.75
Performance Standards
Item 10.1
City Council Meeting Agenda - Page 1294 of 2120 - Monday, April 21, 2025 Chapter 18.75 Performance Standards
58 Chapter 18.75 Performance Standards
Sections

18.75.010 Purpose and Applicability

18.75.020 Noise

18.75.030 Vibration

18.75.040 Odors

18.75.050 Hazardous Materials

18.75.060 Heat and Humidity

18.75.070 Electromagnetic Interference

18.75.010 Purpose and Applicability
A. Purpose. All land uses, activities, and processes shall be operated and maintained to not be injurious to public health, safety, or welfare, and to comply with the standards in this Chapter. [Source: NEW]
B. Applicability. In addition to the City noise regulations established in Chapter 9.15 (Noise), the following performance standards shall apply to all activities and land uses in all zoning districts.

The standards of this Chapter are assessed at the time of a new project development. [Source:

18.50.060, modified]

18.75.020 Noise
A. Noise Measurement Criteria. Exterior noise levels shall be measured in decibels (dB) at the property line of the noise source. Noise shall be measured with a sound level meter which meets the standards of the American National Standards Institute (ANSI) Section S1.4-1979, Type 1 or Type 2. The unit of measure shall be designated as dB. A calibration check shall be made of the instrument at the time any noise measurement is made. Where noise is measured at the property line of abutting zoning districts, the noise standard for the more restrictive district shall apply. [Source: 18.50.060.A]
B. Maximum Noise Levels. No use, activity, or process shall exceed the ambient noise levels established in Table 18.75-__. [Source: 18.50.060.A]
Item 10.1
City Council Meeting Agenda - Page 1295 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.75 Revised Preliminary Draft – April 2025
59 Table 18.75-__: Maximum Noise Standards by Zoning District C. Duration and Timing. The maximum noise standards established in Table 18.75-__ may be modified as follows to account for the effects of time and duration on the impact of noise levels:
[Source: 18.50.060.A.1]

1. In residential zones, the maximum noise level shall be five dB lower between 10:00 p.m. and 7:00 a.m. [Source: 18.50.060.A.1.a]

2. Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the maximum noise level by five dB. [Source: 18.50.060.A.1.b]

3. Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the maximum noise level by 10 dB. [Source: 18.50.060.A.1.c] D. Acoustic Study. The Zoning Administrator may require an acoustic study for any proposed project which could have or create a noise exposure greater than that deemed acceptable for public health and safety. [Source: 18.50.060.A.2]
E. Noise Attenuation Measures. The Zoning Administrator may require a project to include noise attenuation measures if deemed necessary to ensure that the noise standards established in this Section are not exceeded. [Source: 18.50.060.A.3]

18.75.030 Vibration
No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site. [Source: 18.50.060.B]

18.75.040 Odors
No use, activity, or process shall produce objectionable odors that are perceptible without instruments by a reasonable person at the property lines of a site. [Source: 18.50.060.C]

18.75.050 Hazardous Materials
The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and any other applicable laws. [Source: 18.50.060.D]

18.75.060 Heat and Humidity
No use, activity, or process shall produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the site on which they are situated, that cause significant distress, discomfort, or injury to a reasonable person. [Source: 18.50.060.E] Zoning District Maximum Noise Level Ldn or CNEL,
dB
Residential and Neighborhood Business Districts (R,
NB)
50 Commercial and Retail Business Districts (RB, C) 60
Office District (PAO) 65
Industrial District (LI) 70
Planned Development/Precise Plan District (PUD,
PPD)
Study Required
Item 10.1
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60 18.75.070 Electromagnetic Interference
No use, activity, or process shall cause electromagnetic interference with normal radio or television reception in residential zoning districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated. [Source: 18.50.060.F] Item 10.1
City Council Meeting Agenda - Page 1297 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.76 Revised Preliminary Draft – April 2025
61 Chapter 18.76
Scenic Route Setbacks
Item 10.1
City Council Meeting Agenda - Page 1298 of 2120 - Monday, April 21, 2025 Chapter 18.76 Scenic Route Setbacks
62 Chapter 18.76 Scenic Route Setbacks
Sections

18.76.010 Purpose and Applicability

18.76.020 Designated Scenic Routes and Corridors

18.76.030 Setback Requirements

18.76.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to identify specific standards for development along the City and County designated scenic routes to preserve visual character and provide sufficient right-of-way to facilitate landscaping and accommodate bicyclists and pedestrians. [Source: NEW]
B. Applicability. The scenic route setback requirements apply to the roads and road segments establisehd in Section 18.76.020.A. [Source: NEW]

18.76.020 Designated Scenic Routes and Corridors
A. Setback Required. The following roads and road segments are designated by the City as scenic routes requiring a scenic route setback in compliance with Section 18.76.030 (Setback Requirements):

1. Alhambra Avenue

2. Grayson Road (from Reliez Valley Road to Taylor Boulevard)

3. Gold Club Road

4. Morello Avenue (north of Paso Nogal Road)

5. Paso Nogal Road (southwest of Morello Avenue) [Source: NEW] B. No Setback Required. The following roads and road segments are designated by the City as scenic corridors that are not subject to the scenic route setback requirements established in Section 18.76.030 (Setback Requirements), but merit additional landscaping and other improvements to enhance their visual quality:

1. Geary Avenue

2. Oak Park Boulevard

3. Pleasant Hill Road [Source: NEW]

18.76.030 Setback Requirements
A. Measurements. The scenic route setback area is measured from the street to the closest structure wall or projection in compliance with Section 18.45.040 (Measurements). [Source:

NEW]
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63 B. No person may place a structure, fence, or wall; perform grading; or place fill material in a scenic route setback area unless it is a legally existing structure, fence, wall, grading, or fill in compliance with Section 18.190.030 (Nonconforming Structures), [Source: NEW] Item 10.1
City Council Meeting Agenda - Page 1300 of 2120 - Monday, April 21, 2025 Chapter 18.80 Signs
64 Chapter 18.80
Signs
Item 10.1
City Council Meeting Agenda - Page 1301 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – April 2025
65 Chapter 18.80 Signs
Sections

18.80.010 Purpose and Applicability

18.80.020 General Standards

18.80.030 Permit Required

18.80.040 Exempt Signs

18.80.050 Prohibited Signs

18.80.060 Maximum Wall Sign Area

18.80.070 Specific Sign Standards

18.80.080 Sign Design Guidelines

18.80.090 Temporary Sign Standards

18.80.100 Master Sign Program

18.80.110 Minor Sign Adjustment

18.80.120 Major Sign Adjustment

18.80.130 Maintenance, Abandonment, and Obsolete Signs

18.80.140 Enforcement

18.80.010 Purpose and Applicability
A. Purpose. This Chapter establishes sign regulations to: [Source: 18.60.010]

1. Provide each sign user an opportunity for effective identification by limiting the number and area of signs allowed on all sites. [Source: 18.60.010.A]

2. Maintain and enhance the quality of the City’s appearance by limiting off-premises signs to avoid clutter. [Source: 18.60.010.B]

3. Enable users of goods and services to readily identify establishments offering services to meet their needs. [Source: 18.60.010.C]

4. Regulate the number and size of signs according to standards consistent with the types of establishments in each zoning district. [Source: 18.60.010.D]

5. Protect residential zoning districts from adverse impacts from excessive signs of adjoining nonresidential zoning districts. [Source: 18.60.010.E]

6. Provide fair and equitable regulations throughout the City. [Source: 18.60.010.F]

7. Provide substantial compliance with Citywide Sign Design Guidelines. [Source:

18.60.010.G]

8. Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads, and highways. [Source: 18.60.010.H] Item 10.1
City Council Meeting Agenda - Page 1302 of 2120 - Monday, April 21, 2025 Chapter 18.80 Signs
66 9. Regulate signs in a manner so they do not physically interfere with or obstruct the vision of pedestrian or vehicular traffic. [Source: 18.60.010.I]

10. Avoid unnecessary and time-consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the City’s Building and Electrical Codes, while limiting the size and number of such signs so as to minimize visual clutter. [Source: 18.60.010.J]

11. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational, and other noncommunicative aspects of signs. [Source: 18.60.010.K]

12. Regulate signs in a constitutional manner, which is content-neutral as to noncommercial signs. [Source: 18.60.010.L]
B. Applicability. The standards of this Chapter apply to signs in all zoning districts. Only the signs authorized by this Chapter shall be allowed. [Sources: NEW]

18.80.020 General Standards
A. Owner’s Consent. The consent of the property owner or person in control or possession of the real property is required before any sign may be placed on any private property in the City. [Source: 18.60.015.A]
B. Noncommercial Signs. Noncommercial signs are subject to the same sign standards established in this Chapter as commercial signs. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this Chapter, all noncommercial speech messages are deemed to be “on site,” regardless of location. [Source: 18.60.015.B] C. Substitution of Noncommercial Message. A noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this Chapter. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved, or exempt from the approval requirements, and no structural or electrical change is made. Substituted messages are subject to the same design, locational, and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display), and all Building and Electrical Code requirements, as would apply if the sign were used to display a commercial message. [Source: 18.60.015.C]

18.80.030 Permit Required
A. General requirement. No temporary or permanent sign shall be erected or displayed without a Sign Permit or Temporary Sign Permit, unless the sign is exempt under Section 18.80.040 (Exempt Signs). See Chapter 18.130 (Sign Permit) and Chapter 18.135 (Temporary Sign Permit) for permit processes and procedures. [Source: 18.60.030.A] B. Removal, Modification, or Relocation. The Zoning Administrator may require the removal, modification, or relocation of an existing sign as a condition of Sign Permit or Temporary Sign Permit approval if one of the following is found to be true: [Source: 18.60.030.A] Item 10.1
City Council Meeting Agenda - Page 1303 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – April 2025
67 1. The proposed sign would be located on a site with an existing sign violation; or [Source:

18.60.030.A]

2. The approval of the Sign Permit or Temporary Sign Permit would result in a violation of the sign regulations established in this Chapter. [Source: 18.60.030.A]

18.80.040 Exempt Signs
The following signs are exempt from the regulations of this Chapter unless approved as part of a Master Sign Program under Section 18.80.110 (Master Sign Program). [Source: 18.60.020] A. Addresses and Name Plates. The following signs are intended to assist in identifying and locating a site.

1. Residential. Occupant name, street numbers, and street name signs as required by the Building Code or local fire protection district. [Source: 18.60.020.A]

2. Nonresidential. Signs for commercial, office, and industrial uses not over two square feet in area that display business information limited to business identification, addresses, hours of operation, phone numbers, accepted forms of payment, and trade associations. [Source: 18.60.020.J and 18.60.020.U]

3. Nonilluminated wall sign not over two square feet in area, displaying the name of the occupant or resident, or the address at the entrance of each business occupant space. [Source: 18.60.020.K]
B. Building Signs. Signs with the name of a building, date of erection, commemorative tablet, or similar content, when made of or carved into a permanent-type of material (e.g., stone, concrete, bronze, aluminum) and is an integral part of the structure. Such a sign may not exceed four square feet in area and may not be illuminated. [Source: 18.60.020.B] C. Construction Signs. Construction signs with a maximum total size of 24 square feet per individual frontage for commercial, office, and industrial zoning districts and 12 square feet per frontage for residential zoning districts. No freestanding construction sign shall exceed five feet in height. Construction signs shall be removed within 30 working days following the issuance of a Certificate of Occupancy. [Source: 18.60.020.C]
D. Directional or Informational Signs. On-site directional signs shall that meet all the following standards: [Source: 18.60.020.D]

1. Do not exceed one double-faced sign; [Source: 18.60.020.D]

2. Do not exceed four square feet in area; [Source: 18.60.020.D]

3. Do not exceed 80 inches in height measured from the ground to the bottom of the sign face area and 104 inches from the ground to the tallest portion of the sign. [Source:

18.60.020.D]

4. Does not include advertising material. [Source: 18.60.020.D] E. Door Signs. Exterior door signs in a nonresidential zoning district where the total area covered by signs (including exempt signs) is five square feet or less for each door. [Source:

18.60.020.E]
Item 10.1
City Council Meeting Agenda - Page 1304 of 2120 - Monday, April 21, 2025 Chapter 18.80 Signs
68 F. Flags. Official flags of the nation, the State of California, other states of the Nation, or City government flags mounted or flown no higher than the maximum building height of the underlying zoning district. [Source: 18.60.020.F]
G. Holiday Decorations. Holiday decorations, not advertising a product or sale, that are on display for a maximum of 60 consecutive days, no more than two times per calendar year. A holiday decoration that includes advertising is a regulated sign under this Chapter. [Source:

18.60.020.G]
H. Interior Signs. Signs within a building five feet or more from a window. [Source: 18.60.020.H] I. Lottery Signs. Signs for the California State Lottery, approved by the Lottery Commission for display by lottery game retailers. [Source: 18.60.020.I] J. Personal Property Sales Signs. Signs not exceeding six square feet and erected on private property for no more than three consecutive days six times per calendar year. [Source:

18.60.020.L]
K. Product Sign. Signs manufactured as a standard, integral part of a mass-produced product accessory to a commercial or public or semipublic use, including a telephone booth, vending machine, automated teller machine, gasoline pump, newspaper rack, and bus shelter sign. [Source: 18.60.020.N]
L. Public Agency Sign. Signs placed by a public agency on property owned by that agency. [Source: 18.60.020.O]
M. Public Interest Sign. Signs erected by a public agency, including public information, identification, directional signs, the City’s information A-frame signs, and banner signs erected on public property under the City banner policy. [Source: 18.60.020.P] N. Public Notice. Notices posted by a utility or other public or quasi-public agent in the performance of a public duty or by any person giving due legal notice. [Source: 18.60.020.Q] O. Real Estate Sign. Temporary signs on private property in any zoning district being offered for sale, rental, or lease subject to the following requirements. [Source: 18.60.020.R]

1. Residential Uses. In residential zoning districts or residential areas of PUD, HPUD, and PPD zoning districts, one on-site real estate sign is allowed that does not exceed six square feet. [Source: 18.60.020.R]

2. Nonresidential Uses. In nonresidential zoning districts, one temporary on-site real estate sign is allowed that does not exceed 32 square feet. [Source: 18.60.020.R]

3. Any freestanding sign shall not exceed six feet in height. The sign shall be removed within seven working days following the sale (close of escrow), lease, or rental of the property. [Source: 18.60.020.R]

4. During the construction of and initial opening of a multi-family residential development or single-family residential subdivisions with three or more homes, up to 24 square feet of sign area for temporary on-site real estate signs is allowed. [Source: 18.60.020.R.2] Item 10.1
City Council Meeting Agenda - Page 1305 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – April 2025
69 5. Up to four off-site open house signs are allowed to be placed as necessary at street intersections leading to the open house, plus one on-site real estate company open house sign, provided the following requirements are met. [Source: 18.60.020.R.3] a. Each sign shall not exceed four square feet in area and three feet in height b. Sign shall only be displayed on the weekends or for the Contra Costa Association of Realtors-sponsored broker’s open house. [Source:

18.60.020.R.3]
c. Only one sign is allowed per intersection regardless of the number of open houses in the direction indicated by the sign. [Source: 18.60.020.R.3] d. No temporary off-site directional real estate sign shall be located on a wall or fence in the public right-of-way, on a utility pole, or on a public street, median strip, traffic island, public landscaped area, sidewalk or private property without permission of the owner. [Source: 18.60.020.R.3]
P. Recycling Facility Sign. Signs on a machine in a recycling facility not over four square feet in area, identifying the type of material to be deposited, operating instructions, and the name and phone number of the operator. [Source: 18.60.020.S]
Q. Service Station Sign. Gasoline service station fuel pump identification and/or price signs located on the pump top or pump face and not exceeding two square feet in area. [Source:

18.60.020.T]
R. State Inspection Sign. One official State inspection sign constructed of a permanent material for each type of inspection service offered on site, located flat against the wall of a building and not exceeding four square feet in area. [Source: 18.60.020.V] S. Temporary Noncommercial Signs. Signs that comply with Section 18.80.090 (Temporary Freestanding Sign Standards). [Source: 18.60.020.W]
T. Vehicle or Trailer Sign. An identification signs painted on or affixed to a vehicle or trailer only when all of the following apply: [Source: 18.60.020.X]

1. The vehicle or trailer is legally parked within a single, delineated parking space; and [Source: 18.60.020.X.1]

2. The sign is incidental to the primary use of the vehicle or trailer. The following criteria may be used in determining whether the sign is indeed incidental to the primary use of the vehicle or trailer: [Source: 18.60.020.X.2]
a. The sign is painted upon or applied in a permanent manner directly to an integral part of the vehicle or trailer or merely temporarily attached to the vehicle; [Source: 18.60.020.X.2.a]
b. The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable; [Source: 18.60.020.X.2.b] c. While the business is open, the vehicle is not moved and the vehicle is so parked or placed that the signs thereon are displayed to the public; [Source:

18.60.020.X.2.c]
Item 10.1
City Council Meeting Agenda - Page 1306 of 2120 - Monday, April 21, 2025 Chapter 18.80 Signs
70 d. The vehicle or trailer is regularly parked in a location and in a manner in a way so that it can be observed by passersby; [Source: 18.60.020.X.2.d] e. The vehicle or trailer is actively used as a vehicle in the daily function of the business to which such signs relate; [Source: 18.60.020.X.2.e] f. The vehicle or trailer is associated with, and necessary to, performing a service at the property in which the vehicle or trailer is located; and [Source:

18.60.020.X.2.f]
g. The sign includes directional language that would only be applicable if parked in the vicinity of the use. [Source: 18.60.020.X.2.g]
It is not necessary that any one or all the listed criteria be present in order to determine that a vehicle sign falls into the exempt or prohibited category; the criteria are intended to guide City staff toward making consistent determinations on the matter. [Source:

18.60.020.X]
U. Window Signs. Window signs in a nonresidential zoning district are allowed if the total window area covered by signs (including exempt signs) is 30 percent or less of the window area. For the purposes of this Section, “window area” means the window area of a single business, on each building elevation. Glass doors are excluded from the calculation of window area. [Source:

18.60.020.Y]

18.80.050 Prohibited Signs
Unless otherwise exempt, the following types of signs and locations of signs are prohibited: [Source:

18.60.060]
A. Signs located in a required setback adjoining a street property line in violation of Section

18.45.070 (Sight Obstructions at Intersections and Driveways). [Source: 18.60.060.A] B. Signs with lighting, colors, design, or text that could be confused with a public traffic directional sign or control device. [Source: 18.60.060.B]
C. Signs which include obscene matter in violation of California Penal Code section 311 et seq. [Source: 18.60.060.C]
D. Exterior signs made of materials which are impermanent and will not stand exposure to weather, unless it is a temporary sign. [Source: 18.60.060.D] E. Roof signs. [Source: 18.60.060.E]
F. Outdoor advertising structure signs and/or signs located within a public right-of-way except for the following:

1. Signs associated with a City-approved bus shelter or bench; or

2. Signs located within the Downtown Specific Plan area and approved by the City Engineer. [Source: 18.60.060.F]
G. Signs placed on, painted, or affixed to a vehicle or trailer which is parked on a public right-ofway, public property, or private property visible from a public right-of-way, if the apparent Item 10.1
City Council Meeting Agenda - Page 1307 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – April 2025
71 purpose is to advertise a product or business, or direct people to a business or activity located on the same or other property. [Source: 18.60.060.G]
H. Electronic readerboard signs larger than two square feet used as a window sign or if located on the exterior of a structure. Electronic service station fuel price signs are not considered to be “readerboard” signs. [Source: 18.60.060.H]
I. Balloon or similar inflated sign, except with a Temporary Sign Permit under Section 18.80.100 (Standards for Other Types of Temporary Commercial Signs). [Source: 18.60.060.I] J. Signs advertising tobacco products except as allowed in Section 9.45.230 (Restrictions on the advertising of tobacco products-Exceptions). [Source: 18.60.060.J] K. Commercial signs that are animated and/or moving, including mechanically or human powered or held signs within the public right-of-way, and any mechanically powered animated and/or moving commercial sign on private property, except as allowed in Section 18.80.070 (Specific Sign Standards), given that the movement associated with such signs is particularly distracting to motorists and thus, poses traffic safety hazards. [Source: 18.60.060.K]

18.80.060 Maximum Wall Sign Area
A. Applicability. Maximum sign area regulations established in this Section apply to wall signs and multiple-story office signs. They do not apply to freestanding signs, window signs, off-premises signs, shingle signs, temporary signs, or exempt signs. [Source: 18.60.040.A] B. Maximum Sign Area. All wall signs and multiple-story office signs shall comply with the maximum sign areas specified in Table 18.80- Maximum Sign Areas: [Source: 18.60.040.B] C. Calculating Maximum Wall Sign Area. In determining compliance with maximum sign area, the following general regulations apply: [Source: 18.60.040.C]

1. Only one side of a building shall be used in calculating the building frontage. The Zoning Administrator may designate another side of a building as the building frontage if it is determined that: [Source: 18.60.040.C.1]
Table 18.80-__: Maximum Wall Sign Areas
Zoning District Maximum Sign Area
Residential zones 8 square feet per street frontage.

If a Sign Permit is approved, up to 32 square feet per street frontage is allowed as reasonable and necessary for identification of any of the following uses: Convalescent facility; cemetery; club and lodges; congregate care – general; cultural institution; day care – general; hospital; religious assembly; private school; or subdivision community identification.

NB, RB, PAO, C and LI 1 square foot for each linear foot of building frontage.

Mixed use zones Residential components within a mixed-use zone are subject to the same maximum wall sign area provisions as residential zones.

Commercial components within a mixed-use zone are subject to the same maximum wall sign area provisions as NB, RB, PAO, and C zones.

REC If a Sign Permit is approved, up to 32 square feet per street frontage is allowed as reasonable and necessary for identification
Item 10.1
City Council Meeting Agenda - Page 1308 of 2120 - Monday, April 21, 2025 Chapter 18.80 Signs
72 a. The primary access to the tenant spaces is from a side facing an interior side lot line; and [Source: 18.60.040.C.1]
b. The interior lot line is longer than the front lot line. [Source: 18.60.040.C.1]

2. Only the street frontage that is developed or approved for development is counted for purposes of determining the maximum allowable sign area. Vacant land reserved for future development is not counted. [Source: 18.60.040.C.2]

3. No sign or sign area allowed on one tenant’s building frontage shall be transferred to another tenant’s building frontage within a shopping center or other multi-tenant structure or development except in accordance with a Master Sign Program prepared under Section 18.80.110 (Master Sign Program). [Source: 18.60.040.C.3]

4. The sign area shall be measured using the simplest geometric shape that will encompass the extreme limits of the sign. Negative space that is bounded by sign elements shall be counted in the total sign area.

5. The background area of panel signs (area surrounding the lettering) shall not be included in the calculation of total sign area, provided that the background of the panel complies with the following standards: [Source: 18.60.040.C.4] a. Does not contain text; [Source: 18.60.040.C.4]
b. Is designed to be architecturally compatible with the building façade; [Source:

18.60.040.C.4]
c. Is proportionate to the size of the sign lettering; and [Source: 18.60.040.C.4] d. Is compatible with the colors, materials, and design of the sign. [Source:

18.60.040.C.4]
Item 10.1
City Council Meeting Agenda - Page 1309 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – April 2025
73 Figure 18.80-_
Wall Sign Area Management

18.80.070 Specific Sign Standards
A. Freestanding Signs. The following standards apply to freestanding signs. [Source:

18.60.050.A]

1. Freestanding signs shall not exceed the maximum sign areas established in Table

18.80-__ (Maximum Freestanding Sign Areas by Zoning District). [Source:

18.60.050.A.1]

2. Calculating Maximum Freestanding Sign Area. The surface area of a freestanding sign shall be calculated by enclosing the extreme limits of all framing, writing, logo, Table 18.80-__: Maximum Freestanding Sign Areas by Zoning District Zoning District Maximum Size
Residential zones, OS, and REC 0.5 square foot for each lineal foot of street frontage up to a maximum of 16 square feet on one face or 32 square feet on two faces. A freestanding sign is only allowed for the uses listed in Subsection

18.80.060.B.

NB, RB and C 0.5 square foot for each lineal foot of street frontage up to a maximum of 32 square feet on one face or 64 square feet on two faces.

If the street frontage exceeds 250 feet, one additional freestanding sign is allowed, not to exceed 32 square feet on one face or 64 square feet on two faces.

PAO and LI 0.5 square foot for each lineal foot of street frontage up to a maximum of 16 square feet on one face or 32 square feet on 2 faces.

Mixed-use zones Residential components of a mixed-use zone are subject to the same maximum freestanding sign area provisions as residential zones.

Commercial components of a mixed-use zone are subject to the same maximum freestanding sign area provisions as NB, RB, and C zones Item 10.1
City Council Meeting Agenda - Page 1310 of 2120 - Monday, April 21, 2025 Chapter 18.80 Signs
74 representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 18.80-_ Sign Area Measurement).

Figure 18.80-_
Sign Area Measurement
Item 10.1
City Council Meeting Agenda - Page 1311 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – April 2025
75 B. Other Regulations. A freestanding sign may not: [Source: 18.60.050.A.2] a. Be closer than 30 feet to another freestanding sign or to a projecting sign; [Source: 18.60.050.A.2.a]
b. Be closer to an interior property line than one-half its height; [Source:

18.60.050.A.2.b]
c. Extend over a public right-of-way nor be located on the same frontage as a projecting sign extending over a public right-of-way; [Source: 18.60.050.A.2.c] d. Be placed outside of a landscaped area; [Source: 18.60.050.A.2.d] e. Exceed eight feet in height in a nonresidential zoning district or exceed six feet in height in a residential zoning district; [Source: 18.60.050.A.2.e] f. Be considered a double-faced sign unless the two faces are an integral part of a single sign and the sign faces are designed to be identical in size and located back to back on opposite parallel planes. [Source: 18.60.050.A.2.f] C. Illumination and Movement. The following regulations apply to signs that are illuminated or move. [Source: 18.60.050.B]

1. No sign may have exposed fluorescent tubes or incandescent bulbs unless determined by the Sign Permit review authority to be an enhancement to the design of the sign and complementary to the architecture of the building facade. [Source: 18.60.050.B.1]

2. Signs indirectly illuminated shall use white or amber colored lights. [Source:

18.60.050.B.2]

3. Signs directly visible from a residential zoning district shall not be illuminated between 10:00 p.m. and 6:00 a.m., except during the hours the business is open. [Source:

18.60.050.B.3]

4. No movement or apparent movement of, or in, a sign or change in intensity of sign illumination is allowed, except for the following if consistent with the other provisions of this Chapter: [Source: 18.60.050.B.4]
a. Time or temperature signs. [Source: 18.60.050.B.4.a] b. Theater canopy signs. [Source: 18.60.050.B.4.b]
c. Electronic readerboard signs located inside a building and within three feet of a window if the total aggregate area of all electronic readerboard signs at any business location does not exceed two square feet. [Source: 18.60.050.B.4.c] D. Multiple-Story Office Signs. An office building at least three stories in height may have a multiple-story office sign to identify the building if: [Source: 18.60.050.C]

1. The sign is located below the top of the parapet at a height and scale architecturally in harmony with the building; [Source: 18.60.050.B.C.1]

2. There is only one identification sign per building; [Source: 18.60.050.C.2] Item 10.1
City Council Meeting Agenda - Page 1312 of 2120 - Monday, April 21, 2025 Chapter 18.80 Signs
76 3. Only individual letters or a logo are used and there are no cabinet or can signs. If lighted, the letters shall be internally illuminated; [Source: 18.60.050.C.3]

4. The sign is not indirectly illuminated; [Source: 18.60.050.C.4]

5. The sign complies with the maximum sign area established in Section 18.80.060 (Maximum Sign Area). [Source: 18.60.050.C.5]
E. Off-Premise Signs. An outdoor sign advertising a business, product, or service not sold on the premise is not allowed, unless: [Source: 18.60.050.D]

1. The sign is needed to provide visibility of the business(es) from the nearest arterial or commercial collector street; and [Source: 18.60.050.D.1]

2. The sign is not located in a residential zoning district. [Source: 18.60.050.D.2] F. Projecting Signs. A projecting sign (also referred to as a “shingle” or “blade” sign) shall: [Source:

18.60.050.E]

1. Be set back at least five feet from an interior side property line, if applicable; [Source:

18.60.050.E.1]

2. Not exceed four square feet in area; [Source: 18.60.050.E.2]

3. Be at least seven and one-half feet, but not more than 20 feet, above the surface over which it projects, or not less than 14 feet above a vehicular passageway; and [Source:

18.60.050.E.3]

4. Not project above an apparent eave or parapet, including the eave of a simulated mansard roof. [Source: 18.60.050.E.4]
G. Theater or Cinema Sign. A Sign Permit may be issued for a theater or cinema sign deviating from the standards of this Section, including a marquee with changeable letters, brighter lights, or other features. [Source: 18.60.050.F]
H. Wall Signs. A wall sign, or the painting or decorating of a building with the purpose of advertising a message, shall comply with the maximum sign area requirements established in Section

18.80.060 (Maximum Sign Area) and shall not: [Source: 18.60.050.G]

1. Project above an eave or parapet, including the eave of a simulated mansard roof; [Source: 18.60.050.G.1]

2. Project more than six inches from the face of the building; or [Source: 18.60.050.G.2] I. Window Signs. Window signs are exempt from Sign Permit review, provided the following standards are met: [Source: 18.60.050.H]

1. The window sign does not cover up more than 30 percent of the total window area for each building frontage (glass doors are not included in the calculation of total window area); and [Source: 18.60.050.H.1]

2. The window sign is not located in a residential zoning district, nor directly facing a residential zoning district. [Source: 18.60.050.H.2]
Item 10.1
City Council Meeting Agenda - Page 1313 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – April 2025
77 18.80.080 Sign Design Guidelines
In reviewing sign applications, the Architectural Review Commission shall ensure that all signs are in substantial compliance with the sign guidelines established in the Citywide Design Guidelines (City Council Resolution No. 68-17). [Source: 18.60.110]

18.80.090 Temporary Sign Standards
A. Temporary Freestanding Sign Standards.

1. General. Temporary freestanding signs are allowed as follows: [Source: 18.60.055.A] a. Commercial and Industrial Zoning Districts. [Source: 18.60.055.A.1] i. Commercial Signs. The Zoning Administrator may issue a Temporary Sign Permit for a temporary commercial freestanding or a portable sign subject to the requirements of Subsections B and C of Section

18.80.100 (Standards for Other Types of Temporary Commercial Signs). [Source: 18.60.055.A.1.a]
ii. Noncommercial Signs. A temporary freestanding noncommercial sign is allowed if it complies with the standards in Subparagraphs 2 through 3 of this Section. No Temporary Sign Permit is required.[Source:

18.60.055.A.1.a]
b. Residential and REC Zoning Districts. [Source: 18.60.055.A.2] i. Commercial Signs. No temporary freestanding commercial sign is allowed in a residential zoning district, except for an exempt real estate sign under Section 18.80.040 (Exempt Signs). Real estate signs are not permitted in the REC zoning district. [Source: 18.60.055.A.2.a] ii. Noncommercial Signs. A temporary freestanding noncommercial sign is allowed in a residential zoning district or the REC district if it complies with Subparagraphs 2 through 3 of this Section. A temporary freestanding noncommercial sign may be displayed as a temporary freestanding sign or as a building wall or fence mounted banner. No Temporary Sign Permit is required. [Source: 18.60.055.A.2.b] c. Mixed-Use Zoning Districts. [Source: NEW]
i. Residential. Residential components of a mixed-use zoning district are subject to the temporary freestanding sign standards for residential zoning districts established in Subparagraph A.1.b. [Source: NEW] ii. Commercial. Commercial components of a mixed-use zoning district are subject to the temporary freestanding sign standards for commercial zoning districts established in A.1.a. [Source: NEW] d. Dimensions. Table 18.80-__ (Temporary Freestanding Sign Standards - Noncommercial) establishes standards for allowable size, aggregate area, Item 10.1
City Council Meeting Agenda - Page 1314 of 2120 - Monday, April 21, 2025 Chapter 18.80 Signs
78 spacing, and sign display duration for temporary freestanding noncommercial signs: [Source: 18.60.055.B]
B. Location. [Source: 18.60.055.C]

1. A temporary freestanding noncommercial sign shall not be attached to a utility or light pole, tree, or other vegetation, except that a temporary freestanding noncommercial sign may be displayed as a banner temporarily affixed to poles (other than utility poles or light poles) placed on private property solely for the purpose of displaying temporary signage or as a building wall mounted banner. [Source: 18.60.055.C.1]

2. A temporary freestanding noncommercial sign shall not obstruct or pose the threat of obstructing vehicular or pedestrian travel. The sign shall be located in compliance with Table 18.80-__: Temporary Freestanding Noncommercial Sign Standards Standard Commercial And
Industrial Zoning
Districts
Residential and REC Zoning Districts
Properties with up to 150
feet of lineal street
frontage3
Properties with over 150
feet of lineal street
frontage3
Maximum Area per Sign
Face (single or doublesided)
16 square feet 6 square feet 25 square feet
Maximum Aggregate
Area for All Signs
64 square feet1 25 square feet 25 square feet
Maximum Individual
Letter Height
Not to exceed 50% of
sign face height or 12
inches whichever is
greater
Not to exceed 50% of
sign face height or 12
inches whichever is
greater
Not to exceed 50% of
sign face height or 12
inches whichever is
greater
Maximum Size of Any
Graphic, Emblem, Logo
or Photograph
Not to exceed 30% of
sign face area
Not to exceed 30% of
sign face area
Not to exceed 30% of
sign face area
Minimum Distance
Between Temporary
Freestanding
Noncommercial Signs
Multiple signs, regardless
of spacing, arranged to
appear as one sign to
convey a single message
or image, are prohibited.

Multiple signs, regardless
of spacing, arranged to
appear as one sign to
convey a single message
or image, are prohibited.

Maximum Height 8 feet 6 feet 6 feet
Sign Display Duration4 Up to 65 days, two times
per year, or up to 30
days, six times per year,
or any combination of the
above that does not
exceed a total of 195
days per year, all with at
least 30 days between
each display period2
Up to 65 days, two times
per year, or up to 30
days, six times per year,
or any combination of the
above that does not
exceed a total of 195
days per year, all with at
least 30 days between
each display period2
Up to 65 days, two times
per year, or up to 30
days, six times per year,
or any combination of the
above that does not
exceed a total of 195
days per year, all with at
least 30 days between
each display period2
NOTE: Mixed-use zones. Residential components of a mixed-use zoning district are subject to the standards for residential zoning districts, and commercial components of a mixed-use zoning district are subject to the standards for commercial zoning districts.
1 – The aggregate sign area applies whether the signs are located on an individual lot or within a single commercial shopping center, business park, industrial park or other complex of related buildings. 2 – Sign text changes may occur within each occurrence. 3 – When a property (lot) has more than one street frontage, only one is used to calculate street frontage. 4 – A record of sign display dates shall be maintained by the person displaying the sign and available to the city for review upon request.

Item 10.1
City Council Meeting Agenda - Page 1315 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – April 2025
79 the requirements of Section 18.45.080 (Traffic Safety Visibility Area). [Source:

18.60.055.C.2]

3. A temporary freestanding noncommercial sign is not allowed in or over the public rightof-way (including public streets, alleys, sidewalks and unpaved areas). Except, in residential and REC zoning districts, a temporary freestanding noncommercial sign may be placed within the privately maintained portion of the public right-of-way that extends beyond the edge of sidewalk (or, beyond the edge of curb if no sidewalk exists) in the front setback, provided that it does not block or impede public or vehicular access, parking, traffic safety visibility area, utility access, or disabled access, and does not otherwise create a hazard or public nuisance. [Source: 18.60.055.C.3] C. Temporary Portable Freestanding Signs. A temporary portable freestanding sign (“A-frame,” “H-frame,” or similar sign): [Source: 18.60.057.B]

1. May be approved by the zoning administrator subject to compliance with design, siting and locational criteria established by the zoning administrator or as specified in an approved master sign program. [Source: 18.60.057.B.1]

2. May not be located within any public right-of-way (except in the Downtown Specific Plan area subject to approval by the city engineer). [Source: 18.60.057.B.2]

3. May not be located within areas regulated to preserve sight distance (see PHMC §

18.50.100). [Source: 18.60.057.B.3]

4. May be approved for display with a temporary sign permit for no more than 20 calendar days, up to six times each calendar year. [Source: 18.60.057.B.4] D. Temporary freestanding noncommercial signs shall not be lighted. [Source: 18.60.055.D]

18.80.100 Standards for Other Types of Temporary Commercial Signs A. Temporary Commercial Wall Signs. A Temporary Sign Permit may be approved for a temporary commercial wall sign if all the following standards are met: [Source: 18.60.057.A]

1. Sign Area. The temporary wall sign area shall not exceed a maximum of 25 square feet. Buildings with a frontage more than 100 linear feet, the maximum temporary wall sign area may be increased at the discretion of the Zoning Administrator, not to exceed the maximum sign area allowed under Section 18.80.060 (Maximum Sign Area). [Source: 18.60.057.A.1]

2. Sign Width. The temporary wall sign width shall not exceed two-thirds of the width of the storefront. [Source: 18.60.057.A.2]

3. Number of Signs. No more than two temporary wall signs shall be displayed at any one time, and they shall not face in the same direction. [Source: 18.60.057.A.3]

4. Attachment. The temporary wall sign shall be securely attached to a wall, fascia, or window of the structure. [Source: 18.60.057.A.4]

5. Duration. The Temporary Sign Permit shall not allow a temporary wall sign to be displayed for more than 20 calendar days, six times each calendar year. [Source:

18.60.057.A.5]
Item 10.1
City Council Meeting Agenda - Page 1316 of 2120 - Monday, April 21, 2025 Chapter 18.80 Signs
80 6. Purpose. The temporary sign is necessary to: [Source: 18.60.057.A.6] a. Advertise a special event, promotion, sale, or other temporary activity; [Source: 18.60.057.A.6.a]
b. Maintain identity while a Sign Permit application is pending and until a permanent sign is erected; [Source: 18.60.057.A.6.b]
c. Warn of a temporary, dangerous condition; or [Source: 18.60.057.A.6.c] d. Advertise a temporary use allowed by a Temporary Use Permit. [Source:

18.60.057.A.6.d]
B. Other Commercial Temporary Signs. A Temporary Sign Permit may be issued for a flashing sign, searchlight, flag, pennant, streamer, spinner, air blown, or similar device. For these types of signs, the Temporary Sign Permit may be issued for no more than seven days, six times per calendar year. [Source: 18.60.057.C]

18.80.110 Master Sign Program
A. General Requirement. A site with more than four nonresidential tenants or proposing a renovation of more than 5,000 square feet shall have an approved Master Sign Program in accordance with Chapter 18.140 (Master Sign Program) before issuance of any occupancy permit and before any permanent sign is placed or modified. [Source: 18.60.080.A] The owner of an existing development may submit a Master Sign Program to be reviewed and approved by the Architectural Review Commission. [Source: 18.60.080.A] B. Variations. A Master Sign Program may include certain variations from the standards of this Chapter subject to the following: [Source: 18.60.080.B]

1. The Master Sign Program shall conform to the maximum sign area requirements of Section 18.80.060 (Maximum Sign Area). The Architectural Review Commission may allow an increase in maximum wall sign area for individual tenants, provided that the overall allowable wall sign area for the project site is not exceeded. In addition, for a multiple building site, sign area may be transferred from one building frontage to another if the transfer does not exceed 50 percent of the area allowed for a particular frontage or tenant; [Source: 18.60.080.B.1]

2. The Master Sign Program may allow more than one freestanding sign per lot; [Source:

18.60.080.B.2]

3. The Master Sign Program may allow for decorative, “nongeneric,” temporary freestanding signs (such as “A” or “H” frames, menu boards, and small temporary promotional signs) on the premise. In the Downtown Specific Plan area, such signs may be allowed in the public right-of-way subject to review and approval by the City Engineer. Such temporary freestanding signs shall comply with the following standards:
a. Be limited to locations that would not impair or obstruct public access, disabled access, parking, loading, and/or required intersection or driveway visibility.

Item 10.1
City Council Meeting Agenda - Page 1317 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – April 2025
81 b. Not be permanently attached to the ground or any other fence, wall or structure.
c. The design, size, location, number, and spacing of such signs are subject to Architectural Review Commission approval. [Source: 18.60.080.B.3]

4. Conflicting Standards. In the case that the Master Sign Program has more restrictive requirements, including methods of measurement, than prescribed by this Chapter, the Master Sign Program shall be controlling. [Source: 18.60.080.B.4]

18.80.120 Minor Sign Adjustment
A. The Architectural Review Commission may approve minor adjustments involving not more than a 20 percent change from any provision of this Chapter as part of approval of a Sign Permit, except that a greater number of signs is not allowed. [Source: 18.60.090.A] B. Before approval of a minor adjustment, the Architectural Review Commission shall find that the adjustment complies with all the following standards: [Source: 18.60.090.B]

1. Is consistent with the intent of the specific purposes of this Chapter; [Source:

18.60.090.B.1]

2. Will not adversely affect adjacent properties or tenants; and [Source: 18.60.090.B.2]

3. Is necessary due to practical difficulties involved in the strict application of the standards of this Title to the project site or would result in a superior, more creative design. [Source: 18.60.090.B.3]

18.80.130 Major Sign Adjustment
A. The Planning Commission may approve major adjustments involving more than a 20 percent change from any provision of this Chapter through approval of a Use Permit. [Source:

18.60.100.A]
B. Before approval of a Use Permit for a major sign adjustment, the Planning Commission shall make the following findings in addition to the findings required by Chapter 18.145 (Use Permits): [Source: 18.60.100.B]

1. The adjustment is consistent with the intent of the specific purposes of this Chapter; [Source: 18.60.100.B.1]

2. The adjustment will not adversely affect adjacent properties or tenants; and [Source:

18.60.100.B.2]

3. The adjustment is necessary due to practical difficulties involved in the strict application of the standards of this Title to the project site or would result in a superior, more creative design. [Source: 18.60.100.B.3]

18.80.140 Maintenance, Abandonment, and Obsolete Signs
A. Maintenance. Each sign shall be: [Source: 18.60.070.A]

1. Maintained in a secure and safe condition; [Source: 18.60.070.A]

2. Maintained in good repair; and [Source: 18.60.070.A] Item 10.1
City Council Meeting Agenda - Page 1318 of 2120 - Monday, April 21, 2025 Chapter 18.80 Signs
82 3. Cleaned, painted, and replaced as necessary to present a neat appearance. [Source:

18.60.070.A]
B. Abandoned or Obsolete Sign. An on-premises sign advertising an activity, business, service or product shall be removed within 45 calendar days after a business is no longer in operation. If the sign is not so removed, the code enforcement officer may have the sign removed in accordance with the public nuisance abatement provisions of Pleasant Hill Municipal Code Chapter 7.05, and the property owner will be held responsible for the cost of removal. Any prior exceptions, adjustments, modifications or variances granted for the abandoned or obsolete sign are void 45 calendar days after the business is no longer in operation. [Source:

18.60.070.B]

18.80.150 Enforcement
A. If the City determines that a sign is not secure, safe, or in a good state of repair, it shall give written notice to the person responsible for the sign. If the defect is not corrected within the time allowed by the City, the City may revoke the Sign Permit or Temporary Sign Permit to maintain the sign and may remove the sign in accordance with the public nuisance abatement provisions of Chapter 7.05 (Public Nuisances). [Source: 18.60.070.A] B. Illegal Signs. An illegal sign is any sign in violation of this Chapter including, but not limited to, the following: [Source: 18.60.120.A]

1. A sign erected or displayed without a Sign Permit, unless the sign is exempt under Section 18.80.040 (Exempt Signs); [Source: 18.60.120.A.1]

2. A sign which is prohibited under Section 18.80.050 (Prohibited Signs); [Source:

18.60.120.A.2]

3. A sign which is a danger to the public or which is unsafe; [Source: 18.60.120.A.3]

4. A sign which is not properly maintained, abandoned, or obsolete under Section

18.80.140 (Maintenance, Abandonment, and Obsolete Signs); or [Source:

18.60.120.A.4]
C. Abatement.

1. An illegal sign violates this Zoning Ordinance and is considered a public nuisance and may be abated in accordance with any enforcement procedure established in Chapter

18.185 (Enforcement), or the public nuisance abatement procedures established in Chapter 7.05 (Public Nuisances). The cost of abatement is the responsibility of the owner. Each person who erects or maintains a sign which is subject to removal is jointly and severally liable for the cost of removal. [Source: 18.60.120.B]

2. In addition to all other remedies, the City has a lien upon the sign which it removes for the cost of removal and may, but is not required to, keep possession of the sign until the owner redeems it by paying the cost of removal. The City may dispose of the sign 30 calendar days after removal without further liability to the owner by giving the owner notice that the owner may redeem the sign by paying the cost of removal. [Source:

18.60.120.B]
Item 10.1
City Council Meeting Agenda - Page 1319 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.80 Revised Preliminary Draft – April 2025
83 3. An illegal sign on public property may be summarily removed without prior notice to the owner. [Source: 18.60.120.C]
Item 10.1
City Council Meeting Agenda - Page 1320 of 2120 - Monday, April 21, 2025 Chapter 18.90 Tree Preservation
84 Chapter 18.90
Tree Preservation
Item 10.1
City Council Meeting Agenda - Page 1321 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – April 2025
85 Chapter 18.90 Tree Preservation
Sections

18.90.010 Purpose and Applicability

18.90.020 Definitions

18.90.030 Permit Required

18.90.040 Exemptions

18.90.050 Preservation and Replacement Plan

18.90.060 Performance Security

18.90.070 Heritage Trees

18.90.080 Conditions of Approval

18.90.090 Penalties

18.90.100 Referral

18.90.110 Tree Removal Permit Expiration

18.90.120 Appeals

18.90.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish standards to protect and preserve trees throughout the City by identifying clear processes and procedures for the removal and replacement of trees.

B. Applicability. The standards of this Section apply to any person, firm, corporation, private or public utility, or governmental entity responsible for the removal, relocation, alteration, damage, or demolition of a protected tree or heritage tree. City initiated projects shall also be subject to the provisions of this Chapter unless specifically exempted by the City Council. [Source:

18.50.110.A]

18.90.020 Definitions
The following definitions apply to the standards of this Chapter.

A. Damage. Damage means any intentional action or gross negligence, which causes injury, death or disfigurement of a tree. Actions include, but are not limited to, cutting, girdling, poisoning, overwatering, soil compaction, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline or tree protection zone (if specified) of a tree.

B. Dead Tree. Dead tree means a tree that is dead or that has been damaged beyond repair or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs, or branches exist to sustain life) and has been determined to be such by the Zoning Administrator.

Item 10.1
City Council Meeting Agenda - Page 1322 of 2120 - Monday, April 21, 2025 Chapter 18.90 Tree Preservation
86 C. Excessive Trimming. Excessive trimming means any of the following and is a prohibited act that constitutes removal:

1. Removing more than 25 percent, of the functioning leaf, stem, or root area within 12 months. Excessive trimming is potentially injurious to the tree resulting in the tree appearing as a “bonsai,” “lion’s tailed,” or “lolly-popped,” or overly thinned.

2. Removal of the leaf or stem area predominantly on one side, topping, or excessive tree canopy or crown raising. Exceptions may be considered by the Zoning Administrator subject to review and approval of a tree removal when such trimming is determined by the Zoning Administrator to be the only feasible way to provide necessary clearance from overhead utilities or public improvements or to abate a hazardous condition or public nuisance, or when the trimming is recommended by a certified arborist due to the health and/or structure of the tree.

3. The cutting of any root two inches or greater in diameter and/or severing more than 25 percent of the roots and/or pruning not in compliance with ANSI A-300, Part I pruning standard for trees, or the International Society of Arboriculture Pruning Best Management Practices (latest available revision of each).

D. Hazardous Tree. A hazardous tree is considered one that possesses a structural defect which poses an imminent risk if the tree or part of the tree that would fall on someone or something of value. Structural defect means any structural weakness or deformity of a tree or its parts.

E. Tree Removal. Tree removal means any of the following:

1. Complete tree removal such as cutting to the ground or extraction of the tree; and

2. Taking any action foreseeably leading to the death of a tree or permanent damage to its health or structural integrity, including but not limited to excessive trimming, cutting, girdling, poisoning, over-watering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree.

F. Tree Protection Zone (TPZ). The TPZ is a restricted activity zone where soil disturbance, storage or parking of vehicles, storage of any other materials or chemicals, and/or alteration of drainage is not allowed, unless otherwise approved by the City. The project arborist or a City arborist shall designate the area of the TPZ with a temporary fenced tree enclosure designed to protect the tree and its roots from disturbance. Within the TPZ, roots that are critical for tree survival are typically found in the upper three-foot soil horizon and may extend beyond the dripline of the tree.

18.90.030 Permit Required
A. General Requirements. No person, firm, corporation, private or public utility, or governmental entity shall remove, relocate, excessively trim, damage, or demolish a protected tree or heritage tree before obtaining a tree removal permit from the Zoning Administrator or approval from another applicable City decision-making body. [Source: 18.50.110.A] B. Protected Trees. For the purposes of this Chapter, all of the following are classified as “protected trees”: [Source: 18.50.110.A.1]
Item 10.1
City Council Meeting Agenda - Page 1323 of 2120 - Monday, April 21, 2025 Part 3 – Regulations Applicable to All Zoning Districts Chapter 18.90 Revised Preliminary Draft – April 2025
87 1. Any native oak tree or indigenous tree with a trunk diameter measurement of nine inches or larger. Indigenous trees include but are not limited to: Alnus Oregona (Red Alder), Acer Macrophyllum (Bigleaf Maple), Aesculus Californica (California Buckeye), Arbutus Menziesii (Madrone), Umbellularia Californica (California Bay or Laurel), Juglans Hindsii (California Black Walnut), Platanus Racemosa (California Sycamore), or Sambucus Mexicana (Elderberry). The California Native Plant Society’s Calscape list of indigenous/native trees for the Bay Area can be referenced to determine whether a tree is considered native or indigenous to the region. [Source: 18.50.110.A.1.a and

18.50.110.A.1.b]

2. Nonnative trees, excluding Eucalyptus and Palm trees with a trunk diameter measurement of 18 inches or larger. Nonnative trees include species such as Sequoia Sempervirens (Coastal Redwood), Pinus Canariensis (Canary Island Pine), Pinus Halepensis (Aleppo Pine), Pinus Pinea (Italian Stone Pine), Pinus Radiata (Monterey Pine), Ulmus Americana (American Elm), Ulmus Parvifolia (Chinese Elm), Ulmus Pumila (Siberian Elm), Liquidambar Styraciflua (American Sweet Gum), Cedrus Deodara (Deodar Cedar), Cedrus Atlantica (Atlas Cedar), Fraxinus Uhdei (Shamel Ash), Fraxinus American (White Ash), Fraxinus Augustifolia (Raywood Ash), Cupressus (Cypress species), Morus Alba (Fruit/Fruitless Mulberry), Chinese Pistache, Robinia Pseudoacacia (Black Locust), Pyrus Calleryana (Bradford Pear), Cinnamomum Camphora (Camphor). [Source: 18.50.110.A.1.c]

3. Any tree shown to be preserved on an approved tentative map, development, or site plan or required to be retained as a condition of approval or environmental mitigation measure. [Source: 18.50.110.A.1.d]

4. Any tree required to be planted as a replacement for an unlawfully removed tree. [Source: 18.50.110.A.1.e]

5. Any tree designated as a “heritage tree” in compliance with Section 18.90.070 (Heritage Trees). [Source: 18.50.110.A.1.f]
Note: See subsection G of this Section for definition of trunk diameter measurement. [Source: 18.50.110.A.1.f]
C. Trunk Diameter Measurement. For the purposes of this Chapter, the trunk diameter shall be measured using the following parameters: [Source: 18.50.110.G.6]

1. Point of measurement shall start at 54 inches (DBH) above the existing ground surface adjacent to the trunk of the tree. [Source: 18.50.110.G.6]

2. The width of the tree shall be measured from one side of the trunk to the opposite side, or alternatively, measure the circumference of the tree’s trunk (in inches) and divide by Pi (3.14). [Source: 18.50.110.G.6]

3. For trees located on a slope, the trunk diameter shall be measured from the midpoint between the lowest and highest point of existing grade adjacent to the tree trunk. [Source: 18.50.110.G.6]
Item 10.1
City Council Meeting Agenda - Page 1324 of 2120 - Monday, April 21, 2025 Chapter 18.90 Tree Preservation
88 4. For trees with more than one trunk, the combined diameter of all trunks measured at 54 inches (DBH) above the ground shall be the diameter of that individual tree. [Source:

18.50.110.G.6]
Figure 18.90-__: Tree Trunk Diameter Measurements
D. Arborist Report Required. Any application for a tree removal permit shall include a letter report prepared by a certified arborist addressing the health/condition of the tree, the rationale for removal, the feasibility of any alternatives to removal, and any recommendations for replacement trees. [Source: 18.50.110.A.2]
E. Criteria for Tree Removal Review. The Zoning Administrator, or other applicable review authority, shall consider the following factors in determining whether to approve the removal of a tree(s): [Source: 18.50.110.A.3]

1. Health or physical condition of the tree; [Source: 18.50.110.A.3.a]

2. Any potential hazard or any risk presented by the tree determined using the ANSI A300, part 9 Standard for Tree Risk Assessment; [Source: 18.50.110.A.3.b] Item 10.1
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89 3. Whether the tree is causing a public nuisance and/or a public safety hazard; [Source:

18.50.110.A.3.c]

4. Potential for the tree to be a detriment to other protected trees due to its location, overcrowding, or its health; [Source: 18.50.110.A.3.d]

5. Evidence of significant damage to property caused, or likely to be caused, by the tree; [Source: 18.50.110.A.3.e]

6. Any potential historic or cultural significance of the tree; [Source: 18.50.110.A.3.f]

7. Whether the tree substantially inhibits sunlight necessary for the operation of active or passive solar heating, cooling or energy generation and trimming or thinning is not a feasible alternative to removal; [Source: 18.50.110.A.3.g]

8. Whether the tree is obstructing proposed improvements that cannot be reasonably designed to avoid tree removal; [Source: 18.50.110.A.3.h]

9. Whether the tree is located in close proximity to a structure in a high fire hazard area and removal is necessary to create defensible space per applicable fire safety laws, regulations or Fire District requirements; [Source: 18.50.110.A.3.i]

10. Whether preservation of the tree(s) would render a site undevelopable, and the Planning Commission or City Council has determined that no economically viable use can be made of underlying or adjacent property if the tree is not removed and that every reasonable effort has been made to retain the tree; [Source: 18.50.110.A.3.j]

11. Feasibility of alternatives to removal of the tree (for example, depending on the circumstances, abandonment in place of a natural gas pipeline that is over 30 years old and relocation of the pipeline may be deemed a feasible alternative); [Source:

18.50.110.A.3.k]

12. Any other circumstances deemed relevant by the Zoning Administrator or other review authority based on site conditions, technical analyses, and/or the location of the tree. [Source: 18.50.110.A.3.l]
F. Third-Party Peer Review Arborist. When deemed necessary by the Zoning Administrator or other applicable review authority, a third-party peer review prepared by a certified arborist, board certified master arborist, or registered consulting arborist may be required (at the cost of the applicant) to perform one or more of the following analyses: [Source: 18.50.110.A.4]

1. Review the applicant’s arborist report and/or tree preservation and replacement plan, [Source: 18.50.110.A.4]

2. Physically inspect and evaluate the tree(s) proposed for removal, [Source:

18.50.110.A.4]

3. Provide a written analysis to include the peer review arborist’s findings and recommendations, or [Source: 18.50.110.A.4]

4. Provide recommendations regarding tree replacement. [Source: 18.50.110.A.4] G. Replacement Trees Required. [Source: 18.50.110.A.5]
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90 1. Replacement Ratios. Unless otherwise specified by the Zoning Administrator or other applicable review authority, the replacement ratios for tree removal shall be as follows:
[Source: 18.50.110.A.5.a]
a. A protected native or indigenous tree approved for removal shall be replaced by at least two 15-gallon trees on the project site. [Source: 18.50.110.A.5.a.i] b. A protected nonnative tree approved for removal shall be replaced by at least one 15-gallon tree on the project site. [Source: 18.50.110.A.5.a.ii] c. In addition to the requirements in Subparagraphs a and b of this Subsection, removal of any protected tree, as part of an areawide program and/or discretionary development plan, that is located within or adjacent to the public right-of-way along Contra Costa Boulevard or within or adjacent to the Iron Horse Trail, may also be subject to additional mitigation requirements to address potential adverse communitywide social, economic, or environmental impacts of tree removals. Adverse impacts (individual or cumulative) that may require additional mitigation may include, but not limited to, biological values, aesthetics, loss of shade, economic vitality, air quality, vehicle speed, community identity, and other similar factors, resulting directly or indirectly from tree removal and the substantial length of time required for replacement trees to reach the same level of maturity and therefore provide the same functionality and benefits as the trees that are removed. [Source:

18.50.110.A.5.a.iii]

2. Replacement Tree Species. The species of the replacement trees shall be approved by the Zoning Administrator or other applicable review authority. [Source:

18.50.110.A.5.b]

3. Off-Site Replacement. Off-site tree replacement may be considered if the project site already has a significant mature tree population, to prevent overcrowding or infringement on existing structures. Adequate provisions for maintenance of the replacement tree shall be specified, subject to approval by the Planning Commission. [Source: 18.50.110.A.5.c]

4. Replacement Infeasible. If it is determined that on-site or off-site replacement of trees is not currently feasible due to lack of adequate space on site or lack of a suitable and available off-site location, the applicable review authority may, at its discretion, allow one of the following alternatives
a. Have the applicant to pay an in lieu fee to the City for provision of off-site trees at the ratio recommended in Paragraph G.1. The in lieu fee shall be based on the estimated value of the replacement tree(s) including any installation and maintenance costs and shall be approved by the applicable review authority. b. For a tree removal on a single-family residential property, the review authority may reduce or waive the tree replacement requirement, as appropriate.

Item 10.1
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91 c. Require additional mitigation measures for each tree removed within or adjacent to Contra Costa Boulevard and/or within or adjacent to the Iron Horse Trail (see Subparagraph c of Paragraph G.1). [Source: 18.50.110.A.5.d]

5. Maintenance. Replacement trees shall be properly maintained by the permittee to ensure their survival. [Source: 18.50.110.A.5.e]
a. Replacement trees on single-family residential sites shall be maintained for a minimum of two years after planting. [Source: 18.50.110.A.5.e] b. Replacement trees on all other sites shall be maintained as noted in any landscape maintenance agreement and/or City approved landscape plan or tree preservation and replacement plan applicable to the site. [Source:

18.50.110.A.5.e]

18.90.040 Exemptions
A Tree Removal Permit is not required before removal of a protected tree under any of the following circumstances: [Source: 18.50.110.B]
A. Removal is determined necessary by Contra Costa Fire Protection District personnel actively engaged in fighting a fire. [Source: 18.50.110.B.1]
B. Removal of trees on property owned by the Pleasant Hill Recreation and Park District. [Source:

NEW]
C. Immediate removal is required to prevent imminent danger to life or property, such as with a “hazardous tree” as defined in Section 18.90.020 (Definitions) or if necessary to restore utility service within 48 hours of a storm, and the City Manager or their designee has been notified of the removal at the earliest opportunity, and it is not feasible to obtain a permit before removal.

In the case of immediate removal, a tree removal permit shall be submitted within five days following removal to ensure that the provisions of this Chapter and any other applicable provisions of the Municipal Code or applicable land use entitlements are satisfied. [Source:

18.50.110.B.2]
D. The tree is held for sale as part of a licensed nursery business. [Source: 18.50.110.B.3] E. The tree(s) are designated as “To Be Removed” on an approved subdivision map (tentative map or parcel map) or development plan provided that the tree removal has been reviewed and approved by the decision-making body for the subdivision map and/or development plan based on the criteria in Subsection E and a tree preservation and replacement plan has been approved in accordance with Section 18.90.050 (Preservation and Replacement Plan). [Source: 18.50.110.B.4]
F. The Zoning Administrator determines that the tree is dead.

1. The Zoning Administrator may require submittal of a report from a licensed arborist if deemed necessary to verify the condition of the tree.

2. A fee shall not be required for a determination by the Zoning Administrator that a tree is dead.

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92 3. Dead trees that are removed shall not require replacement unless located on a site with a City-approved landscape plan or landscape maintenance agreement, in which case, the dead tree shall be replaced on a 1:1 basis. [Source: 18.50.110.B.5, modified] G. Tree trimming that does not constitute “excessive trimming” as defined in Section 18.90.020 (Definitions). [Source: 18.50.110.B.6]
H. A governmental entity or a public or private utility determines the removal of a tree(s) is exempt from this Chapter by Federal or State law, regulation, or administrative order. A copy of such statute, regulation, or order shall be provided to the Zoning Administrator for approval. [Source:

18.50.110.B.7]

18.90.050 Preservation and Replacement Plan
A. General Requirements. A tree preservation and replacement plan prepared by a State licensed or certified professional shall be submitted when:

1. A discretionary land use entitlement application includes removal of protected trees.

This provision does not apply to an entitlement involving only one single-family residence where the Zoning Administrator may administratively require tree protection measures as needed if a proposed development has the potential to adversely impact a protected tree.

2. Required by the Zoning Administrator or other applicable review authority as a condition of a Tree Removal Permit approval.

B. Content Requirements. The tree preservation and replacement plan shall be subject to the review and approval of the Zoning Administrator or other applicable city decision making body and shall include: [Source: 18.50.110.C]

1. A map and inventory showing the location, species, health rating, size, and a unique tree number for all trees on the site. The trees to be removed, relocated, or demolished shall be labeled “To Be Removed” or marked with an “X” and the inventory shall indicate by notation why removal of each tree is necessary based on the criteria included in Subsection E of Section 18.90.030 (Permit Required). [Source:

18.50.110.C.1]

2. A report from a certified arborist, board certified master arborist, or registered consulting arborist describing the condition of all existing trees, the anticipated impacts of grading, trenching, and construction on the protected trees and recommending specific protective measures to be implemented before commencement of grading or construction to minimize potential adverse impacts on protected trees. The report shall designate TPZs for each protected tree and/or group of protected trees that are proposed to remain on-site and the additional measures such as protective fencing, staking, and signage necessary to avoid inadvertent damage to protected trees during grading and construction. All required tree protection measures shall also be included with the grading and/or construction documents for the development. [Source:

18.50.110.C.2]

3. A replanting plan prepared by a licensed landscape architect or other professional approved by the City for replacement of each tree removed as required by the Zoning Item 10.1
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93 Administrator or other applicable City decision-making body. The planting plan shall include replacement trees as required in accordance with Subsection G and shall conform with ANSI A-300 Standard Part XXX (Planting). [Source: 18.50.110.C.3]

4. Provisions to ensure ongoing maintenance of any required replacement trees. [Source:

18.50.110.C.4]

18.90.060 Performance Security
To ensure the safety and well-being of existing protected trees that may be impacted by grading or construction and/or any replacement trees required to be planted in accordance with this Chapter, the Zoning Administrator or other applicable review authority may, at its discretion, require an applicant to post a cash deposit or other performance security acceptable to the City guaranteeing that each such tree will be protected against harm from grading or construction and will be adequately maintained. The performance security shall be posted with the Zoning Administrator before issuance of grading permits and shall be governed by the following provisions: [Source: 18.50.110.D] A. The Zoning Administrator shall establish the amount of the performance security which shall be equal to the estimated value of the protected trees. [Source: 18.50.110.D.1] B. The performance security shall remain in effect for a period of five years, or two years for singlefamily residential sites following the date of final inspection and acceptance of the development project by the City. [Source: 18.50.110.D.2]
C. The performance security shall provide that if the City determines that a protected tree has been removed, permanently damaged, or destroyed due to development activity during the effective period of the performance security, the City is entitled to recover the face amount of the performance security. [Source: 18.50.110.D.3]
D. At the expiration of the effective period of the performance security, if the city determines that the protected trees have not been removed, permanently damaged, or destroyed due to development activity, the performance security shall be refunded, or the surety bond terminated. [Source: 18.50.110.D.4, modified]

18.90.070 Heritage Trees
Notwithstanding any other provisions of this Chapter, a tree which is enrolled in the City’s Heritage Tree Program may not be removed, relocated, damaged, or demolished, and no permit or tree preservation and replacement plan authorizing such action may be issued, unless the Zoning Administrator or other applicable City decision-making body determines that the tree poses a hazard to property or danger of disease or infection to surrounding healthy trees. [Source: 18.50.110.E, modified] A. Eligibility. Any native or indigenous tree in the city with a trunk diameter measurement of 16 inches or more or any tree grouping in the city with at least one tree of this diameter is eligible for enrollment in the Heritage Tree Program, with the consent of the property owner. [Source:

18.50.110.E.1]
B. Enrollment. The Zoning Administrator shall review and approve applications for enrollment in the Heritage Tree Program unless an eligible tree or tree grouping is unhealthy and cannot be saved. Upon approval of an application, the Zoning Administrator shall: [Source: 18.50.110.E.2] Item 10.1
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94 1. Record the location and the plant number of each tree or tree grouping. [Source:

18.50.110.E.2.a]

2. Obtain a color photograph of the tree or tree grouping at the time of its enrollment. [Source: 18.50.110.E.2.b]

3. Affix a plaque on the tree or tree grouping identifying: [Source: 18.50.110.E.2.c] a. The scientific name of the tree(s); [Source: 18.50.110.E.2.c.i] b. The common name of the tree(s); [Source: 18.50.110.E.2.c.ii] c. The plaque number (i.e., Heritage Tree No. ____); and [Source:

18.50.110.E.2.c.iii]
d. The name of the owner. [Source: 18.50.110.E.2.c.iv]

4. Award a certificate to each property owner enrolling a tree or tree grouping in the program, expressing the appreciation of the City and its citizens. [Source:

18.50.110.E.2.d]

18.90.080 Conditions of Approval
The Zoning Administrator or other applicable review authority may impose reasonable conditions of approval on a tree removal permit, consistent with the purposes of this Chapter, to ensure safe and unobtrusive tree removal, replacement, relocation, and demolition; maintenance of replacement trees; and protection of trees not approved to be removed. It shall be a violation of this Chapter for any property owner or agent of the owner to fail to comply with any condition of approval or other requirement in accordance with this Chapter. [Source: 18.50.070.F]

18.90.090 Penalties
In addition to all other remedies established in the municipal code or otherwise provided by law, the following remedies shall be available to the City for violation of this Chapter: [Source: 18.50.110.H] A. For unlawful removal or damage of a native oak tree or heritage tree, a civil penalty may be imposed at the discretion of the City in an amount not to exceed $1,000 per tree unlawfully removed or damaged, or the replacement value of each such tree. Such amount shall be payable to the City. Failure to pay this penalty may result in imposition of a lien or special assessment on the property in the amount of the penalty and any additional costs incurred by the City in addressing the violation. [Source: 18.50.110.H.1] B. Replacement value for the purposes of this Section shall be determined utilizing “trunk formula method” as specified in the most recent edition of the Guide for Plant Appraisal, published by the International Society of Arboriculture. [Source: 18.50.110.H.1]

18.90.100 Referral
The Zoning Administrator may refer any tree removal permit application directly to the Planning Commission (or Architectural Review Commission if the removal is on a site with a landscape plan previously approved by the Architectural Review Commission). [Source: 18.50.110.I] Item 10.1
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95 18.90.110 Tree Removal Permit Expiration
An approved Tree Removal Permit shall be valid for a period of 12 months from the approval date, unless the tree is removed, or the permit is renewed by the Zoning Administrator or other review authority that originally approved the permit. [Source: 18.50.110.J]

18.90.120 Appeals
Any decision to approve or deny a Tree Removal Permit may be appealed by the applicant or any interested party in accordance with the procedures specified in Chapter 18.175 (Appeals and Calls for Review). [Source: 18.50.110.K]
Item 10.1
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96 Chapter 18.95
Water-Efficient Landscaping
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97 Chapter 18.95 Water-Efficient Landscaping
Sections

18.95.010 Purpose and Applicability

18.95.020 Forms – Zoning Administrator Review

18.95.030 Submittal Requirements

18.95.040 Water-Efficient Landscape Standards

18.95.050 Landscape Plan Requirements

18.95.060 Landscape Water Irrigation Audit

18.95.070 Certifications

18.95.080 Landscape and Irrigation Maintenance Schedule

18.95.090 Provisions for Existing Landscaping

18.95.100 Disclosures

18.95.110 Fees

18.95.120 Irrigation Efficiency

18.95.130 Reporting

18.95.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish standards for landscape design and development that employ water-efficient design and management in a citywide effort to conserve water, because water is a limited resource which must be managed and used efficiently. Efficient water use can be increased through proper landscape design and management. The right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use The regulations of this Chapter are established in compliance with State law that requires all California jurisdictions to either adopt the State model waterefficient landscape ordinance or adopt a local ordinance that is at least as effective as the State ordinance. This Chapter conforms to the requirements of the State Water Conservation in Landscaping Act (Government Code Sections 65591 through 65599) and is at least as effective as the updated State model ordinance [Source: 18.52.010] B. Applicability. This Chapter applies to the following landscaping projects: [Source: 18.52.030]

1. A water-efficient landscape plan approval is required projects in all zoning districts that:
a. Propose the creation of 500 square feet or more of landscape area proposed in conjunction with a Zoning Permit, Building Permit, Grading Permit, Plan Check, or Architectural Review Permit. [Source: 18.52.030.A] Item 10.1
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98 b. Propose the rehabilitation of 2,500 square feet or more of landscaping proposed in conjunction with a Zoning Permit, Building Permit, Grading Permit, Plan Check, or Architectural Review Permit. [Source: 18.52.030.B]

2. For projects using treated or untreated graywater or rainwater captured on site, any lot within the project that has less than 2,500 square feet of landscape and meets the lot’s landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Section E of the Prescriptive Compliance Option maintained by the Zoning Administrator. [Source: 18.52.030.C]

3. Any project with an aggregate landscape area of 2,500 square feet or less, and proposed in conjunction with a Zoning Permit, Building Permit, Grading Permit, Plan Check, or Architectural Review Permit, may comply with either the requirements of this Chapter or with the Prescriptive Compliance Option maintained by the Zoning Administrator. [Source: 18.52.030.D]

4. Section 18.95.090 (Provisions for Existing Landscaping) and Section 18.95.100 (Disclosures) apply to existing landscaping. [Source: 18.52.030.E]

5. The standards of this Chapter do not apply to: [Source: 18.52.030.G] a. A landscaped area that is only temporarily irrigated for establishment purposes, or a landscaped area that is not irrigated with a permanent irrigation system. [Source: 18.52.030.G.1]
b. Registered local, State, or Federal historical sites, as determined by the Planning Commission or City Council. [Source: 18.52.030.G.2] c. An existing community garden, botanical garden or arboretum open to the public. [Source: 18.52.030.G.3]
C. Landscaped Area. For the purposes of this Chapter, decorative hardscape, mulch, and/or pervious pavement areas in all nonresidential zoning districts shall be treated as landscape areas (credited for up to 50 percent of required project landscaped area subject to Architectural Review Commission or Planning Commission approval) as part of a proposed project. [Source:

18.52.030.F]

18.95.020 Forms – Zoning Administrator Review
A. Forms. The Zoning Administrator shall develop detailed application and certification requirements consistent with 43 Cal. Code of Regs. § 490 et seq., including but not limited to:
[Source: 18.52.040.A]

1. Definitions (Appendix A to this Chapter); [Source: 18.52.040.A.1]

2. Water efficient landscape worksheet (Appendix B to this Chapter); [Source:

18.52.040.A.2]

3. Certificate of compliance: landscape design sheet (Appendix C to this Chapter); [Source: 18.52.040.A.3]
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99 4. Certificate of compliance: landscape installation sheet (Appendix D to this Chapter); [Source: 18.52.040.A.4]

5. Certificate of compliance: landscape maintenance sheet (Appendix E to this Chapter); [Source: 18.52.040.A.5]

6. Prescriptive compliance option (Appendix F to this Chapter). [Source: 18.52.040.A.6] B. Zoning Administrator Review. A Water-Efficient Landscape Plan, when applicable, shall be reviewed in conjunction with any applicable zoning approval, Building Permit, Architectural Review Permit, Development Plan, Planned Unit Development, Use Permit, or Subdivision.

The Zoning Administrator shall review each water-efficient landscape plan submittal for compliance with the provisions of this Chapter and may withhold issuance of a Zoning Permit, Building Permit, or Grading Permit for which its related landscape plan indicates an estimated total water use that exceeds the maximum applied water allowance for a proposed landscape, or is otherwise not in compliance with this Chapter. [Source: 18.52.040.B]

18.95.030 Submittal Requirements
A. General Requirements. An applicant requesting approval for any project that is subject to this Chapter shall submit a Water-Efficient Landscape application package, on forms provided by the Planning Division, before any grading or construction can begin on the proposed site. The landscape application package shall include all the following: [Source: 18.52.050.A, modified]

1. A project information sheet identifying the applicant’s name and description of the project, including location, type of development, source of irrigation water, total landscape area, and area of landscape to be rehabilitated. [Source: 18.52.050.A.1]

2. Certifications as required in Section 18.95.070 (Certifications). [Source: 18.52.050.A.2]

3. Water efficient landscape worksheet with calculations of the maximum applied water allowance and estimated total water use of the proposed landscape plan. [Source:

18.52.050.A.3]

4. Landscape and irrigation plan prepared in accordance with Section 18.95.040 (WaterEfficient Landscape Standards) and Section 18.95.050 (Landscape Plan Requirements). [Source: 18.52.050.A.4]

5. Maintenance schedule prepared consistent with the provisions of Section 18.95.080 (Landscape and Irrigation Maintenance Schedule). [Source: 18.52.050.A.5]

6. Soil management report. [Source: 18.52.050.A.6]
B. Waiver for Low Water Use Landscapes. The Zoning Administrator may waive the requirement for submittal of the water efficient landscape worksheet required by this Section; provided, that the landscape plan meets all the following requirements: [Source: 18.52.050.B]

1. Does not include any water features with more than 100 square feet of total surface area. [Source: 18.52.050.B.1]

2. Does not include any turf or other plants identified as medium or high water use in Water Use Classification of Landscape Species (WUCOLS), unless they qualify as special landscape area. [Source: 18.52.050.B.2]
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18.95.040 Water-Efficient Landscape Standards
The proposed landscape shall be creative and incorporate a variety of plantings to avoid uniformity and similar landscape designs. The landscape plan shall meet the following: [Source: 18.52.060] A. Required Elements. The landscape plan shall address all the following topics: [Source:

18.52.060.A]

1. Plant materials; [Source: 18.52.060.A.1]

2. Irrigation system design; [Source: 18.52.060.A.2]

3. Water features; and [Source: 18.52.060.A.3]

4. Grading and soil preparation. [Source: 18.52.060.A.4] B. The landscape plan shall be subject to the requirements of the Landscape Design Certificate of Compliance form maintained by the Zoning Administrator. [Source: 18.52.060.B]

18.95.050 Landscape Plan Requirements
The water-efficient landscape plan shall demonstrate that all the water-efficient landscape standards of Section 18.95.040 (Water-Efficient Landscape Standards) have been met. The plan shall include details and specifications reflecting best management practices for water-efficient landscape design. [Source: 18.52.070]
A. Planting Plan. The planting plan shall include information identified in the Landscape Design Certificate of Compliance form. [Source: 18.52.070.A]
B. Irrigation Plan. The irrigation plan shall include information identified in the Landscape Design Certificate of Compliance form. [Source: 18.52.070.B]
C. NPDES. The proposed landscape plan shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) intended to implement stormwater best management practices into the planting, irrigation, and grading plans to minimize runoff and to increase on-site retention and infiltration. [Source: 18.52.070.C]

18.95.060 Landscape Water Irrigation Audit
A landscape water audit shall be completed as specified in this Section to ensure that the installed landscape meets the requirements of this Chapter. [Source: 18.52.080] A. General Requirement. The City Landscape Irrigation Auditor or an independent third-party certified irrigation system auditor shall have an audit completed within 30 calendar days after completion of the landscape installation. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. Large projects or projects with multiple landscape installations shall complete at least one audit for every seven lots or approximately 15 percent of the project. [Source: 18.52.080.A] B. Repair or Correction. The City or independent third-party certified irrigation system auditor shall inform the applicant or owner of all the areas where the landscape project does not conform to this Chapter. This shall include, but is not limited to, all items listed on the Certificates of Compliance required for the project. The applicant or property owner shall repair or correct the Item 10.1
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noncompliance issues and the lot shall be re-audited for compliance within 30 calendar days of receipt of report from certified irrigation system auditor. [Source: 18.52.080.B]

18.95.070 Certifications
A. Applicability. Before final permit inspection or issuance of a Certificate of Occupancy for the project, the applicant shall submit completed Certificates of Compliance, on forms provided by the Planning Division, that the landscape has been designed and installed in compliance with the approved water-efficient landscape plan submittal and the requirements of this Chapter. [Source: 18.52.090]
B. Required Certificates of Compliance. The applicant shall submit completed Certificates of Compliance for all the following: [Source: 18.52.090]

1. Landscape Design. The licensed landscape architect, licensed landscape contractor, or any other person(s) authorized by law to design a landscape, who prepared the landscape design, shall complete the Landscape Design Certificate of Compliance form, certifying the landscape has been designed to comply with the criteria of this Section. [Source: 18.52.090.A]

2. Landscape Installation. The applicant shall complete the Landscape Installation Certificate of Compliance form, certifying the landscape has been installed, as specified in the landscape plans, and complies with this Section. [Source: 18.52.090.B]

3. Irrigation Installation. The certified irrigation system auditor shall complete the Landscape Installation Certificate of Compliance form certifying the landscape and irrigation system have been installed, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure, and any other factors necessary for accurate programming, as specified in the landscape plans, and comply with the criteria of this Section. [Source: 18.52.090.C]

4. Maintenance. The maintenance contractor/person for a landscape project(s) involving more than one single-family residence, or the property owner/resident for a landscape project for an individual single-family residence, shall complete the Landscape Maintenance Certificate of Compliance, certifying the landscape maintenance contractor, or person responsible for maintenance, agrees to manage the property using less water than the maximum applied water allowance. [Source: 18.52.090.D]

18.95.080 Landscape and Irrigation Maintenance Schedule The applicant shall develop a landscape maintenance specification and schedule for the landscape project that is consistent with the most recent acceptable best management practices for landscape maintenance. Schedules shall be submitted with the Landscape Maintenance Certificate of Compliance in accordance with Section 18.95.070 (Certifications) and shall specify, at a minimum: [Source:

18.52.100]
A. An annual landscape maintenance schedule including at least the following:

1. Routine inspection;

2. Auditing, adjustment, and repair of the irrigation system and its components; Item 10.1
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3. Aerating turf areas;

4. Topdressing with compost, replenishing mulch;

5. Seasonal pruning;

6. Weeding in all landscape areas; and

7. Removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. [Source:

18.52.100.A]
B. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components of greater efficiency. [Source: 18.52.100.B] C. Project shall be irrigated so that total annual water applied is less than or equal to the maximum applied water allowance (MAWA), if applicable. [Source: 18.52.100.C]

18.95.090 Provisions for Existing Landscaping
This Section applies to all landscaped areas that were installed before December 1, 2015. [Source:

18.52.110]
A. Each property owner in the city shall ensure the efficient use of landscape water and may utilize resources and services, such as irrigation surveys and landscape water use analysis, that are offered by the local retail or wholesale water utility. [Source: 18.52.110.A] B. Each property owner in the city is encouraged to prevent water waste resulting from inefficient landscape irrigation by limiting landscape irrigation to the hours between 8:00 p.m. and 10:00 a.m.; and by prohibiting runoff from the target landscape areas due to excessive irrigation run times, low head drainage, overspray, or other similar conditions where water flows onto an adjacent property, sidewalk, roadway, parking lot, or structure. Irrigation water runoff from the owner’s property is prohibited. [Source: 18.52.110.B]
C. The additional standards shall apply to existing landscapes installed prior to December 1, 2015, and over one acre in size: [Source: 18.52.110.C]

1. For landscapes that have a water meter, the property owner shall submit to the City (or with agreement with the local water district) irrigation water use analysis/audits to evaluate water use and include recommendations to reduce landscape water use to a level that does not exceed the maximum applied water allowance currently in effect. [Source: 18.52.110.C.1]

2. For landscapes that do not have a water meter, the property owner shall submit to the City (or with agreement with the local water district) irrigation water use analysis/audits to evaluate water use and include recommendations to prevent water waste. [Source:

18.52.110.C.2]

18.95.100 Disclosures
A. Model Homes. All new model homes for a single-family residential subdivision or phase of a subdivision shall have front and corner (street) side setbacks that are landscaped in accordance with the provisions of this Chapter. At least one of the model homes shall include Item 10.1
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interpretive or informational signage highlighting for visitors the water-efficient landscape principles incorporated into the site landscaping. Signs shall include information about the site water use as designed per this Chapter; specify who designed and installed the water-efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment system. The developer shall make available brochures or other written or graphic media that informs visitors and potential buyers about the principles of water-efficient landscapes, including but not limited to those principles that are described in this Chapter. [Source: 18.52.120.A] B. Architectural Guidelines. This Chapter and the State Water Conservation in Landscaping Act shall preempt any architectural guidelines or covenants, conditions, and restrictions (CC&Rs) of a common interest development which have the effect of prohibiting the use of low water use plants as a group. “Common interest development” includes a homeowner association, community apartment project, condominium, planned development, and stock cooperative. [Source: 18.52.120.B]
C. Providing Information. For a landscape project subject to this, the property owner/resident is required to provide the following information to a subsequent site landscape maintenance company, new tenant, or owner at transfer of ownership or maintenance responsibility: [Source:

18.52.120.C]

1. Irrigation controller map; [Source: 18.52.120.C.1]

2. Programming table; and [Source: 18.52.120.C.2]

3. Annual maintenance schedules based on a water budget. [Source: 18.52.120.C.3]

18.95.110 Fees
An applicant subject to this Chapter shall pay submittal fees in the amount established by resolution of the City Council. [Source: 18.52.130]

18.95.130 Reporting
The City shall report by January 31st of each calendar year to the Department of Water Resources and shall address the following: [Source: 18.52.150]
A. Note whether a single agency ordinance or a regional agency alliance ordinance was adopted, and the date of adoption or anticipated date of adoption. [Source: 18.52.150.A] B. Define the reporting period (calendar year). [Source: 18.52.150.B] C. Note if a locally modified water-efficient landscape ordinance (WELO) or the MWELO is being used. If using a locally modified WELO, how is it different than MWELO, is it at least as efficient as MWELO, and note any exemptions specified. [Source: 18.52.150.C, modified] D. Note the entity responsible for implementing the ordinance. [Source: 18.52.150.D] Item 10.1
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E. Note the number and types of projects subject to the ordinance during the specified reporting period. [Source: 18.52.150.E]
F. Note the total area (in square feet or acres) subject to the ordinance over the reporting period, if available. [Source: 18.52.150.F]
G. Note the number of new housing starts, new commercial projects, and landscape retrofits during the reporting period. [Source: 18.52.150.G]
H. Describe the procedure for review of projects subject to the ordinance. [Source: 18.52.150.H] I. Identify actions taken to verify compliance. [Source: 18.52.150.I] J. Identify enforcement measures. [Source: 18.52.150.J] K. Explain challenges to implementing and enforcing the ordinance. [Source: 18.52.150.K] L. Note educational and other needs to properly apply the ordinance. [Source: 18.52.150.L] Item 10.1
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Chapter 18.100
Wireless Telecommunications
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Chapter 18.100 Wireless Telecommunications
Sections

18.100.010 Purpose and Applicability

18.100.020 Exemptions

18.100.030 Permits Required

18.100.040 Application Submittal Requirements

18.100.050 Findings

18.100.060 General Development Standards

18.100.070 Nonconforming Provisions

18.100.080 Exceptions

18.100.090 Standard Conditions of Approval

18.100.100 Conditions of Approval for Section 6409(a) Modifications

18.100.110 Timing of Review

18.100.120 Peer Review

18.100.130 Decision

18.100.140 Revocation

18.100.150 Appeal

18.100.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish standards for antennas and wireless telecommunications facilities. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with Federal and State rules and regulations. These regulations also intend to protect neighbors from potential adverse impacts of such facilities, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards. [Source: 18.67.010] B. Applicability. The standards of this Chapter shall apply to any wireless telecommunication facilities, antennas, and structures for which land use approval is required, except for those facilities specified in Section 18.100.020 (Exemptions). [Source: NEW]

18.100.020 Exemptions
Each exempt facility listed in this Section shall fully comply with all other applicable requirements of the Municipal Code to the extent not specially exempted in this Section, including but not limited to the adopted uniform codes, including, Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code. [Source: 18.67.110]
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A. The requirements of this Chapter do not apply to antennas or antenna structures established in this Section, unless otherwise noted in this Chapter.

B. Over-the-Air Reception Devices (OTARD) Antennas. [Source: 18.67.110.A]

1. Satellite Dishes 39.37 Inches (one meter) or Less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter and are either: [Source: 18.67.110.A.1] a. Intended for the sole use of a person occupying the same lot to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite; or [Source:

18.67.110.A.1]
b. A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services. [Source: 18.67.110.A.1]

2. Non-Satellite Dishes 39.37 Inches (one meter) or Less. Non-satellite dish antennas measuring one meter or less in diameter and are either: [Source: 18.67.110.A.2] a. Intended for the sole use of a person occupying the same lot to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or [Source: 18.67.110.A.2] b. A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services. [Source: 18.67.110.A.2]

3. Television Broadcast System (TVBS) Antennas. TVBS antennas are exempt provided that all the following are true: [Source: 18.67.110.A.3] a. The antenna is located entirely on and/or above the subject property; and [Source: 18.67.110.A.3]
b. No portion of any ground-mounted antenna is within a required front setback for the main building, in front of the main building, within a required side setback of a corner lot, or adjacent to a street. [Source: 18.67.110.A.3] C. Satellite Earth Station (SES) Antennas. SES antennas measuring two meters or less in diameter located on a property within any commercial or industrial zoning district that comply with all the following provisions. SES antennas are not exempt from obtaining a Building Permit and Zoning Permit for review of placement to ensure that maximum safety is maintained. [Source: 18.67.110.B]

1. The antenna is located entirely on and/or above the subject property; and [Source:

18.67.110.B]

2. No portion of any ground-mounted antenna is within a required front setback for the main building, in front of the main building, within a required side setback of a corner lot or adjacent to a street. [Source: 18.67.110.B]
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D. Amateur Radio Antennas. Antennas and antenna structures constructed by or for FCClicensed amateur radio operators that comply with all the following provisions. Such an antenna or antenna structure is not exempt from obtaining a Building Permit and Zoning Permit for review of placement to ensure that maximum safety is maintained. [Source: 18.67.110.C]

1. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width; [Source: 18.67.110.C.1]

2. The antenna boom measures 20 feet or less in length and is three inches or less in diameter; [Source: 18.67.110.C.2]

3. No antenna element exceeds 32 feet in length or two inches in diameter or width, except for mid-element tuning devices which shall not exceed six inches in diameter or width; and [Source: 18.67.110.C.3]

4. The turning radius of any antenna does not exceed 26 feet. [Source: 18.67.110.C.4]

5. All antennas and antenna structures shall comply with Section 18.100.060 (General Development Standards), and other applicable provisions of the municipal code. [Source: 18.67.110.C.5]
E. Public Safety Facilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used and maintained by the City, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use. [Source: 18.67.110.D] F. Temporary Mobile Facilities. Mobile facilities placed on a site for less than seven consecutive calendar days, provided any other necessary permits are obtained. [Source: 18.67.110.E] G. Collocation Facilities. A proposed collocation facility that meets all of the requirements of California Government Code Section 65850.6. [Source: 18.67.110.F] H. Emergency Facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the Police Chief or City Manager, so long as the facility is removed at the conclusion of the emergency. [Source: 18.67.110.G]

18.100.030 Permits Required
Telecommunication facilities, antennas, and structures shall obtain the following applicable permits unless exempt under Section 18.100.020 (Exemptions). [Source: 18.67.120] A. If the facility, antenna, or structure will be located in the public right-of-way, the following permits are required. [Source: 18.67.120.A]

1. Encroachment Permit.
a. An Encroachment Permit shall be required for any facility located within the public right-of-way other than a qualifying Federal Communications Commission (FCC) Section 6409(a) Modification. Applications for facilities within the public right-of-way are subject to review and approval by the City Engineer. an Encroachment Permit for a facility shall only be approved if the facility is in substantial conformance with the applicable general development standards in Section 18.100.060 (General Development Standards) and the Item 10.1
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“Guidelines for Wireless Communications Facilities” within the public right-ofway. Exceptions or deviations from the guidelines may be granted at the discretion of the City Engineer the findings for approval of an exception/deviation as established in Section 18.100.080 (Exceptions) are satisfied. The processing of an encroachment permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for city staff time processing the permit. [Source: 18.67.120.A.1 and 18.67.120.A.4] b. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property for the purposes of constructing a wireless telecommunications facility. [Source: 18.67.120.A.6]

2. Zoning Permit. A Zoning Permit shall be required for any Section 6409(a) modification.

Applications for Zoning Permits for a Section 6409(a) modification within the public right-of-way are subject to review and approval by the City Engineer. [Source:

18.67.120.A.2]

3. License. A license entered into with the City shall be required for use of any City-owned property within the public right-of-way. [Source: 18.67.120.A.3]

4. Building Permit. A Building Permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted. [Source: 18.67.120.A.5]
B. Encroachment Permit for Construction. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property. [Source: 18.67.120.A.6]Private Property and Public Property (excluding public right-of-way). [Source: 18.67.120.B]

1. Architectural Review Permit. An Architectural Review Permit is required for the following facilities: [Source: 18.67.120.B.1]
a. A monopole or any other antenna structure constructed by or for an FCClicensed amateur radio operator which, when fully extended, is between 35 and 60 feet in height, and/or has a turning radius exceeding 26 feet (when the antennas are rotated). [Source: 18.67.120.B.1.a]
b. A wireless telecommunications facility other than a Section 6409(a) modification, or an application for a small wireless facility collocation. [Source:

18.67.120.B.1.b]

2. Minor Use Permit. A Minor Use Permit shall be required for any wireless telecommunications facility that is a small wireless facility involving a new or replacement structure or that involves the collocation of a personal wireless services facility that is not a Section 6409(a) modification. The Zoning Administrator shall administratively review, process, conditionally approve or deny an application for a Minor Use Permit in accordance with the procedures established in Chapter 18.___ (Use Permit). [Source: 18.67.120.B.2]
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3. Zoning Permit. A Zoning Permit shall be required for any Section 6409(a) modification.

No Architectural Review Permit shall be required for a Section 6409(a) modification. [Source: 18.67.120.B.3]

4. Use Permit. A Use Permit is required for the installation of: [Source: 18.67.120.B.4] a. An amateur radio antenna that is not exempt under this Chapter, when fully extended, exceeds 60 feet in height. [Source: 18.67.120.B.4.a] b. Any wireless telecommunications facility, monopole, or any other antenna structure constructed by or for a personal wireless services provider, not otherwise covered in this Section. [Source: 18.67.120.B.4.b]

5. Building Permit. A Building Permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted. [Source: 18.67.120.B.5]

6. Encroachment Permit. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on City-owned public property. [Source: 18.67.120.B.6]

7. License/Lease. A lease or license entered into with the city shall be required for any facility located within or upon City-owned public property. [Source: 18.67.120.B.7] C. Temporary Use Permit. A Temporary Use Permit is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code Section 8558 requiring additional service capabilities for a period not to exceed 90 consecutive calendar days. [Source: 18.67.120.C]

18.100.040 Application Submittal Requirements
An applicant seeking approval for a wireless telecommunications facility or a modification to a preexisting wireless telecommunications facility in accordance with this Chapter shall complete and submit an application to the Planning Division for review and processing, upon the approved form. [Source: 18.67.130]

18.100.050 Findings
In addition to the required findings for the applicable permit under Part 4 (Permit and Entitlement Processing Procedures), the review authority responsible for reviewing an entitlement permit in accordance with this Chapter may approve the permit only upon making one of the following findings:

A. Any and all applicable requirements in this Chapter have been satisfied; or B. To the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested an exception in accordance with Chapter

18.100.080 (Exceptions) and the findings for granting an exception can be made. [Source:

18.67.140]
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18.100.060 General Development Standards
A. General Development Standards. Each wireless telecommunications facility located on private property shall be designed, installed, and operated in compliance with these development standards, unless specifically stated otherwise in this Section.

1. Limited Requirements. Wireless telecommunication facilities approved under a Zoning Permit for a Section 6409(a) modification or an Encroachment Permit for facilities in a public right-of-way shall only be required to comply with the development standards in Paragraphs 1.b, 2.h, 3, 6, 9, and 10 of this Subsection. [Source: 18.67.150.A]

2. Location Requirements. [Source: 18.67.150.A.1]
a. Zoning Districts. No more than one monopole or any other antenna structure is permitted on any lot in a residential zoning district. A wireless telecommunications facility may be allowed in the Downtown Specific Plan area and the Contra Costa Center Specific Plan area and other future specific plan areas if listed as an allowed use within the approved specific plan. [Source: 18.67.150.A.1.a]
b. Airport Safety Zones. A wireless telecommunications facility shall not be installed within Airport Safety Zones 2, 3, or 4 for Buchanan Field, as identified in the General Plan, or for any other airport or heliport, unless the Airport Operator and the Airport Land Use Commission indicate in writing that the facility would not adversely impact airport operations. [Source:

18.67.150.A.1.b]
c. Collocation. Facilities owned by multiple wireless telecommunications providers shall be collocated on a single tower, monopole or building to the extent technically feasible and aesthetically desirable to minimize proliferation and visual impacts of new facilities. [Source: 18.67.150.A.1.c] d. Visibility from Public Places.
i. A wireless telecommunications facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to be effectively unnoticeable within the existing natural and/or manmade environment. [Source: 18.67.150.A.1.d]
ii. The smallest and least visible antennas possible should be installed which will reasonably accommodate the operator’s communication needs. [Source: 18.67.150.A.1.d]
iii. The City shall retain the authority to limit the number of antennas and related equipment at any site to minimize potential visual impacts. [Source: 18.67.150.A.1.d]
e. Setbacks. A wireless telecommunications facility and any related groundmounted equipment shall not be located in the front or street side setback of any lot, or within 200 feet of a lot with a residential use. The 200-foot linear Item 10.1
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measurement shall be taken from the base of any antenna structure, any structure that is supporting antennas, and/or any ground-mounted support equipment to the nearest property line of the residential use. [Source:

18.67.150.A.1.e]

3. Screening and Design Requirements. [Source: 18.67.150.A.2] a. Antennas. Antennas, antenna structures, and related equipment shall incorporate architectural, landscape, color, and/or other treatments to minimize potential visual impacts. [Source: 18.67.150.A.2.a] b. Natural Appearance. Ground-mounted facilities shall be screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views. [Source: 18.67.150.A.2.b]
c. Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and nonreflective material. [Source: 18.67.150.A.2.c] d. Blending with Architecture. Building-mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. This shall include use of complementary materials and complementary colored paint. Screening may include locating the facility or equipment within attics, steeples, cupolas, and towers or within a new architectural addition to a building or structure which is architecturally compatible with the building. Applicants are also encouraged to design wireless telecommunications facilities to serve as public art, particularly those in commercial, office, or retail zoning districts. [Source: 18.67.150.A.2.d] e. Specific Plan Areas. Within any specific plan area, all wireless telecommunications facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside attic spaces, steeples, cupolas, towers, below parapets, or concealed in architectural features. [Source: 18.67.150.A.2.e]
f. Exterior Lighting. Exterior lighting is limited to: [Source: 18.67.150.A.2.f] i. One exterior light with a maximum wattage of 100 watts over a door to equipment sheds. Light fixtures shall be equipped with cutoff lenses to minimize spill-over of light to adjacent properties; and [Source:

18.67.150.A.2.g]
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i. Roof-Mounted Antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna. [Source: 18.67.150.A.2.g.i]
ii. Wall-Mounted Antennas. Wall-mounted antennas shall not exceed a total of 50 square feet per buildingface. [Source: 18.67.150.A.2.g.ii] h. Unauthorized Access. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances. [Source: 18.67.150.A.2.h]

4. Noise Standards. Each facility shall be operated in such a manner to minimize any noise impacts. The maximum noise generation limit for communications facilities and transmission equipment is 50 decibels (measured on the CNEL scale) measured 10 feet from any noise-generating use on the site. Final building plans for new and remodeled facilities shall include a letter from a qualified acoustical engineer certifying that building plans comply with this standard. [Source: 18.67.150.A.3]

5. Height. A wireless telecommunications facility, whether building- or ground-mounted, shall be no taller than 12 feet above the maximum allowed height limit of the main building in the zoning district in which the facility is located. [Source: 18.67.150.A.4]

6. Undergrounding. Extensions of electrical and telecommunications landlines to serve wireless telecommunications facilities shall be undergrounded. [Source:

18.67.150.A.5]

7. Signs. Wireless telecommunications facilities shall include the installation of allweather emergency information signs on-site in a reasonably visible location. Each sign shall indicate, at minimum, the site address and a 24-hour emergency contact phone number. [Source: 18.67.150.A.6]

8. Service Roads. Existing roads and easements shall be used to the extent feasible.

New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the City or the Contra Costa Fire Protection District. [Source:

18.67.150.A.7]

9. Landscaping and Tree Preservation. [Source: 18.67.150.A.8] a. Landscape Plan. Any existing trees or significant vegetation shall be retained as part of an approved landscape plan for the project. [Source:

18.67.150.A.8.a]
b. Protection. Before commencement of work, existing trees in the vicinity of the facility and along any access roads and trenching areas shall be protected from damage with temporary construction fencing or other methods approved by the Zoning Administrator. Grading, cutting or filling is prohibited in the dripline of any tree required to be preserved. Underground lines shall be located to minimize damage to tree roots. [Source: 18.67.150.A.8.b] Item 10.1
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c. Restoration. All areas disturbed during project construction shall be revegetated with similar plant material before issuance of a certificate of occupancy. [Source: 18.67.150.A.8.c]

10. Compliance with Laws. All wireless telecommunications facilities shall comply with the applicable provisions of this Chapter as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code, and rules and regulations imposed by State and Federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the FCC, California Public Utilities Commission (CPUC), and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 calendar days of the effective date of such standards, unless otherwise mandated by the Federal or State agency. Changes to approved projects are subject to review and approval by the Zoning Administrator or other applicable City decisionmaking body. Failure to comply with adopted new State or Federal requirements shall be grounds for permit revocation in accordance with Section 18.100.150 (Revocation). [Source: 18.67.150.A.9]

11. Public Health. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. [Source: 18.67.150.A.10, modified] a. No facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, County, State, or Federal government. [Source:

18.67.150.A.10]
b. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this Chapter shall be grounds for the City to immediately terminate any permit granted under this Chapter, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city. [Source: 18.67.150.A.10]

12. Performance Bond. Before a Building Permit or Electrical Permit is issued, the applicant shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or another form of security approved in advance by the City for the removal of the facility in the event that the use is abandoned or the permit is revoked, terminated, or expires. The security shall be in the amount equal to 100 percent of the cost of physically removing the wireless telecommunications facility and restoring the site to the condition as it existed before the original deployment of the facility and all related facilities and equipment on the site The amount shall be based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate Item 10.1
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adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review. [Source: 18.67.150.A.11] B. Special Provisions for Amateur Radio Antennas and Antenna Structures. In addition to the general development standards in this Section, amateur radio antennas and antenna structures shall comply with the following standards: [Source: 18.67.150.B]

1. Height. The minimum height and size necessary to reasonably accommodate the operator’s communication needs, in accordance with FCC regulations as established in FCC Order “PRB-1.” [Source: 18.67.150.B]

2. Retractable monopoles may be required for antenna structures over 35 feet in height which are in or within 200 feet of a lot with a residential use. The City may require that, at times when not in operation, the monopole be retracted to the lowest elevation possible to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping, and/or any other site improvements. [Source:

18.67.150.B]

18.100.070 Nonconforming Provisions
Any wireless telecommunications facilities existing before April 19, 2017 that are nonconforming to the provisions of this Chapter may continue to be operated, repaired, and maintained but shall not be enlarged, expanded, relocated or modified in a way that increases nonconformance with this Chapter, unless otherwise allowed by Federal law. [Source: 18.67.350]

18.100.080 Exceptions
A. The City Engineer, Zoning Administrator, or other review authority considering the permit application may grant exceptions to the design and location standards for wireless communications facilities subject to this Chapter if it is determined that the denial of an application or strict adherence to the location and design standards would: [Source:

18.67.160.A]

1. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of Federal law; or [Source: 18.67.160.A.1]

2. Otherwise violate applicable laws or regulations; or [Source: 18.67.160.A.2]

3. Require a technically infeasible location, design, or installation of a wireless facility; [Source: 18.67.160.A.3]

4. Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits. [Source: 18.67.160.A.4]
B. If the applicant requests an exception and the review authority considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design, installation, or minor nonconformance. [Source: 18.67.160.B] Item 10.1
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18.100.090 Standard Conditions of Approval
All permits issued under this Chapter shall comply with the conditions of approval established in this Section. The City Engineer, Zoning Administrator, or other review authority considering the permit application under this Chapter shall have discretion to modify, supplement, waive, or amend these conditions on a case-by-case basis as necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the purpose of this Chapter. [Source: 18.67.170]
A. Permit Term. Any permit for a wireless communications facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the permit issuance date, except when California Government Code Section 65964(b) authorizes the City to issue a permit with a shorter term. [Source: 18.67.170.A]
B. Code Compliance. The permittee shall maintain compliance with all applicable Federal, State, and local laws and regulations. [Source: 18.67.170.B]
C. Inspections – Emergencies. The City or its designee shall be allowed into the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. [Source: 18.67.170.C] D. Contact Information for Responsible Parties. The permittee shall maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one contact person All contact information for responsible parties shall be provided to the Zoning Administrator upon permittee’s receipt of the Zoning Administrator’s written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Zoning Administrator upon that person’s verbal request. [Source: 18.67.170.D] E. Indemnities.

1. The permittee and, if applicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify, and hold harmless the City, its agents, officers, officials, and employees from: [Source: 18.67.170.E] a. Any and all damages, liabilities, injuries, losses, costs and expenses, and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void, or annul the City’s approval of the permit; and [Source: 18.67.170.E] b. Any and all damages, liabilities, injuries, losses, costs and expenses, and any and all claims, demands, law suits or causes of action, and other actions or proceedings of any kind or form, whether for personal injury, death, or property damage, arising out of or in connection with the activities or performance of the permittee or private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors. [Source: 18.67.170.E]
Item 10.1
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2. Permittees shall be strictly liable for interference caused by their facilities with the City’s communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the City attributable to the interference. [Source: 18.67.170.E]

3. In the event the City becomes aware of any such actions or claims, as mentioned in this Subsection, the City shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. [Source:

18.67.170.E]
F. Adverse Impacts on Adjacent Properties. The permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements. [Source: 18.67.170.F] G. General Maintenance. The site and facility, including but not limited to all landscaping, fencing, and related transmission equipment, shall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. [Source: 18.67.170.G, modified]
H. Graffiti Removal. All graffiti on facilities shall be removed at the sole expense of the permittee within 48 hours after notification from the City. [Source: 18.67.170.H] I. RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but before unattended operations of the wireless telecommunications facility, permittee or its representative shall provide the City documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer. [Source: 18.67.170.I] J. Build-Out Period. This permit shall lapse 12 months after its date of approval unless one of the following has occurred: [Source: 18.67.170.J]

1. A Building Permit has been issued, substantial money has been expended, and construction diligently pursued; [Source: 18.67.170.J.1]

2. A certificate of occupancy has been issued; [Source: 18.67.170.J.2]

3. The facility is constructed or modified as approved and in operation; or [Source:

18.67.170.J.3]

4. The build-out period is extended by the review authority which originally approved the permit. [Source: 18.67.170.J.4]
Item 10.1
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K. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source: 18.67.170.K] L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, between the hours of 8:30 a.m. and 4:30 p.m. Testing is prohibited on Saturdays, Sundays, and Federally recognized holidays. [Source: 18.67.170.L] M. Utilities Undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground. [Source: 18.67.170.M] N. Encroachment. Permittee shall obtain an Encroachment Permit for any work, staging, operations, or construction access in the public right-of-way or on City-owned public property.

The permit shall require the applicant to comply with, but not be limited to, the following requirements: [Source: 18.67.170.N]

1. Hours of operation within the public right-of-way or easement shall be restricted to 8:30 a.m. to 4:30 p.m. on weekdays only. [Source: 18.67.170.N.1]

2. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project. [Source: 18.67.170.N.2]

3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles. [Source: 18.67.170.N.3]

4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way. [Source: 18.67.170.N.4]

6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays. [Source: 18.67.170.N.6]

7. The contractor shall obtain approval in writing from the City Engineer before commencing work in the public right-of-way on weekends or holidays. [Source:

18.67.170.N.7]

8. The contractor shall be responsible for repairing any damage to City property and to restore City property to any applicable City standards. [Source: 18.67.170.N.8]

9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable. [Source: 18.67.170.N.9]
O. Other Approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with Federal, State, and local laws, rules, and regulations. [Source: 18.67.170.O] P. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Chapter. [Source: 18.67.170.P]
Q. Performance and Maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be Item 10.1
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maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the permittee. [Source: 18.67.170.Q] R. Performance Bond. Before a Building Permit or Electrical Permit is issued, the applicant shall file with the City and shall maintain in good standing throughout the term of the approval, a performance bond or another form of security approved in advance by the City for the removal of the facility in the event that the use is abandoned or the permit is revoked, terminated, or expires. The security shall be in the amount equal to 100 percent of the cost of physically removing the wireless telecommunications facility and restoring the lot to the condition as it existed before the original deployment of the facility and all related facilities and equipment on the lot. The amount shall be based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review. [Source: 18.67.170.R]
S. Conflicts with Improvements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at their own expense, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the City by reason of any change of grade, alignment, or width of any public rightof-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way. [Source: 18.67.170.S] T. City Access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, before disabling or removing wireless telecommunications facility elements. [Source: 18.67.170.T] U. Collocation. Where the wireless telecommunications facility site can accommodate a collocation upon the same site, the owner and operator of the facility shall allow another carrier to collocate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions. [Source: 18.67.170.U]
V. Interference. To the extent allowed under applicable Federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a Federal agency with jurisdiction over such matters finds that a facility is operating in violation of Federal standards, the permittee shall promptly provide the Zoning Administrator, or City Engineer as applicable, with a copy of any notice of such violation issued by any Federal agency and shall notify the Item 10.1
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Zoning Administrator or City Engineer once the facility comes back into compliance with applicable standards. [Source: 18.67.170.V]
W. Discontinuance of Use. Antennas, support structures, and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless telecommunications facility operating under a Use Permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the Planning Division with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures, and related equipment within 90 calendar days of the discontinuation of the use. [Source:

18.67.170.W]
X. Compliance Verification. No later than 12 months after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, State, and Federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans.

These reports shall be submitted and reviewed by the Zoning Administrator or City Engineer as applicable within five working days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the City to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this Chapter. [Source: 18.67.170.X]

18.100.100 Conditions of Approval for Section 6409(a) Modifications A. Required Findings. The Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way shall issue a Zoning Permit for a Section 6409(a) modification only upon finding that the proposed Section 6409(a) modification: [Source:

18.67.210]

1. Meets all applicable criteria for an eligible facilities request stated in 47 C.F.R. §§

1.6100(b)(3) through (9), or any successor provisions, after application of the definitions in 47 C.F.R. § 1.6100(b). The Zoning Administrator or City Engineer, shall make an express finding for each criterion; [Source: 18.67.210.A]

3. Will comply with all generally applicable laws. [Source: 18.67.210.C] B. Effect on Existing Use Permit. Notwithstanding any other requirement of the Municipal Code, the Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way shall be authorized to issue a Zoning Permit for a Section 6409(a) Item 10.1
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modification, even if issuance of such a permit would have the effect of amending an existing Use Permit. [Source: 18.67.220]
C. Conditions of Approval for Section 6409(a) Modifications. Zoning Permits for Section 6409(a) modifications are subject to the following conditions, unless modified by the Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way: [Source: 18.67.230]

1. No Permit Term Extension. The City’s grant or grant by operation of law of a Zoning Permit for a Section 6409(a) modification constitutes a Federally mandated modification to the underlying permit or approval for the subject tower or base station.

The City’s grant or grant by operation of law of a Zoning Permit for a Section 6409(a) modification will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. [Source: 18.67.230.A]

2. No Waiver of Standing. The City’s grant or grant by operation of law of a Section 6409(a) modification does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification. [Source: 18.67.230.B]

3. Permit Subject to Conditions of Underlying Permit. Zoning Permits for Section 6409(a) modifications shall be subject to the terms and conditions of the underlying permit for the existing tower or base station. [Source: 18.67.230.C]

4. Code Compliance. The permittee shall maintain compliance with all applicable federal, state and local laws, regulations and other rules. [Source: 18.67.230.D]

5. Inspections – Emergencies. The City or its designee may enter the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. [Source: 18.67.230.E]

6. Contact Information for Responsible Parties. The permittee shall maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way upon permittee’s receipt of the Zoning Administrator’s or City Engineer’s written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Zoning Administrator or City Engineer, as applicable, upon that person’s verbal request. [Source: 18.67.230.F]

7. RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but before unattended operations of the wireless telecommunications facility, permittee Item 10.1
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or its representative shall provide the Zoning Administrator or City Engineer, as applicable, documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer. [Source: 18.67.230.G]

8. Build-Out Period. This permit shall lapse 12 months after its date of approval unless one of the following has occurred: [Source: 18.67.230.H] a. A Building Permit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.67.230.H.1] b. A certificate of occupancy has been issued; or [Source: 18.67.230.H.2] c. The facility is constructed or modified as approved and in operation; or [Source: 18.67.230.H.3]
d. The build-out period is extended by the city authority which originally approved the permit. [Source: 18.67.230.H.4]

9. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source:

18.67.230.I]

10. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days. [Source: 18.67.230.J]

12. Encroachment. Permittee shall obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on city-owned public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements: [Source: 18.67.230.L]
a. Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays. [Source: 18.67.230.L.1] b. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project. [Source: 18.67.230.L.2] c. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles. [Source:

18.67.230.L.3]
d. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way. [Source: 18.67.230.L.4] e. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan. [Source: 18.67.230.L.5] Item 10.1
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f. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays. [Source: 18.67.230.L.6] g. The contractor shall obtain approval in writing from the City Engineer before commencing work in the public right-of-way on weekends or holidays. [Source:

18.67.230.L.7]
h. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards. [Source: 18.67.230.L.8] i. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable. [Source: 18.67.230.L.9]

18.100.110 Timing of Review
The City shall advise the applicant if an application is incomplete in accordance with applicable State and Federal timelines for action. [Source: 18.67.310]

18.100.120 Peer Review
The review authority considering the relevant permit issued in compliance with this Chapter may require the application, proposed findings, and conditions of approval to be reviewed by an independent thirdparty peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant. [Source: 18.67.320]

18.100.130 Decision
A. The review authority shall provide the applicant with written notice of its decision. A denial of an application under this Chapter shall be supported by substantial evidence and comply with the following: [Source: 18.67.330.A]

1. Cannot be based on the environmental effects of radio frequency (RF) emissions if the facility complies with the FCC’s RF regulations; and [Source: 18.67.330.A.1]

2. Cannot violate State or Federal law. [Source: 18.67.330.A.2]

3. The denial of a Zoning Permit application for a Section 6409(a) modification shall be made without prejudice. [Source: 18.67.330.C]
B. Timing of Decision. The City shall make its final decision on a complete wireless telecommunications facility application and issue all required ancillary permits within the applicable State and Federal timelines for action. [Source: 18.67.330.B] Item 10.1
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C. Denial of an Incomplete Application

1. To promote efficient review and timely decisions, any application governed under this Chapter may be denied without prejudice by the City Engineer or Zoning Administrator when the applicant fails to tender a substantive response to the City within 120 calendar days after the City Engineer or Zoning Administrator deems the application incomplete in a written notice to the applicant.

2. The City Engineer or Zoning Administrator, may grant a written extension for up to 30 calendar days when the applicant submits a written request before the 120 day period that shows good cause to grant the extension. Good cause for an extension shall include, but is not limited to, delays due to circumstances outside the applicant’s reasonable control. [Source: 18.67.340]

18.100.140 Revocation
A. General Requirement. Permittees shall fully comply with all conditions related to any permit or approval granted under this Chapter. Failure to comply with any applicable standard of this Chapter shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the City may schedule a public hearing before the Planning Commission to consider revocation of the permit. The Planning Commission revocation action may be appealed to the City Council in accordance with Chapter 18.175 (Appeals and Calls for Review). [Source: 18.67.360.A] B. Removal, Repair, and Restoration. If the permit is revoked in compliance this Section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed before the facility’s installation or as required by the City within 90 calendar days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the facility’s removal and site restoration. [Source: 18.67.360.B]
C. Storage. The City may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such storage. The City may, in lieu of storing the removed facility, convert it to the City’s use, sell it, or dispose of it in any manner deemed appropriate by the City. [Source: 18.67.360.C]

18.100.150 Appeal
A. A decision of the Zoning Administrator or Planning Commission on a Use Permit or Minor Use Permit, as applicable, may be appealed to the City Council in compliance with Chapter 18.75 (Appeals and Calls for Review).

B. A decision of the City Engineer concerning an Encroachment Permit for a wireless telecommunications facility may be appealed in accordance with Chapter 1.10 (Appeals), subject to the following modifications:

1. The time for filing a notice of appeal shall be five calendar days;

2. The hearing shall be held within 21 calendar days of the date the notice of appeal is filed; and
Item 10.1
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125

3. The decision of the City Manager is final upon issuance and not appealable to City Council.

C. Decisions on Zoning Permit applications for a Section 6409(a) modification shall be final and may not be appealed. [Source: 18.67.370]
Item 10.1
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Part 4 – Permit and Entitlement
Processing Procedures

REVISED PRELIMINARY DRAFT
MARCH 2025
Table of Contents
CHAPTER 18.105 ADULT USE DEVELOPMENT PERMIT............................................................. 6

18.105.010 Purpose and Applicability............................................................................................... 6

18.105.020 Review Authority ............................................................................................................ 6

18.105.030 Application...................................................................................................................... 7

18.105.040 Filing, Processing, and Review ...................................................................................... 7

18.105.050 Findings.......................................................................................................................... 8

18.105.060 Lapse of Approval ........................................................................................................ 10

18.105.070 Revocation ................................................................................................................... 10

18.105.080 Violations...................................................................................................................... 12 CHAPTER 18.110 ARCHITECTURAL REVIEW PERMITS ........................................................... 14

18.110.010 Purpose and Applicability............................................................................................. 14

18.110.020 Review Authority .......................................................................................................... 15

18.110.030 Filing, Processing, and Review .................................................................................... 16

18.110.040 Conditions of Approval ................................................................................................. 18

18.110.050 Lapse of Approval – Changes to Plans........................................................................ 18

18.110.060 Resubmittal of Application............................................................................................ 19 CHAPTER 18.115 DEVELOPMENT PLAN .................................................................................... 21

18.115.010 Purpose and Applicability............................................................................................. 21

18.115.020 Approval Authority ........................................................................................................ 21

18.115.030 Filing, Processing, and Review .................................................................................... 21

18.115.040 Findings........................................................................................................................ 22 Item 10.1
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2 18.115.050 Conditions of Approval ................................................................................................. 23

18.115.060 Lapse of Approval – Changes to Plans........................................................................ 23

18.115.070 Resubmittal of Application............................................................................................ 24 CHAPTER 18.120 MINOR EXCEPTIONS ...................................................................................... 26

18.120.010 Purpose ........................................................................................................................ 26

18.120.020 Applicability .................................................................................................................. 26

18.120.030 Review Authority .......................................................................................................... 29

18.120.040 Filing, Processing, and Review .................................................................................... 29

18.120.050 Findings........................................................................................................................ 30

18.120.060 Conditions of Approval ................................................................................................. 31

18.120.070 Lapse of Approval – Changes to Plans........................................................................ 31

18.120.080 Resubmittal of Application............................................................................................ 32 CHAPTER 18.125 REASONABLE ACCOMMODATION............................................................... 34

18.125.010 Purpose ........................................................................................................................ 34

18.125.020 Review Authority .......................................................................................................... 34

18.125.030 Requests ...................................................................................................................... 35

18.125.040 Application Requirements ............................................................................................ 35

18.125.050 Filing, Processing, and Review .................................................................................... 36

18.125.060 Findings........................................................................................................................ 37

18.125.070 Appeal .......................................................................................................................... 38 CHAPTER 18.130 SIGN PERMIT ................................................................................................... 41

18.130.010 Purpose and Applicability............................................................................................. 41

18.130.020 Review Authority .......................................................................................................... 41

18.130.030 Filing, Processing, and Review .................................................................................... 41

18.130.040 Findings........................................................................................................................ 42

18.130.050 Conditions of Approval ................................................................................................. 43

18.130.060 Lapse of Approval – Changes to Plans........................................................................ 43

18.130.070 Revocation ................................................................................................................... 44 CHAPTER 18.135 TEMPORARY SIGN PERMIT........................................................................... 46

18.135.010 Purpose and Applicability............................................................................................. 46

18.135.020 Review Authority .......................................................................................................... 46

18.135.030 Filing, Processing, and Review .................................................................................... 46

18.135.040 Findings........................................................................................................................ 47

18.135.050 Conditions of Approval ................................................................................................. 48

18.135.060 Lapse of Approval – Changes to Plans........................................................................ 48

18.135.070 Revocation ................................................................................................................... 48 Item 10.1
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3 18.135.080 Resubmittal of Application............................................................................................ 49 CHAPTER 18.140 MASTER SIGN PROGRAM.............................................................................. 51

18.140.010 Purpose and Applicability............................................................................................. 51

18.140.020 Review Authority .......................................................................................................... 51

18.140.030 Filing, Processing, and Review .................................................................................... 51

18.140.040 Findings........................................................................................................................ 53

18.140.050 Conditions of Approval ................................................................................................. 53

18.140.060 Lapse of Approval – Changes to Plans........................................................................ 53

18.140.070 Revocation ................................................................................................................... 54

18.140.080 Resubmittal of Application............................................................................................ 54 CHAPTER 18.145 USE PERMIT..................................................................................................... 56

18.145.010 Purpose and Applicability............................................................................................. 56

18.145.020 Review Authority .......................................................................................................... 56

18.145.030 Filing, Processing, and Review .................................................................................... 57

18.145.040 Findings........................................................................................................................ 58

18.145.050 Conditions of Approval ................................................................................................. 59

18.145.060 Lapse of Approval – Changes to Plans........................................................................ 60

18.145.070 Revocation ................................................................................................................... 61

18.145.080 Resubmittal of Application............................................................................................ 61 CHAPTER 18.150 USE PERMIT, TEMPORARY ........................................................................... 63

18.150.010 Purpose and Applicability............................................................................................. 63

18.150.020 Review Authority .......................................................................................................... 63

18.150.030 Filing, Processing, and Review .................................................................................... 63

18.150.040 Findings........................................................................................................................ 64

18.150.050 Conditions of Approval ................................................................................................. 64

18.150.060 Lapse of Approval ........................................................................................................ 65 CHAPTER 18.155 VARIANCE........................................................................................................ 67

18.155.010 Purpose and Applicability............................................................................................. 67

18.155.020 Review Authority .......................................................................................................... 67

18.155.030 Filing, Processing, and Review .................................................................................... 68

18.155.040 Findings........................................................................................................................ 69

18.155.050 Conditions of Approval ................................................................................................. 69

18.155.060 Lape of Approval – Changes to Plans ......................................................................... 70

18.155.070 Resubmittal of Application............................................................................................ 70 CHAPTER 18.160 ZONING PERMIT.............................................................................................. 73 Item 10.1
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4 18.160.010 Purpose and Applicability............................................................................................. 73

18.160.020 Review Authority .......................................................................................................... 73

18.160.030 Filing, Processing, and Review .................................................................................... 74

18.160.040 Findings........................................................................................................................ 74

18.160.050 Lapse of Approval – Changes to Plans........................................................................ 74

18.160.060 Revocation ................................................................................................................... 75

18.160.070 Resubmittal of Application............................................................................................ 75 Item 10.1
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5 Chapter 18.105
Adult Use Development Permit
Item 10.1
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6 Chapter 18.105 Adult Use Development Permit
Sections

18.105.010 Purpose and Applicability

18.105.020 Review Authority

18.105.030 Application

18.105.040 Filing, Processing, and Review

18.105.050 Findings

18.105.060 Lapse of Approval

18.105.070 Revocation

18.105.080 Violations

18.105.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish processing and review procedures for the establishment of adult businesses, as defined in this Title, to ensure the protection of sensitive land uses in the surrounding areas. [Source: NEW]
B. Applicability.

A.1. No adult business may be established within the city by right. All persons wishing to establish an adult business within the city must shall apply for and receive an Aadult Uuse Ddevelopment Ppermit under this Cchapter. [Source: 18.70.050.A] B.2. It is the burden of the applicant to supply evidence to justify the grant approval of an Aadult Uuse Ddevelopment Ppermit. [Source: 18.70.050.B] C.3. Any person desiring to operate or establish an adult business within the Ccity shall file for an Adult Use Development Permit application with the public works and community development department Planning Division using an adult use development permit application on a standard application form supplied by the public works and community development departmentPlanning Division. (Ord. 710 § 35-20.8, 1996; 1991 code § 35-20.8) [Source: 18.70.050.A.C]

18.105.020 Review Authority
The Pplanning Ccommission (“the commission”) shall grantapprove, conditionally grant approve, or deny an application for an Aadult Uuse Ddevelopment Ppermit. Any conditions imposed upon the permit shall be in keeping with the objective development standards based on the criteria established in of this Cchapter and the underlying zoning districtzoning district in which the property is located. [Source:

18.70.080.A]
Item 10.1
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7 18.105.030 Application
A. Eligible Applicants. The application must shall be signed by the owner or lessee. If the application is signed by a lessee, a notarized statement signed by the owner shall accompany the application. Proof of status is required. [Source: 18.70.060.A] B. Required Ccontents. The Ccity Ccouncil, by resolution, shall set forth establish the contents requiredrequired contents for such applications for an Aadult Uuse Ddevelopment Ppermit applications. [Source: 18.70.060.B]
C. Environmental Rrequirements. All applicantsApplications for an Aadult Uuse Ddevelopment Ppermit must also shall fill out the city’s environmental package for purposes of complyingcomply with the California Environmental Quality Act (“CEQA”). (Ord. 710 § 35-

20.10, 1996; 1991 code § 35-20.10) [Source: 18.70.060.C] D. Fees. The Ccity Ccouncil, by resolution, shall set a reasonable nonrefundable application fee for persons applying for an Aadult Uuse Ddevelopment Ppermit. The fee shall not exceed the reasonable estimated costs of the city expended in processing the permit application. (Ord. 710 § 35-20.12, 1996; 1991 code § 35-20.12) [Source: 18.70.070]

18.105.040 Filing, Processing, and Review
A. Determination of Completeness. The completeness of the application shall be determined by the zoning administrator (“administrator”) wWithin 30 calendar days of its submittal after an Adult Use Development Permit the application is submitted, to the Zzoning Aadministrator shall determine whether the application is complete and shall notify the applicant of the determination, including (if appropriate) a description of why the application is incomplete and any additional information that may be required. [Source: 18.70.080.B] B. Planning Commission Review. Upon the filing of a completed applicationFollowing the date of a deemed complete application, the Planning Ccommission shall cause to be made by its own members, or members of its staff, conduct an appropriate investigationreview, including consultation with the Bbuilding, Ppolice, Ffire, Engineering, and Hhealth Ddepartments, and an inspection of the premises as needed. Consultation is not grounds for the Ccity to unilaterally delay in reviewingthe review of a completed application. [Source: 18.70.080.C] C. In reaching a decision, the Planning Ccommission shall not be bound by the formal rules of evidence. [Source: 18.70.080.D]
D. Public Hearing and Noticing.

1. After Following the completion of the investigationreview has been completed, the Planning Ccommission shall notice and conduct a public hearing, as prescribed in PHMC Chapter Chapter 18.195 (Notice Requirements)80 of this Title, on the application for an Aadult Uuse Ddevelopment Ppermit. Public notice shall also be provided by publication in a newspaper of general circulation within the City of Pleasant Hill at least 10 days before the scheduled hearing. [Source: 18.70.080.E] D.2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
Item 10.1
City Council Meeting Agenda - Page 1369 of 2120 - Monday, April 21, 2025 Chapter 18.105 Adult Use Development Permit
8 E. Timeline. The Pplanning Ccommission shall render a written decision of approval, conditional approval, or denial on the application for of an Aadult Uuse Ddevelopment Ppermit within 60 calendar days of receiving a completed application. The failure of the Planning cCommission to render such a decision within this time frame shall be deemed to constitute a denial. [Source:

18.70.080.F]
F. Notice of Decision. The Planning Ccommission’s decision shall be hand delivered or mailed to the applicant, and shall be provided in accordance with the requirements of the municipal code.

Any posted notices shall remain for at least 10 calendar days after the determination of decision and mailed to all property owners within 300 feet of the adult usesite in which the adult use will be present. (Ord. 710 § 35-20.14, 1996; 1991 code § 35-20.14) [Source: 18.70.080.G] G. Appeals. The decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.175 (Appeals and Calls for Review) and The time for court challenge to a decision by the city council is governed by California Code of Civil Procedures section 1094.6. [Source: 18.70.100.A, B]Notice of the city council’s decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedures section 1094.6. (Ord. 710 § 35-20.18, 1996; 1991 code § 35-20.18) [Source: 18.70.100.B]

18.105.050 FindingsCriteria and Decision
A. A. The Planning Ccommission or city council shall approve or conditionally approve an application for an Aadult Uuse Ddevelopment Ppermit, if, where the based on the application and information submitted, it is able to make the by the applicant substantiates the following findings: [Source: 18.70.120]

1. 1. That tThe proposed adult use complies with the development and design requirements of the underlying zoning districtzoning district in which it is located and with the applicable standards of this Cchapter; [Source: 18.70.120.A.1]

2. 2. That Tthe proposed adult use and its projected traffic generation is consistent with achieving or maintaining the established level of service and vehicle miles travelled criteria set forth established in the Ccity’s Transportation and Ccirculation growth management Eelement of the General Plans. If the Ccity’s established level of service is already exceeded, then the proposed use and its projected traffic generation will not result in a net increase in the level of service; [Source: 18.70.120.A.2]

3. 3. That tThe proposed site is adequately served by other public and private service facilities consistent with the city’s established level of services as set forth in the city’s growth management elementfor the requested proposed adult use; [Source:

18.70.120.A.3]

4. 4. That theThe proposed site adult use is not located within a 500-foot radius of a residential land use designation as prescribed in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the nearest property closest to the lot line included within theof the residential land use designation, along a straight line extended between the two points; [Source: 18.70.120.A.4] Item 10.1
City Council Meeting Agenda - Page 1370 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.105 Revised Preliminary Draft – March 2025
9 5. That theThe proposed site adult use is not located within an 800-foot radius of a. existing school, daycare, or park facility located within or outside the jurisdiction of the city, or a school or park land use designation as established in the Landdn Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between the proposed use and a school or park land use designation or facility shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or the nearest property line included within a park land use designation, along a straight line extended between the two points; [Source: 18.70.120.A.5]

6. 6. That theThe proposed site adult use is not located within an 800-foot radius of a religious institutionplace of assembly, as defined in Section 18.190.050 (Public and Semi-Public Land Use Classifications) of this Title, located either within or outside the jurisdiction of the City. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult uses along a straight line extended to the nearest exterior wall of the facility structure housing the religious institution; [Source:

18.70.120.A.6]

7. 7. That theThe proposed site adult use is not located within 1,000 feet of any other adult use regulated under this chapter that is located either within or outside the jurisdiction of the Ccity. The distance between two adult uses shall be measured between the nearest exterior walls of the structure housing the adult uses along a straight line extended between the two uses; and [Source: 18.70.120.A.7]

8. That the proposed site is not located within 500 feet of a residential district, 800 feet of a park or school as designated on the general plan land use element of an adjacent jurisdiction or 800 feet of a religious institution that is located in an adjacent jurisdiction and is the subject of a validly approved land use entitlement; and [Source:

18.70.120.A.8]

9.8. That nNeither the applicant , (if an individual), or any of the officers or general partners, (if a corporation or partnership), have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the Sstate of California as a sex or sex-related offense. [Source: 18.70.120.A.9] B. Any conditions of approval imposed upon the Adult Use Development Ppermit shall be in keeping comply with the objective development standards of Section 18.50.030 (Locational Limitations) this chapter as set forth in PHMC § 18.70.030 and the underlying zoning districtzoning district in which the property is locatedof the proposed lot. (Ord. 710 § 35-20.22, 1996; 1991 code § 35-20.22) [Source:

18.70.120.B]Appeal
B. Any interested person may appeal the decision of the commission to the city council in writing within 10 days after the commission’s written decision. The city council within the same 10 dayssuch an appeal. [Source: 18.70.090.A]
Consideration of an appeal of the commission’s decision shall be at a public hearing which shall be noticed as provided in 130 and shall occur within 45 days of the filing or initiation of the appeal. Public Item 10.1
City Council Meeting Agenda - Page 1371 of 2120 - Monday, April 21, 2025 Chapter 18.105 Adult Use Development Permit
10 notice shall also be provided by publication in a newspaper of general circulation within the City of Pleasant Hill at least 10 days before the scheduled hearing. [Source: 18.70.090.B] The city council action on the appeal of the commission’s decision shall be by a majority vote of the quorum and, upon the conclusion of the de novo public hearing, the city council shall grant, conditionally grant or deny the application. The city council’s decision shall be final and conclusive. [Source:

18.70.090.C]
In reaching its decision, the city council shall not be bound by the formal rules of evidence. (Ord. 846 § 10, 2010; Ord. 710 § 35-20.16, 1996; 1991 code § 35-20.16) [Source: 18.70.090.D]

18.105.060 ExpirationLapse of Approval
A. Permits for New Facility/Use. Any An Aadult Uuse Ddevelopment Ppermit approved pursuant toin accordance with this Cchapter shall become null and void unless the proposed use is established within six months of the date from of the approval.

B. Permits for Reuse of Existing Facilities. An Adult Use Development Permit approved in accordance with this Chapter As to for facilities that are a reuse of existing facilities, the permit adult use development permit shall become null and void unless the proposed use is established within six months from of the date of approval, unless prior to said expiration date the permittee demonstrates, to the satisfaction of the city’s Pplanning Ccommission, that it has a good faith intent to presently commence the proposed use before the expiration date. Such extensions shall not exceed a total of two six-month extensions, or a total of 12 months from the date of approval. (Ord. 710 § 35-20.20, 1996; 1991 code § 35-20.20) [Source: 18.70.110]

18.105.070 Revocation
A. Any Adult Use Development Ppermit issued pursuant to the provisions of thisin accordance with this Cchapter may be revoked by the Ccity on the basis ofif any of the followingfor any of the following reasons: [Source: 18.70.130.A]

1. That the The business or activity has been conducted in a manner which: [Source:

18.70.130.A.1]
a. V violates one or more of the conditions imposed upon the issuance approval of the Adult Use Development Ppermit or which f [Source: 18.70.130.A.1 b. Fails to conform to the plans and procedures described in the permit application, or which v [Source: 18.70.130.A.1]

1.c. Violates the occupant load limits set by the Fire Marshal; [Source:

18.70.130.A.1]

2. That theThe permittee has failed to obtain or maintain all required Ccity, Ccounty, and/or Sstate of California licenses and permits; [Source: 18.70.130.A.2, modified]That the permit is being used to conduct an activity different from that for which it was issued; [Source: 18.70.130.A.3]

3. That thehe permittee has misrepresented a material fact in the permit application for permit or has not answered each question therein truthfully; [Source: 18.70.130.A.4] Item 10.1
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11 4. That due to cChanges in on-site conditions, has resulted in the adult business lacks sufficient having insufficient on-site parking area for employees and the public under the standards set forth as established in the city’s parking codeTitle/Chapter 18.70 (Off-Street Parking and Loading), except for an existing use that is legal and nonconforming with respect to parking; [Source: 18.70.130.A.5]

5. That theThe building or structure in which the adult business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the public under the standards set forthestablished in the Uniform Building, Uniform Plumbing or Uniform Fire Code; [Source: 18.70.130.A.6]

6. That theThe permitted adult business creates sound levels which violate the City’s noise control ordinanceestablished noise thresholds of the city; [Source:

18.70.130.A.7]

7. That theThe permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state State of California as a sex or sex-related offense during the period of the adult establishment’s business’s operation; or [Source:

18.70.130.A.8]

8. That theThe adult use for which the approval permit was granted approved has ceased to exist or has been suspended for six months or more. [Source: 18.70.130.A.9 B. Notice and Public Hearing. The Planning Commission shall conduct a public hearing, as prescribed in Chapter 18.195 (Notice Requirements) on the proposed revocation of an Adult Use Development Permit. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least 10 days prior to the hearing. [Source: 18.70.130.B-D]
C. Revocation Procedure. An Adult Use Development Permit may be revoked or modified in compliance with Section 18.185.040 (Revocation or Modification of Discretionary Permits). The revocation hearing shall be heard by the commission. The Planning Commission shall make its decision within 30 days of the public hearing The commission and shall not be bound by the formal rules of evidence at the hearing. [Source: 18.70.130.C-I]The commission shall notice and conduct a public hearing, as prescribed in the municipal code, on the proposed permit revocation. [Source: 18.70.130.D]
D. The commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee’s adult use development permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter as set forth in PHMC § 18.70.030 and the underlying zoning district in which the property is located. [Source:

18.70.130.E]
E. The commission’s decision shall be in writing, and shall be hand delivered or mailed to the applicant and mailed to all property owners within 300 feet of the use. [Source: 18.70.130.F] F. The commission shall make its decision within 30 days of the public hearing. [Source:

18.70.130.G]
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12 G.C. Any interested person may appeal the decision of the commission to the city council in writing within 10 days after the written decision of the commission in accordance with the provisions of PHMC Chapter 18.130. [Source: 18.70.130.H]
H.D. In the event an Adult Use Development Permit permit is revoked pursuant toin accordance with this chapterSection, another Aadult Uuse Ddevelopment Ppermit to operate an adult business shall not be granted to the permittee within for 12 months after the date of such written notice of revocation. (Ord. 710 § 35-20.24, 1996; 1991 code § 35-20.24) [Source: 18.70.130.I]

18.105.080 Violations
A person who violates a provision of this Chapter, including the failure to secure an Adult Use Development Permit or comply with a condition of approval, is subject to the criminal penalties established in Pleasant Hill Municipal Code Chapter 1.30. Any person who violates any Ssection of this Cchapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in accordance with the limits set forth in California Government Code Ssection 36901, as it may be amended from time to time, or any other legal remedy available to the Ccity. (Ord. 710 § 35-20.26, 1996; 1991 code § 35-20.26) [Source: 18.70.140]
Item 10.1
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13 Chapter 18.110
Architectural Review Permits
Item 10.1
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14 Chapter 18.110 Architectural Review Permits
Sections

18.110.010 Purpose and Applicability

18.110.020 Review Authority

18.110.030 Filing, Processing, and Review

18.110.040 Conditions of Approval

18.110.050 Lapse of Approval – Changes to Plans

18.110.060 Resubmittal of Application

18.110.010 Purpose and Applicability
A. Purpose. The purpose of an Aarchitectural Rreview Permit is to evaluate the interdependence of property values and aesthetics, and to provide a method to promote sound land use development. More specifically, aArchitectural review is intended to promote the architectural design excellence, visually pleasing and harmonious site design, and preservation of natural landforms and vegetation.: [Source: 18.115.010.B]

1. 1. Ensure excellence of architectural design; [Source: 18.115.010.B.1]

2. 2. Ensure that siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located; [Source: 18.115.010.B.2]

3. 3. Ensure that plans for the landscaping of open spaces conform with the requirements of this chapter and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites, and blend harmoniously with the natural landscape; [Source: 18.115.010.B.3]

4. 4. Prevent excessive and unsightly grading of hillsides, and preserve natural landforms and existing vegetation; and [Source: 18.115.010.B.4]
Ensure compliance withcity-wide objective design standards; [Source: 18.115.010.B.5- 6]Ensure compliance with city-wide design guidelines. (Ord. 955 § 5, 2022; Ord. 856 § 2 (Exh. A), 2011; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.1, 1996; 1991 code § 35-32.1) [Source: 18.115.010.B.6]
B. Applicability. An Architectural Review Permit is required before issuance of a Building Permit for any development project relating to the following: [Source: 18.115.010]

1. The construction, addition, or exterior alteration to a site plan, building, structure, and/or landscape plan associated with any project other than a single-family residence; [Source: 18.115.010.A.1]
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15 2. A single-family residence at the time of initial construction, or a substantial addition as determined by the Zoning Administrator. An Architectural Review Permit is not required for remodeling, additions, or accessory structures; however, staff level review of such structures for substantial conformance with the citywide design guidelines shall occur as part of the Building Permit plan review and approval process. [Source:

18.115.010.A.2]
C. No improvement subject to architectural review under this Chapter shall be constructed, located, repaired, altered, repainted a different color, or maintained except in accordance with a design approved under this Chapter. The term “improvement” as used in this Chapter shall be interpreted by the Zoning Administrator to include but not be limited to the construction, alteration, and repair of all buildings, structures, and facilities permanently affixed to real property. [Source: 18.115.010.A]

18.110.020 Review Authority
A. Architectural Rreview Ccommission. Except as provided in Ssubsections B and C of this Ssection, the Aarchitectural Rreview Ccommission has the authority to approve, conditionally approve, or deny Aarchitectural Rreview Ppermits. The Aarchitectural Rreview Ccommission is established under PHMC Chapter 3.10Title 3 (Boards and Commissions). [Source:

18.115.020.A]
B. Zoning Aadministrator. The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny an Aarchitectural Rreview Ppermit for any of the following improvements if the Zzoning Aadministrator finds that such improvements will not have a significant visual impact. [Source: 18.115.020.B]

1. A minor alteration to an existing structure in a PUD, PPD, or HPUD development that is consistent with the original approval permit approval and has the approval is approved by of the homeowners’ association, if one existsapplicable; [Source:

18.115.020.B.1]

2. A minor alteration (including but not limited to repainting, landscape modification, adding screened mechanical equipment, window replacements) to an existing structure in the RB, NB, C, PAO, or LI districtzoning district that is consistent with the original permit approval. Minor alterations include improvements such as repainting, landscape modification, and window replacements; [Source: 18.115.020.B.2]

3. An addition or repair to an existing structure if the exterior is not altered. [Source:

18.115.020.B.3]

4. The Zzoning Aadministrator may, in his or her their discretion, refer an Architectural Review Permit application directly to the Aarchitectural Rreview Ccommission. [Source: 18.115.020.B]
C. Streamlined Mministerial Rreview. Residential development projects qualifying for streamlined permit review, as established under PHMC § Section 18.20.040.K18.15.040 (Additional Development Standards) of Chapter 18.15 (Residential Districts), shall be subject to a ministerial architectural review process. (Ord. 964 § 22, 2023; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.2, 1996; 1991 code § 35-32.2) [Source: 18.115.020.C] Item 10.1
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16 D. Projects with Multiple Discretionary Applications. For projects requiring a discretionary permit approval from the Planning Commission and/or City Council in addition to Architectural Review Permit approval, the Planning Commission and/or City Council shall be the final review authority for the Architectural Review Permit and any action of the Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.115.030.F]

18.110.030 Filing, Processing, and Review
A. Application. An applicant for an Aarchitectural Rreview Ppermit shall submit the following:
[Source: 18.115.030.A]

1. Aa complete application and all applicable materials and information as required by the Planning Division. [Source: 18.115.030.A]

1.2. The Zzoning Aadministrator, at their discretion, may add or waive the submission waive submission of application materials or information items deemed unnecessary to determine compliance with applicable requirements the standards of this Cchapter.

An application is considered to be complete if it is in accordance with PHMC §

18.75.030. [Source: 18.115.030.A]
B. Noticinge and Public Hhearing.

1. The Aarchitectural Rreview Ccommission shall hold a public hearing on the Architectural Review Permit application. Notice of the hearing shall comply with Chapter 18.195 (Notice Requirements). The hearing is open to the public, but no notice is required except to the applicant. No notice or public hearing is required for an application to bebeing considered by the Zzoning Aadministrator or for streamlined ministerial review under this Ssection. [Source: 18.115.030.B] B.2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
C. Decision. Within 20 working days following completion of thethe public hearing, the Architectural Review Ccommission shall approve, conditionally approve, or deny the Architectural Review Permit application. The Zzoning Aadministrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. [Source: 18.115.030.C]
D. Effective Ddate. A decision under this Cchapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under PHMC Chapter 18.130 175 (Appeals and Calls for Review) has been exhausted. [Source: 18.115.030.D] E. Appeals.

1. A decision of the Zzoning Aadministrator under this Cchapter may be appealed to the Aarchitectural Rreview Ccommission in compliance with Chapter 18.175 (Appeals and Calls for Review). , and [Source: 18.115.030.E]
Item 10.1
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17 E.2. Aa decision of the ArarchitecturalArchitectural Rreview Ccommission may be appealed to the Ccity Ccouncil, all in accordance compliance with Chapter 18.175 (Appeals and Calls for Review)the appeal procedures of PHMC Chapter 18.130. [Source:

18.115.030.E]
F. Projects with multiple discretionary applications. Notwithstanding subsections C through E of this section, for projects requiring a discretionary permit approval from the planning commission and/or city council in addition to approval of an architectural review permit, the planning commission and/or city council shall be the final decision-maker for the architectural review permit and any action of the architectural review commission shall be considered advisory to the planning commission and/or city council. (Ord. 921 § 3, 2018; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.4, 1996; 1991 code § 35-32.4) [Source: 18.115.030.F] G.F. Scope of Review. In approving an architectural review permit, the The Aarchitectural Rreview Ccommission shall review the site plan and physical design of a project; the sign designs and locations; and lighting. In its review, the Aarchitectural Rreview Ccommission shall consider the following factors: [Source: 18.115.040]

1. Excellence of design; [Source: 18.115.040.A]

2. Height, bulkmass, and coverage of buildings; [Source: 18.115.040.B]

3. Colors, building materials, and types of building and installations; [Source:

18.115.040.C]

4. Physical and architectural relation with existing and proposed structures in the area and to the location of the site’s location withinsite within the Ccity; [Source:

18.115.040.D]

5. Site layout, orientation, and location of buildings, and relationship with property boundaries and open areas; [Source: 18.115.040.E]

6. Height, materials, colors, and variations in boundary walls, fences, or screen planting; [Source: 18.115.040.F]

7. Location and type of landscaping, including but not limited to setback areas and offstreet parking areas; [Source: 18.115.040.G]

8. Appropriateness of sign design and exterior lighting standards and devices and other building graphics, pursuant toin compliance with criteria and sign design guidelines established in PHMC § 18.60.050Section 18.80.070 (Specific Sign Standards) and Section 18.680.120 (Temporary Freestanding Sign Standards) and the sign design guidelines adopted under PHMC § 18.60.090; and [Source: 18.115.040.H]

9. The extent of grading and its relationship to topography, as related to visual impacts. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.6, 1996; 1991 code § 35-32.6) [Source:

18.115.040.I]
G. Findings. The Architectural Review Commission may approve, or recommend an approval of, an Architectural Review Permit if it finds that all the following are true, based on the application, plans, materials, and testimony submitted at the public hearing: [Source: NEW] Item 10.1
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18 1. The site demonstrates excellence in architectural design; [Source: 18.115.010.B.1]

2. The siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located; [Source:

18.115.010.B.2]

3. The landscaping of open spaces plans conforms with the requirements of this Chapter and provide visually pleasing settings for structures on the site and on adjoining and nearby lots, and blend harmoniously with the natural landscape; [Source:

18.115.010.B.3]

4. Excessive and unsightly grading of hillsides is minimized, and the preservation of natural landforms and existing vegetation is encouraged in the design of the site; [Source: 18.115.010.B.4]

5. The site complies with the Citywide Design Guidelines and Residential Objective Design Standards; and [Source: 18.115.010.B.5-6]

18.110.040 Conditions of Approval
The Aarchitectural Rreview Ccommission or Zzoning Aadministrator may impose conditions reasonably related to the application and consistent with this Cchapter. They may not impose requirements pertaining to use, density, floor area ratio (FAR), open space, yard setbacks, ridgeline and creek setbacks, parking or loading, or signs more restrictive than those prescribed by the Pplanning Ccommission and the districtzoning district regulations or a valid Uuse Ppermit or Vvariance. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.8, 1996; 1991 code § 35-32.8) [Source: 18.115.050]

18.110.050 Lapse of Approval – Changes to Plans
A. Lapse of Aapproval. An Aarchitectural Rreview Ppermit lapses one year12 months from its effective date unless: [Source: 18.115.060.A]

1. A Construction Bbuilding Ppermit (e.g., Demolition, Building, Grading, Site) has been issued, substantial money has been expended, and construction activities has commenced, and applicable preconstruction tasks have starteddiligently pursued; or [Source: 18.115.060.A.1]

2. An Ooccupancy Ppermit has been issued; or [Source: 18.115.060.A.2]

3. The approval is renewed by the Aarchitectural Rreview Ccommission. [Source:

18.115.060.A.3]
B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Architectural Review Permit which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.115.060.B]

1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission. [Source:

18.115.060.B]
Item 10.1
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19 2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Architectural Review Permit. [Source: 18.115.060.B] Changed plans. The zoning administrator may approve a change to the approved plans or to the conditions of approval upon a written determination that the change is minor and consistent with the intent of the original approval. A revision involving a substantial change in project design or a condition of approval requires a new application and approval B. , for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original architectural review permit. (Ord. 856 § 2 (Exh. A), 2011; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.10, 1996; 1991 code § 35-32.10) [Source:

18.115.060.B]

18.110.060 Resubmittal of Application
Following denial of an an application for Aarchitectural Rreview Permit application, no new application for the same, or substantially the same, architectural review plan shall be accepted within one year12 months of the date of denial, unless the denial was made without prejudice. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.12, 1996; 1991 code § 35-32.12) [Source: 18.115.070] Item 10.1
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20 Chapter 18.115
Development Plan
Item 10.1
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21 Chapter 18.115 Development Plan
Sections

18.115.010 Purpose and Applicability

18.115.020 Approval Authority

18.115.030 Filing, Processing, and Review

18.115.040 Findings

18.115.050 Conditions of Approval

18.115.060 Lapse of Approval – Changes to Plans

18.115.070 Resubmittal of Application

18.115.010 Purpose and Applicability
A. A Ddevelopment Pplan is required for any of the following types of development projects:
[Source: 18.90.010]

1. (1) all new stores, motels, offices, restaurants and similar new Any new structure(s) designed for an occupancy load of 30 persons or more.,

2. (2) property Lots zoned PUD., or [Source: 18.90.010]

3. (3) anAn addition of 7,000 square feet or more to an any existing store, motel, office, restaurant or similar structure structure(s), except for single-family residential structures. [Source: 18.90.010]
B. A Ddevelopment Pplan is not required for the construction or alteration of a single-family residential structurece. [Source: 18.90.010]
C. Development Pplan approval is required in addition to an Aarchitectural Rreview Permit under PHMC Chapter 18.115Chapter 18.110 (Architectural Review Permits). (Ord. 710 § 35-28.1, 1996; 1991 code § 35-28.1) [Source: 18.90.010]

18.115.020 Approval Authority
The Pplanning Ccommission has the authority to approve, conditionally approve, or deny applications for Ddevelopment Pplans. (Ord. 710 § 35-28.2, 1996; 1991 code § 35-28.2) [Source: 18.90.020]

18.115.030 Filing, Processing, and Review
A. Application. Application. An applicant for a Development Plan shall submit the following:
[Source: 18.90.030.A]

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.90.030.A]
Item 10.1
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22 A. The applicant shall submit a request for a development plan to the zoning administrator on a form provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. [Source: 18.90.030.A]

B.1. The Pplanning Ccommission shall hold a public hearing on an application for a Ddevelopment Pplan, and shall hear testimony for and against the application and notice such meeting in compliance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.90.030.B]

2. The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source:

NEW]When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing. [Source: 18.90.030.B]
Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.90.030.B] C. Decision. Within 20 working days following the public hearing, The the Pplanning Ccommission shall approve, conditionally approve, or deny an a Development Plan application within 20 working days after the close of the public hearing. The Zzoning Aadministrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. The date of the decision is the date the Planning Ccommission (or City Ccouncil, on appeal) adopts the resolution. [Source: 18.90.030.C] D. Effective Date. A decision under this Cchapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.90.030.D]
E. Appeal. A decision of the Pplanning Ccommission may be appealed to the Ccity cCouncil, all in accordance compliance with the appeal procedures of PHMC Chapter 18.130175 (Appeals and Calls for Review). (Ord. 710 § 35-28.4, 1996; 1991 code § 35-28.4) [Source: 18.90.030.E]

18.115.040 Findings
The Pplanning Ccommission may approve a development plan if it finds that all of the following are true, based on the application, plans, materials, and testimony submitted at the public hearing: [Source:

18.90.040]
Item 10.1
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23 A. The proposed development will not be detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.90.040.A] B. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or in the city; [Source: 18.90.040.B] C. The proposed development is consistent with the policies and goals established by the Ggeneral Pplan; and [Source: 18.90.040.C]
D. The proposed development is architecturally compatible with other developments in the vicinity, both inside and outside the districtzoning district. (Ord. 710 § 35-28.6, 1996; 1991 code § 35-

28.6) [Source: 18.90.040.D]

18.115.050 Conditions of Approval
In approving a Ddevelopment Pplan, the Pplanning Ccommission may impose reasonable conditions necessary to: [Source: 18.90.050]
A. Achieve the general purposes of this Cchapter or the specific purposes of the zoning districtzoning district in which the site is located, or [Source: 18.90.050.A] A.B. Tto make it consistent with the Ggeneral Pplan; [Source: 18.90.050.A] B.C. Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; or [Source: 18.90.050.B] C.D. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-28.8, 1996; 1991 code § 35-28.8) [Source: 18.90.050.C]

18.115.060 Lapse of Approval – Changes to Plans
A. Lapse of Aapproval. A Ddevelopment Pplan lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.90.060.A]

2. A Ccertificate of Ooccupancy has been issued; or [Source: 18.90.060.A.2]

3. The Ddevelopment Pplan is renewed by the Pplanning Ccommission or other hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.90.060.A.3] B. Changes to Pplans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Ddevelopment Pplan which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.90.060.B]

1. If the Zzoning Aadministrator determines that the modification is minor, the Zzoning Aadministrator may approve that minorthe modification administratively., The Zoning Item 10.1
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24 Administrator’s decision and that decision may be appealed to the Pplanning Ccommission. [Source: 18.90.060.B]
B.2. If the Zzoning Aadministrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Ddevelopment Pplan. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-28.10, 1996; 1991 code § 35-28.10) [Source: 18.90.060.B]

18.115.070 Resubmittal of Application
Following the denial of a Ddevelopment Pplan applications, no new application for the same, or substantially the same, Development Pplan shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-28.12, 1996; 1991 code § 35-

28.12) [Source: 18.90.070]
Item 10.1
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25 Chapter 18.120
Minor Exceptions
Item 10.1
City Council Meeting Agenda - Page 1387 of 2120 - Monday, April 21, 2025 Chapter 18.120 Minor Exceptions
26 Chapter 18.120 Minor Exceptions
Sections

18.120.010 Purpose

18.120.020 Applicability

18.120.030 Review Authority

18.120.040 Filing, Processing, and Review

18.120.050 Findings

18.120.060 Conditions of Approval

18.120.070 Lapse of Approval – Changes to Plans

18.120.080 Resubmittal of Application

18.120.010 Purpose
The purposes of this Cchapter isare to:

A. Allow the Zzoning Aadministrator to grant approve a minor exception from specified development standards required by this Titlezoning ordinance. [Source: 18.111.010.A] B. Provide an appropriate process to enable the Zzoning Aadministrator to grant approve a requested Mminor Eexception. [Source: 18.111.010.B]
C. Provide appropriate and reasonable findings to allow the Zzoning Aadministrator to grant approve a requested Mminor Eexception. [Source: 18.111.010.C] D. Ensure that any Minor Eexceptions granted approved under this Chapter will be are consistent with the purpose and intent of this Ttitle. (Ord. 857 § 2, 2011) [Source: 18.111.010.D]

18.120.020 Applicability
A. A Mminor Eexception may be requested for any of the followingitem identified below:

A.1. Fence or Wwall Hheight. Up to a one foot An increase in the maximum allowable height of a fence or wall established in Section 18.65.040 (Residential Fence and Wall Standards) of not more than one foot (see PHMC § 18.20.040.H). [Source:

18.111.020.A]
B.2. Floor Aarea Rratio (FAR). A maximum increase of 10% percent of the existing FAR standard (e.g., if the FAR is 30 percent%, the maximum potential increase would be three3 percent%). [Source: 18.111.020.B]
C.3. Landscaping Aarea. A decrease in minimum landscaping area, or planting area, or dimensional requirements of not more than 20 percent% of the applicable standard established in Section 18.15.040 (Additional Development Standards) and Chapter

18.25.030 (Development Standards for Commercial, Office, and Industrial Districts)(see PHMC §§ 18.20.040.G and 18.25.030). [Source: 18.111.020.C] Item 10.1
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27 D.4. Loading. A decrease in the number of required loading spaces; provided, that if it can be demonstrated that the spaces are not needed for the proposed use and the area that was to be used for the loading space(s) shall be used as additional landscaping, parking, or open space in addition to the minimum ordinance requirements established in Section 18.70.020 (General Requirements for Off-Street Parking and Loading) and Section 18.70.030 (Off-Street Parking and Loading Spaces Required)(see PHMC §§

18.55.020 and 18.55.030). [Source: 18.111.020.D]
E.5. Lot Ccoverage. An increase of not more than 10 percent% of the applicable lot lot coverage standards established in Section 18.15.030 (Development Standards for Residential Zoning districts) (e.g., if the lot coverage standard is 30 percent% x 0.10 = a 10 percent increase would be three3 percent%) (see PHMC § 18.20.030). [Source:

18.111.020.E]

1.6. Lot Ddepth and/or Wwidth. A decrease of not more than 10 percent% of a minimum depth and/or width dimension, only when if the minimum required lot area and density requirements established in Section 18.15.030 (Development Standards for Residential Zoning districts) are met (e.g., a lot depth requirement of 90 feet may be reduced to 81 feet) (see PHMC § 18.20.030). [Source: 18.111.020.F]

2.7. Open Sspace. A decrease of not more than 10 percent% of the minimum required amount of usable open space on the site (private and/or shared), or open space dimensional requirements established in Section 18.15.030 (Development Standards for Residential Zoning districts) and Section 18.15.040 (Additional Development Standards)(see PHMC §§ 18.20.030 and 18.20.040.E). [Source: 18.111.020.G] F.8. Projections. An increase of not more than 20 percent% in the allowable projection of cornices, eaves, fireplaces, masonry chimneys, overhangs, and or steps into a required setback area, (provided, that the projection shall not be closer than three feet to any property line). Projections shall be measured from the required setback (i.e., , not from an existing legal nonconforming setback or from a reduced setback that may be granted through a Vvariance or Mminor Eexception in accordance with) (Section

18.45.080 (Structure Projections into Yards and Courts)see also PHMC § 18.50.020). [Source: 18.111.020.H]
G.9. Screening of Mmechanical Eequipment. Approval of aAlternative methods of screening, including the use of painting or other stealthing or camouflaging techniques, if the zoning administrator it is determineds that other screening methods established in Section 18.65.060 (Screening of Mechanical Equipment) are not feasible and the alternative methods will provide substantial screening consistent with the intent and purpose of this Ttitle (see PHMC § 18.50.090). [Source: 18.111.020.I] H.10. Minimum Setbacksyards. A decrease of not more than 20 percent% of the applicable yard setback standards as established in the base zoning district if consistent with the character of existing development in the surrounding area. In no circumstance shall a Mminor Eexception be granted approved for a main building or accessory structure that reduces yard setbacks to less than the following (see PHMC §§ 18.20.030 and

18.25.030): [Source: 18.111.020.J]
Item 10.1
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28 1.a. Front yardSetback: 16 feet (a minimum of 20 feet shall be maintained for any garage facing the street). [Source: 18.111.020.J.1]

2.b. Side yardsSetback: Tthree feet. [Source: 18.111.020.J.2]

3.c. Rear yardSetback: Ffive feet. [Source: 18.111.020.J.3] I.11. Accessory Sstructures.

1.a. Accessory structures on parcels lots with existing and ongoing agricultural/horticultural uses that are two acres or larger may exceed the maximum floor area and/or height standards specified in PHMC § 18.20.050.A through 18.20.050.DSection 18.15.060 (Accessory Structure and Use:

Residential Zoning districts), provided the accessory structures comply with all other applicable development standards; [Source: 18.111.020.K.1]

2.b. Any other type of decorative landscape structure/feature(s), not identified in PHMC § 18.20.050.G Section 18.15.060 (Accessory Structure and Use:

Residential Zoning districts) (e.g., trellis, fountain, column or similar) exceeding three feet in height, andheight and occupying not more than 10 percent% of the required yard area (either individually or cumulatively). [Source: 18.111.020.K.2]
J. Other Minor Exceptionsrequired dimensions. The zoning administrator may approve minor adjustments exceptions in other required dimensions, up to a change of 20% of the required dimension, excluding any increase in maximum building height (see PHMC §§ 18.20.030 and 18.25.030). [Source: 18.111.020.L]

12. Other minor Exceptionsadjustments. The Zzoning Aadministrator may approve other Mminor Exceptions adjustments tofor other zoning ordinancedevelopment standards established in this Title (excluding any increase in maximum building height and as noted above)in addition to those specified above,; provided, that all the following requirements are met:
a. The adjustment(s) do not result in more than a 20 percent change in any given development standard; [Source: NEW]
b. that all ofAll the findings specified in PHMC § 18.111.040Section 18.120.060 (Findings) are satisfied; and [Source: 18.111.020.M]
K.c. Tthe Pplanning Ccommission is notified of the proposed Mminor Eexception and provided with an opportunity to call the proposed Mminor Eexception up for review by the Planning Commission pursuant to PHMC §

18.130.010Section 18.165.010 (Right to Appeal, Call for Review, Time Limits). [Source: 18.111.020.M]
B. Required Vvariance. A request for an exception to development standards that exceeds the limitations identified in this chapterSubsection A requires the approval of a Vvariance under in compliance with PHMC Chapter 18.110145 (Variance). [Source: 18.111.020.N] Item 10.1
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29 L.C. Approval of a Mminor Eexception and/or eligibility for consideration of approval of a Mminor Eexception does not constitute a basis for future approval of a Minor Exception or Vvariance. (Ord. 857 § 2, 2011) [Source: 18.111.020.N]

18.120.030 Review Authority
A. Authority. The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny Mminor Eexceptions. The Zzoning Aadministrator may, at his or her their discretion, refer a Mminor Eexception application directly to the Pplanning Ccommission for consideration.; [Source: 18.120.030.A]
B. except that wheneverIf more than one Mminor Eexception is requested for a property lot (either concurrently or sequentially over time), the Mminor Eexception request(s) shall be referred to the Pplanning Ccommission for consideration at a public hearing. [Source: 18.120.030.A]

18.120.040 Application Requirements
A. Application. The applicant shall submit a request for a minor exception to the zoning administrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. [Source: 18.120.030.B]

18.120.05018.120.040 Filing, Processing, and Review
A. Application. An applicant for a Minor Exception shall submit the following:

1. A complete application and all applicable materials and information as provided by the Planning Division. [ Source: 18.90.030.A]

1. Notice. Within 20 calendar days after the application is deemed complete, tThe Zzoning Aadministrator 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 provide notice to the, Pplanning Ccommission, and Ccity Ccouncil that a decision will be made by the Zzoning Aadministrator to approve or disapprove deny the Mminor Eexception application on a date specified in the notice., [Source: 18.120.030.C]

2. Public Hearing.
a. and that aFor a Minor Exception application being reviewed by the Zoning Administrator, 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 accordance with PHMC Chapter 18.80195 (Notice Requirements). [Source: 18.120.030.C b. When multiple applications for a Minor Exception are submitted for a single site or a project has multiple discretionary permits or entitlements, the public Item 10.1
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30 hearing shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
A.c. in conjunction with a request for a minor exception, and when any of these applications require planning commission review, the zoning administrator shall schedule a combined public hearing for all of the applications before the planning commission. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.120.030.C] C. Decision.

1. Within 20 working days following the issuance of a public notice as specified in Paragraph A.1 of this Section, or the public hearing, The the Zzoning Aadministrator shall approve, conditionally approve, or deny an application a Minor Exception applicationwithin 20 working days after issuance of a public notice as specified in subsection C of this section or within 20 working days after the close of the public hearing, whichever is applicable. The Zzoning Aadministrator shall mail notice of the decision, including a description of the appeal process as specified in PHMC Chapter

18.13018.175 (Appeals and Calls for Review), to the applicant and any other party requesting notice and shall provide electronic mail (email) notice of the decision to the Pplanning Ccommission and Ccity Ccouncil within 10 calendar days of the decision. [Source: 18.120.030.D]
B.2. In the case of the Pplanning Ccommission review, or Ccity Ccouncil on appeal, the date of the decision is the date the Planning Ccommission or City Ccouncil adopts the resolution approving or denying the application(s). [Source: 18.120.030.D] C.D. Effective Ddate. A decision under this section Chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.120.030.E] E. Appeals. A decision of the Zzoning Aadministrator may be appealed to the Pplanning Ccommission in accordance with Chapter 18.175 (Appeals and Calls for Review)., and a [Source: 18.120.030.F]
D. decision of the planning commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130. [Source:

18.120.030.F]
E.F. Call for Rreview. A decision of the Zzoning Aadministrator may be called for review by any member of the Pplanning Ccommission, Aarchitectural Rreview Ccommission, and/or Ccity Ccouncil pursuant to in accordance with the provisions of Chapter 18.175 (Appeals and Calls for Review)PHMC Chapter 18.130. (Ord. 857 § 2, 2011) [Source: 18.120.030.G]

18.120.06018.120.050 Findings
The Zzoning Aadministrator may approve an application for a Mminor Eexception if the following findings can be made, based on the application, plans, materials, and any public testimony submitted with the application: [Source: 18.111.040]
Item 10.1
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31 A. No practical alternative exists to the proposed exception; [Source: 18.111.040.A] B. The purpose and intent of the subject zone districtzoning district will not be substantially compromised; [Source: 18.111.040.B]
C. There will be no detrimental impact (aesthetically or otherwise) to the site, adjacent properties, or neighborhood; [Source: 18.111.040.C]
D. The project will be in substantial conformance with the city-wide design guidelines; [Source:

18.111.040.D]
E. The proposed project will otherwise be in complyiance with all applicable zoning ordinance standards and requirements of this Title, including any applicable specific plan or planned unit development. (Ord. 857 § 2, 2011) [Source: 18.111.040.E]

18.120.07018.120.060 Conditions of Approval
In approving a Mminor Eexception, the Zzoning Aadministrator may impose reasonable conditions necessary to: [Source: 18.111.050]
A. Achieve the general purposes of this Cchapter or the specific purposes of the zoning districtzoning district in which the site is located, and/or to ensure that the request is consistent with the Ggeneral Pplan; [Source: 18.111.050.A]
B. Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.111.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area; [Source: 18.111.050.C] D. Ensure substantial conformance with city-wide design guidelines. (Ord. 857 § 2, 2011) [Source:

18.111.050.D]

18.120.08018.120.070 Lapse of Approval – Changes to Plans A. An approval for a Minorn Eexception lapses one year12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one any of the following has occurred: [Source: 18.111.060]
A.1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have startedA Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.111.060.A] B.2. A certificate of occupancy has been issued; or [Source: 18.111.060.B] C.3. The exception is renewed by the hearing bodyreview authority which originally approved itthe Minor Exception. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. (Ord. 857 § 2, 2011) [Source:

18.111.060.C]
D.B. A request for a change in the Mminor Eexception or a condition of approval requires a new application for modification of the condition. If the Zzoning Aadministrator determines that the Item 10.1
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32 modification is minor, the zoning administratorthey may approve that minor modification administratively, and that decisionwhich may be appealed to the Pplanning Ccommission. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Mminor Eexception. (Ord. 857 § 2, 2011) [Source: 18.111.070]

18.120.09018.120.080 Resubmittal of Application
Following denial of a Mminor Eexception:,
A. Nno new application for the same, or substantially the same, Mminor Eexception shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.111.080]
B. Upon denial of a minor exception, tThe applicant may apply for a Vvariance under PHMC Chapter 18.110145. (Ord. 857 § 2, 2011) [Source: 18.111.080] Item 10.1
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33 Chapter 18.125
Reasonable Accommodation
Item 10.1
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34 Chapter 18.125 Reasonable Accommodation
Sections

18.125.010 Purpose

18.125.020 Review Authority

18.125.030 Requests

18.125.040 Application Requirements

18.125.050 Filing, Processing, and Review

18.125.060 Findings

18.125.070 Appeal

18.125.010 Purpose
It is the Ccity’s policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this Cchapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of the zoning development requirements and standards established in this Title. [Source: 18.112.010]
This Cchapter is based on requirements of the Ffederal and Sstate of California fair housing laws, and implements the Hhousing Eelement of the city’s Ggeneral Pplan. It is distinct from the requirements for a variance set forth established in Government Code Ssection 65906 and PHMC Chapter 18.110145, (Variances). (Ord. 838 § 1, 2009) [Source: 18.112.010]

18.125.020 Review Authority
A. Zoning Aadministrator. The Zzoning Aadministrator has the authority to review and decide upon requests for Rreasonable Aaccommodation, including whether the applicant is a disabled person within the meaning of this Cchapter, except as noted in subsection A.2Subsection B of this section. The Zzoning Aadministrator may refer the matter to the Pplanning Ccommission or Aarchitectural Rreview Ccommission, as appropriateat their discretion. [Source:

18.112.050.A.1]
B. Planning Ccommission. The Pplanning Ccommission has the authority to review and decide upon requests for Rreasonable Aaccommodation, including whether the applicant is a disabled person within the meaning of this Cchapter, when referred by the Zzoning Aadministrator or when a Rreasonable Aaccommodation request includes any of the following:

1. Aany encroachment into the front yard setback area, r [Source: 18.112.050.A.2

2. Results in a building size increase above what is allowed in the applicable zoning districtzoning district with respect to height, lot coverage, and/or floor area ratio maximums, or [Source: 18.112.050.A.2]

3. whenever aA reduction in required parking is requested. [Source: 18.112.050.A.2] Item 10.1
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35 C. Architectural Rreview Ccommission. The Aarchitectural Rreview Ccommission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this Cchapter, when referred by the ZCzoning Aadministrator. [Source: 18.112.050.A.3]

18.125.030 Requests
A. Request. A A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any entity, disabled person may request a reasonable accommodation in the application of the city’s land use and zoning regulationswhen the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. Such a request may include a modification or exception to the requirements for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers. A Rreasonable Aaccommodation cannot waive a requirement for a conditional Uuse Ppermit when otherwise required or result in approval of uses otherwise prohibited by the Ccity’s General Plan Lland Uuse Element and zoning regulationsZoning Ordinance. [Source: 18.112.030.A]
B. Availability of Iinformation. Information regarding this reasonable accommodation procedure shall be prominently displayed at the public Planning Division’s public information counters in the planning division, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the directorPlanning DirectorZoning Administrator. [Source: 18.112.030.B]
C. Assistance. If an applicant needs assistance in making the request, the Pplanning Ddivision will endeavor to shall provide the assistance necessary to ensure that the process is available to the applicant. [Source: 18.112.030.C]
D. Balancing Rrights and Rrequirements. The city willIn the City’s requests for information, consideration of an application, preparation of written findings, and maintenance of records of Reasonable Accommodation requests, it will attempt to balance:(1)

1. Thethe privacy rights and reasonable request of an applicant for confidentiality by an applicant, with (2) [Source: 18.112.030.D]
D.2. the land use rRequirements for notice and public hearing, factual findings, and rights to appeal, in the city’s requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation. (Ord. 838 § 1, 2009) established in this Title. [Source: 18.112.030.D]

18.125.040 Application Requirements
A. Application. The applicant shall submit a request for Rreasonable Aaccommodation on a form provided by the Pplanning Ddivision. The application shall include the following information:
[Source: 18.112.040.A]

1. The applicant’s name, address, and telephone number; [Source: 18.112.040.A.1]

2. Address of the property for which the request is being made; [Source: 18.112.040.A.2] Item 10.1
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36 3. The name and address of the property owner, and the owner’s written consent to the application; [Source: 18.112.040.A.3]

4. The current actual use of the property; [Source: 18.112.040.A.4]

5. The basis for the claim that the individual is considered disabled under the fair housing laws.: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person’s medical, physical or mental limitations; [Source: 18.112.040.A.5]

6. 6. The type of accommodation being requested and the rule, policy, practice, and/or procedure of the Zoning Ordinance to be modified or waived. [Source: 18.112.040.A.6 and 18.112.040.A.7]

7. The rule, policy, practice and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested; [Source: 18.112.040.A.6]

8. The type of accommodation sought; [Source: 18.112.040.A.7]

9.7. The reason(s)A description for why the accommodation is reasonable and necessary for the needs of the individual(s) with the disabilitydisabled person(s) to use and enjoy the housing unit. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation; [Source:

18.112.040.A.8]

10.8. Copies of memoranda, correspondence, pictures, plans, or background information reasonably necessary to reach a decision regarding the need for the accommodation; and [Source: 18.112.040.A.9]

11.9. Other supportive information deemed necessary by the department Planning Division to facilitate proper consideration of the request, consistent with fair housing laws. [Source: 18.112.040.A.10]
B. Review with Oother Lland Uuse Aapplications. If the project for which the Rreasonable Aaccommodation is being requested also requires some other discretionary approval (such asei.ge., conditional Uuse Ppermit, Aarchitectural Rreview Permit, Ggeneral Pplan Aamendment, Zzoning Aamendment, Ssubdivision Mmap), then the applicant shall submit the Rreasonable Aaccommodation application first for a determination by the Zzoning Aadministrator, before proceeding with the other applications. [Source: 18.112.040.B] C. Fee. The fee for an application for Rreasonable Aaccommodation shall be established by resolution of the Ccity Ccouncil. (Ord. 838 § 1, 2009) [Source: 18.112.040.C]

18.125.050 Filing, Processing, and Review
A. Notice and Public Hearing. No advance notice or public hearing is required for consideration of Rreasonable Aaccommodation requests by the Zzoning Aadministrator. Requests for Rreasonable Aaccommodation subject to review by the Pplanning Ccommission or Aarchitectural Rreview Ccommission shall require advance notice and a public hearing Item 10.1
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37 pursuant toin compliance with the requirements of PHMC § Chapter 18.80.030195 (Notice Requirements). [Source: 18.112.050.B]
B. Decision.

B.1. Within 30 working days following the submittal of a complete application, the The Zzoning Aadministrator shall render approve, conditionally approve, or deny a Reasonable Accommodation application, or a decision or refer the matter to the Pplanning Ccommission or Aarchitectural Rreview Ccommission within 30 calendar days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in PHMC § 18.112.060. The Zoning Administrator shall mail notice of the decision to the applicant and all residents and property owners within 300 feet of the project siteThe Ndecision shall be in writing and mailed to the applicant and to all residents and property owners within 300 feet of the project site. [Source: 18.112.050.C]

2. If the application for Rreasonable Aaccommodation involves another discretionary decision, the reviewing body review authority for that decision shall accept as final the determination regarding Rreasonable Aaccommodation by the Zzoning Aadministrator, unless the Rreasonable Aaccommodation request has been referred by the zoning administrator to the Pplanning Ccommission or Aarchitectural Rreview Ccommission for consideration. [Source: 18.112.050.C]

3. If the application for Rreasonable Aaccommodation is referred to, or reviewed by, the Pplanning Ccommission or Aarchitectural Rreview Ccommission, a decision to approve, approve with conditionsconditionally approve, or deny the application shall be rendered within 20 working days after the close of the public hearing, based on the findings set forth in PHMC § 18.112.060. (Ord. 838 § 1, 2009). [Source: 18.112.050.C]

18.125.060 Findings
A. Findings. The reviewing authorityreview authority shall approve or conditionally approve an application for Reasonable Accommodation the application, with or without conditions, if it can make the following findings: [Source: 18.112.060.A]

1. The housing will be used by a qualified disabled person; [Source: 18.112.060.A.1]

2. The requested accommodation is necessary to make specific housing available to a disabled qualified person; [Source: 18.112.060.A.2]

3. The requested accommodation would not impose an undue financial or administrative burden on the Ccity; and [Source: 18.112.060.A.3]

4. The requested accommodation would not require a fundamental alteration in the nature of a Ccity program or law, including land use and zoning. [Source:

18.112.060.A.4]
B. Other Rrequirements. [Source: 18.112.060.B]
Item 10.1
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38 1. An approved request for Rreasonable Aaccommodation is subject to the applicant’s compliance with all other applicable zoning regulations of this Title. [Source:

18.112.060.B.1]

2. A modification approved under this Cchapter is considered a personal accommodation for the individual applicant and does not run with the land. [Source: 18.112.060.B.2

3. Where appropriate, the reviewing authority may apply any or all of the following conditions condition its approval on any or all of the followingto approval: [Source:

18.112.060.B.3]
a. Inspection of the property periodically, as specified, toproperty to verify compliance with this section Chapter and any conditions of approval. The frequency of inspection shall be specified in the condition of approval.; [Source: 18.112.060.B.3.a]
b. Removal of the improvements if or when the need for which the accommodation was granted no longer exists, where if removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists.; [Source: 18.112.060.B.3.b] c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.; [Source: 18.112.060.B.3.c] d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists.; [Source: 18.112.060.B.3.d] e. Measures to reduce the impact on surrounding uses; [Source:

18.112.060.B.3.e]
f. fMeasures in consideration of the physical attributes of the property and structures; [Source: 18.112.060.B.3.f]
g.e. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage, or floor area ratio requirements specified for the Zzone Ddistrict; and. [Source: 18.112.060.B.3.g] h.f. Other conditions necessary to protect the public health, safetysafety, and welfare of surrounding residents, workers, and visitors. (Ord. 838 § 1, 2009) [Source: 18.112.060.B.3.h]

18.125.070 Appeal
A decision by the Zzoning Aadministrator may be appealed to the Pplanning Ccommission and/or Architectural Review Commission and a decision of the Pplanning Ccommission and/or Aarchitectural Rreview Ccommission may be appealed to the Ccity Ccouncil in accordance with the appeal procedures in of PHMC Chapter 18.130175 (Appeals and Calls for Review). (Ord. 838 § 1, 2009) [Source: 18.112.070]
Item 10.1
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39 Item 10.1
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40 Chapter 18.130
Sign Permit
Item 10.1
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41 Chapter 18.130 Sign Permit
Sections

18.130.010 Purpose and Applicability

18.130.020 Review Authority

18.130.030 Filing, Processing, and Review

18.130.040 Findings

18.130.050 Conditions of Approval

18.130.060 Lapse of Approval – Changes to Plans

18.130.070 Revocation

18.130.010 Purpose and Applicability
No sign shall be erected or displayed without a Ssign Ppermit or temporary sign permit, unless the sign is exempt under PHMC § Section 18.60.02018.80.040 (Exempt Signs). [Source: 18.105.010]

18.130.020 Review Authority
A. The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a Ssign Ppermit. The Zzoning Aadministrator may, in his or her discretion, refer a Ssign Ppermit directly to the Aarchitectural Rreview Ccommission. [Source: 18.105.020] B. In addition to Subsection A, tThe Aarchitectural Rreview Ccommission has the authority to approve, conditionally approve, or deny a Ssign Ppermit for a theater or marquee sign under PHMC § 18.60.050.FSection 18.80.070 (Specific Sign Standards). [Source: 18.105.020]

18.130.030 Filing, Processing, and Review
A. Application. An applicant for a Sign Permit shall submit the following: [Source: 18.105.030.A]

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.105.030.A]

2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: Source: 18.105.030.A]
A. Application. The applicant shall submit a request for a sign permit, to the zoning administrato on forms provided by the city. An application is determined to be complete in accordance with PHMC § 18.75.030. [Source: 18.105.030.A]]The Zoning Administrator may waive submission of items deemed unnecessary to determine compliance with applicable requirements of this Chapter. [Source: NEW]
B. Notice and Public Hearing.

Item 10.1
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42 1. No notice or public hearing is required, unless referred to the Architectural Review Commission or appealed to the Planning Commission and/or City Council, in which case a public hearing shall be held and noticed in compliance with Chapter 18.195 (Notice Requirements). [Source: 18.105.030.A]

1. Within 10 working days following the submittal of a complete application, The the Zzoning Aadministrator shall approve, conditionally approve, or deny an application a Sign Permit applicationwithin 10 working days. [Source: 18.105.030.B]

2. If the Zoning Administrator refers an application for a Sign Permit to the Architectural Review Commission, the Architectural Review Commission The architectural review commission shall approve, conditionally approve, or deny an application within 30 20 working days following the close of the public hearing. [Source: 18.105.030.B] B.3. The Zzoning Aadministrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B] D. Effective Ddate – Appeal. . A Ssign Ppermit or master sign program approval or temporary sign permit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) has been exhausted.

C.E. Appeal. Any interested person may appeal a decision of the application by the Zzoning Aadministrator to the Aarchitectural Rreview Ccommission and a decision of the Aarchitectural Rreview Ccommission to the Ccity Ccouncil, in accordance with PHMC Chapter 18.130Chapter

18.175 (Appeals and Calls for Review). [Source: 18.105.030.C] D.F. Projects with Mmultiple Ddiscretionary Aapplications. Notwithstanding Ssubsections B and C of this section, for projects requiring a discretionary permit approval from the Pplanning Ccommission and/or Ccity Ccouncil in conjunction with approval of a Ssign Ppermit and/or master sign program, the Pplanning Ccommission and/or Ccity Ccouncil shall be the final decision-maker for the Ssign Ppermit and/or master sign program and any action of the Zzoning Aadministrator and/or Aarchitectural Rreview Ccommission shall be considered advisory to the Pplanning Ccommission and/or Ccity Ccouncil. (Ord. 921 § 2, 2018; Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.4, 1996; 1991 code § 35-30A.4) [Source: 18.105.030.D]

18.130.040 Findings
The review authorityzoning administrator or architectural review commission shall consider the following elements in evaluating a Ssign Ppermit application: [Source: 18.105.040.A] A. Visibility and legibility, including: [Source: 18.105.040.A.1]

1. Lletter height and legibility, [Source: 18.105.040.A.1] Item 10.1
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43 2. Ccontrast-background relationship [Source: 18.105.040.A.1]

3. , pPlacement and location , and the i[Source: 18.105.040.A.1]

4. Impact of other signs in the vicinity, and the [Source: 18.105.040.A.1]

1.5. Aaverage travel speed on adjacent streets. [Source: 18.105.040.A.1] B. Intensity of illumination of both the proposed sign and other signs in the vicinity, and other light sources such as street lightsstreetlights or canopy lights. [Source: 18.105.040.A.2] C. The relation to the architectural design of the building. An attractive scale between the sign, the building, and the immediate surroundings shall be maintained. A signSigns that which covers a window or which , spills over natural boundaries or architectural features, or and obliterates obstructs block parts of an upper floor of a building may are not be permittedallowed. [Source: 18.105.040.A.3]
D. The graphic design, including emphasis on simplicity, style, trademarks or business identification, and use of symbols. [Source: 18.105.040.A.4] E. The sign proposal conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines. [Source: 18.105.040.A.5]

18.130.050 Conditions of Approval
In approving a Ssign Ppermit, master sign program or temporary sign permit, the zoning administrator or architectural review commission review authority may impose reasonable conditions necessary to:
[Source: 18.105.050]
A. Achieve consistency with the general purposes of this Cchapter, or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with and the Ggeneral Pplan; [Source: 18.105.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure the sign is operation and maintenance of the use in a manner compatible with existing and potential uses on-site and adjoining properties or in the surrounding area. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.8, 1996; 1991 code § 35-30A.8) [Source:

18.105.050.C]

18.130.060 Lapse of Approval – Changes to Plans
A. Sign permit. Lapse of Approval. A Ssign Ppermit lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless the sign is placed within that time. [Source: 18.105.060.A]
B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]

1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Item 10.1
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44 Administrator’s decision may be appealed to the Planning Commission. [Source:

18.105.060.A]

2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Sign Permit. [Source: 18.105.060.A]
A. A request for a change in the sign permit or a condition of approval requires a new application, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original sign permit. If the zoning administrator determines that the proposed modification is minor, the zoning administrator may approve the minor modification administratively . [Source: 18.105.060.A]

18.130.070 Revocation
A. Revocation. A sign permit, master sign program or temporary sign permit complianceexercised in violation of this chapter or a condition of approval may be revoked as provided in PHMC §

18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10) [Source: 18.105.060.D] A. A Sign Permit may be revoked in compliance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]
B. Resubmittal of Application. Following denial of a Ssign Ppermit or master sign program, no new application for the same, or substantially the same, permit or program shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.12, 1996; 1991 code § 35- 30A.12) [Source: 18.105.070]
Item 10.1
City Council Meeting Agenda - Page 1406 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
45 Chapter 18.135
Temporary Sign Permit
Item 10.1
City Council Meeting Agenda - Page 1407 of 2120 - Monday, April 21, 2025 Chapter 18.135 Temporary Sign Permit
46 Chapter 18.135 Temporary Sign Permit
Sections

18.135.010 Purpose and Applicability

18.135.020 Review Authority

18.135.030 Filing, Processing, and Review

18.135.040 Findings

18.135.050 Conditions of Approval

18.135.060 Lapse of Approval – Changes to Plans

18.135.070 Revocation

18.135.080 Resubmittal of Application

18.135.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish filing and processing procedures for temporary signs as required under Section 18.80.030 (Permit Required). [Source: NEW] B. Applicability. A Temporary Sign Permit is required for all temporary signs, unless exempt under Section 18.80.040 (Exempt Signs). [Source: NEW]
No sign shall be erected or displayed without a sign permit or temporary sign permit, unless the sign is exempt under PHMC § 18.60.020. [Source: 18.105.010] A temporary sign permit is required to authorize certain temporary signs under PHMC §

18.60.030.C. [Source: 18.105.010]

18.135.020 Review Authority
The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a sign permita Temporary Sign Permit application, whether a Mmaster Ssign Pprogram exists or not, or a temporary sign permit under PHMC § 18.60.030. The Zzoning Aadministrator may, in his or her discretion, refer a sign permit or Ttemporary Ssign Ppermit directly to the Aarchitectural Rreview Ccommission. [Source:

18.105.020]

18.135.030 Filing, Processing, and Review
A. Application. An applicant for a Temporary Sign Permit shall submit the following: [Source:

18.115.030.A]

1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: NEW]

2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: NEW]
Item 10.1
City Council Meeting Agenda - Page 1408 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
47 B. Application. The applicant shall submit a request for a sign permit, master sign program or temporary sign permit to the zoning administrator on forms provided by the city. An application is determined to be complete in accordance with PHMC § 18.75.030. [Source:

18.105.030.A]Noticing and Public Hearing. No notice or public hearing is required, unless the decision is appealed to the Planning Commission and/or City CouncilArchitectural Review Commission. [Source: 18.105.030.A].

A.C. Decision. Within 10 working days following the submittal of a complete application, The the Zzoning Aadministrator shall approve, conditionally approve, or deny an application within 10 working daysa Temporary Sign Permit application. The architectural review commission shall approve, conditionally approve or deny an application within 30 working days. The Zzoning Aadministrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B]
D. Effective Ddate – Appeal.. A sign permit or master sign program approval or Ttemporary Ssign Ppermit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted.

B.E. Appeal. Any interested person may appeal a decision of the application by the Zzoning Aadministrator to the Aarchitectural Rreview Ccommission and of the architectural review commission to the city council, in accordance with PHMC Chapter 18.130Chapter 18.175 (Appeals and Calls for Review). [Source: 18.105.030.C]
C.F. Projects with Mmultiple Ddiscretionary Aapplications. Notwithstanding Ssubsections B and C of this section, for projects requiring a discretionary permit approval from the Pplanning Ccommission and/or Ccity Ccouncil in conjunction with approval of a Temporary Sign Permitsign permit and/or master sign program, the Pplanning Ccommission and/or Ccity Ccouncil shall be the final decision-maker for the Temporary Sign Permitsign permit and/or master sign program and any action of the Zzoning Aadministrator and/or architectural review commission shall be considered advisory to the Pplanning Ccommission and/or Ccity Ccouncil. (Ord. 921 § 2, 2018; Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.4, 1996; 1991 code § 35-30A.4) [Source: 18.105.030.D]

18.135.040 Findings
A. The review authority may Temporary sign permit. Before approving approve an application for a Ttemporary Ssign Ppermit, the zoning administrator must if it finds thaall of the following to be true: [Source: 18.105.040.C]
B.A. The proposed temporary sign will be located, operated, and maintained in a manner consistent with the Ggeneral Pplan and this Cchapter; [Source: 18.105.040.C.1] C.B. Approval of the application Temporary Sign Permit will not be detrimental to adjacent properties or to , property in the surrounding area, or to the public health, safety, or general welfare; and [Source: 18.105.040.C.2]
C. The proposed temporary sign proposal conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Item 10.1
City Council Meeting Agenda - Page 1409 of 2120 - Monday, April 21, 2025 Chapter 18.135 Temporary Sign Permit
48 Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.6, 1996; 1991 code § 35-30A.6) [Source:

18.105.040.C.3]
D. Ensure the temporary sign is incompliance with the sign display duration standards established in Section 18.80.090 (Temporary Freestanding Sign Standards) and Section 18.80.100 (Standards for Other Types of Temporary Signs) in Part 3 of this Title. [Source: NEW]

18.135.050 Conditions of Approval
In approving a sign permit, master sign program or Ttemporary Ssign Ppermit, the zoning administrator or architectural review commission review authority may impose reasonable conditions necessary to:
[Source: 18.105.050]
A. Achieve consistency with the general purposes of this Cchapter, or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with and the Ggeneral Pplan; [Source: 18.105.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure temporary sign is displayed operation and maintenance of the use in a manner compatible with existing and potential uses on-site and on adjoining properties or in the surrounding area. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.8, 1996; 1991 code § 35-30A.8) [Source: 18.105.050.C]
C.

18.135.060 Lapse of Approval – Changes to Plans
A. Temporary sign permit. Lapse of Approval. A Ttemporary Ssign Ppermit is valid for the time periodduration of the period specified in the permit application. The A Temporary Sign Permit permit lapses if not used within the dates approved. [Source: 18.105.060.C] A. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]

18.135.070 Revocation
Revocation. A sign permit, master sign program or Ttemporary Ssign Ppermit may be revoked in accordance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) exercised if found in violation of this Cchapter or a condition of approval may be revoked as provided in PHMC § Item 10.1
City Council Meeting Agenda - Page 1410 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
49 18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10) [Source: 18.105.060.D]

18.135.080 Resubmittal of Application
Following denial of a Ssign Ppermit or Mmaster Ssign PprogramTemporary Sign Permit, no new application for the same, or substantially the same, permit or program shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.12, 1996; 1991 code § 35-30A.12) [Source:

18.105.070]
Item 10.1
City Council Meeting Agenda - Page 1411 of 2120 - Monday, April 21, 2025 Chapter 18.140 Master Sign Program
50 Chapter 18.140
Master Sign Program
Item 10.1
City Council Meeting Agenda - Page 1412 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.140 Revised Preliminary Draft – March 2025
51 Chapter 18.140 Master Sign Program
Sections

18.140.010 Purpose and Applicability

18.140.020 Review Authority

18.140.030 Filing, Processing, and Review

18.140.040 Findings

18.140.050 Conditions of Approval

18.140.060 Lapse of Approval – Changes to Plans

18.140.070 Revocation

18.140.080 Resubmittal of Application

18.140.010 Purpose and Applicability
A MCmaster Ssign Pprogram , under PHMC § 18.60.080, is required for a site having with four or more nonresidential occupantstenants. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh.

B), 1999; Ord. 710 § 35-30A.1, 1996; 1991 code § 35-30A.1) [Source: 18.105.010]

18.140.020 Review Authority
The Aarchitectural Rreview Ccommission has the authority to: [Source: 18.105.020] A. Aapprove, conditionally approve, or deny a Mmaster Ssign Pprogram and an amendments to a Mmaster Ssign Pprogram. [Source: 18.105.020]
B. , to Pprepare sign design criteria under Chapter 18.80 (Signs)PHMC § 18.60.. [Source:

18.105.020]

18.140.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for request for a sign permit, Mmaster Ssign Pprogram or temporary sign permit to the Zzoning Aadministrator on forms provided by the city. An application is determined to be complete in accordance with PHMC §

18.75.030. [Source: 18.105.030.A]
A.

1. The application for a Mmaster Ssign Pprogram shall include all of the following:
[Source: 18.105.030.A]

1.2. A master sign programPlans, drawn to scale, delineating the site proposed to be included within the Master Ssign Pprogram and the general location of all signs; [Source: 18.105.030.A.1]
Item 10.1
City Council Meeting Agenda - Page 1413 of 2120 - Monday, April 21, 2025 Chapter 18.140 Master Sign Program
52 2.3. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, ground signs, or projecting signs are proposed; [Source: 18.105.030.A.2]

3.a. A statement of the reasons for any requested modification to the regulations or standards of PHMC Chapter 18.6018.80 (Signs); and [Source:

18.105.030.A.3]

4.b. A written program specifying sign standards, including color, size, construction details, placement, and necessity for Ccity review, for distribution to future tenants. [Source: 18.105.030.A.4]

4. Noticing and Public Hearing.
a. The Architectural Review Commission shall hold a public hearing on an application for a Master Sign Program and notice such meeting in compliance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source:

18.90.030.B]
b. The public hearing shall be scheduled within 20 calendar days of the application being deemed complete and held within 60 calendar days of the application being deemed complete. [Source: 18.90.030.B] No notice or public hearing is required.

B. Decision. Within 20 working days following the public hearing, The zoning administrator shall approve, conditionally approve or deny an application within 10 working days. The the Aarchitectural Rreview Ccommission shall approve, conditionally approve, or deny an application within 30 working daysa Master Sign Program application. The Zzoning Aadministrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B]
C. Effective Ddate – Appeal. . AA sign permit or Mmaster Ssign Pprogram approval or temporary sign permit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted.

C.D. Appeal. Any interested person may appeal a decision of the application by the zoning administrator to the architectural review commission and of the Aarchitectural Rreview Ccommission to the Ccity Ccouncil, in accordance with PHMC Chapter 18.130Chapter 18.175 (Appeals and Calls for Review). [Source: 18.105.030.C]
D.E. Projects with Mmultiple Ddiscretionary Aapplications. Notwithstanding Ssubsections BB and CC of this section, for projects requiring a discretionary permit approval from the Pplanning Ccommission and/or Ccity Ccouncil in conjunction with approval of a Ssign Ppermit and/or Mmaster Ssign Pprogram, the Pplanning Ccommission and/or Ccity Ccouncil shall be the final decision-maker for the Ssign Ppermit and/or Mmaster Ssign Pprogram and any action of the Zzoning Aadministrator and/or Aarchitectural Rreview Ccommission shall be considered advisory to the Pplanning Ccommission and/or Ccity Ccouncil. (Ord. 921 § 2, 2018; Ord. 856 Item 10.1
City Council Meeting Agenda - Page 1414 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.140 Revised Preliminary Draft – March 2025
53 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.4, 1996; 1991 code § 35-30A.4) [Source: 18.105.030.D]

18.140.040 Findings
Master sign program. The review authority may approve an application for a Before approving a Mmaster Ssign Pprogram, the architectural review commission must find that if it finds all of the following to be true: [Source: 18.105.040.B]
A. The Master Sign Pprogram’s contribution to the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of PHMC §

18.60.050Section 18.60.050 (Specific Sign Standards), Specific sign standards; [Source:

18.105.040.B.1]
B. The proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other; and [Source: 18.105.040.B.2] C. Future tenants will not be denied adequate opportunities for identification if transfers of sign area from one building frontage to another are proposed by the Mmaster Ssign Pprogram. [Source: 18.105.040.B.3]
D. The Mmaster Ssign Pprogram conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines. [Source: 18.105.040.B.4]

18.140.050 Conditions of Approval
In approving a sign permit, Mmaster Ssign Pprogram or temporary sign permit, the zoning administrator or architectural review commission review authority may impose reasonable conditions necessary to:
[Source: 18.105.050]
A. Achieve consistency with the general purposes of this Cchapter, or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with and the Ggeneral Pplan; [Source: 18.105.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure the implementation of a master sign program operation and maintenance of the use in a manner is compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.8, 1996; 1991 code § 35-30A.8) [Source: 18.105.050.C]

18.140.060 Lapse of Approval – Changes to Plans
A. Master sign program.Lapse of Approval. The approval of a Mmaster Ssign Pprogram does not lapse, but and remains in effect to regulate future signs on the lots included in the Master Sign Program. [Source: 18.105.060.B]
B. Changes to Master Sign Program. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source:

18.105.060.A]
Item 10.1
City Council Meeting Agenda - Page 1415 of 2120 - Monday, April 21, 2025 Chapter 18.140 Master Sign Program
54 1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Architectural Review Commission. [Source: 18.105.060.A]

2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Temporary Sign Permit. [Source: 18.105.060.A]
A request for a change in the master sign program or a condition of approval requires a new application. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original master sign program. If the zoning administrator determines that the proposed modification is minor, the zoning administrator may approve the minor modification administratively. [Source: 18.105.060.B]
A.C. Deviation for Single Tenant. A request for a deviation for a single tenant from the site Master Sign Program shall be processed in the same manner as a Sign Permit, with review by the Architectural Review Commission in compliance with Chapter 18.130 (Sign Permits)..030. [Source: NEW]

18.140.070 Revocation
Revocation. A Ssign Ppermit, Mmaster Ssign Pprogram , or Ttemporary Ssign Ppermit may be revoked in accordance with Section 18.135.040 (Revocation or Modification of Discretionary Permits) exercised if found in violation of this Cchapter or a condition of approval may be revoked as provided in PHMC §

18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10) [Source: 18.105.060.D]

18.140.080 Resubmittal of Application
Following denial of a Ssign Ppermit or Mmaster Ssign Pprogram, no new application for the same, or substantially the same, permit or program shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.12, 1996; 1991 code § 35-30A.12) [Source: 18.105.070] Item 10.1
City Council Meeting Agenda - Page 1416 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
55 Chapter 18.135
Use Permit
Item 10.1
City Council Meeting Agenda - Page 1417 of 2120 - Monday, April 21, 2025 Chapter 18.135 Use Permit
56 Chapter 18.145 Use Permit
Sections

18.145.010 Purpose and Applicability

18.145.020 Review Authority

18.145.030 Filing, Processing, and Review

18.145.040 Findings

18.145.050 Conditions of Approval

18.145.060 Lapse of Approval – Changes to Plans

18.145.070 Revocation

18.145.080 Resubmittal of Application

18.145.010 Purpose and Applicability
A. Purpose. Use Permits provide a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but the effect on the site and surroundings require additional consideration as part of the review process. [Source: NEW] B. Applicability.

1. Use Permit. A Uuse Ppermit is required for certain uses to be located within a zoning districtzoning district. Generally, a Uuse Ppermit is required because the use classification has unusual site development features or operating characteristics which require special consideration to be compatibledetermine compatibility with the surrounding area. [Source: 18.95.010]

2. Minor Use Permit. A Minor Use Permit is required where a Use Permit is needed for existing structures or a portion of a structure in any zoning district, certain wireless telecommunication facilities, or as otherwise specified in this Title or as determined by the Zoning Administrator. [Source: 18.95.020]

3. Temporary Use Permit. An application for a Ttemporary Uuse Ppermit is governed by PHMC Chapter 18.100Chapter 18.150 (Use Permit, Temporary). (Ord. 710 § 35-29.1, 1996; 1991 code § 35-29.1) [Source: 18.95.010]

18.145.020 Review Authority
A. Use Permit. The Pplanning Ccommission has the authority to approve, conditionally approve, or deny Uuse Ppermits applications., [Source: 18.95.020] B. Minor Use Permit. except that tThe Zzoning Aadministrator has the authority to approve, conditionally approve, or deny an application for a Mminor Uuse Ppermit application. or any use permit in PHMC Title 18 granting the approval authority to the zoning administrator. A minor use permit is a use permit pertaining to an existing structure or portion of a structure located in any zoning district, or certain qualifying wireless telecommunications facilities as specified by Item 10.1
City Council Meeting Agenda - Page 1418 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
57 PHMC Chapter 18.67. The Zzoning Aadministrator, in his or her their discretion, may refer a Mminor Uuse Ppermit application directly to the Pplanning Ccommission for review, in which case the application shall comply with the processing procedures for a Use Permit as established in this Chapter. (Ord. 966 § 5, 2023; Ord. 934 § 11, 2019; Ord. 757 § 4, 2001; Ord. 710 § 35-29.2, 1996; 1991 code § 35-29.2) [Source: 18.95.020]

18.145.030 Filing, Processing, and Review
A. Application. An applicant for a Use Permit or Minor Use Permit shall submit the following:
[Source: 18.95.030.A]

1. A complete application for a Use Permit and all applicable materials and information as provided by the Planning Division. [Source: 18.95.030.A]

2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: 18.95.030.A]
A. Application. The applicant shall submit a request for a use permit to the zoning administrator on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. A use permit application for certain uses in a residential zoning district is subject to pre-application review by other agencies, pursuant to PHMC § 18.20.075. [Source:

18.95.030.A]
B. Notice and Ppublic Hhearing.

1. Use Permit. The Pplanning Ccommission, or the Zzoning Aadministrator for a Mminor Uuse Ppermit, shall hold a public hearing on an application for a Uuse Ppermit, and shall hear testimony for and against the application. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.95.030.B]

1. , unless exempted in this Title

2. Minor Use Permit. The Zoning Administrator shall hold a public hearing on an application for a Minor Use Permit, unless exempted in this Title. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). [Source: NEW]

3. Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW] The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the Item 10.1
City Council Meeting Agenda - Page 1419 of 2120 - Monday, April 21, 2025 Chapter 18.135 Use Permit
58 application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing. [Source: 18.95.030.B] Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.95.030.B]
C. Decision.

1. Use Permit. Within 20 working days following the public hearing, The the hearing body Planning Commission shall approve, conditionally approve, or deny an application a Use Permit application within 20 working days after the close of the public hearing. [Source: 18.95.030.C]

2. Minor Use Permit. Within 20 working days following the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Use Permit application. [Source: 18.95.030.C]
B.3. Notice of Decision. The Zzoning Aadministrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision.

In the case of an appeal to the pPlanning Ccommission, or Ccity Ccouncil on appeal, the date of the decision is the date the Planning Ccommission or City Ccouncil adopts the resolution. [Source: 18.95.030.C]
C.D. Effective Ddate. A decision under this Cchapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhaustedcompliance. [Source: 18.95.030.D] D.E. Appeal. A decision of the Zzoning Aadministrator may be appealed to the Pplanning Ccommission, and a decision of the Pplanning Ccommission may be appealed to the Ccity Ccouncil, all in compliancen accordance with the appeal procedures of PHMC Chapter

18.130Chapter 18.165 (Appeals and Call for Review). (Ord. 867 § 12, 2012; Ord. 727 § 16, 1998; Ord. 710 § 35-29.4, 1996; 1991 code § 35-29.4) [Source: 18.95.030.E]

18.145.040 Findings
The review authority planning commission (or zoning administrator, for a minor use permit) may approve an application for a Uuse Ppermit, or Minor Use Permit, if it finds all of the following to be true, based on the application, plans, materials and testimony submitted at the public hearing: [Source:

18.95.040]
A. The proposed use will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use; [Source: 18.95.040.A] B. The proposed use will not be injurious or detrimental to adjacent properties or to property in the neighborhood or to the general welfare of the city; and [Source: 18.95.040.B] C. The proposed use is consistent with the policies and goals established by the Ggeneral Pplan. [Source: 18.95.040.C]
Item 10.1
City Council Meeting Agenda - Page 1420 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
59 D. In addition, iIf the Uuse Ppermit is for a residential use in a residential zoning districtzoning district pursuant toin compliance with PHMC § 18.20.075, the following additional findings are required: [Source: 18.95.040.D]

1. The proposed use is consistent with the purposes of the residential zoning districtzoning districts, as specified in PHMC § 18.20.010Section 18.15.010 (Purpose and Intent of Residential Zoning districts). [Source: 18.95.040.D.1]

2. The proposed use complies with the development and operational standards of PHMC § 18.20.075. [Source: 18.95.040.D.2]

3. The property and existing structures are physically suited to accommodate the use. [Source: 18.95.040.D.3]

4. The proposed use will be compatible with the character of the surrounding neighborhood and the use will not contribute to changing the residential character of the neighborhood. In evaluating this factor, the hearing body review authority mustshall, at a minimum, consider factors such as: [Source: 18.95.040.D.4] a. TheTheI relative size of the facility; [Source: 18.95.040.D.4] b. T.Ithe proximity of the use to schools, parks, and other residential care facilities; [Source: 18.95.040.D.4]
a.c. Proximity to outlets for alcoholic beverages; and [Source: 18.95.040.D.4]

4.d. TIthe existence of substandard physical characteristics in the area (i.e., such as lot lot widths, setbacks, street width, limited available parking, short blocks, etc.). [Source: 18.95.040.D.4]
The planning commission or zoning administrator may approve an application for a minor use permit if all of the above are found to be true, and the proposal is consistent with: (a) the general plan; (b) the general purposes of this chapter; (c) the specific purposes of the applicable base or overlay district; and (d) this chapter. (Ord. 867 § 13, 2012; Ord. 710 § 35-29.6, 1996; 1991 code § 35-29.6) [Source: 18.95.040]

18.145.050 Conditions of Approval
In approving a Uuse Ppermit , or Minor Use Permit, the review authority planning commission or the zoning administrator may impose reasonable conditions necessary to: [Source: 18.95.050] A. Achieve the general purposes of this Cchapter or the specific purposes of the zonezoning district in which the site is located, or to make it consistent with the Ggeneral Pplan; [Source:

18.95.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.95.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-29.8, 1996; 1991 code § 35-29.8) [Source: 18.95.050.C]
Item 10.1
City Council Meeting Agenda - Page 1421 of 2120 - Monday, April 21, 2025 Chapter 18.135 Use Permit
60 18.145.060 Lapse of Approval – Changes to Plans
A. Lapse of Aapproval.

A.1. A Uuse Ppermit, or Minor Use Permit, lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.95.060.A]

1.a. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have startedA Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source:

18.95.060.A.1]

2.b. A Ccertificate of Ooccupancy has been issued; or [Source: 18.95.060.A.2]

3.c. The use is established; or [Source: 18.95.060.A.3] a. The use permit is renewed by the hearing body which originally approved it.

No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.95.060.A.4]
d. The Use Permit or Minor Use Permit is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.95.060.A.4]

2. A Uuse Ppermit, or Minor Use Permit, automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. A lapsed Uuse Ppermit or Minor Use Permit for a residential use is not a binding precedent for future applications. [Source: 18.95.060.A] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Use Permit or Minor Use Permit which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.95.060.B]

18.95.060.B]

2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Use Permit or Minor Use Permit. [Source: 18.95.060.B] B. Changes to plans. A request for a change in the use permit or a condition of approval requires a new application for modification of the condition. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. If the zoning administrator determines that a modification is major, the modification shall be referred for consideration to the final decision-making body that reviewed and approved the original use permit. [Source: 18.95.060.B]
Item 10.1
City Council Meeting Agenda - Page 1422 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.135 Revised Preliminary Draft – March 2025
61 18.145.070 Revocation
A Uuse Ppermit or Minor Use Permit exercised in violation of this Cchapter or a condition of approval may be revoked, as provided in in accordance with PHMC § 18.135.040Section 18.175.040 (Revocation or Modification of Discretionary Permits). (Ord. 867 § 14, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-29.10, 1996; 1991 code § 35-29.10) [Source: 18.95.060.C]

18.145.080 Resubmittal of Application
Following denial of a Uuse Ppermit or Minor Use Permit application, no new application for the same, or substantially the same, Uuse Ppermit or Minor Use Permit shall be accepted within one year 12 months of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-29.12, 1996; 1991 code § 35-29.12) [Source: 18.95.070]
Item 10.1
City Council Meeting Agenda - Page 1423 of 2120 - Monday, April 21, 2025 Chapter 18.150 Use Permit, Temporary
62 Chapter 18.150
Use Permit, Temporary
Item 10.1
City Council Meeting Agenda - Page 1424 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.150 Revised Preliminary Draft – March 2025
63 Chapter 18.150 Use Permit, Temporary
Sections

18.150.010 Purpose and Applicability

18.150.020 Review Authority

18.150.030 Filing, Processing, and Review

18.150.040 Findings

18.150.050 Conditions of Approval

18.150.060 Lapse of Approval

18.150.010 Purpose and Applicability
A. Purpose. This Chapter establishes procedures for allowing ministerial approval of Temporary Use Permits for short-term activities or uses. [Source: NEW] B. Applicability. A Ttemporary Uuse Ppermit is required to authorize certain temporary use classifications, as defined in PHMC § 18.15.070Section 18.190.080 (Temporary Land Use Classifications). A Ttemporary Uuse Ppermit may not be issued more than:

1. Ssix times during any calendar year and or for any up to longer than 14 days for each eventoccurrence. [Source: 18.100.010]

2. Each site shall not have temporary use permits that exceed more than 84 total days during any calendar year.

C. A Ttemporary Uuse Ppermit is not required for a special event held on both private and public property if the sponsor or property owner obtains a Sspecial Eevent Ppermit under PHMC Chapter 6.20 (Special Event Permit) in Title 6 of the Pleasant Hill Municipal Code. (Ord. 865 § 7, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-30.1, 1996; 1991 code § 35-30.1) [Source:

18.100.010]

18.150.020 Review Authority
The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a Ttemporary Uuse Ppermit applications. The Zzoning Aadministrator may, in his or her their discretion, refer a tTemporary Uuse Ppermit application directly to the Pplanning Ccommission. (Ord. 710 § 35-30.2, 1996; 1991 code § 35-30.2) [Source: 18.100.020]

18.150.030 Filing, Processing, and Review
A. Application. The applicant shall submit an complete application for a Temporary Use Permit request for a temporary use permit to the Zzoning Aadministrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.

The Zoning Administrator may request additional plans and materials wWithin five working days of receiving a complete application, the zoning administrator may request additional plans Item 10.1
City Council Meeting Agenda - Page 1425 of 2120 - Monday, April 21, 2025 Chapter 18.150 Use Permit, Temporary
64 and materials necessary if deemed necessary to assess the potential impacts of the proposed temporary use. [Source: 18.100.030.A]
B. Notice and Public Hearing. No notice or public hearing is required for a Temporary Use Permit unless referred or appealed to the Planning Commission. [Source: 18.100.030.A] B.C. Decision. Within five working days following the submission of a complete application, The the Zzoning Aadministrator shall approve, conditionally approve, or deny a Temporary Use Permit application. The Zoning Administrator shall an application within five working days after receiving a complete application, and shall promptly notify the applicant. [Source:

18.100.030.B]
D. Effective Ddate – Appeals – Duration – Revocation. A Ttemporary Uuse Ppermit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.100.030.C] C.E. Appeal. Any interested person may appeal a denial decision of the a Temporary Use Permit application to the Pplanning Ccommission, in accordance compliance with Chapter 18.165 (Appeals and Call for Review)PHMC Chapter 18.130. [Source: 18.100.030.C] The permit is valid for the time period specified in the permit, not to exceed 14 calendar days.

The permit lapses if not used within the dates approved. [Source: 18.100.030.C]

18.150.040 Findings
The Zzoning Aadministrator shall approve anthe application for a Temporary Use Permit if they find all the following to be true as submitted, or in modified form, if the zoning administrator finds that: [Source:

18.100.040]
A. The proposed temporary use will be located, operated, and maintained in a manner consistent with the Ggeneral Pplan and this Cchapter; and [Source: 18.100.040.A] B. Approval of the application will not be detrimental to adjacent properties or to property in the surrounding area or to the public health, safety, or general welfare. (Ord. 710 § 35-30.6, 1996; 1991 code § 35-30.6) [Source: 18.100.040.B]

18.150.050 Conditions of Approval
In approving a Ttemporary Uuse Ppermit, the Zzoning Aadministrator may impose reasonable conditions necessary to: [Source: 18.100.050]
A. Ensure consistency with the general purposes of this Cchapter, the specific purposes of the zoning districtzoning district in which the site is located, and the Ggeneral Pplan; [Source:

18.100.050.A]
B. Protect the public health, safety, and general welfare. This may include, but is not limited to, conditions regarding: traffic, parking, noise, waste, and litter; and [Source: 18.100.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 865 § 8, 2012; Ord. 710 § 35-30.8, 1996; 1991 code § 35-30.8) [Source: 18.100.050.C] Item 10.1
City Council Meeting Agenda - Page 1426 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.150 Revised Preliminary Draft – March 2025
65 18.150.060 Lapse of Approval
A. A Temporary Use Permit lapses if not used within the timeframe in which the permit was approved. [Source: 18.100.030.]
A. Revocation
B. The Zzoning Aadministrator may revoke the permita Temporary Use Permit for a violation of the terms of the permit. The revocation is effective immediately upon verbal or written notice to the permit holder. The Zzoning Aadministrator shall confirm any verbal notice in writing within two working days. (Ord. 727 § 7, 1998; Ord. 710 § 35-30.4, 1996; 1991 code § 35-30.4) [Source: 18.100.030.C]
Item 10.1
City Council Meeting Agenda - Page 1427 of 2120 - Monday, April 21, 2025 Chapter 18.155 Variance
66 Chapter 18.155
Variance
Item 10.1
City Council Meeting Agenda - Page 1428 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – March 2025
67 Chapter 18.155 Variance
Sections

18.155.010 Purpose and Applicability

18.155.020 Review Authority

18.155.030 Filing, Processing, and Review

18.155.040 Findings

18.155.050 Conditions of Approval

18.155.060 Lape of Approval – Changes to Plans

18.155.070 Resubmittal of Application

18.155.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to allow variances from the zoning requirements established in this Title in compliance with California Government Code Sections 65900 through 65909. Variances may be approved when special circumstances are applicable to the property (e.g., location, shape, size, surroundings, topography) and/or the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zones. [Source: NEW] B. Applicability.

1. Variance. A Vvariance is required when a property owner seeks relief from zoning requirements because of special physical conditions applicable to the property. [Source: 18.110.010]

2. Minor Variance. A Minor Variance is a variance in connection with property in a singlefamily zoning district. [Source: 18.110.010]

3. A Vvariance may not be granted regarding use classifications or density. [Source:

18.110.010]

4. A request for a Rreasonable Aaccommodation in the application of zoning regulations for a disabled person is not considered a Va variance or Minor Variance., See Chapter

18.125 (Reasonable Accommodation) but is covered under PHMC Chapter 18.112for permitting requirements for Reasonable Accommodation requests. (Ord. 838 § 3, 2009; Ord. 710 § 35-31.1, 1996; 1991 code § 35-31.1) [Source: 18.110.010]

18.155.020 Review Authority
A. Variance. The Pplanning Ccommission has the authority to approve, conditionally approve, or deny Vvariances,.

B. Minor Variance. except that the The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny a Mminor Vvariance. A minor variance means a variance in Item 10.1
City Council Meeting Agenda - Page 1429 of 2120 - Monday, April 21, 2025 Chapter 18.155 Variance
68 connection with property in a single-family zoning district. The Zzoning Aadministrator may, in his or her their discretion, refer a Mminor Vvariance application directly to the Pplanning Ccommission for review. (Ord. 710 § 35-31.2, 1996; 1991 code § 35-31.2) [Source: 18.110.020]

18.155.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for a Variance or Minor Variance a request for a variance to to the Zzoning Aadministrator in the format approved by the Planning Division, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. [Source: 18.110.030.A] B. Notice and Ppublic Hhearing.

1. Variance. The Pplanning Ccommission , or the zoning administrator in the case of a minor variance, shall hold a public hearing on an application for a Vvariance and shall hear testimony for and against the application. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple Ddevelopment Pplans, Uuse Ppermits or Vvariances on a single lot are filed at the same time, the Zzoning Aadministrator shall schedule a combined public hearing. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). [Source: 18.110.030.B]

2. Minor Variance. The Zoning Administrator shall hold a public hearing on an application for a Minor Variance. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.195 (Notice Requirements). [Source: NEW]

1. The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator shall schedule a combined public hearing. [Source: 18.110.030.B]

3. Notice of thepublic hearings shall be given in complianceaccordance with Chapter

18.195 (Notice Requirements)PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice. [Source:

18.110.030.B]

4. Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW] C. Decision.

2.1. Variance. Within 20 working days following the public hearing, The the hearing body Planning Commission shall approve, conditionally approve, or deny an application a Item 10.1
City Council Meeting Agenda - Page 1430 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – March 2025
69 Variance applicationwithin 20 working days after the close of the public hearing. [Source: 18.110.030.C]

3.2. Minor Variance. Within 20 working days following the public hearing, The the Zoning Administrator shall approve, conditionally approve, or deny an a Minor Variance application for a Minor Variance within 20 working days after the close of the public hearing. [Source: NEW]
B.3. The Zzoning Aadministrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of an appeal to the Pplanning Ccommission, or Ccity Ccouncil on appeal, the date of the decision is the date the Planning Ccommission or City Ccouncil adopts the resolution. [Source: 18.110.030.C]
C.D. Effective Ddate. A decision under this section Chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, . the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.110.030.D] D.E. Appeal. A decision of the Zzoning Aadministrator may be appealed to the Pplanning Ccommission, and a decision of the Pplanning Ccommission may be appealed to the Ccity Ccouncil, all in complianceaccordance with Chapter 18.165 (Appeals and Call for Review)the appeal procedures of PHMC Chapter 18.130. (Ord. 710 § 35-31.4, 1996; 1991 code § 35-31.4) [Source: 18.110.030.E,]

18.155.040 Findings
In compliance with California Government Code 65900 through 65909, tThe review authority planning commission, or the zoning administrator in the case of a minor variance, may approve an application for a Vvariance or Minor Variance if it finds all of the following to be true, based on the application, plans, materials and testimony submitted at the public hearing: [Source: 18.110.040] A. The requested Vvariance or Minor Variance is based on the existence of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning regulations of this Title deprives the property of privileges enjoyed by other properties in the vicinity under the identical same zoning classificationzoning district; [Source: 18.110.040.A]
B. The requested Vvariance or Minor Variance does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and [Source: 18.110.040.B]
C. The Vvariance substantially meets the intent and purpose of the zoning district in which the property is located. (Ord. 710 § 35-31.6, 1996; 1991 code § 35-31.6) [Source: 18.110.040.C]

18.155.050 Conditions of Approval
In approving a Vvariance or Minor Variance, the planning commission or zoning administrator review authority may impose reasonable conditions necessary to: [Source: 18.110.050] Item 10.1
City Council Meeting Agenda - Page 1431 of 2120 - Monday, April 21, 2025 Chapter 18.155 Variance
70 A. Achieve the general purposes of this Cchapter or the specific purposes of the zoning districtzoning district in which the site is located, or to make it consistent with the Ggeneral Pplan; [Source: 18.110.050.A]
B. Protect the public health, safety, and general welfare; or [Source: 18.110.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-31.8, 1996; 1991 code § 35-31.8) [Source: 18.110.050.C]

18.155.060 Lape of Approval – Changes to Plans
A. Lapse of Aapproval. A Vvariance or Minor Variance lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.110.060.A]

2. A certificate of occupancy has been issued; or [Source: 18.110.060.A.2]

3. The Vvariance or Minor Variance is renewed by the hearing body review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.110.060.A.3] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Variance or Minor Variance which affects a condition of approval, requires a new application for modification of the condition.

2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Variance or Minor Variance. [Source: 18.90.060.B] B. Changes to plans. A request for a change in the variance or a condition of approval requires a new application, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original variance. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-31.10, 1996; 1991 code § 35-31.10) [Source:

18.110.060.B]

18.155.070 Resubmittal of Application
Following denial of a Vvariance or Minor Variance, no new application for the same, or substantially the same, Vvariance or Minor Variance shall be accepted within one year 12 months of the date of denial, Item 10.1
City Council Meeting Agenda - Page 1432 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.155 Revised Preliminary Draft – March 2025
71 unless the denial was made without prejudice. (Ord. 710 § 35-31.12, 1996; 1991 code § 35-31.12) [Source: 18.110.070]
Item 10.1
City Council Meeting Agenda - Page 1433 of 2120 - Monday, April 21, 2025 Chapter 18.160 Zoning Permit
72 Chapter 18.160
Zoning Permit
Item 10.1
City Council Meeting Agenda - Page 1434 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.160 Revised Preliminary Draft – March 2025
73 Chapter 18.160 Zoning Permit
Sections

18.160.010 Purpose and Applicability

18.160.020 Review Authority

18.160.030 Filing, Processing, and Review

18.160.040 Findings

18.160.050 Lapse of Approval – Changes to Plans

18.160.060 Revocation

18.160.070 Resubmittal of Application

18.160.010 Purpose and Applicability
A. Purpose. To ensure that each new, changed, or expanded use of a lotstructure complies with this Chapter. [Source: 18.85.010]
B. Applicability. A Zzoning Ppermit is required before any of the following can occur:

1. The issuance of a Bbuilding Permit or Ggrading Ppermit;, before

2. Aa new or change in use of a property, including the establishment of a new business;,

3. before Mmodifying, replacing, or constructing an accessory structure;,

4. Rreplacing or constructing a fence or wall within a residential front or street side yardsetback;, or;

5. for aA Section 6409(a) modification as specified by PHMC Chapter 18.67Chapter

18.100 (Wireless Communications).

The purpose is to ensure that each new or expanded use of a site and each new or expanded structure complies with this chapter. (Ord. 966 § 4, 2023; Ord. 964 § 21, 2023; Ord. 949 § 23, 2021; Ord. 910 § 8, 2017; Ord. 903 § 4, 2016; Ord. 745 § 6, 2000; Ord. 710 § 35-27.1, 1996; 1991 code § 35-27.1) [Source: 18.85.010]

18.160.020 Review Authority
The Zzoning Aadministrator has the authority to approve, conditionally approve, or deny an application for a Zoning Permit. [Source: NEW] shall issue a zoning permit if: (A) the proposed structure, use or fence complies with this chapter; and (B) no further environmental review is required under the California Environmental Quality Act (CEQA). (Ord. 745 § 7, 2000; Ord. 710 § 35-27.2, 1996; 1991 code § 35-27.2) [Source: 18.85.020]
Item 10.1
City Council Meeting Agenda - Page 1435 of 2120 - Monday, April 21, 2025 Chapter 18.160 Zoning Permit
74 18.160.030 Filing, Processing, and Review
A. Application. The applicant shall file a submit a completed complete application for a Zzoning Ppermit application with to the Zzoning Aadministrator. The application shall include the signature of the property owner in the form approved by the Planning Division. [Source:

18.85.030.A]
B. Notice and Public Hearing.

1. No notice or public hearing is required for a Zoning Permit, unless appealed to the Planning Commission in compliance with Subsection E. [Source: NEW]

2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.XX.XXX (Multiple Discretionary Permits). [Source: NEW]
A.C. Decision. Within five working days following the submittal of a complete application, The the Zzoning Aadministrator shall grant approve or deny the Zoning Permit application within five working days. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. If an application for a zoning permit is denied, no new application for the same, or substantially the same, zoning permit shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice. [Source: 18.85.030.B] B.D. Effective Ddate. A Zzoning Ppermit is effective upon issuance. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.175 (Appeals and Calls for Review) is exhausted. [Source: 18.85.030.C, modified]
C.E. Appeal. Any interested person may appeal the Zzoning Aadministrator’s decision in complianceaccordance with PHMC Chapter 18.130Chapter 18.175 (Appeals and Calls for Review). [Source: 18.85.030.D]

18.160.040 Findings
The Zzoning Aadministrator shall issue a Zzoning Ppermit if they find the following to be true: [Source:

18.85.020]
A. tThe proposed structure, use, or fence complies with this Cchapter; and B. nNo further environmental review is required under the California Environmental Quality Act (CEQA). (Ord. 745 § 7, 2000; Ord. 710 § 35-27.2, 1996; 1991 code § 35-27.2) [Source:

18.85.020]

18.160.04018.160.050 Lapse of Approval – Changes to Plans A. Lapse of Aapproval. A Zzoning Ppermit lapses one year 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.85.040.A]

1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have startedA Bbuilding Ppermit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.85.040.A.1] Item 10.1
City Council Meeting Agenda - Page 1436 of 2120 - Monday, April 21, 2025 Part 4 – Permit and Entitlement Processing Procedures Chapter 18.160 Revised Preliminary Draft – March 2025
75 2. A Ccertificate of Ooccupancy has been issued; or [Source: 18.85.040.A.2]

3. The use is established; or [Source: 18.85.040.A.3]

4. The Zzoning Ppermit is renewed by the hearing body review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.85.040.A.4]

5. A Zzoning Ppermit automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source:

18.85.040.A]
B. Changes to Pplans, Use or Condition of Approval. If the site plans, project description or condition of approval are changed in a manner that affects compliance with this Chapter or there is a A request for a change in the Zzoning Ppermit or a condition of approval, a new requires a new application for modification of the condition is required. [Source: 18.85.040.B]

18.160.05018.160.060 Revocation
Revocation. A Zzoning Ppermit exercised in violation of this Cchapter or a condition of approval may be revoked, as provided in PHMC § 18.135.040Section 18.185.040 (Revocation or Modification of Discretionary Permits). (Ord. 910 § 9, 2017) [Source: 18.85.040.C]

18.160.06018.160.070 Resubmittal of Application
If an application for a Zzoning Ppermit is denied, no new application for the same, or substantially the same, Zzoning Ppermit shall be filed within one year 12 months of the date of denial of the initial application, unless the denial is made without prejudice. [Source: 18.85.030.B] Item 10.1
City Council Meeting Agenda - Page 1437 of 2120 - Monday, April 21, 2025 1 18 – Zoning Code
Part 4 – Permit and Entitlement
Processing Procedures