18.65.020.B]
1. There may be no increase or enlargement of the area, space, or volume occupied and used. [Source: 18.65.020.B.1]
2. There may be no change in the nature or character of the nonconforming use. [Source:
18.65.020.B.2]
3. If the nonconforming use is replaced by a conforming use, the nonconforming use is automatically terminated. [Source: 18.65.020.B.3]
4. If the nonconforming use discontinues active operation for a continuous period of 180 calendar days, the nonconforming use terminates and the facilities accommodating or serving such activity shall thereafter be utilized used only for uses permitted or conditionally permitted by the base zoning district. This provision does not apply to a nonconforming dwelling unit. [Source: 18.65.020.B.4] D.C. Modification of Ggeneral Rregulations. The regulations in Subsection B of this Section may be modified upon the issuance of a Use Permit in compliance with Chapter 18.XXX (Use Permits and Minor Use Permits), if the modification will result in the elimination or substantial reduction of the nonconformity. [Source: 18.65.020.C]
E.D. Restoration. A nonconforming use located in a nonconforming building may be resumed after the destruction of the nonconforming building if the nonconforming building is restored in compliance with Subsection 18.190.040.C (Restoration). [Source: 18.65.020.D] F.E. Revocation of Nonconforming Use. The Planning Commission may revoke the nonconforming use granted by Subsection A of this Section if it makes any of the following findings: [Source:
18.65.020.E]
1. The use is exercised so as to be detrimental to the public health or safety, or so as to be a public nuisance. [Source: 18.65.020.E.1]
2. The nature of the improvements are such that they can be altered so as to permit the use of the property in conformity with the uses permitted in the land use district in which the property is located without impairing the constitutional rights of the owner or occupant. [Source: 18.65.020.E.2]
3. The improvement which exists on the property is such that to require the property to be used only for uses permitted in the applicable land use district would not impair the constitutional rights of the owner or occupant. [Source: 18.65.020.E.3]
18.190.05018.190.060 Nonconforming Signs
A. Continuation. A nonconforming sign or sign structure that was lawfully erected or displayed but that does not conform with currently applicable requirements is a nonconforming sign and may be displayed, except as otherwise provided in this Cchapter. [Source: 18.65.040.A] Item 10.1
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40 B. General Rregulations. The following regulations apply to each nonconforming sign: [Source:
18.65.040.B]
1. No nonconforming sign shall be moved or enlarged unless the new location or enlargement conforms to the regulations for the zoning district in which the sign is located. [Source: 18.65.040.B.1]
2. A nonconforming sign that has been more than 50 percent% destroyed shall be removed. A nonconforming sign that has been less than 50 percent% destroyed, as determined by the Bchief building Oofficial (and the destruction is other than facial copy replacement), may be restored if construction begins within 90 calendar days of destruction. If construction does not begin within 90 calendar days, the owner shall remove the sign. [Source: 18.65.040.B.2]
3. An owner of a nonconforming sign is required to make the sign conform to the requirements of this chapter if the owner proposes: [Source: 18.65.040.B.3] a. To alter the sign, other than a change in sign copy; or [Source:
18.65.040.B.3.a]
b. To expand or enlarge the building or land use where the sign is located, and the sign is affected by the construction, alteration or enlargement, and the cost of alterations to the sign exceeds 50 percent% of the replacement cost of the sign, as determined by the Bchief building Oofficial. [Source: 18.65.040.B.3.b] Item 10.1
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41 Chapter 18.195
Noticing Requirements
Item 10.1
City Council Meeting Agenda - Page 1736 of 2120 - Monday, April 21, 2025 Chapter 18.195 Noticing Requirements
42 Chapter 18.195 Noticing Requirements
Sections
18.195.010 General Notice Requirements
18.195.020 Contents of Notice
18.195.030 Summary of Notice Requirements
18.195.010 General Notice Requirements
A. A. General. Whenever a public hearing is required to be held, notice of the public hearing shall be given in accordance compliance with this Cchapter. These requirements are based on the statutory requirements found atestablished in Government Code Ssections 65090 and, 65091, and 65854. Unless stated otherwise, notice must be given at least 10 calendar days before the public hearing, or at least 20 calendar days if for a proposed Zoning Ordinance Amendment that affects the permitted uses of real property. [Source: 18.80.010] B. In addition to the notices sent to the applicant and other property owners under PHMC §
18.80.030, required by this Chapter and State law, notice shall also be mailed or delivered to any person who has filed a written request for notice with the Ccity Cclerk. The Ccity may charge a fee which is reasonably related to the cost of providing this service. Requests for notice must be renewed annually. [Source: 18.80.010]
C. Notice shall also be sent to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. [Source: 18.80.010] D. The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the Ccity for which the notice was given. [Source: 18.80.010] E. A public hearing conducted under this part in compliance with this Chapter and State law may be continued from time to time to a specific date and time, without additional notice. [Source:
18.80.010]
F. In addition to the notice requirements set forth here, the The Zzoning Aadministrator may give notice of a public hearing in any other manner theyhe or she deems necessary or desirable, or when the decision will constitute a substantial and significant deprivation of the property rights of other landowners. [Source: 18.80.010]
18.195.020 Contents of Notice
When a notice of a public hearing is required, the notice shall include the following information: [Source:
18.80.020]
A. A general description (in text or by diagram) of the location of the property that is the subject of the hearing; [Source: 18.80.020.A]
B. A general explanation of the matter to be considered; [Source: 18.80.020.B] Item 10.1
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43 C. The date, time, and place of the public hearing; [Source: 18.80.020.C] D. The identity of the hearing officer or body; [Source: 18.80.020.D] E. A reference to application materials on file for detailed information; [Source: 18.80.020.E] F. A statement that any interested person may appear and be heard; and [Source: 18.80.020.F] G. Other information which is required by statute or specific provisions of this chapter or which the zoning administrator deems necessary or desirable. [Source: 18.80.020.G]
18.195.030 Summary of Notice Requirements
A. Notice of a public hearing shall be given for a particular matter in compliance with Table 18.195- x (Summary of Notice Requirements). [Source: 18.80.030] B. All notices shall be published at least once in a newspaper of general circulation, at least 10 calendar days before the public hearing, or at least 20 calendar days if for a proposed Zoning Ordinance Amendment that affects the permitted uses of real property. [Source:
18.80.030]
B.C. Alternative Noticing. In compliance with Government Code Section 65091, if the number of property owners to whom notice would be mailed is greater than 1,000, the City may instead provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City. The newspaper advertisement shall be in circulation, at least 10 calendar days before the hearing, or at least 20 calendar days if for a proposed Zoning Ordinance Amendment that affects the permitted uses of real property.
Item 10.1
City Council Meeting Agenda - Page 1738 of 2120 - Monday, April 21, 2025 Chapter 18.195 Noticing Requirements
44 Table 18.195-__
Summary of Notice Requirements
Action Published
Notice
Notice Mailed to
Applicant
Notice Mailed to
Owners Within
300 Feet
Notice Mailed to
Residents
Within 300
Feet(1)
Adult Use
Development
PermitZoning
Permit
X– X– X– X–
Amendment,
Zoning Ordinance
X X X X
Amendment,
Zoning Map
X X X X
Architectural
Review Permit
– X – –
Creek Setback
Exception
– X X X
Development
Agreement
X X X –
Development Plan O X X X
Exception, Minor – X(34) X(34) X(34)
Home Occupation
Permit
O X X X
Master Sign
Program
– X – –
Sign Permit – X – –
Sign Permit,
Temporary
– – – –
Subdivision, Major O X X X
Subdivision, Minor O X X X
Use Permit O X X X
Use Permit, Minor – X X –
Use Permit,
Temporary
– O O –
Variance X X X X
Variance, Minor – X X –
Wireless
Communication
Facility “Section
6409(a)” Permit
– X X –
Zoning Permit – – – –
(-) Not Required
(X) Required
(O) Optional; if deemed significant by Zoning Administrator (1) Pursuant to Government Code section 65091, if the number of owners to whom notice would be mailed is greater than 1,000, the city may instead provide notice by placing a display advertisement of at least oneeighth page in a newspaper of general circulation in the city, at least 10 days before the hearing. (2) Notice shall be given to each resident within 300 feet of the applicant’s property, and to the applicant’s homeowner’s association, if there is one. However, if an apartment, condominium, or other multiple-family housing complex exists within the 300-foot radius, notice may be given only to the resident manager, management firm, or owner, in lieu of sending notice to each resident of the complex. (3) Pursuant to Health and Safety Codeection 1597.46(a)(3), the notice shall be sent only to owners within 100 feet of the exterior boundaries of the proposed use. (34) The 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 the Pplanning Ccommission and Ccity Ccouncil, that a decision will be made by the Zzoning Aadministrator to approve or denydisapprove the Mminor Eexception application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in complianceaccordance with this Cchapter. When multiple applications are submitted for a single site 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.
Item 10.1
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45 Item 10.1
City Council Meeting Agenda - Page 1740 of 2120 - Monday, April 21, 2025 1 18 – Zoning Code
Part 5 – Zoning Ordinance
Administration
REVISED PRELIMINARY DRAFT
MARCH 2025
Table of Contents
CHAPTER 18.165 GENERAL PROVISIONS ................................................................................. 54
18.165.010 General......................................................................................................................... 54
18.165.020 Review and Approval Authority .................................................................................... 54
18.165.030 Projects with Multiple Discretionary Permit Applications ............................................. 65
18.165.040 Completeness of Application........................................................................................ 65
18.165.050 Environmental Review ................................................................................................. 76
18.165.060 Fees and Deposits ..................................................................................................... 109
18.165.070 City Indemnification.................................................................................................... 109 CHAPTER 18.170 AMENDMENTS – GENERAL PLAN, ZONING ORDINANCE, AND ZONING MAP 1211
18.170.010 Purpose and Applicability......................................................................................... 1211
18.170.020 Application and Initiation of Amendments ................................................................ 1211
18.170.030 Report – Notice and Public Hearing......................................................................... 1312
18.170.040 Action ....................................................................................................................... 1312
18.170.050 Findings.................................................................................................................... 1615
18.170.060 Resubmittal of Application........................................................................................ 1615 CHAPTER 18.175 APPEALS AND CALLS FOR REVIEW........................................................ 1918
18.175.010 Purpose .................................................................................................................... 1918
18.175.020 Right to Appeal, Call for Review, Time Limits.......................................................... 1918 Highlight Key
YELLOW = Suggested changes per best practices
Item 10.1
City Council Meeting Agenda - Page 1741 of 2120 - Monday, April 21, 2025 Chapter 18.165 General Provisions
2 18.175.030 Initiation .................................................................................................................... 1918
18.175.040 Procedures ............................................................................................................... 2019
18.175.050 Effective Date........................................................................................................... 2019 CHAPTER 18.180 DEVELOPMENT AGREEMENT................................................................... 2221
18.180.010 Purpose .................................................................................................................... 2221
18.180.020 Interpretation of Development Agreement Provisions ............................................. 2221
18.180.030 Eligibility Requirements............................................................................................ 2322
18.180.040 Agreement Contents ................................................................................................ 2322
18.180.050 Filing, Processing, and Review ................................................................................ 2423
18.180.060 Action ....................................................................................................................... 2625
18.180.070 Findings.................................................................................................................... 2726
18.180.080 Annual Review ......................................................................................................... 2827
18.180.090 Amendment or Cancellation..................................................................................... 2928
18.180.100 Administration........................................................................................................... 2928 CHAPTER 18.185 ENFORCEMENT........................................................................................... 3130
18.185.010 Purpose and Intent................................................................................................... 3130
18.185.020 Public Nuisance........................................................................................................ 3130
18.185.030 Permits, Licenses, Certificates, and Approvals........................................................ 3130
18.185.040 Enforcement Responsibilities................................................................................... 3130
18.185.050 Revocation or Modification of Discretionary Permits ............................................... 3130
18.185.060 Public Hearing and Other Violations ........................................................................ 3231
18.185.070 Penalties................................................................................................................... 3332
18.185.080 Notice of Violation .................................................................................................... 3332 CHAPTER 18.190 NONCONFORMING PROVISIONS.............................................................. 3635
18.190.010 Purpose and Applicability......................................................................................... 3635
18.190.020 Determination and Proof of Nonconforming Status ................................................. 3635
18.190.030 Nonconforming Lots ................................................................................................. 3635
18.190.040 Nonconforming Structures ....................................................................................... 3736
18.190.050 Nonconforming Uses................................................................................................ 3837
18.190.060 Nonconforming Signs............................................................................................... 3938 CHAPTER 18.195 NOTICING REQUIREMENTS....................................................................... 4241
18.195.010 General Notice Requirements.................................................................................. 4241
18.195.020 Contents of Notice.................................................................................................... 4241
18.195.030 Summary of Notice Requirements ........................................................................... 4342 Item 10.1
City Council Meeting Agenda - Page 1742 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – March 2025
3 Item 10.1
City Council Meeting Agenda - Page 1743 of 2120 - Monday, April 21, 2025 Chapter 18.165 General Provisions
4 Chapter 18.165
General Provisions
Item 10.1
City Council Meeting Agenda - Page 1744 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – March 2025
5 Chapter 18.165 General Provisions
Sections
18.165.010 General
18.165.020 Review and Approval Authority
18.165.030 Projects with Multiple Discretionary Permit Applications
18.165.040 Completeness of Application
18.165.050 Environmental Review
18.165.060 Fees and Deposits
18.165.070 City Indemnification
18.165.010 General
This Part 5, (Zoning Ordinance Administration), sets forthestablishes the general administrative authority and procedures for decision making of this Zzoning Oordinance. It includes general administrative provisions and notice and hearing requirements; procedures for obtaining a Zzoning Ppermit; requirements for various discretionary approvals: Ddevelopment Pplans, Uuse Ppermits, Ttemporary Uuse Ppermits, Vvariances, Development Aagreements and Zzoning Oordinance Aamendments; and provisions for appeals and enforcement. [Source: 18.75.010]
18.165.020 Review and Approval Authority
A. Zoning Aadministrator. The Zzoning Aadministrator has the authority to approve: Zzoning Ppermits; Mminor Uuse Ppermits; Mminor Vvariances; Mminor Ssubdivisions (under the Ssubdivision Oordinance – Title 17); Ttemporary Uuse Ppermits, Section 6409(a) permits, and Ssign Ppermits; Hhome Ooccupation Ppermits; and certain Aarchitectural Rreview Ppermits.
With the exception of Section 6409(a) permits, the Zzoning Aadministrator may, in his or her discretion, refer any of these applications directly to the Pplanning Ccommission. The Zzoning Aadministrator makes recommendations regarding Zzoning Oordinance amendments, development agreements, and any other discretionary approval to be considered by another approval body. [Source: 18.75.020.A]
B. Architectural Rreview Ccommission. The Aarchitectural Rreview Ccommission has the authority to approve Aarchitectural Rreview Ppermits, except for certain limited permits which may be approved by the Zzoning Aadministrator. [Source: 18.75.020.B] C. Planning Ccommission. The Pplanning Ccommission has the authority to approve applications for Ddevelopment Pplans, Uuse Ppermits, Major Subdivisions, and Vvariances (except for Mminor Uuse Ppermits and Mminor Vvariances which are considered by the Zzoning Aadministrator) and to make recommendations to the Ccity Ccouncil regarding Zzoning ordinanceOrdinance Aamendments, Zoning Map Amendments, and Development Agreements. The Pplanning Ccommission also hears appeals from decisions of the Zzoning Item 10.1
City Council Meeting Agenda - Page 1745 of 2120 - Monday, April 21, 2025 Chapter 18.165 General Provisions
6 Aadministrator. The Pplanning Ccommission has the authority to approve Mmajor Ssubdivisions (under the Ssubdivision Oordinance – Title 17). [Source: 18.75.020.C] C. City Ccouncil. The Ccity Ccouncil has the authority to approve Ddevelopment Aagreements and Zzoning Oordinance Aamendments. The Ccity Ccouncil hears appeals from the Pplanning Ccommission and the Aarchitectural Rreview Ccommission. [Source: 18.75.020.D] D. Additional Permits May Be Required. A land use or development project must comply with all applicable permit requirements or exemptions under this Zoning Ordinance, the Municipal Code, and any relevant permits from other agencies. All necessary permits shall be secured before initiating any work, establishing a new use, or as otherwise specified by law. [Source:
NEW]
E. Appeals. All actions taken in this Ssection, except for those actions taken by City Councilsubsection D, are subject to PHMC Chapter 18.17530, (Appeals and Calls for Review). [Source: 18.75.020]
18.165.030 Projects with Multiple Discretionary Permit Applications A. Actions Subject to Zoning Administrator and/or Architectural Review Commission Review. For projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of an entitlement from the Zoning Administrator and/or Architectural Review Commission, the Planning Commission and/or City Council shall be the final decision-maker and any action of the Zoning Administrator and/or Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.105.030.D, 18.115.030.F]
D.B. Multiple Entitlement Applications. When multiple entitlement applications requiring consideration from the same authority are filed simultaneously, a combined public hearing to review them together may be scheduled. [Source: 18.95.020, 18.90.030.B]
18.165.03018.165.040 Completeness of Application
A. Initial Aapplication. Within 30 calendar days after the Ccity has received an application for a development project, the Ccity shall determine in writing whether the application is complete, and shall immediately transmit the determination to the applicant. If the application is determined not to be complete, the Ccity’s determination shall specify those parts of the application which are incomplete, and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed. [Source:
18.75.030.A]
If the determination is not made within 30 calendar days, and the application includes a statement that it is an application for a development permit (seeas that term is used in Government Code Ssections 65927 and 65943), the application shall be deemed complete. [Source: 18.75.030.A]
B. Resubmittal. Except as may otherwise be required by law, upon any resubmittal of an application determined not to be complete, a new 30 calendar -day period shall begin for determining whether the application is complete. The Ccity shall determine in writing whether the resubmitted materials are complete and shall notify the applicant. If the written determination is not made within that 30 calendar -day period, the application together with the Item 10.1
City Council Meeting Agenda - Page 1746 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – March 2025
7 submitted materials shall be deemed complete. Applications for wireless telecommunications facilities shall be subject to the resubmittal requirements set forthestablished in applicable Ffederal and Sstate law. [Source: 18.75.030.B]
C. Time Pperiod Eextensions. Nothing in this Ssection precludes an applicant and the Ccity from mutually agreeing to extend any time period provided by this Cchapter. [Source: 18.75.030.C]
18.165.04018.165.050 Environmental Review
A. Purpose. The purpose of this Section is to comply with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the Permit Streamlining Act (Government Code Section 65920 et seq.) which mandates local agencies to establish criteria and procedures for the evaluation of projects and the preparation of environmental impact reports, and negative declarations, and the review timeframes thereof. The purpose of this review is to help the City decide if the proposed project is subject to environmental review and, if so, which issues may require analysis. [Source: NEW] B. Applicability. Each application for a discretionary entitlement by the Ccity is subject to the requirements of (CEQA), the State CEQA Guidelines, the City’s CEQA Guidelines, and the provisions of this Section. [Source: 18.75.040, modified] C. Review Authority. The highest decision-making review authority for the entitlement shall also have the authority to review and make the related CEQA finding. [Source: NEW] D. Review Procedures. Procedures for environmental review associated with a proposed project or application shall comply with the following:
1. Initial Review.
a. Within 30 calendar days of the submittal of a discretionary permit application, the Zoning Administrator shall determine if the application is complete in compliance with Section 18.165.xxx (Completeness of Application). [Source:
NEW]
b. An application subject to environmental review shall not be considered complete until the applicant has submitted all studies and other documentation the Zoning Administrator has deemed necessary to make an environmental determination. [Source: NEW]
2. Exempt Projects.
a. If the responsible review authority has determined that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt. [Source: NEW]
b. Within 60 calendar days after adoption of the project is determined exempt from CEQA, the applicable review authority shall approve, approve with modifications, or deny the project. This period may be extended for up to 90 Item 10.1
City Council Meeting Agenda - Page 1747 of 2120 - Monday, April 21, 2025 Chapter 18.165 General Provisions
8 calendar days with a written agreement between the City and applicant. The CEQA determination and the review authority’s formal action on the land use or entitlement may be heard at the same public hearing. See Government Code Section 65950(a)(5). [Source: NEW]
c. Following approval of a project that is exempt from CEQA review, the Zoning Administrator or the applicant may file a Notice of Exemption with the County Clerk’s Office. The applicant for a project shall be responsible for any fees required to file such notice. [Source: NEW]
3. Non-Exempt Projects. If the proposed project is not exempt from environmental review, the applicant shall submit necessary information as determined by the Zoning Administrator. Upon submittal, the Zoning Administrator shall prepare or cause the preparation of an Initial Study at the applicant's expense in compliance with Sectioin
18.165.050.E. (Preparation of an Initial Study). [Source: NEW] E. Preparation of an Initial Study. An Initial Study required by this Section shall comply with the following:
1. Within 30 calendar days after an application is deemed complete, the Zoning Administrator shall determine whether to require preparation of an Environmental Impact Report (EIR), Negative Declaration, or Mitigated Negative Declaration or whether the project is within the scope of a Master EIR, or other appropriate document authorized by CEQA. The 30-calendar day time limit for completing the environmental study determination may be extended by 15 calendar days with a written agreement between the City and applicant. [Source: NEW]
2. Following completion of the Initial Study, the Zoning Administrator shall notify the applicant in writing of changes to the project deemed necessary to reduce or avoid any significant effects or revise the project to reduce its impacts to less than significant identified in the Initial Study. [Source: NEW]
3. Within 30 calendar days following the date of the notification described above, the applicant shall provide written notification to the Zoning Administrator indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project, an EIR shall be prepared. Alternatively, if the applicant does not respond to letter, the application shall be terminated by the City. [Source: NEW]
2.4. Based on the Initial Study, the Zoning Administrator shall make one of the following findings and prepare the appropriate environmental documentation as established:
a. The project will have "no significant impacts" on the environment, and a Negative Declaration will be prepared in compliance with CEQA and Subsection 18.165.050.F (Preparation of Negative Declarations); b. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared in compliance with CEQA and Subsection 18.165.050.F (Preparation of Negative Declarations);
Item 10.1
City Council Meeting Agenda - Page 1748 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – March 2025
9 c. The project is within the scope of a Master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or d. The proposed project will have, or may have, significant impact(s) and an EIR will be prepared in compliance with CEQA and Subsection 18.165.050.G (Preparation of EIRs).
F. Preparation of Negative Declarations. A Negative Declaration or Mitigated Negative Declaration required by this Section shall comply with the following:
1. Negative Declarations and Mitigated Negative Declarations shall be adopted 180 calendar days after the Zoning Administrator deems the application complete.
Additional time to complete the Negative Declaration or Mitigated Negative Declaration may be allowed by ordinance or resolution if justified by compelling circumstances and the applicant consents thereto. The Negative Declaration or Mitigated Negative Declaration shall be adopted, modified, or not adopted before formal action is taken on the proposed land use or development project. [Source: NEW]
2. Within 60 calendar days after adoption of the Negative Declaration or Mitigated Negative Declaration (or a determination that the project is exempt from CEQA), the applicable review authority shall approve, conditionally approve, or deny the project.
This period may be extended for up to 90 calendar days with a written agreement between the City and applicant. [Source: NEW]
3. In compliance with CEQA Guidelines Section 15109, any unreasonable delay by the applicant in meeting requests necessary for the preparation of the Negative Declaration or Mitigated Negative Declaration may serve to delay the approval period, or even result in project disapproval. [Source: NEW]
G. Preparation of EIRs. An EIR required by this Section shall comply with the following:
1. An EIR for a private (i.e., non-government) project shall be certified within 12 months from the date the application is deemed complete. An additional 90 calendar days to certify the EIR may be allowed by ordinance or resolution if justified by compelling circumstances and the applicant consents. [Source: NEW]
2. Development projects must be approved, denied or conditionally approved within 180 calendar days from the date of EIR certification. This period may be extended once for up to 90 calendar days. [Source: NEW]
3. If, however, the decision to certify the EIR is not made within the 12 months after the application is deemed complete but is extended in compliance with Public Resources Code Section 21151.5, the applicable review authority shall decide whether to approve or deny the project within 90 calendar days after EIR certification. This period may be extended once for up to 90 calendar days. [Source: NEW] Item 10.1
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10 18.165.05018.165.060 Fees and Deposits
Each person submitting an applicationapplying for a permit, or filing an appeal, under this Cchapter shall pay the required fees and deposits as established by the Master Fee Schedulecity council resolution. [Source: 18.75.050]
18.165.06018.165.070 City Indemnification
Each applicant shall indemnify, hold harmless and pay for the defense of the City, (including its agents, officers and employees) as a result of any claim, action, or proceeding to challenge a decision of the Zoning Administrator, Architectural Review Commission, Planning Commission, City Council, or any officer, department, commission, or committee of the City, concerning an entitlement, permit or approval granted under this Title. Each applicant shall defend (with counsel acceptable to the city), indemnify and hold harmless the city (including its agents, officers, and employees) from any claim, action, or proceeding to challenge an approval of the, planning commission, city council, or any officer, department, commission, or committee of the city concerning a permit granted under this title. [Source:
18.75.060]
Item 10.1
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11 Chapter 18.170
Amendments – General Plan
Zoning Ordinance, and Zoning
Map
Item 10.1
City Council Meeting Agenda - Page 1751 of 2120 - Monday, April 21, 2025 Chapter 18.170 Amendments – General Plan
Zoning Ordinance, and Zoning Map
12 Chapter 18.170 Amendments -– General Plan, Zoning
Ordinance, and Zoning Map
Sections
18.170.010 Purpose and Applicability
18.170.020 Application and Initiation of Amendments
18.170.030 Report – Notice and Public Hearing
18.170.040 Action
18.170.050 Findings
18.170.060 Resubmittal of Application
18.170.010 Purpose and Applicability
This Chapter establishes the procedures for amending the General Plan in compliance with Government Code Section 65350 et seq., and Zoning Ordinance, including changes to zoning districts and the Zoning Map, in compliance with Government Code Section 65853 et seq. The purpose of these procedures is to ensure a structured and transparent approach to modifying the General Plan, zoning regulations, and zoning districts, aligning them with the City’s planning objectives, and community needs.The zoning designations may be changed by amending the zoning map, and the zoning regulations may be changed by amending this title. [Source: 18.125.010]
18.170.020 Application and Initiation of Amendments
A. General Plan. An amendment to the General Plan shall be applied for and initiated as follows:
1. Application and Initiation. An amendment to the Geneal Plan may be initiated by motion of the City Council or Planning Commission, action of the Zoning Administrator, or by request of any resident, property owner or business owner in the City. A General Plan amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division. [Source: NEW]
2. Maximum Number of General Plan Amendments. In compliance with Government Code Section 65358 et seq., no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year. Subject to that limitation, the General Plan amendment may be made at any time, as determined by the City. Each amendment may include more than one change to the General Plan. [Source: NEW]
A.B. Zoning Mmap. An amendment to the Zoning Map may be initiated by motion of the City Council or Planning Commission, action of the Zoning Administrator, or by request of all owners of the property for which the change is sought. A Zoning Map amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division.An amendment to the zoning map may be initiated by motion of the city Item 10.1
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13 council or planning commission, action of the zoning administrator, or by request of all owners of property for which the change is sought. [Source: 18.125.020.A] C. Zoning Ordinanceregulations. An amendment to the Zzoning Ordinanceregulations may be initiated by motion of the Ccity Ccouncil or the Pplanning Ccommission, action of the Zzoning Aadministrator, or by request of any resident, property owner or business owner in the Ccity.
A Zoning Ordinance amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division. [Source: 18.125.020.B] D. Modification of Application Requirements. The Zoning Administrator may add or waive the submission of application materials or information to determine compliance with the General Plan and Zoning Ordinance. [Source: NEW]
18.170.030 Application
A. Zoning map. A property owner may initiate a zoning map amendment by filing an application in the form approved by the zoning administrator. [Source: 18.125.030.A] Zoning regulation. A property owner, resident or business owner shall initiate an amendment to the zoning regulations by submitting an application in the form approved by the zoning administrator. [Source: 18.125.030.B]
18.170.04018.170.030 Report – Notice and Public Hearing A. Determination of Completeness. After a General Plan, Zoning Ordinance, or Zoning Map amendment application is submitted, the Zoning Administrator 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: NEW]
A.B. Report. A fter a submitted application is deemed complete; the Zoning Administrator shall prepare separate reports for the Planning Commission and City Council containing the Zoning Administrators analysis and recommendation. The zoning administrator shall set a date, time and place for a public hearing and prepare a report to the planning commission on the proposed zoning map or zoning regulation amendment. The report(s) shall describe the geographical area or applicable General Plan or Zoning Ordinance provision(s)subject to be considered for amendmentchange and, if warranted, propose alternative amendments. [Source:
18.125.040.A]
B.C. Notice and Ppublic Hhearing. The responsible review authority shall hold a public hearing on an application for General Plan, Zoning Ordinance, or Zoning Map amendment and shall nNotice such meeting in compliance with of the public hearing on the proposed amendment shall be given in accord with PHMC Chapter 18.19580 (Notice Requirements). In compliance with Section 18.XX.XXX (Projects with Multiple Discretionary Permit Applications), tThe Planning Commission may schedule a combined public hearing on multiple applications for Zoning Ordinance and Zzoning Mmap or text amendments. [Source: 18.125.040.B]
18.170.05018.170.040 Action
A. Planning Ccommission Recommendationaction. [Source: 18.125.050] Item 10.1
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Zoning Ordinance, and Zoning Map
14 1. Public Hhearing. In compliance with Government Code Sections 65353 et seq. and 65853, aAt the public hearing, the Pplanning Ccommission shall consider the report from the Zzoning Aadministrator, including the Zoning Administrator’s recommendation, and shall hear evidence for and against the proposed General Plan, Zoning Ordinance or Zoning Map amendment. The Pplanning Ccommission may continue the public hearing to a definite date and time without additional notice. [Source: 18.125.050.A]
2. Recommendation to Ccity Ccouncil. Following the public hearing, the Planning Ccommission shall forward a written recommendation, including findings, to the City Council whether to recommend approval, approval in modified form, or denial of the proposed amendment, based on the findings identified in Section 18.170.xxx (Findings and Decision) make specific findings as to whether the proposed zoning regulation or zoning map amendment is consistent with the policies of the general plan, the purposes of this title, and the limitations on residential rezoning prescribed in PHMC §
18.125.070, and shall recommend approval, conditional approval, or denial of the proposal as submitted or in modified form. [Source: 18.125.050.B]
3. Result of Pplanning Ccommission Ddenial. A Pplanning Ccommission recommendation of denial of an application for a Zzoning Ordinance or Zoning Mmap or zoning regulation amendment submitted by request terminates the proceedings, unless appealed in compliance with Chapter 18.xxx (Appeals and Calls for Review).
However, when an application is combined with a Ggeneral Pplan amendment, the Pplanning Ccommission recommendation of a denial shall be automatically referred to the Ccity Ccouncil for final action, and does not require an appeal. All other Pplanning Ccommission actions on proposed Zzoning Ordinance or Zoning Mmap or zoning regulationamendments are automatically referred to the Ccity Ccouncil. [Source:
18.125.050.C]
B. City Ccouncil Aaction.
1. Hearing Ddate and Nnotice. The Zzoning Aadministrator shall set a public hearing before the Ccity Ccouncil within 60 calendar days after the date of the Pplanning Ccommission recommendation. Notice of the public hearing shall be provided as set forth in PHMC Chapter 18.80comply with Chapter 18.xx (Notice Requirements). [Source: 18.125.060.A]
2. Public Hhearing. At the public hearing, the City Ccouncil shall consider the Planning Commission’s recommendation and hear evidence for and against the proposed General Plan, Zoning Ordinanc,e or Zoning Map amendment. shall hear evidence for and against the proposed amendment. The City Ccouncil may continue the public hearing to a definite date and time without additional notice. [Source: 18.125.060.B]
3. City Council Ddecision. After the public hearing, Tthe City Ccouncil shall approve, approve with modifications, or reject deny the proposed General Plan, Zoning Ordinance, or Zoning Map amendment based on the findings identified in Section
18.170.xxx (Findings and Decision). commission recommendation; provided, that a modification not previously considered by the commission shall be referred to the Item 10.1
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15 commission for a report before adoption of an ordinance amending the zoning regulations or map. [Source: 18.125.060.C]
4. Referral to Planning Commission.
a. City Council Referral for Further Study.
i. When City Council requests the Planning Commission to further study and report on a proposed amendment, the Planning Commission shall study and submit a report to City Council within 60 calendar days after the referral. The City Council may establish a longer reporting period at their discretion. [Source: 18.125.060.C, 18.125.080.A] ii. Upon receipt of the City Council referral, the Planning Commission shall conduct the required public hearing and notice the public hearing in compliance with Chapter 18.xxx (Noticing Requirements). iii. Failure of the Planning Commission to report back to the City Council within the specified time period shall be deemed that the Planning Commission’s recommendation is for approval of the amendment in compliance with Government Code Sections 65356 and 65853. commission recommendation; provided, that a modification not previously considered by the commission shall be referred to the commission for a report before adoption of an ordinance amending the zoning regulations or map. Failure of the planning commission to report within 40 calendar days after referral, or such longer period as may be designated by the council, shall be deemed approval of the proposed modification. Before adopting an ordinance, the council shall make findings that the proposed regulation or map amendment is consistent with the policies of the general plan. [Source:
18.125.060.C, 18.125.080.A]
b. City Council Referral for Information not Previously Considered. i. If the City Council proposes to adopt a substantial modification(s) to the proposed amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857. [Source:
18.125.060.C, 18.125.080.A]
ii. The Planning Commission shall not be required to hold a public hearing on the referral. [Source: 18.125.060.C, 18.125.080.A] i.iii. Failure of the Planning Commission to report back to the City Council within 45 calendar days after the City Council referral, or a longer period as may be designated by the City Council, shall be deemed that the Planning Commission’s recommendation is for approval of the Item 10.1
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Zoning Ordinance, and Zoning Map
16 proposed amendment in compliance with Government Code Sections 65356 and 65857. [Source: 18.125.060.C, 18.125.080.A]
18.170.050 Findings
An amendment to the General Plan, Zoning Ordinance, or Zoning Map may be approved only if all the following findings are made, as applicable to the type of amendment. [Source: NEW] A. General Findings. The following findings shall be made for all amendments:
1. The proposed amendment(s) complies with the provisions of the California Environmental Quality Act (CEQA). [Source: NEW]
2. The proposed amendment(s) complies with the limitations on residential rezoning established in Subsection 18.170.060.X (Limitation on Residential Rezoning). [Source:
18.125.060.C]
B. Additional Finding for General Plan Amendments. The proposed amendment(s) is internally consistent with all other provisions established by the General Plan; [Source: 18.125.060.C] C. Additional Finding for Zoning Ordinance Amendments. The proposed amendment(s) is internally consistent with all other applicable provisions of the Zoning Ordinance. [Source:
NEW]
D. Limitation on Residential Rezoning. The City shall not rezone any area or property zoned for residential use to increase density or change land use unless the following additional findings are made: [Source: 18.125.070]
3.1. Development of the area or property to be rezoned shall not have significant growthinducing impacts on existing residential neighborhoods; [Source: 18.125.070.A]
4.2. Development of the area or property to be rezoned shall not have a significant traffic impact on existing residential neighborhoods; and [Source: 18.125.070.B]
5.3. Development of the area or property to be rezoned shall not have a significant noise impact on existing residential neighborhoods. [Source: 18.125.070.C]
18.170.060 Revisions of Proposed Amendments
A. Revisions. Before approving an amendment, the commission or the council may consider revisions which were not in the original proposal, such as: (1) revising the boundaries of an area proposed for a zoning map amendment; (2) considering revised zoning map designations; or (3) considering revised zoning regulation amendments. [Source: 18.125.080.A] B. Supplemental notice. Notice shall be given before a hearing on a revised amendment, unless the commission or council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form. [Source: 18.125.080.B]
18.170.07018.170.060 Resubmittal of Application
Following the denial of an application or request for an amendment to the zoning regulations or the zoning map General Plan, Zoning Ordinance, or Zoning Map amendment application, no new application or request for the same, or substantially the same, proposed amendment shall be accepted Item 10.1
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17 within one year12-months of the date of denial, unless the denial was made without prejudice. [Source:
18.125.090]
Item 10.1
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18 Chapter 18.175
Appeals and Calls for Review
Item 10.1
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19 Chapter 18.175 Appeals and Calls for Review
Sections
18.175.010 Purpose
18.175.020 Right to Appeal, Call for Review, Time Limits
18.175.030 Initiation
18.175.040 Procedures
18.175.050 Effective Date
18.175.010 Purpose.
The purpose of this Chapter is to establish procedures for the appeal of determinations and decisions made by the Zoning Administrator, Architectural Review Commission, and Planning Commission.
18.175.01018.175.020 Right to Appeal, Call for Review, Time Limits A. Right to Appeal. Any interested person may appeal a decision. [Source: 18.130.010.A] B. Appeal. A decision of the Zoning Administrator may be appealed to the Planning Ccommission.
A decision of the Zoning Administrator regarding a Temporary Sign Permit or conformance to Master Sign Program may be appealed to the Architectural Review Commission. A decision of the Planning Commission or Architectural Review Ccommission may be appealed to the City Council. [Source: NEW]
C. Call for Rreview. Any decision of the Zzoning Aadministrator may be called up for review by any member of the Pplanning Ccommissionner, Aarchitectural Rreview Ccommissioner, or Ccity Ccouncil member. Any decision of the Pplanning Ccommission or Aarchitectural Rreview Ccommission may be called up for review by a a member of the Ccity Ccouncil member. [Source: 18.130.010.B]
A.D. Time Llimits. An appeal or call for review must be submitted in writing to the Zzoning Aadministrator within 10 calendar days of the mailed notice of decision. [Source: 18.130.010.C]
18.175.02018.175.030 Initiation
A. Appeal. An appeal shall be filed with the Zzoning Aadministrator on a form approved by the Planning Divisionprovided and shall state the specific reasons for the appeal. [Source:
18.130.020.A]
B. Call for Rreview. A call for review shall be filed with the Zzoning Aadministrator and shall state the reasons for such review. [Source: 18.130.020.B]
C. Effective DateCalls for Review. A decision that is appealed or called up for review does not become effective until the appeal or review is resolved. [Source: 18.130.020.C] Item 10.1
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20 18.175.03018.175.040 Procedures
A. Hearing Ddate. An appeal or call for review shall have the be scheduled for a public hearing occurs before the appellate body within 6045 calendar days of the city’s Zoning Administrator’s receipt of the appeal or call for review, unless both applicant, and appellant and City consent to a later date. [Source: 18.130.030.A]
B. Notice and Ppublic Hhearing. An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed requires a public hearing. Notice of the public hearing shall be given in the manner required for the initial decision and shall comply with Chapter
18.___ (Noticing Requirements). [Source: 18.130.030.B]
C. Plans and materials. At an appeal or review hearing the appellate body shall consider only the same application, plans, and related project materials that were the subject of the original decision. [Source: 18.130.030.C]
D.C. Public Hearing. Public hearings for appeals are De Novo, in which new information may be provided and considered by the appellate body when taking action on the appeal. At the public hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party. [Source: 18.130.030.D] E.D. Decision and Nnotice. After the public hearing, the appellate body shall affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons for modification or reversal. [Source: 18.130.030.E] A decision on appeal or call for review shall be rendered within 30 calendar days of the close of the public hearing. The Zzoning Aadministrator shall mail notice of a Pplanning Ccommission decision or Aarchitectural Rreview Ccommission decision. The Ccity Cclerk shall mail notice of a Ccity Ccouncil decision. Such notice shall be mailed within five working days after the date of the decision to the applicant, the appellant, and any other party requesting such notice. [Source: 18.130.030.E]
F.E. Failure to Aact. Failure to act within the time limits establishedprescribed in Ssubsections A and E of this Ssection shall be deemed affirmation of the original decision. [Source:
18.130.030.F]
18.175.04018.175.050 Effective Date
A decision by the Ccity Ccouncil regarding an appeal or call for review becomes final on the date of the decision. A decision by the Pplanning Ccommission or Aarchitectural Rreview Ccommission regarding an appeal or review becomes final 10 calendar days after the date the notice of decision is mailed, unless appealed to the Ccity Ccouncil. [Source: 18.130.040] Item 10.1
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21 Chapter 18.180
Development Agreement
Item 10.1
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22 Chapter 18.180 Development Agreement
Sections
18.180.010 Purpose
18.180.020 Interpretation of Development Agreement Provisions
18.180.030 Eligibility Requirements
18.180.040 Agreement Contents
18.180.050 Filing, Processing, and Review
18.180.060 Action
18.180.070 Findings
18.180.080 Annual Review
18.180.090 Amendment or Cancellation
18.180.100 Administration
18.180.010 Purpose
In order toTo strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted provisions in the Government Code authorizing local governments to enter into development agreements with applicants for development projects. The objective of such an agreement is to provide for vesting of certain development rights in the property by granting assurances that, upon approval of the project, the applicant may proceed with the project in compliance accordance with existing policies, rules and regulations, subject to the conditions of approval. The purpose of this Cchapter is to establish procedures and requirements for consideration of development agreements by the city consistent with state law. (Reference: Govt. Government Code Sections Code §§ 65864 – 65869.5) [Source:
18.120.010]
18.180.020 Interpretation of Development Agreement Provisions In interpreting the provisions of any development agreement entered into in compliance with this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Chapter, Government Code Sections 65864-65869.5, and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:
A. The provisions of Government Code Sections 65864-65869.5; B. The provisions of this Chapter; and
A.C. The plain terms of the development agreement itself. [Source: NEW] Item 10.1
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23 18.180.02018.180.030 Eligibility Application Requirements Equitable Interest. Person(s) having a legal or equitable interest in real property may propose to enter into a development agreement if all the following criteria are met:
A. The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the Zoning Administrator. An applicant may also include an authorized agent, and
B. A complete application is submitted to the Zoning Administrator on the form approved by the Planning Division.
A. An applicant may propose that the city consider entering into a development agreement by filing a complete application with the public works and community development department accompanied by plans and materials in the form approved by the department. [Source:
18.120.020]
18.180.03018.180.040 Agreement Contents
A. Mandatory Contents. A development agreement shall contain all the following content, in compliance with Government Code Section 65865.2specify all of the following:
1. Specifying the:
a. Dthe duration of the agreement;
b. Pthe permitted land uses of the subject property, including mix and type of uses;
c. the Ddensity and/or intensity of the permitted land uses; d. Mthe maximum height and size of proposed buildings; and e. P provisions for reservation or dedication of land for public purposes. [Source:
18.120.030.A]
2. Describing the:
a. Provisions, if any, for reservation or dedication of land for public purposes; and b. Provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or effect fees. [Source:
NEW]
3. Provide for a tiered modification/amendment review procedure that may incorporate the following:
a. Zoning Administrator approval for minor modifications; b. Planning Commission approval for major modifications; and a.c. City Council approval for major amendments. [Source: NEW] B. Optional Contents. A development agreement may contain the applicable provisions identified below, in compliance with Government Code Section 65865.2A development agreement may:
[Source: 18.120.030.B]
Item 10.1
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24 1. Include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions, and requirements shall not prevent development of the land for the uses and to the density or intensity of development set forthestablished in the agreement; [Source: 18.120.030.B.1]
2. Provide that construction shall be commenced within a specified time and that the project or any phase be completed within a specified time; [Source: 18.120.030.B.2]
3. Include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; [Source: 18.120.030.B.3]
4. Provide that a particular rule, regulation or policy will apply as it exists at the time of Bbuilding Ppermit issuance (e.g.,for example, Bbuilding Ccode standards and development processing and impact fees); and [Source: 18.120.030.B.4]
5. Provide for specific penalties for failure to perform. [Source: 18.120.030.B.5]
6. Unless otherwise specified in the development agreement, the rules, regulations, and official policies governing the development of the property will be those in effect at the time the agreement is executed. In subsequent actions related to the project, the City may apply new rules, regulations, and policies that do not conflict with those in place at the time of the agreement. The City may also deny or conditionally approve the project based on these new rules. No rights will be considered vested in the applicant or any other party under a development agreement, except as explicitly stated in the agreement. Unless otherwise provided by the development agreement, the rules, regulations, and official policies applicable to development of the property subject to a development agreement shall be those rules, regulations, and official policies in effect at the time of agreement execution. In subsequent actions applicable to the project, the city may apply new rules, regulations, and policies which do not conflict with those rules, regulations, and policies in effect at the time of the agreement, and may deny or conditionally approve the project on that basis. No rights shall be deemed to vest in the applicant or any other person under any development agreement, except as set forth in the development agreement. [Source: 18.120.030.C] C. Development agreements shall be limited to a period not to exceed a maximum of 10 years from the effective date of the adopting ordinance. [Source: 18.120.030.D]
18.180.04018.180.050 Filing, Processing, and Review
A. Filing. The applicant shall submit a complete application for a development agreement to the Zoning Administrator in the form approved by the Planning Division. [Source: NEW] A.B. Review processAuthorization to Negotiate. . City staff shall not begin to negotiate with the applicant until the Ccity Ccouncil has so authorized City staff, following completion of the application review process as set forth below. [Source: 18.120.040] B.C. Zoning Administrator Review. The Zzoning Aadministrator, upon receipt of City Council’s authorization, shall review the development agreement proposalapplication, undertake environmental review in compliance with Section 18.165.050 (Environmental Review), consult with all applicable Ccity departments, and obtain such additional information from the applicant as may be deemed necessary by the zoning administrator. Within 45 calendar days of receipt Item 10.1
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25 of the application, the Zzoning Aadministrator shall prepare a report to the city council containing their zoning administrator’s recommendation. The recommendation shall consist of the following: [Source: 18.120.040.A, 18.120.050.A]
1. A statement of potential public benefits and costs accruing to the Ccity if the agreement were entered into; [Source: 18.120.040.A.1]
2. A recommendation as to whether the Ccity should negotiate further with the applicant; [Source: 18.120.040.A.2]
3. A statement whether the application meets the minimum statutory requirements for a development agreement, as set forth in PHMC § 18.120.030.A;established by this Chapter and State law; [Source: 18.120.040.A.3]
4. A statement of issues for further research and investigation, and issues that should be addressed in the development agreement; [Source: 18.120.040.A.4]
5. A statement of those documents, applications, and other items required by the Zzoning Aadministrator in order to further process the application or negotiate with the applicant. [Source: 18.120.040.A.5]
D. Planning Commission Review. Upon completion of the Zoning Administrator’s report, the application, together with recommendations and appropriate environmental review documents, shall be submitted to the Planning Commission. The Upon completion of the report, the proposed development agreementmatter shall be set for a public hearing before the Planning Commission within six months of receiving City Council authorization to negotiate. The City and the applicant may agree to a later date. The Planning Commission will consider the application and forward a recommendation to the city council at its next regularly scheduled meeting. Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. The Ccity Ccouncil in compliance with Section 18.180.xx (Action) shall consider at the hearing whether to authorize city staff to negotiate with the applicant concerning the development agreement. [Source: 18.120.040.B, 18.120.050.B]
E. City Council Review. Upon receipt of the Planning Commission's recommendations, the City Clerk shall set the application and written report of the Planning Commission for a public hearing before the City Council. Following conclusion of the public hearing, the City Council shall act on the application in compliance with Section 18.180.xx (Action) based on the findings identified in Section 18.180.xx (Findings). [Source: 18.120.040] C.
D. Department review and recommendation – Notice and public hearing. [Source: 18.120.050]
1. A. Department review and recommendation. If the city council has directed the staff to proceed with the application under PHMC § 18.120.030, the department shall, at the applicant’s expense, undertake environmental review in accord with city guidelines for CEQA implementation (unless the project is categorically exempt). Upon completion of the review, the department shall transmit the application, together with its recommendations and appropriate environmental review documents, to the planning commission. [Source: 18.120.050.A]
Item 10.1
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26 E.F. B. Notice ofand Ppublic Hhearing. Within six months following council authorization to staff to negotiate with the applicant, a public hearing shall be scheduled before the planning commission. The city and the applicant may agree to a later date. Notice of the hearings identified in Subsections D. and E., shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with Government Code Section 65867 and Chapter 18.xxx (Noticing Requirements).Notice of intention to consider the application shall be given as provided in PHMC Chapter 18.80. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project. If the application is being processed together with a development project, notice of the public hearing shall also be given as required for consideration of the development project. [Source: 18.120.050.B, 18.120.070.B]
18.180.05018.180.060 Action
A. Planning Ccommission Recommendationaction.
1. After the public hearing by the Planning Commission, the Planning Commission shall make its recommendation about the application for a development agreement by written resolution to the City Council. The Planning Commission shall not recommend that the City enter into the development agreement unless the Planning Commission makes all the findings established in Section 18.180.xxxAfter the public hearing is closed, the commission shall recommend either approval, modification, or disapproval of the proposed development agreement. (Findings).
1.2. The Planning Ccommission shall transmit its recommendation to the Ccity Ccouncil within 30 calendar days of the close of the Planning Commission public hearing. [Source: 18.120.060]
2. In making its recommendation, the commission shall consider whether the proposal conforms to the general plan and any applicable specific plan, and whether the proposal contains the minimum statutory requirements of Government Code section 65865.2, as set forth in PHMC § 18.120.030.A. [Source: 18.120.060] B. City Ccouncil Aaction.
1. Upon receipt of the application, the results of the environmental review, and the recommendations of the department and the planning commission, the city council shall schedule a public hearing on the application. Notice of intention to consider the application shall be given in the manner set forth in PHMC Chapter 18.80. [Source:
18.120.070.A]
2. If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project. [Source: 18.120.070.B]
1. After the public hearing is closed, the Ccity Ccouncil shall approve, approve with modifmodificationsy, or disapprove deny the proposed development agreement. Any approval of a proposed agreement shall be made by ordinance, which shall authorize the Ccity Mmanager to sign the agreement on behalf of the Ccity, and shall become Item 10.1
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27 effective 30 calendar days after adoption, unless a referendum is filed within that time. [Source: 18.120.070.C]
3. Upon the close of the hearing, the city council shall by resolution either: [Source:
18.120.040.C]
a. Direct city staff to continue negotiating with the applicant, and to prepare a proposed development agreement for planning commission review; or [Source: 18.120.040.C.1]
b. Determine that no further negotiations are desirable and reject the application. [Source: 18.120.040.C.2]
4.2. No agreement shall be signed by the Ccity Mmanager until it has been duly signed by the applicant and property owner, if the applicant is not the property owner. If the applicant has not signed and returned the approved agreement to the Ccity Mmanager for signing within 30 calendar days of City Ccouncil approval, the application is deemed withdrawn by applicant. [Source: 18.120.070.D]
5. Within 10 calendar days after the Ccity Mmanager signs a development agreement and the ordinance becomes effective, the Ccity Cclerk shall submit cause a copy to be recorded in the office of the county recorderof the development agreement to the County Record’s Office for recordation. [Source: 18.120.070.D, modified] Following denial of an application for a development agreement, no new application for the same, or substantially the same, development agreement shall be accepted within one year of the date of denial, unless the denial was made without prejudice. [Source: 18.120.070.E]
18.180.070 Findings
A proposed development n agreement shall not be approved unless the city council finds thatall the following findings are made: [Source: 18.120.070.C]
C.A. The agreement is consistent with the Ggeneral Pplan and with any applicable specific plan; [Source: 18.120.070.C.1]
D.B. The agreement is consistent with this Ttitle, the Municipalcity Ccode, and the State Subdivision Map Act; [Source: 18.120.070.C.2]
E.C. The agreement will not be detrimental to the health, safety, and general welfare; and will not adversely affect the orderly development of property or the preservation of property values; [Source: 18.120.070.C.3]
F.D. The city council has considered the effect of the development agreement on the housing needs of the region in which the Ccity is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; and [Source:
18.120.070.C.4]
G.E. The city council has considered the statement of potential public benefits and costs accruing to the Ccity was considered. [Source: 18.120.070.C.5]
Item 10.1
City Council Meeting Agenda - Page 1767 of 2120 - Monday, April 21, 2025 Chapter 18.180 Development Agreement
28 18.180.06018.180.080 Annual Review
A. In compliance with Government Code Section 65865.1.A, a development agreement shall be reviewed at least once every 12 months, or more often at the request of the Ccity Ccouncil, Zzoning Aadministrator, or applicant. [Source: 18.120.080.A] B. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by the City.The purpose of the review is to inquire into the good faith compliance of the applicant with the terms of the agreement and for any other purpose specified in the agreement. [Source: 18.120.080.B]
C. Notice.
1. The applicant/contracting party or its successor(s)-in-interest shall initiate the review proceeding by making application to the Zoning Administrator in compliance with this Chapter. [Source: 18.120.080.C]
2. Upon receipt of a complete application, the Zoning Administrator shall begin the review procedures by giving notice that the City intends to undertake a periodic review of the development agreement to the applicant/contracting party or its successor(s)-ininterest, and any person who has filed a written request for notice with the Zoning Administrator. [Source: 18.120.080.C, modified]
1. Before each review, the public works and community development department shall prepare a report on all development that has occurred under the agreement since the last review and any other matters the department wishes to bring to the council’s attention. [Source: 18.120.080.C]
3. If, upon their review, the Zoning Administrator the department recommends modification or termination of the development agreement, a public hearing shall be scheduled before the Pplanning Ccommission on the development agreement. Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial consideration under PHMC Chapter 18.80application in compliance with this Chapter.
D. Public Hearing Procedures for Development Agreement Reviews.
2.1. Planning Commission Public Hearing. At the hearing, the applicant has the burden of demonstrating good faith compliance with the terms of the agreement. After closing the Planning Commission public hearing,, the Pplanning Ccommission shall determine whether to recommend that the development agreement be terminated, modified, or confirmed as is. [Source: 18.120.080.F]
2. City Council Public Hearing. Upon receipt of the Zzoning Aadministrator’s or pPlanning Ccommission’s recommendation, the Ccity Ccouncil shall schedule a public hearing.
Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial application in compliance with this Chapter.Notice of intention to modify or terminate the agreement shall be given in the same manner as Item 10.1
City Council Meeting Agenda - Page 1768 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
29 the initial consideration under PHMC Chapter 18.80. If, after the public hearing is closed, the Ccity Ccouncil finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms of the agreement, the Ccity Ccouncil may terminate or modify the agreement or impose penalties as provided in the agreement in compliance with Government Code Section 65865.1may modify or terminate the agreement. Any modification or termination must be done by ordinance, and is subject to Government Code section 65867.5. [Source: 18.120.080.G-E]
18.180.07018.180.090 Amendment or Cancellation
The development agreement may be amended or canceled:
A. (A) Tto comply with later enacted Ffederal or Sstate laws or regulations, under Government Code section 65869.5; or
B. B(B) by mutual consent, under Government Code section 65868; or A.C. Fr (C) following Ccity’s periodic review, under Government Code section 65865.1. Notice of intention to take any such action shall be given in the manner provided for the initial consideration, under PHMC Chapter 18.80,in compliance with this Chapter, except that the parties may set forthestablish an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment is subject to Government Code section 65867.5, which provides that the decision be adopted by ordinance. [Source: 18.120.090]
18.180.08018.180.100 Administration
The Zzoning Aadministrator shall receive, review, process, and prepare, together with recommendations for Commission and Board consideration, all applications for development agreements.prepare and adopt such application forms, checklists, and other documents as considered necessary to implement these procedures and requirements. [Source: 18.120.100, ] Item 10.1
City Council Meeting Agenda - Page 1769 of 2120 - Monday, April 21, 2025 Chapter 18.185 Enforcement
30 Chapter 18.185
Enforcement
Item 10.1
City Council Meeting Agenda - Page 1770 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.185 Revised Preliminary Draft – March 2025
31 Chapter 18.185 Enforcement
Sections
18.185.010 Purpose and Intent
18.185.020 Public Nuisance
18.185.030 Permits, Licenses, Certificates, and Approvals
18.185.040 Enforcement Responsibilities
18.185.050 Revocation or Modification of Discretionary Permits
18.185.060 Public Hearing and Other Violations
18.185.070 Penalties
18.185.080 Notice of Violation
18.185.010 Purpose and Intent
This Chapter provides procedures that are intended to ensure compliance with the requirements of this Title and the conditions of permit approval. [Source: NEW]
18.185.01018.185.020 Public Nuisance
A violation of any provision of this Ttitle is a public nuisance and may be abated pursuant to the provisions of PHMCin compliance with Chapter 7.05 (Public Nuisances) of the Municipal Code or any other remedy available by law. [Source: 18.135.010]
18.185.02018.185.030 Permits, Licenses, Certificates, and Approvals A permit, license, certificate, or approval granted in conflict with thea provisions of tthis Title is void. [Source: 18.135.020]
18.185.03018.185.040 Enforcement Responsibilities
The Zzoning Aadministrator is responsible for enforcing the terms of discretionary permits and their conditions under this Ttitle. The chief Bbuilding Oofficial is responsible for enforcing this Ttitle pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. All other officers of the Ccity officers are responsible for enforcing provisions related to their areas of responsibility. [Source: 18.135.030]
18.185.04018.185.050 Revocation or Modification of Discretionary Permits A. Duties of Zzoning Aadministrator. If the Zzoning Aadministrator determines there are grounds for revocation or modification of a Zzoning pPermit, Hhome Ooccupation Ppermit, Uuse Ppermit, Vvariance, Ddevelopment Pplan approval, Aarchitectural Rreview Ppermit, or other discretionary approval authorized by this Ttitle, the Zzoning Aadministrator shall schedule a revocation hearing before whichever person or body review authority took final action on the permit. [Source: 18.135.040.A]
Item 10.1
City Council Meeting Agenda - Page 1771 of 2120 - Monday, April 21, 2025 Chapter 18.185 Enforcement
32 B. Notice and of Ppublic Hhearing. Notice shall be given in the same manner required for a public hearing to consider approval and in compliance with Chapter 18.xxx (Noticing Requirements).
If no notice is required for the permit, then none is required for the revocation or modification hearing, except that notice shall be mailed to the permittee at least 10 calendar days before the hearing. The contents of the notice shall be as prescribed by PHMC Chapter 18.80. [Source: 18.135.040.B]
C. Public Hearing. The person or bodyreview authority conducting the public hearing shall hear testimony of Ccity staff, the permittee, and any other interested person. A public hearing may be continued to a specific date and time without additional public notice. [Source:
18.135.040.C]
D. Required Ffindings. The person or bodyreview authority conducting the hearing may revoke or modify the permit upon making one or more of the following findings: [Source: 18.135.040.D]
1. The permit was issued on the basis of erroneous or misleading information or misrepresentation; [Source: 18.135.040.D.1]
2. The use or the user is in violation of a condition of approval of the permit, or other laws or regulations, including but not limited to the Mmunicipal Ccode; or [Source:
18.135.040.D.2]
3. The use is being conducted contrary to the public health, safety, and welfare. [Source:
18.135.040.D.3]
E. Decision and Nnotice. Within 10 calendar days of the conclusion of the hearing, Tthe applicable person or bodyreview authority that conducted the hearing shall render a decision and shall mail notice of the decision to the permittee and to any other person who has filed a written request for such notice within 10 calendar days after the conclusion of the public hearing. [Source: 18.135.040.E]
F. Effective Ddate – Appeals. A decision to revoke a discretionary permit becomes final 10 calendar days after the notice of the decision is mailed, unless appealed. [Source:
18.135.040.F]
G. Other Rremedies. The Ccity’s right to revoke a discretionary permit is in addition to any other remedy allowed by law. [Source: 18.135.040.G]
18.185.05018.185.060 Public Hearing and Other Violations If the Zzoning Aadministrator has reason to believe a violation of this Ttitle exists, the Zzoning Aadministrator may direct the violator or property owner and violatoror both to appear before the Zzoning Aadministrator to show cause why the Ccity should not proceed with enforcement action.
Notice of the possible violation and the time and place of the hearing shall be mailed to the violator or property owner and violator and any other interested person at least 10 calendar days before the public hearing. The contents of the notice shall be as set forth in PHMC Chapter 18.80. [Source: 18.135.050] At the public hearing, the Zzoning Aadministrator shall consider the testimony of the Ccity staff, the violator, the property owner and any other interested person. The Zzoning Aadministrator may make a finding as to whether or not a violation of this Ttitle exists, and may recommend to the City staff and to Item 10.1
City Council Meeting Agenda - Page 1772 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.185 Revised Preliminary Draft – March 2025
33 the property owner one or more courses of action. The Zzoning Aadministrator may , in his or her discretion, refer the matter directly to the Pplanning Ccommission. [Source: 18.135.050]
18.185.06018.185.070 Penalties
A person who violates a provision of this Ttitle, including the failure to secure a zoning permit or comply with a condition of approval, is subject to the criminal penalties set forthestablished in PHMC Chapter
1.30 (Criminal Penalties – Infraction Citations) of the Municipal Code. Payment of a fine or penalty does not relieve a person from the responsibility of correcting the violation. [Source: 18.135.060]
18.185.07018.185.080 Notice of Violation
A. If property in the Ccity exists in violation of this Ttitle, and the violator or property owner and violator fails or refuses to correct the violation, the Ccity may record a notice of violation against the affected property. [Source: 18.135.070.A]
B. Before recording such a notice, the Ccity shall do all of the following: [Source: 18.135.070.B]
1. The Zzoning Aadministrator shall send written notice to the current property owner and violator that a violation exists and request that the owner correct the violationthe violation be corrected within a specific, reasonable period of time. The Zzoning Aadministrator may , in his or her discretion, send more than one notice and conduct an informal show cause hearing to discuss the violation with the property owner and violator. [Source: 18.135.070.B.1]
2. If the property owner or violator fails or refuses to correct the violation within the time specified, the Zzoning Aadministrator shall mail to the propertycurrent owner and violator by regular first class and by certified mail a notice of intention to record a notice of violation, describing the real property in detail, naming the property owner(s), describing the violation in detail (including relevant Mmunicipal Ccode sections), and stating that an opportunity will be given to the property owner and violator to present evidence. The notice shall specify a time, date, and place for a Pplanning Ccommission public hearing at which the owner may present evidence to the planning commissionas to why the notice should not be recorded. The public hearing shall take place no sooner than 30 calendar days and no later than 60 calendar days from the date of mailing. [Source: 18.135.070.B.2]
3. The Pplanning Ccommission shall hear the matter on the date scheduled. If, after the property owner, andviolator, and the Ccity staff have presented evidence, the Planning Ccommission determines that there is no violation, the Zzoning Aadministrator shall mail a clearance letter to the propertycurrent owner and violator. If the property owner and violator fails to appear, or the Planning Ccommission determines that there is a violation, the Planning Ccommission may, by resolution, direct the Zzoning Aadministrator to record the notice of violation with the Ccounty Rrecorder’s Office. [Source: 18.135.070.B.3]
4. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property, under California Civil Code Ssections 1213 and 1215. [Source: 18.135.070.B.4]
Item 10.1
City Council Meeting Agenda - Page 1773 of 2120 - Monday, April 21, 2025 Chapter 18.185 Enforcement
34 5. If the property owner and violator corrects the violation after the notice has been recorded and has notified the Ccity in writing and consented to an inspection to confirm the correction, the Zzoning Aadministrator shall record a release or cancellation of the notice of violation. [Source: 18.135.070.B.5]
Item 10.1
City Council Meeting Agenda - Page 1774 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – March 2025
35 Chapter 18.190
Nonconforming Provisions
Item 10.1
City Council Meeting Agenda - Page 1775 of 2120 - Monday, April 21, 2025 Chapter 18.190 Nonconforming Provisions
36 Chapter 18.190 Nonconforming Provisions
Sections
18.190.010 Purpose and Applicability
18.190.020 Determination and Proof of Nonconforming Status
18.190.030 Nonconforming Lots
18.190.040 Nonconforming Structures
18.190.050 Nonconforming Uses
18.190.060 Nonconforming Signs
18.190.010 Purpose and Applicability
A. Purpose. The Chapter provides provisions for the continuance, maintenance, and repair of nonconformities under specific circumstances. [Source: NEW] B. Intent. The provisions of this Chapter are intended to:
1. Limit the number and extent of nonconformities existing at the time of adoption of this Title or created by the adoption of this Title; [Source: NEW]
2. Limit the extent to which nonconforming lots, structures, uses, and signs are altered, maintained, repaired, reestablished, and/or continued; and [Source: NEW]
1.3. Ensure that nonconformities do not create any health, life, and/or safety issues. [Source: NEW]
18.190.020 Determination and Proof of Nonconforming Status Property Owner’s Responsibility. The property owner has the burden to provide evidence of the legality of the nonconformity. Said evidence may include, but is not limited to, a previously approved land use entitlement from the City, business license, certificate of occupancy, or utility billing records. [Source:
NEW]
18.190.02018.190.030 Nonconforming Parcels and Lots
A legally created lot having a width or area less than required for the base zoning district standards in which it islot is located may be occupied by a permitted or conditionally permitted use if it has a width of 25 feet or more and an area of 2,500 square feet or more; provided, that on the effective date of regulations that made it substandard, it was in single ownership separate from any abutting lot. No substandard lot may be further reduced in area or width, and a substandard lot is subject to the same yard setback and density requirements as a standard lotestablished by the base zoning district. One dwelling unit may be located on a substandard lot that meets the requirements of this Ssection. [Source:
18.50.030]
Item 10.1
City Council Meeting Agenda - Page 1776 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – March 2025
37 18.190.03018.190.040 Nonconforming Structures
A. Continuation and Mmaintenance. A structure that was lawfully erected but which does not conform with the currently applicable requirements and standards for setbacksyard spaces, height of structure, or distance between structures prescribed established by the base zonein the district regulations is a nonconforming structure and may be used and maintained, except as otherwise provided in this Cchapter. A nonconforming structure is also subject to the e Uniform Building Code, Section 104(c) and PHMC § 18.20.040.D. and all other applicable provisions established in this Title [Source: 18.65.030.A] B. General Rregulations. The following regulations apply to each nonconforming structure:
[Source: 18.65.030.B]
1. Routine maintenance and repairs may be performed on a nonconforming structure. [Source: 18.65.030.B.1]
2. No nonconforming structure shall be altered or enlarged unless required by law, or unless the alteration or enlargement conforms to the standards of the base zoning district in which the structure is located. [Source: 18.65.030.B.2]
3. An applicant for a Zzoning Ppermit in a nonresidential zoning district for occupancy of a site or structure that is nonconforming due to lack of one of the following shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The zoning administrator may require that priority be given to elimination of nonconformities that have a significant adverse impact on surrounding properties and shall not require a commitment to remove nonconformities that have a minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures. [Source: 18.65.030.B.3]:
a. screening of mechanical equipment;
b. required walls or fences to screen parking;
c. required paving for driveways; or
a.d. required planting areas.; shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The zoning administrator may require that priority be given to elimination of nonconformities that have a significant adverse impact on surrounding properties, and shall not require a commitment to remove nonconformities that have a minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures. [Source: 18.65.030.B.3] C. Restoration. [Source: 18.65.030.C]
1. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to the extent of 50 percent% or less, the structure may be restored (and the nonconforming use resumed); provided, that restoration is started within six months and diligently pursued to completion. [Source: 18.65.030.C.1] Item 10.1
City Council Meeting Agenda - Page 1777 of 2120 - Monday, April 21, 2025 Chapter 18.190 Nonconforming Provisions
38 2. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to an extent greater than 50 percent%, the structure shall not be restored except in full conformity with the regulations for the base zoning district in which it is located. However, a residential structure in an residential zoning district that does not conform to yard setbacks, height, or number of stories, or a residential garage that does not conform to the minimum dimensional limits may be reconstructed with the same floor area, provided there is no increase in any nonconformity, and upon issuance of a Uuse Ppermit by the zoning administrator.in compliance with Chapter 18.xx (Use Permits). [Source: 18.65.030.C.2]
3. The extent of damage or partial destruction under Ssubsection C.1 or C.2 of this Ssection shall be based upon the ratio of the estimated cost of restoring the structure to its condition before the damage or partial destruction to the estimated cost of duplicating the entire structure as it existed before the damage or partial destruction.
Estimates for this purpose shall be made by or shall be reviewed and approved by the Bchief building Oofficial. [Source: 18.65.030.C.3]
4. Notwithstanding the requirements of this Ssubsection C, a structure, or any portion of it, which is legally existing as of February 24, 2010, and which is located within a creek setback area under PHMC § 18.50.150.Aestablished in Chapter 18.__ (Creek Setbacks) may be replaced in kind if the property owner obtains a Bbuilding Ppermit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a Uuse Ppermit under this section. [Source: 18.65.030.C.4]
5. Notwithstanding the requirements of PHMC § 18.20.050standards established in Section 18.xxx.xxx (Accessory Structure), an accessory structure, or any portion of it, which is legally existing as of September 28, 2011, which exceeds the allowable height and/or size only, may be replaced or reconstructed in kind without the requirement of a Uuse Ppermit under this section (refers to the nonconforming structure provisions of the zoning ordinance) if the property owner obtains a Bbuilding Ppermit within 18 months of the voluntary or involuntary destruction of the structure; and provided, that the replacement structure will not exceed the height, floor area, lot coverage, or otherwise increase the degree of nonconformity of the original structure. [Source:
18.65.030.C.5]
6. Notwithstanding the requirements of this Ssubsection C, a care facility, large, licensed or unlicensed, which is legally existing within any single-family residential zone district as of June 20, 2012, may be replaced in kind if the property owner obtains a Bbuilding Ppermit within 18 months (within the same building footprint and without increasing the degree of nonconformity or intensity of use) without the requirement of a Uuse Ppermit under this section. [Source: 18.65.030.C.6]
18.190.04018.190.050 Nonconforming Uses
A. Continuation and Mmaintenance. Use of a structure or land that was lawfully established and maintained, but which does not conform to current use regulations is a nonconforming use and may be continued, except as otherwise provided in this Cchapter. [Source: 18.65.020.A] Item 10.1
City Council Meeting Agenda - Page 1778 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – March 2025
39 B.A. A use that does not conform with the parking dimension standards, loading, planting area, or screening regulations of the base zoning district in which it is located is not deemed a nonconforming use solely because of these nonconformities. [Source: 18.65.020.A] C.B. General Rregulations. The following regulations apply to each nonconforming use: [Source:
18.65.020.B]
1. There may be no increase or enlargement of the area, space, or volume occupied and used. [Source: 18.65.020.B.1]
2. There may be no change in the nature or character of the nonconforming use. [Source:
18.65.020.B.2]
3. If the nonconforming use is replaced by a conforming use, the nonconforming use is automatically terminated. [Source: 18.65.020.B.3]
4. If the nonconforming use discontinues active operation for a continuous period of 180 calendar days, the nonconforming use terminates and the facilities accommodating or serving such activity shall thereafter be utilized used only for uses permitted or conditionally permitted by the base zoning district. This provision does not apply to a nonconforming dwelling unit. [Source: 18.65.020.B.4] D.C. Modification of Ggeneral Rregulations. The regulations in Subsection B of this Section may be modified upon the issuance of a Use Permit in compliance with Chapter 18.XXX (Use Permits and Minor Use Permits), if the modification will result in the elimination or substantial reduction of the nonconformity. [Source: 18.65.020.C]
E.D. Restoration. A nonconforming use located in a nonconforming building may be resumed after the destruction of the nonconforming building if the nonconforming building is restored in compliance with Subsection 18.190.040.C (Restoration). [Source: 18.65.020.D] F.E. Revocation of Nonconforming Use. The Planning Commission may revoke the nonconforming use granted by Subsection A of this Section if it makes any of the following findings: [Source:
18.65.020.E]
1. The use is exercised so as to be detrimental to the public health or safety, or so as to be a public nuisance. [Source: 18.65.020.E.1]
2. The nature of the improvements are such that they can be altered so as to permit the use of the property in conformity with the uses permitted in the land use district in which the property is located without impairing the constitutional rights of the owner or occupant. [Source: 18.65.020.E.2]
3. The improvement which exists on the property is such that to require the property to be used only for uses permitted in the applicable land use district would not impair the constitutional rights of the owner or occupant. [Source: 18.65.020.E.3]
18.190.05018.190.060 Nonconforming Signs
A. Continuation. A nonconforming sign or sign structure that was lawfully erected or displayed but that does not conform with currently applicable requirements is a nonconforming sign and may be displayed, except as otherwise provided in this Cchapter. [Source: 18.65.040.A] Item 10.1
City Council Meeting Agenda - Page 1779 of 2120 - Monday, April 21, 2025 Chapter 18.190 Nonconforming Provisions
40 B. General Rregulations. The following regulations apply to each nonconforming sign: [Source:
18.65.040.B]
1. No nonconforming sign shall be moved or enlarged unless the new location or enlargement conforms to the regulations for the zoning district in which the sign is located. [Source: 18.65.040.B.1]
2. A nonconforming sign that has been more than 50 percent% destroyed shall be removed. A nonconforming sign that has been less than 50 percent% destroyed, as determined by the Bchief building Oofficial (and the destruction is other than facial copy replacement), may be restored if construction begins within 90 calendar days of destruction. If construction does not begin within 90 calendar days, the owner shall remove the sign. [Source: 18.65.040.B.2]
3. An owner of a nonconforming sign is required to make the sign conform to the requirements of this chapter if the owner proposes: [Source: 18.65.040.B.3] a. To alter the sign, other than a change in sign copy; or [Source:
18.65.040.B.3.a]
b. To expand or enlarge the building or land use where the sign is located, and the sign is affected by the construction, alteration or enlargement, and the cost of alterations to the sign exceeds 50 percent% of the replacement cost of the sign, as determined by the Bchief building Oofficial. [Source: 18.65.040.B.3.b] Item 10.1
City Council Meeting Agenda - Page 1780 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.195 Revised Preliminary Draft – March 2025
41 Chapter 18.195
Noticing Requirements
Item 10.1
City Council Meeting Agenda - Page 1781 of 2120 - Monday, April 21, 2025 Chapter 18.195 Noticing Requirements
42 Chapter 18.195 Noticing Requirements
Sections
18.195.010 General Notice Requirements
18.195.020 Contents of Notice
18.195.030 Summary of Notice Requirements
18.195.010 General Notice Requirements
A. A. General. Whenever a public hearing is required to be held, notice of the public hearing shall be given in accordance compliance with this Cchapter. These requirements are based on the statutory requirements found atestablished in Government Code Ssections 65090 and, 65091, and 65854. Unless stated otherwise, notice must be given at least 10 calendar days before the public hearing, or at least 20 calendar days if for a proposed Zoning Ordinance Amendment that affects the permitted uses of real property. [Source: 18.80.010] B. In addition to the notices sent to the applicant and other property owners under PHMC §
18.80.030, required by this Chapter and State law, notice shall also be mailed or delivered to any person who has filed a written request for notice with the Ccity Cclerk. The Ccity may charge a fee which is reasonably related to the cost of providing this service. Requests for notice must be renewed annually. [Source: 18.80.010]
C. Notice shall also be sent to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. [Source: 18.80.010] D. The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the Ccity for which the notice was given. [Source: 18.80.010] E. A public hearing conducted under this part in compliance with this Chapter and State law may be continued from time to time to a specific date and time, without additional notice. [Source:
18.80.010]
F. In addition to the notice requirements set forth here, the The Zzoning Aadministrator may give notice of a public hearing in any other manner theyhe or she deems necessary or desirable, or when the decision will constitute a substantial and significant deprivation of the property rights of other landowners. [Source: 18.80.010]
18.195.020 Contents of Notice
When a notice of a public hearing is required, the notice shall include the following information: [Source:
18.80.020]
A. A general description (in text or by diagram) of the location of the property that is the subject of the hearing; [Source: 18.80.020.A]
B. A general explanation of the matter to be considered; [Source: 18.80.020.B] Item 10.1
City Council Meeting Agenda - Page 1782 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.195 Revised Preliminary Draft – March 2025
43 C. The date, time, and place of the public hearing; [Source: 18.80.020.C] D. The identity of the hearing officer or body; [Source: 18.80.020.D] E. A reference to application materials on file for detailed information; [Source: 18.80.020.E] F. A statement that any interested person may appear and be heard; and [Source: 18.80.020.F] G. Other information which is required by statute or specific provisions of this chapter or which the zoning administrator deems necessary or desirable. [Source: 18.80.020.G]
18.195.030 Summary of Notice Requirements
A. Notice of a public hearing shall be given for a particular matter in compliance with Table 18.195- x (Summary of Notice Requirements). [Source: 18.80.030] B. All notices shall be published at least once in a newspaper of general circulation, at least 10 calendar days before the public hearing, or at least 20 calendar days if for a proposed Zoning Ordinance Amendment that affects the permitted uses of real property. [Source:
18.80.030]
B.C. Alternative Noticing. In compliance with Government Code Section 65091, if the number of property owners to whom notice would be mailed is greater than 1,000, the City may instead provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City. The newspaper advertisement shall be in circulation, at least 10 calendar days before the hearing, or at least 20 calendar days if for a proposed Zoning Ordinance Amendment that affects the permitted uses of real property.
Item 10.1
City Council Meeting Agenda - Page 1783 of 2120 - Monday, April 21, 2025 Chapter 18.195 Noticing Requirements
44 Table 18.195-__
Summary of Notice Requirements
Action Published
Notice
Notice Mailed to
Applicant
Notice Mailed to
Owners Within
300 Feet
Notice Mailed to
Residents
Within 300
Feet(1)
Adult Use
Development
PermitZoning
Permit
X– X– X– X–
Amendment,
Zoning Ordinance
X X X X
Amendment,
Zoning Map
X X X X
Architectural
Review Permit
– X – –
Creek Setback
Exception
– X X X
Development
Agreement
X X X –
Development Plan O X X X
Exception, Minor – X(34) X(34) X(34)
Home Occupation
Permit
O X X X
Master Sign
Program
– X – –
Sign Permit – X – –
Sign Permit,
Temporary
– – – –
Subdivision, Major O X X X
Subdivision, Minor O X X X
Use Permit O X X X
Use Permit, Minor – X X –
Use Permit,
Temporary
– O O –
Variance X X X X
Variance, Minor – X X –
Wireless
Communication
Facility “Section
6409(a)” Permit
– X X –
Zoning Permit – – – –
(-) Not Required
(X) Required
(O) Optional; if deemed significant by Zoning Administrator (1) Pursuant to Government Code section 65091, if the number of owners to whom notice would be mailed is greater than 1,000, the city may instead provide notice by placing a display advertisement of at least oneeighth page in a newspaper of general circulation in the city, at least 10 days before the hearing. (2) Notice shall be given to each resident within 300 feet of the applicant’s property, and to the applicant’s homeowner’s association, if there is one. However, if an apartment, condominium, or other multiple-family housing complex exists within the 300-foot radius, notice may be given only to the resident manager, management firm, or owner, in lieu of sending notice to each resident of the complex. (3) Pursuant to Health and Safety Codeection 1597.46(a)(3), the notice shall be sent only to owners within 100 feet of the exterior boundaries of the proposed use. (34) The 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 the Pplanning Ccommission and Ccity Ccouncil, that a decision will be made by the Zzoning Aadministrator to approve or denydisapprove the Mminor Eexception application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in complianceaccordance with this Cchapter. When multiple applications are submitted for a single site 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.
Item 10.1
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45 Item 10.1
City Council Meeting Agenda - Page 1785 of 2120 - Monday, April 21, 2025 1 18 – Zoning Code
Part 5 – Zoning Ordinance
Administration
REVISED PRELIMINARY DRAFT
MARCH 2025
Table of Contents
CHAPTER 18.165 GENERAL PROVISIONS ................................................................................... 4
18.165.010 General........................................................................................................................... 4
18.165.020 Review and Approval Authority ...................................................................................... 4
18.165.030 Projects with Multiple Discretionary Permit Applications ............................................... 5
18.165.040 Completeness of Application.......................................................................................... 5
18.165.050 Environmental Review ................................................................................................... 6
18.165.060 Fees and Deposits ......................................................................................................... 8
18.165.070 City Indemnification........................................................................................................ 8 CHAPTER 18.170 AMENDMENTS – GENERAL PLAN, ZONING ORDINANCE, AND ZONING MAP 11
18.170.010 Purpose and Applicability............................................................................................. 11
18.170.020 Application and Initiation of Amendments.................................................................... 11
18.170.030 Report – Notice and Public Hearing............................................................................. 12
18.170.040 Action ........................................................................................................................... 12
18.170.050 Findings........................................................................................................................ 14
18.170.060 Resubmittal of Application............................................................................................ 14 CHAPTER 18.175 APPEALS AND CALLS FOR REVIEW............................................................ 17
18.175.010 Purpose ........................................................................................................................ 17
18.175.020 Right to Appeal, Call for Review, Time Limits.............................................................. 17
18.175.030 Initiation ........................................................................................................................ 17
18.175.040 Procedures ................................................................................................................... 17
18.175.050 Effective Date............................................................................................................... 18 Item 10.1
City Council Meeting Agenda - Page 1786 of 2120 - Monday, April 21, 2025 Chapter 18.165 General Provisions
2 CHAPTER 18.180 DEVELOPMENT AGREEMENT....................................................................... 20
18.180.010 Purpose ........................................................................................................................ 20
18.180.020 Interpretation of Development Agreement Provisions ................................................. 20
18.180.030 Eligibility Requirements................................................................................................ 20
18.180.040 Agreement Contents .................................................................................................... 21
18.180.050 Filing, Processing, and Review .................................................................................... 22
18.180.060 Action ........................................................................................................................... 23
18.180.070 Findings........................................................................................................................ 24
18.180.080 Annual Review ............................................................................................................. 24
18.180.090 Amendment or Cancellation......................................................................................... 25
18.180.100 Administration............................................................................................................... 25 CHAPTER 18.185 ENFORCEMENT............................................................................................... 27
18.185.010 Purpose and Intent....................................................................................................... 27
18.185.020 Public Nuisance............................................................................................................ 27
18.185.030 Permits, Licenses, Certificates, and Approvals............................................................ 27
18.185.040 Enforcement Responsibilities....................................................................................... 27
18.185.050 Revocation or Modification of Discretionary Permits ................................................... 27
18.185.060 Public Hearing and Other Violations ............................................................................ 28
18.185.070 Penalties....................................................................................................................... 28
18.185.080 Notice of Violation ........................................................................................................ 29 CHAPTER 18.190 NONCONFORMING PROVISIONS.................................................................. 31
18.190.010 Purpose and Applicability............................................................................................. 31
18.190.020 Determination and Proof of Nonconforming Status ..................................................... 31
18.190.030 Nonconforming Lots ..................................................................................................... 31
18.190.040 Nonconforming Structures ........................................................................................... 32
18.190.050 Nonconforming Uses.................................................................................................... 33
18.190.060 Nonconforming Signs................................................................................................... 34 CHAPTER 18.195 NOTICING REQUIREMENTS........................................................................... 37
18.195.010 General Notice Requirements...................................................................................... 37
18.195.020 Contents of Notice........................................................................................................ 37
18.195.030 Summary of Notice Requirements ............................................................................... 38 Item 10.1
City Council Meeting Agenda - Page 1787 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – March 2025
3 Chapter 18.165
General Provisions
Item 10.1
City Council Meeting Agenda - Page 1788 of 2120 - Monday, April 21, 2025 Chapter 18.165 General Provisions
4 Chapter 18.165 General Provisions
Sections
18.165.010 General
18.165.020 Review and Approval Authority
18.165.030 Projects with Multiple Discretionary Permit Applications
18.165.040 Completeness of Application
18.165.050 Environmental Review
18.165.060 Fees and Deposits
18.165.070 City Indemnification
18.165.010 General
Part 5 (Zoning Ordinance Administration) establishes the general administrative authority and procedures for decision making of this Zoning Ordinance. It includes general administrative provisions and notice and hearing requirements; procedures for obtaining a Zoning Permit; requirements for various discretionary approvals: Development Plans, Use Permits, Temporary Use Permits, Variances, Development Agreements and Zoning Ordinance Amendments; and provisions for appeals and enforcement. [Source: 18.75.010]
18.165.020 Review and Approval Authority
A. Zoning Administrator. The Zoning Administrator has the authority to approve: Zoning Permits; Minor Use Permits; Minor Variances; Minor Subdivisions (under the Subdivision Ordinance – Title 17); Temporary Use Permits, Section 6409(a) permits, and Sign Permits; Home Occupation Permits; and certain Architectural Review Permits. With the exception of Section 6409(a) permits, the Zoning Administrator may refer any of these applications directly to the Planning Commission. The Zoning Administrator makes recommendations regarding Zoning Ordinance amendments, development agreements, and any other discretionary approval to be considered by another approval body. [Source: 18.75.020.A] B. Architectural Review Commission. The Architectural Review Commission has the authority to approve Architectural Review Permits, except for certain limited permits which may be approved by the Zoning Administrator. [Source: 18.75.020.B] C. Planning Commission. The Planning Commission has the authority to approve applications for Development Plans, Use Permits, Major Subdivisions, and Variances (except for Minor Use Permits and Minor Variances which are considered by the Zoning Administrator) and to make recommendations to the City Council regarding Zoning Ordinance Amendments, Zoning Map Amendments, and Development Agreements. The Planning Commission also hears appeals from decisions of the Zoning Administrator. The City Council hears appeals from the Planning Commission and the Architectural Review Commission. [Source: 18.75.020.D] Item 10.1
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5 D. Additional Permits May Be Required. A land use or development project must comply with all applicable permit requirements or exemptions under this Zoning Ordinance, the Municipal Code, and any relevant permits from other agencies. All necessary permits shall be secured before initiating any work, establishing a new use, or as otherwise specified by law. [Source:
NEW]
E. Appeals. All actions taken in this Section, except for those actions taken by City Council, are subject to Chapter 18.175 (Appeals and Calls for Review). [Source: 18.75.020]
18.165.030 Projects with Multiple Discretionary Permit Applications A. Actions Subject to Zoning Administrator and/or Architectural Review Commission Review. For projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of an entitlement from the Zoning Administrator and/or Architectural Review Commission, the Planning Commission and/or City Council shall be the final decision-maker and any action of the Zoning Administrator and/or Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.105.030.D, 18.115.030.F]
B. Multiple Entitlement Applications. When multiple entitlement applications requiring consideration from the same authority are filed simultaneously, a combined public hearing to review them together may be scheduled. [Source: 18.95.020, 18.90.030.B]
18.165.040 Completeness of Application
A. Initial Application. Within 30 calendar days after the City has received an application for a development project, the City shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the application is determined not to be complete, the City’s determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed. [Source: 18.75.030.A] If the determination is not made within 30 calendar days, and the application includes a statement that it is an application for a development permit (see Government Code Sections 65927 and 65943), the application shall be deemed complete. [Source: 18.75.030.A] B. Resubmittal. Except as may otherwise be required by law, upon any resubmittal of an application determined not to be complete, a new 30 calendar day period shall begin for determining whether the application is complete. The City shall determine in writing whether the resubmitted materials are complete and shall notify the applicant. If the written determination is not made within that 30 calendar day period, the application together with the submitted materials shall be deemed complete. Applications for wireless telecommunications facilities shall be subject to the resubmittal requirements established in applicable Federal and State law. [Source: 18.75.030.B]
C. Time Period Extensions. Nothing in this Section precludes an applicant and the City from mutually agreeing to extend any time period provided by this Chapter. [Source: 18.75.030.C] Item 10.1
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6 18.165.050 Environmental Review
A. Purpose. The purpose of this Section is to comply with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the Permit Streamlining Act (Government Code Section 65920 et seq.) which mandates local agencies to establish criteria and procedures for the evaluation of projects and the preparation of environmental impact reports, and negative declarations, and the review timeframes thereof. The purpose of this review is to help the City decide if the proposed project is subject to environmental review and, if so, which issues may require analysis. [Source: NEW] B. Applicability. Each application for a discretionary entitlement by the City is subject to the requirements of CEQA, the State CEQA Guidelines, and the provisions of this Section. [Source:
18.75.040, modified]
C. Review Authority. The highest decision-making review authority for the entitlement shall also have the authority to review and make the related CEQA finding. [Source: NEW] D. Review Procedures. Procedures for environmental review associated with a proposed project or application shall comply with the following:
1. Initial Review.
a. Within 30 calendar days of the submittal of a discretionary permit application, the Zoning Administrator shall determine if the application is complete in compliance with Section 18.165.xxx (Completeness of Application). [Source:
NEW]
b. An application subject to environmental review shall not be considered complete until the applicant has submitted all studies and other documentation the Zoning Administrator has deemed necessary to make an environmental determination. [Source: NEW]
2. Exempt Projects.
a. If the responsible review authority has determined that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt. [Source: NEW]
b. Within 60 calendar days after adoption of the project is determined exempt from CEQA, the applicable review authority shall approve, approve with modifications, or deny the project. This period may be extended for up to 90 calendar days with a written agreement between the City and applicant. The CEQA determination and the review authority’s formal action on the land use or entitlement may be heard at the same public hearing. See Government Code Section 65950(a)(5). [Source: NEW]
c. Following approval of a project that is exempt from CEQA review, the Zoning Administrator or the applicant may file a Notice of Exemption with the County Item 10.1
City Council Meeting Agenda - Page 1791 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – March 2025
7 Clerk’s Office. The applicant for a project shall be responsible for any fees required to file such notice. [Source: NEW]
3. Non-Exempt Projects. If the proposed project is not exempt from environmental review, the applicant shall submit necessary information as determined by the Zoning Administrator. Upon submittal, the Zoning Administrator shall prepare or cause the preparation of an Initial Study at the applicant's expense in compliance with Section
18.165.050.E. (Preparation of an Initial Study). [Source: NEW] E. Preparation of an Initial Study. An Initial Study required by this Section shall comply with the following:
1. Within 30 calendar days after an application is deemed complete, the Zoning Administrator shall determine whether to require preparation of an Environmental Impact Report (EIR), Negative Declaration, or Mitigated Negative Declaration or whether the project is within the scope of a Master EIR, or other appropriate document authorized by CEQA. The 30-calendar day time limit for completing the environmental study determination may be extended by 15 calendar days with a written agreement between the City and applicant. [Source: NEW]
2. Following completion of the Initial Study, the Zoning Administrator shall notify the applicant in writing of changes to the project deemed necessary to reduce or avoid any significant effects or revise the project to reduce its impacts to less than significant identified in the Initial Study. [Source: NEW]
3. Within 30 calendar days following the date of the notification described above, the applicant shall provide written notification to the Zoning Administrator indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project, an EIR shall be prepared. Alternatively, if the applicant does not respond to letter, the application shall be terminated by the City. [Source: NEW]
4. Based on the Initial Study, the Zoning Administrator shall make one of the following findings and prepare the appropriate environmental documentation as established:
a. The project will have "no significant impacts" on the environment, and a Negative Declaration will be prepared in compliance with CEQA and Subsection 18.165.050.F (Preparation of Negative Declarations); b. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared in compliance with CEQA and Subsection 18.165.050.F (Preparation of Negative Declarations);
c. The project is within the scope of a Master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or Item 10.1
City Council Meeting Agenda - Page 1792 of 2120 - Monday, April 21, 2025 Chapter 18.165 General Provisions
8 d. The proposed project will have, or may have, significant impact(s) and an EIR will be prepared in compliance with CEQA and Subsection 18.165.050.G (Preparation of EIRs).
F. Preparation of Negative Declarations. A Negative Declaration or Mitigated Negative Declaration required by this Section shall comply with the following:
1. Negative Declarations and Mitigated Negative Declarations shall be adopted 180 calendar days after the Zoning Administrator deems the application complete.
Additional time to complete the Negative Declaration or Mitigated Negative Declaration may be allowed by ordinance or resolution if justified by compelling circumstances and the applicant consents thereto. The Negative Declaration or Mitigated Negative Declaration shall be adopted, modified, or not adopted before formal action is taken on the proposed land use or development project. [Source: NEW]
2. Within 60 calendar days after adoption of the Negative Declaration or Mitigated Negative Declaration (or a determination that the project is exempt from CEQA), the applicable review authority shall approve, conditionally approve, or deny the project.
This period may be extended for up to 90 calendar days with a written agreement between the City and applicant. [Source: NEW]
3. In compliance with CEQA Guidelines Section 15109, any unreasonable delay by the applicant in meeting requests necessary for the preparation of the Negative Declaration or Mitigated Negative Declaration may serve to delay the approval period, or even result in project disapproval. [Source: NEW]
G. Preparation of EIRs. An EIR required by this Section shall comply with the following:
1. An EIR for a private (i.e., non-government) project shall be certified within 12 months from the date the application is deemed complete. An additional 90 calendar days to certify the EIR may be allowed by ordinance or resolution if justified by compelling circumstances and the applicant consents. [Source: NEW]
2. Development projects must be approved, denied or conditionally approved within 180 calendar days from the date of EIR certification. This period may be extended once for up to 90 calendar days. [Source: NEW]
3. If, however, the decision to certify the EIR is not made within the 12 months after the application is deemed complete but is extended in compliance with Public Resources Code Section 21151.5, the applicable review authority shall decide whether to approve or deny the project within 90 calendar days after EIR certification. This period may be extended once for up to 90 calendar days. [Source: NEW]
18.165.060 Fees and Deposits
Each person applying for a permit, or filing an appeal, under this Chapter shall pay the required fees and deposits as established by the Master Fee Schedule. [Source: 18.75.050]
18.165.070 City Indemnification
Each applicant shall indemnify, hold harmless and pay for the defense of the City, (including its agents, officers and employees) as a result of any claim, action, or proceeding to challenge a decision of the Item 10.1
City Council Meeting Agenda - Page 1793 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.165 Revised Preliminary Draft – March 2025
9 Zoning Administrator, Architectural Review Commission, Planning Commission, City Council, or any officer, department, commission, or committee of the City, concerning an entitlement, permit or approval granted under this Title. . [Source: 18.75.060] Item 10.1
City Council Meeting Agenda - Page 1794 of 2120 - Monday, April 21, 2025 Chapter 18.170 Amendments – General Plan
Zoning Ordinance, and Zoning Map
10 Chapter 18.170
Amendments – General Plan
Zoning Ordinance, and Zoning
Map
Item 10.1
City Council Meeting Agenda - Page 1795 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.170 Revised Preliminary Draft – March 2025
11 Chapter 18.170 Amendments – General Plan, Zoning
Ordinance, and Zoning Map
Sections
18.170.010 Purpose and Applicability
18.170.020 Application and Initiation of Amendments
18.170.030 Report – Notice and Public Hearing
18.170.040 Action
18.170.050 Findings
18.170.060 Resubmittal of Application
18.170.010 Purpose and Applicability
This Chapter establishes the procedures for amending the General Plan in compliance with Government Code Section 65350 et seq., and Zoning Ordinance, including changes to zoning districts and the Zoning Map, in compliance with Government Code Section 65853 et seq. The purpose of these procedures is to ensure a structured and transparent approach to modifying the General Plan, zoning regulations, and zoning districts, aligning them with the City’s planning objectives, and community needs.. [Source: 18.125.010]
18.170.020 Application and Initiation of Amendments
A. General Plan. An amendment to the General Plan shall be applied for and initiated as follows:
1. Application and Initiation. An amendment to the Geneal Plan may be initiated by motion of the City Council or Planning Commission, action of the Zoning Administrator, or by request of any resident, property owner or business owner in the City. A General Plan amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division. [Source: NEW]
2. Maximum Number of General Plan Amendments. In compliance with Government Code Section 65358 et seq., no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year. Subject to that limitation, the General Plan amendment may be made at any time, as determined by the City. Each amendment may include more than one change to the General Plan. [Source: NEW]
B. Zoning Map. An amendment to the Zoning Map may be initiated by motion of the City Council or Planning Commission, action of the Zoning Administrator, or by request of all owners of the property for which the change is sought. A Zoning Map amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division. [Source: 18.125.020.A]
Item 10.1
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Zoning Ordinance, and Zoning Map
12 C. Zoning Ordinance. An amendment to the Zoning Ordinance may be initiated by motion of the City Council or the Planning Commission, action of the Zoning Administrator, or by request of any resident, property owner or business owner in the City. A Zoning Ordinance amendment shall be initiated by submitting a complete application to the Zoning Administrator in the form approved by the Planning Division. [Source: 18.125.020.B] D. Modification of Application Requirements. The Zoning Administrator may add or waive the submission of application materials or information to determine compliance with the General Plan and Zoning Ordinance. [Source: NEW]
18.170.030 Report – Notice and Public Hearing
A. Determination of Completeness. After a General Plan, Zoning Ordinance, or Zoning Map amendment application is submitted, the Zoning Administrator 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: NEW]
B. Report. After a submitted application is deemed complete; the Zoning Administrator shall prepare separate reports for the Planning Commission and City Council containing the Zoning Administrators analysis and recommendation. The report(s) shall describe the geographical area or applicable General Plan or Zoning Ordinance provision(s) to be considered for amendment and, if warranted, propose alternative amendments. [Source: 18.125.040.A] C. Notice and Public Hearing. The responsible review authority shall hold a public hearing on an application for General Plan, Zoning Ordinance, or Zoning Map amendment and shall notice such meeting in compliance with Chapter 18.195 (Notice Requirements). In compliance with Section 18.XX.XXX (Projects with Multiple Discretionary Permit Applications), the Planning Commission may schedule a combined public hearing on multiple applications for Zoning Ordinance and Zoning Map amendments. [Source: 18.125.040.B]
18.170.040 Action
A. Planning Commission Recommendation [Source: 18.125.050]
1. Public Hearing. In compliance with Government Code Sections 65353 et seq. and 65853, at the public hearing, the Planning Commission shall consider the report from the Zoning Administrator, including the Zoning Administrator’s recommendation, and shall hear evidence for and against the proposed General Plan, Zoning Ordinance or Zoning Map amendment. The Planning Commission may continue the public hearing to a definite date and time without additional notice. [Source: 18.125.050.A]
2. Recommendation to City Council. Following the public hearing, the Planning Commission shall forward a written recommendation, including findings, to the City Council whether to recommend approval, approval in modified form, or denial of the proposed amendment, based on the findings identified in Section 18.170.xxx (Findings and Decision). [Source: 18.125.050.B]
3. Result of Planning Commission Denial. A Planning Commission recommendation of denial of an application for a Zoning Ordinance or Zoning Map amendment submitted Item 10.1
City Council Meeting Agenda - Page 1797 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.170 Revised Preliminary Draft – March 2025
13 by request terminates the proceedings, unless appealed in compliance with Chapter
18.xxx (Appeals and Calls for Review). However, when an application is combined with a General Plan amendment, the Planning Commission recommendation of a denial shall be automatically referred to the City Council for final action and does not require an appeal. All other Planning Commission actions on proposed Zoning Ordinance or Zoning Map amendments are automatically referred to the City Council. [Source:
18.125.050.C]
B. City Council Action.
1. Hearing Date and Notice. The Zoning Administrator shall set a public hearing before the City Council within 60 calendar days after the date of the Planning Commission recommendation. Notice of the public hearing shall comply with Chapter 18.xx (Notice Requirements). [Source: 18.125.060.A]
2. Public Hearing. At the public hearing, the City Council shall consider the Planning Commission’s recommendation and hear evidence for and against the proposed General Plan, Zoning Ordinance or Zoning Map amendment. The City Council may continue the public hearing to a definite date and time without additional notice. [Source: 18.125.060.B]
3. City Council Decision. The City Council shall approve, approve with modifications, or deny the proposed General Plan, Zoning Ordinance, or Zoning Map amendment based on the findings identified in Section 18.170.xxx (Findings and Decision). [Source:
18.125.060.C]
4. Referral to Planning Commission.
a. City Council Referral for Further Study.
i. When City Council requests the Planning Commission to further study and report on a proposed amendment, the Planning Commission shall study and submit a report to City Council within 60 calendar days after the referral. The City Council may establish a longer reporting period at their discretion. [Source: 18.125.060.C, 18.125.080.A] ii. Upon receipt of the City Council referral, the Planning Commission shall conduct the required public hearing and notice the public hearing in compliance with Chapter 18.xxx (Noticing Requirements). iii. Failure of the Planning Commission to report back to the City Council within the specified time period shall be deemed that the Planning Commission’s recommendation is for approval of the amendment in compliance with Government Code Sections 65356 and 65853. [Source: 18.125.060.C, 18.125.080.A]
b. City Council Referral for Information not Previously Considered. i. If the City Council proposes to adopt a substantial modification(s) to the proposed amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Item 10.1
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Zoning Ordinance, and Zoning Map
14 Planning Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857. [Source:
18.125.060.C, 18.125.080.A]
ii. The Planning Commission shall not be required to hold a public hearing on the referral. [Source: 18.125.060.C, 18.125.080.A] iii. Failure of the Planning Commission to report back to the City Council within 45 calendar days after the City Council referral, or a longer period as may be designated by the City Council, shall be deemed that the Planning Commission’s recommendation is for approval of the proposed amendment in compliance with Government Code Sections 65356 and 65857. [Source: 18.125.060.C, 18.125.080.A]
18.170.050 Findings
An amendment to the General Plan, Zoning Ordinance, or Zoning Map may be approved only if all the following findings are made, as applicable to the type of amendment. [Source: NEW] A. General Findings. The following findings shall be made for all amendments:
1. The proposed amendment(s) complies with the provisions of the California Environmental Quality Act (CEQA). [Source: NEW]
2. The proposed amendment(s) complies with the limitations on residential rezoning established in Subsection 18.170.060.X (Limitation on Residential Rezoning). [Source:
18.125.060.C]
B. Additional Finding for General Plan Amendments. The proposed amendment(s) is internally consistent with all other provisions established by the General Plan; [Source: 18.125.060.C] C. Additional Finding for Zoning Ordinance Amendments. The proposed amendment(s) is internally consistent with all other applicable provisions of the Zoning Ordinance. [Source:
NEW]
D. Limitation on Residential Rezoning. The City shall not rezone any area or property zoned for residential use to increase density or change land use unless the following additional findings are made: [Source: 18.125.070]
1. Development of the area or property to be rezoned shall not have significant growthinducing impacts on existing residential neighborhoods; [Source: 18.125.070.A]
2. Development of the area or property to be rezoned shall not have a significant traffic impact on existing residential neighborhoods; and [Source: 18.125.070.B]
3. Development of the area or property to be rezoned shall not have a significant noise impact on existing residential neighborhoods. [Source: 18.125.070.C]
18.170.060 Resubmittal of Application
Following the denial of a General Plan, Zoning Ordinance, or Zoning Map amendment application, no new application or request for the same, or substantially the same, proposed amendment shall be Item 10.1
City Council Meeting Agenda - Page 1799 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.170 Revised Preliminary Draft – March 2025
15 accepted within 12-months of the date of denial, unless the denial was made without prejudice. [Source:
18.125.090]
Item 10.1
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16 Chapter 18.175
Appeals and Calls for Review
Item 10.1
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17 Chapter 18.175 Appeals and Calls for Review
Sections
18.175.010 Purpose
18.175.020 Right to Appeal, Call for Review, Time Limits
18.175.030 Initiation
18.175.040 Procedures
18.175.050 Effective Date
18.175.010 Purpose
The purpose of this Chapter is to establish procedures for the appeal of determinations and decisions made by the Zoning Administrator, Architectural Review Commission, and Planning Commission.
18.175.020 Right to Appeal, Call for Review, Time Limits A. Right to Appeal. Any interested person may appeal a decision. [Source: 18.130.010.A] B. Appeal. A decision of the Zoning Administrator may be appealed to the Planning Commission.
A decision of the Zoning Administrator regarding a Temporary Sign Permit or conformance to Master Sign Program may be appealed to the Architectural Review Commission. A decision of the Planning Commission or Architectural Review Commission may be appealed to the City Council. [Source: NEW]
C. Call for Review. Any decision of the Zoning Administrator may be called up for review by any member of the Planning Commission, Architectural Review Commission, or City Council. Any decision of the Planning Commission or Architectural Review Commission may be called up for review by a City Council member. [Source: 18.130.010.B] D. Time Limits. An appeal or call for review must be submitted in writing to the Zoning Administrator within 10 calendar days of the mailed notice of decision. [Source: 18.130.010.C]
18.175.030 Initiation
A. Appeal. An appeal shall be filed with the Zoning Administrator on a form approved by the Planning Division and shall state the specific reasons for the appeal. [Source: 18.130.020.A] B. Call for Review. A call for review shall be filed with the Zoning Administrator and shall state the reasons for such review. [Source: 18.130.020.B]
C. Effective Date. A decision that is appealed or called up for review does not become effective until the appeal or review is resolved. [Source: 18.130.020.C]
18.175.040 Procedures
A. Hearing Date. An appeal or call for review shall have the public hearing occur before the appellate body within 60 calendar days of the Zoning Administrator’s receipt of the appeal or Item 10.1
City Council Meeting Agenda - Page 1802 of 2120 - Monday, April 21, 2025 Chapter 18.175 Appeals and Calls for Review
18 call for review, unless both applicant, appellant and City consent to a later date. [Source:
18.130.030.A]
B. Notice and Public Hearing. An appeal or review hearing shall be a public hearing if the decision being appealed or reviewed requires a public hearing. Notice of the public hearing shall be given in the manner required for the initial decision and shall comply with Chapter 18.___ (Noticing Requirements). [Source: 18.130.030.B]
C. Public Hearing. Public hearings for appeals are De Novo, in which new information may be provided and considered by the appellate body when taking action on the appeal. At the public hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party. [Source: 18.130.030.D] D. Decision and Notice. After the public hearing, the appellate body shall affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons for modification or reversal. [Source: 18.130.030.E] A decision on appeal or call for review shall be rendered within 30 calendar days of the close of the public hearing. The Zoning Administrator shall mail notice of a Planning Commission or Architectural Review Commission decision. The City Clerk shall mail notice of a City Council decision. Such notice shall be mailed within five working days after the date of the decision to the applicant, the appellant, and any other party requesting such notice. [Source: 18.130.030.E] E. Failure to Act. Failure to act within the time limits established in Subsections A and E of this Section shall be deemed affirmation of the original decision. [Source: 18.130.030.F]
18.175.050 Effective Date
A decision by the City Council regarding an appeal or call for review becomes final on the date of the decision. A decision by the Planning Commission or Architectural Review Commission regarding an appeal or review becomes final 10 calendar days after the date the notice of decision is mailed, unless appealed to the City Council. [Source: 18.130.040]
Item 10.1
City Council Meeting Agenda - Page 1803 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
19 Chapter 18.180
Development Agreement
Item 10.1
City Council Meeting Agenda - Page 1804 of 2120 - Monday, April 21, 2025 Chapter 18.180 Development Agreement
20 Chapter 18.180 Development Agreement
Sections
18.180.010 Purpose
18.180.020 Interpretation of Development Agreement Provisions
18.180.030 Eligibility Requirements
18.180.040 Agreement Contents
18.180.050 Filing, Processing, and Review
18.180.060 Action
18.180.070 Findings
18.180.080 Annual Review
18.180.090 Amendment or Cancellation
18.180.100 Administration
18.180.010 Purpose
To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development, the Legislature of the State of California adopted provisions in the Government Code authorizing local governments to enter into development agreements with applicants for development projects. The objective of such an agreement is to provide for vesting of certain development rights in the property by granting assurances that, upon approval of the project, the applicant may proceed with the project in compliance with existing policies, rules and regulations, subject to the conditions of approval. The purpose of this Chapter is to establish procedures and requirements for consideration of development agreements by the city consistent with Government Code Sections 65864 – 65869.5 [Source: 18.120.010]
18.180.020 Interpretation of Development Agreement Provisions In interpreting the provisions of any development agreement entered into in compliance with this Chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this Chapter, Government Code Sections 65864-65869.5, and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:
A. The provisions of Government Code Sections 65864-65869.5; B. The provisions of this Chapter; and
C. The plain terms of the development agreement itself. [Source: NEW]
18.180.030 Eligibility Requirements
Equitable Interest. Person(s) having a legal or equitable interest in real property may propose to enter into a development agreement if all the following criteria are met:
Item 10.1
City Council Meeting Agenda - Page 1805 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
21 A. The status of the applicant, having a legal or equitable interest in the subject real property, is established to the satisfaction of the Zoning Administrator. An applicant may also include an authorized agent, and
B. A complete application is submitted to the Zoning Administrator on the form approved by the Planning Division.
18.180.040 Agreement Contents
A. Mandatory Contents. A development agreement shall contain all the following content, in compliance with Government Code Section 65865.2:
1. Specifying the:
a. Duration of the agreement;
b. Permitted land uses of the subject property, including mix and type of uses; c. Density and/or intensity of the permitted land uses; d. Maximum height and size of proposed buildings; and
e. Provisions for reservation or dedication of land for public purposes. [Source:
18.120.030.A]
2. Describing the:
a. Provisions, if any, for reservation or dedication of land for public purposes; and b. Provisions, if any, for the protection from either a future growth control ordinance or a future increase in development and/or effect fees. [Source:
NEW]
3. Provide for a tiered modification/amendment review procedure that may incorporate the following:
a. Zoning Administrator approval for minor modifications; b. Planning Commission approval for major modifications; and c. City Council approval for major amendments. [Source: NEW] B. Optional Contents. A development agreement may contain the applicable provisions identified below, in compliance with Government Code Section 65865.2: [Source: 18.120.030.B]
1. Include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions, and requirements shall not prevent development of the land for the uses and to the density or intensity of development established in the agreement; [Source: 18.120.030.B.1]
2. Provide that construction shall be commenced within a specified time and the project or any phase be completed within a specified time; [Source: 18.120.030.B.2]
3. Include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; [Source: 18.120.030.B.3] Item 10.1
City Council Meeting Agenda - Page 1806 of 2120 - Monday, April 21, 2025 Chapter 18.180 Development Agreement
22 4. Provide that a particular rule, regulation or policy will apply as it exists at the time of Building Permit issuance (e.g., Building Code standards and development processing and impact fees); and [Source: 18.120.030.B.4]
5. Provide for specific penalties for failure to perform. [Source: 18.120.030.B.5]
6. Unless otherwise specified in the development agreement, the rules, regulations, and official policies governing the development of the property will be those in effect at the time the agreement is executed. In subsequent actions related to the project, the City may apply new rules, regulations, and policies that do not conflict with those in place at the time of the agreement. The City may also deny or conditionally approve the project based on these new rules. No rights will be considered vested in the applicant or any other party under a development agreement, except as explicitly stated in the agreement. [Source: 18.120.030.C]
C. Development agreements shall be limited to a period not to exceed 10 years from the effective date of the adopting ordinance. [Source: 18.120.030.D]
18.180.050 Filing, Processing, and Review
A. Filing. The applicant shall submit a complete application for a development agreement to the Zoning Administrator in the form approved by the Planning Division. [Source: NEW] B. Authorization to Negotiate. City staff shall not begin to negotiate with the applicant until the City Council has so authorized City staff, following completion of the application review. [Source:
18.120.040]
C. Zoning Administrator Review. The Zoning Administrator, upon receipt of City Council’s authorization, shall review the development agreement application, undertake environmental review in compliance with Section 18.165.050 (Environmental Review), consult with all applicable City departments, and obtain such additional information from the applicant as may be deemed necessary. Within 45 calendar days of receipt of the application, the Zoning Administrator shall prepare a report containing their recommendation. The recommendation shall consist of the following: [Source: 18.120.040.A, 18.120.050.A]
1. A statement of potential public benefits and costs accruing to the City if the agreement were entered into; [Source: 18.120.040.A.1]
2. A recommendation as to whether the City should negotiate further with the applicant; [Source: 18.120.040.A.2]
3. A statement whether the application meets the minimum statutory requirements for a development agreement, as established by this Chapter and State law; [Source:
18.120.040.A.3]
4. A statement of issues for further research and investigation, and issues that should be addressed in the development agreement; [Source: 18.120.040.A.4]
5. A statement of those documents, applications, and other items required by the Zoning Administrator in order to further process the application or negotiate with the applicant. [Source: 18.120.040.A.5]
Item 10.1
City Council Meeting Agenda - Page 1807 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
23 D. Planning Commission Review. Upon completion of the Zoning Administrator’s report, the application, together with recommendations and appropriate environmental review documents, shall be submitted to the Planning Commission. The proposed development agreement shall be set for a public hearing before the Planning Commission within six months of receiving City Council authorization to negotiate. The City and the applicant may agree to a later date. The Planning Commission will consider the application and forward a recommendation to the City Council in compliance with Section 18.180.xx (Action). [Source: 18.120.040.B, 18.120.050.B] E. City Council Review. Upon receipt of the Planning Commission's recommendations, the City Clerk shall set the application and written report of the Planning Commission for a public hearing before the City Council. Following conclusion of the public hearing, the City Council shall act on the application in compliance with Section 18.180.xx (Action) based on the findings identified in Section 18.180.xx (Findings). [Source: 18.120.040] F. Notice of Public Hearing. Notice of the hearings identified in Subsections D. and E., shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with Government Code Section 65867 and Chapter 18.xxx (Noticing Requirements). If the application is being processed together with the development project, the public hearing on the application may be held concurrently with the hearing on the project. [Source: 18.120.050.B, 18.120.070.B]
18.180.060 Action
A. Planning Commission Recommendation.
1. After the public hearing by the Planning Commission, the Planning Commission shall make its recommendation about the application for a development agreement by written resolution to the City Council. The Planning Commission shall not recommend that the City enter into the development agreement unless the Planning Commission makes all the findings established in Section 18.180.xxx (Findings).
2. The Planning Commission shall transmit its recommendation to the City Council within 30 calendar days of the close of the Planning Commission public hearing. [Source:
18.120.060]
B. City Council Action.
1. After the public hearing is closed, the City Council shall approve, approve with modifications, or deny the proposed development agreement. Any approval of a proposed agreement shall be made by ordinance, which shall authorize the City Manager to sign the agreement on behalf of the City and shall become effective 30 calendar days after adoption, unless a referendum is filed within that time. [Source:
18.120.070.C]
2. No agreement shall be signed by the City Manager until it has been duly signed by the applicant and property owner, if the applicant is not the property owner. If the applicant has not signed and returned the approved agreement to the City Manager for signing within 30 calendar days of City Council approval, the application is deemed withdrawn by applicant. [Source: 18.120.070.D]
Item 10.1
City Council Meeting Agenda - Page 1808 of 2120 - Monday, April 21, 2025 Chapter 18.180 Development Agreement
24 Within 10 calendar days after the City Manager signs a development agreement and the ordinance becomes effective, the City Clerk shall submit a copy of the development agreement to the County Record’s Office for recordation. [Source: 18.120.070.D, modified]
18.180.070 Findings
A proposed development agreement shall not be approved unless all the following findings are made:
[Source: 18.120.070.C]
A. The agreement is consistent with the General Plan and with any applicable specific plan; [Source: 18.120.070.C.1]
B. The agreement is consistent with this Title, the Municipal Code, and the State Subdivision Map Act; [Source: 18.120.070.C.2]
C. The agreement will not be detrimental to the health, safety, and general welfare; and will not adversely affect the orderly development of property or the preservation of property values; [Source: 18.120.070.C.3]
D. The effect of the development agreement on the housing needs of the region in which the City is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; and [Source: 18.120.070.C.4] E. The statement of potential public benefits and costs accruing to the City was considered. [Source: 18.120.070.C.5]
18.180.080 Annual Review
A. In compliance with Government Code Section 65865.1.A, a development agreement shall be reviewed at least once every 12 months, or more often at the request of the City Council, Zoning Administrator, or applicant. [Source: 18.120.080.A]
B. The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by the City. [Source: 18.120.080.B]
C. Notice.
1. The applicant/contracting party or its successor(s)-in-interest shall initiate the review proceeding by making application to the Zoning Administrator in compliance with this Chapter. [Source: 18.120.080.C]
2. Upon receipt of a complete application, the Zoning Administrator shall begin the review procedures by giving notice that the City intends to undertake a periodic review of the development agreement to the applicant/contracting party or its successor(s)-ininterest, and any person who has filed a written request for notice with the Zoning Administrator. [Source: 18.120.080.C, modified]
3. If, upon their review, the Zoning Administrator recommends modification or termination of the development agreement, a public hearing shall be scheduled before the Item 10.1
City Council Meeting Agenda - Page 1809 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.180 Revised Preliminary Draft – March 2025
25 Planning Commission on the development agreement. Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial application in compliance with this Chapter.
D. Public Hearing Procedures for Development Agreement Reviews.
1. Planning Commission Public Hearing. After closing the Planning Commission public hearing, the Planning Commission shall determine whether to recommend the development agreement be terminated, modified, or confirmed as is. [Source:
18.120.080.F]
2. City Council Public Hearing. Upon receipt of the Zoning Administrator’s or Planning Commission’s recommendation, the City Council shall schedule a public hearing.
Notice of intention to modify or terminate the development agreement shall be given in the same manner as the initial application in compliance with this Chapter. If, after the public hearing is closed, the City Council finds and determines on the basis of substantial evidence that the applicant or its successor in interest has not complied in good faith with the terms of the agreement, the City Council may terminate or modify the agreement or impose penalties as provided in the agreement in compliance with Government Code Section 65865.1. Any modification or termination must be done by ordinance and is subject to Government Code section 65867.5. [Source:
18.120.080.G-E]
18.180.090 Amendment or Cancellation
The development agreement may be amended or canceled:
A. To comply with later enacted Federal or State laws or regulations, under Government Code section 65869.5;
B. By mutual consent, under Government Code section 65868; or C. Following City’s periodic review, under Government Code section 65865.1. Notice of intention to take any such action shall be given in the manner provided for the initial consideration, in compliance with this Chapter, except that the parties may establish an alternative procedure in the agreement for processing insubstantial amendments. Any significant amendment is subject to Government Code section 65867.5, which provides that the decision be adopted by ordinance. [Source: 18.120.090]
18.180.100 Administration
The Zoning Administrator shall receive, review, process, and prepare, together with recommendations for Commission and Board consideration, all applications for development agreements. [Source:
18.120.100,
Item 10.1
City Council Meeting Agenda - Page 1810 of 2120 - Monday, April 21, 2025 Chapter 18.185 Enforcement
26 Chapter 18.185
Enforcement
Item 10.1
City Council Meeting Agenda - Page 1811 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.185 Revised Preliminary Draft – March 2025
27 Chapter 18.185 Enforcement
Sections
18.185.010 Purpose and Intent
18.185.020 Public Nuisance
18.185.030 Permits, Licenses, Certificates, and Approvals
18.185.040 Enforcement Responsibilities
18.185.050 Revocation or Modification of Discretionary Permits
18.185.060 Public Hearing and Other Violations
18.185.070 Penalties
18.185.080 Notice of Violation
18.185.010 Purpose and Intent
This Chapter provides procedures that are intended to ensure compliance with the requirements of this Title and the conditions of permit approval. [Source: NEW]
18.185.020 Public Nuisance
A violation of any provision of this Title is a public nuisance and may be abated in compliance with Chapter 7.05 (Public Nuisances) of the Municipal Code or any other remedy available by law. [Source:
18.135.010]
18.185.030 Permits, Licenses, Certificates, and Approvals A permit, license, certificate, or approval granted in conflict with the provisions of this Title is void. [Source: 18.135.020]
18.185.040 Enforcement Responsibilities
The Zoning Administrator is responsible for enforcing the terms of discretionary permits and their conditions under this Title. The Building Official is responsible for enforcing this Title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. All other City officers are responsible for enforcing provisions related to their areas of responsibility. [Source: 18.135.030]
18.185.050 Revocation or Modification of Discretionary Permits A. Duties of Zoning Administrator. If the Zoning Administrator determines there are grounds for revocation or modification of a Zoning Permit, Home Occupation Permit, Use Permit, Variance, Development Plan approval, Architectural Review Permit, or other discretionary approval authorized by this Title, the Zoning Administrator shall schedule a revocation hearing before whichever review authority took final action on the permit. [Source: 18.135.040.A] Item 10.1
City Council Meeting Agenda - Page 1812 of 2120 - Monday, April 21, 2025 Chapter 18.185 Enforcement
28 B. Notice of Public Hearing. Notice shall be given in the same manner required for a public hearing to consider approval and in compliance with Chapter 18.xxx (Noticing Requirements). If no notice is required for the permit, then none is required for the revocation or modification hearing, except that notice shall be mailed to the permittee at least 10 calendar days before the hearing. [Source: 18.135.040.B]
C. Public Hearing. The review authority conducting the public hearing shall hear testimony of City staff, the permittee, and any other interested person. A public hearing may be continued to a specific date and time without additional public notice. [Source: 18.135.040.C] D. Required Findings. The review authority conducting the hearing may revoke or modify the permit upon making one or more of the following findings: [Source: 18.135.040.D]
1. The permit was issued on the basis of erroneous or misleading information or misrepresentation; [Source: 18.135.040.D.1]
2. The use or the user is in violation of a condition of approval of the permit, or other laws or regulations, including but not limited to the Municipal Code; or [Source:
18.135.040.D.2]
3. The use is being conducted contrary to the public health, safety, and welfare. [Source:
18.135.040.D.3]
E. Decision Notice. The applicable review authority shall render a decision and shall mail notice of the decision to the permittee and to any other person who has filed a written request for such notice within 10 calendar days after the conclusion of the public hearing. [Source:
18.135.040.E]
F. Effective Date – Appeals. A decision to revoke a discretionary permit becomes final 10 calendar days after the notice of the decision is mailed, unless appealed. [Source: 18.135.040.F] G. Other Remedies. The City’s right to revoke a discretionary permit is in addition to any other remedy allowed by law. [Source: 18.135.040.G]
18.185.060 Public Hearing and Other Violations
If the Zoning Administrator has reason to believe a violation of this Title exists, the Zoning Administrator may direct the property owner and violator to appear before the Zoning Administrator to show cause why the City should not proceed with enforcement action. Notice of the possible violation and the time and place of the hearing shall be mailed to the property owner and violator and any other interested person at least 10 calendar days before the public hearing. [Source: 18.135.050] At the public hearing, the Zoning Administrator shall consider the testimony of the City staff, the violator, the property owner and any other interested person. The Zoning Administrator may make a finding as to whether or not a violation of this Title exists and may recommend to the City staff and to the property owner one or more courses of action. The Zoning Administrator may refer the matter directly to the Planning Commission. [Source: 18.135.050]
18.185.070 Penalties
A person who violates a provision of this Title, including the failure to secure a permit or comply with a condition of approval, is subject to the criminal penalties established in Chapter 1.30 (Criminal Penalties Item 10.1
City Council Meeting Agenda - Page 1813 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.185 Revised Preliminary Draft – March 2025
29 – Infraction Citations) of the Municipal Code. Payment of a fine or penalty does not relieve a person from the responsibility of correcting the violation. [Source: 18.135.060]
18.185.080 Notice of Violation
A. If property in the City exists in violation of this Title, and the property owner and violator fails to correct the violation, the City may record a notice of violation against the affected property. [Source: 18.135.070.A]
B. Before recording such a notice, the City shall do all the following: [Source: 18.135.070.B]
1. The Zoning Administrator shall send written notice to the property owner and violator that a violation exists and request the violation be corrected within a specific, reasonable period of time. The Zoning Administrator may send more than one notice and conduct an informal show cause hearing to discuss the violation with the property owner and violator. [Source: 18.135.070.B.1]
2. If the property owner or violator fails to correct the violation within the time specified, the Zoning Administrator shall mail to the property owner and violator by regular first class and by certified mail a notice of intention to record a notice of violation, describing the real property in detail, naming the property owner(s), describing the violation in detail (including relevant Municipal Code sections), and stating that an opportunity will be given to the property owner and violator to present evidence. The notice shall specify a time, date, and place for a Planning Commission public hearing at which the owner may present evidence as to why the notice should not be recorded. The public hearing shall take place no sooner than 30 calendar days and no later than 60 calendar days from the date of mailing. [Source: 18.135.070.B.2]
3. The Planning Commission shall hear the matter on the date scheduled. If, after the property owner, violator, and the City staff have presented evidence, the Planning Commission determines that there is no violation, the Zoning Administrator shall mail a clearance letter to the property owner and violator. If the property owner and violator fails to appear, or the Planning Commission determines that there is a violation, the Planning Commission may, by resolution, direct the Zoning Administrator to record the notice of violation with the County Recorder’s Office. [Source: 18.135.070.B.3]
4. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property, under California Civil Code Sections 1213 and 1215. [Source: 18.135.070.B.4]
5. If the property owner and violator corrects the violation after the notice has been recorded and has notified the City in writing and consented to an inspection to confirm the correction, the Zoning Administrator shall record a release or cancellation of the notice of violation. [Source: 18.135.070.B.5]
Item 10.1
City Council Meeting Agenda - Page 1814 of 2120 - Monday, April 21, 2025 Chapter 18.190 Nonconforming Provisions
30 Chapter 18.190
Nonconforming Provisions
Item 10.1
City Council Meeting Agenda - Page 1815 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – March 2025
31 Chapter 18.190 Nonconforming Provisions
Sections
18.190.010 Purpose and Applicability
18.190.020 Determination and Proof of Nonconforming Status
18.190.030 Nonconforming Lots
18.190.040 Nonconforming Structures
18.190.050 Nonconforming Uses
18.190.060 Nonconforming Signs
18.190.010 Purpose and Applicability
A. Purpose. The Chapter provides provisions for the continuance, maintenance, and repair of nonconformities under specific circumstances. [Source: NEW] B. Intent. The provisions of this Chapter are intended to:
1. Limit the number and extent of nonconformities existing at the time of adoption of this Title or created by the adoption of this Title; [Source: NEW]
2. Limit the extent to which nonconforming lots, structures, uses, and signs are altered, maintained, repaired, reestablished, and/or continued; and [Source: NEW]
3. Ensure that nonconformities do not create any health, life, and/or safety issues. [Source: NEW]
18.190.020 Determination and Proof of Nonconforming Status Property Owner’s Responsibility. The property owner has the burden to provide evidence of the legality of the nonconformity. Said evidence may include, but is not limited to, a previously approved land use entitlement from the City, business license, certificate of occupancy, or utility billing records. [Source:
NEW]
18.190.030 Nonconforming Lots
A legally created lot having a width or area less than required for the base zoning district standards in which lot is located may be occupied by a permitted or conditionally permitted use if it has a width of 25 feet or more and an area of 2,500 square feet or more; provided, that on the effective date of regulations that made it substandard, it was in single ownership separate from any abutting lot. No substandard lot may be further reduced in area or width, and a substandard lot is subject to the same setback and density requirements established by the base zoning district. One dwelling unit may be located on a substandard lot that meets the requirements of this Section. [Source: 18.50.030] Item 10.1
City Council Meeting Agenda - Page 1816 of 2120 - Monday, April 21, 2025 Chapter 18.190 Nonconforming Provisions
32 18.190.040 Nonconforming Structures
A. Continuation and Maintenance. A structure that was lawfully erected but which does not conform with the current applicable requirements and standards for setbacks, height, or distance between structures established by the base zone district is a nonconforming structure and may be used and maintained, except as otherwise provided in this Chapter. A nonconforming structure is also subject to the Building Code and all other applicable provisions established in this Title [Source: 18.65.030.A]
B. General Regulations. The following regulations apply to each nonconforming structure:
[Source: 18.65.030.B]
1. Routine maintenance and repairs may be performed on a nonconforming structure. [Source: 18.65.030.B.1]
2. No nonconforming structure shall be altered or enlarged unless required by law, or unless the alteration or enlargement conforms to the standards of the base zoning district in which the structure is located. [Source: 18.65.030.B.2]
3. An applicant for a Zoning Permit in a nonresidential zoning district for occupancy of a site or structure that is nonconforming due to lack of one of the following shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The zoning administrator may require that priority be given to elimination of nonconformities that have a significant adverse impact on surrounding properties and shall not require a commitment to remove nonconformities that have a minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures. [Source: 18.65.030.B.3] a. screening of mechanical equipment;
b. required walls or fences to screen parking;
c. required paving for driveways; or
d. required planting areas.
C. Restoration.
1. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to the extent of 50 percent or less, the structure may be restored (and the nonconforming use resumed); provided, that restoration is started within six months and diligently pursued to completion. [Source: 18.65.030.C.1]
2. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to an extent greater than 50 percent, the structure shall not be restored except in full conformity with the regulations for the base zoning district in which it is located. However, a residential structure in a residential zoning district that does not conform to setbacks, height, or a residential garage that does not conform to the minimum dimensional limits may be reconstructed with the same floor area, provided there is no increase in any nonconformity, and upon issuance of a Use Permit in compliance with Chapter 18.xx (Use Permits). [Source: 18.65.030.C.2] Item 10.1
City Council Meeting Agenda - Page 1817 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – March 2025
33 3. The extent of damage or partial destruction under Subsection C.1 or C.2 of this Section shall be based upon the ratio of the estimated cost of restoring the structure to its condition before the damage or partial destruction to the estimated cost of duplicating the entire structure as it existed before the damage or partial destruction. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official. [Source: 18.65.030.C.3]
4. Notwithstanding the requirements of this Subsection C, a structure, or any portion of it, which is legally existing as of February 24, 2010, and which is located within a creek setback area established in Chapter 18.__ (Creek Setbacks) may be replaced in kind if the property owner obtains a Building Permit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a Use Permit. [Source: 18.65.030.C.4]
5. Notwithstanding the standards established in Section 18.xxx.xxx (Accessory Structure), an accessory structure, or any portion of it, which is legally existing as of September 28, 2011, which exceeds the allowable height and/or size only, may be replaced or reconstructed in kind without the requirement of a Use Permit if the property owner obtains a Building Permit within 18 months of the voluntary or involuntary destruction of the structure; and provided, that the replacement structure will not exceed the height, floor area, lot coverage, or otherwise increase the degree of nonconformity of the original structure. [Source: 18.65.030.C.5]
6. Notwithstanding the requirements of this Subsection C, a care facility, large, licensed or unlicensed, which is legally existing within any single-family residential zone district as of June 20, 2012, may be replaced in kind if the property owner obtains a Building Permit within 18 months (within the same building footprint and without increasing the degree of nonconformity or intensity of use) without the requirement of a Use Permit. [Source: 18.65.030.C.6]
18.190.050 Nonconforming Uses
A. Continuation and Maintenance. Use of a structure or land that was lawfully established and maintained, but which does not conform to current use regulations is a nonconforming use and may be continued, except as otherwise provided in this Chapter. A use that does not conform with the parking dimension standards, loading, planting area, or screening regulations of the base zoning district in which it is located is not deemed a nonconforming use solely because of these nonconformities. [Source: 18.65.020.A]
B. General Regulations. The following regulations apply to each nonconforming use: [Source:
18.65.020.B]
1. There may be no increase or enlargement of the area, space, or volume occupied and used. [Source: 18.65.020.B.1]
2. There may be no change in the nature or character of the nonconforming use. [Source:
18.65.020.B.2]
3. If the nonconforming use is replaced by a conforming use, the nonconforming use is automatically terminated. [Source: 18.65.020.B.3]
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34 4. If the nonconforming use discontinues active operation for a continuous period of 180 calendar days, the nonconforming use terminates and the facilities accommodating or serving such activity shall thereafter be used only for uses permitted or conditionally permitted by the base zoning district. This provision does not apply to a nonconforming dwelling unit. [Source: 18.65.020.B.4]
C. Modification of General Regulations. The regulations in Subsection B of this Section may be modified upon the issuance of a Use Permit in compliance with Chapter 18.XXX (Use Permits and Minor Use Permits), if the modification will result in the elimination or substantial reduction of the nonconformity. [Source: 18.65.020.C]
D. Restoration. A nonconforming use located in a nonconforming building may be resumed after the destruction of the nonconforming building if the nonconforming building is restored in compliance with Subsection 18.190.040.C (Restoration). [Source: 18.65.020.D] E. Revocation of Nonconforming Use. The Planning Commission may revoke the nonconforming use granted by Subsection A of this Section if it makes any of the following findings: [Source:
18.65.020.E]
1. The use is exercised so as to be detrimental to the public health or safety, or so as to be a public nuisance. [Source: 18.65.020.E.1]
2. The nature of the improvements are such that they can be altered so as to permit the use of the property in conformity with the uses permitted in the land use district in which the property is located without impairing the constitutional rights of the owner or occupant. [Source: 18.65.020.E.2]
3. The improvement which exists on the property is such that to require the property to be used only for uses permitted in the applicable land use district would not impair the constitutional rights of the owner or occupant. [Source: 18.65.020.E.3]
18.190.060 Nonconforming Signs
A. Continuation. A nonconforming sign or sign structure that was lawfully erected or displayed but that does not conform with currently applicable requirements is a nonconforming sign and may be displayed, except as otherwise provided in this Chapter. [Source: 18.65.040.A] B. General Regulations. The following regulations apply to each nonconforming sign: [Source:
18.65.040.B]
1. No nonconforming sign shall be moved or enlarged unless the new location or enlargement conforms to the regulations for the zoning district in which the sign is located. [Source: 18.65.040.B.1]
2. A nonconforming sign that has been more than 50 percent destroyed shall be removed.
A nonconforming sign that has been less than 50 percent destroyed, as determined by the Building Official (and the destruction is other than facial copy replacement), may be restored if construction begins within 90 calendar days of destruction. If construction does not begin within 90 calendar days, the owner shall remove the sign. [Source:
18.65.040.B.2]
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City Council Meeting Agenda - Page 1819 of 2120 - Monday, April 21, 2025 Part 5 – Zoning Ordinance Administration Chapter 18.190 Revised Preliminary Draft – March 2025
35 3. An owner of a nonconforming sign is required to make the sign conform to the requirements of this chapter if the owner proposes: [Source: 18.65.040.B.3] a. To alter the sign, other than a change in sign copy; or [Source:
18.65.040.B.3.a]
b. To expand or enlarge the building or land use where the sign is located, and the sign is affected by the construction, alteration or enlargement, and the cost of alterations to the sign exceeds 50 percent of the replacement cost of the sign, as determined by the Building Official. [Source: 18.65.040.B.3.b] Item 10.1
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36 Chapter 18.195
Noticing Requirements
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37 Chapter 18.195 Noticing Requirements
Sections
18.195.010 General Notice Requirements
18.195.020 Contents of Notice
18.195.030 Summary of Notice Requirements
18.195.010 General Notice Requirements
A. General. Whenever a public hearing is required to be held, notice of the public hearing shall be given in compliance with this Chapter. These requirements are based on the statutory requirements established in Government Code Sections 65090, 65091, and 65854. Unless stated otherwise, notice must be given at least 10 calendar days before the public hearing, or at least 20 calendar days if for a proposed Zoning Ordinance Amendment that affects the permitted uses of real property. [Source: 18.80.010]
B. In addition to the notices sent to the applicant and other property owners required by this Chapter and State law, notice shall also be mailed or delivered to any person who has filed a written request for notice with the City Clerk. The City may charge a fee which is reasonably related to the cost of providing this service. Requests for notice must be renewed annually. [Source: 18.80.010]
C. Notice shall also be sent to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. [Source: 18.80.010] D. The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given. [Source: 18.80.010] E. A public hearing conducted in compliance with this Chapter and State law may be continued from time to time to a specific date and time, without additional notice. [Source: 18.80.010] F. The Zoning Administrator may give notice of a public hearing in any other manner they deem necessary or desirable, or when the decision will constitute a substantial and significant deprivation of the property rights of other landowners. [Source: 18.80.010]
18.195.020 Contents of Notice
When a notice of a public hearing is required, the notice shall include the following information:
A. A general description (in text or by diagram) of the location of the property that is the subject of the hearing; [Source: 18.80.020.A]
B. A general explanation of the matter to be considered; [Source: 18.80.020.B] C. The date, time, and place of the public hearing; [Source: 18.80.020.C] D. The identity of the hearing officer or body; [Source: 18.80.020.D] Item 10.1
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38 E. A reference to application materials on file for detailed information; [Source: 18.80.020.E] F. A statement that any interested person may appear and be heard; and [Source: 18.80.020.F] G. Other information which is required by statute or specific provisions of this chapter or which the zoning administrator deems necessary or desirable. [Source: 18.80.020.G]
18.195.030 Summary of Notice Requirements
A. Notice of a public hearing shall be given for a particular matter in compliance with Table 18.195- x (Summary of Notice Requirements). [Source: 18.80.030] B. All notices shall be published at least once in a newspaper of general circulation, at least 10 calendar days before the public hearing, or at least 20 calendar days if for a proposed Zoning Ordinance Amendment that affects the permitted uses of real property. [Source:
18.80.030]
C. Alternative Noticing. In compliance with Government Code Section 65091, if the number of property owners to whom notice would be mailed is greater than 1,000, the City may instead provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City. The newspaper advertisement shall be in circulation at least 10 calendar days before the hearing, or at least 20 calendar days if for a proposed Zoning Ordinance Amendment that affects the permitted uses of real property.
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39 Table 18.195-__
Summary of Notice Requirements
Action Published
Notice
Notice Mailed to
Applicant
Notice Mailed to
Owners Within
300 Feet
Notice Mailed to
Residents
Within 300
Feet(1)
Adult Use
Development
Permit
X X X X
Amendment,
Zoning Ordinance
X X X X
Amendment,
Zoning Map
X X X X
Architectural
Review Permit
– X – –
Creek Setback
Exception
– X X X
Development
Agreement
X X X –
Development Plan O X X X
Exception, Minor – X(3) X(3) X(3)
Home Occupation
Permit
O X X X
Master Sign
Program
– X – –
Sign Permit – X – –
Sign Permit,
Temporary
– – – –
Subdivision, Major O X X X
Subdivision, Minor O X X X
Use Permit O X X X
Use Permit, Minor – X X –
Use Permit,
Temporary
– O O –
Variance X X X X
Variance, Minor – X X –
Wireless
Communication
Facility “Section
6409(a)” Permit
– X X –
Zoning Permit – – – –
(-) Not Required
(X) Required
(O) Optional; if deemed significant by Zoning Administrator (1) Pursuant to Government Code section 65091, if the number of owners to whom notice would be mailed is greater than 1,000, the city may instead provide notice by placing a display advertisement of at least oneeighth page in a newspaper of general circulation in the city, at least 10 days before the hearing.(2) Notice shall be given to each resident within 300 feet of the applicant’s property, and to the applicant’s homeowner’s association, if there is one. However, if an apartment, condominium, or other multi-family housing complex exists within the 300-foot radius, notice may be given only to the resident manager, management firm, or owner, in lieu of sending notice to each resident of the complex. (3) The Zoning Administrator shall, within 20 calendar days after the application is deemed complete, notify all residents and property owners within 300 feet of the project site, and the Planning Commission and City Council, that a decision will be made by the Zoning Administrator to approve or deny the Minor Exception application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with this Chapter.
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40 Item 10.1
City Council Meeting Agenda - Page 1825 of 2120 - Monday, April 21, 2025 1 18 – Zoning Code
Part 6 – Definitions and Land Use
Classifications
REVISED PRELIMINARY DRAFT
APRIL 2025MARCH 2025
Table of Contents
CHAPTER 18.190 LAND USE CLASSIFICATIONS ........................................................................ 4
18.190.010 Purpose and Applicability............................................................................................... 4
18.190.020 Accessory Land Use Classifications .............................................................................. 4
18.190.030 Commercial Land Use Classifications............................................................................ 4
18.190.040 Industrial Land Use Classifications ............................................................................ 109
18.190.050 Public and Semi-Public Land Use Classifications........................................................ 10
18.190.060 Residential Land Use Classifications ........................................................................... 13
18.190.070 Temporary Land Use Classifications ........................................................................... 17 CHAPTER 18.195 DEFINITIONS.................................................................................................... 20
18.195.010 “A” Definitions............................................................................................................... 21
18.195.020 “B” Definitions............................................................................................................... 23
18.195.030 “C” Definitions............................................................................................................... 24
18.195.040 “D” Definitions........................................................................................................... 2627
18.195.050 “E” Definitions........................................................................................................... 2728
18.195.060 “F” Definitions ........................................................................................................... 2829
18.195.070 “G” Definitions .............................................................................................................. 30
18.195.080 “H” Definitions........................................................................................................... 3031
18.195.090 “I” Definitions ............................................................................................................ 3031
18.195.100 “J” Definitions ........................................................................................................... 3132
18.195.110 “K” Definitions........................................................................................................... 3132
18.195.120 “L” Definitions ........................................................................................................... 3132
18.195.130 “M” Definitions .......................................................................................................... 3536
18.195.140 “N” Definitions........................................................................................................... 3536 Item 10.1
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2 18.195.150 “O” Definitions .......................................................................................................... 3637
18.195.160 “P” Definitions........................................................................................................... 3637
18.195.170 “Q” Definitions .......................................................................................................... 3738
18.195.180 “R” Definitions........................................................................................................... 3738
18.195.190 “S” Definitions........................................................................................................... 3940
18.195.200 “T” Definitions ........................................................................................................... 4344
18.195.210 “U” Definitions........................................................................................................... 4344
18.195.220 “V” Definitions........................................................................................................... 4344
18.195.230 “W” Definitions.......................................................................................................... 4344
18.195.240 “X” Definitions........................................................................................................... 4344
18.195.250 “Y” Definitions........................................................................................................... 4344
18.195.260 “Z” Definitions ........................................................................................................... 4445 Item 10.1
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3 Chapter 18.190
Land Use Classifications
Item 10.1
City Council Meeting Agenda - Page 1828 of 2120 - Monday, April 21, 2025 Chapter 18.190 Land Use Classifications
4 Chapter 18.190 Land Use Classifications
Sections
18.190.010 Purpose and Applicability
18.190.020 Accessory Land Use Classifications
18.190.030 Commercial Land Use Classifications
18.190.040 Industrial Land Use Classifications
18.190.050 Public and Semi-Public Land Use Classifications
18.190.060 Residential Land Use Classifications
18.190.070 Temporary Land Use Classifications
18.190.010 Purpose and Applicability
This Chapter provides definitions for the uUse classifications describe land uses and activities having similar characteristicsestablished in Part 2 (Zoning District Regulations and Development Standards).
The use classifications are organized in the following general categories: following use classifications are included: accessory, commercial, industrial, public and semi-public, residential, and temporary. residential, public and semipublic, commercial, industrial, accessory and temporary. If a specific land use or activity is not listed, but is substantially similar in character to the other uses within a classification, it is at the discretion of the Zzoning Aadministrator may to determine which classification shall applythat the use or activity is within a classification. Use classifications not listed are prohibited unless authorized by Zoning Administrator.
18.190.020 Accessory Land Use Classifications
Accessory uses. A uUses incidental to the principal permitted or a conditionally permitted use on a the same site and customarily found on the same site.This classification includes accessory dwelling units and home occupations.
18.190.030 Commercial Land Use Classifications
Adult business. An establishment or concern which, as a regular and substantial course of conduct, offers, sells, or distributes adult-oriented merchandise, or which offers to its patrons materials, products, merchandise, services, entertainment or performances that depict, describe, or relate to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts. (Reference: PHMC Chapter 18.70.)See Chapter 18.50 (Adult Uses).
Ambulance service. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.
Animal sales and services.
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5 1. Animal boarding. Provision of shelter and care for small animals on a commercial basis and large animals on a commercial or noncommercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.
2. Animal clinic. Facility which provides grooming, training or other services to animals, including veterinary services on an outpatient basis with no overnight boarding.
3. Animal day care. An establishment that provides care for two or more small animals on a commercial basis, primarily within an enclosed building, with no overnight boarding.
4. Animal grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of 48 hours.
5. Animal hospital. An establishment where small animals receive medical and surgical treatment, including grooming and boarding of animals for no more than 30 days if incidental to the hospital use and limited to animals receiving medical care.
6. Animals: retail sales. Retail sales and boarding of small animals, provided such activities take place entirely within an enclosed building. This classification includes grooming if incidental to the retail use.
7. Riding academy. An establishment offering facilities for instruction in horseback riding, including rings, stables, and exercise areas.
Artists’ studios. Work spaceWorkspace for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.
Automobile maintenance, limited. An establishment engaged in the limited maintenance of automobiles, including, but not limited to, the replacement and refurbishment of motor vehicle fluids (excluding fuel), chassis lubrication, minor tune-ups, smog inspection, and window tint installation, or other similar maintenance of automobiles and light vehicles, excluding washing of the vehicle, waxing, and other cleaning or surface treatment of the vehicle, and those services described under the “automobile, vehicle and equipment repair” use classification.
Automobile service station. An establishment engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories. This classification includes incidental sales of retail products. This also includes maintenance and repair of automobiles when performed in conjunction with the sale of gas or diesel fuel and vehicle washing but excludes body and fender work or repair of heavy trucks or vehicles.
Automobile, vehicle/equipment broker. An office use providing assistance to third parties seeking to buy or sell vehicles or equipment. This classification does not include on-site storage, display or maintenance of vehicles.
Automobile, vehicle/ and equipment repair. Repair of automobiles, trucks, motorcycles, motor homes or recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shop, body and fender shop, wheel and brake shop, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping.
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6 • With body and fender work. Automobile, vehicle/equipment repair establishments that includes repair of body and fender work.
Automobile, vehicle/equipment sales and rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including storage, incidental repair and maintenance, and other activities accessory to the primary automobile vehicle/equipment sales and rentals, including but not limited to wholesale vehicle sales, unless such accessory uses are expressly limited or prohibited by the terms of the approval issued for the use.
Automobile, vehicle/equipment wholesaler. Wholesaler of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including on-site storage and incidental maintenance.
Automobile washing and exterior protection. Washing, waxing, or cleaning of automobiles or similar light vehicles and the installation of exterior body wraps, coating and protective film, excluding exterior paint.
Banks and savings and loans. A financial institution that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of money, including businesses offering check-cashing facilities. • With drive-up service. Institutions providing services accessible to persons who remain in their automobiles.
Building materials and services. Retailing, wholesaling, or rental of building supplies or equipment.
This classification includes a lumber yard, tool and equipment sales or rental establishment, and building contractors’ yard, but excludes an establishment devoted exclusively to retail sales of paint and hardware and activities classified under vehicle/equipment sales and services, including vehicle towing services.
Cannabis retailer. means a A facility or premises located in the city where cannabis or cannabis products, in any amount or form, either individually or in combination, are offered or provided for retail sale or other sales or transfer to consumers. A cannabis retailer includes an establishment that delivers cannabis as part of a retail sale. The term “cannabis retailer” includes the following subtypes:
1. Cannabis retailer, medical. A cannabis retailer selling medicinal cannabis and medicinal cannabis products to qualified patients with valid physicians’ recommendations, persons with an identification card, and primary caregivers, as each is defined in Health and Safety Code Ssection 11362.7, as amended. A medical cannabis retailer includes a medical marijuana dispensary.
2. Cannabis retailer, adult-use. A cannabis retailer selling adult-use cannabis and cannabis products for adults 21 years of age and over.
Cardroom. A gaming club as defined in Business and Professions Code Ssection 19802.
Catering services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also “Eating and drinking establishment”.) Commercial filming. Commercial motion picture or video photography at the same location for more than six days per quarter of a calendar year.
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7 Commercial parking facility. Lot offering parking to the public for a fee.
Commercial recreation and entertainment. Provision of participant or spectator recreation or entertainment. This classification includes a bingo parlor, bowling alley, billiard parlor, poolroom, ice/roller skating rink, scale-model course, tennis/racquetball court, croquet court, swim club, pinball arcade or electronic games center, and similar uses.
1. Regulated games. Cardrooms.
Communications facility. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, butmechanisms but excluding major utilities. This classification includes radio, television, or recording studios; telephone switching centers; and data centers.
Eating and drinking establishments. Business serving prepared food or beverages for consumption on or off the premises. Typical uses include, but are not limited to, restaurants, fast food establishments, bars, coffee houses, ice cream/yogurt establishments, and juice bars. (See also Live entertainment.)
1. With drive-through service. Service from a building to persons in vehicles through an outdoor service window.
2. With live entertainment/dancing inside building. See “Live entertainment.”
3. With outdoor seating. Seating Eating and drinking establishments with seating for patrons outside the buildingfor more than 12 persons outdoors.
Equipment and appliance maintenance and repair services. An establishment providing repair services for personal items and small equipment, such as electronics, appliances, and office machines repair. This classification excludes maintenance and repair of vehicles. (See “Automobile, vehicle and equipment repair”)
Firearm sales. The sale, transfer, lease, or offer for sale or lease of a firearm. For purposes of this chapter, firearm sales shall include sale of ammunition, and the terms “firearm” and “ammunition” shall have the same meanings as set forth in PHMC §Section 9.35.020 of the Municipal Code. See also “Retail sales.”
Fitness studiofacility. An establishment providing multiple types of exercise and physical conditioning services.
Food and beverage sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include a supermarket, grocery, convenience store, liquor store, or delicatessen. Establishments at which 20 percent% or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as “catering services” or “eating and drinking establishments”.
Funeral and interment services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human dead. Typical uses include a crematory, columbarium, mausoleum, or mortuary.
Horticulture, limited. The raising of vegetables, flowers, ornamental trees, and shrubs as a commercial enterprise. “Horticulture” does not include the planting, growing, harvesting, drying, curing, Item 10.1
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8 grading, or trimming of marijuanacannabis, as defined in California Health and Safety Code Ssection 11018.
Hotel. An establishment offering transient lodging on a less than weekly basis where immediate access to rooms is from a fully enclosed area not directly accessible from parking areas on the lot and providing additional services, such as conference and meeting rooms, restaurant, bar, or recreation facilities.
Laboratory. An establishment providing medical or dental laboratory services (including specimen collection facilities) or an establishment with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as limited “industry, limited.” Live entertainment. Live performance for the purpose of amusing a guest or patron, on a regular scheduled basis, regardless of whether the performers are compensated.
1. Type A. Does not include sound amplification and does not occur between 10:00 p.m. and 9:00 a.m.
2. Type B. Includes sound amplification or occurs between the hours of 10:00 p.m. and 9:00 a.m.
3. Type C. Nightclub or any other commercial establishment with dancing or musical entertainment as the primary use, with food and drink service as the ancillary use.
Maintenance and repair services. An establishment providing off-site repair services for personal items and small equipment, such as appliances and office machines repair, or building maintenance services. This classification excludes maintenance and repair of vehicles; see “Automobile, vehicle and equipment repair.”
Maintenance services establishment. An office establishment providing maintenance and repair services for residential and commercial properties, including businesses such as tree maintenance, pool maintenance, pest extermination services and similar uses. This classification excludes maintenance and repair of vehicles. (See “Automobile, vehicle and equipment repair”) Medical marijuana dispensary. As used herein the term “medical marijuana dispensary” or “dispensary” means any facility or location where medical marijuana is made available to and/or distributed by or to two or more persons in the following categories: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code section 11362.5 et seq. A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code section 11362.5 et seq. and the Pleasant Hill Municipal Code, including but not limited to this Title.
Motel. An establishment offering transient lodging on a less than weekly basis primarily for automobile travelers where a majority of the sleeping units have access directly from parking areas. This classification includes a motor lodge and tourist court.
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9 Nursery. An establishment primarily engaged in the retail sale of plants grown elsewhere. Merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and compost, mulch, soil additives, and fertilizer of any type are stored and sold in package form only.
Offices, gGeneral. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment, law office, or bail bonds. This classification excludes banks and savings and loan associations.
Offices, mMedical. Offices for a physician, dentist, medical practitioner, psychiatrist, psychologist, acupuncturist, optometrist, chiropractor, or other State of California Medical Board licensed physician or surgeon, including (1) medical/dental laboratories incidental to the medical office use and (2) nonmedical counseling uses.
Pawn shops. An establishment engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.
Personal improvement service. Provision of instructional, educational, or training services or facilities, including photography, fine arts, crafts, dance or music studio, singular specialized workout studios (but not including gyms and fitness studiosfitness facilities), driving school, business and trade school, diet center, reducing salon, and similar uses.
Personal services. Provision of recurring services of a personal nature. This classification includes a barber or beauty shop, massage, acupressure, tattoo, tanning, seamstress, tailor, shoe repair, dry cleaning agency (excluding dry cleaning plants), photocopying, Internet access facilities (without food or drink service), self-service laundry, and similar uses.
Pharmacy. An establishment where prescription drugs and medicines are sold and dispensed.
Research and development services. An establishment primarily engaged in industrial or scientific research, including limited product testing. This classification includes an electronics research firms or and pharmaceutical research laboratoriesy, but excludes manufacturing, except of prototypes, or medical testing and analysis.
Retail sales. An establishment engaged in retail sales of goods, including , but not limited to, the retail sale of merchandise not specifically listed under another use classification established in this Chapter.
This classification includes, but is not limited to, a department store, clothing store, secondhand store, furniture store, and business retailing the following goods as examplessuch as: toys, hobby materials, groceries, hand-crafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, baseball cards, coins and other collectibles (e.g., cards, or comics), comics, paint and wallpaper, carpeting and floor covering, medical supplies, office supplies, bicycles, and new automotive parts and accessories (including installation, but excluding service activities).
Theater. An establishment providing facilities for motion pictures or dramatic or musical performances and concerts.
Travel services. An establishment providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies.
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10 18.190.040 Industrial Land Use Classifications
Fuel storage and distribution. Establishment engaged in storage and bulk distribution of petroleumbased fuels, including gasoline and diesel fuel and natural gas. This classification excludes automobile service stations.
Industry, custom. Establishment primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment.
1. Small-scale. Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on site. Typical uses include custom bookbinding, ceramic studios, candle-making shops, and custom jewelry manufacture.
2. Artisan/custom product. An establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery, and other ceramics, as well as small glass and metal art and craft products, where any retail sales are incidental to the manufacturing activity.
Industry, limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes bakeries, breweries, dry cleaning plants, printing, and businesses engaged in processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services. • Small-scale. Limited to a maximum gross floor area of 5,000 square feet.
Research and development industry. An eEstablishment primarily engaged in the research, development, and controlled production of high-technology electronic, industrial, or scientific products or commodities for sale. This classification also includes uses such as a biotechnology firm, manufacturer of nontoxic computer components, and uses involving personal fitness science and technology.
Vehicle storage facilityies. Facilities for transportation vehicles (taxi, limousine, bus) including storage yards with related office, dispatch, and maintenance facilities. This includes storage of parking towaways, impound yard, and storage lot for automobiles, trucks, buses, and recreational vehicles.
Warehousing and storage, limited. Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification excludes wholesale distribution and storage, and vehicle storage.
Wholesale distribution and storage. Establishment engaged in bulk sales of goods primarily to other vendors, with distribution and storage facilities without direct public access.
18.190.050 Public and Semi-Public Land Use Classifications Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of the cemetery.
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11 Clubs and lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs, and youth centers.
Community center. A publicly owned facility used for meeting, recreational, or social events.
Cultural institution. Public or nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries.
Day care, general. Provision of nonmedical care for more than 14 persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day care centers for children. A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age child care centers. (Government Code Sections §§ 65915(i)(4), 65017.5(a)(1)).
Emergency medical care facility. A healthcare establishment that provides immediate medical treatment and care to individuals suffering from urgent, acute illnesses or injuries that require prompt attention. These facilities operate on a 24-hour basis, offering services such as emergency diagnosis, stabilization, and, when necessary, immediate interventions to prevent the deterioration of health. An emergency medical care facility may include, but is not limited to, emergency rooms, urgent care centers, trauma centers, and other specialized emergency care units. These facilities are staffed by licensed healthcare professionals, including physicians, nurses, and other medical personnel trained in emergency medicine.
Government office. Administrative, clerical, or public contact office of a government agency, including a postal facility, together with incidental storage and maintenance of vehicles.
Government mMaintenance and service facility. A Government fFacility providing maintenance and repair services for vehicles and equipment and areas for storage of equipment and supplies. This classification includes corporation yards, equipment service centers, and similar facilities.
Park and recreational facility. Noncommercial park, playground, recreation facility, open space, commercial tennis/swimming club, golf course, driving range or swim club, or similar facility.
Public safety facility. A facility that provides public safety and emergency services, including, but not limited to, police and fire protection, whether provided by a public entity or by a private entity under contract to a public entity.
• Public safety facility, Ooffender rehabilitation services. Establishments primarily engaged in providing post-conviction and/or post-incarceration follow-up services to individuals and/or groups, including, but not limited to: social services, counseling, monitoring, compliance verification, testing, referrals, and/or other similar follow-up services.
Religious Place of assembly. A facility for religious worship and incidental religious education, but not including a private schoolintended for public or private assembly and meetings, including but not limited to civic auditoriums and theatres, banquet halls, community and civic centers, conference and convention facilities, meeting halls for clubs and other membership organizations, and places of worship.
Residential Care facility, large, licensed. Any one of the following residential or nonresidential care facilities, which serves seven or more residents (or clients):
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12 1. A health facility, as defined at Health and Safety Code Ssection 1250, including general acute care hospital; acute psychiatric hospital; skilled nursing facility; intermediate care facility; intermediate care facility/ developmentally disabled – rehabilitative; special hospital; intermediate care facility/developmentally disabled; intermediate care facility/developmentally disabled – nursing; congregate living health facility; correctional treatment center (including inpatient health services and not including facilities providing offender rehabilitation services); nursing facility; and intermediate care facility/developmentally disabled – continuous nursing.
2. A community care facility, as defined at Health and Safety Code Ssection 1502, including:
residential facility; adult day program; therapeutic day services facility; foster family agency; foster family home; small family home; social rehabilitation facility; community treatment facility; full-service adoption agency; noncustodial adoption agency.
3. A residential care facility, as defined at Health and Safety Code Ssection 1568.01 as a residential care facility for persons with chronic, life-threatening illnesses who are 18 years of age or older, or are emancipated minors, and for family units.
4. A residential care facility for the elderly, as defined at Health and Safety Code Ssection 1569.2(k) as a housing arrangement chosen voluntarily by persons 60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.
5. A pediatric day health and respite care facility, as defined at Health and Safety Code Ssection 1760.2 as a facility which provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology dependent children.
6. An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code Ssection 11834.02, licensed by the Sstate.
Residential Care facility, large, unlicensed. A residential facility, not licensed by the Sstate, in which seven or more individuals with a disability reside who are not living together as a family (as defined) and in which every person residing in the facility is an individual with a disability (except the licensee, members of the licensee’s family, or persons employed as facility staff).
School.
1. School, college and university. A public or private post-secondary institution for higher learning that grants associate or bachelor’s degrees and may also have research facility and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges, public or private colleges and universities, and technical schools.
2. School, public or private Privately owned and operated elementary, middle, secondary, or high school, or other institution providing academic instruction for students from kindergarten through 12th grade in compliance with the California Education Code.Facility for primary or secondary education, including elementary, junior high and high school and private institution having a curriculum comparable to that required in the public schools of the State of California.
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13 2.3. School, technical, trade and vocational. A public or private post-secondary school providing occupational, job training, or recreational activities. Recreational activities include music, dance, or martial arts, or art lessons.
Senior housing. Housing that is available only to households in which the head of the household is 55 years of age or older, and which is not a residential care facility (small or large) as defined elsewhere in this sectionChapter.
Utilities, major. Generating plant; electrical substation; above-ground electrical transmission line; switching building; refuse collection and transfer station; processing, recycling or disposal facility; water reservoir; flood control or drainage facility; water or wastewater treatment plant; transportation or communications facility (other than a communication facility as defined in this Chaptersection); and similar facility of a public agency or public utility.
Utilities, minor. Utility facilities that are necessary to support established uses and involve only minor structures such as electrical distribution lines and underground water and sewer lines, and small recycling collection facilities.
Wireless telecommunications facility. A facility that may include but is not limited to a support structure and attached antennas that sends and/or receives radio frequency signals. This includes antennas and all types of equipment for the transmission or receipt of such signals; telecommunications towers or similar structures built to support such equipment, wall-mounted facilities, microwave transmitting and receiving equipment, equipment cabinets and all other related accessory equipment.
18.190.060 Residential Land Use Classifications
Accessory dwelling unit. An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family primary dwelling unit is situated. An accessory dwelling unit also includes: (1) an efficiency unit, as defined in Health and Safety Code Ssection 17958.1, and (2) a manufactured home, as defined in Health and Safety Code Ssection 18007. (Reference: PHMC § 18.20.095.) See Section 18.15.050 (Accessory Dwelling Units).
Junior aAccessory dwelling unit, junior. A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. See Section
18.15.050 (Accessory Dwelling Units).
Bed and breakfast. An establishment offering lodging (with or without incidental meal and/or beverage service) in a single-family residential building and in conjunction with a single-family residential use, for short-term stays of less than 30 consecutive calendar days.
Boarding and lodging. The renting of a room or rooms within an existing single-family dwelling where:
(1) a bedroom or bedrooms are rented, with a separate rental agreement for each room, not for the entire dwelling; (2) for a minimum of 30 consecutive calendar days; (3) with the common use of kitchen facilities; and (4) those occupying the bedroom or bedrooms do not function as a family as defined in PHMC § 18.140.010 Section 18.195.070 (“F” Definitions).
Care facility, large, licensed. Any one of the following residential or nonresidential care facilities, which serves seven or more residents (or clients):
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City Council Meeting Agenda - Page 1838 of 2120 - Monday, April 21, 2025 Chapter 18.190 Land Use Classifications
14 1. A health facility, as defined at Health and Safety Code section 1250, including general acute care hospital; acute psychiatric hospital; skilled nursing facility; intermediate care facility; intermediate care facility/ developmentally disabled – rehabilitative; special hospital; intermediate care facility/developmentally disabled; intermediate care facility/developmentally disabled – nursing; congregate living health facility; correctional treatment center (including inpatient health services and not including facilities providing offender rehabilitation services); nursing facility; and intermediate care facility/developmentally disabled – continuous nursing.
2. A community care facility, as defined at Health and Safety Code section 1502, including:
residential facility; adult day program; therapeutic day services facility; foster family agency; foster family home; small family home; social rehabilitation facility; community treatment facility; full-service adoption agency; noncustodial adoption agency.
3. A residential care facility, as defined at Health and Safety Code section 1568.01 as a residential care facility for persons with chronic, life-threatening illnesses who are 18 years of age or older, or are emancipated minors, and for family units.
4. A residential care facility for the elderly, as defined at Health and Safety Code section 1569.2(k) as a housing arrangement chosen voluntarily by persons 60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.
5. A pediatric day health and respite care facility, as defined at Health and Safety Code section 1760.2, as a facility which provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology dependent children.
6. An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code section 11834.02, licensed by the state. Care facility, large, unlicensed. A residential facility, not licensed by the state, in which seven or more individuals with a disability reside who are not living together as a family (as defined) and in which every person residing in the facility is an individual with a disability (except the licensee, members of the licensee’s family, or persons employed as facility staff).
Cottage food operations. An enterprise that has not more than $50,000 in gross annual sales; operated by a “cottage food operator” (who operates in his or her private home and owns the operation); and having not more than one full-time equivalent employee, not including a family or household member; that involves preparation of “cottage food products” which are nonhazardous foods such as baked goods without cream or meat fillings; candy; chocolate-covered nonperishable foods; dried fruit; dried pasta; dry baking mixes; fruit pies; granola, cereals and trail mixes; herb blends and dried mole paste; honey; jams, jellies, preserves; nut mixes and nut butters; popcorn; vinegar and mustard; roasted coffee and dried tea; waffle cones and pizelles; other items added by the State Public Health Officer on an approved food products list (Health and Saf. Code § 113758).
Emergency homeless shelter. Temporary housing, including interim intervention facilities (i.e., navigation centers, bridge housing, respite or recuperative care),Housing with minimal supportive services for homeless displaced persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (Health and SafSafety. Code Section§ 50801(e)).
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15 Employee housing. Privately owned housing which houses up to six employees in living quarters and is provided in connection with any work, whether rent is involved. Employee housing is subject to the provisions of the Employee Housing Act. In compliance with the Government Code, employee housing, as defined herein, shall be deemed a single family land use and shall be regulated as such for the purposes of this Title.
Employee housing, agricultural. Housing consisting of no more than 36 beds in a group quarter or 12 units or spaces designed for use by a single family or household, or that is approved in compliance with Government Code Section 17021.8, shall be deemed an agricultural land use for the purposes of this Title.
Family day care home. A facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away and is either a large family day care home or a small family day care home, as defined in Health and Safety Code section 1596.78, including:. A family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a multifamily dwelling in which the underlying zoning district allows for residential uses. A family day care home is where the day care provider resides and includes a dwelling that is rented, leased, or owned.
1. Day care home, small family means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code section 1597.44 and as defined in regulations; and [Source:
18.15.020]
2. Day care home, large family means a facility that provides care, protection, and supervision for seven to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code section 1597.465 and as defined in regulations. [Source: 18.15.020]
8. A small family day care home or large family day care home includes a detached singlefamily dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home or large family day care home is where the day care provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.
Group residential. Shared living quarters, in multi-family zoninge districts, with or without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, dormitories, and private residential clubs, but excludes care facilities.
Home occupation. A home occupation is an ongoing activity in a dwelling which provides goods or services where such activity is incidental to the primary use of the dwelling for residential purposes.
See also “Cottage food operations.” (Reference: PHMC § 18.20.070.) Low barrier navigation center. Housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing.
Mobile or manufactured housing. A structure intended for human habitation manufactured or constructed under authority of 42 U.S.C. Sec 5403, Federal Manufactured Home Construction and Safety Standards, or California law (Health and Safety Code Sections 18007 and 18008). The structure Item 10.1
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16 is manufactured either in whole or in substantial part at an off-site location, transported to and assembled on-site, and placed on a permanent foundation.
Mobile home park. Any area of land or property that has at least two mobile homes, manufactured homes, recreational vehicles, and/or lots that are held out for rent or lease.
Multi-family residential. Two or more dwelling units on a site. • Two-Unit Dwelling (Duplex). A residential building designed to accommodate two separate households/living units. These units are usually side by side, sharing a common wall, or stacked one above the other, with each unit having its own entrance and often its own yard or outdoor space.
• Three-Unit Dwelling (Triplex). A residential building designed to accommodate three separate households/living units, each with its own entrance and often separate facilities.
Triplexes can be arranged in various configurations, such as side-by-side, stacked, or a combination of these layouts.
• Four-Unit Dwelling (Fourplex or Quad). A residential building designed to accommodate four separate households/living units, each with its own entrance and amenities. These units can be arranged in different layouts, including all on one floor, stacked in two or more levels, or in a combination of these configurations.
• Multi-Unit Dwelling (Over Five Units). A residential building or complex containing more than five separate living units. This category includes apartment buildings, condominiums, and larger residential complexes with various layouts and shared amenities such as common areas.
Residential cCare facility, small, licensed. A facility which serves (2) serving six or fewer residents (not including the licensee or members of the licensee’s family or staff), (3) and is licensed by the Sstate. Any combination of two or more residential care facilities that are under the control and management of the same owner, operator, management company, licensee, or any affiliate of them, and are integrated components of one operation, are considered one facility.
Residential cCare facility, small, unlicensed. A residential care facility of six or fewer total residents managed under a single operator and designed for short-term stays by each resident as a transition from drug or alcohol rehabilitation or while on parole. Any combination of two or more residential care facilities that are under the control and management of the same owner, operator, management company, licensee, or any affiliate of them, and are integrated components of one operation, are considered one facility.
Senior housing. Housing that is available only to households in which the head of the household is 55 years of age or older, and which is not a residential care facility (small or large) as defined elsewhere in this Ssection.
Single-room occupancy. A single-room occupancy facility is a residential building that includes multiple single-room occupancy units. “Single-room occupancy unit” means housing consisting of single-room dwelling units that are the primary residence of their occupant or occupants. If the singleroom occupancy housing consists of new construction, conversion of nonresidential space, or reconstruction, the unit must contain either food preparation or sanitary facilities, andfacilities and may contain both. If the single-room occupancy housing consists of acquisition or rehabilitation of an existing residential structure or hotel, neither food preparation nor sanitary facilities are required to be in the Item 10.1
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17 unit, but if the units do not contain sanitary facilities, the building must contain sanitary facilities that are shared by tenants.
Single-family residential. An attached or detached residential building designed to accommodate one household/living unit on a single lot. A single-family residential development may be “attached” to another single-family residential development on an adjacent property as allowed by the Building Code.
Single-family residential. One dwelling unit located on a single lot.Single-family residential with boarder or lodger. See “boarding and lodging.” in this Section.
Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving theirhis or her health status, and maximizing theirhis or her ability to live and, when possible, work in the community. “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. Supportive housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning districte.
Transitional housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning districte. [Source: 18.15.020, modified]
18.190.070 Temporary Land Use Classifications
Temporary uUses that are short-term or temporary in nature that are classified separately for purposes of the land use regulations; provided, that the use does not exceed any time limits specified in the Temporary Use Permit as established in Chapter 18.50 (Use Permit, Temporary). . (Reference: PHMC Chapter 18.100, Temporary Use Permit.) If the event takes place partly or wholly on public property, see PHMC Chapter 6.20, (Special Event Permit) of this Title.
Agricultural sales. The seasonal sales of agricultural or horticultural products, including firewood.
Excludes Christmas tree and pumpkins sales, as defined in this Chapter.Seasonal sales of agricultural or horticultural products, including Christmas trees, pumpkins and firewood.
Animal shows or sales. Exhibitions of domestic or large animals. This classification includes animal sales.
Arts and crafts shows, outdoor. Display and sale of painting, sculpture, hand crafts and similar objects.
Christmas tree sales. The seasonal display and sale of Christmas trees and Christmas wreaths.
Includes preparation of the site, fencing, trailers, tents, necessary storage, equipment, and related accessory services (i.e., netting, baling, flocking).
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18 Civic and community events. Special events open to the public.
Commercial filming, limited. Commercial motion picture or video photography at the same location.
Eating and drinking use. Serving of prepared food or beverages for consumption on or off the premises on a site that is not permanently occupied by, or related to, an existing legally established onsite, eating and drinking establishment.
Farmers’ market. Recurring sales of agricultural, horticultural, and other food products that are seasonal in nature.
Live entertainment event. A non-recurring concert, carnival, circus, fair, or other similar event.
Personal property sales. Sales of personal property by a resident. This classification includes garage sales.
Pumpkin sales. The seasonal display and sale of pumpkins. Includes preparation of the site, fencing, trailers, tents, necessary storage, and equipment.
Real estate sales. An on-site office for the marketing, sales or rental of residential, commercial or industrial development. This classification includes “model homes.” Recreational events. Events featuring sports, exercise, physical play, or competitions.
Religious gGroup assembly events. Religious servicesA non-recurring event intended for the meeting or assembly of a, group, club, or membership organization conducted on a site that is not permanently occupied by a religious assemblyplace of assembly use.
Retail sales, outdoor. Retail sales of merchandise in an open or covered outdoor area on the site of a legally established retail business.
Street fair. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.
Swap meet. Retail sale or exchange of new, hand-crafted, or secondhand merchandise.
Trade fairs. Display and sale of goods or equipment related to a specific trade or industry.
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19 Chapter 18.195
Definitions
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20 Chapter 18.195 Definitions
Sections
18.195.010 “A” Definitions
18.195.020 “B” Definitions
18.195.030 “C” Definitions
18.195.040 “D” Definitions
18.195.050 “E” Definitions
18.195.060 “F” Definitions
18.195.070 “G” Definitions
18.195.080 “H” Definitions
18.195.090 “I” Definitions
18.195.100 “J” Definitions
18.195.110 “K” Definitions
18.195.120 “L” Definitions
18.195.130 “M” Definitions
18.195.140 “N” Definitions
18.195.150 “O” Definitions
18.195.160 “P” Definitions
18.195.170 “Q” Definitions
18.195.180 “R” Definitions
18.195.190 “S” Definitions
18.195.200 “T” Definitions
18.195.210 “U” Definitions
18.195.220 “V” Definitions
18.195.230 “W” Definitions
18.195.240 “X” Definitions
18.195.250 “Y” Definitions
18.195.260 “Z” Definitions
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21 18.195.010 “A” Definitions
Acre, gross. A measure of total land area of any lot including future streets, parks, and other land dedications.
Acre, net. The gross area of a lotsite excluding:
1. Land to be dedicated for required easements for vehicles and rights-of-way, either public or private;
2. Land determined to be hazardous and unbuildable; and/or
3. Land to be dedicated for schools and parks or other facilities dedicated for public use.
Active frontages. Building frontages with occupied spaces that encourage engagement between the building tenants and the public realm. Active frontages allow visual or physical access to the active uses within the building from streets, sidewalks, and paseos.
Affordable housing cost. The maximum cost to rent or purchase a house as defined in Section 50052.5 of the Health and Safety Code (Government’t Code Section§ 65915(d)(1).).
Affordable unit, for rent. Affordable rent (including a reasonable utility allowance) shall not exceed the following:(Health and Saf. Code § 50053.)
1. For extremely low-income households, the product of 30 percent times 30 percent of the area median income adjusted for family size appropriate for the unit;
1.2.For very low-income households, the product of 30 percent% times 50 percent% of the area median income adjusted for family size appropriate for the unit;
2.3.For low-income households whose gross incomes exceed the maximum income for very lowincome households and do not exceed 70 percent of the area median income adjusted for family size, the product of 30 percent% times 760 percent% of the area median income adjusted for family size appropriate for the unit. In addition, for any lower income household that has a gross income that equals or exceeds 70 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household;
3.4.For moderate-income households, affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent times 110 percent of area median income adjusted for family size appropriate for the unit. In addition, for any moderate-income household that has a gross income that exceeds 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household.the product of 30% times 110% of the area median income adjusted for family size appropriate for the unit. (Health and Saf. Code § 50053.) Affordable unit, for sale. Affordable housing cost may not exceed the following:
1. For very low-income households, the product of 30% times 50% of the area median income adjusted for family size appropriate for the unit;
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22 2. For low-income households whose gross incomes exceed the maximum income for very lowincome households and do not exceed 70% of the area median income adjusted for family size, the product of 30% times 70% of the area median income adjusted for family size appropriate for the unit;
3. For moderate-income households, not less than 28% of the gross income of the household, not exceeding the product of 35% times 110% of area median income adjusted for family size appropriate for the unit. (Health and Saf. Code § 50052.5(b).
Affordable units. Living units that are required to be rented at affordable rents or available at affordable housing costs to specified households.
Alteration. Any modification, change, or adjustment made to a building or structure that affects its physical dimensions, design, function, or use.
Animal.
1. Animal, large domestic. An animal other than a rooster, a nondomestic animal or a small domestic animal as defined herein, and which is typically kept in a coop, corral, stable, or pen, including but not limited to equine (e.g., horses, donkeys, and llamas), bovine, porcine, and ratite (e.g., ostrich, emu and rhea) species, other hoofed animals (e.g., goats or sheep) and any variety of fowl other than hens, which are considered small domestic animals for purposes of this sectionas defined in this Section.
2. Animal, nondomestic. A wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.
3. Animal, small domestic. A small animal of the type generally accepted as a pet, including dog, cat, rabbit, songbird, fish, and the like, but not including chicken, rooster, duck, goose, pea fowl, goat, sheep, pig, hog, or the like.
Antenna. Any system of wires, poles, rods, panels, reflecting discs, or similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external and attached to the exterior of a structure or a pole.
Area median income (AMI). The area median income for Contra Costa County as published at Title 25, California Code of Regulations, Ssection 6932.
Attached, building or structure. A building or structure that shares a common wall, is physically connected to another building or structure, or two structures that are less than three feet away from each other as measured from the furthest projection on each structure.
Average percent of slope. The ratio between vertical and horizontal distances expressed in percent; the mathematical expression of which is based upon the formula described below:
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23 Figure 18.__-_
Average Percent of Slope Calculation
18.195.020 “B” Definitions
Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet.
Base density. The maximumlowest number of dwelling units on a particular parcel lot of land which is in conformance complies with the Ggeneral Pplan and all applicable provisions of this Zzoning Ordinance.
Basement. The portion of a building that is completely below grade. If any part of a building story is above grade, it will not be considered a basement. A basement does not count as a story when calculating the "number of stories" for development regulation purposes. However, sub-level floors, including basements, are included in floor area ratio (FAR) calculations. The addition of any access points, as required by the Building Code, does not change the classification of a basement, provided that all other portions of the floor remain below grade.Any building code related access requirements The portion of a building that is completely below grade. If portion of a building story is above grade, it will not be considered a basement. A basement is not considered a Story when calculating “number of stories” for development regulation purposes.
Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street, unsubdivided land, watercourse, or Ccity boundary.
Figure 18.__-_
Blockface
Boarder. A person who rents a room within a living unit from a landlord.
Boardinghouse. A building where sleeping rooms are rented to three or more individuals where meals may or may not be provided. Boardinghouse includes the term rooming house.
Item 10.1
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24 Breezeway. A roofed, open-sided passageway connecting two structures, such as a house and a garage.
Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattel, or property of any kind.
Building height. The vertical distance of a building as measured from the finished grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or from average grade to the highest gable of a pitch or hip roof grade to a base point on the building in compliance with Section
18.45.030 (Height Standards and Exceptions). See definition for “grade.”
18.195.030 “C” Definitions
Caretaker’s quarters. A dwelling unit on the site of a non-residential use, occupied by someone employed to care for a property or facility. Caretaker’s quarters are meant to serve only as a secondary or accessory use to the existing use on the property.
Caretaker’s quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker.
Child care facility. A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age child care centers. (Gov’t Code §§ 65915(i)(4), 65017.5(a)(1).)
Collection buildings. Buildings with a gross floor area of 225 square feet or less used for the deposit and storage of recyclables.
Commercial cannabis use. Commercial cannabis use means and includes the commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, wholesale or retail delivery, wholesale or retail sale of cannabis and cannabis products, or any combination of such activities, whether or not carried out for profit, and any other activity that requires a license, or may require a license in the future, pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code, Division 10, section 26000 et seq. Without limiting the foregoing, the term “commercial cannabis use” also includes a medical marijuana dispensary, a patient collective or patient cooperative operating under the Compassionate Use Act (Health & Safety Code Section § 11362.5) and/or the Medical Marijuana Program Act (Health & Safety Code Section§ 11362.7 et seq.), as each may be amended; a nonprofit licensee under Business and Professions Code section 26070.5; and a cannabis cooperative association under Business and Professions Code section 26220 et seq.
Conditioned/habitable space for accessory structures. Areas of a structure that include living areas or areas including, but not limited to, heating, air conditioning, power, and plumbing. This area does not include areas such as garages, storage areas, patio covers and other landscape structures.
Condominium project. A housing development of two or more units, the interior space of which are individually owned, with the balance of the property owned by the owners of the individual units. See also Civil Code Ssection 1351(f) and. (Government’t Code Section§ 65915(b)(4).
Construction cost index. The Engineering News Record San Francisco Building Cost Index. If the index ceases to exist, the Ccity Mmanager shall submit another cost index which is in his or hertheir judgment is the nearly equivalent to the original index as possible.
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25 Consumer price index. The U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers for the San Francisco, Oakland, San Jose Metropolitan Statistical Area or, if the index is discontinued, a successor index selected by the Ccity Mmanager.
Container or storage unit. A container or storage unit includes, but is not limited to, any of the following if 15 cubic yards or larger: a debris or trash box, a cargo or storage container, a construction or transport trailer (when detached from the truck trailer). A container or storage unit is not permanently attached to the ground.
A container or storage unit does not include an accessory structure as defined in this Cchapter, or a trash container storage unit placed by the disposal company licensed by the Ccity, when that container is used for regular, weekly garbage pick-up.
Cottage food operations. An enterprise that has not more than $50,000 in gross annual sales; operated by a “cottage food operator” (who operates in theirhis or her private home and owns the operation); and having not more than one full-time equivalent employee, not including a family or household member; that involves preparation of “cottage food products” which are nonhazardous foods such as baked goods without cream or meat fillings; candy; chocolate-covered nonperishable foods; dried fruit; dried pasta; dry baking mixes; fruit pies; granola, cereals and trail mixes; herb blends and dried mole paste; honey; jams, jellies, preserves; nut mixes and nut butters; popcorn; vinegar and mustard; roasted coffee and dried tea; waffle cones and pizelles; other items added by the State Public Health Officer on an approved food products list (Health and Safety Code Section 113758). See also “home occupation.”
Coverage, lot or site. The percentage of a site covered by a building, accessory structure, roof, soffit, trellis, and eave or overhang extending more than two and one-half feet from a wall, and by a deck or above ground pool more than 36 inches in height.
Figure 18.__-_
Lot Coverage
Cultural resource. Improvements, buildings, structures, signs, features, sites, landscapes, trees, or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the Ccity, the Diablo Valley, the Northern California region, or the nation which may be eligible for designation or designated and determined to be appropriate for historic preservation by the Item 10.1
City Council Meeting Agenda - Page 1850 of 2120 - Monday, April 21, 2025 Chapter 18.195 Definitions
26 Aarchitectural Rreview Ccommission, or by the Ccity Ccouncil on appeal, in compliance withpursuant to the provisions of this the chapterZoning Ordinance.
18.195.040 “D” Definitions
Daylight plane. An inclined plane, beginning at a stated height above grade at a side or rear property line, and extending into the site at a stated upward angle to the horizontal, which may limit the height or horizontal extent of structures at any specific point on the site where the daylight plane is more restrictive than the height limit or the minimum yard applicable at such point on the site.
Figure 18.__-_
Daylight Plane
(The diagram is illustrative)
Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts (see also “balcony”).
Density bonus. As defined by Government Code Section 65915 et seq.A density increase of at least 20%, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density. (See PHMC § 18.20.150). See 2003 General Plan Glossary. (Gov’t Code §§ 65915(g)(1) and (d)(1), 65917.5(a)(2).)
Density bonus housing agreement. A legally binding. recorded agreement between an owner/ developer and the Ccity as described in PHMC § 18.20.150 to ensure that the requirements of that subsection are satisfiedthis Zoning Ordinance and State law are satisfied. The agreement, among other Item 10.1
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27 things, shall establish the number of target bonus units, their size, location, terms and conditions of affordability, and production schedule. The agreement shall also require management and maintenance of the units. See Section 18.15.090 (Density Bonus). (See PHMC § 18.20.150.) Density bonus units. RThose residential dwelling units granted pursuantallowed to the provisions of this title which exceed the otherwise allowable maximum residential density for the development site in compliance with the Zoning Ordinance and State law.
Detached, building or structure. A building or structure shall be considered detached from any other building or structure; provided, the distance is a minimum of three feet from any wall or projection, measured at the closest point. See definition for the term “attached.” Development agreement. A contract between the City and an applicant for a development project, in compliance with Chapter 18.180 (Development Agreement) and Government Code Section 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.
Development standard. Any site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution or regulation.
Driveway. A paved area on a lot necessary to provide direct access for vehicles between a street and either:
1. An area on a residential lot containing four or fewer parking spaces;
2. An aisle between spaces in a parking lot;
3. A loading berth; or
4. A refuse storage area.
18.195.050 “E” Definitions
Electric vehicle (EV) charger. Off-boardA device that supplies electric power to charging equipment used to charge the battery of an electric vehicle.
Electric vehicle charging space (EV space). A space intended for charging electric vehicles.
Electric vehicle charging station (EVCS). One or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. Where a multiport electric vehicle charger can simultaneously charge more than one vehicle, the number of electric vehicle charging stations shall be considered equivalent to the number of electric vehicles that can be simultaneously charged.
Environmental impact report (EIR). An environmental report used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).
Exterior architectural feature. The architectural element embodying style, design, general arrangement, and components of all the outer surfaces of an improvement including, but not limited to, Item 10.1
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28 the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.
18.195.060 “F” Definitions
Family. One or more persons occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family shall not include a fraternal, religious, social, or business group. A family shall be deemed to include domestic employeesworker.
Fence. A barrier made of wire, wood, metal, masonry, or other material used as a screen or enclosure for a yard, equipment, or open space. It includes a wall, gate, or structure used as a fence. A retaining wall, freestanding (monument) sign, or landscape structure is not considered a fence except for that portion which is used as a fence. See Chapter 18.65 (Fences, Walls, and Screening).
Floor area, gross. The total area of all floors in a building, excluding basements, as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and any open porch, deck, balcony, or terrace.
Floor area, net. The total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and an open porch, deck, balcony or terrace.
It also excludes any corridors, hallways, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than seven feet, and, in industrial areas, storage sheds with less than 150 square feet of space, bunkers, electrical substations, smoking shelters, instrument shelters, and similar enclosures.
Floor area ratio (FAR). The gross floor area of a building or buildings on a lot divided by the lot area or site area.
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29 Figure 18.__-_
Floor Area Ratio
(The diagram is illustrative)
For-sale project. A residential project, or portion thereof, which is intended to be sold to an owneroccupant upon completion.
Frontage, building. The frontage of a building is the maximum horizontal dimension of that side of a building abutting on or generally parallel to the front lot line or, in the case of a corner building, the combined maximum horizontal dimensions of the sides of the building abutting or generally parallel to the front lot line and the corner side line.
Frontage types.
4.1. Frontage, (building). The building facade facing a street or public open space.
5.2. Frontage, (site). The width of the site along a street or public open space.
6.3. Frontage, street. The property line or part of the site facing a street or public open space. The street frontage is the length of the front lot line or, in the case of a corner lot, the front lot line plus the corner side lot line.
Frontage (street). The property line or part of the site facing a street or public open space.
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30 18.195.070 “G” Definitions
General plan. The City of Pleasant Hill General Plan, including all its elements and all amendments, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Zoning Ordinance as the "General Plan."The city of Pleasant Hill general plan, as amended.
Grade.
1. Grade, average. The average level on the surface defined as the shortest distance between finished grade at the highest and lowest sides of a structure.
2. Grade, existing. The level of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this chapter.
3. Grade, finished. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.
4. Grade, street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.
18.195.080 “H” Definitions
Height. The vertical dimension measured from finished grade, unless otherwise specified. See building height as defined in this Chapter.
Historic district. Any area containing a concentration of improvements which have a special character, historical interest or aesthetic value, which possess integrity of location, design, setting, materials, workmanship, feeling and association, or which represent one or more architectural periods or styles typical of the history of the Ccity, and that has been designated an historic district.
Housing development project. Construction projects Residential construction projects as defined in Government Code Section 65589.5(h)(2). consisting of five or more residential units, including singlefamily and multifamily units, for sale or for rent. For the purposes of PHMC Section§ 18.1520.090 (Density Bonus)150, housing development also includes a subdivision, planned unit development, or condominium project consisting of five or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five residential units. (Gov’t Code § 65915(j) and (g)(1).)
18.195.090 “I” Definitions
Illumination, direct. Illumination by means of light that travels directly from its source to the viewer’s eye.
Illumination, indirect. Illumination by means only of light cast upon an opaque surface from a concealed source.
Improved pedestrian connection. An elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of Interstate 680.
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31 Incentive or concession. The benefit offered by the City to facilitate construction of eligible affordable housing costs and units as defined by this Chapter. Examples of incentives/concessions include adjustment of development standards, expedited processing of entitlements, relaxation of otherwise applicable entitlement conditions, and provisions for mixed-use activities. See Section 18.15.090 (Density Bonus).and Government Code Section 65915 et seq.Such regulatory incentives or concessions as listed in PHMC § 18.20.150.B.11. (Gov’t Code § 65915(1).) Inclusionary unit. A dwelling unit reserved for occupancy by a low- or very low-income household (as defined by Health and Safety. Code Sections§§ 50079.5 and 50105) with a new residential development.
18.195.100 “J” Definitions
No terms defined.
18.195.110 “K” Definitions
Kitchen. Any room or part of a room or structure which is designed, built, used, or intended to be used forfor the preparation or cooking of food and must contain, at minimum, one or more of the following features, an oven or stove, a refrigerator, and a sink having a drain outlet of larger than one and onehalf inches in diameter. A kitchen may also include a microwave, dishwasher, garbage disposal, or other appliances for cooking, preparing, or storing food. A kitchen does not but not including include a bars, butler’s pantriesy, or similar rooms adjacent to or connected with a kitchen.
18.195.120 “L” Definitions
Land use. The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered, or enlarged or for which either a site or structure is or may be occupied or maintained.
Landscape. To plant and maintain some combination of trees, ground cover, shrubs, vines, flowers, or lawn. Required landscaping may include natural features such as existing or imported rock and structural features including fountains, pools, art work, screens, walls, fences, or benches. A landscaped area may also include a walkway or concrete plaza if it is an integral part of the elements of landscaping described above. Plants on rooftops, porches, or in boxes attached to buildings are not considered landscaping.
Landscaping, interior. A landscaped area(s) or areas within the shortest circumferential line defininga defined the perimeter or exterior boundary of the parking or loading area as shown in Figure 18.__-_, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).
Landscaping, perimeter. A landscaped area adjoining and outside the shortest circumferential line defining the exterior boundary of a parking or loading area as shown in Figure 18.__-_, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).
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32 Figure 18.__-_
Landscaping: Interior/Exterior
Limited inclusionary uni. An additional dwelling unit constructed on a single-family residential lot, which meets the standards for accessory dwelling units.
Living unit. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with and include a kitchencooking, sleeping area, and bathroom facilities.
Lot. A site or parcel of land.
Lot area. The horizontal area within the property lines excluding public-access corridors, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.
Lot depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
Lot line types.
1. Front lot line. A lot line abutting the street or easement providing access to the lot. A lot line that adjoins the front yard of a lot. The front lot line of a corner lot is the shortest street line. If the street lines are the same length, any of the street-abutting lot linesone may be considered the front lot line, unless one street-abutting lot line results in nonconforming setbacks.
a Flag lots. The front lot line of a flag lot (see "flag lot" under "lot types”) is measured at the point where the "pole" meets the bulk ("flag") of the lot parallel to the rear lot line of the lot adjacent to the pole as shown in Figure 18 (Flag Lot Front Lot Line). b Irregular shaped lots. The front lot line of an irregular shaped lot shall be determined by the Zoning Administrator.
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33 Figure 18.__-_
Flag Lot Front Lot Line
5.2. Interior lot line. A lot line not abutting a street.
6.3. Rear lot line. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line shall be deemed the rear lot line for the purpose of measuring rear yard depth.
7.4. Side lot line. A lot line that is not a front lot line or a rear lot line.
8.5. Street lot line. A lot line, other than the front lot line, abutting a street.
Lot types.
1. Corner lot. A lot bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees on a street or private driveway serving two or more additional properties or dwelling units (not counting accessory dwelling units). The front yard of a corner lot shall adjoin the shortest street property line; provided, that where street property lines are substantially the same length, the Zzoning Aadministrator shall determine the location of the front yard based on existing or proposed access to the principal building on the lot. See Subsection 18.15.040.D (Corner and Double-Frontage Lot Setbacks) for additional development regulations for corner lots.
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34 2. Double-frontage lot. An interior lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line.. See Subsection 18.15.040.D (Corner and Double-Frontage Lot Setbacks) for additional development regulations for doublefrontage lots.
3. Flag lot. A lot with a narrow strip of land, known as the "staff" or "pole," that provides access to the main, larger portion of the lot, which is often referred to as the "flag." The staff portion typically resembles a flagpole and connects the larger, buildable area of the lot to a public street or private road.
4. Interior lot. A lot other than a corner lot.
3.5. Irregular lot. A lot characterized by boundaries that may have varying lengths, non-parallel sides, or unusual angles, resulting in a form that does not conform to the other lot types defined herein. For the purposes of this Title, the lot lines of an irregular lot shall be determined by the Zoning Administrator.
4.6. Key lot. A key lot is an interior lot whose front yard abuts the rear yard of a corner lot.
Lot width. The average horizontal distance between the side lot lines measured at right angles to the lot depth from the required front yard setback and from the required rear yard setback or from the rearmost point of the lot depth in cases where there is no rear lot line. (See lot depth, lot width diagram.) Figure 18.__-_
Lot Depth and Width
(The diagram is illustrative)
Low-income household. A household whose income does not exceed the low-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant toin compliance with Health and Safety Code Ssection 50079.5.
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35 Lower income household. A lower income household as defined in Civil Code Ssections 51.3 and
51.12 (Government’t Code Section§§ 65915(b)(1) and (c)(1), and Health and Safety. Code Section§ 50079.5.).
18.195.130 “M” Definitions
Market rate units. New living units in residential projects which are not affordable units.
Maximum allowable residential density. The maximum number of residential units permitted by the General Plan city’s zoning ordinance on the date the application is deemed complete. See (Government’t Code Section§ 65915(o)(2).
Mixed-use. A type of dDevelopment projects where a variety of uses such as office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated project.
Mobile recycling unit. An automobile, truck, trailer, or van, licensed by the State Department of Motor Vehicles, which is used for the collection of recyclable materials, including the bins, boxes or containers transported by trucks, vans or trailers and used for the collection of recyclable materials.
Moderate-income household. A household with an annual income between the lower income eligibility limit (usually 80% of the area median family income) and 120% of area median income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to section 50079.5 of the California Health and Safety Code. (Gov’t Code § 65915(c)(2), Health and Saf. Code § 50093.)A household whose income does not exceed the moderate-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development in compliance with Section 50079.5 of the California Health and Safety Code (Government Code Section 65915(c)(2), Health and Safety Code Section 50093).
18.195.140 “N” Definitions
Natural feature. Any tree, plant life, water feature, or rock outcropping.
Noncommercial message or speech. Any message that is not commercial speech, which includes but is not limited to, messages concerning political, religious, social, ideological, public services, and informational topics.
Nonconforming sign, legal. A sign, outdoor advertising structure, or display of any character that was lawfully erected or displayed before the adoption of this Zoning Ordinance, or amendment thereto, but that which does not conform with currently applicable requirements prescribed for the zoning district in which the sign it is located.
Nonconforming structure, legal. A structure that was lawfully erected before the adoption of this Zoning Ordinance, or amendment thereto, but which does not conform with the currently applicable requirements provisions and/or development standards for yard spaces, height of structures, or distances between structures prescribed in the regulationsestablished for the zoning district in which the structure is located (e.g., setbacks, structure height, distance between structures).
Nonconforming use, legal. A use of a structure of land that was lawfully established and maintained before the adoption of this Zoning Ordinance, or amendment thereto, but which does not conform with currently applicable use regulations for which the zoning district in which it is located.
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36 Nonrestricted unit. All units within a housing development excluding the target affordable target units, as defined in this Chapter.
18.195.150 “O” Definitions
Off-street loading facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.
Open space types.
1. Private open space. An open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
2. Shared open space. An open area within a residential development reserved for the exclusive use of residents of the development and their guests.
3. Passive Open Space. An open area outside of a building or structure that is more natural in quality and does not provide facilities or access to users (such as walking paths or seating).
Passive open spaces may include, but are not limited to, bioswales, landscaped areas, and natural habitat.
2.4. Active Open Space. An open space area or recreational area that has any type of user facility (e.g., walking path, benches, restrooms, sports fields or courts). See also "park and recreational facility" definition in Section 18.190.050 (Public and Semi-Public Land Use Classifications).
3.5. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this Cchapter, including a front yard, side yard, corner side yard, or rear yard.
Ordinary maintenance and repair. Any work, for which a Bbuilding Ppermit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage. See definition for the term “alteration.”
Outdoor storage. Storage outside of a building of material not intended for immediate sale or exhibition.
Owner. The person(s) or entity(ies) that hold legal or equitable title to a dwelling or lot.
18.195.160 “P” Definitions
Penthouse Rooftop equipment. Any structure located on the roof of a building which encloses mechanical equipment.
Permitted. Allowed without a requirement for approval of a Cconditional Uuse Ppermit or Ttemporary Uuse Ppermit.
Planned development. A development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:
1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
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37 2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance compliance with Civil Code Ssection 1367 or 1367.1et seq. (Government’t Code Section§ 65915(b)(4); Civil Code Section§ 1351(k).)
Porch. A covered platform at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled and is attached to the outside of a building.
Preexisting. In existence prior to the effective date of this chapterZoning Ordinance.
Primary street. A main thoroughfare, including “arterial” through routes and mixed-use, multifunctional streets right -of-way (at least in part along their length), providing access to properties as well as other amenities.
Processing facility. A building or enclosed space used for the collection and processing of recyclable material, and/or used motor oil, by such means as flattening, mechanical sorting, compacting, baling, shredding, grinding, crushing, and cleaning.
1. A light-processing facility occupies less than 45,000 square feet and includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.
2. A heavy-processing facility is any processing facility other than a light-processing facility.
Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this chapter.
Project site. The specific location on which a development, use, structure, or building is proposed.
Published standards. The standards for specific income levels for Contra Costa County, as published under Title 25, California Code of Regulations Ssection 6932.
18.195.170 “Q” Definitions
Qualifying household. A household meeting statutory or regulatory requirements to receive the benefits conferred by a statutory or regulatory program.
Qualifying resident. Senior citizens or other persons eligible to reside in a senior citizen housing development (Civil Code Sections 51.3 and 51.12.).
18.195.180 “R” Definitions
Reasonable accommodation. Providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use, zoning and building regulations, policies, practices and procedures or waiving enforcement, if necessary, to ensure equal access to housing for individuals with disabilities in compliance with Chapter 18.125 (Reasonable Accommodation), and State and Federal fair housing laws.
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38 Recreational Vehicle. In compliance with Health and Safety Section 18010, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all the following criteria:
• It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; • It contains 400 square feet or less of gross area measured at maximum horizontal projections; • It is built on a single chassis; and
• It is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.
Recyclable material. Reusable material including, but not limited to, metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.
Recyclable material does not include refuse or hazardous materials, but may include used motor oil.
Recycling facility. A center for the collection and/or processing of recyclable materials.
Rehabilitation. Restoring a property to make it usable for modern purposes while preserving its important historical, architectural, and cultural features.The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.
Rental projects. A residential project, or portion of itthereof, which is intended to be rented to tenants upon completion.
Resale control. A resale restriction placed on inclusionary units by which the price of such units and income of the purchaser will be restricted in order to assure affordability and occupancy by lower and very low-incomequalifying households and residents.
Residential project. Any planned zoning district, subdivision map, conditional use permit or other discretionary city land use approval entitlement which authorizes five or more living units or residential lots, or living units and residential lots which total five or more in combination. In order to prevent evasion of the provisionsFor the purpose of this Zoning Ordinance, of this chapter,contemporaneous construction of five or more living units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same city land use entitlementapproval, shall also be considered a residential project. Construction shall be considered contemporaneous for all units which do not have completed final inspections for occupancy and which have outstanding, at any one time, any one or more of the following: planned zoning district, subdivision map, conditional use permit or other discretionary city land use approvalsentitlement, or Bbuilding Ppermits, or applications for such an approval or permits.
Residential structure types.
1. Accessory dwelling unit. An attached or detached dwelling unit that is located on a single lot with another, primary dwelling unit and provides complete facilities for independent living for one or more persons. These facilities include permanent provisions for living, sleeping, cooking and sanitation. See Section 18.15.050 (Accessory Dwelling Unit (ADU and JADU)).
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39 1.2.Accessory dwelling unit, junior (JADU). An accessory dwelling unit which is located within the living space of an existing primary single-unit dwelling, as defined in the California Health and Safety Code. See Section 18.15.050 (Accessory Dwelling Unit (ADU and JADU)).
2.3.Dwelling. A building designed exclusively for residential occupancy, including single-family, duplex, and multifamily, but not including a hotel, motel, or boardinghouse.
3.4.Dwelling unit. One or more habitable rooms designed for occupancy by only one or more persons family for living and sleeping purposes and having a kitchen.
4.5. Multi-family dwelling. A building used and designed as a residence forto accommodate two or more separate families households/living units. Each unit has its own living independently of each other with individual entrances, bathrooms, kitchens, and living areas. See “Multifamily Residential” in Section 18.190.060 (Residential Land Use Classifications).
5.6.Single-family dwelling. A building designed exclusively for occupancy by one familyto accommodate one household/living unit on a single lot. See “Single-Family Residential” in Section 18.190.060 (Residential Land Use Classifications).
6. Attached single-family dwelling. A dwelling unit on an individual lot that has at least one common wall with one or more other dwelling units on separate lots.
Reverse vending machine. An automated mechanical device that accepts at least one or more types of empty beverage containers including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine.
1. A single-feed revenue vending machine is designed to accept individual containers one at a time.
2. A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight.
Room, habitable. A room meeting the requirements of the Uniform Building Code and Uniform Housing Code for its intended use (e.g., sleeping, living, cooking, or dining), excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces.
18.195.190 “S” Definitions
Senior citizen housing development. A housing development as defined in California Civil Code Ssection 51.3(b)(4). (Government’t Code Section§ 65915(b)(3).).
Setback line. A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, corner side or rear yard, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, corner side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line.
Shopping center. A unified group of retail businesses and service uses on a single site with common parking facilities. A shopping center may include pads for future buildings.
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40 Short-term stay. The rental of a dwelling or a portion thereof by the owner to another person or group of persons for the lodging or sleeping for a term of less than 30 consecutive calendar days.
Sign. Any identification, description, illustration, or device illuminated or nonilluminated, which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify, or convey information.
Sign types.
1. Animated sign. Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create a special effect or scene.
2. Banner. Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges.
3. Business identification sign. A sign that serves to identify only the name and address of the premises, business, building or portion of building upon which it is located and includes no other advertising such as product lists, phone numbers and hours of operation. Such a sign may include a logo or business symbol.
4. Commercial sign. A sign that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.
5. Directional or informational sign. Any sign erected for the sole purpose of indicating the route to, direction of or location of a given goal, or which provides regulatory or service information of a non-advertising character. Directional and informational signs include but are not limited to: signs that denote the route to any Ccity, community facility, historic place, or hospital; signs directing and regulating traffic; signs directing visitors to tourist-oriented businesses; notices of any utility or transmission company necessary for the direction or safety of the public; and signs, notices or symbols as to the time and place of civic meetings.
6. Directory sign. A pedestrian-oriented sign which identifies or lists the names and locations of tenants at a multi-tenant site.
7. Electronic readerboard. A changeable, moving message sign consisting of a matrix of lamps, light emitting diodes (LEDs), or similar devices which are computer-controlled.
8. Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design, used as a symbol.
9. Flashing sign. An illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a nonconstant illumination.
10. Freestanding sign. A sign which is self-supporting in a fixed location and not attached to a building. It includes a sign connected or attached to a sign structure, fence, pole, wall, tree or other vegetation and which is not an integral part of a building.
11. Grand opening sign. A sign used by newly established businesses to inform the public of their location and services.
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41 12. Incidental sign. A small sign less than one square foot pertaining to goods, products, services or facilities that are available on the premises where the sign occurs and intended primarily for the convenience of the public.
13. Logo. A trademark or company name symbol.
14. Master sign program. A coordinated sign plan which includes details of all signs (not including exempt or temporary signs) which are or will be placed on a site, including master identification, individual business and directory signs.
15. Multiple-story office sign. A wall sign used to identify an office building with three or more above-ground levels.
16. Neon or other gas tube illumination. Illumination affected by a light source consisting of a neon or other gas tube which is bent to form letters, symbols or other shapes.
17. Noncommercial sign. A sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.
18. Off-premises sign. An outdoor advertising sign advertising a business, product or service not offered on the premises where the sign is located.
19. Open house sign. A temporary portable sign providing direction to residential real property during the period it is on public display for purposes of sale or lease.
20. Panel sign. A wall sign with a background panel integrated into the sign. The background panel is typically treated with paint, tile, metal, wood, mosaic, decorative stone or similar materials to complement the sign design.
21. Portable sign. A sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs with wheels, A-frames, Hframes, menu and sandwich board signs, balloons used as signs, and umbrellas used for advertising.
22. Projecting sign. A sign which is either suspended from an overhang, canopy, or awning, or is suspended from a mounting attached directly to the building wall and hangs perpendicular to the building wall (also known as a blade sign or shingle sign).
23. Real estate sign. Any temporary sign pertaining to the sale, exchange, lease or rental of buildings or real property.
24. Roof sign. A sign installed on a roof or projecting above the eave of a building or mounted on an arcade or parapet.
25. Subdivision directional sign. A sign providing direction to a land development project within the county city pursuant to this chapter.
26. Temporary sign. A sign with commercial or noncommercial text which is intended to be displayed for a limited time. Temporary signs shall include banners or light, rigid material which is not affixed in a permanent manner to the ground or to any structure. Awning signs shall not be considered temporary signs.
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42 27. Theater/cinema sign. A sign, such as a marquee, designed for a theater or cinema, with changeable letters, brighter lights, or other attention-getting features.
28. Time/temperature sign. An electronic or mechanical device which shows time and/or temperature but contains no business identification or advertising. The surface area of the time/temperature display shall be included in the total aggregate sign area of the business.
29. Wall sign. A sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the sign is attached or supported by. An overhang, attached framework, or other substantial architectural appurtenance may be considered an extension of the building wall.
30. Window sign. A sign attached to, suspended or placed within five feet behind, placed or painted upon, the window or glass door of a building which is intended for viewing from the exterior of such building.
Site. A lot, or group of contiguous lots not divided by a street, other right-of-way, or City limit, and under single ownership or unified control.
Specific plan. A plan for a defined area that is consistent with the general plan and with the provisions of the California Government Code authorizing specific plans.
Stepback. A step-like recession in the profile of a multistory building. A stepback requires the building to take a step back from the street for every increase in height of the structure. Stepbacks can also be a design technique to reduce the visual impact of tall buildings.
Story. The portion of a building included between the upper surface of a floor and the upper surface of the floor next above. The topmost story is that portion of a building included between the upper surface of the topmost floor and the ceiling of the roof above.
Story, half. A half-story is defined below
• Wwhen the finished floor level directly above a useable or unused underfloor space is six feet or less above finished grade, as defined herein for 50 %percent or less than the total building perimeter.
• If the at-grade story is more than 12 feet above grade as defined herein at any point, such space shall be considered a story. When the finished floor level is directly above a story or half storynot starting at the surrounding finished grade, , any story six feet or less is a half-story.
Structure. Anything constructed or erected that requires a location on the ground, including a building, a deck, or a swimming pool, but not including a fences or a walls used as a fence, if the height does not exceed that are eight feet in height or less and, or access drives or walks.
Structure, accessory. An accessory structure is a structure placed on a site, other than the principal, permanent residential structure. An accessory structure must be located on a site with an existing or proposed primary structure. Temporary containers or storage units regulated by PHMC §
18.20.140Section 18.15.050 (Container or Storage Unit), fences or walls eight feet or less in height, decks attached to the principal permanent residential structure, freestanding decks 18 inches or less in height above ground, in-ground pools, and permanent basketball hoops shall not be considered accessory structures.
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43 Swimming pools and hot tubs. Water-filled enclosures having a depth of 18 inches or more used for swimming or recreation.
18.195.200 “T” Definitions
Target unit. A dwelling unit within a housing development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to, very low-, low-, or moderateincome households, or other qualifying households, or is a unit in such as senior citizen and student housing development.
18.195.210 “U” Definitions
No terms defined.
18.195.220 “V” Definitions
Very low-income household. A household whose income does not exceed the very low-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Ssection 50105 . (Government’t Code Sections§§ 65915(b)(2) and (c)(1).
18.195.230 “W” Definitions
No terms defined.
18.195.240 “X” Definitions
No terms defined.
18.195.250 “Y” Definitions
Yard types.
1. Corner side yard. A side yard on the street side of a corner lot. The depth of the corner side yard is the minimum horizontal distance between the corner side property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.
2. Front yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.
3. Rear yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel to it on the site. On a corner lot, the rear yard extends only to the corner side yard. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.
4. Side yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal Item 10.1
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44 distance between the side property line and a line parallel thereto on the site, except that the corner side yard shall extend to the rear lot line. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.
Figure 18.__-_
Yard Types
18.195.260 “Z” Definitions
No terms defined.
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City Council Meeting Agenda - Page 1869 of 2120 - Monday, April 21, 2025 1 18 – Zoning Code
Part 6 – Definitions and Land Use
Classifications
REVISED PRELIMINARY DRAFT
APRIL 2025MARCH 2025
Table of Contents
CHAPTER 18.190 LAND USE CLASSIFICATIONS ........................................................................ 4
18.190.010 Purpose and Applicability............................................................................................... 4
18.190.020 Accessory Land Use Classifications .............................................................................. 4
18.190.030 Commercial Land Use Classifications............................................................................ 4
18.190.040 Industrial Land Use Classifications .............................................................................. 10
18.190.050 Public and Semi-Public Land Use Classifications........................................................ 10
18.190.060 Residential Land Use Classifications ........................................................................... 13
18.190.070 Temporary Land Use Classifications ........................................................................... 17 CHAPTER 18.195 DEFINITIONS.................................................................................................... 20
18.195.010 “A” Definitions............................................................................................................... 21
18.195.020 “B” Definitions............................................................................................................... 23
18.195.030 “C” Definitions............................................................................................................... 24
18.195.040 “D” Definitions............................................................................................................... 26
18.195.050 “E” Definitions............................................................................................................... 27
18.195.060 “F” Definitions ............................................................................................................... 28
18.195.070 “G” Definitions .............................................................................................................. 30
18.195.080 “H” Definitions............................................................................................................... 30
18.195.090 “I” Definitions ................................................................................................................ 30
18.195.100 “J” Definitions ............................................................................................................... 31
18.195.110 “K” Definitions............................................................................................................... 31 Highlight Key
GREEN = Required changes per State Law, General Plan, and/or Housing Element Consistency
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2 18.195.120 “L” Definitions ............................................................................................................... 31
18.195.130 “M” Definitions .............................................................................................................. 35
18.195.140 “N” Definitions............................................................................................................... 35
18.195.150 “O” Definitions .............................................................................................................. 36
18.195.160 “P” Definitions............................................................................................................... 36
18.195.170 “Q” Definitions .............................................................................................................. 37
18.195.180 “R” Definitions............................................................................................................... 37
18.195.190 “S” Definitions............................................................................................................... 39
18.195.200 “T” Definitions ............................................................................................................... 43
18.195.210 “U” Definitions............................................................................................................... 43
18.195.220 “V” Definitions............................................................................................................... 43
18.195.230 “W” Definitions.............................................................................................................. 43
18.195.240 “X” Definitions............................................................................................................... 43
18.195.250 “Y” Definitions............................................................................................................... 43
18.195.260 “Z” Definitions ............................................................................................................... 44 Item 10.1
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3 Chapter 18.190
Land Use Classifications
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4 Chapter 18.190 Land Use Classifications
Sections
18.190.010 Purpose and Applicability
18.190.020 Accessory Land Use Classifications
18.190.030 Commercial Land Use Classifications
18.190.040 Industrial Land Use Classifications
18.190.050 Public and Semi-Public Land Use Classifications
18.190.060 Residential Land Use Classifications
18.190.070 Temporary Land Use Classifications
18.190.010 Purpose and Applicability
This Chapter provides definitions for the uUse classifications describe land uses and activities having similar characteristicsestablished in Part 2 (Zoning District Regulations and Development Standards).
The use classifications are organized in the following general categories: following use classifications are included: accessory, commercial, industrial, public and semi-public, residential, and temporary. residential, public and semipublic, commercial, industrial, accessory and temporary. If a specific land use or activity is not listed, but is substantially similar in character to the other uses within a classification, it is at the discretion of the Zzoning Aadministrator may to determine which classification shall applythat the use or activity is within a classification. Use classifications not listed are prohibited unless authorized by Zoning Administrator.
18.190.020 Accessory Land Use Classifications
Accessory uses. A uUses incidental to the principal permitted or a conditionally permitted use on a the same site and customarily found on the same site.This classification includes accessory dwelling units and home occupations.
18.190.030 Commercial Land Use Classifications
Adult business. An establishment or concern which, as a regular and substantial course of conduct, offers, sells, or distributes adult-oriented merchandise, or which offers to its patrons materials, products, merchandise, services, entertainment or performances that depict, describe, or relate to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts. (Reference: PHMC Chapter 18.70.)See Chapter 18.50 (Adult Uses).
Ambulance service. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.
Animal sales and services.
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5 1. Animal boarding. Provision of shelter and care for small animals on a commercial basis and large animals on a commercial or noncommercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.
2. Animal clinic. Facility which provides grooming, training or other services to animals, including veterinary services on an outpatient basis with no overnight boarding.
3. Animal day care. An establishment that provides care for two or more small animals on a commercial basis, primarily within an enclosed building, with no overnight boarding.
4. Animal grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of 48 hours.
5. Animal hospital. An establishment where small animals receive medical and surgical treatment, including grooming and boarding of animals for no more than 30 days if incidental to the hospital use and limited to animals receiving medical care.
6. Animals: retail sales. Retail sales and boarding of small animals, provided such activities take place entirely within an enclosed building. This classification includes grooming if incidental to the retail use.
7. Riding academy. An establishment offering facilities for instruction in horseback riding, including rings, stables, and exercise areas.
Artists’ studios. Work spaceWorkspace for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.
Automobile maintenance, limited. An establishment engaged in the limited maintenance of automobiles, including, but not limited to, the replacement and refurbishment of motor vehicle fluids (excluding fuel), chassis lubrication, minor tune-ups, smog inspection, and window tint installation, or other similar maintenance of automobiles and light vehicles, excluding washing of the vehicle, waxing, and other cleaning or surface treatment of the vehicle, and those services described under the “automobile, vehicle and equipment repair” use classification.
Automobile service station. An establishment engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories. This classification includes incidental sales of retail products. This also includes maintenance and repair of automobiles when performed in conjunction with the sale of gas or diesel fuel and vehicle washing but excludes body and fender work or repair of heavy trucks or vehicles.
Automobile, vehicle/equipment broker. An office use providing assistance to third parties seeking to buy or sell vehicles or equipment. This classification does not include on-site storage, display or maintenance of vehicles.
Automobile, vehicle/ and equipment repair. Repair of automobiles, trucks, motorcycles, motor homes or recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shop, body and fender shop, wheel and brake shop, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping.
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6 • With body and fender work. Automobile, vehicle/equipment repair establishments that includes repair of body and fender work.
Automobile, vehicle/equipment sales and rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including storage, incidental repair and maintenance, and other activities accessory to the primary automobile vehicle/equipment sales and rentals, including but not limited to wholesale vehicle sales, unless such accessory uses are expressly limited or prohibited by the terms of the approval issued for the use.
Automobile, vehicle/equipment wholesaler. Wholesaler of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including on-site storage and incidental maintenance.
Automobile washing and exterior protection. Washing, waxing, or cleaning of automobiles or similar light vehicles and the installation of exterior body wraps, coating and protective film, excluding exterior paint.
Banks and savings and loans. A financial institution that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of money, including businesses offering check-cashing facilities. • With drive-up service. Institutions providing services accessible to persons who remain in their automobiles.
Building materials and services. Retailing, wholesaling, or rental of building supplies or equipment.
This classification includes a lumber yard, tool and equipment sales or rental establishment, and building contractors’ yard, but excludes an establishment devoted exclusively to retail sales of paint and hardware and activities classified under vehicle/equipment sales and services, including vehicle towing services.
Cannabis retailer. means a A facility or premises located in the city where cannabis or cannabis products, in any amount or form, either individually or in combination, are offered or provided for retail sale or other sales or transfer to consumers. A cannabis retailer includes an establishment that delivers cannabis as part of a retail sale. The term “cannabis retailer” includes the following subtypes:
1. Cannabis retailer, medical. A cannabis retailer selling medicinal cannabis and medicinal cannabis products to qualified patients with valid physicians’ recommendations, persons with an identification card, and primary caregivers, as each is defined in Health and Safety Code Ssection 11362.7, as amended. A medical cannabis retailer includes a medical marijuana dispensary.
2. Cannabis retailer, adult-use. A cannabis retailer selling adult-use cannabis and cannabis products for adults 21 years of age and over.
Cardroom. A gaming club as defined in Business and Professions Code Ssection 19802.
Catering services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also “Eating and drinking establishment”.) Commercial filming. Commercial motion picture or video photography at the same location for more than six days per quarter of a calendar year.
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7 Commercial parking facility. Lot offering parking to the public for a fee.
Commercial recreation and entertainment. Provision of participant or spectator recreation or entertainment. This classification includes a bingo parlor, bowling alley, billiard parlor, poolroom, ice/roller skating rink, scale-model course, tennis/racquetball court, croquet court, swim club, pinball arcade or electronic games center, and similar uses.
1. Regulated games. Cardrooms.
Communications facility. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, butmechanisms but excluding major utilities. This classification includes radio, television, or recording studios; telephone switching centers; and data centers.
Eating and drinking establishments. Business serving prepared food or beverages for consumption on or off the premises. Typical uses include, but are not limited to, restaurants, fast food establishments, bars, coffee houses, ice cream/yogurt establishments, and juice bars. (See also Live entertainment.)
1. With drive-through service. Service from a building to persons in vehicles through an outdoor service window.
2. With live entertainment/dancing inside building. See “Live entertainment.”
3. With outdoor seating. Seating Eating and drinking establishments with seating for patrons outside the buildingfor more than 12 persons outdoors.
Equipment and appliance maintenance and repair services. An establishment providing repair services for personal items and small equipment, such as electronics, appliances, and office machines repair. This classification excludes maintenance and repair of vehicles. (See “Automobile, vehicle and equipment repair”)
Firearm sales. The sale, transfer, lease, or offer for sale or lease of a firearm. For purposes of this chapter, firearm sales shall include sale of ammunition, and the terms “firearm” and “ammunition” shall have the same meanings as set forth in PHMC §Section 9.35.020 of the Municipal Code. See also “Retail sales.”
Fitness studiofacility. An establishment providing multiple types of exercise and physical conditioning services.
Food and beverage sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include a supermarket, grocery, convenience store, liquor store, or delicatessen. Establishments at which 20 percent% or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as “catering services” or “eating and drinking establishments”.
Funeral and interment services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human dead. Typical uses include a crematory, columbarium, mausoleum, or mortuary.
Horticulture, limited. The raising of vegetables, flowers, ornamental trees, and shrubs as a commercial enterprise. “Horticulture” does not include the planting, growing, harvesting, drying, curing, Item 10.1
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8 grading, or trimming of marijuanacannabis, as defined in California Health and Safety Code Ssection 11018.
Hotel. An establishment offering transient lodging on a less than weekly basis where immediate access to rooms is from a fully enclosed area not directly accessible from parking areas on the lot and providing additional services, such as conference and meeting rooms, restaurant, bar, or recreation facilities.
Laboratory. An establishment providing medical or dental laboratory services (including specimen collection facilities) or an establishment with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as limited “industry, limited.” Live entertainment. Live performance for the purpose of amusing a guest or patron, on a regular scheduled basis, regardless of whether the performers are compensated.
1. Type A. Does not include sound amplification and does not occur between 10:00 p.m. and 9:00 a.m.
2. Type B. Includes sound amplification or occurs between the hours of 10:00 p.m. and 9:00 a.m.
3. Type C. Nightclub or any other commercial establishment with dancing or musical entertainment as the primary use, with food and drink service as the ancillary use.
Maintenance and repair services. An establishment providing off-site repair services for personal items and small equipment, such as appliances and office machines repair, or building maintenance services. This classification excludes maintenance and repair of vehicles; see “Automobile, vehicle and equipment repair.”
Maintenance services establishment. An office establishment providing maintenance and repair services for residential and commercial properties, including businesses such as tree maintenance, pool maintenance, pest extermination services and similar uses. This classification excludes maintenance and repair of vehicles. (See “Automobile, vehicle and equipment repair”) Medical marijuana dispensary. As used herein the term “medical marijuana dispensary” or “dispensary” means any facility or location where medical marijuana is made available to and/or distributed by or to two or more persons in the following categories: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code section 11362.5 et seq. A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code section 11362.5 et seq. and the Pleasant Hill Municipal Code, including but not limited to this Title.
Motel. An establishment offering transient lodging on a less than weekly basis primarily for automobile travelers where a majority of the sleeping units have access directly from parking areas. This classification includes a motor lodge and tourist court.
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9 Nursery. An establishment primarily engaged in the retail sale of plants grown elsewhere. Merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and compost, mulch, soil additives, and fertilizer of any type are stored and sold in package form only.
Offices, gGeneral. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment, law office, or bail bonds. This classification excludes banks and savings and loan associations.
Offices, mMedical. Offices for a physician, dentist, medical practitioner, psychiatrist, psychologist, acupuncturist, optometrist, chiropractor, or other State of California Medical Board licensed physician or surgeon, including (1) medical/dental laboratories incidental to the medical office use and (2) nonmedical counseling uses.
Pawn shops. An establishment engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.
Personal improvement service. Provision of instructional, educational, or training services or facilities, including photography, fine arts, crafts, dance or music studio, singular specialized workout studios (but not including gyms and fitness studiosfitness facilities), driving school, business and trade school, diet center, reducing salon, and similar uses.
Personal services. Provision of recurring services of a personal nature. This classification includes a barber or beauty shop, massage, acupressure, tattoo, tanning, seamstress, tailor, shoe repair, dry cleaning agency (excluding dry cleaning plants), photocopying, Internet access facilities (without food or drink service), self-service laundry, and similar uses.
Pharmacy. An establishment where prescription drugs and medicines are sold and dispensed.
Research and development services. An establishment primarily engaged in industrial or scientific research, including limited product testing. This classification includes an electronics research firms or and pharmaceutical research laboratoriesy, but excludes manufacturing, except of prototypes, or medical testing and analysis.
Retail sales. An establishment engaged in retail sales of goods, including , but not limited to, the retail sale of merchandise not specifically listed under another use classification established in this Chapter.
This classification includes, but is not limited to, a department store, clothing store, secondhand store, furniture store, and business retailing the following goods as examplessuch as: toys, hobby materials, groceries, hand-crafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, baseball cards, coins and other collectibles (e.g., cards, or comics), comics, paint and wallpaper, carpeting and floor covering, medical supplies, office supplies, bicycles, and new automotive parts and accessories (including installation, but excluding service activities).
Theater. An establishment providing facilities for motion pictures or dramatic or musical performances and concerts.
Travel services. An establishment providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies.
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10 18.190.040 Industrial Land Use Classifications
Fuel storage and distribution. Establishment engaged in storage and bulk distribution of petroleumbased fuels, including gasoline and diesel fuel and natural gas. This classification excludes automobile service stations.
Industry, custom. Establishment primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment.
1. Small-scale. Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on site. Typical uses include custom bookbinding, ceramic studios, candle-making shops, and custom jewelry manufacture.
2. Artisan/custom product. An establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery, and other ceramics, as well as small glass and metal art and craft products, where any retail sales are incidental to the manufacturing activity.
Industry, limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes bakeries, breweries, dry cleaning plants, printing, and businesses engaged in processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services. • Small-scale. Limited to a maximum gross floor area of 5,000 square feet.
Research and development industry. An eEstablishment primarily engaged in the research, development, and controlled production of high-technology electronic, industrial, or scientific products or commodities for sale. This classification also includes uses such as a biotechnology firm, manufacturer of nontoxic computer components, and uses involving personal fitness science and technology.
Vehicle storage facilityies. Facilities for transportation vehicles (taxi, limousine, bus) including storage yards with related office, dispatch, and maintenance facilities. This includes storage of parking towaways, impound yard, and storage lot for automobiles, trucks, buses, and recreational vehicles.
Warehousing and storage, limited. Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification excludes wholesale distribution and storage, and vehicle storage.
Wholesale distribution and storage. Establishment engaged in bulk sales of goods primarily to other vendors, with distribution and storage facilities without direct public access.
18.190.050 Public and Semi-Public Land Use Classifications Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of the cemetery.
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11 Clubs and lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs, and youth centers.
Community center. A publicly owned facility used for meeting, recreational, or social events.
Cultural institution. Public or nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries.
Day care, general. Provision of nonmedical care for more than 14 persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day care centers for children. A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age child care centers. (Government Code Sections §§ 65915(i)(4), 65017.5(a)(1)).
Emergency medical care facility. A healthcare establishment that provides immediate medical treatment and care to individuals suffering from urgent, acute illnesses or injuries that require prompt attention. These facilities operate on a 24-hour basis, offering services such as emergency diagnosis, stabilization, and, when necessary, immediate interventions to prevent the deterioration of health. An emergency medical care facility may include, but is not limited to, emergency rooms, urgent care centers, trauma centers, and other specialized emergency care units. These facilities are staffed by licensed healthcare professionals, including physicians, nurses, and other medical personnel trained in emergency medicine.
Government office. Administrative, clerical, or public contact office of a government agency, including a postal facility, together with incidental storage and maintenance of vehicles.
Government mMaintenance and service facility. A Government fFacility providing maintenance and repair services for vehicles and equipment and areas for storage of equipment and supplies. This classification includes corporation yards, equipment service centers, and similar facilities.
Park and recreational facility. Noncommercial park, playground, recreation facility, open space, commercial tennis/swimming club, golf course, driving range or swim club, or similar facility.
Public safety facility. A facility that provides public safety and emergency services, including, but not limited to, police and fire protection, whether provided by a public entity or by a private entity under contract to a public entity.
• Public safety facility, Ooffender rehabilitation services. Establishments primarily engaged in providing post-conviction and/or post-incarceration follow-up services to individuals and/or groups, including, but not limited to: social services, counseling, monitoring, compliance verification, testing, referrals, and/or other similar follow-up services.
Religious Place of assembly. A facility for religious worship and incidental religious education, but not including a private schoolintended for public or private assembly and meetings, including but not limited to civic auditoriums and theatres, banquet halls, community and civic centers, conference and convention facilities, meeting halls for clubs and other membership organizations, and places of worship.
Residential Care facility, large, licensed. Any one of the following residential or nonresidential care facilities, which serves seven or more residents (or clients):
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12 1. A health facility, as defined at Health and Safety Code Ssection 1250, including general acute care hospital; acute psychiatric hospital; skilled nursing facility; intermediate care facility; intermediate care facility/ developmentally disabled – rehabilitative; special hospital; intermediate care facility/developmentally disabled; intermediate care facility/developmentally disabled – nursing; congregate living health facility; correctional treatment center (including inpatient health services and not including facilities providing offender rehabilitation services); nursing facility; and intermediate care facility/developmentally disabled – continuous nursing.
2. A community care facility, as defined at Health and Safety Code Ssection 1502, including:
residential facility; adult day program; therapeutic day services facility; foster family agency; foster family home; small family home; social rehabilitation facility; community treatment facility; full-service adoption agency; noncustodial adoption agency.
3. A residential care facility, as defined at Health and Safety Code Ssection 1568.01 as a residential care facility for persons with chronic, life-threatening illnesses who are 18 years of age or older, or are emancipated minors, and for family units.
4. A residential care facility for the elderly, as defined at Health and Safety Code Ssection 1569.2(k) as a housing arrangement chosen voluntarily by persons 60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.
5. A pediatric day health and respite care facility, as defined at Health and Safety Code Ssection 1760.2 as a facility which provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology dependent children.
6. An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code Ssection 11834.02, licensed by the Sstate.
Residential Care facility, large, unlicensed. A residential facility, not licensed by the Sstate, in which seven or more individuals with a disability reside who are not living together as a family (as defined) and in which every person residing in the facility is an individual with a disability (except the licensee, members of the licensee’s family, or persons employed as facility staff).
School.
1. School, college and university. A public or private post-secondary institution for higher learning that grants associate or bachelor’s degrees and may also have research facility and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges, public or private colleges and universities, and technical schools.
2. School, public or private Privately owned and operated elementary, middle, secondary, or high school, or other institution providing academic instruction for students from kindergarten through 12th grade in compliance with the California Education Code.Facility for primary or secondary education, including elementary, junior high and high school and private institution having a curriculum comparable to that required in the public schools of the State of California.
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13 2.3. School, technical, trade and vocational. A public or private post-secondary school providing occupational, job training, or recreational activities. Recreational activities include music, dance, or martial arts, or art lessons.
Senior housing. Housing that is available only to households in which the head of the household is 55 years of age or older, and which is not a residential care facility (small or large) as defined elsewhere in this sectionChapter.
Utilities, major. Generating plant; electrical substation; above-ground electrical transmission line; switching building; refuse collection and transfer station; processing, recycling or disposal facility; water reservoir; flood control or drainage facility; water or wastewater treatment plant; transportation or communications facility (other than a communication facility as defined in this Chaptersection); and similar facility of a public agency or public utility.
Utilities, minor. Utility facilities that are necessary to support established uses and involve only minor structures such as electrical distribution lines and underground water and sewer lines, and small recycling collection facilities.
Wireless telecommunications facility. A facility that may include but is not limited to a support structure and attached antennas that sends and/or receives radio frequency signals. This includes antennas and all types of equipment for the transmission or receipt of such signals; telecommunications towers or similar structures built to support such equipment, wall-mounted facilities, microwave transmitting and receiving equipment, equipment cabinets and all other related accessory equipment.
18.190.060 Residential Land Use Classifications
Accessory dwelling unit. An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family primary dwelling unit is situated. An accessory dwelling unit also includes: (1) an efficiency unit, as defined in Health and Safety Code Ssection 17958.1, and (2) a manufactured home, as defined in Health and Safety Code Ssection 18007. (Reference: PHMC § 18.20.095.) See Section 18.15.050 (Accessory Dwelling Units).
Junior aAccessory dwelling unit, junior. A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. See Section
18.15.050 (Accessory Dwelling Units).
Bed and breakfast. An establishment offering lodging (with or without incidental meal and/or beverage service) in a single-family residential building and in conjunction with a single-family residential use, for short-term stays of less than 30 consecutive calendar days.
Boarding and lodging. The renting of a room or rooms within an existing single-family dwelling where:
(1) a bedroom or bedrooms are rented, with a separate rental agreement for each room, not for the entire dwelling; (2) for a minimum of 30 consecutive calendar days; (3) with the common use of kitchen facilities; and (4) those occupying the bedroom or bedrooms do not function as a family as defined in PHMC § 18.140.010 Section 18.195.070 (“F” Definitions).
Care facility, large, licensed. Any one of the following residential or nonresidential care facilities, which serves seven or more residents (or clients):
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14 1. A health facility, as defined at Health and Safety Code section 1250, including general acute care hospital; acute psychiatric hospital; skilled nursing facility; intermediate care facility; intermediate care facility/ developmentally disabled – rehabilitative; special hospital; intermediate care facility/developmentally disabled; intermediate care facility/developmentally disabled – nursing; congregate living health facility; correctional treatment center (including inpatient health services and not including facilities providing offender rehabilitation services); nursing facility; and intermediate care facility/developmentally disabled – continuous nursing.
2. A community care facility, as defined at Health and Safety Code section 1502, including:
residential facility; adult day program; therapeutic day services facility; foster family agency; foster family home; small family home; social rehabilitation facility; community treatment facility; full-service adoption agency; noncustodial adoption agency.
3. A residential care facility, as defined at Health and Safety Code section 1568.01 as a residential care facility for persons with chronic, life-threatening illnesses who are 18 years of age or older, or are emancipated minors, and for family units.
4. A residential care facility for the elderly, as defined at Health and Safety Code section 1569.2(k) as a housing arrangement chosen voluntarily by persons 60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.
5. A pediatric day health and respite care facility, as defined at Health and Safety Code section 1760.2, as a facility which provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology dependent children.
6. An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code section 11834.02, licensed by the state. Care facility, large, unlicensed. A residential facility, not licensed by the state, in which seven or more individuals with a disability reside who are not living together as a family (as defined) and in which every person residing in the facility is an individual with a disability (except the licensee, members of the licensee’s family, or persons employed as facility staff).
Cottage food operations. An enterprise that has not more than $50,000 in gross annual sales; operated by a “cottage food operator” (who operates in his or her private home and owns the operation); and having not more than one full-time equivalent employee, not including a family or household member; that involves preparation of “cottage food products” which are nonhazardous foods such as baked goods without cream or meat fillings; candy; chocolate-covered nonperishable foods; dried fruit; dried pasta; dry baking mixes; fruit pies; granola, cereals and trail mixes; herb blends and dried mole paste; honey; jams, jellies, preserves; nut mixes and nut butters; popcorn; vinegar and mustard; roasted coffee and dried tea; waffle cones and pizelles; other items added by the State Public Health Officer on an approved food products list (Health and Saf. Code § 113758).
Emergency homeless shelter. Temporary housing, including interim intervention facilities (i.e., navigation centers, bridge housing, respite or recuperative care),Housing with minimal supportive services for homeless displaced persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (Health and SafSafety. Code Section§ 50801(e)).
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15 Employee housing. Privately owned housing which houses up to six employees in living quarters and is provided in connection with any work, whether rent is involved. Employee housing is subject to the provisions of the Employee Housing Act. In compliance with the Government Code, employee housing, as defined herein, shall be deemed a single family land use and shall be regulated as such for the purposes of this Title.
Employee housing, agricultural. Housing consisting of no more than 36 beds in a group quarter or 12 units or spaces designed for use by a single family or household, or that is approved in compliance with Government Code Section 17021.8, shall be deemed an agricultural land use for the purposes of this Title.
Family day care home. A facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away and is either a large family day care home or a small family day care home, as defined in Health and Safety Code section 1596.78, including:. A family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a multifamily dwelling in which the underlying zoning district allows for residential uses. A family day care home is where the day care provider resides and includes a dwelling that is rented, leased, or owned.
1. Day care home, small family means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code section 1597.44 and as defined in regulations; and [Source:
18.15.020]
2. Day care home, large family means a facility that provides care, protection, and supervision for seven to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code section 1597.465 and as defined in regulations. [Source: 18.15.020]
8. A small family day care home or large family day care home includes a detached singlefamily dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home or large family day care home is where the day care provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.
Group residential. Shared living quarters, in multi-family zoninge districts, with or without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, dormitories, and private residential clubs, but excludes care facilities.
Home occupation. A home occupation is an ongoing activity in a dwelling which provides goods or services where such activity is incidental to the primary use of the dwelling for residential purposes.
See also “Cottage food operations.” (Reference: PHMC § 18.20.070.) Low barrier navigation center. Housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing.
Mobile or manufactured housing. A structure intended for human habitation manufactured or constructed under authority of 42 U.S.C. Sec 5403, Federal Manufactured Home Construction and Safety Standards, or California law (Health and Safety Code Sections 18007 and 18008). The structure Item 10.1
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16 is manufactured either in whole or in substantial part at an off-site location, transported to and assembled on-site, and placed on a permanent foundation.
Mobile home park. Any area of land or property that has at least two mobile homes, manufactured homes, recreational vehicles, and/or lots that are held out for rent or lease.
Multi-family residential. Two or more dwelling units on a site. • Two-Unit Dwelling (Duplex). A residential building designed to accommodate two separate households/living units. These units are usually side by side, sharing a common wall, or stacked one above the other, with each unit having its own entrance and often its own yard or outdoor space.
• Three-Unit Dwelling (Triplex). A residential building designed to accommodate three separate households/living units, each with its own entrance and often separate facilities.
Triplexes can be arranged in various configurations, such as side-by-side, stacked, or a combination of these layouts.
• Four-Unit Dwelling (Fourplex or Quad). A residential building designed to accommodate four separate households/living units, each with its own entrance and amenities. These units can be arranged in different layouts, including all on one floor, stacked in two or more levels, or in a combination of these configurations.
• Multi-Unit Dwelling (Over Five Units). A residential building or complex containing more than five separate living units. This category includes apartment buildings, condominiums, and larger residential complexes with various layouts and shared amenities such as common areas.
Residential cCare facility, small, licensed. A facility which serves (2) serving six or fewer residents (not including the licensee or members of the licensee’s family or staff), (3) and is licensed by the Sstate. Any combination of two or more residential care facilities that are under the control and management of the same owner, operator, management company, licensee, or any affiliate of them, and are integrated components of one operation, are considered one facility.
Residential cCare facility, small, unlicensed. A residential care facility of six or fewer total residents managed under a single operator and designed for short-term stays by each resident as a transition from drug or alcohol rehabilitation or while on parole. Any combination of two or more residential care facilities that are under the control and management of the same owner, operator, management company, licensee, or any affiliate of them, and are integrated components of one operation, are considered one facility.
Senior housing. Housing that is available only to households in which the head of the household is 55 years of age or older, and which is not a residential care facility (small or large) as defined elsewhere in this Ssection.
Single-room occupancy. A single-room occupancy facility is a residential building that includes multiple single-room occupancy units. “Single-room occupancy unit” means housing consisting of single-room dwelling units that are the primary residence of their occupant or occupants. If the singleroom occupancy housing consists of new construction, conversion of nonresidential space, or reconstruction, the unit must contain either food preparation or sanitary facilities, andfacilities and may contain both. If the single-room occupancy housing consists of acquisition or rehabilitation of an existing residential structure or hotel, neither food preparation nor sanitary facilities are required to be in the Item 10.1
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17 unit, but if the units do not contain sanitary facilities, the building must contain sanitary facilities that are shared by tenants.
Single-family residential. An attached or detached residential building designed to accommodate one household/living unit on a single lot. A single-family residential development may be “attached” to another single-family residential development on an adjacent property as allowed by the Building Code.
Single-family residential. One dwelling unit located on a single lot.Single-family residential with boarder or lodger. See “boarding and lodging.” in this Section.
Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving theirhis or her health status, and maximizing theirhis or her ability to live and, when possible, work in the community. “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. Supportive housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning districte.
Transitional housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning districte. [Source: 18.15.020, modified]
18.190.070 Temporary Land Use Classifications
Temporary uUses that are short-term or temporary in nature that are classified separately for purposes of the land use regulations; provided, that the use does not exceed any time limits specified in the Temporary Use Permit as established in Chapter 18.50 (Use Permit, Temporary). . (Reference: PHMC Chapter 18.100, Temporary Use Permit.) If the event takes place partly or wholly on public property, see PHMC Chapter 6.20, (Special Event Permit) of this Title.
Agricultural sales. The seasonal sales of agricultural or horticultural products, including firewood.
Excludes Christmas tree and pumpkins sales, as defined in this Chapter.Seasonal sales of agricultural or horticultural products, including Christmas trees, pumpkins and firewood.
Animal shows or sales. Exhibitions of domestic or large animals. This classification includes animal sales.
Arts and crafts shows, outdoor. Display and sale of painting, sculpture, hand crafts and similar objects.
Christmas tree sales. The seasonal display and sale of Christmas trees and Christmas wreaths.
Includes preparation of the site, fencing, trailers, tents, necessary storage, equipment, and related accessory services (i.e., netting, baling, flocking).
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18 Civic and community events. Special events open to the public.
Commercial filming, limited. Commercial motion picture or video photography at the same location.
Eating and drinking use. Serving of prepared food or beverages for consumption on or off the premises on a site that is not permanently occupied by, or related to, an existing legally established onsite, eating and drinking establishment.
Farmers’ market. Recurring sales of agricultural, horticultural, and other food products that are seasonal in nature.
Live entertainment event. A non-recurring concert, carnival, circus, fair, or other similar event.
Personal property sales. Sales of personal property by a resident. This classification includes garage sales.
Pumpkin sales. The seasonal display and sale of pumpkins. Includes preparation of the site, fencing, trailers, tents, necessary storage, and equipment.
Real estate sales. An on-site office for the marketing, sales or rental of residential, commercial or industrial development. This classification includes “model homes.” Recreational events. Events featuring sports, exercise, physical play, or competitions.
Religious gGroup assembly events. Religious servicesA non-recurring event intended for the meeting or assembly of a, group, club, or membership organization conducted on a site that is not permanently occupied by a religious assemblyplace of assembly use.
Retail sales, outdoor. Retail sales of merchandise in an open or covered outdoor area on the site of a legally established retail business.
Street fair. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.
Swap meet. Retail sale or exchange of new, hand-crafted, or secondhand merchandise.
Trade fairs. Display and sale of goods or equipment related to a specific trade or industry.
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19 Chapter 18.195
Definitions
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20 Chapter 18.195 Definitions
Sections
18.195.010 “A” Definitions
18.195.020 “B” Definitions
18.195.030 “C” Definitions
18.195.040 “D” Definitions
18.195.050 “E” Definitions
18.195.060 “F” Definitions
18.195.070 “G” Definitions
18.195.080 “H” Definitions
18.195.090 “I” Definitions
18.195.100 “J” Definitions
18.195.110 “K” Definitions
18.195.120 “L” Definitions
18.195.130 “M” Definitions
18.195.140 “N” Definitions
18.195.150 “O” Definitions
18.195.160 “P” Definitions
18.195.170 “Q” Definitions
18.195.180 “R” Definitions
18.195.190 “S” Definitions
18.195.200 “T” Definitions
18.195.210 “U” Definitions
18.195.220 “V” Definitions
18.195.230 “W” Definitions
18.195.240 “X” Definitions
18.195.250 “Y” Definitions
18.195.260 “Z” Definitions
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21 18.195.010 “A” Definitions
Acre, gross. A measure of total land area of any lot including future streets, parks, and other land dedications.
Acre, net. The gross area of a lotsite excluding:
1. Land to be dedicated for required easements for vehicles and rights-of-way, either public or private;
2. Land determined to be hazardous and unbuildable; and/or
3. Land to be dedicated for schools and parks or other facilities dedicated for public use.
Active frontages. Building frontages with occupied spaces that encourage engagement between the building tenants and the public realm. Active frontages allow visual or physical access to the active uses within the building from streets, sidewalks, and paseos.
Affordable housing cost. The maximum cost to rent or purchase a house as defined in Section 50052.5 of the Health and Safety Code (Government’t Code Section§ 65915(d)(1).).
Affordable unit, for rent. Affordable rent (including a reasonable utility allowance) shall not exceed the following:(Health and Saf. Code § 50053.)
1. For extremely low-income households, the product of 30 percent times 30 percent of the area median income adjusted for family size appropriate for the unit;
1.2.For very low-income households, the product of 30 percent% times 50 percent% of the area median income adjusted for family size appropriate for the unit;
2.3.For low-income households whose gross incomes exceed the maximum income for very lowincome households and do not exceed 70 percent of the area median income adjusted for family size, the product of 30 percent% times 760 percent% of the area median income adjusted for family size appropriate for the unit. In addition, for any lower income household that has a gross income that equals or exceeds 70 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household;
3.4.For moderate-income households, affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent times 110 percent of area median income adjusted for family size appropriate for the unit. In addition, for any moderate-income household that has a gross income that exceeds 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household.the product of 30% times 110% of the area median income adjusted for family size appropriate for the unit. (Health and Saf. Code § 50053.) Affordable unit, for sale. Affordable housing cost may not exceed the following:
1. For very low-income households, the product of 30% times 50% of the area median income adjusted for family size appropriate for the unit;
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22 2. For low-income households whose gross incomes exceed the maximum income for very lowincome households and do not exceed 70% of the area median income adjusted for family size, the product of 30% times 70% of the area median income adjusted for family size appropriate for the unit;
3. For moderate-income households, not less than 28% of the gross income of the household, not exceeding the product of 35% times 110% of area median income adjusted for family size appropriate for the unit. (Health and Saf. Code § 50052.5(b).
Affordable units. Living units that are required to be rented at affordable rents or available at affordable housing costs to specified households.
Alteration. Any modification, change, or adjustment made to a building or structure that affects its physical dimensions, design, function, or use.
Animal.
1. Animal, large domestic. An animal other than a rooster, a nondomestic animal or a small domestic animal as defined herein, and which is typically kept in a coop, corral, stable, or pen, including but not limited to equine (e.g., horses, donkeys, and llamas), bovine, porcine, and ratite (e.g., ostrich, emu and rhea) species, other hoofed animals (e.g., goats or sheep) and any variety of fowl other than hens, which are considered small domestic animals for purposes of this sectionas defined in this Section.
2. Animal, nondomestic. A wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.
3. Animal, small domestic. A small animal of the type generally accepted as a pet, including dog, cat, rabbit, songbird, fish, and the like, but not including chicken, rooster, duck, goose, pea fowl, goat, sheep, pig, hog, or the like.
Antenna. Any system of wires, poles, rods, panels, reflecting discs, or similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external and attached to the exterior of a structure or a pole.
Area median income (AMI). The area median income for Contra Costa County as published at Title 25, California Code of Regulations, Ssection 6932.
Attached, building or structure. A building or structure that shares a common wall, is physically connected to another building or structure, or two structures that are less than three feet away from each other as measured from the furthest projection on each structure.
Average percent of slope. The ratio between vertical and horizontal distances expressed in percent; the mathematical expression of which is based upon the formula described below:
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23 Figure 18.__-_
Average Percent of Slope Calculation
18.195.020 “B” Definitions
Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet.
Base density. The maximumlowest number of dwelling units on a particular parcel lot of land which is in conformance complies with the Ggeneral Pplan and all applicable provisions of this Zzoning Ordinance.
Basement. The portion of a building that is completely below grade. If any part of a building story is above grade, it will not be considered a basement. A basement does not count as a story when calculating the "number of stories" for development regulation purposes. However, sub-level floors, including basements, are included in floor area ratio (FAR) calculations. The addition of any access points, as required by the Building Code, does not change the classification of a basement, provided that all other portions of the floor remain below grade.Any building code related access requirements The portion of a building that is completely below grade. If portion of a building story is above grade, it will not be considered a basement. A basement is not considered a Story when calculating “number of stories” for development regulation purposes.
Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street, unsubdivided land, watercourse, or Ccity boundary.
Figure 18.__-_
Blockface
Boarder. A person who rents a room within a living unit from a landlord.
Boardinghouse. A building where sleeping rooms are rented to three or more individuals where meals may or may not be provided. Boardinghouse includes the term rooming house.
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24 Breezeway. A roofed, open-sided passageway connecting two structures, such as a house and a garage.
Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattel, or property of any kind.
Building height. The vertical distance of a building as measured from the finished grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or from average grade to the highest gable of a pitch or hip roof grade to a base point on the building in compliance with Section
18.45.030 (Height Standards and Exceptions). See definition for “grade.”
18.195.030 “C” Definitions
Caretaker’s quarters. A dwelling unit on the site of a non-residential use, occupied by someone employed to care for a property or facility. Caretaker’s quarters are meant to serve only as a secondary or accessory use to the existing use on the property.
Caretaker’s quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker.
Child care facility. A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age child care centers. (Gov’t Code §§ 65915(i)(4), 65017.5(a)(1).)
Collection buildings. Buildings with a gross floor area of 225 square feet or less used for the deposit and storage of recyclables.
Commercial cannabis use. Commercial cannabis use means and includes the commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, wholesale or retail delivery, wholesale or retail sale of cannabis and cannabis products, or any combination of such activities, whether or not carried out for profit, and any other activity that requires a license, or may require a license in the future, pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code, Division 10, section 26000 et seq. Without limiting the foregoing, the term “commercial cannabis use” also includes a medical marijuana dispensary, a patient collective or patient cooperative operating under the Compassionate Use Act (Health & Safety Code Section § 11362.5) and/or the Medical Marijuana Program Act (Health & Safety Code Section§ 11362.7 et seq.), as each may be amended; a nonprofit licensee under Business and Professions Code section 26070.5; and a cannabis cooperative association under Business and Professions Code section 26220 et seq.
Conditioned/habitable space for accessory structures. Areas of a structure that include living areas or areas including, but not limited to, heating, air conditioning, power, and plumbing. This area does not include areas such as garages, storage areas, patio covers and other landscape structures.
Condominium project. A housing development of two or more units, the interior space of which are individually owned, with the balance of the property owned by the owners of the individual units. See also Civil Code Ssection 1351(f) and. (Government’t Code Section§ 65915(b)(4).
Construction cost index. The Engineering News Record San Francisco Building Cost Index. If the index ceases to exist, the Ccity Mmanager shall submit another cost index which is in his or hertheir judgment is the nearly equivalent to the original index as possible.
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25 Consumer price index. The U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers for the San Francisco, Oakland, San Jose Metropolitan Statistical Area or, if the index is discontinued, a successor index selected by the Ccity Mmanager.
Container or storage unit. A container or storage unit includes, but is not limited to, any of the following if 15 cubic yards or larger: a debris or trash box, a cargo or storage container, a construction or transport trailer (when detached from the truck trailer). A container or storage unit is not permanently attached to the ground.
A container or storage unit does not include an accessory structure as defined in this Cchapter, or a trash container storage unit placed by the disposal company licensed by the Ccity, when that container is used for regular, weekly garbage pick-up.
Cottage food operations. An enterprise that has not more than $50,000 in gross annual sales; operated by a “cottage food operator” (who operates in theirhis or her private home and owns the operation); and having not more than one full-time equivalent employee, not including a family or household member; that involves preparation of “cottage food products” which are nonhazardous foods such as baked goods without cream or meat fillings; candy; chocolate-covered nonperishable foods; dried fruit; dried pasta; dry baking mixes; fruit pies; granola, cereals and trail mixes; herb blends and dried mole paste; honey; jams, jellies, preserves; nut mixes and nut butters; popcorn; vinegar and mustard; roasted coffee and dried tea; waffle cones and pizelles; other items added by the State Public Health Officer on an approved food products list (Health and Safety Code Section 113758). See also “home occupation.”
Coverage, lot or site. The percentage of a site covered by a building, accessory structure, roof, soffit, trellis, and eave or overhang extending more than two and one-half feet from a wall, and by a deck or above ground pool more than 36 inches in height.
Figure 18.__-_
Lot Coverage
Cultural resource. Improvements, buildings, structures, signs, features, sites, landscapes, trees, or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the Ccity, the Diablo Valley, the Northern California region, or the nation which may be eligible for designation or designated and determined to be appropriate for historic preservation by the Aarchitectural Rreview Ccommission, or by the Ccity Ccouncil on appeal, in compliance withpursuant to the provisions of this the chapterZoning Ordinance.
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26 18.195.040 “D” Definitions
Daylight plane. An inclined plane, beginning at a stated height above grade at a side or rear property line, and extending into the site at a stated upward angle to the horizontal, which may limit the height or horizontal extent of structures at any specific point on the site where the daylight plane is more restrictive than the height limit or the minimum yard applicable at such point on the site.
Figure 18.__-_
Daylight Plane
(The diagram is illustrative)
Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts (see also “balcony”).
Density bonus. As defined by Government Code Section 65915 et seq.A density increase of at least 20%, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density. (See PHMC § 18.20.150). See 2003 General Plan Glossary. (Gov’t Code §§ 65915(g)(1) and (d)(1), 65917.5(a)(2).)
Density bonus housing agreement. A legally binding. recorded agreement between an owner/ developer and the Ccity as described in PHMC § 18.20.150 to ensure that the requirements of that subsection are satisfiedthis Zoning Ordinance and State law are satisfied. The agreement, among other things, shall establish the number of target bonus units, their size, location, terms and conditions of Item 10.1
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27 affordability, and production schedule. The agreement shall also require management and maintenance of the units. See Section 18.15.090 (Density Bonus). (See PHMC § 18.20.150.) Density bonus units. RThose residential dwelling units granted pursuantallowed to the provisions of this title which exceed the otherwise allowable maximum residential density for the development site in compliance with the Zoning Ordinance and State law.
Detached, building or structure. A building or structure shall be considered detached from any other building or structure; provided, the distance is a minimum of three feet from any wall or projection, measured at the closest point. See definition for the term “attached.” Development agreement. A contract between the City and an applicant for a development project, in compliance with Chapter 18.180 (Development Agreement) and Government Code Section 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.
Development standard. Any site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution or regulation.
Driveway. A paved area on a lot necessary to provide direct access for vehicles between a street and either:
1. An area on a residential lot containing four or fewer parking spaces;
2. An aisle between spaces in a parking lot;
3. A loading berth; or
4. A refuse storage area.
18.195.050 “E” Definitions
Electric vehicle (EV) charger. Off-boardA device that supplies electric power to charging equipment used to charge the battery of an electric vehicle.
Electric vehicle charging space (EV space). A space intended for charging electric vehicles.
Electric vehicle charging station (EVCS). One or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. Where a multiport electric vehicle charger can simultaneously charge more than one vehicle, the number of electric vehicle charging stations shall be considered equivalent to the number of electric vehicles that can be simultaneously charged.
Environmental impact report (EIR). An environmental report used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).
Exterior architectural feature. The architectural element embodying style, design, general arrangement, and components of all the outer surfaces of an improvement including, but not limited to, Item 10.1
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28 the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.
18.195.060 “F” Definitions
Family. One or more persons occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family shall not include a fraternal, religious, social, or business group. A family shall be deemed to include domestic employeesworker.
Fence. A barrier made of wire, wood, metal, masonry, or other material used as a screen or enclosure for a yard, equipment, or open space. It includes a wall, gate, or structure used as a fence. A retaining wall, freestanding (monument) sign, or landscape structure is not considered a fence except for that portion which is used as a fence. See Chapter 18.65 (Fences, Walls, and Screening).
Floor area, gross. The total area of all floors in a building, excluding basements, as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and any open porch, deck, balcony, or terrace.
Floor area, net. The total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and an open porch, deck, balcony or terrace.
It also excludes any corridors, hallways, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than seven feet, and, in industrial areas, storage sheds with less than 150 square feet of space, bunkers, electrical substations, smoking shelters, instrument shelters, and similar enclosures.
Floor area ratio (FAR). The gross floor area of a building or buildings on a lot divided by the lot area or site area.
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29 Figure 18.__-_
Floor Area Ratio
(The diagram is illustrative)
For-sale project. A residential project, or portion thereof, which is intended to be sold to an owneroccupant upon completion.
Frontage, building. The frontage of a building is the maximum horizontal dimension of that side of a building abutting on or generally parallel to the front lot line or, in the case of a corner building, the combined maximum horizontal dimensions of the sides of the building abutting or generally parallel to the front lot line and the corner side line.
Frontage types.
4.1. Frontage, (building). The building facade facing a street or public open space.
5.2. Frontage, (site). The width of the site along a street or public open space.
6.3. Frontage, street. The property line or part of the site facing a street or public open space. The street frontage is the length of the front lot line or, in the case of a corner lot, the front lot line plus the corner side lot line.
Frontage (street). The property line or part of the site facing a street or public open space.
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30 18.195.070 “G” Definitions
General plan. The City of Pleasant Hill General Plan, including all its elements and all amendments, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Zoning Ordinance as the "General Plan."The city of Pleasant Hill general plan, as amended.
Grade.
1. Grade, average. The average level on the surface defined as the shortest distance between finished grade at the highest and lowest sides of a structure.
2. Grade, existing. The level of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this chapter.
3. Grade, finished. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.
4. Grade, street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.
18.195.080 “H” Definitions
Height. The vertical dimension measured from finished grade, unless otherwise specified. See building height as defined in this Chapter.
Historic district. Any area containing a concentration of improvements which have a special character, historical interest or aesthetic value, which possess integrity of location, design, setting, materials, workmanship, feeling and association, or which represent one or more architectural periods or styles typical of the history of the Ccity, and that has been designated an historic district.
Housing development project. Construction projects Residential construction projects as defined in Government Code Section 65589.5(h)(2). consisting of five or more residential units, including singlefamily and multifamily units, for sale or for rent. For the purposes of PHMC Section§ 18.1520.090 (Density Bonus)150, housing development also includes a subdivision, planned unit development, or condominium project consisting of five or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five residential units. (Gov’t Code § 65915(j) and (g)(1).)
18.195.090 “I” Definitions
Illumination, direct. Illumination by means of light that travels directly from its source to the viewer’s eye.
Illumination, indirect. Illumination by means only of light cast upon an opaque surface from a concealed source.
Improved pedestrian connection. An elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of Interstate 680.
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31 Incentive or concession. The benefit offered by the City to facilitate construction of eligible affordable housing costs and units as defined by this Chapter. Examples of incentives/concessions include adjustment of development standards, expedited processing of entitlements, relaxation of otherwise applicable entitlement conditions, and provisions for mixed-use activities. See Section 18.15.090 (Density Bonus).and Government Code Section 65915 et seq.Such regulatory incentives or concessions as listed in PHMC § 18.20.150.B.11. (Gov’t Code § 65915(1).) Inclusionary unit. A dwelling unit reserved for occupancy by a low- or very low-income household (as defined by Health and Safety. Code Sections§§ 50079.5 and 50105) with a new residential development.
18.195.100 “J” Definitions
No terms defined.
18.195.110 “K” Definitions
Kitchen. Any room or part of a room or structure which is designed, built, used, or intended to be used forfor the preparation or cooking of food and must contain, at minimum, one or more of the following features, an oven or stove, a refrigerator, and a sink having a drain outlet of larger than one and onehalf inches in diameter. A kitchen may also include a microwave, dishwasher, garbage disposal, or other appliances for cooking, preparing, or storing food. A kitchen does not but not including include a bars, butler’s pantriesy, or similar rooms adjacent to or connected with a kitchen.
18.195.120 “L” Definitions
Land use. The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered, or enlarged or for which either a site or structure is or may be occupied or maintained.
Landscape. To plant and maintain some combination of trees, ground cover, shrubs, vines, flowers, or lawn. Required landscaping may include natural features such as existing or imported rock and structural features including fountains, pools, art work, screens, walls, fences, or benches. A landscaped area may also include a walkway or concrete plaza if it is an integral part of the elements of landscaping described above. Plants on rooftops, porches, or in boxes attached to buildings are not considered landscaping.
Landscaping, interior. A landscaped area(s) or areas within the shortest circumferential line defininga defined the perimeter or exterior boundary of the parking or loading area as shown in Figure 18.__-_, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).
Landscaping, perimeter. A landscaped area adjoining and outside the shortest circumferential line defining the exterior boundary of a parking or loading area as shown in Figure 18.__-_, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).
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32 Figure 18.__-_
Landscaping: Interior/Exterior
Limited inclusionary uni. An additional dwelling unit constructed on a single-family residential lot, which meets the standards for accessory dwelling units.
Living unit. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with and include a kitchencooking, sleeping area, and bathroom facilities.
Lot. A site or parcel of land.
Lot area. The horizontal area within the property lines excluding public-access corridors, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.
Lot depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
Lot line types.
1. Front lot line. A lot line abutting the street or easement providing access to the lot. A lot line that adjoins the front yard of a lot. The front lot line of a corner lot is the shortest street line. If the street lines are the same length, any of the street-abutting lot linesone may be considered the front lot line, unless one street-abutting lot line results in nonconforming setbacks.
a Flag lots. The front lot line of a flag lot (see "flag lot" under "lot types”) is measured at the point where the "pole" meets the bulk ("flag") of the lot parallel to the rear lot line of the lot adjacent to the pole as shown in Figure 18 (Flag Lot Front Lot Line). b Irregular shaped lots. The front lot line of an irregular shaped lot shall be determined by the Zoning Administrator.
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33 Figure 18.__-_
Flag Lot Front Lot Line
5.2. Interior lot line. A lot line not abutting a street.
6.3. Rear lot line. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line shall be deemed the rear lot line for the purpose of measuring rear yard depth.
7.4. Side lot line. A lot line that is not a front lot line or a rear lot line.
8.5. Street lot line. A lot line, other than the front lot line, abutting a street.
Lot types.
1. Corner lot. A lot bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees on a street or private driveway serving two or more additional properties or dwelling units (not counting accessory dwelling units). The front yard of a corner lot shall adjoin the shortest street property line; provided, that where street property lines are substantially the same length, the Zzoning Aadministrator shall determine the location of the front yard based on existing or proposed access to the principal building on the lot. See Subsection 18.15.040.D (Corner and Double-Frontage Lot Setbacks) for additional development regulations for corner lots.
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34 2. Double-frontage lot. An interior lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line.. See Subsection 18.15.040.D (Corner and Double-Frontage Lot Setbacks) for additional development regulations for doublefrontage lots.
3. Flag lot. A lot with a narrow strip of land, known as the "staff" or "pole," that provides access to the main, larger portion of the lot, which is often referred to as the "flag." The staff portion typically resembles a flagpole and connects the larger, buildable area of the lot to a public street or private road.
4. Interior lot. A lot other than a corner lot.
3.5. Irregular lot. A lot characterized by boundaries that may have varying lengths, non-parallel sides, or unusual angles, resulting in a form that does not conform to the other lot types defined herein. For the purposes of this Title, the lot lines of an irregular lot shall be determined by the Zoning Administrator.
4.6. Key lot. A key lot is an interior lot whose front yard abuts the rear yard of a corner lot.
Lot width. The average horizontal distance between the side lot lines measured at right angles to the lot depth from the required front yard setback and from the required rear yard setback or from the rearmost point of the lot depth in cases where there is no rear lot line. (See lot depth, lot width diagram.) Figure 18.__-_
Lot Depth and Width
(The diagram is illustrative)
Low-income household. A household whose income does not exceed the low-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant toin compliance with Health and Safety Code Ssection 50079.5.
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35 Lower income household. A lower income household as defined in Civil Code Ssections 51.3 and
51.12 (Government’t Code Section§§ 65915(b)(1) and (c)(1), and Health and Safety. Code Section§ 50079.5.).
18.195.130 “M” Definitions
Market rate units. New living units in residential projects which are not affordable units.
Maximum allowable residential density. The maximum number of residential units permitted by the General Plan city’s zoning ordinance on the date the application is deemed complete. See (Government’t Code Section§ 65915(o)(2).
Mixed-use. A type of dDevelopment projects where a variety of uses such as office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated project.
Mobile recycling unit. An automobile, truck, trailer, or van, licensed by the State Department of Motor Vehicles, which is used for the collection of recyclable materials, including the bins, boxes or containers transported by trucks, vans or trailers and used for the collection of recyclable materials.
Moderate-income household. A household with an annual income between the lower income eligibility limit (usually 80% of the area median family income) and 120% of area median income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to section 50079.5 of the California Health and Safety Code. (Gov’t Code § 65915(c)(2), Health and Saf. Code § 50093.)A household whose income does not exceed the moderate-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development in compliance with Section 50079.5 of the California Health and Safety Code (Government Code Section 65915(c)(2), Health and Safety Code Section 50093).
18.195.140 “N” Definitions
Natural feature. Any tree, plant life, water feature, or rock outcropping.
Noncommercial message or speech. Any message that is not commercial speech, which includes but is not limited to, messages concerning political, religious, social, ideological, public services, and informational topics.
Nonconforming sign, legal. A sign, outdoor advertising structure, or display of any character that was lawfully erected or displayed before the adoption of this Zoning Ordinance, or amendment thereto, but that which does not conform with currently applicable requirements prescribed for the zoning district in which the sign it is located.
Nonconforming structure, legal. A structure that was lawfully erected before the adoption of this Zoning Ordinance, or amendment thereto, but which does not conform with the currently applicable requirements provisions and/or development standards for yard spaces, height of structures, or distances between structures prescribed in the regulationsestablished for the zoning district in which the structure is located (e.g., setbacks, structure height, distance between structures).
Nonconforming use, legal. A use of a structure of land that was lawfully established and maintained before the adoption of this Zoning Ordinance, or amendment thereto, but which does not conform with currently applicable use regulations for which the zoning district in which it is located.
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36 Nonrestricted unit. All units within a housing development excluding the target affordable target units, as defined in this Chapter.
18.195.150 “O” Definitions
Off-street loading facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.
Open space types.
1. Private open space. An open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
2. Shared open space. An open area within a residential development reserved for the exclusive use of residents of the development and their guests.
3. Passive Open Space. An open area outside of a building or structure that is more natural in quality and does not provide facilities or access to users (such as walking paths or seating).
Passive open spaces may include, but are not limited to, bioswales, landscaped areas, and natural habitat.
2.4. Active Open Space. An open space area or recreational area that has any type of user facility (e.g., walking path, benches, restrooms, sports fields or courts). See also "park and recreational facility" definition in Section 18.190.050 (Public and Semi-Public Land Use Classifications).
3.5. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this Cchapter, including a front yard, side yard, corner side yard, or rear yard.
Ordinary maintenance and repair. Any work, for which a Bbuilding Ppermit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage. See definition for the term “alteration.”
Outdoor storage. Storage outside of a building of material not intended for immediate sale or exhibition.
Owner. The person(s) or entity(ies) that hold legal or equitable title to a dwelling or lot.
18.195.160 “P” Definitions
Penthouse Rooftop equipment. Any structure located on the roof of a building which encloses mechanical equipment.
Permitted. Allowed without a requirement for approval of a Cconditional Uuse Ppermit or Ttemporary Uuse Ppermit.
Planned development. A development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:
1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
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37 2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance compliance with Civil Code Ssection 1367 or 1367.1et seq. (Government’t Code Section§ 65915(b)(4); Civil Code Section§ 1351(k).)
Porch. A covered platform at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled and is attached to the outside of a building.
Preexisting. In existence prior to the effective date of this chapterZoning Ordinance.
Primary street. A main thoroughfare, including “arterial” through routes and mixed-use, multifunctional streets right -of-way (at least in part along their length), providing access to properties as well as other amenities.
Processing facility. A building or enclosed space used for the collection and processing of recyclable material, and/or used motor oil, by such means as flattening, mechanical sorting, compacting, baling, shredding, grinding, crushing, and cleaning.
1. A light-processing facility occupies less than 45,000 square feet and includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.
2. A heavy-processing facility is any processing facility other than a light-processing facility.
Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this chapter.
Project site. The specific location on which a development, use, structure, or building is proposed.
Published standards. The standards for specific income levels for Contra Costa County, as published under Title 25, California Code of Regulations Ssection 6932.
18.195.170 “Q” Definitions
Qualifying household. A household meeting statutory or regulatory requirements to receive the benefits conferred by a statutory or regulatory program.
Qualifying resident. Senior citizens or other persons eligible to reside in a senior citizen housing development (Civil Code Sections 51.3 and 51.12.).
18.195.180 “R” Definitions
Reasonable accommodation. Providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use, zoning and building regulations, policies, practices and procedures or waiving enforcement, if necessary, to ensure equal access to housing for individuals with disabilities in compliance with Chapter 18.125 (Reasonable Accommodation), and State and Federal fair housing laws.
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38 Recreational Vehicle. In compliance with Health and Safety Section 18010, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all the following criteria:
• It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; • It contains 400 square feet or less of gross area measured at maximum horizontal projections; • It is built on a single chassis; and
• It is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.
Recyclable material. Reusable material including, but not limited to, metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.
Recyclable material does not include refuse or hazardous materials, but may include used motor oil.
Recycling facility. A center for the collection and/or processing of recyclable materials.
Rehabilitation. Restoring a property to make it usable for modern purposes while preserving its important historical, architectural, and cultural features.The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.
Rental projects. A residential project, or portion of itthereof, which is intended to be rented to tenants upon completion.
Resale control. A resale restriction placed on inclusionary units by which the price of such units and income of the purchaser will be restricted in order to assure affordability and occupancy by lower and very low-incomequalifying households and residents.
Residential project. Any planned zoning district, subdivision map, conditional use permit or other discretionary city land use approval entitlement which authorizes five or more living units or residential lots, or living units and residential lots which total five or more in combination. In order to prevent evasion of the provisionsFor the purpose of this Zoning Ordinance, of this chapter,contemporaneous construction of five or more living units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same city land use entitlementapproval, shall also be considered a residential project. Construction shall be considered contemporaneous for all units which do not have completed final inspections for occupancy and which have outstanding, at any one time, any one or more of the following: planned zoning district, subdivision map, conditional use permit or other discretionary city land use approvalsentitlement, or Bbuilding Ppermits, or applications for such an approval or permits.
Residential structure types.
1. Accessory dwelling unit. An attached or detached dwelling unit that is located on a single lot with another, primary dwelling unit and provides complete facilities for independent living for one or more persons. These facilities include permanent provisions for living, sleeping, cooking and sanitation. See Section 18.15.050 (Accessory Dwelling Unit (ADU and JADU)).
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39 1.2.Accessory dwelling unit, junior (JADU). An accessory dwelling unit which is located within the living space of an existing primary single-unit dwelling, as defined in the California Health and Safety Code. See Section 18.15.050 (Accessory Dwelling Unit (ADU and JADU)).
2.3.Dwelling. A building designed exclusively for residential occupancy, including single-family, duplex, and multifamily, but not including a hotel, motel, or boardinghouse.
3.4.Dwelling unit. One or more habitable rooms designed for occupancy by only one or more persons family for living and sleeping purposes and having a kitchen.
4.5. Multi-family dwelling. A building used and designed as a residence forto accommodate two or more separate families households/living units. Each unit has its own living independently of each other with individual entrances, bathrooms, kitchens, and living areas. See “Multifamily Residential” in Section 18.190.060 (Residential Land Use Classifications).
5.6.Single-family dwelling. A building designed exclusively for occupancy by one familyto accommodate one household/living unit on a single lot. See “Single-Family Residential” in Section 18.190.060 (Residential Land Use Classifications).
6. Attached single-family dwelling. A dwelling unit on an individual lot that has at least one common wall with one or more other dwelling units on separate lots.
Reverse vending machine. An automated mechanical device that accepts at least one or more types of empty beverage containers including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine.
1. A single-feed revenue vending machine is designed to accept individual containers one at a time.
2. A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight.
Room, habitable. A room meeting the requirements of the Uniform Building Code and Uniform Housing Code for its intended use (e.g., sleeping, living, cooking, or dining), excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces.
18.195.190 “S” Definitions
Senior citizen housing development. A housing development as defined in California Civil Code Ssection 51.3(b)(4). (Government’t Code Section§ 65915(b)(3).).
Setback line. A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, corner side or rear yard, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, corner side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line.
Shopping center. A unified group of retail businesses and service uses on a single site with common parking facilities. A shopping center may include pads for future buildings.
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City Council Meeting Agenda - Page 1908 of 2120 - Monday, April 21, 2025 Chapter 18.195 Definitions
40 Short-term stay. The rental of a dwelling or a portion thereof by the owner to another person or group of persons for the lodging or sleeping for a term of less than 30 consecutive calendar days.
Sign. Any identification, description, illustration, or device illuminated or nonilluminated, which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify, or convey information.
Sign types.
1. Animated sign. Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create a special effect or scene.
2. Banner. Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges.
3. Business identification sign. A sign that serves to identify only the name and address of the premises, business, building or portion of building upon which it is located and includes no other advertising such as product lists, phone numbers and hours of operation. Such a sign may include a logo or business symbol.
4. Commercial sign. A sign that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.
5. Directional or informational sign. Any sign erected for the sole purpose of indicating the route to, direction of or location of a given goal, or which provides regulatory or service information of a non-advertising character. Directional and informational signs include but are not limited to: signs that denote the route to any Ccity, community facility, historic place, or hospital; signs directing and regulating traffic; signs directing visitors to tourist-oriented businesses; notices of any utility or transmission company necessary for the direction or safety of the public; and signs, notices or symbols as to the time and place of civic meetings.
6. Directory sign. A pedestrian-oriented sign which identifies or lists the names and locations of tenants at a multi-tenant site.
7. Electronic readerboard. A changeable, moving message sign consisting of a matrix of lamps, light emitting diodes (LEDs), or similar devices which are computer-controlled.
8. Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design, used as a symbol.
9. Flashing sign. An illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a nonconstant illumination.
10. Freestanding sign. A sign which is self-supporting in a fixed location and not attached to a building. It includes a sign connected or attached to a sign structure, fence, pole, wall, tree or other vegetation and which is not an integral part of a building.
11. Grand opening sign. A sign used by newly established businesses to inform the public of their location and services.
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41 12. Incidental sign. A small sign less than one square foot pertaining to goods, products, services or facilities that are available on the premises where the sign occurs and intended primarily for the convenience of the public.
13. Logo. A trademark or company name symbol.
14. Master sign program. A coordinated sign plan which includes details of all signs (not including exempt or temporary signs) which are or will be placed on a site, including master identification, individual business and directory signs.
15. Multiple-story office sign. A wall sign used to identify an office building with three or more above-ground levels.
16. Neon or other gas tube illumination. Illumination affected by a light source consisting of a neon or other gas tube which is bent to form letters, symbols or other shapes.
17. Noncommercial sign. A sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.
18. Off-premises sign. An outdoor advertising sign advertising a business, product or service not offered on the premises where the sign is located.
19. Open house sign. A temporary portable sign providing direction to residential real property during the period it is on public display for purposes of sale or lease.
20. Panel sign. A wall sign with a background panel integrated into the sign. The background panel is typically treated with paint, tile, metal, wood, mosaic, decorative stone or similar materials to complement the sign design.
21. Portable sign. A sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs with wheels, A-frames, Hframes, menu and sandwich board signs, balloons used as signs, and umbrellas used for advertising.
22. Projecting sign. A sign which is either suspended from an overhang, canopy, or awning, or is suspended from a mounting attached directly to the building wall and hangs perpendicular to the building wall (also known as a blade sign or shingle sign).
23. Real estate sign. Any temporary sign pertaining to the sale, exchange, lease or rental of buildings or real property.
24. Roof sign. A sign installed on a roof or projecting above the eave of a building or mounted on an arcade or parapet.
25. Subdivision directional sign. A sign providing direction to a land development project within the county city pursuant to this chapter.
26. Temporary sign. A sign with commercial or noncommercial text which is intended to be displayed for a limited time. Temporary signs shall include banners or light, rigid material which is not affixed in a permanent manner to the ground or to any structure. Awning signs shall not be considered temporary signs.
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42 27. Theater/cinema sign. A sign, such as a marquee, designed for a theater or cinema, with changeable letters, brighter lights, or other attention-getting features.
28. Time/temperature sign. An electronic or mechanical device which shows time and/or temperature but contains no business identification or advertising. The surface area of the time/temperature display shall be included in the total aggregate sign area of the business.
29. Wall sign. A sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the sign is attached or supported by. An overhang, attached framework, or other substantial architectural appurtenance may be considered an extension of the building wall.
30. Window sign. A sign attached to, suspended or placed within five feet behind, placed or painted upon, the window or glass door of a building which is intended for viewing from the exterior of such building.
Site. A lot, or group of contiguous lots not divided by a street, other right-of-way, or City limit, and under single ownership or unified control.
Specific plan. A plan for a defined area that is consistent with the general plan and with the provisions of the California Government Code authorizing specific plans.
Stepback. A step-like recession in the profile of a multistory building. A stepback requires the building to take a step back from the street for every increase in height of the structure. Stepbacks can also be a design technique to reduce the visual impact of tall buildings.
Story. The portion of a building included between the upper surface of a floor and the upper surface of the floor next above. The topmost story is that portion of a building included between the upper surface of the topmost floor and the ceiling of the roof above.
Story, half. A half-story is defined below
• Wwhen the finished floor level directly above a useable or unused underfloor space is six feet or less above finished grade, as defined herein for 50 %percent or less than the total building perimeter.
• If the at-grade story is more than 12 feet above grade as defined herein at any point, such space shall be considered a story. When the finished floor level is directly above a story or half storynot starting at the surrounding finished grade, , any story six feet or less is a half-story.
Structure. Anything constructed or erected that requires a location on the ground, including a building, a deck, or a swimming pool, but not including a fences or a walls used as a fence, if the height does not exceed that are eight feet in height or less and, or access drives or walks.
Structure, accessory. An accessory structure is a structure placed on a site, other than the principal, permanent residential structure. An accessory structure must be located on a site with an existing or proposed primary structure. Temporary containers or storage units regulated by PHMC §
18.20.140Section 18.15.050 (Container or Storage Unit), fences or walls eight feet or less in height, decks attached to the principal permanent residential structure, freestanding decks 18 inches or less in height above ground, in-ground pools, and permanent basketball hoops shall not be considered accessory structures.
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43 Swimming pools and hot tubs. Water-filled enclosures having a depth of 18 inches or more used for swimming or recreation.
18.195.200 “T” Definitions
Target unit. A dwelling unit within a housing development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to, very low-, low-, or moderateincome households, or other qualifying households, or is a unit in such as senior citizen and student housing development.
18.195.210 “U” Definitions
No terms defined.
18.195.220 “V” Definitions
Very low-income household. A household whose income does not exceed the very low-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Ssection 50105 . (Government’t Code Sections§§ 65915(b)(2) and (c)(1).
18.195.230 “W” Definitions
No terms defined.
18.195.240 “X” Definitions
No terms defined.
18.195.250 “Y” Definitions
Yard types.
1. Corner side yard. A side yard on the street side of a corner lot. The depth of the corner side yard is the minimum horizontal distance between the corner side property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.
2. Front yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.
3. Rear yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel to it on the site. On a corner lot, the rear yard extends only to the corner side yard. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.
4. Side yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal Item 10.1
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44 distance between the side property line and a line parallel thereto on the site, except that the corner side yard shall extend to the rear lot line. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.
Figure 18.__-_
Yard Types
18.195.260 “Z” Definitions
No terms defined.
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City Council Meeting Agenda - Page 1913 of 2120 - Monday, April 21, 2025 1 18 – Zoning Code
Part 6 – Definitions and Land Use
Classifications
REVISED PRELIMINARY DRAFT
APRIL 2025MARCH 2025
Table of Contents
CHAPTER 18.190 LAND USE CLASSIFICATIONS ........................................................................ 4
18.190.010 Purpose and Applicability............................................................................................... 4
18.190.020 Accessory Land Use Classifications .............................................................................. 4
18.190.030 Commercial Land Use Classifications............................................................................ 4
18.190.040 Industrial Land Use Classifications .............................................................................. 10
18.190.050 Public and Semi-Public Land Use Classifications........................................................ 10
18.190.060 Residential Land Use Classifications ........................................................................... 13
18.190.070 Temporary Land Use Classifications ........................................................................... 17 CHAPTER 18.195 DEFINITIONS.................................................................................................... 20
18.195.010 “A” Definitions............................................................................................................... 21
18.195.020 “B” Definitions............................................................................................................... 23
18.195.030 “C” Definitions............................................................................................................... 24
18.195.040 “D” Definitions............................................................................................................... 26
18.195.050 “E” Definitions............................................................................................................... 27
18.195.060 “F” Definitions ............................................................................................................... 28
18.195.070 “G” Definitions .............................................................................................................. 30
18.195.080 “H” Definitions............................................................................................................... 30
18.195.090 “I” Definitions ................................................................................................................ 30
18.195.100 “J” Definitions ............................................................................................................... 31
18.195.110 “K” Definitions............................................................................................................... 31
18.195.120 “L” Definitions ............................................................................................................... 31 Highlight Key
YELLOW = Suggested changes per best practices
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2 18.195.130 “M” Definitions .............................................................................................................. 35
18.195.140 “N” Definitions............................................................................................................... 35
18.195.150 “O” Definitions .............................................................................................................. 36
18.195.160 “P” Definitions............................................................................................................... 36
18.195.170 “Q” Definitions .............................................................................................................. 37
18.195.180 “R” Definitions............................................................................................................... 37
18.195.190 “S” Definitions............................................................................................................... 39
18.195.200 “T” Definitions ............................................................................................................... 43
18.195.210 “U” Definitions............................................................................................................... 43
18.195.220 “V” Definitions............................................................................................................... 43
18.195.230 “W” Definitions.............................................................................................................. 43
18.195.240 “X” Definitions............................................................................................................... 43
18.195.250 “Y” Definitions............................................................................................................... 43
18.195.260 “Z” Definitions ............................................................................................................... 44 Item 10.1
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3 Chapter 18.190
Land Use Classifications
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4 Chapter 18.190 Land Use Classifications
Sections
18.190.010 Purpose and Applicability
18.190.020 Accessory Land Use Classifications
18.190.030 Commercial Land Use Classifications
18.190.040 Industrial Land Use Classifications
18.190.050 Public and Semi-Public Land Use Classifications
18.190.060 Residential Land Use Classifications
18.190.070 Temporary Land Use Classifications
18.190.010 Purpose and Applicability
This Chapter provides definitions for the uUse classifications describe land uses and activities having similar characteristicsestablished in Part 2 (Zoning District Regulations and Development Standards).
The use classifications are organized in the following general categories: following use classifications are included: accessory, commercial, industrial, public and semi-public, residential, and temporary. residential, public and semipublic, commercial, industrial, accessory and temporary. If a specific land use or activity is not listed, but is substantially similar in character to the other uses within a classification, it is at the discretion of the Zzoning Aadministrator may to determine which classification shall applythat the use or activity is within a classification. Use classifications not listed are prohibited unless authorized by Zoning Administrator.
18.190.020 Accessory Land Use Classifications
Accessory uses. A uUses incidental to the principal permitted or a conditionally permitted use on a the same site and customarily found on the same site.This classification includes accessory dwelling units and home occupations.
18.190.030 Commercial Land Use Classifications
Adult business. An establishment or concern which, as a regular and substantial course of conduct, offers, sells, or distributes adult-oriented merchandise, or which offers to its patrons materials, products, merchandise, services, entertainment or performances that depict, describe, or relate to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts. (Reference: PHMC Chapter 18.70.)See Chapter 18.50 (Adult Uses).
Ambulance service. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.
Animal sales and services.
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5 1. Animal boarding. Provision of shelter and care for small animals on a commercial basis and large animals on a commercial or noncommercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.
2. Animal clinic. Facility which provides grooming, training or other services to animals, including veterinary services on an outpatient basis with no overnight boarding.
3. Animal day care. An establishment that provides care for two or more small animals on a commercial basis, primarily within an enclosed building, with no overnight boarding.
4. Animal grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of 48 hours.
5. Animal hospital. An establishment where small animals receive medical and surgical treatment, including grooming and boarding of animals for no more than 30 days if incidental to the hospital use and limited to animals receiving medical care.
6. Animals: retail sales. Retail sales and boarding of small animals, provided such activities take place entirely within an enclosed building. This classification includes grooming if incidental to the retail use.
7. Riding academy. An establishment offering facilities for instruction in horseback riding, including rings, stables, and exercise areas.
Artists’ studios. Work spaceWorkspace for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.
Automobile maintenance, limited. An establishment engaged in the limited maintenance of automobiles, including, but not limited to, the replacement and refurbishment of motor vehicle fluids (excluding fuel), chassis lubrication, minor tune-ups, smog inspection, and window tint installation, or other similar maintenance of automobiles and light vehicles, excluding washing of the vehicle, waxing, and other cleaning or surface treatment of the vehicle, and those services described under the “automobile, vehicle and equipment repair” use classification.
Automobile service station. An establishment engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories. This classification includes incidental sales of retail products. This also includes maintenance and repair of automobiles when performed in conjunction with the sale of gas or diesel fuel and vehicle washing but excludes body and fender work or repair of heavy trucks or vehicles.
Automobile, vehicle/equipment broker. An office use providing assistance to third parties seeking to buy or sell vehicles or equipment. This classification does not include on-site storage, display or maintenance of vehicles.
Automobile, vehicle/ and equipment repair. Repair of automobiles, trucks, motorcycles, motor homes or recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shop, body and fender shop, wheel and brake shop, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping.
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6 • With body and fender work. Automobile, vehicle/equipment repair establishments that includes repair of body and fender work.
Automobile, vehicle/equipment sales and rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including storage, incidental repair and maintenance, and other activities accessory to the primary automobile vehicle/equipment sales and rentals, including but not limited to wholesale vehicle sales, unless such accessory uses are expressly limited or prohibited by the terms of the approval issued for the use.
Automobile, vehicle/equipment wholesaler. Wholesaler of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including on-site storage and incidental maintenance.
Automobile washing and exterior protection. Washing, waxing, or cleaning of automobiles or similar light vehicles and the installation of exterior body wraps, coating and protective film, excluding exterior paint.
Banks and savings and loans. A financial institution that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of money, including businesses offering check-cashing facilities. • With drive-up service. Institutions providing services accessible to persons who remain in their automobiles.
Building materials and services. Retailing, wholesaling, or rental of building supplies or equipment.
This classification includes a lumber yard, tool and equipment sales or rental establishment, and building contractors’ yard, but excludes an establishment devoted exclusively to retail sales of paint and hardware and activities classified under vehicle/equipment sales and services, including vehicle towing services.
Cannabis retailer. means a A facility or premises located in the city where cannabis or cannabis products, in any amount or form, either individually or in combination, are offered or provided for retail sale or other sales or transfer to consumers. A cannabis retailer includes an establishment that delivers cannabis as part of a retail sale. The term “cannabis retailer” includes the following subtypes:
1. Cannabis retailer, medical. A cannabis retailer selling medicinal cannabis and medicinal cannabis products to qualified patients with valid physicians’ recommendations, persons with an identification card, and primary caregivers, as each is defined in Health and Safety Code Ssection 11362.7, as amended. A medical cannabis retailer includes a medical marijuana dispensary.
2. Cannabis retailer, adult-use. A cannabis retailer selling adult-use cannabis and cannabis products for adults 21 years of age and over.
Cardroom. A gaming club as defined in Business and Professions Code Ssection 19802.
Catering services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also “Eating and drinking establishment”.) Commercial filming. Commercial motion picture or video photography at the same location for more than six days per quarter of a calendar year.
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7 Commercial parking facility. Lot offering parking to the public for a fee.
Commercial recreation and entertainment. Provision of participant or spectator recreation or entertainment. This classification includes a bingo parlor, bowling alley, billiard parlor, poolroom, ice/roller skating rink, scale-model course, tennis/racquetball court, croquet court, swim club, pinball arcade or electronic games center, and similar uses.
1. Regulated games. Cardrooms.
Communications facility. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, butmechanisms but excluding major utilities. This classification includes radio, television, or recording studios; telephone switching centers; and data centers.
Eating and drinking establishments. Business serving prepared food or beverages for consumption on or off the premises. Typical uses include, but are not limited to, restaurants, fast food establishments, bars, coffee houses, ice cream/yogurt establishments, and juice bars. (See also Live entertainment.)
1. With drive-through service. Service from a building to persons in vehicles through an outdoor service window.
2. With live entertainment/dancing inside building. See “Live entertainment.”
3. With outdoor seating. Seating Eating and drinking establishments with seating for patrons outside the buildingfor more than 12 persons outdoors.
Equipment and appliance maintenance and repair services. An establishment providing repair services for personal items and small equipment, such as electronics, appliances, and office machines repair. This classification excludes maintenance and repair of vehicles. (See “Automobile, vehicle and equipment repair”)
Firearm sales. The sale, transfer, lease, or offer for sale or lease of a firearm. For purposes of this chapter, firearm sales shall include sale of ammunition, and the terms “firearm” and “ammunition” shall have the same meanings as set forth in PHMC §Section 9.35.020 of the Municipal Code. See also “Retail sales.”
Fitness studiofacility. An establishment providing multiple types of exercise and physical conditioning services.
Food and beverage sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include a supermarket, grocery, convenience store, liquor store, or delicatessen. Establishments at which 20 percent% or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as “catering services” or “eating and drinking establishments”.
Funeral and interment services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human dead. Typical uses include a crematory, columbarium, mausoleum, or mortuary.
Horticulture, limited. The raising of vegetables, flowers, ornamental trees, and shrubs as a commercial enterprise. “Horticulture” does not include the planting, growing, harvesting, drying, curing, Item 10.1
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8 grading, or trimming of marijuanacannabis, as defined in California Health and Safety Code Ssection 11018.
Hotel. An establishment offering transient lodging on a less than weekly basis where immediate access to rooms is from a fully enclosed area not directly accessible from parking areas on the lot and providing additional services, such as conference and meeting rooms, restaurant, bar, or recreation facilities.
Laboratory. An establishment providing medical or dental laboratory services (including specimen collection facilities) or an establishment with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as limited “industry, limited.” Live entertainment. Live performance for the purpose of amusing a guest or patron, on a regular scheduled basis, regardless of whether the performers are compensated.
1. Type A. Does not include sound amplification and does not occur between 10:00 p.m. and 9:00 a.m.
2. Type B. Includes sound amplification or occurs between the hours of 10:00 p.m. and 9:00 a.m.
3. Type C. Nightclub or any other commercial establishment with dancing or musical entertainment as the primary use, with food and drink service as the ancillary use.
Maintenance and repair services. An establishment providing off-site repair services for personal items and small equipment, such as appliances and office machines repair, or building maintenance services. This classification excludes maintenance and repair of vehicles; see “Automobile, vehicle and equipment repair.”
Maintenance services establishment. An office establishment providing maintenance and repair services for residential and commercial properties, including businesses such as tree maintenance, pool maintenance, pest extermination services and similar uses. This classification excludes maintenance and repair of vehicles. (See “Automobile, vehicle and equipment repair”) Medical marijuana dispensary. As used herein the term “medical marijuana dispensary” or “dispensary” means any facility or location where medical marijuana is made available to and/or distributed by or to two or more persons in the following categories: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code section 11362.5 et seq. A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code section 11362.5 et seq. and the Pleasant Hill Municipal Code, including but not limited to this Title.
Motel. An establishment offering transient lodging on a less than weekly basis primarily for automobile travelers where a majority of the sleeping units have access directly from parking areas. This classification includes a motor lodge and tourist court.
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9 Nursery. An establishment primarily engaged in the retail sale of plants grown elsewhere. Merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and compost, mulch, soil additives, and fertilizer of any type are stored and sold in package form only.
Offices, gGeneral. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment, law office, or bail bonds. This classification excludes banks and savings and loan associations.
Offices, mMedical. Offices for a physician, dentist, medical practitioner, psychiatrist, psychologist, acupuncturist, optometrist, chiropractor, or other State of California Medical Board licensed physician or surgeon, including (1) medical/dental laboratories incidental to the medical office use and (2) nonmedical counseling uses.
Pawn shops. An establishment engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.
Personal improvement service. Provision of instructional, educational, or training services or facilities, including photography, fine arts, crafts, dance or music studio, singular specialized workout studios (but not including gyms and fitness studiosfitness facilities), driving school, business and trade school, diet center, reducing salon, and similar uses.
Personal services. Provision of recurring services of a personal nature. This classification includes a barber or beauty shop, massage, acupressure, tattoo, tanning, seamstress, tailor, shoe repair, dry cleaning agency (excluding dry cleaning plants), photocopying, Internet access facilities (without food or drink service), self-service laundry, and similar uses.
Pharmacy. An establishment where prescription drugs and medicines are sold and dispensed.
Research and development services. An establishment primarily engaged in industrial or scientific research, including limited product testing. This classification includes an electronics research firms or and pharmaceutical research laboratoriesy, but excludes manufacturing, except of prototypes, or medical testing and analysis.
Retail sales. An establishment engaged in retail sales of goods, including , but not limited to, the retail sale of merchandise not specifically listed under another use classification established in this Chapter.
This classification includes, but is not limited to, a department store, clothing store, secondhand store, furniture store, and business retailing the following goods as examplessuch as: toys, hobby materials, groceries, hand-crafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, baseball cards, coins and other collectibles (e.g., cards, or comics), comics, paint and wallpaper, carpeting and floor covering, medical supplies, office supplies, bicycles, and new automotive parts and accessories (including installation, but excluding service activities).
Theater. An establishment providing facilities for motion pictures or dramatic or musical performances and concerts.
Travel services. An establishment providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies.
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10 18.190.040 Industrial Land Use Classifications
Fuel storage and distribution. Establishment engaged in storage and bulk distribution of petroleumbased fuels, including gasoline and diesel fuel and natural gas. This classification excludes automobile service stations.
Industry, custom. Establishment primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment.
1. Small-scale. Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on site. Typical uses include custom bookbinding, ceramic studios, candle-making shops, and custom jewelry manufacture.
2. Artisan/custom product. An establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery, and other ceramics, as well as small glass and metal art and craft products, where any retail sales are incidental to the manufacturing activity.
Industry, limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes bakeries, breweries, dry cleaning plants, printing, and businesses engaged in processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services. • Small-scale. Limited to a maximum gross floor area of 5,000 square feet.
Research and development industry. An eEstablishment primarily engaged in the research, development, and controlled production of high-technology electronic, industrial, or scientific products or commodities for sale. This classification also includes uses such as a biotechnology firm, manufacturer of nontoxic computer components, and uses involving personal fitness science and technology.
Vehicle storage facilityies. Facilities for transportation vehicles (taxi, limousine, bus) including storage yards with related office, dispatch, and maintenance facilities. This includes storage of parking towaways, impound yard, and storage lot for automobiles, trucks, buses, and recreational vehicles.
Warehousing and storage, limited. Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification excludes wholesale distribution and storage, and vehicle storage.
Wholesale distribution and storage. Establishment engaged in bulk sales of goods primarily to other vendors, with distribution and storage facilities without direct public access.
18.190.050 Public and Semi-Public Land Use Classifications Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of the cemetery.
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11 Clubs and lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs, and youth centers.
Community center. A publicly owned facility used for meeting, recreational, or social events.
Cultural institution. Public or nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries.
Day care, general. Provision of nonmedical care for more than 14 persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day care centers for children. A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age child care centers. (Government Code Sections §§ 65915(i)(4), 65017.5(a)(1)).
Emergency medical care facility. A healthcare establishment that provides immediate medical treatment and care to individuals suffering from urgent, acute illnesses or injuries that require prompt attention. These facilities operate on a 24-hour basis, offering services such as emergency diagnosis, stabilization, and, when necessary, immediate interventions to prevent the deterioration of health. An emergency medical care facility may include, but is not limited to, emergency rooms, urgent care centers, trauma centers, and other specialized emergency care units. These facilities are staffed by licensed healthcare professionals, including physicians, nurses, and other medical personnel trained in emergency medicine.
Government office. Administrative, clerical, or public contact office of a government agency, including a postal facility, together with incidental storage and maintenance of vehicles.
Government mMaintenance and service facility. A Government fFacility providing maintenance and repair services for vehicles and equipment and areas for storage of equipment and supplies. This classification includes corporation yards, equipment service centers, and similar facilities.
Park and recreational facility. Noncommercial park, playground, recreation facility, open space, commercial tennis/swimming club, golf course, driving range or swim club, or similar facility.
Public safety facility. A facility that provides public safety and emergency services, including, but not limited to, police and fire protection, whether provided by a public entity or by a private entity under contract to a public entity.
• Public safety facility, Ooffender rehabilitation services. Establishments primarily engaged in providing post-conviction and/or post-incarceration follow-up services to individuals and/or groups, including, but not limited to: social services, counseling, monitoring, compliance verification, testing, referrals, and/or other similar follow-up services.
Religious Place of assembly. A facility for religious worship and incidental religious education, but not including a private schoolintended for public or private assembly and meetings, including but not limited to civic auditoriums and theatres, banquet halls, community and civic centers, conference and convention facilities, meeting halls for clubs and other membership organizations, and places of worship.
Residential Care facility, large, licensed. Any one of the following residential or nonresidential care facilities, which serves seven or more residents (or clients):
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12 1. A health facility, as defined at Health and Safety Code Ssection 1250, including general acute care hospital; acute psychiatric hospital; skilled nursing facility; intermediate care facility; intermediate care facility/ developmentally disabled – rehabilitative; special hospital; intermediate care facility/developmentally disabled; intermediate care facility/developmentally disabled – nursing; congregate living health facility; correctional treatment center (including inpatient health services and not including facilities providing offender rehabilitation services); nursing facility; and intermediate care facility/developmentally disabled – continuous nursing.
2. A community care facility, as defined at Health and Safety Code Ssection 1502, including:
residential facility; adult day program; therapeutic day services facility; foster family agency; foster family home; small family home; social rehabilitation facility; community treatment facility; full-service adoption agency; noncustodial adoption agency.
3. A residential care facility, as defined at Health and Safety Code Ssection 1568.01 as a residential care facility for persons with chronic, life-threatening illnesses who are 18 years of age or older, or are emancipated minors, and for family units.
4. A residential care facility for the elderly, as defined at Health and Safety Code Ssection 1569.2(k) as a housing arrangement chosen voluntarily by persons 60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.
5. A pediatric day health and respite care facility, as defined at Health and Safety Code Ssection 1760.2 as a facility which provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology dependent children.
6. An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code Ssection 11834.02, licensed by the Sstate.
Residential Care facility, large, unlicensed. A residential facility, not licensed by the Sstate, in which seven or more individuals with a disability reside who are not living together as a family (as defined) and in which every person residing in the facility is an individual with a disability (except the licensee, members of the licensee’s family, or persons employed as facility staff).
School.
1. School, college and university. A public or private post-secondary institution for higher learning that grants associate or bachelor’s degrees and may also have research facility and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges, public or private colleges and universities, and technical schools.
2. School, public or private Privately owned and operated elementary, middle, secondary, or high school, or other institution providing academic instruction for students from kindergarten through 12th grade in compliance with the California Education Code.Facility for primary or secondary education, including elementary, junior high and high school and private institution having a curriculum comparable to that required in the public schools of the State of California.
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13 2.3. School, technical, trade and vocational. A public or private post-secondary school providing occupational, job training, or recreational activities. Recreational activities include music, dance, or martial arts, or art lessons.
Senior housing. Housing that is available only to households in which the head of the household is 55 years of age or older, and which is not a residential care facility (small or large) as defined elsewhere in this sectionChapter.
Utilities, major. Generating plant; electrical substation; above-ground electrical transmission line; switching building; refuse collection and transfer station; processing, recycling or disposal facility; water reservoir; flood control or drainage facility; water or wastewater treatment plant; transportation or communications facility (other than a communication facility as defined in this Chaptersection); and similar facility of a public agency or public utility.
Utilities, minor. Utility facilities that are necessary to support established uses and involve only minor structures such as electrical distribution lines and underground water and sewer lines, and small recycling collection facilities.
Wireless telecommunications facility. A facility that may include but is not limited to a support structure and attached antennas that sends and/or receives radio frequency signals. This includes antennas and all types of equipment for the transmission or receipt of such signals; telecommunications towers or similar structures built to support such equipment, wall-mounted facilities, microwave transmitting and receiving equipment, equipment cabinets and all other related accessory equipment.
18.190.060 Residential Land Use Classifications
Accessory dwelling unit. An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family primary dwelling unit is situated. An accessory dwelling unit also includes: (1) an efficiency unit, as defined in Health and Safety Code Ssection 17958.1, and (2) a manufactured home, as defined in Health and Safety Code Ssection 18007. (Reference: PHMC § 18.20.095.) See Section 18.15.050 (Accessory Dwelling Units).
Junior aAccessory dwelling unit, junior. A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. See Section
18.15.050 (Accessory Dwelling Units).
Bed and breakfast. An establishment offering lodging (with or without incidental meal and/or beverage service) in a single-family residential building and in conjunction with a single-family residential use, for short-term stays of less than 30 consecutive calendar days.
Boarding and lodging. The renting of a room or rooms within an existing single-family dwelling where:
(1) a bedroom or bedrooms are rented, with a separate rental agreement for each room, not for the entire dwelling; (2) for a minimum of 30 consecutive calendar days; (3) with the common use of kitchen facilities; and (4) those occupying the bedroom or bedrooms do not function as a family as defined in PHMC § 18.140.010 Section 18.195.070 (“F” Definitions).
Care facility, large, licensed. Any one of the following residential or nonresidential care facilities, which serves seven or more residents (or clients):
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14 1. A health facility, as defined at Health and Safety Code section 1250, including general acute care hospital; acute psychiatric hospital; skilled nursing facility; intermediate care facility; intermediate care facility/ developmentally disabled – rehabilitative; special hospital; intermediate care facility/developmentally disabled; intermediate care facility/developmentally disabled – nursing; congregate living health facility; correctional treatment center (including inpatient health services and not including facilities providing offender rehabilitation services); nursing facility; and intermediate care facility/developmentally disabled – continuous nursing.
2. A community care facility, as defined at Health and Safety Code section 1502, including:
residential facility; adult day program; therapeutic day services facility; foster family agency; foster family home; small family home; social rehabilitation facility; community treatment facility; full-service adoption agency; noncustodial adoption agency.
3. A residential care facility, as defined at Health and Safety Code section 1568.01 as a residential care facility for persons with chronic, life-threatening illnesses who are 18 years of age or older, or are emancipated minors, and for family units.
4. A residential care facility for the elderly, as defined at Health and Safety Code section 1569.2(k) as a housing arrangement chosen voluntarily by persons 60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.
5. A pediatric day health and respite care facility, as defined at Health and Safety Code section 1760.2, as a facility which provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology dependent children.
6. An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code section 11834.02, licensed by the state. Care facility, large, unlicensed. A residential facility, not licensed by the state, in which seven or more individuals with a disability reside who are not living together as a family (as defined) and in which every person residing in the facility is an individual with a disability (except the licensee, members of the licensee’s family, or persons employed as facility staff).
Cottage food operations. An enterprise that has not more than $50,000 in gross annual sales; operated by a “cottage food operator” (who operates in his or her private home and owns the operation); and having not more than one full-time equivalent employee, not including a family or household member; that involves preparation of “cottage food products” which are nonhazardous foods such as baked goods without cream or meat fillings; candy; chocolate-covered nonperishable foods; dried fruit; dried pasta; dry baking mixes; fruit pies; granola, cereals and trail mixes; herb blends and dried mole paste; honey; jams, jellies, preserves; nut mixes and nut butters; popcorn; vinegar and mustard; roasted coffee and dried tea; waffle cones and pizelles; other items added by the State Public Health Officer on an approved food products list (Health and Saf. Code § 113758).
Emergency homeless shelter. Temporary housing, including interim intervention facilities (i.e., navigation centers, bridge housing, respite or recuperative care),Housing with minimal supportive services for homeless displaced persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (Health and SafSafety. Code Section§ 50801(e)).
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15 Employee housing. Privately owned housing which houses up to six employees in living quarters and is provided in connection with any work, whether rent is involved. Employee housing is subject to the provisions of the Employee Housing Act. In compliance with the Government Code, employee housing, as defined herein, shall be deemed a single family land use and shall be regulated as such for the purposes of this Title.
Employee housing, agricultural. Housing consisting of no more than 36 beds in a group quarter or 12 units or spaces designed for use by a single family or household, or that is approved in compliance with Government Code Section 17021.8, shall be deemed an agricultural land use for the purposes of this Title.
Family day care home. A facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away and is either a large family day care home or a small family day care home, as defined in Health and Safety Code section 1596.78, including:. A family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a multifamily dwelling in which the underlying zoning district allows for residential uses. A family day care home is where the day care provider resides and includes a dwelling that is rented, leased, or owned.
1. Day care home, small family means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code section 1597.44 and as defined in regulations; and [Source:
18.15.020]
2. Day care home, large family means a facility that provides care, protection, and supervision for seven to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code section 1597.465 and as defined in regulations. [Source: 18.15.020]
8. A small family day care home or large family day care home includes a detached singlefamily dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family day care home or large family day care home is where the day care provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.
Group residential. Shared living quarters, in multi-family zoninge districts, with or without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, dormitories, and private residential clubs, but excludes care facilities.
Home occupation. A home occupation is an ongoing activity in a dwelling which provides goods or services where such activity is incidental to the primary use of the dwelling for residential purposes.
See also “Cottage food operations.” (Reference: PHMC § 18.20.070.) Low barrier navigation center. Housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing.
Mobile or manufactured housing. A structure intended for human habitation manufactured or constructed under authority of 42 U.S.C. Sec 5403, Federal Manufactured Home Construction and Safety Standards, or California law (Health and Safety Code Sections 18007 and 18008). The structure Item 10.1
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16 is manufactured either in whole or in substantial part at an off-site location, transported to and assembled on-site, and placed on a permanent foundation.
Mobile home park. Any area of land or property that has at least two mobile homes, manufactured homes, recreational vehicles, and/or lots that are held out for rent or lease.
Multi-family residential. Two or more dwelling units on a site. • Two-Unit Dwelling (Duplex). A residential building designed to accommodate two separate households/living units. These units are usually side by side, sharing a common wall, or stacked one above the other, with each unit having its own entrance and often its own yard or outdoor space.
• Three-Unit Dwelling (Triplex). A residential building designed to accommodate three separate households/living units, each with its own entrance and often separate facilities.
Triplexes can be arranged in various configurations, such as side-by-side, stacked, or a combination of these layouts.
• Four-Unit Dwelling (Fourplex or Quad). A residential building designed to accommodate four separate households/living units, each with its own entrance and amenities. These units can be arranged in different layouts, including all on one floor, stacked in two or more levels, or in a combination of these configurations.
• Multi-Unit Dwelling (Over Five Units). A residential building or complex containing more than five separate living units. This category includes apartment buildings, condominiums, and larger residential complexes with various layouts and shared amenities such as common areas.
Residential cCare facility, small, licensed. A facility which serves (2) serving six or fewer residents (not including the licensee or members of the licensee’s family or staff), (3) and is licensed by the Sstate. Any combination of two or more residential care facilities that are under the control and management of the same owner, operator, management company, licensee, or any affiliate of them, and are integrated components of one operation, are considered one facility.
Residential cCare facility, small, unlicensed. A residential care facility of six or fewer total residents managed under a single operator and designed for short-term stays by each resident as a transition from drug or alcohol rehabilitation or while on parole. Any combination of two or more residential care facilities that are under the control and management of the same owner, operator, management company, licensee, or any affiliate of them, and are integrated components of one operation, are considered one facility.
Senior housing. Housing that is available only to households in which the head of the household is 55 years of age or older, and which is not a residential care facility (small or large) as defined elsewhere in this Ssection.
Single-room occupancy. A single-room occupancy facility is a residential building that includes multiple single-room occupancy units. “Single-room occupancy unit” means housing consisting of single-room dwelling units that are the primary residence of their occupant or occupants. If the singleroom occupancy housing consists of new construction, conversion of nonresidential space, or reconstruction, the unit must contain either food preparation or sanitary facilities, andfacilities and may contain both. If the single-room occupancy housing consists of acquisition or rehabilitation of an existing residential structure or hotel, neither food preparation nor sanitary facilities are required to be in the Item 10.1
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17 unit, but if the units do not contain sanitary facilities, the building must contain sanitary facilities that are shared by tenants.
Single-family residential. An attached or detached residential building designed to accommodate one household/living unit on a single lot. A single-family residential development may be “attached” to another single-family residential development on an adjacent property as allowed by the Building Code.
Single-family residential. One dwelling unit located on a single lot.Single-family residential with boarder or lodger. See “boarding and lodging.” in this Section.
Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving theirhis or her health status, and maximizing theirhis or her ability to live and, when possible, work in the community. “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. Supportive housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning districte.
Transitional housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning districte. [Source: 18.15.020, modified]
18.190.070 Temporary Land Use Classifications
Temporary uUses that are short-term or temporary in nature that are classified separately for purposes of the land use regulations; provided, that the use does not exceed any time limits specified in the Temporary Use Permit as established in Chapter 18.50 (Use Permit, Temporary). . (Reference: PHMC Chapter 18.100, Temporary Use Permit.) If the event takes place partly or wholly on public property, see PHMC Chapter 6.20, (Special Event Permit) of this Title.
Agricultural sales. The seasonal sales of agricultural or horticultural products, including firewood.
Excludes Christmas tree and pumpkins sales, as defined in this Chapter.Seasonal sales of agricultural or horticultural products, including Christmas trees, pumpkins and firewood.
Animal shows or sales. Exhibitions of domestic or large animals. This classification includes animal sales.
Arts and crafts shows, outdoor. Display and sale of painting, sculpture, hand crafts and similar objects.
Christmas tree sales. The seasonal display and sale of Christmas trees and Christmas wreaths.
Includes preparation of the site, fencing, trailers, tents, necessary storage, equipment, and related accessory services (i.e., netting, baling, flocking).
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18 Civic and community events. Special events open to the public.
Commercial filming, limited. Commercial motion picture or video photography at the same location.
Eating and drinking use. Serving of prepared food or beverages for consumption on or off the premises on a site that is not permanently occupied by, or related to, an existing legally established onsite, eating and drinking establishment.
Farmers’ market. Recurring sales of agricultural, horticultural, and other food products that are seasonal in nature.
Live entertainment event. A non-recurring concert, carnival, circus, fair, or other similar event.
Personal property sales. Sales of personal property by a resident. This classification includes garage sales.
Pumpkin sales. The seasonal display and sale of pumpkins. Includes preparation of the site, fencing, trailers, tents, necessary storage, and equipment.
Real estate sales. An on-site office for the marketing, sales or rental of residential, commercial or industrial development. This classification includes “model homes.” Recreational events. Events featuring sports, exercise, physical play, or competitions.
Religious gGroup assembly events. Religious servicesA non-recurring event intended for the meeting or assembly of a, group, club, or membership organization conducted on a site that is not permanently occupied by a religious assemblyplace of assembly use.
Retail sales, outdoor. Retail sales of merchandise in an open or covered outdoor area on the site of a legally established retail business.
Street fair. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.
Swap meet. Retail sale or exchange of new, hand-crafted, or secondhand merchandise.
Trade fairs. Display and sale of goods or equipment related to a specific trade or industry.
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19 Chapter 18.195
Definitions
Item 10.1
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20 Chapter 18.195 Definitions
Sections
18.195.010 “A” Definitions
18.195.020 “B” Definitions
18.195.030 “C” Definitions
18.195.040 “D” Definitions
18.195.050 “E” Definitions
18.195.060 “F” Definitions
18.195.070 “G” Definitions
18.195.080 “H” Definitions
18.195.090 “I” Definitions
18.195.100 “J” Definitions
18.195.110 “K” Definitions
18.195.120 “L” Definitions
18.195.130 “M” Definitions
18.195.140 “N” Definitions
18.195.150 “O” Definitions
18.195.160 “P” Definitions
18.195.170 “Q” Definitions
18.195.180 “R” Definitions
18.195.190 “S” Definitions
18.195.200 “T” Definitions
18.195.210 “U” Definitions
18.195.220 “V” Definitions
18.195.230 “W” Definitions
18.195.240 “X” Definitions
18.195.250 “Y” Definitions
18.195.260 “Z” Definitions
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21 18.195.010 “A” Definitions
Acre, gross. A measure of total land area of any lot including future streets, parks, and other land dedications.
Acre, net. The gross area of a lotsite excluding:
1. Land to be dedicated for required easements for vehicles and rights-of-way, either public or private;
2. Land determined to be hazardous and unbuildable; and/or
3. Land to be dedicated for schools and parks or other facilities dedicated for public use.
Active frontages. Building frontages with occupied spaces that encourage engagement between the building tenants and the public realm. Active frontages allow visual or physical access to the active uses within the building from streets, sidewalks, and paseos.
Affordable housing cost. The maximum cost to rent or purchase a house as defined in Section 50052.5 of the Health and Safety Code (Government’t Code Section§ 65915(d)(1).).
Affordable unit, for rent. Affordable rent (including a reasonable utility allowance) shall not exceed the following:(Health and Saf. Code § 50053.)
1. For extremely low-income households, the product of 30 percent times 30 percent of the area median income adjusted for family size appropriate for the unit;
1.2.For very low-income households, the product of 30 percent% times 50 percent% of the area median income adjusted for family size appropriate for the unit;
2.3.For low-income households whose gross incomes exceed the maximum income for very lowincome households and do not exceed 70 percent of the area median income adjusted for family size, the product of 30 percent% times 760 percent% of the area median income adjusted for family size appropriate for the unit. In addition, for any lower income household that has a gross income that equals or exceeds 70 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household;
3.4.For moderate-income households, affordable housing cost shall not be less than 28 percent of the gross income of the household, nor exceed the product of 35 percent times 110 percent of area median income adjusted for family size appropriate for the unit. In addition, for any moderate-income household that has a gross income that exceeds 110 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 35 percent of the gross income of the household.the product of 30% times 110% of the area median income adjusted for family size appropriate for the unit. (Health and Saf. Code § 50053.) Affordable unit, for sale. Affordable housing cost may not exceed the following:
1. For very low-income households, the product of 30% times 50% of the area median income adjusted for family size appropriate for the unit;
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22 2. For low-income households whose gross incomes exceed the maximum income for very lowincome households and do not exceed 70% of the area median income adjusted for family size, the product of 30% times 70% of the area median income adjusted for family size appropriate for the unit;
3. For moderate-income households, not less than 28% of the gross income of the household, not exceeding the product of 35% times 110% of area median income adjusted for family size appropriate for the unit. (Health and Saf. Code § 50052.5(b).
Affordable units. Living units that are required to be rented at affordable rents or available at affordable housing costs to specified households.
Alteration. Any modification, change, or adjustment made to a building or structure that affects its physical dimensions, design, function, or use.
Animal.
1. Animal, large domestic. An animal other than a rooster, a nondomestic animal or a small domestic animal as defined herein, and which is typically kept in a coop, corral, stable, or pen, including but not limited to equine (e.g., horses, donkeys, and llamas), bovine, porcine, and ratite (e.g., ostrich, emu and rhea) species, other hoofed animals (e.g., goats or sheep) and any variety of fowl other than hens, which are considered small domestic animals for purposes of this sectionas defined in this Section.
2. Animal, nondomestic. A wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.
3. Animal, small domestic. A small animal of the type generally accepted as a pet, including dog, cat, rabbit, songbird, fish, and the like, but not including chicken, rooster, duck, goose, pea fowl, goat, sheep, pig, hog, or the like.
Antenna. Any system of wires, poles, rods, panels, reflecting discs, or similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external and attached to the exterior of a structure or a pole.
Area median income (AMI). The area median income for Contra Costa County as published at Title 25, California Code of Regulations, Ssection 6932.
Attached, building or structure. A building or structure that shares a common wall, is physically connected to another building or structure, or two structures that are less than three feet away from each other as measured from the furthest projection on each structure.
Average percent of slope. The ratio between vertical and horizontal distances expressed in percent; the mathematical expression of which is based upon the formula described below:
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23 Figure 18.__-_
Average Percent of Slope Calculation
18.195.020 “B” Definitions
Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet.
Base density. The maximumlowest number of dwelling units on a particular parcel lot of land which is in conformance complies with the Ggeneral Pplan and all applicable provisions of this Zzoning Ordinance.
Basement. The portion of a building that is completely below grade. If any part of a building story is above grade, it will not be considered a basement. A basement does not count as a story when calculating the "number of stories" for development regulation purposes. However, sub-level floors, including basements, are included in floor area ratio (FAR) calculations. The addition of any access points, as required by the Building Code, does not change the classification of a basement, provided that all other portions of the floor remain below grade.Any building code related access requirements The portion of a building that is completely below grade. If portion of a building story is above grade, it will not be considered a basement. A basement is not considered a Story when calculating “number of stories” for development regulation purposes.
Blockface. The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street, unsubdivided land, watercourse, or Ccity boundary.
Figure 18.__-_
Blockface
Boarder. A person who rents a room within a living unit from a landlord.
Boardinghouse. A building where sleeping rooms are rented to three or more individuals where meals may or may not be provided. Boardinghouse includes the term rooming house.
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24 Breezeway. A roofed, open-sided passageway connecting two structures, such as a house and a garage.
Building. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattel, or property of any kind.
Building height. The vertical distance of a building as measured from the finished grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or from average grade to the highest gable of a pitch or hip roof grade to a base point on the building in compliance with Section
18.45.030 (Height Standards and Exceptions). See definition for “grade.”
18.195.030 “C” Definitions
Caretaker’s quarters. A dwelling unit on the site of a non-residential use, occupied by someone employed to care for a property or facility. Caretaker’s quarters are meant to serve only as a secondary or accessory use to the existing use on the property.
Caretaker’s quarters. A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker.
Child care facility. A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age child care centers. (Gov’t Code §§ 65915(i)(4), 65017.5(a)(1).)
Collection buildings. Buildings with a gross floor area of 225 square feet or less used for the deposit and storage of recyclables.
Commercial cannabis use. Commercial cannabis use means and includes the commercial cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, wholesale or retail delivery, wholesale or retail sale of cannabis and cannabis products, or any combination of such activities, whether or not carried out for profit, and any other activity that requires a license, or may require a license in the future, pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code, Division 10, section 26000 et seq. Without limiting the foregoing, the term “commercial cannabis use” also includes a medical marijuana dispensary, a patient collective or patient cooperative operating under the Compassionate Use Act (Health & Safety Code Section § 11362.5) and/or the Medical Marijuana Program Act (Health & Safety Code Section§ 11362.7 et seq.), as each may be amended; a nonprofit licensee under Business and Professions Code section 26070.5; and a cannabis cooperative association under Business and Professions Code section 26220 et seq.
Conditioned/habitable space for accessory structures. Areas of a structure that include living areas or areas including, but not limited to, heating, air conditioning, power, and plumbing. This area does not include areas such as garages, storage areas, patio covers and other landscape structures.
Condominium project. A housing development of two or more units, the interior space of which are individually owned, with the balance of the property owned by the owners of the individual units. See also Civil Code Ssection 1351(f) and. (Government’t Code Section§ 65915(b)(4).
Construction cost index. The Engineering News Record San Francisco Building Cost Index. If the index ceases to exist, the Ccity Mmanager shall submit another cost index which is in his or hertheir judgment is the nearly equivalent to the original index as possible.
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25 Consumer price index. The U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers for the San Francisco, Oakland, San Jose Metropolitan Statistical Area or, if the index is discontinued, a successor index selected by the Ccity Mmanager.
Container or storage unit. A container or storage unit includes, but is not limited to, any of the following if 15 cubic yards or larger: a debris or trash box, a cargo or storage container, a construction or transport trailer (when detached from the truck trailer). A container or storage unit is not permanently attached to the ground.
A container or storage unit does not include an accessory structure as defined in this Cchapter, or a trash container storage unit placed by the disposal company licensed by the Ccity, when that container is used for regular, weekly garbage pick-up.
Cottage food operations. An enterprise that has not more than $50,000 in gross annual sales; operated by a “cottage food operator” (who operates in theirhis or her private home and owns the operation); and having not more than one full-time equivalent employee, not including a family or household member; that involves preparation of “cottage food products” which are nonhazardous foods such as baked goods without cream or meat fillings; candy; chocolate-covered nonperishable foods; dried fruit; dried pasta; dry baking mixes; fruit pies; granola, cereals and trail mixes; herb blends and dried mole paste; honey; jams, jellies, preserves; nut mixes and nut butters; popcorn; vinegar and mustard; roasted coffee and dried tea; waffle cones and pizelles; other items added by the State Public Health Officer on an approved food products list (Health and Safety Code Section 113758). See also “home occupation.”
Coverage, lot or site. The percentage of a site covered by a building, accessory structure, roof, soffit, trellis, and eave or overhang extending more than two and one-half feet from a wall, and by a deck or above ground pool more than 36 inches in height.
Figure 18.__-_
Lot Coverage
Cultural resource. Improvements, buildings, structures, signs, features, sites, landscapes, trees, or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the Ccity, the Diablo Valley, the Northern California region, or the nation which may be eligible for designation or designated and determined to be appropriate for historic preservation by the Aarchitectural Rreview Ccommission, or by the Ccity Ccouncil on appeal, in compliance withpursuant to the provisions of this the chapterZoning Ordinance.
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26 18.195.040 “D” Definitions
Daylight plane. An inclined plane, beginning at a stated height above grade at a side or rear property line, and extending into the site at a stated upward angle to the horizontal, which may limit the height or horizontal extent of structures at any specific point on the site where the daylight plane is more restrictive than the height limit or the minimum yard applicable at such point on the site.
Figure 18.__-_
Daylight Plane
(The diagram is illustrative)
Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts (see also “balcony”).
Density bonus. As defined by Government Code Section 65915 et seq.A density increase of at least 20%, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density. (See PHMC § 18.20.150). See 2003 General Plan Glossary. (Gov’t Code §§ 65915(g)(1) and (d)(1), 65917.5(a)(2).)
Density bonus housing agreement. A legally binding. recorded agreement between an owner/ developer and the Ccity as described in PHMC § 18.20.150 to ensure that the requirements of that subsection are satisfiedthis Zoning Ordinance and State law are satisfied. The agreement, among other things, shall establish the number of target bonus units, their size, location, terms and conditions of Item 10.1
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27 affordability, and production schedule. The agreement shall also require management and maintenance of the units. See Section 18.15.090 (Density Bonus). (See PHMC § 18.20.150.) Density bonus units. RThose residential dwelling units granted pursuantallowed to the provisions of this title which exceed the otherwise allowable maximum residential density for the development site in compliance with the Zoning Ordinance and State law.
Detached, building or structure. A building or structure shall be considered detached from any other building or structure; provided, the distance is a minimum of three feet from any wall or projection, measured at the closest point. See definition for the term “attached.” Development agreement. A contract between the City and an applicant for a development project, in compliance with Chapter 18.180 (Development Agreement) and Government Code Section 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.
Development standard. Any site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution or regulation.
Driveway. A paved area on a lot necessary to provide direct access for vehicles between a street and either:
1. An area on a residential lot containing four or fewer parking spaces;
2. An aisle between spaces in a parking lot;
3. A loading berth; or
4. A refuse storage area.
18.195.050 “E” Definitions
Electric vehicle (EV) charger. Off-boardA device that supplies electric power to charging equipment used to charge the battery of an electric vehicle.
Electric vehicle charging space (EV space). A space intended for charging electric vehicles.
Electric vehicle charging station (EVCS). One or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. Where a multiport electric vehicle charger can simultaneously charge more than one vehicle, the number of electric vehicle charging stations shall be considered equivalent to the number of electric vehicles that can be simultaneously charged.
Environmental impact report (EIR). An environmental report used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).
Exterior architectural feature. The architectural element embodying style, design, general arrangement, and components of all the outer surfaces of an improvement including, but not limited to, Item 10.1
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28 the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.
18.195.060 “F” Definitions
Family. One or more persons occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family shall not include a fraternal, religious, social, or business group. A family shall be deemed to include domestic employeesworker.
Fence. A barrier made of wire, wood, metal, masonry, or other material used as a screen or enclosure for a yard, equipment, or open space. It includes a wall, gate, or structure used as a fence. A retaining wall, freestanding (monument) sign, or landscape structure is not considered a fence except for that portion which is used as a fence. See Chapter 18.65 (Fences, Walls, and Screening).
Floor area, gross. The total area of all floors in a building, excluding basements, as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and any open porch, deck, balcony, or terrace.
Floor area, net. The total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and an open porch, deck, balcony or terrace.
It also excludes any corridors, hallways, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than seven feet, and, in industrial areas, storage sheds with less than 150 square feet of space, bunkers, electrical substations, smoking shelters, instrument shelters, and similar enclosures.
Floor area ratio (FAR). The gross floor area of a building or buildings on a lot divided by the lot area or site area.
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29 Figure 18.__-_
Floor Area Ratio
(The diagram is illustrative)
For-sale project. A residential project, or portion thereof, which is intended to be sold to an owneroccupant upon completion.
Frontage, building. The frontage of a building is the maximum horizontal dimension of that side of a building abutting on or generally parallel to the front lot line or, in the case of a corner building, the combined maximum horizontal dimensions of the sides of the building abutting or generally parallel to the front lot line and the corner side line.
Frontage types.
4.1. Frontage, (building). The building facade facing a street or public open space.
5.2. Frontage, (site). The width of the site along a street or public open space.
6.3. Frontage, street. The property line or part of the site facing a street or public open space. The street frontage is the length of the front lot line or, in the case of a corner lot, the front lot line plus the corner side lot line.
Frontage (street). The property line or part of the site facing a street or public open space.
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30 18.195.070 “G” Definitions
General plan. The City of Pleasant Hill General Plan, including all its elements and all amendments, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Zoning Ordinance as the "General Plan."The city of Pleasant Hill general plan, as amended.
Grade.
1. Grade, average. The average level on the surface defined as the shortest distance between finished grade at the highest and lowest sides of a structure.
2. Grade, existing. The level of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this chapter.
3. Grade, finished. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.
4. Grade, street. The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.
18.195.080 “H” Definitions
Height. The vertical dimension measured from finished grade, unless otherwise specified. See building height as defined in this Chapter.
Historic district. Any area containing a concentration of improvements which have a special character, historical interest or aesthetic value, which possess integrity of location, design, setting, materials, workmanship, feeling and association, or which represent one or more architectural periods or styles typical of the history of the Ccity, and that has been designated an historic district.
Housing development project. Construction projects Residential construction projects as defined in Government Code Section 65589.5(h)(2). consisting of five or more residential units, including singlefamily and multifamily units, for sale or for rent. For the purposes of PHMC Section§ 18.1520.090 (Density Bonus)150, housing development also includes a subdivision, planned unit development, or condominium project consisting of five or more residential units or unimproved residential lots, the substantial rehabilitation and conversion of an existing commercial building to residential use, and the substantial rehabilitation of an existing multifamily dwelling, where the rehabilitation or conversion would create a net increase of at least five residential units. (Gov’t Code § 65915(j) and (g)(1).)
18.195.090 “I” Definitions
Illumination, direct. Illumination by means of light that travels directly from its source to the viewer’s eye.
Illumination, indirect. Illumination by means only of light cast upon an opaque surface from a concealed source.
Improved pedestrian connection. An elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of Interstate 680.
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31 Incentive or concession. The benefit offered by the City to facilitate construction of eligible affordable housing costs and units as defined by this Chapter. Examples of incentives/concessions include adjustment of development standards, expedited processing of entitlements, relaxation of otherwise applicable entitlement conditions, and provisions for mixed-use activities. See Section 18.15.090 (Density Bonus).and Government Code Section 65915 et seq.Such regulatory incentives or concessions as listed in PHMC § 18.20.150.B.11. (Gov’t Code § 65915(1).) Inclusionary unit. A dwelling unit reserved for occupancy by a low- or very low-income household (as defined by Health and Safety. Code Sections§§ 50079.5 and 50105) with a new residential development.
18.195.100 “J” Definitions
No terms defined.
18.195.110 “K” Definitions
Kitchen. Any room or part of a room or structure which is designed, built, used, or intended to be used forfor the preparation or cooking of food and must contain, at minimum, one or more of the following features, an oven or stove, a refrigerator, and a sink having a drain outlet of larger than one and onehalf inches in diameter. A kitchen may also include a microwave, dishwasher, garbage disposal, or other appliances for cooking, preparing, or storing food. A kitchen does not but not including include a bars, butler’s pantriesy, or similar rooms adjacent to or connected with a kitchen.
18.195.120 “L” Definitions
Land use. The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered, or enlarged or for which either a site or structure is or may be occupied or maintained.
Landscape. To plant and maintain some combination of trees, ground cover, shrubs, vines, flowers, or lawn. Required landscaping may include natural features such as existing or imported rock and structural features including fountains, pools, art work, screens, walls, fences, or benches. A landscaped area may also include a walkway or concrete plaza if it is an integral part of the elements of landscaping described above. Plants on rooftops, porches, or in boxes attached to buildings are not considered landscaping.
Landscaping, interior. A landscaped area(s) or areas within the shortest circumferential line defininga defined the perimeter or exterior boundary of the parking or loading area as shown in Figure 18.__-_, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).
Landscaping, perimeter. A landscaped area adjoining and outside the shortest circumferential line defining the exterior boundary of a parking or loading area as shown in Figure 18.__-_, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).
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32 Figure 18.__-_
Landscaping: Interior/Exterior
Limited inclusionary uni. An additional dwelling unit constructed on a single-family residential lot, which meets the standards for accessory dwelling units.
Living unit. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with and include a kitchencooking, sleeping area, and bathroom facilities.
Lot. A site or parcel of land.
Lot area. The horizontal area within the property lines excluding public-access corridors, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.
Lot depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
Lot line types.
1. Front lot line. A lot line abutting the street or easement providing access to the lot. A lot line that adjoins the front yard of a lot. The front lot line of a corner lot is the shortest street line. If the street lines are the same length, any of the street-abutting lot linesone may be considered the front lot line, unless one street-abutting lot line results in nonconforming setbacks.
a Flag lots. The front lot line of a flag lot (see "flag lot" under "lot types”) is measured at the point where the "pole" meets the bulk ("flag") of the lot parallel to the rear lot line of the lot adjacent to the pole as shown in Figure 18 (Flag Lot Front Lot Line). b Irregular shaped lots. The front lot line of an irregular shaped lot shall be determined by the Zoning Administrator.
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33 Figure 18.__-_
Flag Lot Front Lot Line
5.2. Interior lot line. A lot line not abutting a street.
6.3. Rear lot line. A lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line shall be deemed the rear lot line for the purpose of measuring rear yard depth.
7.4. Side lot line. A lot line that is not a front lot line or a rear lot line.
8.5. Street lot line. A lot line, other than the front lot line, abutting a street.
Lot types.
1. Corner lot. A lot bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees on a street or private driveway serving two or more additional properties or dwelling units (not counting accessory dwelling units). The front yard of a corner lot shall adjoin the shortest street property line; provided, that where street property lines are substantially the same length, the Zzoning Aadministrator shall determine the location of the front yard based on existing or proposed access to the principal building on the lot. See Subsection 18.15.040.D (Corner and Double-Frontage Lot Setbacks) for additional development regulations for corner lots.
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34 2. Double-frontage lot. An interior lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line.. See Subsection 18.15.040.D (Corner and Double-Frontage Lot Setbacks) for additional development regulations for doublefrontage lots.
3. Flag lot. A lot with a narrow strip of land, known as the "staff" or "pole," that provides access to the main, larger portion of the lot, which is often referred to as the "flag." The staff portion typically resembles a flagpole and connects the larger, buildable area of the lot to a public street or private road.
4. Interior lot. A lot other than a corner lot.
3.5. Irregular lot. A lot characterized by boundaries that may have varying lengths, non-parallel sides, or unusual angles, resulting in a form that does not conform to the other lot types defined herein. For the purposes of this Title, the lot lines of an irregular lot shall be determined by the Zoning Administrator.
4.6. Key lot. A key lot is an interior lot whose front yard abuts the rear yard of a corner lot.
Lot width. The average horizontal distance between the side lot lines measured at right angles to the lot depth from the required front yard setback and from the required rear yard setback or from the rearmost point of the lot depth in cases where there is no rear lot line. (See lot depth, lot width diagram.) Figure 18.__-_
Lot Depth and Width
(The diagram is illustrative)
Low-income household. A household whose income does not exceed the low-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant toin compliance with Health and Safety Code Ssection 50079.5.
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35 Lower income household. A lower income household as defined in Civil Code Ssections 51.3 and
51.12 (Government’t Code Section§§ 65915(b)(1) and (c)(1), and Health and Safety. Code Section§ 50079.5.).
18.195.130 “M” Definitions
Market rate units. New living units in residential projects which are not affordable units.
Maximum allowable residential density. The maximum number of residential units permitted by the General Plan city’s zoning ordinance on the date the application is deemed complete. See (Government’t Code Section§ 65915(o)(2).
Mixed-use. A type of dDevelopment projects where a variety of uses such as office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated project.
Mobile recycling unit. An automobile, truck, trailer, or van, licensed by the State Department of Motor Vehicles, which is used for the collection of recyclable materials, including the bins, boxes or containers transported by trucks, vans or trailers and used for the collection of recyclable materials.
Moderate-income household. A household with an annual income between the lower income eligibility limit (usually 80% of the area median family income) and 120% of area median income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to section 50079.5 of the California Health and Safety Code. (Gov’t Code § 65915(c)(2), Health and Saf. Code § 50093.)A household whose income does not exceed the moderate-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development in compliance with Section 50079.5 of the California Health and Safety Code (Government Code Section 65915(c)(2), Health and Safety Code Section 50093).
18.195.140 “N” Definitions
Natural feature. Any tree, plant life, water feature, or rock outcropping.
Noncommercial message or speech. Any message that is not commercial speech, which includes but is not limited to, messages concerning political, religious, social, ideological, public services, and informational topics.
Nonconforming sign, legal. A sign, outdoor advertising structure, or display of any character that was lawfully erected or displayed before the adoption of this Zoning Ordinance, or amendment thereto, but that which does not conform with currently applicable requirements prescribed for the zoning district in which the sign it is located.
Nonconforming structure, legal. A structure that was lawfully erected before the adoption of this Zoning Ordinance, or amendment thereto, but which does not conform with the currently applicable requirements provisions and/or development standards for yard spaces, height of structures, or distances between structures prescribed in the regulationsestablished for the zoning district in which the structure is located (e.g., setbacks, structure height, distance between structures).
Nonconforming use, legal. A use of a structure of land that was lawfully established and maintained before the adoption of this Zoning Ordinance, or amendment thereto, but which does not conform with currently applicable use regulations for which the zoning district in which it is located.
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36 Nonrestricted unit. All units within a housing development excluding the target affordable target units, as defined in this Chapter.
18.195.150 “O” Definitions
Off-street loading facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.
Open space types.
1. Private open space. An open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
2. Shared open space. An open area within a residential development reserved for the exclusive use of residents of the development and their guests.
3. Passive Open Space. An open area outside of a building or structure that is more natural in quality and does not provide facilities or access to users (such as walking paths or seating).
Passive open spaces may include, but are not limited to, bioswales, landscaped areas, and natural habitat.
2.4. Active Open Space. An open space area or recreational area that has any type of user facility (e.g., walking path, benches, restrooms, sports fields or courts). See also "park and recreational facility" definition in Section 18.190.050 (Public and Semi-Public Land Use Classifications).
3.5. Yard. An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this Cchapter, including a front yard, side yard, corner side yard, or rear yard.
Ordinary maintenance and repair. Any work, for which a Bbuilding Ppermit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage. See definition for the term “alteration.”
Outdoor storage. Storage outside of a building of material not intended for immediate sale or exhibition.
Owner. The person(s) or entity(ies) that hold legal or equitable title to a dwelling or lot.
18.195.160 “P” Definitions
Penthouse Rooftop equipment. Any structure located on the roof of a building which encloses mechanical equipment.
Permitted. Allowed without a requirement for approval of a Cconditional Uuse Ppermit or Ttemporary Uuse Ppermit.
Planned development. A development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:
1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
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37 2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance compliance with Civil Code Ssection 1367 or 1367.1et seq. (Government’t Code Section§ 65915(b)(4); Civil Code Section§ 1351(k).)
Porch. A covered platform at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled and is attached to the outside of a building.
Preexisting. In existence prior to the effective date of this chapterZoning Ordinance.
Primary street. A main thoroughfare, including “arterial” through routes and mixed-use, multifunctional streets right -of-way (at least in part along their length), providing access to properties as well as other amenities.
Processing facility. A building or enclosed space used for the collection and processing of recyclable material, and/or used motor oil, by such means as flattening, mechanical sorting, compacting, baling, shredding, grinding, crushing, and cleaning.
1. A light-processing facility occupies less than 45,000 square feet and includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.
2. A heavy-processing facility is any processing facility other than a light-processing facility.
Project. Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this chapter.
Project site. The specific location on which a development, use, structure, or building is proposed.
Published standards. The standards for specific income levels for Contra Costa County, as published under Title 25, California Code of Regulations Ssection 6932.
18.195.170 “Q” Definitions
Qualifying household. A household meeting statutory or regulatory requirements to receive the benefits conferred by a statutory or regulatory program.
Qualifying resident. Senior citizens or other persons eligible to reside in a senior citizen housing development (Civil Code Sections 51.3 and 51.12.).
18.195.180 “R” Definitions
Reasonable accommodation. Providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use, zoning and building regulations, policies, practices and procedures or waiving enforcement, if necessary, to ensure equal access to housing for individuals with disabilities in compliance with Chapter 18.125 (Reasonable Accommodation), and State and Federal fair housing laws.
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38 Recreational Vehicle. In compliance with Health and Safety Section 18010, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all the following criteria:
• It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; • It contains 400 square feet or less of gross area measured at maximum horizontal projections; • It is built on a single chassis; and
• It is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.
Recyclable material. Reusable material including, but not limited to, metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.
Recyclable material does not include refuse or hazardous materials, but may include used motor oil.
Recycling facility. A center for the collection and/or processing of recyclable materials.
Rehabilitation. Restoring a property to make it usable for modern purposes while preserving its important historical, architectural, and cultural features.The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.
Rental projects. A residential project, or portion of itthereof, which is intended to be rented to tenants upon completion.
Resale control. A resale restriction placed on inclusionary units by which the price of such units and income of the purchaser will be restricted in order to assure affordability and occupancy by lower and very low-incomequalifying households and residents.
Residential project. Any planned zoning district, subdivision map, conditional use permit or other discretionary city land use approval entitlement which authorizes five or more living units or residential lots, or living units and residential lots which total five or more in combination. In order to prevent evasion of the provisionsFor the purpose of this Zoning Ordinance, of this chapter,contemporaneous construction of five or more living units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same city land use entitlementapproval, shall also be considered a residential project. Construction shall be considered contemporaneous for all units which do not have completed final inspections for occupancy and which have outstanding, at any one time, any one or more of the following: planned zoning district, subdivision map, conditional use permit or other discretionary city land use approvalsentitlement, or Bbuilding Ppermits, or applications for such an approval or permits.
Residential structure types.
1. Accessory dwelling unit. An attached or detached dwelling unit that is located on a single lot with another, primary dwelling unit and provides complete facilities for independent living for one or more persons. These facilities include permanent provisions for living, sleeping, cooking and sanitation. See Section 18.15.050 (Accessory Dwelling Unit (ADU and JADU)).
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39 1.2.Accessory dwelling unit, junior (JADU). An accessory dwelling unit which is located within the living space of an existing primary single-unit dwelling, as defined in the California Health and Safety Code. See Section 18.15.050 (Accessory Dwelling Unit (ADU and JADU)).
2.3.Dwelling. A building designed exclusively for residential occupancy, including single-family, duplex, and multifamily, but not including a hotel, motel, or boardinghouse.
3.4.Dwelling unit. One or more habitable rooms designed for occupancy by only one or more persons family for living and sleeping purposes and having a kitchen.
4.5. Multi-family dwelling. A building used and designed as a residence forto accommodate two or more separate families households/living units. Each unit has its own living independently of each other with individual entrances, bathrooms, kitchens, and living areas. See “Multifamily Residential” in Section 18.190.060 (Residential Land Use Classifications).
5.6.Single-family dwelling. A building designed exclusively for occupancy by one familyto accommodate one household/living unit on a single lot. See “Single-Family Residential” in Section 18.190.060 (Residential Land Use Classifications).
6. Attached single-family dwelling. A dwelling unit on an individual lot that has at least one common wall with one or more other dwelling units on separate lots.
Reverse vending machine. An automated mechanical device that accepts at least one or more types of empty beverage containers including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine.
1. A single-feed revenue vending machine is designed to accept individual containers one at a time.
2. A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight.
Room, habitable. A room meeting the requirements of the Uniform Building Code and Uniform Housing Code for its intended use (e.g., sleeping, living, cooking, or dining), excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces.
18.195.190 “S” Definitions
Senior citizen housing development. A housing development as defined in California Civil Code Ssection 51.3(b)(4). (Government’t Code Section§ 65915(b)(3).).
Setback line. A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, corner side or rear yard, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, corner side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line.
Shopping center. A unified group of retail businesses and service uses on a single site with common parking facilities. A shopping center may include pads for future buildings.
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40 Short-term stay. The rental of a dwelling or a portion thereof by the owner to another person or group of persons for the lodging or sleeping for a term of less than 30 consecutive calendar days.
Sign. Any identification, description, illustration, or device illuminated or nonilluminated, which is visible to the general public and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, flag, banner, pennant, or placard designed to advertise, identify, or convey information.
Sign types.
1. Animated sign. Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create a special effect or scene.
2. Banner. Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges.
3. Business identification sign. A sign that serves to identify only the name and address of the premises, business, building or portion of building upon which it is located and includes no other advertising such as product lists, phone numbers and hours of operation. Such a sign may include a logo or business symbol.
4. Commercial sign. A sign that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.
5. Directional or informational sign. Any sign erected for the sole purpose of indicating the route to, direction of or location of a given goal, or which provides regulatory or service information of a non-advertising character. Directional and informational signs include but are not limited to: signs that denote the route to any Ccity, community facility, historic place, or hospital; signs directing and regulating traffic; signs directing visitors to tourist-oriented businesses; notices of any utility or transmission company necessary for the direction or safety of the public; and signs, notices or symbols as to the time and place of civic meetings.
6. Directory sign. A pedestrian-oriented sign which identifies or lists the names and locations of tenants at a multi-tenant site.
7. Electronic readerboard. A changeable, moving message sign consisting of a matrix of lamps, light emitting diodes (LEDs), or similar devices which are computer-controlled.
8. Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design, used as a symbol.
9. Flashing sign. An illuminated sign which exhibits changing light or color effect by blinking or any other such means so as to provide a nonconstant illumination.
10. Freestanding sign. A sign which is self-supporting in a fixed location and not attached to a building. It includes a sign connected or attached to a sign structure, fence, pole, wall, tree or other vegetation and which is not an integral part of a building.
11. Grand opening sign. A sign used by newly established businesses to inform the public of their location and services.
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41 12. Incidental sign. A small sign less than one square foot pertaining to goods, products, services or facilities that are available on the premises where the sign occurs and intended primarily for the convenience of the public.
13. Logo. A trademark or company name symbol.
14. Master sign program. A coordinated sign plan which includes details of all signs (not including exempt or temporary signs) which are or will be placed on a site, including master identification, individual business and directory signs.
15. Multiple-story office sign. A wall sign used to identify an office building with three or more above-ground levels.
16. Neon or other gas tube illumination. Illumination affected by a light source consisting of a neon or other gas tube which is bent to form letters, symbols or other shapes.
17. Noncommercial sign. A sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose.
18. Off-premises sign. An outdoor advertising sign advertising a business, product or service not offered on the premises where the sign is located.
19. Open house sign. A temporary portable sign providing direction to residential real property during the period it is on public display for purposes of sale or lease.
20. Panel sign. A wall sign with a background panel integrated into the sign. The background panel is typically treated with paint, tile, metal, wood, mosaic, decorative stone or similar materials to complement the sign design.
21. Portable sign. A sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs with wheels, A-frames, Hframes, menu and sandwich board signs, balloons used as signs, and umbrellas used for advertising.
22. Projecting sign. A sign which is either suspended from an overhang, canopy, or awning, or is suspended from a mounting attached directly to the building wall and hangs perpendicular to the building wall (also known as a blade sign or shingle sign).
23. Real estate sign. Any temporary sign pertaining to the sale, exchange, lease or rental of buildings or real property.
24. Roof sign. A sign installed on a roof or projecting above the eave of a building or mounted on an arcade or parapet.
25. Subdivision directional sign. A sign providing direction to a land development project within the county city pursuant to this chapter.
26. Temporary sign. A sign with commercial or noncommercial text which is intended to be displayed for a limited time. Temporary signs shall include banners or light, rigid material which is not affixed in a permanent manner to the ground or to any structure. Awning signs shall not be considered temporary signs.
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42 27. Theater/cinema sign. A sign, such as a marquee, designed for a theater or cinema, with changeable letters, brighter lights, or other attention-getting features.
28. Time/temperature sign. An electronic or mechanical device which shows time and/or temperature but contains no business identification or advertising. The surface area of the time/temperature display shall be included in the total aggregate sign area of the business.
29. Wall sign. A sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in a place substantially parallel to such exterior building wall to which the sign is attached or supported by. An overhang, attached framework, or other substantial architectural appurtenance may be considered an extension of the building wall.
30. Window sign. A sign attached to, suspended or placed within five feet behind, placed or painted upon, the window or glass door of a building which is intended for viewing from the exterior of such building.
Site. A lot, or group of contiguous lots not divided by a street, other right-of-way, or City limit, and under single ownership or unified control.
Specific plan. A plan for a defined area that is consistent with the general plan and with the provisions of the California Government Code authorizing specific plans.
Stepback. A step-like recession in the profile of a multistory building. A stepback requires the building to take a step back from the street for every increase in height of the structure. Stepbacks can also be a design technique to reduce the visual impact of tall buildings.
Story. The portion of a building included between the upper surface of a floor and the upper surface of the floor next above. The topmost story is that portion of a building included between the upper surface of the topmost floor and the ceiling of the roof above.
Story, half. A half-story is defined below
• Wwhen the finished floor level directly above a useable or unused underfloor space is six feet or less above finished grade, as defined herein for 50 %percent or less than the total building perimeter.
• If the at-grade story is more than 12 feet above grade as defined herein at any point, such space shall be considered a story. When the finished floor level is directly above a story or half storynot starting at the surrounding finished grade, , any story six feet or less is a half-story.
Structure. Anything constructed or erected that requires a location on the ground, including a building, a deck, or a swimming pool, but not including a fences or a walls used as a fence, if the height does not exceed that are eight feet in height or less and, or access drives or walks.
Structure, accessory. An accessory structure is a structure placed on a site, other than the principal, permanent residential structure. An accessory structure must be located on a site with an existing or proposed primary structure. Temporary containers or storage units regulated by PHMC §
18.20.140Section 18.15.050 (Container or Storage Unit), fences or walls eight feet or less in height, decks attached to the principal permanent residential structure, freestanding decks 18 inches or less in height above ground, in-ground pools, and permanent basketball hoops shall not be considered accessory structures.
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43 Swimming pools and hot tubs. Water-filled enclosures having a depth of 18 inches or more used for swimming or recreation.
18.195.200 “T” Definitions
Target unit. A dwelling unit within a housing development which will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to, very low-, low-, or moderateincome households, or other qualifying households, or is a unit in such as senior citizen and student housing development.
18.195.210 “U” Definitions
No terms defined.
18.195.220 “V” Definitions
Very low-income household. A household whose income does not exceed the very low-income limits applicable to Contra Costa County, as published and periodically updated by the State Department of Housing and Community Development pursuant to California Health and Safety Code Ssection 50105 . (Government’t Code Sections§§ 65915(b)(2) and (c)(1).
18.195.230 “W” Definitions
No terms defined.
18.195.240 “X” Definitions
No terms defined.
18.195.250 “Y” Definitions
Yard types.
1. Corner side yard. A side yard on the street side of a corner lot. The depth of the corner side yard is the minimum horizontal distance between the corner side property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.
2. Front yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.
3. Rear yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel to it on the site. On a corner lot, the rear yard extends only to the corner side yard. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.
4. Side yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal Item 10.1
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44 distance between the side property line and a line parallel thereto on the site, except that the corner side yard shall extend to the rear lot line. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.
Figure 18.__-_
Yard Types
18.195.260 “Z” Definitions
No terms defined.
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Part 6 – Definitions and Land Use
Classifications
REVISED PRELIMINARY DRAFT
APRIL 2025
Table of Contents
CHAPTER 18.190 LAND USE CLASSIFICATIONS ........................................................................ 4
18.190.010 Purpose and Applicability............................................................................................... 4
18.190.020 Accessory Land Use Classifications .............................................................................. 4
18.190.030 Commercial Land Use Classifications............................................................................ 4
18.190.040 Industrial Land Use Classifications ................................................................................ 9
18.190.050 Public and Semi-Public Land Use Classifications........................................................ 10
18.190.060 Residential Land Use Classifications ........................................................................... 12
18.190.070 Temporary Land Use Classifications ........................................................................... 15 CHAPTER 18.195 DEFINITIONS.................................................................................................... 18
18.195.010 “A” Definitions............................................................................................................... 19
18.195.020 “B” Definitions............................................................................................................... 20
18.195.030 “C” Definitions............................................................................................................... 21
18.195.040 “D” Definitions............................................................................................................... 23
18.195.050 “E” Definitions............................................................................................................... 25
18.195.060 “F” Definitions ............................................................................................................... 25
18.195.070 “G” Definitions .............................................................................................................. 27
18.195.080 “H” Definitions............................................................................................................... 27
18.195.090 “I” Definitions ................................................................................................................ 27
18.195.100 “J” Definitions ............................................................................................................... 28
18.195.110 “K” Definitions............................................................................................................... 28
18.195.120 “L” Definitions ............................................................................................................... 28
18.195.130 “M” Definitions .............................................................................................................. 32
18.195.140 “N” Definitions............................................................................................................... 32 Item 10.1
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2 18.195.150 “O” Definitions .............................................................................................................. 33
18.195.160 “P” Definitions............................................................................................................... 33
18.195.170 “Q” Definitions .............................................................................................................. 34
18.195.180 “R” Definitions............................................................................................................... 34
18.195.190 “S” Definitions............................................................................................................... 36
18.195.200 “T” Definitions ............................................................................................................... 39
18.195.210 “U” Definitions............................................................................................................... 39
18.195.220 “V” Definitions............................................................................................................... 39
18.195.230 “W” Definitions.............................................................................................................. 40
18.195.240 “X” Definitions............................................................................................................... 40
18.195.250 “Y” Definitions............................................................................................................... 40
18.195.260 “Z” Definitions ............................................................................................................... 41 Item 10.1
City Council Meeting Agenda - Page 1959 of 2120 - Monday, April 21, 2025 Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – April 2025
3 Chapter 18.190
Land Use Classifications
Item 10.1
City Council Meeting Agenda - Page 1960 of 2120 - Monday, April 21, 2025 Chapter 18.190 Land Use Classifications
4 Chapter 18.190 Land Use Classifications
Sections
18.190.010 Purpose and Applicability
18.190.020 Accessory Land Use Classifications
18.190.030 Commercial Land Use Classifications
18.190.040 Industrial Land Use Classifications
18.190.050 Public and Semi-Public Land Use Classifications
18.190.060 Residential Land Use Classifications
18.190.070 Temporary Land Use Classifications
18.190.010 Purpose and Applicability
This Chapter provides definitions for the use classifications established in Part 2 (Zoning District Regulations and Development Standards). The use classifications are organized in the following general categories: accessory, commercial, industrial, public and semi-public, residential, and temporary. If a specific land use or activity is not listed it is at the discretion of the Zoning Administrator to determine which classification shall apply. Use classifications not listed are prohibited unless authorized by Zoning Administrator.
18.190.020 Accessory Land Use Classifications
Accessory use. A use incidental to the principal permitted or a conditionally permitted use on the same site.
18.190.030 Commercial Land Use Classifications
Adult business. An establishment or concern which, as a regular and substantial course of conduct, offers, sells, or distributes adult-oriented merchandise, or which offers to its patrons materials, products, merchandise, services, entertainment or performances that depict, describe, or relate to specified sexual activities: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts. See Chapter 18.50 (Adult Uses).
Ambulance service. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.
Animal sales and services.
1. Animal boarding. Provision of shelter and care for small animals on a commercial basis and large animals on a commercial or noncommercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.
2. Animal clinic. Facility which provides grooming, training or other services to animals, including veterinary services on an outpatient basis with no overnight boarding.
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City Council Meeting Agenda - Page 1961 of 2120 - Monday, April 21, 2025 Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – April 2025
5 3. Animal day care. An establishment that provides care for two or more small animals on a commercial basis, primarily within an enclosed building, with no overnight boarding.
4. Animal grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of 48 hours.
5. Animal hospital. An establishment where small animals receive medical and surgical treatment, including grooming and boarding of animals for no more than 30 days if incidental to the hospital use and limited to animals receiving medical care.
6. Animals: retail sales. Retail sales and boarding of small animals, provided such activities take place entirely within an enclosed building. This classification includes grooming if incidental to the retail use.
7. Riding academy. An establishment offering facilities for instruction in horseback riding, including rings, stables, and exercise areas.
Artists’ studio. Workspace for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.
Automobile maintenance, limited. An establishment engaged in the limited maintenance of automobiles, including, but not limited to, the replacement and refurbishment of motor vehicle fluids (excluding fuel), chassis lubrication, minor tune-ups, smog inspection, and window tint installation, or other similar maintenance of automobiles and light vehicles, excluding washing of the vehicle, waxing, and other cleaning or surface treatment of the vehicle, and those services described under the “automobile, vehicle and equipment repair” use classification.
Automobile service station. An establishment engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories. This classification includes incidental sales of retail products. This also includes maintenance and repair of automobiles when performed in conjunction with the sale of gas or diesel fuel and vehicle washing but excludes body and fender work or repair of heavy trucks or vehicles.
Automobile, vehicle/equipment broker. An office use providing assistance to third parties seeking to buy or sell vehicles or equipment. This classification does not include on-site storage, display or maintenance of vehicles.
Automobile, vehicle/equipment repair. Repair of automobiles, trucks, motorcycles, motor homes or recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shop, wheel and brake shop, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. • With body and fender work. Automobile, vehicle/equipment repair establishments that includes repair of body and fender work.
Automobile, vehicle/equipment sales and rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including storage, incidental repair and maintenance, and other activities accessory to the primary automobile vehicle/equipment sales and rentals, including but not limited to wholesale vehicle sales, Item 10.1
City Council Meeting Agenda - Page 1962 of 2120 - Monday, April 21, 2025 Chapter 18.190 Land Use Classifications
6 unless such accessory uses are expressly limited or prohibited by the terms of the approval issued for the use.
Automobile, vehicle/equipment wholesaler. Wholesaler of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including on-site storage and incidental maintenance.
Automobile washing and exterior protection. Washing, waxing, or cleaning of automobiles or similar light vehicles and the installation of exterior body wraps, coating and protective film, excluding exterior paint.
Banks and savings and loans. A financial institution that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of money, including businesses offering check-cashing facilities. • With drive-up service. Institutions providing services accessible to persons who remain in their automobiles.
Building materials and services. Retailing, wholesaling, or rental of building supplies or equipment.
This classification includes a lumber yard, tool and equipment sales or rental establishment, and building contractors’ yard, but excludes an establishment devoted exclusively to retail sales of paint and hardware and activities classified under vehicle/equipment sales and services, including vehicle towing services.
Cannabis retailer. A facility or premises located in the city where cannabis or cannabis products, in any amount or form, either individually or in combination, are offered or provided for retail sale or other sales or transfer to consumers. A cannabis retailer includes an establishment that delivers cannabis as part of a retail sale. The term “cannabis retailer” includes the following subtypes:
1. Cannabis retailer, medical. A cannabis retailer selling medicinal cannabis and medicinal cannabis products to qualified patients with valid physicians’ recommendations, persons with an identification card, and primary caregivers, as each is defined in Health and Safety Code Section 11362.7, as amended. A medical cannabis retailer includes a medical marijuana dispensary.
2. Cannabis retailer, adult-use. A cannabis retailer selling adult-use cannabis and cannabis products for adults 21 years of age and over.
Cardroom. A gaming club as defined in Business and Professions Code Section 19802.
Catering services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also “Eating and drinking establishment”.) Commercial filming. Commercial motion picture or video photography at the same location for more than six days per quarter of a calendar year.
Commercial parking facility. Lot offering parking to the public for a fee.
Commercial recreation and entertainment. Provision of participant or spectator recreation or entertainment. This classification includes a bingo parlor, bowling alley, billiard parlor, poolroom, ice/roller skating rink, scale-model course, tennis/racquetball court, croquet court, swim club, pinball arcade or electronic games center, and similar uses.
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City Council Meeting Agenda - Page 1963 of 2120 - Monday, April 21, 2025 Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – April 2025
7 Communications facility. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms but excluding major utilities. This classification includes radio, television, or recording studios; telephone switching centers; and data centers.
Eating and drinking establishment. Business serving prepared food or beverages for consumption on or off the premises. Typical uses include, but are not limited to, restaurants, fast food establishments, bars, coffee houses, ice cream/yogurt establishments, and juice bars.
1. With drive-through service. Service from a building to persons in vehicles through an outdoor service window.
2. With live entertainment/dancing inside building. See “Live entertainment.”
3. With outdoor seating. Eating and drinking establishments with seating for patrons outside the building.
Equipment and appliance maintenance and repair services. An establishment providing repair services for personal items and small equipment, such as electronics, appliances, and office machines repair. This classification excludes maintenance and repair of vehicles. (See “Automobile, vehicle and equipment repair”)
Firearm sales. The sale, transfer, lease, or offer for sale or lease of a firearm. For purposes of this chapter, firearm sales shall include sale of ammunition, and the terms “firearm” and “ammunition” shall have the same meanings as set forth in Section 9.35.020 of the Municipal Code. See also “Retail sales.” Fitness facility. An establishment providing multiple types of exercise and physical conditioning services.
Food and beverage sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include a supermarket, grocery, convenience store, liquor store, or delicatessen. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as “catering services” or “eating and drinking establishments”.
Funeral and interment services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human dead. Typical uses include a crematory, columbarium, mausoleum, or mortuary.
Horticulture, limited. The raising of vegetables, flowers, ornamental trees, and shrubs as a commercial enterprise. “Horticulture” does not include the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, as defined in California Health and Safety Code Section 11018.
Hotel. An establishment offering transient lodging on a less than weekly basis where immediate access to rooms is from a fully enclosed area not directly accessible from parking areas on the lot and providing additional services, such as conference and meeting rooms, restaurant, bar, or recreation facilities.
Laboratory. An establishment providing medical or dental laboratory services (including specimen collection facilities) or an establishment with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as “industry, limited.” Live entertainment. Live performance for the purpose of amusing a guest or patron, on a regular scheduled basis, regardless of whether the performers are compensated.
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City Council Meeting Agenda - Page 1964 of 2120 - Monday, April 21, 2025 Chapter 18.190 Land Use Classifications
8 1. Type A. Does not include sound amplification and does not occur between 10:00 p.m. and 9:00 a.m.
2. Type B. Includes sound amplification or occurs between the hours of 10:00 p.m. and 9:00 a.m.
3. Type C. Nightclub or any other commercial establishment with dancing or musical entertainment as the primary use, with food and drink service as the ancillary use.
Maintenance and repair services. An establishment providing off-site repair services for personal items and small equipment, such as appliances and office machines repair, or building maintenance services. This classification excludes maintenance and repair of vehicles; see “Automobile, vehicle and equipment repair.”
Maintenance services establishment. An office establishment providing maintenance and repair services for residential and commercial properties, including businesses such as tree maintenance, pool maintenance, pest extermination services and similar uses. This classification excludes maintenance and repair of vehicles. (See “Automobile, vehicle and equipment repair”) Motel. An establishment offering transient lodging on a less than weekly basis primarily for automobile travelers where a majority of the sleeping units have access directly from parking areas. This classification includes a motor lodge and tourist court.
Nursery. An establishment primarily engaged in the retail sale of plants grown elsewhere. Merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and compost, mulch, soil additives, and fertilizer of any type are stored and sold in package form only.
Office, general. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment, law office, or bail bonds. This classification excludes banks and savings and loan associations.
Office, medical. Offices for a physician, dentist, medical practitioner, psychiatrist, psychologist, acupuncturist, optometrist, chiropractor, or other State of California Medical Board licensed physician or surgeon, including (1) medical/dental laboratories incidental to the medical office use and (2) nonmedical counseling uses.
Pawn shop. An establishment engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.
Personal improvement service. Provision of instructional, educational, or training services or facilities, including photography, fine arts, crafts, dance or music studio, singular specialized workout studios (but not including fitness facilities), driving school, diet center, reducing salon, and similar uses.
Personal services. Provision of recurring services of a personal nature. This classification includes a barber or beauty shop, massage, acupressure, tattoo, tanning, seamstress, tailor, shoe repair, dry cleaning agency (excluding dry cleaning plants), photocopying, Internet access facilities (without food or drink service), self-service laundry, and similar uses.
Pharmacy. An establishment where prescription drugs and medicines are sold and dispensed.
Research and development services. An establishment primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronics research firms and Item 10.1
City Council Meeting Agenda - Page 1965 of 2120 - Monday, April 21, 2025 Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – April 2025
9 pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis.
Retail sales. An establishment engaged in retail sales of goods, including the retail sale of merchandise not specifically listed under another use classification established in this Chapter. This classification includes, but is not limited to, a department store, clothing store, secondhand store, furniture store, and business retailing goods such as: toys, hobby materials, groceries, hand-crafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, baseball cards, coins and other collectibles (e.g., cards, comics), comics, paint and wallpaper, carpeting and floor covering, medical supplies, office supplies, bicycles, and new automotive parts and accessories (including installation, but excluding service activities).
Theater. An establishment providing facilities for motion pictures or dramatic or musical performances and concerts.
Travel services. An establishment providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies.
18.190.040 Industrial Land Use Classifications
Fuel storage and distribution. Establishment engaged in storage and bulk distribution of petroleumbased fuels, including gasoline and diesel fuel and natural gas. This classification excludes automobile service stations.
Industry, custom. Establishment primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment.
1. Small-scale. Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on site. Typical uses include custom bookbinding, ceramic studios, candle-making shops, and custom jewelry manufacture.
2. Artisan/custom product. An establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery, and other ceramics, as well as small glass and metal art and craft products, where any retail sales are incidental to the manufacturing activity.
Industry, limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes bakeries, breweries, dry cleaning plants, printing, and businesses engaged in processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services. • Small-scale. Limited to a maximum gross floor area of 5,000 square feet.
Research and development industry. An establishment primarily engaged in the research, development, and controlled production of high-technology electronic, industrial, or scientific products or commodities for sale. This classification also includes uses such as a biotechnology firm, manufacturer of nontoxic computer components, and uses involving personal fitness science and technology.
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City Council Meeting Agenda - Page 1966 of 2120 - Monday, April 21, 2025 Chapter 18.190 Land Use Classifications
10 Vehicle storage facility. Facilities for transportation vehicles (taxi, limousine, bus) including storage yards with related office, dispatch, and maintenance facilities. This includes storage of parking towaways, impound yard, and storage lot for automobiles, trucks, buses, and recreational vehicles.
Warehousing and storage, limited. Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification excludes wholesale distribution and storage, and vehicle storage.
Wholesale distribution and storage. Establishment engaged in bulk sales of goods primarily to other vendors, with distribution and storage facilities without direct public access.
18.190.050 Public and Semi-Public Land Use Classifications Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of the cemetery.
Community center. A publicly owned facility used for meeting, recreational, or social events.
Cultural institution. Public or nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries.
Day care, general. Provision of nonmedical care for more than 14 persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day care centers for children. (Government Code Sections 65915(i)(4), 65017.5(a)(1)).
Emergency medical care facility. A healthcare establishment that provides immediate medical treatment and care to individuals suffering from urgent, acute illnesses or injuries that require prompt attention. These facilities operate on a 24-hour basis, offering services such as emergency diagnosis, stabilization, and, when necessary, immediate interventions to prevent the deterioration of health. An emergency medical care facility may include, but is not limited to, emergency rooms, urgent care centers, trauma centers, and other specialized emergency care units. These facilities are staffed by licensed healthcare professionals, including physicians, nurses, and other medical personnel trained in emergency medicine.
Government office. Administrative, clerical, or public contact office of a government agency, including a postal facility, together with incidental storage and maintenance of vehicles.
Government maintenance and service facility. A Government facility providing maintenance and repair services for vehicles and equipment and areas for storage of equipment and supplies. This classification includes corporation yards, equipment service centers, and similar facilities.
Park and recreational facility. Noncommercial park, playground, recreation facility, open space, commercial tennis/swimming club, golf course, driving range, or similar facility.
Public safety facility. A facility that provides public safety and emergency services, including, but not limited to, police and fire protection, whether provided by a public entity or by a private entity under contract to a public entity.
• Offender rehabilitation services. Establishments primarily engaged in providing postconviction and/or post-incarceration follow-up services to individuals and/or groups, including, Item 10.1
City Council Meeting Agenda - Page 1967 of 2120 - Monday, April 21, 2025 Part 6 – Definitions and Land Use Classifications Chapter 18.190 Revised Preliminary Draft – April 2025
11 but not limited to: social services, counseling, monitoring, compliance verification, testing, referrals, and/or other similar follow-up services.
Place of assembly. A facility intended for public or private assembly and meetings, including but not limited to civic auditoriums and theatres, banquet halls, community and civic centers, conference and convention facilities, meeting halls for clubs and other membership organizations, and places of worship.
Residential Care facility, large, licensed. Any one of the following residential or nonresidential care facilities, which serves seven or more residents (or clients):
1. A health facility, as defined at Health and Safety Code Section 1250, including general acute care hospital; acute psychiatric hospital; skilled nursing facility; intermediate care facility; intermediate care facility/ developmentally disabled – rehabilitative; special hospital; intermediate care facility/developmentally disabled; intermediate care facility/developmentally disabled – nursing; congregate living health facility; correctional treatment center (including inpatient health services and not including facilities providing offender rehabilitation services); nursing facility; and intermediate care facility/developmentally disabled – continuous nursing.