3. Initiation. An application for a Certificate of Appropriateness may be submitted only by the affected property owner. [Source: 18.45.110.C]
4. Procedure. [Source: 18.45.110.D]
a. Submission of Application. A complete application for a Certificate of Appropriateness shall be submitted to the Zoning Administrator, on a form prescribed by the Planning Division, along with the required fee. [Source:
18.45.110.D.1, modified]
b. Review and Recommendation. Upon a determination that the application is complete, the Zoning Administrator shall review the application and prepare a staff report recommending to the Architectural Review Commission the approval, approval with conditions, or disapproval of the application. A copy of the staff report shall be mailed to the applicant at least 10 days before the application is subject of a public hearing before the Architectural Review Commission. [Source: 18.45.110.D.2, modified]
c. Public Hearing. A public hearing before the Architectural Review Commission for an application for a Certificate of Appropriateness shall be scheduled and Item 10.3
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noticed in compliance with Chapter 18.205 (Notice Requirements). At the public hearing, the Architectural Review Commission shall consider the application, the relevant support materials, the staff report, and public testimony given at the public hearing. After the close of the public hearing, the Architectural Review Commission shall, within a reasonable period of time, approve, approve with conditions, or disapprove the application based on the criteria in Paragraph K.5 of this Subsection. [Source: 18.45.110.D.3, modified] d. Notice of Decision. The Zoning Administrator shall provide a copy of the decision to the applicant by mail within a reasonable period of time after the decision is made. [Source: 18.45.110.D.4, modified]
5. Criteria. To approve an application for a Certificate of Appropriateness, the Architectural Review Commission shall consider: [Source: 18.45.110.E, modified] a. Whether the proposed construction, reconstruction, or relocation is appropriate and consistent with this Subsection and the conservation plan for the historic district. [Source: 18.45.110.E.1, modified] b. Whether the applicant has demonstrated that every reasonable effort will be made to minimize alteration of any structure and preserve its integrity. [Source:
18.45.110.E.2]
c. Whether the distinguishing original qualities or character of a structure or site and its environment will not be destroyed, and the removal or alteration of any historic material or distinctive architectural feature will be avoided, to the greatest extent reasonably practical. [Source: 18.45.110.E.3] d. Whether all structures or sites are recognized as products of their own time and whether alterations that have no historical basis and which seek to create an earlier appearance will be minimized. [Source: 18.45.110.E.4] e. Whether changes which may have taken place in the course of time are evidence of the history and development of a structure or site and its environment and whether such changes, which may have acquired significance in their own right, will be recognized and respected. [Source:
18.45.110.E.5]
f. Whether distinctive stylistic features or examples of skilled craftsmanship which characterize a structure or site will be kept, to the extent reasonably possible. [Source: 18.45.110.E.6]
g. Whether: [Source: 18.45.110.E.7]
i. Proposals for replacement, rather than repair, of deteriorated architectural features are necessary; [Source: 18.45.110.E.7.a] ii. New material will reasonably reflect the material being replaced in composition, design, color, texture, and other visual qualities to the extent reasonably possible; and [Source: 18.45.110.E.7.b] Item 10.3
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iii. Repair or replacement of missing architectural features shall be based on accurate duplication of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other structures. [Source: 18.45.110.E.7.c]
h. Whether every reasonable effort will be made to protect and preserve archaeological resources affected by, or adjacent to, any project. [Source:
18.45.110.E.8]
i. Whether any proposed contemporary design for alterations and additions will destroy significant historical, architectural, or cultural material, and such design will be compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. [Source: 18.45.110.E.9] j. Whether additions or alterations to structures or sites will be done in a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired. [Source: 18.45.110.E.10]
6. Conditions. The Zoning Administrator may recommend, and the Architectural Review Commission may impose, such conditions in a Certificate of Appropriateness that are necessary to accomplish the purposes of this Section and prevent or minimize adverse impacts upon the public and neighborhoods. These conditions shall run with the land and not be affected by a change in ownership. [Source: 18.45.110.F, modified]
7. Appeal for Economic Hardship. On the basis of economic hardship, an applicant may appeal the decision of the Architectural Review Commission on an application for a Certificate of Appropriateness to the Planning Commission by filing a notice of appeal with the Zoning Administrator within 14 days of the date of the decision on the Certificate of Appropriateness, stating the grounds for the appeal. The Zoning Administrator shall forward the notice of appeal and the record of the decision on which the appeal is based to the Planning Commission. [Source: 18.45.110.G, modified] a. Scheduling Hearing. After the receipt of the notice of appeal, the Planning Commission shall hold a hearing on the appeal within a reasonable period of time, or at such time as is mutually agreed upon between the applicant and the Zoning Administrator. [Source: 18.45.110.G.1, modified] b. Decision by Planning Commission. At the hearing, the Planning Commission shall consider the record of the decision on which the appeal is based and hear statements from the applicant and the Zoning Administrator, and any other persons. The Planning Commission may affirm or reverse the decision of the Architectural Review Commission after considering evidence that:
[Source: 18.45.110.G.2, modified]
i. The structure or site is incapable of providing a reasonable economic return on investment, regardless of whether that return represents the most profitable return possible; and [Source: 18.45.110.G.2.a] Item 10.3
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ii. The structure or site cannot be adapted to another use that would provide a reasonable economic return on investment while maintaining the historic or architectural integrity of the structure or site. [Source: 18.45.110.G.2.b]
8. Effect of Issuance of a Certificate of Appropriateness. The issuance of a Certificate of Appropriateness authorizes the development, exterior alteration, restoration, or relocation of the site or structure within the historic district or of the designated cultural resource under the terms of the certificate and authorizes the applicant to apply for a Zoning Permit. A Certificate of Appropriateness shall run with the land. [Source:
18.45.110.G.3, modified]
9. Amendment to a Certificate of Appropriateness. A Certificate of Appropriateness may be amended, extended, or modified only in accord with the procedures and criteria established for its original approval. [Source: 18.45.110.G.4, modified] L. Demolition Permits. A Demolition Permit is required before demolition of any structure or site in an historic district, or of a designated cultural resource. [Source: 18.45.120, modified]
1. Authority. The Architectural Review Commission has the authority to review and approve, approve with conditions, or disapprove a Demolition Permit under this Subsection. [Source: 18.45.120.A, modified]
2. Applicability. Before the demolition of a structure or site in an historic district or of a designated cultural resource, a Demolition Permit shall be approved by the Architectural Review Commission. [Source: 18.45.120.B, modified]
3. Initiation. An application for a Demolition Permit may be submitted only by a qualified applicant. [Source: 18.45.120.C, modified]
4. Procedure. [Source: 18.45.120.D]
a. Submission of Application. A complete application for a Demolition Permit shall be submitted to the Zoning Administrator, on a form prescribed by the Planning Division, along with the required fee. [Source: 18.45.120.D.1, modified] b. Review and Recommendation. When the Zoning Administrator determines the application is complete, the Zoning Administrator shall review the application and prepare a staff report recommending to the Architectural Review Commission the approval, approval with conditions, or disapproval of the application based on the criteria in Paragraph L.5 of this Subsection. A copy of the staff report shall be mailed to the applicant before the public hearing with the Architectural Review Commission. [Source: 18.45.120.D.2, modified] c. Public Hearing. A public hearing before the Architectural Review Commission for an application for a Demolition Permit shall be scheduled and noticed in compliance with Chapter 18.205 (Notice Requirements). At the public hearing, the Architectural Review Commission shall consider the application, the relevant support materials, the staff report, and public testimony. Within a reasonable period of time after the close of the public hearing, the Architectural Item 10.3
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Review Commission shall either defer action on the Demolition Permit for 180 days or approve, approve with conditions, or disapprove the application based on the criteria in Paragraph L.5 of this Subsection. [Source: 18.45.120.D.3, modified]
d. Notice of Decision. The Zoning Administrator shall provide a copy of the decision of the Architectural Review Commission to the applicant by mail within a reasonable period of time after the decision is made. [Source: 18.45.120.D.4, modified]
5. Criteria. To defer action, approve, or approve with conditions an application for a Demolition Permit, the Architectural Review Commission shall consider the proposed demolition in the context of the standards governing demolition that are included in the appropriate historic district conservation plan, the architectural or historic significance, and the value of the structure or site. [Source: 18.45.120.E, modified] a. Deferral of Action. If it is determined that the structure or site has historical, architectural, or cultural interest or value as determined in the appropriate historic district conservation plan, the Architectural Review commission may defer a final decision on an application for a Demolition Permit for 180 days from the date that the application was accepted as complete. i. Upon determining that action is to be deferred, the Architectural Review Commission shall direct the Zoning Administrator to consult with recognized historic preservation organizations and other civic groups, public agencies, and interested citizens and report back to the Architectural Review Commission within such 180-day period as to the feasibility of: [Source: 18.45.120.E.1, modified]
(1) Public or civic acquisition of the structure or site; [Source:
18.45.120.E.1.a]
(2) Relocating one or more of the structures or features of the site so as to preserve its historic or architectural value; or [Source:
18.45.120.E.1.b]
(3) Any other reasonable means of preserving the structure’s or site’s historic or architectural value. [Source: 18.45.120.E.1.c] ii. If at the end of the 180-day period it is demonstrated that the structure or site cannot be preserved through acquisition, relocation, or any other reasonable means, the Demolition Permit shall be issued. [Source: 18.45.120.E.2, modified]
b. Immediate Action. A Demolition Permit shall be issued if the Architectural Review Commission determines that the structure or site has no substantial historical, architectural, or cultural interest or value identified in the appropriate historic district conservation plan. [Source: 18.45.120.E.3, modified] c. Conditions of Approval. The Zoning Administrator may recommend, and the Architectural Review Commission may impose, such conditions in a Item 10.3
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Demolition Permit that are necessary to accomplish the purposes and intent of this Section, and prevent or minimize adverse impacts upon the public and neighborhoods. These conditions shall run with the land and shall not be affected by a change in ownership. [Source: 18.45.120.F, modified]
6. Appeal. Any interested person may appeal the decision of the Architectural Review Commission on an application for a Demolition Permit to the Planning Commission in accord with the provisions of Chapter 18.185 (Appeals and Calls for Review). [Source:
18.45.120.G, modified]
7. Amendment. A Demolition Permit may be amended, extended, or modified only in accord with the procedures and criteria established for its original approval. [Source:
18.45.120.H, modified]
Item 10.3
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Chapter 18.45
Parks and Recreation Zoning
District
Item 10.3
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Chapter 18.45 Parks and Recreation Zoning District
Sections
18.45.010 Purpose and Intent of the Parks and Recreation Zoning District
18.45.020 Permitted Land Uses and Activities
18.45.030 Development Standards for the Parks and Recreation Zoning District
18.45.040 Required Permits and Entitlements
18.45.050 Appeals
18.45.010 Purpose and Intent of the Parks and Recreation Zoning District A. Purpose of Chapter. In addition to the general purposes listed in Section 18.05.020 (Purpose, Intent, and Authority), the purpose of this Chapter is to establish land use regulations and development standards for the Parks and Recreation Zoning District. This Chapter is intended to: [Source: NEW]
1. Preserve, protect, and enhance areas in the City appropriate for parks and recreational facilities consistent with the General Plan and Parks, Facilities & Recreation Master Plan; [Source: NEW]
2. Support the Pleasant Hill Recreation and Park District’s efforts to offer high-quality park and recreation services and facilities; and [Source: NEW]
3. Establish clear land use regulations and development standards for parks and recreation facility development to ensure an efficient project review and entitlement process. [Source: NEW]
B. Summary of Parks and Recreation Zoning District. The purpose of the Parks and Recreation (REC) zoning district is to designate land owned, leased, or otherwise operated by the Pleasant Hill Recreation and Park District that is appropriate for parkland and recreational service provision and facility development. The REC zoning district implements the Parks (P) land use designation in the General Plan. [Source: NEW]
C. Role of the Pleasant Hill Recreation and Park District. The Pleasant Hill Recreation and Park District (Rec & Park) is an independent Special District established in 1951 pursuant to the Public Resources Code of the State of California. The District is governed by a five-member Board of Directors elected by residents within the District’s boundaries during the general election in November of even-numbered years. Rec & Park is a separate government entity from the City of Pleasant Hill and other agencies, with policy direction provided by its Board of Directors. In addition to the City of Pleasant Hill, the Board of Directors is responsible for reviewing and taking action on development proposals for Rec & Park owned properties. [Source: NEW]
Item 10.3
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18.45.020 Permitted Land Uses and Activities
A. Permitted Land Uses. When leased, owned, or operated by the Pleasant Hill Recreation and Park District, the following land uses and activities are permitted subject to the issuance of a Zoning Permit: [Source: NEW]
1. New Facilities and Accessory Structures. The construction of new facilities and the modification/expansion of existing park or recreation facilities and accessory structures, including but not limited to playgrounds, sports fields, childcare centers, community rooms, picnic areas, restrooms, or hiking and biking trails. [Source: NEW]
2. Parks. Development, maintenance, operation, and or modification of parks, open spaces (including passive open space as defined by Part 6 (Definitions)), including alteration of existing park boundaries. [Source: NEW]
B. Other Land Uses and Activities. Any land use or activity not established in Subsection A, above, and land uses which are not owned, leased, or operated by the Pleasant Hill Recreation and Park District are not permitted. [Source: NEW]
18.45.030 Development Standards for the Parks and Recreation Zoning District A. Density. Consistent with the General Plan, there is no established minimum or maximum density (e.g., floor area ratio (FAR) or dwelling units per acre) for lots within the REC zoning district. [Source: NEW]
B. CEQA Review. All development within the REC zoning district is subject to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.). [Source: NEW]
C. Applicability of Development Standards. All development within the REC zoning district shall comply with the development standards established in Table 18.45-A (Parks and Recreation Land Use Regulations). If a project does not meet these standards, entitlement permits are required, including, but not limited to, a Development Plan, Architectural Review, Minor Exception, Variance, and/or Use Permit shall be obtained. The applicable review authority has the discretion to approve, approve with conditions, or deny these applications. [Source: NEW] D. Additional Regulations. The following development standards are applicable to the REC zoning district and can be found in Part 3 and Part 5 of this Title. [Source: 18.20.030.C, modified]
1. General Site and Development Standards (Chapter 18.55). [Source: 18.20.030.C.1, modified]
2. Nonconforming uses and structures (Chapter 18.200). [Source: 18.20.030.C.4, modified]
3. Water-Efficient Landscaping (Chapter 18.105).
4. Off-Street Parking and Loading (Chapter 18.80).
Item 10.3
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18.45.040 Required Permits and Entitlements
A. Exempt Activities. The following activities within the REC zoning district are exempt from City Review:
1. Structures and Buildings. Routine maintenance or repairs to existing park facilities, structures, or equipment, where no expansion of use or development is proposed.
2. Landscaping. Installation, modification, maintenance, or removal of landscaping materials, including irrigation systems.
3. Tree Removal. Removal of trees, both protected and not protected under Chapter
18.90 (Tree Preservation).
4. Signs. Signs within the REC zoning district, including the number, size, and location, that comply with the requirements established in Chapter 18.95 (Signs).
B. Zoning Permit Required. Any new buildings, accessory structures (e.g., field light, play equipment), and building modifications, where an expansion of use or development is proposed, that complies with the development standards established in Table 18.45-A (Parks and Recreation Land Use Regulations). These land uses shall also comply with all applicable development, grading, and building code standards requirements. If a project does not comply with the standards established in Table 18.45-A (Parks and Recreation Land Use Regulations), then entitlement permits are required, including, but not limited to, a Development Plan, Architectural Review, Minor Exception, Variance, and/or Use Permit.
C. Other Permits and Entitlements. The following activities within the REC zoning district require the issuance of additional permits or entitlements, such as a Development Plan Permit, Table 18.45-A: Parks and Recreation Land Use Regulations Development Standard
(minimum unless stated otherwise)
Zoning District
Additional Development
Regulations REC
Setbacks (Buildings and Accessory Structures)
Front (ft) 20
Rear (ft) 15
Side (ft) 5
Corner Side (ft) 15
Aggregate Side (ft) 15
Creek Setbacks See Chapter 18.70 regarding creek
setbacks.
Scenic Route Setback (ft) 25
Height and Lot Coverage (maximum)
Building and Accessory Structure Height (ft) 35
Lot Coverage 30%
Floor Area Ratio –
Item 10.3
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Architectural Review Permit, Building Permit, and Grading Permit, before a land use can be established:
1. Subdivision Map Actions. In addition to issuance of a Zoning Permit, all subdivisions, parcel mergers, lot line adjustments, and other parcel modification requests shall comply with Title 17 (Subdivisions) and all applicable provisions established in the Subdivision Map Act. [Source: NEW]
2. Land Use Entitlements. All new buildings and building modifications that do not comply with the development standards established in Table 18.45-A (Parks and Recreation Land Use Regulations), shall require the issuance of additional land use entitlements including, but not limited to, Development Plan , Architectural Review, or Use Permit. [Source: NEW]
18.45.050 Appeals
A. Zoning Permit. Zoning Permits issued to the Pleasant Hill Recreation and Park District in compliance with this Chapter are exempt from the appeals process established in Chapter
18.185 (Appeals and Calls for Review). [Source: NEW]
B. Use Permit or other Discretionary Entitlements. Decisions regarding Use Permits and other discretionary entitlements are subject to the appeals process in Chapter 18.185 (Appeals and Calls for Review) and may be appealed in compliance with its provisions. [Source: NEW] Item 10.3
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Chapter 18.50
Open Space Zoning District
Item 10.3
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Chapter 18.50 Open Space Zoning District
Sections
18.50.010 Purpose and Intent of the Open Space Zoning District
18.50.020 Permitted Land Uses and Activities
18.50.030 Development Standards for the Open Space Zoning District
18.50.010 Purpose and Intent of the Open Space Zoning District A. Purpose of Chapter. In addition to the general purposes listed in Section 18.05.020 (Purpose, Intent, and Authority), this Chapter establishes land use regulations and development standards for the Open Space (OS) Zoning District. The standards in this Chapter are intended to: [Source: NEW]
1. Preserve and protect natural resources; [Source: NEW]
2. Maintain scenic views and open landscapes to improve community quality of life. [Source: NEW]
3. Establish clear land use regulations for Open Space zoned parcels to ensure consistency with the General Plan. [Source: NEW]
B. Summary of the Open Space Zoning District. The purpose of the Open Space (OS) zoning district is to designate land with environmental, scenic, or conservation value. Lands in this district are intended to remain largely undeveloped to protect natural resources, preserve wildlife habitats, support watershed protection, and maintain the landscape’s natural character.
The OS zoning district implements the Open Space (OS) land use designation in the General Plan. [Source: NEW]
18.50.020 Permitted Land Uses and Activities
No development or land use activities are permitted within the OS zoning district except those expressly permitted by this Chapter or as required by applicable State or Federal law. Any proposed activity or land use within the OS district must comply with the regulations established in this Chapter and Zoning Ordinance.
A. Permitted Land Uses and Activities. The following land uses and activities are permitted in the OS zone subject to all other applicable standards established in this Chapter: [Source: NEW]
1. Habitat Conservation and Restoration: Protection and restoration of natural habitats, including wetlands, forests, and grasslands.
2. Watershed Protection: Activities related to the protection and management of watersheds, including water resource conservation and stormwater management.
3. Cultural and Historic Resource Protection: Preservation and maintenance of sites with historical, archaeological, or cultural significance.
Item 10.3
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4. Utility Easements: Installation and maintenance of essential public utilities (such as power lines or water pipelines) when aligned with local, state, or federal regulations.
B. Other Land Uses and Activities. Any land use or activity not established in Subsection A, above, are not permitted in the OS zoning district. [Source: NEW]
18.50.030 Development Standards for the Open Space Zoning District A. Density. Consistent with the General Plan, there is no established minimum or maximum density (e.g., floor area ratio (FAR) or dwelling units per acre) for lots within the OS zoning district. [Source: NEW]
B. CEQA Review. All development within the OS zoning district is subject to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.). [Source: NEW]
C. Development Standards. Development standards for the OS zoning district, including but not limited to setbacks, lot coverage, and building height, shall be consistent with the purpose and intent of the OS zoning district and shall be established by the Zoning Administrator. [Source:
NEW]
D. Additional Regulations. The following development standards are applicable to the OS zoning district and can be found in Part 3 and Part 5 of this Title. [Source: NEW]
1. General Site and Development Standards (Chapter 18.55); [Source: NEW]
2. Signs (Chapter 18.95); [Source: NEW]
3. Nonconforming uses and structures (Chapter 18.200); [Source: NEW]
4. Water-Efficient Landscaping (Chapter 18.105); [Source: NEW]
5. Creek setbacks (Chapter 18.70); and [Source: NEW]
6. Tree removal (Chapter 18.100) [Source: NEW]
Item 10.3
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Part 3
Regulations Applicable to All
Zoning Districts
Item 10.3
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Title 18 – City of Pleasant Hill Zoning
Ordinance
Part 3 – Regulations Applicable to
All Zoning Districts
PUBLIC REVIEW DRAFT
OCTOBER 2025
Table of Contents
CHAPTER 18.55 GENERAL SITE AND DEVELOPMENT STANDARDS................................. 170
18.55.010 Purpose and Applicability ............................................................................................. 170
18.55.020 Development on Lots Divided by Zoning District Boundaries ...................................... 170
18.55.030 Height Standards and Exceptions................................................................................ 170
18.55.040 Measurements.............................................................................................................. 172
18.55.050 Refuse and Storage Areas ........................................................................................... 175
18.55.060 Relocated Structures.................................................................................................... 175
18.55.070 Traffic Safety Visibility Area.......................................................................................... 176
18.55.080 Structure Projections and Encroachments into Setbacks ............................................ 177
18.55.090 Underground Utilities.................................................................................................... 178 CHAPTER 18.60 ADULT BUSINESSES.................................................................................... 180
18.60.010 Purpose and Applicability ............................................................................................. 180
18.60.020 Applicability to Other Regulations ................................................................................ 180
18.60.030 Separation Requirements............................................................................................. 180
18.60.040 Development and Operational Standards .................................................................... 182
18.60.050 Adult Use Development Permit Required .................................................................... 184
18.60.060 Conduct Constituting a Public Nuisance...................................................................... 184
18.60.070 Violations...................................................................................................................... 184
18.60.080 Amortization of Legal Nonconforming Uses................................................................. 185 CHAPTER 18.65 CANNABIS...................................................................................................... 189
18.65.010 Personal Cultivation of Cannabis ................................................................................. 189 Item 10.3
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18.65.020 Commercial Cannabis Uses......................................................................................... 190
18.65.030 Cannabis Retailers ....................................................................................................... 190 CHAPTER 18.70 CREEK SETBACKS....................................................................................... 193
18.70.010 Purpose and Applicability ............................................................................................. 193
18.70.020 Setback Standards ....................................................................................................... 193
18.70.030 Setback Exceptions...................................................................................................... 195
18.70.040 Additional Regulations.................................................................................................. 196 CHAPTER 18.75 FENCES, WALLS, AND SCREENING........................................................... 199
18.75.010 Purpose and Applicability ............................................................................................. 199
18.75.020 Height Limitations......................................................................................................... 199
18.75.030 Fence and Wall Standards ........................................................................................... 200
18.75.040 Screening of Mechanical Equipment............................................................................ 201
18.75.050 Swimming Pools and Hot Tubs .................................................................................... 201 CHAPTER 18.80 OFF-STREET PARKING AND LOADING...................................................... 204
18.80.010 Purpose and Applicability ............................................................................................. 204
18.80.020 General Requirements for Off-Street Parking and Loading......................................... 205
18.80.030 Number of Spaces Required........................................................................................ 205
18.80.040 Shared Parking Facilities.............................................................................................. 210
18.80.050 Reduced Parking for Use Classifications ..................................................................... 211
18.80.060 Parking Reductions Allowed Within Priority Development and Transit Uses .............. 212
18.80.070 Minor Adjustments to Parking Design Standards......................................................... 212
18.80.080 ADA Compliant Parking Spaces................................................................................... 212
18.80.090 Electric Vehicle (EV), Bicycle, and Alternative Transportation..................................... 212
18.80.100 Parking Space and Drive Aisle Dimensions................................................................. 214
18.80.110 Driveways and Site Access .......................................................................................... 217
18.80.120 Screening, Lighting, and Landscaping......................................................................... 220
18.80.130 Additional Design Standards for Parking Facilities ...................................................... 221
18.80.140 Location and Design of Off-Street Loading Spaces..................................................... 223 CHAPTER 18.85 PERFORMANCE STANDARDS..................................................................... 225
18.85.010 Purpose and Applicability ............................................................................................. 225
18.85.020 Noise ............................................................................................................................ 225
18.85.030 Vibration ....................................................................................................................... 226
18.85.040 Odors............................................................................................................................ 226
18.85.050 Hazardous Materials .................................................................................................... 226
18.85.060 Heat and Humidity........................................................................................................ 226
18.85.070 Electromagnetic Interference ....................................................................................... 226 Item 10.3
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CHAPTER 18.90 SCENIC ROUTE SETBACKS ........................................................................ 228
18.90.010 Purpose and Applicability ............................................................................................. 228
18.90.020 Designated Scenic Routes and Corridors .................................................................... 228
18.90.030 Setback Requirements ................................................................................................. 228 CHAPTER 18.95 SIGNS ............................................................................................................. 230
18.95.010 Purpose and Applicability ............................................................................................. 230
18.95.020 General Standards ....................................................................................................... 231
18.95.030 Permit Required............................................................................................................ 231
18.95.040 Exempt Signs ............................................................................................................... 232
18.95.050 Prohibited Signs ........................................................................................................... 235
18.95.060 Maximum Wall Sign Area............................................................................................. 236
18.95.070 Specific Sign Standards ............................................................................................... 238
18.95.080 Sign Design Guidelines ................................................................................................ 242
18.95.090 Temporary Sign Standards .......................................................................................... 242
18.95.100 Standards for Other Types of Temporary Commercial Signs ...................................... 244
18.95.110 Master Sign Program ................................................................................................... 245
18.95.120 Minor Sign Adjustment ................................................................................................. 246
18.95.130 Major Sign Adjustment ................................................................................................. 246
18.95.140 Maintenance, Abandonment, and Obsolete Signs....................................................... 246
18.95.150 Enforcement ................................................................................................................. 247 CHAPTER 18.100 TREE PRESERVATION ................................................................................. 250
18.100.010 Purpose and Applicability ............................................................................................. 250
18.100.020 Definitions..................................................................................................................... 250
18.100.030 Permit Required............................................................................................................ 251
18.100.040 Exemptions................................................................................................................... 256
18.100.050 Preservation and Replacement Plan............................................................................ 257
18.100.060 Performance Security................................................................................................... 258
18.100.070 Heritage Trees.............................................................................................................. 258
18.100.080 Conditions of Approval ................................................................................................. 259
18.100.090 Penalties....................................................................................................................... 259
18.100.100 Referral......................................................................................................................... 260
18.100.110 Tree Removal Permit Expiration .................................................................................. 260
18.100.120 Appeals......................................................................................................................... 260 CHAPTER 18.105 WATER-EFFICIENT LANDSCAPING............................................................ 262
18.105.010 Purpose and Applicability ............................................................................................. 262 Item 10.3
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18.105.020 Forms – Zoning Administrator Review ......................................................................... 263
18.105.030 Submittal Requirements ............................................................................................... 264
18.105.040 Water-Efficient Landscape Standards.......................................................................... 265
18.105.050 Landscape Plan Requirements .................................................................................... 265
18.105.060 Landscape Water Irrigation Audit................................................................................. 265
18.105.070 Certifications................................................................................................................. 266
18.105.080 Landscape and Irrigation Maintenance Schedule........................................................ 266
18.105.090 Provisions for Existing Landscaping ............................................................................ 267
18.105.100 Disclosures................................................................................................................... 268
18.105.110 Fees.............................................................................................................................. 268
18.105.120 Irrigation Efficiency ....................................................................................................... 268
18.105.130 Reporting...................................................................................................................... 268 CHAPTER 18.110 WIRELESS TELECOMMUNICATIONS ......................................................... 271
18.110.010 Purpose and Applicability ............................................................................................. 271
18.110.020 Exemptions................................................................................................................... 271
18.110.030 Permits Required.......................................................................................................... 273
18.110.040 Application Submittal Requirements ............................................................................ 275
18.110.050 Findings ........................................................................................................................ 275
18.110.060 General Development Standards................................................................................. 276
18.110.070 Nonconforming Provisions ........................................................................................... 280
18.110.080 Exceptions.................................................................................................................... 280
18.110.090 Standard Conditions of Approval.................................................................................. 281
18.110.100 Conditions of Approval for Section 6409(a) Modifications ........................................... 285
18.110.110 Timing of Review.......................................................................................................... 288
18.110.120 Peer Review ................................................................................................................. 288
18.110.130 Decision........................................................................................................................ 288
18.110.140 Revocation.................................................................................................................... 289
18.110.150 Appeal .......................................................................................................................... 289 Item 10.3
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Chapter 18.55
General Site and Development
Standards
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Chapter 18.51 General Site and Development Standards
Sections
18.55.010 Purpose and Applicability
18.55.020 Development on Lots Divided by Zoning District Boundaries
18.55.030 Height Standards and Exceptions
18.55.040 Measurements
18.55.050 Refuse and Storage Areas
18.55.060 Relocated Structures
18.55.070 Traffic Safety Visibility Area
18.55.080 Structure Projections and Encroachments into Setbacks
18.55.090 Underground Utilities
18.51.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish reasonable and necessary standards for development in the City. These standards are established to ensure that Pleasant Hill develops in a manner that promotes efficient and orderly community growth. [Source: NEW] B. Applicability. The standards of this Chapter apply to all development projects in all zoning districts unless otherwise specified. [Source: NEW]
18.51.020 Development on Lots Divided by Zoning District Boundaries The regulations applicable to each zoning district shall be applied to the area within that zoning district.
No use other than parking serving a principal use on the site shall be located in a zoning district in which it is not a permitted or conditionally permitted use. Pedestrian or vehicle access from a right-ofway to a particular use on a property, must not pass through any area of the property that is zoned in a way that does not permit that use, either by right or with conditions. [Source: 18.50.040]
18.51.030 Height Standards and Exceptions
A. The following building features may exceed the maximum allowed height in a zoning district by eight feet with no discretionary review, if they do not cover more than 20 percent of the top floor roof area of the structure to which they are accessory: [Source: 18.50.040]
1. Tower
2. Spire
3. Cupola
4. Chimney
5. Elevator
6. Water tank
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7. Monument
8. Theater scenery loft, and
9. Similar structures and necessary mechanical apparatuses. [Source: 18.50.040] B. Measuring Building Height. The height of buildings is measured as provided in the California Building Standards Code (Title 24) as adopted by the City. [Source: 18.145.050.A]
1. Base Points. The height of a building is the vertical distance above the base point that yields the greater height of the building as described below and shown in Figure 18.55- 1 (Measuring Height): [Source: 18.145.050.A]
a. Base Point 1. The elevation of the highest adjoining sidewalk or existing grade within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or existing grade is not more than five feet above lowest grade. [Source: 18.145.050.A.1]
b. Base Point 2. The elevation that is five feet higher than the lowest grade when the sidewalk or existing grade described in Subparagraph 1.a of this Subsection is more than five feet above lowest grade. [Source:
18.145.050.A.2]
Figure 18.55-1
Measuring Height
2. Roof Types. See Figure 18.55-2 (Roof Types – Height Measurement). a. Flat Roofs. Height is measured to the top of the parapet. If there is no parapet, height is measured to the highest point of the roof. [Source: 18.145.050.A] b. Mansard Roofs. Height is measured to the deck line. [Source: 18.145.050.A] c. Pitched and Hipped Roofs. Height is measured to the average height of the highest gable that has a roof pitch of 12/12 or less. For roofs with a pitch steeper than 12/12, height is measured to the highest point. [Source:
18.145.050.A]
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d. Other Roof Types. For other roof types (such as domed, vaulted, or pyramidal), height is measured to the highest point. [Source: 18.145.050.A] e. Stepped or Terraced Structures. The height is the maximum height of any segment of the building. [Source: 18.145.050.A]
Figure 18.55-2
Roof Types – Height Measurement
C. The height of other structures, such as fences, shall be the vertical distance from the ground level immediately under the structure to the top of the structure, provided the ground level, when extended five feet from the structure, is equal to or higher than the elevation under the structure. Special height measurement provisions are as follows. [Source: 18.145.020.B]
1. Walls or Fences on Slopes. The height of walls or fences located on sloping ground shall be measured from the ground level on the higher side of the wall or fence for the purpose of determining compliance with maximum allowable height requirements. [Source: 18.145.020.B.1]
2. Retaining Walls and Fences. The height of retaining walls, and fences on top of retaining walls, shall be measured as a combined height of a retaining wall, fence, or screen from the ground level on the higher side of the combined wall, fence, or screen for the purpose of determining compliance with maximum allowable height requirements. [Source: 18.145.020.B.2]
3. Decks. Deck height shall be measured from the lowest existing grade where the deck meets the ground to the top of the floor of the deck. [Source: 18.145.020.B.3]
4. Accessory Structures. The height of accessory structures, such as sheds, detached garages, pergolas and trellises is the vertical distance from the ground level immediately under the structure to the highest point at the top of a structure. [Source:
18.145.020.B.4]
18.51.040 Measurements
This Section explains how various measurements referenced in this Zoning Ordinance are to be calculated. [Source: 18.145.010]
A. Fractions. When calculations for requirements that must be expressed as a whole number (i.e., housing units, trees) result in fractions, the results shall be rounded as follows: [Source:
18.145.020]
1. Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result shall be rounded up to the next whole number. For Item 10.3
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example, if a minimum requirement of one tree for every 30 feet is applied to a 50-foot strip, the resulting fraction of 1.37 is rounded up to two required trees. [Source:
18.145.020.A]
2. Maximum Limits. When a regulation is expressed in terms of maximum limits, no rounding is to be done. The maximum limit cannot be exceeded by any whole or fractional number. For example, if a maximum limit of lot coverage is 30 percent, the maximum limit is 30 percent, no rounding down to 30 percent for fractions. [Source:
18.145.020.B]
B. Measuring Distances.
1. When determining distances for setbacks and structure dimensions, all distances shall be measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. Distances shall not be measured by following the topography of the land. See Figure 18.55-3 (Horizontal Plane Measurement). [Source: 18.145.030.A]
Figure 18.55-3
Horizontal Plane Measurement
1. Measurements Involving a Building. Measurements involving a building are made to the closest wall of the structure. Other features, such as covered porches and entrances, are included in the measurement except as specified in Section
18.55.030.C.4 (Accessory Structures) and Section 18.55.080 (Structure Projections and Encroachments into Setbacks). See Figure 18.55-4 (Determination of Closest Distance). [Source: 18.145.030.D]
2. Measurements Involving an Accessory Structure. Measurements involving an accessory structure are made to and from, the furthest projection. See Figure 18.55-4 (Determination of Closest Distance). [NEW]
Note: This figure is for representative purposes only. The point at which distance is measured from the building may vary based on the design of the structure.
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Figure 18.55-4
Determination of Closest Distance
3. Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, shall be measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the arc of the driveway or traffic lane. See Figure
18.55-5 (Measuring Vehicle Stacking Areas). [Source: 18.145.030.C] Figure 18.55-5
Measuring Vehicle Stacking Areas
4. Underground Structures. Structures that are entirely underground are not included in measuring required distances. See Figure 18.55-6 (Underground Structures). [Source:
18.145.030.E]
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Figure 18.55-6
Underground Structures
C. Measuring Distances on Maps. Zoning district boundaries that are shown crossing lots are usually based on a topographic feature or a set measurement from a property line or topographic feature, such as the top of slope or the middle of stream. When zoning district boundaries are shown crossing properties with no clear indication of the basis for the line, exact distances are to be determined by scaling the distances from the zoning map, using the center of the zone line on the map. [Source: 18.145.040, modified] D. Measuring a Radius. The measured specified distance from a particular project shall be the required distance in a straight line, without regard to intervening structures or objects, from all points along the lot line of the proposed project [Source: 18.145.060, modified]
18.51.050 Refuse and Storage Areas
A refuse storage area shall be screened on all sides by a six-foot high solid wood or masonry wall and include a solid roof, or located within a building, before occupancy for all uses other than a single-family residence or duplex. Locations, horizontal dimensions, and general design parameters of refuse storage areas shall be as prescribed by the Architectural Review Commission. [Source: 18.50.070, modified]
18.51.060 Relocated Structures
An Architectural Review Permit and Minor Use Permit is required for relocation of any building except a single-family dwelling. The design of all relocated buildings shall be approved by the Architectural Item 10.3
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Review Commission to ensure compatibility with its surroundings in terms of architectural character, height and mass, and exterior appearance. See also Chapter 14.45 (House Moving) [Source:
18.50.080].
18.51.070 Traffic Safety Visibility Area
A. Purpose and Applicability. Development proposed adjacent to any public or private street, driveway, right-of-way easement, or alley intersection, shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety, free from vegetation, structures, signs, or other obstructions. [Source: NEW]
B. Measurement of the Traffic Safety Visibility Area. The traffic safety visibility area shall be measured as follows:
1. Intersections. On standard corner lots abutting a local street or alley, where the corner forms a 90-degree angle, the traffic safety visibility area shall be formed by a 90-degree triangle with two sides measuring 35 feet along both the front and side street curb lines, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. Figure 18.55-7 (Traffic Safety Visibility Area). [Source: 18.50.100.A]
2. Alleys, Driveways, and Right-of-Way Easements. On lots containing or abutting a lot containing an alley, driveway, or right-of-way easement, the traffic safety visibility area shall be formed by a 90-degree triangle with two sides measuring 15 feet (20 feet for non-single-family uses) along each side of the driveway and the street curb line abutting the roadway, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. See Figure 18.55-7 (Traffic Safety Visibility Area). [Source: Source: 18.55.130]
3. Irregular Corner Lots. For corner lots which are not flat, are irregularly shaped, or are adjacent to a collector street, arterial, or expressway, the City Engineer may impose a different standard in order to provide adequate visibility, comparable to that on a standard, lot where the corner forms a 90-degree angle. [Source: 18.50.100.A] C. Height Limit. No structure, sign, landscape element, or other obstruction shall exceed 30 inches in height above roadway curb level, or 36 inches above grade, within the traffic safety visibility area, unless approved by the City Engineer, except for trees with their canopy to a minimum of seven feet above grade. [Source: 18.50.100.A]
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Figure 18.55-7
Traffic Safety Visibility Area
18.51.080 Structure Projections and Encroachments into Setbacks A projection into a required setback is allowed as follows: [Source: 18.50.020] A. Fireplace or chimney: 18 inches into a front, rear, or side setback; [Source: 18.50.020.A] B. Cornice (no vertical ground support or foundation), eave (no vertical ground support or foundation), mechanical equipment, and ornamental feature: Two feet into a front, rear, or side setback. [Source: 18.50.020.B]
C. Balcony, stairs, canopy, covered entryways and/or porches, or awning (none of which shall have vertical ground support or foundation, with the exception of stairs): Five feet into a front or rear setback, and two feet into a side setback. [Source: 18.50.020.C] D. Bay windows are allowed a projection of 30 inches into a front, rear, or side setback if all the following apply: [Source: 18.50.020.D]
1. The bay window(s) is installed on either a wall with a foundation or cantilevered and does not extend to the top of the wall; [Source: 18.50.020.D]
2. Does not exceed eight feet in width; and [Source: 18.50.020.D]
3. A minimum five-foot side setback is maintained. [Source: 18.50.020.D] E. Decks (attached or detached):
1. Decks shall not encroach into the minimum front or side setbacks requirements applicable to the primary structure. [Source: 18.50.020.E]
2. Decks may only encroach into the rear setback if the minimum rear setbacks established in Table 18.55-A (Minimum Rear Setbacks for Deck Encroachments) are maintained: [Source: 18.50.020.E]
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18.51.090 Underground Utilities
All electrical, telephone, cable television, and similar utility distribution lines providing direct service to, or running adjacent to, a development site shall be installed underground within the site and within any public right-of-way or public easement directly adjacent to the site subject to review and approval by the applicable review authority (Zoning Administrator, Planning Commission, Architectural Review Commission, or City Council) of the development project. [Source: 18.50.120] Table 18.55-A: Minimum Rear Setbacks for Deck Encroachments Deck height, measured from finished
grade
Minimum rear setback to be maintained
Below 6 inches None
6 to 18 inches 5 feet
18.1 to 36 inches 10 feet
Over 36 inches Minimum required rear setback for structures in the applicable zoning district
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Chapter 18.60
Adult Businesses
Item 10.3
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Chapter 18.60 Adult Businesses
Sections
18.60.010 Purpose and Applicability
18.60.020 Applicability to Other Regulations
18.60.030 Separation Requirements
18.60.040 Development and Operational Standards
18.60.050 Adult Use Development Permit Required
18.60.060 Conduct Constituting a Public Nuisance
18.60.070 Violations
18.60.080 Amortization of Legal Nonconforming Uses
18.60.010 Purpose and Applicability
A. The purpose of this Chapter is to provide development and operational standards which regulate the time, place, and manner of adult businesses, as defined in Part 6 (Definitions). [Source: 18.70.010]
B. Adult businesses are allowed in compliance with Part 2 (Zoning District Regulations and Development Standards) and the standards established in this Chapter. [Source: 18.70.030.A] C. The provisions of this Chapter shall apply to the establishment of any adult business, including the opening of a new adult business, the relocation of an existing adult business, or the conversion of an existing business to any adult business. [Source: 18.70.030.C]
18.60.020 Applicability to Other Regulations
The provisions of this Chapter are not intended to provide exclusive regulation of adult businesses.
Adult businesses shall comply with all applicable regulations of this Title, City ordinances, and State and Federal law. [Source: 18.70.150]
18.60.030 Separation Requirements
A. An adult business shall not be established within 1,000 feet of another adult business located either within or outside of City limits, or within the specified distance of the following uses or facilities located either within or outside of City limits: [Source: 18.70.030.B]
1. Within 500 feet of any residential General Plan land use designation. [Source:
18.70.030.B.1 and 18.70.030.B.4]
2. Within 800 feet of a General Plan school or park land use designation and any existing school or park facility. [Source: 18.70.030.B.2]
3. Within 800 feet of a religious institution, as defined in Part 6 (Definitions). [Source:
18.70.030.B.3]
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B. Measurement of Distances.
1. Distances shall be measured in a straight line from the nearest exterior wall of the facility housing the adult business or proposed adult business to the nearest property line of a General Plan land use designation or land use listed in Subsection A. [Source:
18.70.030.B]
2. Exceptions. The method for measuring the distance referenced in Subsections B and C shall not apply when the location of the adult business or proposed adult business is separated from a residential, school, park General Plan land use designation, religious institution, or other adult business by Interstate 680 (I-680). Where the I-680 separation exists, the following methods for measuring shall apply: [Source:
18.70.030.B.6]
a. Residential, Schools, or Parks General Plan Land Use Designations. Where an adult business or proposed adult business is separated from a residential, school, or park General Plan land use designation, the distance shall first be measured along a straight line extended between two points from the nearest exterior wall of the facility housing the adult business or proposed adult business to the closest improved pedestrian connection above or beneath I680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I-680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest property line included within the residential, school or park General Plan land use designation. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I680.[Source: 18.70.030.B.6] b. Religious Institutions and Other Adult Businesses. When an adult business or proposed adult business is separated from a religious institution or another adult business , the distance shall first be measured along a straight line extended between two points from the nearest exterior wall housing the adult business or proposed adult business to the closest improved pedestrian connection above or beneath I-680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I-680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest exterior wall of the other adult business or religious institution. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I-680. [Source:
18.70.030.B.7, modified]
C. The distance requirements established in this Section shall also apply to similar General plan land use designations listed in Subsection B of abutting jurisdictions. [Source: 18.70.030.B.5] Item 10.3
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18.60.040 Development and Operational Standards
A. Hours of Operation. It shall be unlawful for any adult business to operate or be open, between the hours of 10:00 p.m. and 10:00 a.m. of any day. [Source: 18.70.040.A] B. Lighting Requirements. All exterior areas of the adult business shall be illuminated at a minimum of 1.25 footcandles. Lighting fixtures shall be fully shieled, and light directed downward below the horizontal plane so as not to cast light onto adjacent properties. [Source:
18.70.040.B]
C. Access Provisions [Source: 18.70.040.C]
1. The operator shall not permit any doors on the premises to be locked during business hours.
2. The operator shall ensure that any room or area on the premises is readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer. [Source: 18.70.040.C]
3. Any material, adult-oriented merchandise, or activities depicting, describing, or relating to specified anatomical areas or specified sexual activities shall not be visible from any location outside the structure housing the adult business, including any display, decoration, sign, show window, door, or other opening. [Source: 18.70.040.C.2]
4. No exterior door or window on the premises shall be propped open or kept open at any time during hours of operation. [Source: 18.70.040.C.2]
5. All exterior windows shall be covered with opaque covering at all times. [Source:
18.70.040.C.2]
D. Signs. The adult business shall post in plain view inside the front portion of the business facility, in two-inch print, a sign directly citing California Penal Code Section 314. [Source: 18.70.040.D] E. Willful and Lewd Acts.
1. Every person who willfully and lewdly, either: (1) Exposes his or her person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or (2) Procures, counsels, or assists any person so as to expose himself or herself or take part in any model artist exhibition, or to make any other exhibition of himself or herself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor. [Source: 18.70.040.D]
2. Upon the second and each subsequent conviction under subsection (1) above, or upon a first conviction under subsection (1) above after a previous conviction under [California Penal Code] Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison. California Penal Code Section 314. [Source: 18.70.040.D]
F. Minors’ Access. [Source: 18.70.040.E]
1. X-Rated Movies. X-rated movies or videotapes shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access Item 10.3
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to persons under 18 years of age sells, rents, or displays videos that have been rated “X” or rated “NC-17” by the motion picture rating industry (“MPAA”), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said videos shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited. [Source: 18.70.040.E.1]
2. Other Adult Materials. Access to adult materials shall be restricted to persons over 18 years of age. [Source: 18.70.040.E.2]
G. Arcade Viewing Area. Adult businesses with an arcade viewing area(s) shall comply with the following requirements: [Source: NEW]
1. It is unlawful to maintain any arcade booth or individual viewing area in which the entire viewing area(s) are not from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror, or other device that would prohibit a person from seeing into the viewing area from the main aisle.
2. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. Viewing area means any area in which a person views performances, pictures, movies, videos, or other presentations. [Source:
18.70.040.G]
3. It is unlawful for an arcade booth to be occupied by more than one patron at a time. [Source: 18.70.040.F]
4. It is unlawful to create, maintain, or allow holes or other openings between arcade booths or individual viewing areas. [Source: 18.70.040.F] H. Business License. A person shall not own, operate, manage, conduct, or maintain an adult business without first having obtained a Business License from the City of Pleasant Hill. The issuance or denial of the Business License shall be made within 15 days of the applicant’s submitted application. [Source: 18.70.040.H
I. On-site Manager. All adult businesses shall have an individual, who shall be at least 18 years of age, on the premises at all times to act as the on-site manager during hours of operation.
The on-site manager shall be registered with the Zoning Administrator by the business owner to receive all complaints and be responsible for all violations taking place on the premises. [Source: 18.70.040.I]
J. Security Measures. All adult businesses shall provide either a security system that visually records and monitors the exterior premises of the property, including all parking lot areas or uniformed security guards to patrol and monitor the exterior premises of the property, including the parking lot areas, during hours of operation. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by one and one-half feet. [Source: 18.70.040.I] Item 10.3
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K. Nude Entertainment Businesses. No nude entertainment business shall be allowed unless all the following requirements are met: [Source: 18.70.040.J]
1. No employee, owner, operator, responsible managing employee, manager, or permittee of a nude entertainment business shall allow any person upon the premises or within the confines of any nude entertainment business under the age of 18 years if no alcohol is served, or under the age of 21 years if alcohol is served. [Source:
18.70.040.J.1]
2. No owner, operator, responsible managing employee, manager, or permittee shall permit or allow any patron to approach within four feet of a nude entertainer, or allow a nude entertainer to approach within four feet of a patron. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s) [Source: 18.70.040.J.3]
3. All employees of nude entertainment businesses, other than nude entertainers while performing, shall wear an opaque covering which covers their specified anatomical areas while on the premises. [Source: 18.70.040.J.4]
L. Disposal of Adult-Oriented Merchandise and Materials. All adult-oriented merchandise and materials discarded by an adult business shall be fully contained within a locked garbage receptacle at all times. [Source: 18.70.040.K]
18.60.050 Adult Use Development Permit Required
All persons wishing to establish an adult business within the City shall apply for and receive an Adult Use Development Permit in compliance with this Title. [Source: 18.70.050.A-C] A. It is the burden of the applicant to supply evidence to justify the grant of an adult use development permit. [Source: 18.70.050.B]
B. Any person desiring to operate or establish an adult business within the city shall file with the public works and community development department an adult use development permit application on a standard application form supplied by the public works and community development department. [Source: 18.70.050.C]
18.60.060 Conduct Constituting a Public Nuisance
The conduct of any business within the City found in violation of any of the terms of this Chapter is hereby declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts of law as may have jurisdiction to grant such relief as will abate or remove such adult use establishment and restrain and enjoin any person from conducting, operating or maintaining an adult use establishment contrary to the provisions of this Chapter. [Source: 18.70.160]
18.60.070 Violations
Any person who violates any section of this Chapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in accordance with the limits established in California Government Code Section 36901, as it may be amended from time to time, or any other legal remedy available to the City. [Source: 18.70.140]
Item 10.3
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18.60.080 Amortization of Legal Nonconforming Uses
A. General Requirements.
1. Any nonconforming adult business or establishment regulated under the provisions of this Chapter on or before July 7, 2010 shall be subject to an amortization period expiring 12 months from this effective date. [Source: 18.70.170.A, modified]
2. An adult business or establishment operating as a conforming use with an approved Adult Use Development Permit in compliance with Chapter 18.115 (Adult Use Development Permit) shall not be rendered a nonconforming use by the location of a religious institution or school, within the locational limitations of this Section. [Source:
18.70.170.B, modified]
B. Notice. The Public Works and Community Development Department shall provide written notice to the owner (and lessee/operator, if known by reference to City’s business license records) at least 120 days prior to the expiration of this amortization period. This notice is not mandatory and lack of notice shall not be deemed to prevent the City from initiating an action seeking declaratory or injunctive relief against the owner and/or operator of such business.
However, if notice of expiration of amortization period is not given, any application by the owner or lessee/operator of the business for an extension of the amortization period shall not be denied on the grounds that it is untimely. [Source: 18.70.170.C, modified] C. Application for Extension. [Source: 18.70.170.D, modified]
1. The owner may file an application with the Public Works and Community Development Department for an extension of the amortization period. The applicant must state all of the following in their application: [Source: 18.70.170.D.1, modified] a. Whether a previous extension has been requested and granted, as well as the date of the previous request; and [Source: 18.70.170.D.1.a] b. The efforts that will be made to conform by the conclusion of the extended period. [Source: 18.70.170.D.1.b]
2. The owner’s application shall be made in writing and shall be accompanied by the required fee as established by the City Council. [Source: 18.70.170.D.2, modified]
3. Any application for an extension of the amortization period shall be made prior to the expiration of the amortization period unless the Planning Commission determines that good cause exists for the late filing of the application. [Source: 18.70.170.D.3, modified]
D. Decision to Grant or Deny. [Source: 18.70.170.E, modified]
1. The Planning Commission shall hold a public hearing at which time it shall consider the evidence and testimony regarding the request for an extension of the amortization period. The Commission shall grant or deny an application for extension of the amortization period within 45 days of the filing of the request. [Source: 18.70.170.E.1, modified]
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2. In rendering its decision, the Commission shall determine whether the adult business has been provided with a reasonable amortization period commensurate with the investment involved. If the Commission determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted. [Source: 18.70.170.E.2, modified]
3. The Commission shall consider the following factors in making its determination:
[Source: 18.70.170.E.3, modified]
a. The adult business owner’s financial investment in the business; [Source:
18.70.170.E.3.a]
b. The present actual and depreciated value of business improvements; [Source:
18.70.170.E.3.b]
c. The applicable Internal Revenue Service depreciation schedules; [Source:
18.70.170.E.3.c]
d. The remaining useful life of the business improvements; [Source:
18.70.170.E.3.d]
e. The remaining lease term; [Source: 18.70.170.E.3.e]
f. The cost of relocating the business to a site conforming with the provisions of this Chapter; [Source: 18.70.170.E.3.f, modified]
g. The ability of the business and/or land owner to change the use to a conforming use; and [Source: 18.70.170.E.3.g]
h. The secondary effects of the adult business on the health, safety and welfare of surrounding businesses and uses if the adult business is permitted to extend the amortization period. [Source: 18.70.170.E.3.h]
4. The Commission’s decision shall be in writing, and shall be hand delivered or sent by certified mail to the applicant and shall be posted at City Hall and on the outside of the adult business. Posted notices shall remain for at least 10 days and be mailed to all property owners within 300 feet of the use. [Source: 18.70.170.E.4, modified] E. Appeal. Any interested person may appeal the decision of the Commission to the City Council in writing within 10 days of the written decision of the Commission in compliance with Chapter
18.185 (Appeals and Calls for Review). [Source: 18.70.170.F, modified] F. Public Nuisance. The City Council declares to be a public nuisance any parcel where an adult business is operating and where the amortization period as a legal nonconforming use has expired and one of the following applies:
1. No application for an extension is on file or has been granted, or
2. No application for an Adult Use Development Permit is on file or has been approved. [Source: 18.70.170.G, modified]
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Item 10.3
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Chapter 18.65
Cannabis
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Chapter 18.65 Cannabis
Sections
18.65.010 Personal Cultivation of Cannabis
18.65.020 Commercial Cannabis Uses
18.65.030 Cannabis Retailers
18.65.010 Personal Cultivation of Cannabis
Within the city of Pleasant Hill, the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana/cannabis is prohibited. Notwithstanding the foregoing, it is not a violation of this Section for an individual to cultivate, for their personal use, no more than six cannabis plants per residence, regardless of the number of individuals residing at the residence. Cultivation shall be subject to the following limitations: [Source: 18.50.140.A]
A. The individual cultivating the cannabis plants shall reside in a private residence located on the same lot as the plant(s). [Source: 18.50.140.A]
B. Cannabis plants may be cultivated either indoors or outdoors, or a combination of both indoors and outdoors, in compliance with the following standards. [Source: 18.50.140.A.1]
1. Outdoor Cultivation: [Source: 18.50.140.C]
a. No part of a plant shall be within five feet of any property line. [Source:
18.50.140.A.3.a]
b. All plants shall be kept within a locked space (e.g., enclosed within a locked gate). [Source: 18.50.140.A.3.b]
2. Indoor Cultivation: [Source: 18.50.140.A.4]
a. All accessory structures shall comply with the locational and other requirements established in Section 18.15.060 (Accessory Structure and Use:
Residential Districts) or Section 18.25.050 (Accessory Structure and Use:
Commercial, Office, and Industrial Districts) as applicable. [Source:
18.50.140.A.4.a]
b. Structures and equipment used for indoor cultivation, such as indoor grow lights, shall comply with all applicable building, electrical, and fire code regulations as adopted by the City. [Source: 18.50.140.A.4.b] c. The plants shall be kept in a locked space within a fully enclosed and secure structure. [Source: 18.50.140.A.4.c]
C. The plants shall not be visible from a public right-of-way, public space, or adjacent lot(s). [Source: 18.50.140.B]
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D. Nothing in this Section is intended to preclude any landlord from limiting or prohibiting personal cultivation of marijuana/cannabis by tenants. [Source: 18.50.140.A.5] E. Nothing in this Section is intended to authorize commercial cultivation of marijuana/cannabis. [Source: 18.50.140.A.6]
F. Nothing in this Section is intended to authorize any public or private nuisance due to odor or as otherwise specified in Chapter 7.05 (Public Nuisances). [Source: 18.50.140.A.7]
18.65.020 Commercial Cannabis Uses
All commercial cannabis uses are prohibited in all zoning districts and overlay zoning districts unless one or more such uses is expressly and affirmatively authorized by this Code, except in the following instances: [Source: 18.50.140.B]
A. Conduct specified in Business and Professions Code Sections 26054(c) and (d), 26080(b), or 26090(e). [Source: 18.50.140.B.1]
B. Cannabis delivery originating from a cannabis retailer located outside of the City. [Source:
18.50.140.B.2]
C. The activities of an individual qualified patient or an individual primary caregiver that are exempt from State licensure in accordance with Business and Professions Code Section 26033, or a natural person’s personal use activities in accordance with Health and Safety Code Sections 11362.1 and 11362.2, applicable State law and this Code. [Source: 18.50.140.B.3] D. Cannabis temporary events, as provided under Business and Professions Code Section 26200, are prohibited in the city unless specifically authorized by separate resolution or ordinance of the City Council. [Source: 18.50.140.B.4]
18.65.030 Cannabis Retailers
A. Medical Cannabis Retailers. Medical cannabis retailers may be located in any Light Industrial (LI), General Commercial (C), or Professional and Administrative Office (PAO) zoning district, subject to the approval of a Use Permit in compliance with Chapter 18.155 (Use Permits), the other regulations established in this Chapter, and the following restrictions: [Source:
18.25.170.A.1, modified]
1. A medical cannabis retailer’s premises shall be closed to the public (i.e., no public storefront) and shall conduct sales exclusively by delivery. [Source: 18.25.170.A.1.a, modified]
2. Medical cannabis retailers are prohibited from establishing or locating within 600 feet of a public or private school providing instruction in kindergarten or any grades one through 12, day care center, or youth center, as defined by State law. For the purposes of this Section, all distances shall be measured from the outer extents of the cannabis retailer’s business premises (whether leased or owned) excluding parking facilities and common areas to the nearest property lines of each affected parcel. [Source:
18.25.170.A.1.b, modified]
3. The City shall issue no more than two Use Permits for medical cannabis retailers. [Source: 18.25.170.A.1.c, modified]
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4. A medical cannabis retailer’s business premises (excluding parking facilities and common areas) shall not exceed a gross floor area of 10,000 square feet. [Source:
18.25.170.A.1.d]
5. Medical cannabis retailers shall obtain and maintain a State license for retail medicinal cannabis sales in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code, Division 10, section 26000 et seq. [Source: 18.25.170.A.1.e, modified]
6. Medical cannabis retailers shall not create a public nuisance through offensive odors. [Source: 18.25.170.A.1.f]
7. On-site consumption of medicinal cannabis or medicinal cannabis products is prohibited. [Source: 18.25.170.A.1.g]
8. Medical cannabis retail use shall be conducted indoors only, with no outdoor use or activity related to the cannabis retailer use. [Source: 18.25.170.A.1.h, modified]
9. Renderings of the business facade shall be provided and reviewed as part of the Use Permit application. Building facade plans shall include renderings of the exterior building elevations and any proposed signs for all sides of the building. All building facades and signs shall be in keeping with the high architectural quality and design standards of the City. The business facade and building signs shall be compatible with and complementary to surrounding businesses and shall add visual quality to the area. [Source: 18.25.170.A.1.i, modified]
B. Adult-Use Cannabis Retailers. Without limiting the generality of the prohibition on commercial cannabis uses in Section 18.65.020 (Commercial Cannabis Uses), adult-use cannabis retailers are prohibited in all zoning districts and overlay districts in the city. [Source: 18.25.170.B, modified]
C. Applicability of Other Regulations. The provisions in this Section are not intended to provide exclusive regulation of cannabis retailers. Any entity or individual engaged in the business of cannabis retail sales must comply with any and all applicable regulations established in this Title, all other c=City ordinances, and State law. [Source: 18.25.170.C, modified] D. It is anticipated that the number of applications could exceed the number of allowable permits for cannabis retailers. The City shall not accept applications until the City c=Council has adopted a resolution setting forth the application period, application procedures, and guidelines to evaluate applications for cannabis retailer permits.[Source: 18.25.170.D, modified] Item 10.3
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Chapter 18.70
Creek Setbacks
Item 10.3
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Chapter 18.70 Creek Setbacks
Sections
18.70.020 Purpose and Applicability
18.70.030 Setback Standards
18.70.040 Setback Exceptions
18.70.050 Additional Regulations
18.70.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to provide specific development standards for the areas immediately surrounding creeks as defined in Subsection B. [Source: NEW] B. Applicability. Creek setback areas shall apply to all creeks in the City as shown on the “City of Pleasant Hill Creek System” map, on file with the Public Works Division, regardless of whether the creek is located on a property owner’s lot. [Source: 18.50.150.B]
18.70.020 Setback Standards
A. Measurements. The creek setback area shall comply with the measurements established in Table 18.70-A and the following standards: [Source: NEW]
1. Creek Setback Area. The creek setback area is measured from the top of the creek bank based on the depth of the creek. [Source: 18.50.150.B]
1. Creek Depth. The depth of the creek bed is measured at its deepest point to a point level with the top of creek bank. [Source: 18.50.150.B]
2. Top of Creek Bank. The top of the creek bank is defined as the highest edge of the creek channel at the location where the structure, grading, or fill is proposed, as determined by the City Engineer . [Source: 18.50.150.B] Item 10.3
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Figure 18.70-1
Top of Bank
Table 18.70-A: Creek Setback Requirement
Depth Of Creek Creek Setback Area
Up to 5 feet 5 feet
Over 5 – 10 feet 10 feet
Over 10 – 15 feet 15 feet
Over 15 feet Subject to review by the City Engineer
B. No person may place a structure, perform grading, or place fill material in a creek setback area unless: [Source: 18.50.150.A]
1. The property is adjoining a concrete channel owned by a public agency; or [Source:
18.50.150.A.1]
2. The structure, grading, or fill was legally existing as of February 24, 2010. Such a structure, grading, or fill may be replaced within the same building footprint and without increasing the degree of nonconformity if the property owner obtains a Building Permit within 18 months without the requirement of a Use Permit under Section 18.200.040 (Nonconforming Structures); or [Source: 18.50.150.A.2]
3. The property qualifies for an exception under Section 18.70.030 (Setback Exceptions). [Source: 18.50.150.A.3]
C. For purposes of this Chapter, a structure does not include any of the following: [Source:
18.50.150.B]
1. Structures not attached to the ground or needing a foundation (i.e., play structure, doghouse, bench, table); [Source: 18.50.150.B]
2. A fence or wall not over seven feet high constructed with at least 75 percent of the fence or wall open to allow the passage of light and air; [Source: 18.50.150.B] Item 10.3
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3. Flatwork (i.e., patio, walkway) less than three inches thick and not used to support another structure; [Source: 18.50.150.B]
4. Landscaping; [Source: 18.50.150.B]
5. Existing structures legally built before February 24, 2010; or [Source: 18.50.150.B]
6. Structures prohibited by other City, State, or Federal regulations as referenced in Section 18.70.040 (Additional Regulations). [Source: 18.50.150.B]
7. If any uncertainty exists, the Zoning Administrator shall determine whether or not a structure is regulated under this Chapter. [Source: 18.50.150.B]
18.70.030 Setback Exceptions
A. The City Engineer may approve an exception to creek setback standards established in Section
18.70.020 (Setback Standards) ministerially without noticing or public hearing if all the following criteria are met. An applicant who disagrees with the determination of the City Engineer may request a Zoning Administrator decision in compliance with Subsection B [Source:
18.50.150.C.1]
1. The property is not located in either a 100- or 500-year floodplain as shown on the most current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map; [Source: 18.50.150.C.1.a]
2. The property is not a “repetitive loss property” as defined by FEMA; [Source:
18.50.150.C.1.b]
3. The depth of the water in the creek during an average winter storm is less than two feet; and [Source: 18.50.150.C.1.c]
4. The creek channel has sufficient capacity to carry storm water without flooding adjacent properties in the event of a creek bank failure. [Source: 18.50.150.C.1.d] B. Zoning Administrator Decision Request. The Zoning Administrator may approve an exception to the creek setback standards established in Section 18.70.020 (Setback Standards), on the recommendation of the City Engineer, in compliance with the following procedure: [Source:
18.50.150.C.2]
1. Application. An applicant for a creek setback exception shall file an application with the Planning Division, together with the following information as determined by the City Engineer: [Source: 18.50.150.C.2.a, modified]
a. A topographical survey of the lot precisely showing the creek bed, creek bank, top of bank, and proposed and existing structures; [Source: 18.50.150.C.2.b.i] b. A soils report prepared by a licensed civil engineer specializing in soils analysis which describes the soils condition for the proposed structure and analyzes and makes recommendations as to the creek bank stability and erosion hazard; [Source: 18.50.150.C.2.b.ii]
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c. Certification by the engineer who prepares the soils report that, in their professional opinion, there is no likelihood of a hazard to persons or property resulting from the proposed construction; and [Source: 18.50.150.C.2.b.iii] d. Structural calculations, hydraulic calculations, or other data as deemed necessary by the City Engineer. [Source: 18.50.150.C.2.b.iv]
2. Fee. Together with the application materials established in Subparagraph B.1, an applicant shall pay an application fee in an amount established in the most current Fee Schedule as approved by City Council. [Source: 18.50.150.C.2.a]
3. Public Hearing and Noticing. The Zoning Administrator shall hold a public hearing in accordance with Chapter 18.205 (Notice Requirements) within 30 days of receiving a completed application. [Source: 18.50.150.C.2.a]
4. Findings. The Zoning Administrator may approve an exception to the creek setback standards if they make all the following findings: [Source: 18.50.150.C.2.c.i] a. The proposed structure does not violate any other City, State, or Federal regulations as referenced in Section 18.70.040 (Additional Regulations); [Source: 18.50.150.C.2.c.i(A)]
b. The proposed structure is not likely to be detrimental to creek stability; and [Source: 18.50.150.C.2.c.i(B)]
c. The property is not located within a special flood hazard area as defined in Section 15.15.050 (Definitions) or if the property is located within a special flood hazard area, the proposed structure complies with the standards of construction in accordance with Chapter 15.15 (Flood Damage Prevention). [Source: 18.50.150.C.2.c.i(C)]
5. Conditions of Approval. In approving an exception to creek setback standards, the Zoning Administrator may impose conditions of approval deemed necessary for creekside erosion protection and on-site drainage, including the requirement that the property owner enter into an agreement holding the City and other public agencies harmless in the event of flood or erosion damage to any property. The agreement shall be in a form acceptable to the City Attorney, be recorded, and bind successors in interest. [Source: 18.50.150.C.2.c.ii]
6. Decision. The Zoning Administrator shall render a decision in writing within five working days of the close of the public hearing. [Source: 18.50.150.C.2.a]
7. Appeal. The decision of the Zoning Administrator may be appealed to the Planning Commission in compliance with Chapter 18.185 (Appeals and Calls for Review). [Source: 18.50.150.C.2.a]
18.70.040 Additional Regulations
Construction, development, or work within a creek setback area may also be subject to other regulations and guidelines which could result in a larger setback, including but not limited to: [Source:
18.50.150.D]
A. City Regulations. [Source: 18.50.150.D.1]
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1. Required side or rear setbacks for structures and accessory structures in the underlying zoning district; [Source: 18.50.150.D.1.a]
2. Design guidelines or standards adopted by the City Council; [Source: 18.50.150.D.1.b]
3. California Building Code under Title 14 (Buildings and Construction); [Source:
18.50.150.D.1.c]
4. Grading standards established in Chapter 15.10 (Grading); [Source: 18.50.150.D.1.d]
5. Requirements applicable in a special flood hazard area in compliance with Chapter
15.15 (Flood Damage Prevention); [Source: 18.50.150.D.1.e]
6. Erosion protection and water quality requirements in compliance with Chapter 15.05 (Stormwater Management and Discharge Control); and [Source: 18.50.150.D.1.f]
7. Mitigation measures under the California Environmental Quality Act (CEQA). [Source:
18.50.150.D.1.g]
B. Other Agency Requirements. [Source: 18.50.150.D.2]
1. California Department of Fish and Game. [Source: 18.50.150.D.2.a]
2. San Francisco Bay Regional Water Quality Control Board. [Source: 18.50.150.D.2.b]
3. U.S. Army Corps of Engineers. [Source: 18.50.150.D.2.c]
4. Federal Emergency Management Agency (FEMA). [Source: 18.50.150.D.2.d]
5. U.S. Fish and Wildlife Service. [Source: 18.50.150.D.2.e] Item 10.3
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Chapter 18.75
Fences, Walls, and Screening
Item 10.3
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Chapter 18.75 Fences, Walls, and Screening
Sections
18.75.010 Purpose and Applicability
18.75.020 Height Limitations
18.75.030 Fence and Wall Standards
18.75.040 Screening of Mechanical Equipment
18.75.050 Swimming Pools and Hot Tubs
18.75.010 Purpose and Applicability
A. Purpose. This Chapter establishes the requirements for fences, walls, and other screening elements to minimize visual obstructions of scenic views and sunlight, provide adequate buffering and screening between different land uses and outdoor equipment, and ensure these elements are attractively designed. [NEW]
B. Applicability. The provisions of this Chapter apply to all fences, walls, and other screening elements except as otherwise provided for in this Chapter. [NEW]
18.75.020 Height Limitations
A. Maximum Height. The maximum height of a fence or wall (including a retaining wall) is six feet, except as provided below:
1. Required Front and Corner Side Setbacks. The maximum height of a fence or wall within a required front and corner side setbacks is three feet, unless otherwise specified.
2. When a Non-Residential setback abuts a Residential Zoning District, the setback shall be enclosed by a solid wood, concrete or masonry wall at least six feet in height, but no more than eight feet in height. [Source: 18.25.140]
3. Rear Property Line Setbacks. The maximum height of a fence or wall along the rear property line is eight feet when located on a lot with a rear property line abutting a public trail, canal, East Bay Municipal Utility District right-of-way, or public street. [Source: 18.25.140.A]
B. Fences on Retaining Walls. When a fence is placed on top of a retaining wall, the total height shall be measured as the combined height of the retaining wall and the fence from the higher side of the adjacent grade. A retaining wall is not included in the measurement if it is located so that its horizontal distance from the fence is equal to or greater than the height of the retaining wall. [Source: 18.25.140].
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C. Traffic Safety Visibility Area. All fences, walls, hedges, and other screening elements are subject to the Traffic Safety Visibility Area requirements established in Section 18.55.070 (Traffic Safety Visibility Area). [Source: 18.25.140.C]
18.75.030 Fence and Wall Standards
A. Prohibition Across Easements. No fence or wall shall be constructed across or over any easement that would impede the use or access for its intended purpose.
B. Single-Family Residences on Corner Lots. A five-foot setback from the corner side property line is required for a wall or fence over three feet in height. See Figure 18.75-1 (Corner Lor and Key Lot Fence and Wall Standards). [Source: 18.20.040.I] C. Key Lots. Corner lots abutting a key lot shall maintain an unfenced triangular area measuring 12 feet on each side. See Figure 18.75-1 (Corner Lot and Key Lot Fence and Wall Standards). [Source: 18.20.040.I.1]
Figure 18.75-1
Corner Lot and Key Lot Fence and Wall Standards
D. Allowable Fence and Wall Materials. Fences and walls shall comply with the following material standards.
1. Residential Zoning Districts. Unless otherwise approved by the Zoning Administrator, fences and walls in residential zoning districts shall be constructed of masonry, wood, metal, or concrete Fences and walls in residential zoning districts shall also be Item 10.3
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consistent and comply with the fence and wall standards established in the City-Wide Residential Design Guidelines and Objective Design Standards. [NEW]
2. Nonresidential Zoning Districts. Unless otherwise approved by the Zoning Administrator, fences and walls in nonresidential zoning districts shall be consistent with the City-Wide Nonresidential Design Guidelines and be constructed of masonry, wood, concrete, vinyl, tubular steel, or wrought iron. Fences or walls abutting a residential zoning district, in accordance with Subparagraph A.2 of Section 18.75.020 (Height Limitations), shall be constructed of solid wood, concrete, or masonry. [Source:
18.25.140]
E. Fire Safe Fencing. In addition to the allowed fence and wall materials established in Subsection C of this Section, fences and walls attached to or within five feet of a structure or deck shall be made of non-combustible or fire resistant materials in compliance with all applicable California Building Standards Code (Title 24) requirements. [Source: NEW] F. Prohibited Fence and Wall Materials. High voltage electrical fences, razor wire, barbed wire, and other materials which pose a safety hazard are strictly prohibited. [Source: 18.25.140.D]
18.75.040 Screening of Mechanical Equipment
A. General Requirement. Except as provided in Subsection B, all exterior mechanical equipment shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment is not required if the equipment is not visible from public views, subject to review and approval by the Zoning Administrator. [Source:
18.50.090.A]
B. Utility Meters. Utility meters shall be screened from view from public rights-of-way except when not allowed by a utility provider or when located on the interior side setback of a single-family dwelling. Utility meters do not need to be screened on top, unless otherwise directed by the Zoning Administrator. Utility meters in a required front setback or in a side setback of a corner lot shall be enclosed in subsurface vaults. [Source: 18.50.090.B] C. Materials. Screening materials shall be constructed of solid concrete, wood, or other opaque material and shall effectively screen mechanical equipment so no portion is visible from a public right-of-way or adjoining lot. Screening material may have evenly distributed openings or perforations not exceeding 25 percent of the surface area. [Source: 18.50.090.C]
18.75.050 Swimming Pools and Hot Tubs
A. Fencing. Swimming pools and hot tubs shall be fenced as required by the California Building Code. [Source: 18.20.110.A]
B. Setbacks.
1. In-ground swimming pools and hot tubs shall be, at a minimum, three feet from property lines and structures. Setbacks shall be measured from the exterior edge of the pool or hot tub. [Source: 18.20.110.B]
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2. Above-ground swimming pools and hot tubs are subject to the setback requirements specified in Section 18.15.060 (Accessory Structure and Use: Residential Districts] [Source: 18.20.110.C]
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Chapter 18.80
Off-Street Parking and Loading
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Chapter 18.80 Off-Street Parking and Loading
Sections
18.80.010 Purpose and Applicability
18.80.020 General Requirements for Off-Street Parking and Loading
18.80.030 Number of Spaces Required
18.80.040 Shared Parking Facilities
18.80.050 Reduced Parking for Use Classifications
18.80.060 Parking Reductions Allowed Within Priority Development and Transit Uses
18.80.070 Minor Adjustments to Parking Design Standards
18.80.080 ADA Compliant Parking Spaces
18.80.090 Electric Vehicle (EV), Bicycle, and Alternative Transportation
18.80.100 Parking Space and Drive Aisle Dimensions
18.80.110 Driveways and Site Access
18.80.120 Screening, Lighting, and Landscaping
18.80.130 Additional Design Standards for Parking Facilities
18.80.140 Location and Design of Off-Street Loading Spaces
18.80.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to ensure sufficient off-street parking and loading facilities are provided, consistent with demand and feasibility, for all new and existing uses, and that parking and loading facilities are designed to ensure efficiency, public safety, and insulate surrounding land uses from adverse impacts. [Source: 18.55.010, modified] B. Applicability. Every use and structure, including major alterations or expansions of a use or structure, shall provide off-street parking and loading facilities at the time of initial occupancy or construction in compliance with the regulations in this Chapter. [Source: 18.55.020.A]
1. For the purposes of this Chapter, a major alteration or expansion is considered:
a. A change of use classification that would increase the required number of parking spaces or loading spaces by 10 percent or more of the total required before the change; or
b. An increase in floor area that would increase the required number of parking spaces or loading berths by 10 percent or more of the total number required before the alteration or expansion. [Source: 18.55.020.A]
2. A change in occupancy is not considered a change in use unless the new occupant is a. or b. as noted above. [Source: 18.55.020.A]
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3. For any alteration or expansion of a parking or loading facility that does not increase the number of parking spaces or loading berths by 10 percent of the original total number required, only the altered or expanded portion of the parking or loading facility is required to comply with the standards established in this Chapter. [Source:
18.55.020.A]
18.80.020 General Requirements for Off-Street Parking and Loading A. Computation of Spaces Required. In calculating the number of required parking spaces or loading berths, if a fractional number is obtained, one parking space or loading berth shall be required for a fraction of more than one-half, and no space or berth shall be required for a fraction of one-half or less. [Source: 18.55.020.H]
B. Nonconforming Parking or Loading. No existing use or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by this Chapter. Existing off-street parking and loading facilities shall not be reduced in number to less than that required by this Chapter. [Source: 18.55.020.B] C. Shared Parking. Off-street parking and loading facilities required by this Chapter for any use shall not be considered as providing parking spaces or loading berths for any other use except where the provisions of Section 18.80.040 (Shared Parking Facilities) apply or a joint facility exists. [Source: 18.55.020.E]
D. Location and Ownership. Parking required to serve a residential use shall be on the same site as the residence served. Parking required to serve a nonresidential use may be on a different site under the same or different ownership as the use served. The distance of nonresidential parking facilities from the use served shall be subject to review and approval by the Planning Commission. [Source: 18.55.020.F]
E. Common Loading Facilities. The off-street loading facilities requirements of this Chapter may be satisfied by the permanent allocation of the required number of berths for each use in a common truck loading facility, provided that the total number of berths shall not be less than the sum of the individual requirements. As a requirement of approval, a signed copy of a contract between the parties concerned setting forth an agreement to joint use of the common truck loading facility shall be filed with the application for a Zoning Permit in compliance with Chapter 18.170 (Zoning Permit). The City may record the contract. If the gross floor area of individual uses on the same site is less than that for which a loading berth would be required by this Chapter, but the aggregate gross floor area of all uses is greater than the minimum for which a loading berth would be required, the aggregate gross floor area shall be used in determining the required number of loading berths. [Source: 18.55.020.G] F. Land Banking. The Planning Commission may allow a portion of the required parking improvements to be deferred upon finding that all of the spaces are not needed immediately. [Source: 18.55.020.I]
18.80.030 Number of Spaces Required
A. Parking and Loading Requirements by Land Use. Except as provided in Subsection B, parking requirements shall comply with the following:
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1. Each land use shall provide the number of off-street parking spaces or loading berths required by Table 18.80-A (Off-Street Parking and Loading Requirements by Land Use) and Table 18.80-B (Off Street Loading Spaces Required). Additional spaces or berths may be required or approved by the Zoning Administrator through a Use Permit in compliance with Chapter 18.155 (Use Permit). [Source: 18.55.030]
2. If a land use is not specifically listed in Table 18.80-A (Off-Street Parking and Loading Requirements by Land Use) and/or requires approval of a Use Permit, the Zoning Administrator shall determine the probable use and the number of parking and loading spaces required based on the operational characteristics of the proposed use. To make this determination, the Zoning Administrator may require the submission of survey data or other applicable studies from the applicant or prepared at the applicant’s expense. [Source: 18.55.030]
3. Table 18.80-B (Off-Street Loading Space Requirements) sets space requirements and standards for different groups of use classifications and sizes of buildings, which correspond with group numbers shown in the “Off-Street Loading Spaces” column in Table 18.80-A (Off-Street Parking and Loading Requirements by Land Use).
References to spaces per square foot are to be calculated based on gross floor area, unless otherwise specified, and shall include allocations of shared restrooms, halls, and lobby areas, but shall exclude area for vertical circulation, stairs, or elevators. [Source: 18.55.030]
B. Parking Minimum Exception. In compliance with California Government Code Sections 65585 and 65863.2, qualifying projects shall be exempt from providing the number of parking spaces required by this Chapter when located within one-half miles of public transit, as defined in Part 6 Chapter 18.215 (Definitions). However, the City may impose, and enforce, minimum parking requirements if the City makes written findings, within 30 calendar days of receipt of a complete application, that not imposing the parking minimum required by this Chapter would have substantially negative impacts on the City’s ability to meet its share of specified housing needs of existing residential or commercial parking within one-half mile of housing development. [Source: NEW, State legislation]
C. Parking and Loading Requirements for Alterations or Expansions. The number of parking spaces or loading berths required for an alteration or expansion of an existing use or structure, or for a change of occupancy, shall be in addition to the number of spaces or berths existing before the alteration, expansion, or change of occupancy unless the preexisting number is greater than the minimum number listed in Table 18.80-A (Off-Street Parking and Loading Requirements by Land Use). In this case, the number of spaces or berths in excess of the required minimum shall be counted in determining the additional required number of spaces or berths. [Source: 18.55.020.C]
D. Multi-Use Sites. If more than one use is located on a site, the number of off-street parking spaces and loading berths to be provided shall be equal to the sum of the requirements prescribed for each use, except in shopping centers where only the standards for the Shopping Center use classification in Table 18.80-A (Off-Street Parking and Loading Requirements by Land Use) shall apply. [Source: 18.55.020.D]
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Table 18.80-A: Off-Street Parking and Loading Requirements by Land Use Use Classification Off-Street Parking Spaces Off-Street Loading Spaces:
Group Number
Residential
Accessory Dwelling Unit See Section 18.15.050 (Accessory Dwelling Units).
-
Bed and Breakfast 1 per guest bedroom, plus 2 for the
primary dwelling unit.
-
Community Care Facility, Small (up to
6 persons)
See applicable single-family residential
parking requirements
-
Emergency Shelter 1 per every 2 employees. Within other zoning districts, parking shall be as
specified by Use Permit.
-
Family Day Care Home See applicable single-family or multifamily residential parking requirements.
-
Group Residential 1 per sleeping room; or 1 per 200 sq. ft. used for assembly purposes or
common sleeping areas.
-
Multi-Family Residential 1.25 per studio; 1.5 per 1-bedroom unit of which 1 shall be covered; or 2 per 2-
bedroom or larger unit of which 1 shall
be covered; plus 1 guest parking
space for every 4 units.
-
Senior Housing 1 per dwelling unit. -
Single-Family Residential 2 spaces per dwelling unit both of which shall be fully enclosed.
-
Single-Room Occupancy (SRO) See applicable group residential parking requirements
-
Public and Semipublic
Community Care Facility, Large (7 or
more persons)
1 per 3 beds, plus 1 for each employee
during peak hours of operation, plus 1
visitor parking space per 4 residents
unless otherwise specified by Use
Permit.
3 Cultural Institution 1 per 300 sq. ft. gross floor area. 3 Day Care Facility As specified by Use Permit
See Paragraph C.2 of Section
18.80.110
-
Emergency Medical Care 1 per 200 sq. ft. -
Government Office 1 per 250 sq. ft. 2
Maintenance and Service Facility 1 per 500 sq. ft., plus 1 per 500 sq. ft. of outdoor storage area.
1 Park and Recreation Facility As specified by the Zoning Administrator.
-
Place of Assembly (club, lodge,
religious institution)
1 per 4 fixed seats, or 1 per 100 sq. ft.
used for assembly purposes,
whichever is greater.
3 Public Safety Facility As specified by the Use Permit. 3 Offender Rehabilitation Service As specified by the Use Permit. - School, Public or Private 1 for each employee; plus 1 for every 100 sq. ft. of classroom.
See Paragraph C.2 of Section
18.80.110
1 Utilities, Major As specified by the Use Permit. 1
Commercial
Adult Business 1 per 250 sq. ft. 1
Ambulance Service 1 per 500 sq. ft., plus 2 storage
spaces.
1 Animal Sales and Service:
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Table 18.80-A: Off-Street Parking and Loading Requirements by Land Use Use Classification Off-Street Parking Spaces Off-Street Loading Spaces:
Group Number
Animal Boarding or Grooming; Animal
Hospital
1 per 400 sq. ft. 1
Animal Day Care 1 per 400 sq. ft. of indoor space
Animals, Retail Sales 1 per 250 sq. ft. 1
Riding Academy As specified by the Zoning
Administrator.
-
Artists’ Studio 1 per 1,000 sq. ft. 1
Automobile Maintenance, Limited 2 per service bay plus queue for 2 cars per bay.
Automobile Service Stations 3 per service bay plus 1 per each employee.
-
Automobile, Vehicle/Equipment Broker 1 per 300 sq. ft., but not to exceed 1 per 250 sq. ft.
-
Automobile, Vehicle/Equipment Repair 4 per service bay or 1 per 225 sq. ft., whichever is greater.
-
Automobile, Vehicle/Equipment Sales
and Rental
1 per 250 sq. ft. of office and ancillary
meeting spaces; plus 1 per 1,000 sq.
ft. of indoor product sales and display
areas; plus 1 per 1,000 sq. ft. of
outdoor sales and product display
areas; plus 2 spaces per service bay
for any accessory service, repair and
maintenance facilities. Parking lot
design standards (Section 18.55.080
through 18.55.170) shall apply to
employee and customer parking and
loading areas only.
1 Automobile, Vehicle/Equipment
Wholesaler
1 per 400 sq. ft. 1
Automobile Washing 1 per 200 sq. ft. of sales, office, or lounge area; plus queue for 5 cars per
washing station.
-
Financial Institution 1 per 250 sq. ft. 2
Drive-up Service Queue space for 5 cars per teller. -
Building Materials and Services 1 per 400 sq. ft.; plus 1 per 500 sq. ft. of outdoor storage area.
1 Catering Services 1 per 400 sq. ft. 1
Commercial Recreation and Entertainment:
Bowling Alley 6 per lane. -
Electronic Game Center 1 per 400 sq. ft. -
Skating Rink 1 per 5 fixed seats, or 1 per 35 sq. ft.
seating area if there are no fixed seats;
plus 1 per 250 sq. ft. floor area not
used for seating.
-
Billiards/Pool Hall 2 per table, 1 per employee. -
Tennis and Racquetball Clubs 4 per court. 1
Other Commercial Recreation As specified by the Zoning
Administrator.
-
Communications Facilities 1 per 500 sq. ft. 2
Eating and Drinking 1 per 100 sq. ft. gross area; plus
queue space as determined by the
Zoning Administrator for drive-through
service.
1 For Uses with Take-Out Service Only 1 per 50 sq. ft. gross area; plus queue space as determined by the Zoning
Administrator for drive-through service.
1 With Outdoor Seating No additional spaces for the first 12 seats; 1 additional space per 3 seats
for more than 12 seats except within
the Downtown Specific Plan area
-
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Table 18.80-A: Off-Street Parking and Loading Requirements by Land Use Use Classification Off-Street Parking Spaces Off-Street Loading Spaces:
Group Number
where parking requirements for
outdoor seating shall be as specified
by the Zoning Administrator or
Planning Commission.
Equipment and Appliance
Maintenance and Repair Service
1 per 400 sq. ft.; plus 1 per 500 sq. ft.
of outdoor storage area.
1 Fitness Studio 1 per 250 sq. ft. -
Food and Beverage Sales 1 per 250 sq. ft. 1
Funeral and Interment Services 1 per 50 sq. ft. seating area. 1 Horticulture, Limited 1 per 2 acres. -
Hotel and Motel 1 per guest room plus 1 per 50 sq. ft.
banquet seating area.
-
Laboratory, General 1 per 500 sq. ft. 1
Laboratory, Medical and Dental 1 per 200 sq. ft. 1
Live Entertainment (all types except
karaoke)
As specified by the Zoning
Administrator.
-
Karaoke 1 per 4 karaoke seats, 1 per employee.
Maintenance Services Establishment 1 per 500 sq. ft. 1
Nursery 1 per 500 sq. ft. of outside display
lathe house area, plus 1 per 250 sq. ft.
gross floor area.
-
Office, General 1 per 300 sq. ft. but not to exceed 1
per 250 sq. ft.
2 Office, Medical and Dental 1 per 200 sq. ft. -
Pawn Shop 1 per 250 sq. ft. 1
Personal Improvement Services As specified by the Use Permit - Dance or Music Studio 1 per 600 sq. ft. -
Personal Service 1 per 250 sq. ft. 1
Pharmacy 1 per 250 sq. ft. 1
Research and Development Services 1 per 400 sq. ft. -
Retail Sales Not Otherwise Listed in
this Table
1 per 250 sq. ft. 1
Furniture/Appliance Sales, (household
equipment store)
1 per 400 sq. ft. 1
Shopping Center 1 per 250 sq. ft. 3
Theater 1 per 4 fixed seats, or 1 per 40 sq. ft.
seating area if there are no fixed seats.
1 Vehicle Storage Facilities 1 per 500 sq. ft. (in addition to parking for the vehicles stored on site as part
of this use).
-
Travel Service 1 per 300 sq. ft. -
Industrial
Fuel Storage and Distribution As specified by the Use Permit. - Industry, Custom and General 1 per 1,000 sq. ft. 1
Industry, Limited 1 per 750 sq. ft. 1
Industry, Research and Development 1 per 500 sq. ft. -
Warehousing and Storage, Limited 1 per 1,000 sq. ft. 2
Wholesale Distribution and Storage 1 per 800 sq. ft. 2
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18.80.040 Shared Parking Facilities
A. Reduction of Parking for Shared Use. Shared parking facilities serving more than one use on a site or serving more than one property may apply for a reduction in the total number of parking or loading spaces required by this Chapter through a Use Permit in compliance with Chapter
18.155 (Use Permit). No use shall be continued if the on-site or off-site parking is removed unless substitute parking facilities are provided. The Use Permit for reduced parking requirements for shared parking facilities may be required to include: [Source: 18.55.040.A]
1. Survey data substantiating a request for reduced parking requirements, at the expense and responsibility of the applicant.
2. Description of the limits of any area subject to reduced parking requirements and the reduction applicable to each use.
B. Findings. A Use Permit for shared off-street parking facilities may allow a reduction of the total number of spaces required by this Chapter if the following findings are made: [Source:
18.55.040.B]
1. The spaces to be provided will be available as long as the uses requiring the spaces are in operation; [Source: 18.55.040.B.1]
2. The peak hours of parking demand from all uses do not coincide so that peak demand is greater than the parking provided; [Source: 18.55.040.B.2]
3. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if collective parking is not provided; and [Source:
18.55.040.B.3]
4. A written agreement exists between the landowner(s) and the City, in a form satisfactory to the City Attorney, that includes all the following: [Source: 18.55.040.B.4] a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking; [Source: 18.55.040.B.4.a] b. A guarantee among the landowner(s) for access to and use of the shared parking facilities in perpetuity. However, if the landowner providing the shared Table 18.80-B: Off-Street Loading Space Requirements
Gross Floor Area (sq. ft.) 10' x 20' x 10' 12' x 25' x 14' Use Classification Group 1
0 to 3,000 0 0
3,001 to 15,000 1 0
15,001 to 50,000 2 0
50,001 and over 3 0
Use Classification Group 2
0 to 10,000 1 0
10,001 to 20,000 1 1
20,001 and over 1 1
Use Classification Group 3
0 to 30,000 0 1
30,001 to 100,000 0 2
100,000 and over 0 3
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parking facility is a public agency, then the minimum required time period for the agreement shall be established by mutual consent of the City and the applicable public agency; [Source: 18.55.040.B.4.b]
c. A provision that the City may require parking facilities in addition to those originally approved upon a finding by the Planning Commission that adequate parking to serve the use(s) has not been provided; [Source: 18.55.040.B.4.c] d. A provision stating that:
i. The Planning Commission may, for due cause and upon notice and hearing, unilaterally terminate the agreement at any time; and ii. The Zoning Administrator may terminate the agreement upon finding that substitute parking facilities meeting the requirements of this section are provided; and [Source: 18.55.040.B.4.d]
e. A provision that the agreement will be recorded in the County Recorder’s Office upon issuance of the Use Permit. [Source: 18.55.040.B.4.e]
18.80.050 Reduced Parking for Use Classifications
A. An applicant may request a reduction in the number of parking spaces required in this Chapter by submitting an application for a Use Permit with the Planning Division in compliance with Chapter 18.155 (Use Permit).
B. Maximum Allowable Reduction. The Zoning Administrator may approve a Use Permit for up to a 10 percent reduction in the number of parking spaces required under this Chapter, and the Planning Commission may approve a Use Permit for more than a 10 percent reduction in the number of parking spaces required under this Chapter to less than the number specified Table
18.80-A (Off-Street Parking and Loading Requirements by Land Use) and Table 18.80-B (OffStreet Loading Space Requirements), provided that the following findings are made: [Source:
18.55.050]
1. The parking demand will be less than the requirement in Table 18.80-A (Off-Street Parking and Loading Requirements by Land Use) and Table 18.80-B (Off-Street Loading Space Requirements); and [Source: 18.55.050.A]
2. The probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand. [Source: 18.55.050.B] C. In reaching a decision, the Zoning Administrator or Planning Commission shall consider parking survey data, parking analysis or any other technical information, submitted by an applicant or collected at the applicant’s request and expense. The Use Permit issued in compliance with this Section shall be recorded in the County Recorder’s Office. [Source:
18.55.050]
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18.80.060 Parking Reductions Allowed Within Priority Development and Transit Uses
A project site within a priority development area (designated by the Association of Bay Area Governments, “ABAG”) or within a quarter-mile of a regional transit hub (BART station or transit center) is allowed to have up to a 15 percent reduction in the number of spaces required under this Chapter as determined by the Zoning Administrator. This parking reduction does not apply to single-family residential developments. [Source: 18.55.180]
18.80.070 Minor Adjustments to Parking Design Standards A. The Zoning Administrator may approve an adjustment of up to 20 percent from the parking design standards in Subsections C and D of Section 18.80.020 (General Requirements), Section 18.70.040 (Shared Parking Facilities), and Section 18.80.090 (Electric Vehicle, Bicycle, and Non-Automobile Modes of Transportation) through 18.70.130 (Additional Design Standards for Parking Facilities), and/or use of an alternative driveway surface material, by approval of a Zoning Permit. [Source: 18.55.190.A]
B. The Planning Commission may approve a Use Permit for adjustments of greater than 20 percent from the parking standards listed in Subsection A. [Source: 18.55.190.B] C. Findings. Before approval of an adjustment, the Zoning Administrator or Planning Commission shall make the following findings: [Source: 18.55.190.C]
1. The adjustment is consistent with the intent of the Zoning Ordinance; [Source:
18.55.190.C.1]
2. The adjustment will not adversely affect adjacent properties; [Source: 18.55.190.C.2]
3. The adjustment is necessary due to practical difficulties involved in the strict application of Zoning Ordinance standards; and [Source: 18.55.190.C.3]
4. For an adjustment of 20 percent or more, the Planning Commission shall also make Use Permit findings under Chapter 18.155 (Use Permit). [Source: 18.55.190.C.4]
18.80.080 ADA Compliant Parking Spaces
All parking facilities shall comply with the requirements of the California Code of Regulations (Chapter 24, Part 2, Division 2-71) and with the sign requirements of California Vehicle Code section 22507.8.
Parking lot modifications required to comply with these requirements shall be allowed, including reduction in required parking spaces or modification to provisions contained in this Chapter, subject to review and approval of the City Engineer and Zoning Administrator. [Source: 18.55.060]
18.80.090 Electric Vehicle (EV), Bicycle, and Alternative Transportation A. Electric Vehicle (EV) Parking [Source: 18.55.070.A]
1. CALGreen Building Code Compliance. All EV parking spaces provided within any zoning district shall comply with the standards and requirements established in the California Green Building Standards Code (CALGreen), as amended, in addition to the standards established in this Section.
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2. All Other Use Classifications. New developments in all use classifications other than commercial uses shall provide the number of EV parking spaces (including charging station) as specified by the issued Architectural Review Permit, Use Permit, or Development Plan Permit. [Source: 18.55.070.A.2]
3. Development Regulations. All EV parking spaces shall follow the development regulations established in Chapter 14.75 (Electric Vehicle Charging Systems – Streamlined Permitting). [Source: 18.55.070.A.3]
B. Bicycle Parking. Bicycle parking spaces shall be provided in every zoning district as required by this Subsection. [Source: 18.55.070.B]
1. Public and Semipublic Use Classifications. As specified by Use Permit. [Source:
18.55.070.C.1]
2. Commercial Use Classifications. Each development shall provide at least one bicycle space plus the equivalent of five percent of the requirement for automobile parking spaces. [Source: 18.55.070.C.2]
3. Residential Use Classifications.
a. Single-Family Residential. Single-family residential developments do not require bicycle parking spaces. [Source: NEW]
b. Multi-Family Residential. Each development shall provide at least one bicycle parking space for every 5 required automobile parking spaces, with a minimum of one bicycle parking space per development. [Source: 18.55.070.C.3] C. Design Requirements. Each bicycle parking space shall provide a stationary object to which a user can secure both wheels and the frame of a bicycle with a six-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket. The following alternative facilities may be provided, subject to approval of the Zoning Administrator:
[Source: 18.55.070.D]
1. An enclosed bicycle locker; or [Source: 18.55.070.D.1]
2. A three-point bicycle rack which secures both wheels and the frame; or [Source:
18.55.070.D.2]
3. A fenced, covered, locked, or guarded bicycle storage area. All bicycle units within the storage area shall measure, at minimum, 36 inches in width, 42 inches in height, and 72 inches Prin length to fit the average bicycle dimensions. [Source: 18.55.070.D.3] D. Motorcycle Parking Spaces. Commercial, office, or industrial uses more than 10,000 square feet in size shall designate at least one standard motorcycle parking space that meets all the following standards. [Source: 18.55.070.E]
1. The entrance of the space shall consist of concrete wheel stops affixed to a foundation by epoxy cement and results in a two-foot separation to provide access from the aisle or driveway. [Source: 18.55.070.E]
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of nonresidential uses shall include amenities that encourage alternative and/or active modes of transportation that reduce pollution or vehicle miles traveled (VMT) as a benefit to the community (i.e., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations, innovative bus shelter designs). The requirements of this Subsection are subject to approval by the Zoning Administrator on a recommendation from the City Engineer [Source: 18.55.070.F]
18.80.100 Parking Space and Drive Aisle Dimensions
A. Parking Space and Lot Dimensions. Covered and uncovered parking spaces shall comply with the following parking space dimension requirements.
1. General Requirements. Minimum parking dimensions are established in Table 18.80- C (Minimum Parking Space Dimensions). [Source: 18.55.080] Table 18.80-C: Minimum Parking Space Dimensions
Land Use Type of Space Width x Length in Feet
Standard Space Compact Space
Residential Spaces in a garage or
carport
Uncovered 8.5 x 19 8 x 16
Nonresidential Perpendicular 8.5 x 19 8 x 16
All Parallel space 9 x 23 8 x 20
2. Residential Garages. A new garage or alteration to an existing garage in a residential zoning district shall conform to the following minimum dimensions: [Source:
18.55.150.B]
a. Single-car garage (internal dimensions): 10 feet by 22 feet with a nine-foot door opening. [Source: 18.55.150.B.1]
b. Double-car garage (internal dimensions): 20 feet by 22 feet with a one 16-foot door opening or two, nine-foot door openings. [Source: 18.55.150.B.2] c. Any garage structure with the garage door or driveway facing a property line shall be set back a minimum of 20 feet from that property line and/or from a private vehicular access easement. [Source: 18.55.150.D] d. No interior door shall open into a garage space unless the door fully opens without encroaching into the above specified areas. A preexisting garage that does not meet these dimensional requirements is not deemed a nonconforming use solely because of this nonconformity in accordance with Section 18.200.050 (Nonconforming Uses). [Source: 18.55.150.B.2]
3. Residential Carports. Each single carport shall measure nine feet by 19 feet. The width of the carport is measured from the inside face of the support to the inside face of the opposite support. The carport roof shall cover the entire 19-foot length of the space. [Source: 18.55.150.C]
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4. Compact Parking Spaces. Compact car spaces may be provided as follows. [Source:
NEW]
a. Maximum Number of Spaces.
i. Residential Uses. Up to 50 percent of required guest parking spaces may be compact spaces. No required resident parking spaces shall be compact spaces. . [Source: 18.55.190.A]
ii. Nonresidential Uses. Up to 50 percent of required parking spaces may be compact spaces. [Source: 18.55.190.A]
b. Markings. Each compact parking spaces shall be clearly marked in letters reading “Compact” or “Compact Only”. [Source: 18.55.190.A] B. Relation to Parking Aisles. In addition to the parking space dimensions established in Table
18.80-C (Minimum Parking Space Dimensions), all parking spaces shall comply with the following standards in relation to parking aisles. [Source: 18.55.190.B
1. Obstructions.
a. Any parking space adjoining a wall, column, or other obstruction with a height measuring more than six inches shall be increased by two feet on each obstructed side. See Figure 18.80-1 (Parking Spaces Adjoining Walls, Columns, and Other Obstructions).
b. If the obstruction does not abut the required aisle, the two-foot increase may be reduced by three inches for each one foot of unobstructed distance between the edge of a required aisle to the obstruction, measured parallel to the depth of the parking space. [Source: 18.55.190.B.1, modified] Item 10.3
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Figure 18.80-1
Parking Spaces Adjoining Walls, Columns, and Other Obstructions
2. The driveway aisle providing access to the parking spaces from the street shall extend two feet beyond the end of the last parking space to allow for adequate vehicle movement. [Source: 18.55.190.B.2, modified]
C. Vertical Clearance. In covered parking areas, the vertical clearance for parking spaces shall be a minimum of seven feet. The following exceptions apply:
1. An entrance into a parking area may have a vertical clearance of 80 inches.
2. The vertical clearance of the front five feet of a parking space serving a residential use may be four and one-half feet. A sign prohibiting reverse parking shall be posted at the parking space. [Source: 18.55.190.C, modified]
D. Wheel Stops. Wheel stops shall be required at all parking stalls where the end of the stall is less than two and one-half feet from a fence, wall, pedestrian walkway, tree, other vertical obstruction, or landscape area not protected by a vertical curb. This requirement can be waived or adjusted at the discretion of the City Engineer. When a parking space abuts a landscaped planter less than six inches high, the front two feet of the required length for a parking space may extend into the planter.[Source: 18.55.190.D]
A. Aisle widths adjoining parking spaces shall be in compliance with Table 18.80-D (Minimum Parking Aisle Dimensions). [Source: 18.55.100.A]
Item 10.3
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18.80.110 Driveways and Site Access
A. Driveway Dimension Requirements. All driveways shall comply with the following dimensional requirements:
1. Driveway Width. Driveways shall comply with the following minimum widths based on the number of parking spaces. All driveway widths shall be measured at the gutterline. a. Residential Use (up to three spaces). Residential uses requiring up to three parking spaces shall have a driveway measuring at least 10 feet. [Source:
18.55.120.A]
Table 18.80-D: Minimum Parking Aisle Dimensions
Angle of Parking Parallel 20° 30° 40° 45° 50° 60° 70° 80° 90° A. Curb
length
per
car
All 20′ 0′′ 22′
10′′
16′ 2′′ 12′ 8′′ 11′ 6′′ 10′ 9′′ 9′ 7′′ 8′ 10′′ 8′ 7′′ 8′ 6′′ B. Stall
depth
Small 8′6 ′′ 12′ 6′′ 14′ 6′′ 16′ 0′′ 16′ 8′′ 17′ 0′′ 17′ 7′′ 17′ 7′′ 17′ 1′′ 16′ 0′′ Large 9′ 0′′ 15′ 0′′ 17′ 4′′ 19′ 2′′ 19′
10′′
20′ 5′′ 21′ 0′′ 21′ 0′′ 20′ 5′′ 19′ 0′′
C. Aisle
width
All 12′ 6′′ 12′ 0′′ 12′ 0′′ 12′ 0′′ 13′ 0′′ 15′ 0′′ 18′ 0′′ 20′ 0′′ 25′ 0′′ 25′ 0′′ D. Depth
of two
stalls
Small – 18′ 0′′ 22′ 6′′ 26′ 4′′ 28′ 1′′ 31′ 3′′ 31′ 5′′ 32′ 8′′ 32′ 10′′
32′ 0′′
Large – 21′ 5′′ 26′
10′′
31′ 4′′ 33′ 2′′ 34′
11′′
37′ 5′′ 38′ 9′′ 39′ 0′′ 38′ 0′′
E. Depth
of two
stalls
plus
aisle
Small 27′ 0′′ 36′ 0′′ 40′ 0′′ 44′ 0′′ 46′ 4′′ 49′ 0′′ 53′ 2′′ 54′ 2′′ 58′ 2′′ 56′ 0′′ Large 30′ 0′′ 42′ 0′′ 46′ 8′′ 50′ 4′′ 53′ 8′′ 55′
10′′
60′ 0′′ 62′ 0′′ 65′ 8′′ 63′ 0′′
Item 10.3
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b. Residential Use (four or more spaces). Residential uses requiring four or more parking spaces shall have a one-way driveway measuring at least 12 feet or a two-way driveway measuring at least 20 feet. [Source: 18.55.120.B] c. Nonresidential Use (less than 25 spaces). Nonresidential uses requiring less than 25 parking spaces shall have a one-way driveway measuring at least 12 feet or a two-way driveway measuring at least 20 feet. [Source: 18.55.120.C] d. Nonresidential Use (25 or more spaces). Nonresidential uses requiring less than 25 parking spaces shall have a one-way driveway measuring at least 15 feet or a two-way driveway measuring at least 26 feet. [Source:
18.55.120.C]
2. A new driveway shall not be placed on an arterial street unless other alternatives are unavailable and subject to review and approval of the City Engineer. [Source:
18.55.150.A]
3. Vertical Obstruction Clearance. All driveways shall have an additional clearance of at least one-foot on each side of a vertical obstruction exceeding one-half foot in height. [Source: 18.55.120]
4. Multiple Driveways.
a. Number of Driveways.
i. Property with less than 200 feet of frontage on an arterial street is limited to one driveway. [Source: 18.55.110.A]
ii. Property with 200 feet or more of frontage is limited to two driveways. [Source: 18.55.110.A]
iii. Joint use of driveways with adjacent property may be required in all cases to reduce the total number of driveways along arterial streets, improve the flow of traffic and lower accident potential. [Source:
18.55.110.A]
b. Multiple driveways serving the same parking facility shall be located at least 35 feet apart. [Source: 18.55.120]
5. The Zoning Administrator in consultation with the City Engineer, may require driveways to be modified from the above widths where unusual traffic, grade, or site conditions prevail. The Zoning Administrator may also require driveways to be constructed with full curb returns and handicapped ramps as opposed to simple curb depression. [Source: 18.55.120]
B. Access Requirements.
1. Driveway Access. All required parking spaces shall have unobstructed access to the nearest driveway and comply with the following standards. [Source: 18.55.080] a. No tandem parking, mechanical lifts, or other similar parking configurations are allowed to satisfy parking requirements established in this Chapter. [Source:
18.55.080]
Item 10.3
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b. All spaces in a parking facility shall be accessible without a vehicle needing to reenter a public right-of-way unless it is physically impossible to provide for such access. An alley may be used as maneuvering space for access to offstreet parking. [Source: 18.55.110.B]
2. Access Drives. Off-street parking facilities that do not abut a public street shall provide an access drive not less than 20 feet in width for two-way traffic, connecting the offstreet parking area with a public street. The access drive shall be paved in the manner required for off-street parking lots and may not traverse property in any residential zoning district unless the drive provides access to a parking area serving a use in a residential zoning district. [Source: 18.55.110.C]
3. Dead-End Access Driveway. A dead-end access or service driveway with a length of 150 feet or greater shall provide a turnaround consisting of at least one specifically designated parking space, or an equivalent alternative, as determined by the Zoning Administrator. [Source: 18.55.110.5]
4. Driveway Entrances.
a. All driveway entrances and exits are subject to the approval of the City Engineer. [Source: 18.55.110.E]
b. An entrance to a parking area accommodating more than 25 vehicles shall include a landscaped median strip. The design of the strip is subject to approval by the Planning Commission and the Architectural Review Commission. The strip shall be located to eliminate possible cross-traffic within the parking area within 50 feet of the public right-of-way. An applicant may request Zoning Administrator, Architectural Review Commission, or Planning Commission approval modifying this requirement based on the size of the parking area, the circulation plan, and sight and safety considerations. [Source: 18.55.110.F]
C. Circulation. Parking facilities shall be designed to comply with the following standards, where applicable, to promote effective and efficient circulation within parking lots [Source:
18.55.100.B]
1. Vehicles shall not enter a public right-of-way backwards, except for a single-family detached residence or a duplex where each unit is served by an individual driveway. [Source: 18.55.100.B.1]
2. Each preschool, day care center, private educational, institutional, or public recreational land use located in a residential zoning district or a commercial recreational facility shall include a drop-off area adjacent to a primary access or parking aisle. Drop-off areas, combined with accesses, shall have a minimum width of 12 feet for one-way traffic and 25 feet for two-way traffic. [Source: 18.55.100.B.2]
3. Parking lots shall provide a pedestrian walkway for every four parking aisles. [Source:
18.55.100.B.3]
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18.80.120 Screening, Lighting, and Landscaping
A. Screening.
1. Nonresidential Uses (five or more spaces). A parking area with five or more parking spaces serving a nonresidential use shall be screened from an adjoining R zoning district or a ground-floor residential use by a solid concrete, solid wood, or masonry wall at least eight feet in height, constructed to withstand a 15-pound-per-square-foot wind load, except that the height of the wall adjoining a required front setback in a residential zoning district shall not exceed three feet.
2. Residential Uses (five or more spaces). A carport or open parking area with five or more parking spaces serving a residential use shall be screened from adjoining R district or a ground-floor residential use by a solid concrete, solid wood, or masonry wall at least six feet in height, except that the height of a wall or fence adjoining a required front setback in a residential zoning district shall not exceed three feet. [Source: 18.70.150.A]
B. Lighting. Lighting in outdoor parking lots shall be designed, installed, and maintained to prevent nighttime sky light pollution and promote energy efficiently by illuminating only areas or objects necessary for safety and security. All outdoor parking lots shall conform to the following lighting standards: [Source: 18.70.150.B]
1. Exterior light fixtures shall be full cutoff fixtures designed and installed so that no emitted light will break a horizontal plane passing through the lowest point of the fixture.
See Figure 18.80-2 (Light Design). [Source: 18.70.150.B.1] Figure 18.80-2
Light Design
2. Light fixtures shall not be mounted higher than 24 feet above finished grade. [Source:
18.70.150.B.2]
3. Light sources shall be directed downward and shall not directly shine onto any adjacent street or property.
Item 10.3
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4. Light Temperature (color). The maximum color temperature of any exterior light source shall not exceed 3,000 Kelvins. [Source: NEW]
5. Maximum Light Intensity. Light sources shall not exceed the following light intensity maximums:
a. Maximum light intensity adjacent to any residential property line or residential zoning district boundary line shall not exceed 0.2 footcandles as measured in the vertical plane at the property line to a height equal to the height of the light source. [Source: 18.70.150.B.3]
b. Maximum illumination on a nonresidential site, except automobile and vehicle/equipment sales lots and automobile service stations, shall not exceed 10 footcandles when measured at finished grade. [Source: 18.70.150.B.4] c. The maximum light intensity on automobile vehicle equipment sales lots and automobile service stations shall not exceed 30 footcandles, when measured at finished grade, unless a higher lighting intensity is approved through a Use Permit. All luminaries mounted on the under surface of service station canopies shall be a full cutoff fixture. [Source: 18.70.150.B.5] d. The maximum color temperature shall not exceed 3,000 Kelvin. [Source:
NEW]
6. When a nonresidential use is closed, all outdoor parking lot lighting shall be completely turned off or light levels dimmed to half of when the business is open (pre-curfew). If safety and security lighting is warranted, an occupancy sensing system, subject to approval by the Zoning Administrator, shall be installed to bring outdoor lighting to sufficient brightness to meet the need, then reset to the lower level after a predetermined time. [Source: 18.70.150.B.6]
18.80.130 Additional Design Standards for Parking Facilities The Zoning Administrator, as recommended by the City Engineer, may require parking facilities to have paving, drainage, wheel stops, lighting, space marking, directional signs, ramp grades, litter collection containers, fire equipment, and queuing space for drive-in facilities, or ticket-dispensing booths or machines. [Source: 18.55.160]
A. Parking areas may not be used for auto sales, storage, repair work, dismantling, or outdoor open sales displays. [Source: 18.55.160.A]
B. Drainage/Stormwater Runoff. [Source: 18.55.160.B]
1. Parking facilities shall comply with the City’s current National Pollutant Discharge Elimination System (NPDES) Permit requirements for the treatment of stormwater runoff in accordance with Chapter 15.05 (Stormwater Management and Discharge Control). [Source: 18.55.160.B.1]
2. Surface water shall be discharged to natural or engineered off-site drainage facilities and may not drain off or across public or private sidewalks, pedestrian walkways, or Item 10.3
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areas not designed as drainage facilities. All industrial uses shall be required to install oil/water separators and/or grease traps on storm drain inlets. [Source: 18.55.160.2]
3. Parking facilities with 20 or more vehicle spaces, shall incorporate porous or permeable paving materials to reduce runoff and support on-site stormwater infiltration, subject to the Zoning Administrator and City Engineer approval. Acceptable materials include porous asphalt, permeable concrete, and interlocking pavers. Where used, porous pavement systems shall be designed and maintained in accordance with applicable City and stormwater management standards. [Source: NEW]
4. Landscaped areas within or adjacent to parking facilities should be designed, where feasible, as vegetated biofiltration features (e.g., bioswales or rain gardens) to further support stormwater management and reduce heat island effects. [Source: NEW] C. Surfacing.
1. A driveway or parking area, serving either a residential or nonresidential development, shall be surfaced with concrete or two inches of asphalt concrete over six inches of aggregate base or comparable concrete. Each driveway shall be graded and drained to dispose of all surface water, as described in Subsection B, to an approved drainage facility. [Source: 18.55.160.C]
2. As an alternative surfacing option, parking facilities serving 20 or more vehicle spaces may incorporate porous pavement in all or part of the facility, subject to approval by the Zoning Administrator and City Engineer. Porous surfaces must be structurally appropriate for expected traffic loads and maintained to ensure long-term infiltration performance. [Source: NEW]
D. Markings. [Source: 18.55.160.E]
1. Each parking space and parking facility shall be identified by surface markings and shall be maintained in a manner so all parking spaces are readily visible and accessible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking, and storage of vehicles. Marking required to be maintained in a highly visible condition includes striping, directional arrows, lettering and field color on signs in handicapped-designated areas. [Source: 18.55.160.E.1]
2. One-way and two-way accesses into required parking facilities shall be identified by directional arrows. Any two-way access located at any angle other than 90 degrees to a street shall be marked with a traffic separation stripe the length of the access; this requirement does not extend to aisles. [Source: 18.55.160.E.2]
3. Where the exit may not be clearly recognizable, directional signage shall be provided. [Source: 18.55.160.E.3]
4. Double Line Striping. If deemed necessary by the Zoning Administrator, each parking space shall measure eight and one-half feet from center to center, with double stripes two feet apart, as shown in Figure 18.80-3 (Double Line Striping). [Source:
18.55.160.D]
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Figure 18.80-3
Double Line Striping
18.80.140 Location and Design of Off-Street Loading Spaces A. Required off-street loading spaces shall be on the site of the use served or on an adjoining site. [Source: 18.55.170]
B. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Planning Commission. [Source: 18.55.170] C. A required loading space shall be accessible without backing a truck across a street property line unless it is determined infeasible by the Zoning Administrator and the alternative to back across a street property line is approved. [Source: 18.55.170] D. An occupied loading space shall not prevent access to a required off-street parking space. [Source: 18.55.170]
E. A loading area shall not be located in a required front or street side setback. [Source:
18.55.170]
F. Except in a C or LI zoning district, a loading area visible from a street shall be screened on three sides by a fence, wall, or hedge at least six feet in height. [Source: 18.55.170] Item 10.3
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Chapter 18.85
Performance Standards
Item 10.3
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Chapter 18.85 Performance Standards
Sections
18.85.010 Purpose and Applicability
18.85.020 Noise
18.85.030 Vibration
18.85.040 Odors
18.85.050 Hazardous Materials
18.85.060 Heat and Humidity
18.85.070 Electromagnetic Interference
18.85.010 Purpose and Applicability
A. Purpose. All land uses, activities, and processes shall be operated and maintained to not be injurious to public health, safety, or welfare, and to comply with the standards in this Chapter. [Source: NEW]
B. Applicability. In addition to the City noise regulations established in Chapter 9.15 (Noise), the following performance standards shall apply to all activities and land uses in all zoning districts.
The standards of this Chapter are assessed at the time of a new project development. [Source:
18.50.060, modified]
18.85.020 Noise
A. Noise Measurement Criteria. Exterior noise levels shall be measured in decibels (dB) at the property line of the noise source. Noise shall be measured with a sound level meter which meets the standards of the American National Standards Institute (ANSI) Section S1.4-1979, Type 1 or Type 2. The unit of measure shall be designated as dB. A calibration check shall be made of the instrument at the time any noise measurement is made. Where noise is measured at the property line of abutting zoning districts, the noise standard for the more restrictive district shall apply. [Source: 18.50.060.A]
B. Maximum Noise Levels. No use, activity, or process shall exceed the ambient noise levels established in Table 18.85-A. [Source: 18.50.060.A]
Table 18.85-A: Maximum Noise Standards by Zoning District Zoning District Maximum Noise Level Ldn or CNEL, dB
Residential and Neighborhood Business Districts (R, NB) 50 Commercial and Retail Business Districts (RB, C) 60
Office District (PAO) 65
Industrial District (LI) 70
Planned Development/Precise Plan District (PUD, PPD) Study Required Item 10.3
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C. Duration and Timing. The maximum noise standards established in Table 18.85-A may be modified as follows to account for the effects of time and duration on the impact of noise levels:
[Source: 18.50.060.A.1]
1. In residential zones, the maximum noise level shall be five dB lower between 10:00 p.m. and 7:00 a.m. [Source: 18.50.060.A.1.a]
2. Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the maximum noise level by five dB. [Source: 18.50.060.A.1.b]
3. Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the maximum noise level by 10 dB. [Source: 18.50.060.A.1.c] D. Acoustic Study. The Zoning Administrator may require an acoustic study for any proposed project which could have or create a noise exposure greater than that deemed acceptable for public health and safety. [Source: 18.50.060.A.2]
E. Noise Attenuation Measures. The Zoning Administrator may require a project to include noise attenuation measures if deemed necessary to ensure that the noise standards established in this Section are not exceeded. [Source: 18.50.060.A.3]
18.85.030 Vibration
No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site. [Source: 18.50.060.B]
18.85.040 Odors
No use, activity, or process shall produce objectionable odors that are perceptible without instruments by a reasonable person at the property lines of a site. [Source: 18.50.060.C]
18.85.050 Hazardous Materials
The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and any other applicable laws. [Source: 18.50.060.D]
18.85.060 Heat and Humidity
No use, activity, or process shall produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the site on which they are situated, that cause significant distress, discomfort, or injury to a reasonable person. [Source: 18.50.060.E]
18.85.070 Electromagnetic Interference
No use, activity, or process shall cause electromagnetic interference with normal radio or television reception in residential zoning districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated. [Source: 18.50.060.F] Item 10.3
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Chapter 18.90
Scenic Route Setbacks
Item 10.3
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Chapter 18.90 Scenic Route Setbacks
Sections
18.90.010 Purpose and Applicability
18.90.020 Designated Scenic Routes and Corridors
18.90.030 Setback Requirements
18.90.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to identify specific standards for development along the City and County designated scenic routes to preserve visual character and provide sufficient right-of-way to facilitate landscaping and accommodate bicyclists and pedestrians. [Source: NEW]
B. Applicability. The scenic route setback requirements apply to the roads and road segments established in Section 18.90.020.A. [Source: NEW]
18.90.020 Designated Scenic Routes and Corridors
A. Setback Required. The following roads and road segments are designated by the City as scenic routes requiring a scenic route setback in compliance with Section 18.90.030 (Setback Requirements):
1. Reliez Valley Road
2. Taylor Boulevard [Source: NEW]
18.90.030 Setback Requirements
A. Measurements. The scenic route setback area is measured from the street to the closest structure wall or projection in compliance with Section 18.55.040 (Measurements). [Source:
NEW]
B. No person may place a structure, fence, or wall; perform grading; or place fill material in a scenic route setback area unless it is a legally existing structure, fence, wall, grading, or fill in compliance with Section 18.200.040 (Nonconforming Structures), [Source: NEW] Item 10.3
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Chapter 18.95
Signs
Item 10.3
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Chapter 18.95 Signs
Sections
18.95.010 Purpose and Applicability
18.95.020 General Standards
18.95.030 Permit Required
18.95.040 Exempt Signs
18.95.050 Prohibited Signs
18.95.060 Maximum Wall Sign Area
18.95.070 Specific Sign Standards
18.95.080 Sign Design Guidelines
18.95.090 Temporary Sign Standards
18.95.100 Standards for Other Types of Temporary Commercial Signs
18.95.110 Master Sign Program
18.95.120 Minor Sign Adjustment
18.95.130 Major Sign Adjustment
18.95.140 Maintenance, Abandonment, and Obsolete Signs
18.95.150 Enforcement
18.95.010 Purpose and Applicability
A. Purpose. This Chapter establishes sign regulations to: [Source: 18.60.010]
1. Provide each sign user an opportunity for effective identification by limiting the number and area of signs allowed on all sites. [Source: 18.60.010.A]
2. Maintain and enhance the quality of the City’s appearance by limiting off-premises signs to avoid clutter. [Source: 18.60.010.B]
3. Enable users of goods and services to readily identify establishments offering services to meet their needs. [Source: 18.60.010.C]
4. Regulate the number and size of signs according to standards consistent with the types of establishments in each zoning district. [Source: 18.60.010.D]
5. Protect residential zoning districts from adverse impacts from excessive signs of adjoining nonresidential zoning districts. [Source: 18.60.010.E]
6. Provide fair and equitable regulations throughout the City. [Source: 18.60.010.F]
7. Provide substantial compliance with Citywide Sign Design Guidelines. [Source:
18.60.010.G]
Item 10.3
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8. Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads, and highways. [Source: 18.60.010.H]
9. Regulate signs in a manner so they do not physically interfere with or obstruct the vision of pedestrian or vehicular traffic. [Source: 18.60.010.I]
10. Avoid unnecessary and time-consuming approval requirements for certain minor or temporary signs that do not require review for compliance with the City’s Building and Electrical Codes, while limiting the size and number of such signs so as to minimize visual clutter. [Source: 18.60.010.J]
11. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational, and other noncommunicative aspects of signs. [Source: 18.60.010.K]
12. Regulate signs in a constitutional manner, which is content-neutral as to noncommercial signs. [Source: 18.60.010.L]
B. Applicability. The standards of this Chapter apply to signs in all zoning districts. Only the signs authorized by this Chapter shall be allowed. [Sources: NEW]
18.95.020 General Standards
A. Owner’s Consent. The consent of the property owner or person in control or possession of the real property is required before any sign may be placed on any private property in the City. [Source: 18.60.015.A]
B. Noncommercial Signs. Noncommercial signs are subject to the same sign standards established in this Chapter as commercial signs. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this Chapter, all noncommercial speech messages are deemed to be “on site,” regardless of location. [Source: 18.60.015.B] C. Substitution of Noncommercial Message. A noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this Chapter. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved, or exempt from the approval requirements, and no structural or electrical change is made. Substituted messages are subject to the same design, locational, and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display), and all Building and Electrical Code requirements, as would apply if the sign were used to display a commercial message. [Source: 18.60.015.C]
18.95.030 Permit Required
A. General requirement. No temporary or permanent sign shall be erected or displayed without a Sign Permit or Temporary Sign Permit, unless the sign is exempt under Section 18.95.040 (Exempt Signs). See Chapter 18.140 (Sign Permit) and Chapter 18.145 (Temporary Sign Permit) for permit processes and procedures. [Source: 18.60.030.A] Item 10.3
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B. Removal, Modification, or Relocation. The Zoning Administrator may require the removal, modification, or relocation of an existing sign as a condition of Sign Permit or Temporary Sign Permit approval if one of the following is found to be true: [Source: 18.60.030.A]
1. The proposed sign would be located on a site with an existing sign violation; or [Source:
18.60.030.A]
2. The approval of the Sign Permit or Temporary Sign Permit would result in a violation of the sign regulations established in this Chapter. [Source: 18.60.030.A]
18.95.040 Exempt Signs
The following signs are exempt from the regulations of this Chapter unless approved as part of a Master Sign Program under Section 18.90.110 (Master Sign Program). [Source: 18.60.020] A. Addresses and Name Plates. The following signs are intended to assist in identifying and locating a site.
1. Residential. Occupant name, street numbers, and street name signs as required by the Building Code or local fire protection district. [Source: 18.60.020.A]
2. Nonresidential. Signs for commercial, office, and industrial uses not over two square feet in area that display business information limited to business identification, addresses, hours of operation, phone numbers, accepted forms of payment, and trade associations. [Source: 18.60.020.J and 18.60.020.U]
3. Nonilluminated wall sign not over two square feet in area, displaying the name of the occupant or resident, or the address at the entrance of each business occupant space. [Source: 18.60.020.K]
B. Building Signs. Signs with the name of a building, date of erection, commemorative tablet, or similar content, when made of or carved into a permanent-type of material (e.g., stone, concrete, bronze, aluminum) and is an integral part of the structure. Such a sign may not exceed four square feet in area and may not be illuminated. [Source: 18.60.020.B] C. Construction Signs. Construction signs with a maximum total size of 24 square feet per individual frontage for commercial, office, and industrial zoning districts and 12 square feet per frontage for residential zoning districts. No freestanding construction sign shall exceed five feet in height. Construction signs shall be removed within 30 working days following the issuance of a Certificate of Occupancy. [Source: 18.60.020.C]
D. Directional or Informational Signs. On-site directional signs shall that meet all the following standards: [Source: 18.60.020.D]
1. Do not exceed one double-faced sign; [Source: 18.60.020.D]
2. Do not exceed four square feet in area; [Source: 18.60.020.D]
3. Do not exceed 80 inches in height measured from the ground to the bottom of the sign face area and 104 inches from the ground to the tallest portion of the sign. [Source:
18.60.020.D]
4. Does not include advertising material. [Source: 18.60.020.D] Item 10.3
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E. Door Signs. Exterior door signs in a nonresidential zoning district where the total area covered by signs (including exempt signs) is five square feet or less for each door. [Source:
18.60.020.E]
F. Flags. Official flags of the nation, the State of California, other states of the Nation, or City government flags mounted or flown no higher than the maximum building height of the underlying zoning district. [Source: 18.60.020.F]
G. Holiday Decorations. Holiday decorations, not advertising a product or sale, that are on display for a maximum of 60 consecutive days, no more than two times per calendar year. A holiday decoration that includes advertising is a regulated sign under this Chapter. [Source:
18.60.020.G]
H. Interior Signs. Signs within a building five feet or more from a window. [Source: 18.60.020.H] I. Lottery Signs. Signs for the California State Lottery, approved by the Lottery Commission for display by lottery game retailers. [Source: 18.60.020.I] J. Personal Property Sales Signs. Signs not exceeding six square feet and erected on private property for no more than three consecutive days six times per calendar year. [Source:
18.60.020.L]
K. Product Sign. Signs manufactured as a standard, integral part of a mass-produced product accessory to a commercial or public or semipublic use, including a telephone booth, vending machine, automated teller machine, gasoline pump, newspaper rack, and bus shelter sign. [Source: 18.60.020.N]
L. Public Agency Sign. Signs placed by a public agency on property owned by that agency. [Source: 18.60.020.O]
M. Public Interest Sign. Signs erected by a public agency, including public information, identification, directional signs, the City’s information A-frame signs, and banner signs erected on public property under the City banner policy. [Source: 18.60.020.P] N. Public Notice. Notices posted by a utility or other public or quasi-public agent in the performance of a public duty or by any person giving due legal notice. [Source: 18.60.020.Q] O. Real Estate Sign. Temporary signs on private property in any zoning district being offered for sale, rental, or lease subject to the following requirements. [Source: 18.60.020.R]
1. Residential Uses. In residential zoning districts or residential areas of PUD, HPUD, and PPD zoning districts, one on-site real estate sign is allowed that does not exceed six square feet. [Source: 18.60.020.R]
2. Nonresidential Uses. In nonresidential zoning districts, one temporary on-site real estate sign is allowed that does not exceed 32 square feet. [Source: 18.60.020.R]
3. Any freestanding sign shall not exceed six feet in height. The sign shall be removed within seven working days following the sale (close of escrow), lease, or rental of the property. [Source: 18.60.020.R]
Item 10.3
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4. During the construction of and initial opening of a multi-family residential development or single-family residential subdivisions with three or more homes, up to 24 square feet of sign area for temporary on-site real estate signs is allowed. [Source: 18.60.020.R.2]
5. Up to four off-site open house signs are allowed to be placed as necessary at street intersections leading to the open house, plus one on-site real estate company open house sign, provided the following requirements are met. [Source: 18.60.020.R.3] a. Each sign shall not exceed four square feet in area and three feet in height b. Sign shall only be displayed on the weekends or for the Contra Costa Association of Realtors-sponsored broker’s open house. [Source:
18.60.020.R.3]
c. Only one sign is allowed per intersection regardless of the number of open houses in the direction indicated by the sign. [Source: 18.60.020.R.3] d. No temporary off-site directional real estate sign shall be located on a wall or fence in the public right-of-way, on a utility pole, or on a public street, median strip, traffic island, public landscaped area, sidewalk or private property without permission of the owner. [Source: 18.60.020.R.3]
P. Recycling Facility Sign. Signs on a machine in a recycling facility not over four square feet in area, identifying the type of material to be deposited, operating instructions, and the name and phone number of the operator. [Source: 18.60.020.S]
Q. Service Station Sign. Gasoline service station fuel pump identification and/or price signs located on the pump top or pump face and not exceeding two square feet in area. [Source:
18.60.020.T]
R. State Inspection Sign. One official State inspection sign constructed of a permanent material for each type of inspection service offered on site, located flat against the wall of a building and not exceeding four square feet in area. [Source: 18.60.020.V] S. Temporary Noncommercial Signs. Signs that comply with Section 18.90.090 (Temporary Freestanding Sign Standards). [Source: 18.60.020.W]
T. Vehicle or Trailer Sign. An identification signs painted on or affixed to a vehicle or trailer only when all of the following apply: [Source: 18.60.020.X]
1. The vehicle or trailer is legally parked within a single, delineated parking space; and [Source: 18.60.020.X.1]
2. The sign is incidental to the primary use of the vehicle or trailer. The following criteria may be used in determining whether the sign is indeed incidental to the primary use of the vehicle or trailer: [Source: 18.60.020.X.2]
a. The sign is painted upon or applied in a permanent manner directly to an integral part of the vehicle or trailer or merely temporarily attached to the vehicle; [Source: 18.60.020.X.2.a]
b. The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable; [Source: 18.60.020.X.2.b] Item 10.3
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c. While the business is open, the vehicle is not moved and the vehicle is so parked or placed that the signs thereon are displayed to the public; [Source:
18.60.020.X.2.c]
d. The vehicle or trailer is regularly parked in a location and in a manner in a way so that it can be observed by passersby; [Source: 18.60.020.X.2.d] e. The vehicle or trailer is actively used as a vehicle in the daily function of the business to which such signs relate; [Source: 18.60.020.X.2.e] f. The vehicle or trailer is associated with, and necessary to, performing a service at the property in which the vehicle or trailer is located; and [Source:
18.60.020.X.2.f]
g. The sign includes directional language that would only be applicable if parked in the vicinity of the use. [Source: 18.60.020.X.2.g]
It is not necessary that any one or all the listed criteria be present in order to determine that a vehicle sign falls into the exempt or prohibited category; the criteria are intended to guide City staff toward making consistent determinations on the matter. [Source:
18.60.020.X]
U. Window Signs. Window signs in a nonresidential zoning district are allowed if the total window area covered by signs (including exempt signs) is 30 percent or less of the window area. For the purposes of this Section, “window area” means the window area of a single business, on each building elevation. Glass doors are excluded from the calculation of window area. [Source:
18.60.020.Y]
18.95.050 Prohibited Signs
Unless otherwise exempt, the following types of signs and locations of signs are prohibited: [Source:
18.60.060]
A. Signs located in a required setback adjoining a street property line in violation of Section
18.55.070 (Traffic Safety Visibility Area). [Source: 18.60.060.A] B. Signs with lighting, colors, design, or text that could be confused with a public traffic directional sign or control device. [Source: 18.60.060.B]
C. Signs which include obscene matter in violation of California Penal Code section 311 et seq. [Source: 18.60.060.C]
D. Exterior signs made of materials which are impermanent and will not stand exposure to weather, unless it is a temporary sign. [Source: 18.60.060.D] E. Roof signs. [Source: 18.60.060.E]
F. Outdoor advertising structure signs and/or signs located within a public right-of-way except for the following:
1. Signs associated with a City-approved bus shelter or bench; or Item 10.3
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2. Signs located within the Downtown Specific Plan area and approved by the City Engineer. [Source: 18.60.060.F]
G. Signs placed on, painted, or affixed to a vehicle or trailer which is parked on a public right-ofway, public property, or private property visible from a public right-of-way, if the apparent purpose is to advertise a product or business, or direct people to a business or activity located on the same or other property. [Source: 18.60.060.G]
H. Electronic readerboard signs larger than two square feet used as a window sign or if located on the exterior of a structure. Electronic service station fuel price signs are not considered to be “readerboard” signs. [Source: 18.60.060.H]
I. Balloon or similar inflated sign, except with a Temporary Sign Permit under Section 18.95.100 (Standards for Other Types of Temporary Commercial Signs). [Source: 18.60.060.I] J. Signs advertising tobacco products except as allowed in Section 9.45.230 (Restrictions on the advertising of tobacco products-Exceptions). [Source: 18.60.060.J] K. Commercial signs that are animated and/or moving, including mechanically or human powered or held signs within the public right-of-way, and any mechanically powered animated and/or moving commercial sign on private property, except as allowed in Section 18.90.070 (Specific Sign Standards), given that the movement associated with such signs is particularly distracting to motorists and thus, poses traffic safety hazards. [Source: 18.60.060.K]
18.95.060 Maximum Wall Sign Area
A. Applicability. Maximum sign area regulations established in this Section apply to wall signs and multiple-story office signs. They do not apply to freestanding signs, window signs, off-premises signs, shingle signs, temporary signs, or exempt signs. [Source: 18.60.040.A] B. Maximum Sign Area. All wall signs and multiple-story office signs shall comply with the maximum sign areas specified in Table 18.95-A Maximum Sign Areas: [Source: 18.60.040.B] C. Calculating Maximum Wall Sign Area. In determining compliance with maximum sign area, the following general regulations apply: [Source: 18.60.040.C] Table 18.95-A: Maximum Wall Sign Areas
Zoning District Maximum Sign Area
Residential zones 8 square feet per street frontage.
If a Sign Permit is approved, up to 32 square feet per street frontage is allowed as reasonable and necessary for identification of any of the following uses: Convalescent facility; cemetery; place of assembly; congregate care – general; cultural institution; day care – general; hospital; religious institution; private school; or subdivision community identification.
NB, RB, PAO, C and LI 1 square foot for each linear foot of building frontage.
Mixed use zones Residential components within a mixed-use zone are subject to the same maximum wall sign area provisions as residential zones.
Commercial components within a mixed-use zone are subject to the same maximum wall sign area provisions as NB, RB, PAO, and C zones.
REC If a Sign Permit is approved, up to 32 square feet per street frontage is allowed as reasonable and necessary for identification
Item 10.3
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1. Only one side of a building shall be used in calculating the building frontage. The Zoning Administrator may designate another side of a building as the building frontage if it is determined that: [Source: 18.60.040.C.1]
a. The primary access to the tenant spaces is from a side facing an interior side lot line; and [Source: 18.60.040.C.1]
b. The interior lot line is longer than the front lot line. [Source: 18.60.040.C.1]
2. Only the street frontage that is developed or approved for development is counted for purposes of determining the maximum allowable sign area. Vacant land reserved for future development is not counted. [Source: 18.60.040.C.2]
3. No sign or sign area allowed on one tenant’s building frontage shall be transferred to another tenant’s building frontage within a shopping center or other multi-tenant structure or development except in accordance with a Master Sign Program prepared under Section 18.95.110 (Master Sign Program). [Source: 18.60.040.C.3]
4. The sign area shall be measured using the simplest geometric shape that will encompass the extreme limits of the sign. Negative space that is bounded by sign elements shall be counted in the total sign area.
5. The background area of panel signs (area surrounding the lettering) shall not be included in the calculation of total sign area, provided that the background of the panel complies with the following standards: [Source: 18.60.040.C.4] a. Does not contain text; [Source: 18.60.040.C.4]
b. Is designed to be architecturally compatible with the building façade; [Source:
18.60.040.C.4]
c. Is proportionate to the size of the sign lettering; and [Source: 18.60.040.C.4] d. Is compatible with the colors, materials, and design of the sign. [Source:
18.60.040.C.4]
Item 10.3
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Figure 18.95-1
Wall Sign Area Management
18.95.070 Specific Sign Standards
A. Freestanding Signs. The following standards apply to freestanding signs. [Source:
18.60.050.A]
1. Freestanding signs shall not exceed the maximum sign areas established in Table
18.95-B (Maximum Freestanding Sign Areas by Zoning District). [Source:
18.60.050.A.1]
2. Calculating Maximum Freestanding Sign Area. The surface area of a freestanding sign shall be calculated by enclosing the extreme limits of all framing, writing, logo, representation, emblem, or other display within a single continuous perimeter Table 18.95-B: Maximum Freestanding Sign Areas by Zoning District Zoning District Maximum Size
Residential zones, OS, and REC 0.5 square foot for each lineal foot of street frontage up to a maximum of 16 square feet on one face or 32 square feet on two faces. A freestanding sign is only allowed for the uses listed in Subsection 18.95.060.B.
NB, RB and C 0.5 square foot for each lineal foot of street frontage up to a maximum of 32 square feet on one face or 64 square feet on two faces.
If the street frontage exceeds 250 feet, one additional freestanding sign is allowed, not to exceed 32 square feet on one face or 64 square feet on two faces.
PAO and LI 0.5 square foot for each lineal foot of street frontage up to a maximum of 16 square feet on one face or 32 square feet on 2 faces.
Mixed-use zones Residential components of a mixed-use zone are subject to the same maximum freestanding sign area provisions as residential zones.
Commercial components of a mixed-use zone are subject to the same maximum freestanding sign area provisions as NB, RB, and C zones Item 10.3
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composed of squares or rectangles with no more than eight lines. See Figure 18.95-2 Sign Area Measurement).
Figure 18.95-2
Sign Area Measurement
Item 10.3
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B. Other Regulations. A freestanding sign may not: [Source: 18.60.050.A.2] a. Be closer than 30 feet to another freestanding sign or to a projecting sign; [Source: 18.60.050.A.2.a]
b. Be closer to an interior property line than one-half its height; [Source:
18.60.050.A.2.b]
c. Extend over a public right-of-way nor be located on the same frontage as a projecting sign extending over a public right-of-way; [Source: 18.60.050.A.2.c] d. Be placed outside of a landscaped area; [Source: 18.60.050.A.2.d] e. Exceed eight feet in height in a nonresidential zoning district or exceed six feet in height in a residential zoning district; [Source: 18.60.050.A.2.e] f. Be considered a double-faced sign unless the two faces are an integral part of a single sign and the sign faces are designed to be identical in size and located back to back on opposite parallel planes. [Source: 18.60.050.A.2.f] C. Illumination and Movement. The following regulations apply to signs that are illuminated or move. [Source: 18.60.050.B]
1. No sign may have exposed fluorescent tubes or incandescent bulbs unless determined by the Sign Permit review authority to be an enhancement to the design of the sign and complementary to the architecture of the building facade. [Source: 18.60.050.B.1]
2. Signs indirectly illuminated shall use white or amber colored lights. [Source:
18.60.050.B.2]
3. Signs directly visible from a residential zoning district shall not be illuminated between 10:00 p.m. and 6:00 a.m., except during the hours the business is open. [Source:
18.60.050.B.3]
4. No movement or apparent movement of, or in, a sign or change in intensity of sign illumination is allowed, except for the following if consistent with the other provisions of this Chapter: [Source: 18.60.050.B.4]
a. Time or temperature signs. [Source: 18.60.050.B.4.a] b. Theater canopy signs. [Source: 18.60.050.B.4.b]
c. Electronic readerboard signs located inside a building and within three feet of a window if the total aggregate area of all electronic readerboard signs at any business location does not exceed two square feet. [Source: 18.60.050.B.4.c] D. Multiple-Story Office Signs. An office building at least three stories in height may have a multiple-story office sign to identify the building if: [Source: 18.60.050.C]
1. The sign is located below the top of the parapet at a height and scale architecturally in harmony with the building; [Source: 18.60.050.B.C.1]
2. There is only one identification sign per building; [Source: 18.60.050.C.2] Item 10.3
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3. Only individual letters or a logo are used and there are no cabinet or can signs. If lighted, the letters shall be internally illuminated; [Source: 18.60.050.C.3]
4. The sign is not indirectly illuminated; [Source: 18.60.050.C.4]
5. The sign complies with the maximum sign area established in Section 18.95.060 (Maximum Wall Sign Area). [Source: 18.60.050.C.5]
E. Off-Premise Signs. An outdoor sign advertising a business, product, or service not sold on the premise is not allowed, unless: [Source: 18.60.050.D]
1. The sign is needed to provide visibility of the business(es) from the nearest arterial or commercial collector street; and [Source: 18.60.050.D.1]
2. The sign is not located in a residential zoning district. [Source: 18.60.050.D.2] F. Projecting Signs. A projecting sign (also referred to as a “shingle” or “blade” sign) shall: [Source:
18.60.050.E]
1. Be set back at least five feet from an interior side property line, if applicable; [Source:
18.60.050.E.1]
2. Not exceed four square feet in area; [Source: 18.60.050.E.2]
3. Be at least seven and one-half feet, but not more than 20 feet, above the surface over which it projects, or not less than 14 feet above a vehicular passageway; and [Source:
18.60.050.E.3]
4. Not project above an apparent eave or parapet, including the eave of a simulated mansard roof. [Source: 18.60.050.E.4]
G. Theater or Cinema Sign. A Sign Permit may be issued for a theater or cinema sign deviating from the standards of this Section, including a marquee with changeable letters, brighter lights, or other features. [Source: 18.60.050.F]
H. Wall Signs. A wall sign, or the painting or decorating of a building with the purpose of advertising a message, shall comply with the maximum sign area requirements established in Section
18.95.060 (Maximum Wall Sign Area) and shall not: [Source: 18.60.050.G]
1. Project above an eave or parapet, including the eave of a simulated mansard roof; [Source: 18.60.050.G.1]
2. Project more than six inches from the face of the building; or [Source: 18.60.050.G.2] I. Window Signs. Window signs are exempt from Sign Permit review, provided the following standards are met: [Source: 18.60.050.H]
1. The window sign does not cover up more than 30 percent of the total window area for each building frontage (glass doors are not included in the calculation of total window area); and [Source: 18.60.050.H.1]
2. The window sign is not located in a residential zoning district, nor directly facing a residential zoning district. [Source: 18.60.050.H.2]
Item 10.3
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18.95.080 Sign Design Guidelines
In reviewing sign applications, the Architectural Review Commission shall ensure that all signs are in substantial compliance with the sign guidelines established in the Citywide Design Guidelines. [Source:
18.60.110]
18.95.090 Temporary Sign Standards
A. Temporary Freestanding Sign Standards.
1. General. Temporary freestanding signs are allowed as follows: [Source: 18.60.055.A] a. Commercial and Industrial Zoning Districts. [Source: 18.60.055.A.1] i. Commercial Signs. The Zoning Administrator may issue a Temporary Sign Permit for a temporary commercial freestanding or a portable sign subject to the requirements of Subsections B and C of Section
18.95.100 (Standards for Other Types of Temporary Commercial Signs). [Source: 18.60.055.A.1.a]
ii. Noncommercial Signs. A temporary freestanding noncommercial sign is allowed if it complies with the standards in Subparagraphs 2 through 3 of this Section. No Temporary Sign Permit is required.[Source:
18.60.055.A.1.a]
b. Residential and REC Zoning Districts. [Source: 18.60.055.A.2] i. Commercial Signs. No temporary freestanding commercial sign is allowed in a residential zoning district, except for an exempt real estate sign under Section 18.90.040 (Exempt Signs). Real estate signs are not permitted in the REC zoning district. [Source: 18.60.055.A.2.a] ii. Noncommercial Signs. A temporary freestanding noncommercial sign is allowed in a residential zoning district or the REC district if it complies with Subparagraphs 2 through 3 of this Section. A temporary freestanding noncommercial sign may be displayed as a temporary freestanding sign or as a building wall or fence mounted banner. No Temporary Sign Permit is required. [Source: 18.60.055.A.2.b] c. Mixed-Use Zoning Districts. [Source: NEW]
i. Residential. Residential components of a mixed-use zoning district are subject to the temporary freestanding sign standards for residential zoning districts established in Subparagraph A.1.b. [Source: NEW] ii. Commercial. Commercial components of a mixed-use zoning district are subject to the temporary freestanding sign standards for commercial zoning districts established in A.1.a. [Source: NEW] d. Dimensions. Table 18.95-C (Temporary Freestanding Sign Standards - Noncommercial) establishes standards for allowable size, aggregate area, Item 10.3
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spacing, and sign display duration for temporary freestanding noncommercial signs: [Source: 18.60.055.B]
B. Location. [Source: 18.60.055.C]
1. A temporary freestanding noncommercial sign shall not be attached to a utility or light pole, tree, or other vegetation, except that a temporary freestanding noncommercial sign may be displayed as a banner temporarily affixed to poles (other than utility poles or light poles) placed on private property solely for the purpose of displaying temporary signage or as a building wall mounted banner. [Source: 18.60.055.C.1]
2. A temporary freestanding noncommercial sign shall not obstruct or pose the threat of obstructing vehicular or pedestrian travel. The sign shall be located in compliance with the requirements of Section 18.55.070 (Traffic Safety Visibility Area). [Source:
18.60.055.C.2]
Table 18.95-C: Temporary Freestanding Noncommercial Sign Standards Standard Commercial And
Industrial Zoning
Districts
Residential and REC Zoning Districts
Properties with up to 150
feet of lineal street frontage3
Properties with over 150
feet of lineal street frontage3
Maximum Area per Sign
Face (single or doublesided)
16 square feet 6 square feet 25 square feet
Maximum Aggregate Area
for All Signs
64 square feet1 25 square feet 25 square feet
Maximum Individual Letter
Height
Not to exceed 50% of sign
face height or 12 inches
whichever is greater
Not to exceed 50% of sign
face height or 12 inches
whichever is greater
Not to exceed 50% of sign
face height or 12 inches
whichever is greater
Maximum Size of Any
Graphic, Emblem, Logo or
Photograph
Not to exceed 30% of sign
face area
Not to exceed 30% of sign
face area
Not to exceed 30% of sign
face area
Minimum Distance Between
Temporary Freestanding
Noncommercial Signs
Multiple signs, regardless of
spacing, arranged to appear
as one sign to convey a
single message or image,
are prohibited.
Multiple signs, regardless of
spacing, arranged to appear
as one sign to convey a
single message or image,
are prohibited.
Multiple signs, regardless of
spacing, arranged to appear
as one sign to convey a
single message or image,
are prohibited.
Maximum Height 8 feet 6 feet 6 feet
Sign Display Duration4 Up to 65 days, two times per
year, or up to 30 days, six
times per year, or any
combination of the above
that does not exceed a total
of 195 days per year, all
with at least 30 days
between each display
period2
Up to 65 days, two times per
year, or up to 30 days, six
times per year, or any
combination of the above
that does not exceed a total
of 195 days per year, all
with at least 30 days
between each display
period2
Up to 65 days, two times per
year, or up to 30 days, six
times per year, or any
combination of the above
that does not exceed a total
of 195 days per year, all
with at least 30 days
between each display
period2
NOTE: Mixed-use zones. Residential components of a mixed-use zoning district are subject to the standards for residential zoning districts, and commercial components of a mixed-use zoning district are subject to the standards for commercial zoning districts.
1 – The aggregate sign area applies whether the signs are located on an individual lot or within a single commercial shopping center, business park, industrial park or other complex of related buildings. 2 – Sign text changes may occur within each occurrence. 3 – When a property (lot) has more than one street frontage, only one is used to calculate street frontage. 4 – A record of sign display dates shall be maintained by the person displaying the sign and available to the city for review upon request.
Item 10.3
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3. A temporary freestanding noncommercial sign is not allowed in or over the public rightof-way (including public streets, alleys, sidewalks and unpaved areas). Except, in residential and REC zoning districts, a temporary freestanding noncommercial sign may be placed within the privately maintained portion of the public right-of-way that extends beyond the edge of sidewalk (or, beyond the edge of curb if no sidewalk exists) in the front setback, provided that it does not block or impede public or vehicular access, parking, traffic safety visibility area, utility access, or disabled access, and does not otherwise create a hazard or public nuisance. [Source: 18.60.055.C.3] C. Temporary Portable Freestanding Signs. A temporary portable freestanding sign (“A-frame,” “H-frame,” or similar sign): [Source: 18.60.057.B]
1. May be approved by the zoning administrator subject to compliance with design, siting and locational criteria established by the zoning administrator or as specified in an approved master sign program. [Source: 18.60.057.B.1]
2. May not be located within any public right-of-way (except in the Downtown Specific Plan area subject to approval by the city engineer). [Source: 18.60.057.B.2]
3. May not be located within areas regulated to preserve sight distance (see PHMC §
18.50.100). [Source: 18.60.057.B.3]
4. May be approved for display with a temporary sign permit for no more than 20 calendar days, up to six times each calendar year. [Source: 18.60.057.B.4] D. Temporary freestanding noncommercial signs shall not be lighted. [Source: 18.60.055.D]
18.95.100 Standards for Other Types of Temporary Commercial Signs A. Temporary Commercial Wall Signs. A Temporary Sign Permit may be approved for a temporary commercial wall sign if all the following standards are met: [Source: 18.60.057.A]
1. Sign Area. The temporary wall sign area shall not exceed a maximum of 25 square feet. Buildings with a frontage more than 100 linear feet, the maximum temporary wall sign area may be increased at the discretion of the Zoning Administrator, not to exceed the maximum sign area allowed under Section 18.95.060 (Maximum Wall Sign Area). [Source: 18.60.057.A.1]
2. Sign Width. The temporary wall sign width shall not exceed two-thirds of the width of the storefront. [Source: 18.60.057.A.2]
3. Number of Signs. No more than two temporary wall signs shall be displayed at any one time, and they shall not face in the same direction. [Source: 18.60.057.A.3]
4. Attachment. The temporary wall sign shall be securely attached to a wall, fascia, or window of the structure. [Source: 18.60.057.A.4]
5. Duration. The Temporary Sign Permit shall not allow a temporary wall sign to be displayed for more than 20 calendar days, six times each calendar year. [Source:
18.60.057.A.5]
6. Purpose. The temporary sign is necessary to: [Source: 18.60.057.A.6] Item 10.3
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a. Advertise a special event, promotion, sale, or other temporary activity; [Source: 18.60.057.A.6.a]
b. Maintain identity while a Sign Permit application is pending and until a permanent sign is erected; [Source: 18.60.057.A.6.b]
c. Warn of a temporary, dangerous condition; or [Source: 18.60.057.A.6.c] d. Advertise a temporary use allowed by a Temporary Use Permit. [Source:
18.60.057.A.6.d]
B. Other Commercial Temporary Signs. A Temporary Sign Permit may be issued for a flashing sign, searchlight, flag, pennant, streamer, spinner, air blown, or similar device. For these types of signs, the Temporary Sign Permit may be issued for no more than seven days, six times per calendar year. [Source: 18.60.057.C]
18.95.110 Master Sign Program
A. General Requirement. A site with more than four nonresidential tenants or proposing a renovation of more than 5,000 square feet shall have an approved Master Sign Program in accordance with Chapter 18.150 (Master Sign Program) before issuance of any occupancy permit and before any permanent sign is placed or modified. [Source: 18.60.080.A] The owner of an existing development may submit a Master Sign Program to be reviewed and approved by the Architectural Review Commission. [Source: 18.60.080.A] B. Variations. A Master Sign Program may include certain variations from the standards of this Chapter subject to the following: [Source: 18.60.080.B]
1. The Master Sign Program shall conform to the maximum sign area requirements of Section 18.95.060 (Maximum Wall Sign Area). The Architectural Review Commission may allow an increase in maximum wall sign area for individual tenants, provided that the overall allowable wall sign area for the project site is not exceeded. In addition, for a multiple building site, sign area may be transferred from one building frontage to another if the transfer does not exceed 50 percent of the area allowed for a particular frontage or tenant; [Source: 18.60.080.B.1]
2. The Master Sign Program may allow more than one freestanding sign per lot; [Source:
18.60.080.B.2]
3. The Master Sign Program may allow for decorative, “nongeneric,” temporary freestanding signs (such as “A” or “H” frames, menu boards, and small temporary promotional signs) on the premise. In the Downtown Specific Plan area, such signs may be allowed in the public right-of-way subject to review and approval by the City Engineer. Such temporary freestanding signs shall comply with the following standards:
a. Be limited to locations that would not impair or obstruct public access, disabled access, parking, loading, and/or required intersection or driveway visibility. b. Not be permanently attached to the ground or any other fence, wall or structure.
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c. The design, size, location, number, and spacing of such signs are subject to Architectural Review Commission approval. [Source: 18.60.080.B.3]
4. Conflicting Standards. In the case that the Master Sign Program has more restrictive requirements, including methods of measurement, than prescribed by this Chapter, the Master Sign Program shall be controlling. [Source: 18.60.080.B.4]
18.95.120 Minor Sign Adjustment
A. The Architectural Review Commission may approve minor adjustments involving not more than a 20 percent change from any provision of this Chapter as part of approval of a Sign Permit, except that a greater number of signs is not allowed. [Source: 18.60.090.A] B. Before approval of a minor adjustment, the Architectural Review Commission shall find that the adjustment complies with all the following standards: [Source: 18.60.090.B]
1. Is consistent with the intent of the specific purposes of this Chapter; [Source:
18.60.090.B.1]
2. Will not adversely affect adjacent properties or tenants; and [Source: 18.60.090.B.2]
3. Is necessary due to practical difficulties involved in the strict application of the standards of this Title to the project site or would result in a superior, more creative design. [Source: 18.60.090.B.3]
18.95.130 Major Sign Adjustment
A. The Planning Commission may approve major adjustments involving more than a 20 percent change from any provision of this Chapter through approval of a Use Permit. [Source:
18.60.100.A]
B. Before approval of a Use Permit for a major sign adjustment, the Planning Commission shall make the following findings in addition to the findings required by Chapter 18.155 (Use Permits): [Source: 18.60.100.B]
1. The adjustment is consistent with the intent of the specific purposes of this Chapter; [Source: 18.60.100.B.1]
2. The adjustment will not adversely affect adjacent properties or tenants; and [Source:
18.60.100.B.2]
3. The adjustment is necessary due to practical difficulties involved in the strict application of the standards of this Title to the project site or would result in a superior, more creative design. [Source: 18.60.100.B.3]
18.95.140 Maintenance, Abandonment, and Obsolete Signs
A. Maintenance. Each sign shall be: [Source: 18.60.070.A]
1. Maintained in a secure and safe condition; [Source: 18.60.070.A]
2. Maintained in good repair; and [Source: 18.60.070.A]
3. Cleaned, painted, and replaced as necessary to present a neat appearance. [Source:
18.60.070.A]
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B. Abandoned or Obsolete Sign. An on-premises sign advertising an activity, business, service or product shall be removed within 45 calendar days after a business is no longer in operation. If the sign is not so removed, the code enforcement officer may have the sign removed in accordance with the public nuisance abatement provisions of Pleasant Hill Municipal Code Chapter 7.05, and the property owner will be held responsible for the cost of removal. Any prior exceptions, adjustments, modifications or variances granted for the abandoned or obsolete sign are void 45 calendar days after the business is no longer in operation. [Source:
18.60.070.B]
18.95.150 Enforcement
A. If the City determines that a sign is not secure, safe, or in a good state of repair, it shall give written notice to the person responsible for the sign. If the defect is not corrected within the time allowed by the City, the City may revoke the Sign Permit or Temporary Sign Permit to maintain the sign and may remove the sign in accordance with the public nuisance abatement provisions of Chapter 7.05 (Public Nuisances). [Source: 18.60.070.A] B. Illegal Signs. An illegal sign is any sign in violation of this Chapter including, but not limited to, the following: [Source: 18.60.120.A]
1. A sign erected or displayed without a Sign Permit, unless the sign is exempt under Section 18.95.040 (Exempt Signs); [Source: 18.60.120.A.1]
2. A sign which is prohibited under Section 18.90.050 (Prohibited Signs); [Source:
18.60.120.A.2]
3. A sign which is a danger to the public or which is unsafe; [Source: 18.60.120.A.3]
4. A sign which is not properly maintained, abandoned, or obsolete under Section
18.95.140 (Maintenance, Abandonment, and Obsolete Signs); or [Source:
18.60.120.A.4]
C. Abatement.
1. An illegal sign violates this Zoning Ordinance and is considered a public nuisance and may be abated in accordance with any enforcement procedure established in Chapter
18.195 (Enforcement), or the public nuisance abatement procedures established in Chapter 7.05 (Public Nuisances). The cost of abatement is the responsibility of the owner. Each person who erects or maintains a sign which is subject to removal is jointly and severally liable for the cost of removal. [Source: 18.60.120.B]
2. In addition to all other remedies, the City has a lien upon the sign which it removes for the cost of removal and may, but is not required to, keep possession of the sign until the owner redeems it by paying the cost of removal. The City may dispose of the sign 30 calendar days after removal without further liability to the owner by giving the owner notice that the owner may redeem the sign by paying the cost of removal. [Source:
18.60.120.B]
3. An illegal sign on public property may be summarily removed without prior notice to the owner. [Source: 18.60.120.C]
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Chapter 18.100
Tree Preservation
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Chapter 18.100 Tree Preservation
Sections
18.100.010 Purpose and Applicability
18.100.020 Definitions
18.100.030 Permit Required
18.100.040 Exemptions
18.100.050 Preservation and Replacement Plan
18.100.060 Performance Security
18.100.070 Heritage Trees
18.100.080 Conditions of Approval
18.100.090 Penalties
18.100.100 Referral
18.100.110 Tree Removal Permit Expiration
18.100.120 Appeals
18.100.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish standards to protect and preserve trees throughout the City by identifying clear processes and procedures for the removal and replacement of trees.
B. Applicability. The standards of this Section apply to any person, firm, corporation, private or public utility, or governmental entity responsible for the removal, relocation, alteration, damage, or demolition of a protected tree or heritage tree. City initiated projects shall also be subject to the provisions of this Chapter unless specifically exempted by the City Council. [Source:
18.50.110.A]
18.100.020 Definitions
The following definitions apply to the standards of this Chapter.
A. Damage. Damage means any intentional action or gross negligence, which causes injury, death or disfigurement of a tree. Actions include, but are not limited to, cutting, girdling, poisoning, overwatering, soil compaction, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline or tree protection zone (if specified) of a tree.
B. Dead Tree. Dead tree means a tree that is dead or that has been damaged beyond repair or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs, or branches exist to sustain life) and has been determined to be such by the Zoning Administrator.
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C. Excessive Trimming. Excessive trimming means any of the following and is a prohibited act that constitutes removal:
1. Removing more than 25 percent, of the functioning leaf, stem, or root area within 12 months. Excessive trimming is potentially injurious to the tree resulting in the tree appearing as a “bonsai,” “lion’s tailed,” or “lolly-popped,” or overly thinned.
2. Removal of the leaf or stem area predominantly on one side, topping, or excessive tree canopy or crown raising. Exceptions may be considered by the Zoning Administrator subject to review and approval of a tree removal when such trimming is determined by the Zoning Administrator to be the only feasible way to provide necessary clearance from overhead utilities or public improvements or to abate a hazardous condition or public nuisance, or when the trimming is recommended by a certified arborist due to the health and/or structure of the tree.
3. The cutting of any root two inches or greater in diameter and/or severing more than 25 percent of the roots and/or pruning not in compliance with ANSI A-300, Part I pruning standard for trees, or the International Society of Arboriculture Pruning Best Management Practices (latest available revision of each).
D. Hazardous Tree. A hazardous tree is considered one that possesses a structural defect which poses an imminent risk if the tree or part of the tree that would fall on someone or something of value. Structural defect means any structural weakness or deformity of a tree or its parts.
E. Tree Removal. Tree removal means any of the following:
1. Complete tree removal such as cutting to the ground or extraction of the tree; and
2. Taking any action foreseeably leading to the death of a tree or permanent damage to its health or structural integrity, including but not limited to excessive trimming, cutting, girdling, poisoning, over-watering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree.
F. Tree Protection Zone (TPZ). The TPZ is a restricted activity zone where soil disturbance, storage or parking of vehicles, storage of any other materials or chemicals, and/or alteration of drainage is not allowed, unless otherwise approved by the City. The project arborist or a City arborist shall designate the area of the TPZ with a temporary fenced tree enclosure designed to protect the tree and its roots from disturbance. Within the TPZ, roots that are critical for tree survival are typically found in the upper three-foot soil horizon and may extend beyond the dripline of the tree.
18.100.030 Permit Required
A. General Requirements. No person, firm, corporation, private or public utility, or governmental entity shall remove, relocate, excessively trim, damage, or demolish a protected tree or heritage tree before obtaining a tree removal permit from the Zoning Administrator or approval from another applicable City decision-making body. [Source: 18.50.110.A] B. Protected Trees. For the purposes of this Chapter, all of the following are classified as “protected trees”: [Source: 18.50.110.A.1]
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1. Any native oak tree or indigenous tree with a trunk diameter measurement of nine inches or larger. Indigenous trees include but are not limited to: Alnus Oregona (Red Alder), Acer Macrophyllum (Bigleaf Maple), Aesculus Californica (California Buckeye), Arbutus Menziesii (Madrone), Umbellularia Californica (California Bay or Laurel), Juglans Hindsii (California Black Walnut), Platanus Racemosa (California Sycamore), or Sambucus Mexicana (Elderberry). The California Native Plant Society’s Calscape list of indigenous/native trees for the Bay Area can be referenced to determine whether a tree is considered native or indigenous to the region. [Source: 18.50.110.A.1.a and
18.50.110.A.1.b]
2. Nonnative trees, excluding Eucalyptus and Palm trees with a trunk diameter measurement of 18 inches or larger. Nonnative trees include species such as Sequoia Sempervirens (Coastal Redwood), Pinus Canariensis (Canary Island Pine), Pinus Halepensis (Aleppo Pine), Pinus Pinea (Italian Stone Pine), Pinus Radiata (Monterey Pine), Ulmus Americana (American Elm), Ulmus Parvifolia (Chinese Elm), Ulmus Pumila (Siberian Elm), Liquidambar Styraciflua (American Sweet Gum), Cedrus Deodara (Deodar Cedar), Cedrus Atlantica (Atlas Cedar), Fraxinus Uhdei (Shamel Ash), Fraxinus American (White Ash), Fraxinus Augustifolia (Raywood Ash), Cupressus (Cypress species), Morus Alba (Fruit/Fruitless Mulberry), Chinese Pistache, Robinia Pseudoacacia (Black Locust), Pyrus Calleryana (Bradford Pear), Cinnamomum Camphora (Camphor). [Source: 18.50.110.A.1.c]
3. Any tree shown to be preserved on an approved tentative map, development, or site plan or required to be retained as a condition of approval or environmental mitigation measure. [Source: 18.50.110.A.1.d]
4. Any tree required to be planted as a replacement for an unlawfully removed tree. [Source: 18.50.110.A.1.e]
5. Any tree designated as a “heritage tree” in compliance with Section 18.100.070 (Heritage Trees). [Source: 18.50.110.A.1.f]
Note: See subsection G of this Section for definition of trunk diameter measurement. [Source: 18.50.110.A.1.f]
C. Trunk Diameter Measurement. For the purposes of this Chapter, the trunk diameter shall be measured using the following parameters: [Source: 18.50.110.G.6]
1. Point of measurement shall start at 54 inches (DBH) above the existing ground surface adjacent to the trunk of the tree. [Source: 18.50.110.G.6]
2. The width of the tree shall be measured from one side of the trunk to the opposite side, or alternatively, measure the circumference of the tree’s trunk (in inches) and divide by Pi (3.14). [Source: 18.50.110.G.6]
3. For trees located on a slope, the trunk diameter shall be measured from the midpoint between the lowest and highest point of existing grade adjacent to the tree trunk. [Source: 18.50.110.G.6]
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4. For trees with more than one trunk, the combined diameter of all trunks measured at 54 inches (DBH) above the ground shall be the diameter of that individual tree. [Source:
18.50.110.G.6]
Figure 18.100-1: Tree Trunk Diameter Measurements
D. Arborist Report Required. Any application for a tree removal permit shall include a letter report prepared by a certified arborist addressing the health/condition of the tree, the rationale for removal, the feasibility of any alternatives to removal, and any recommendations for replacement trees. [Source: 18.50.110.A.2]
E. Criteria for Tree Removal Review. The Zoning Administrator, or other applicable review authority, shall consider the following factors in determining whether to approve the removal of a tree(s): [Source: 18.50.110.A.3]
1. Health or physical condition of the tree; [Source: 18.50.110.A.3.a] Item 10.3
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2. Any potential hazard or any risk presented by the tree determined using the ANSI A300, part 9 Standard for Tree Risk Assessment; [Source: 18.50.110.A.3.b]
3. Whether the tree is causing a public nuisance and/or a public safety hazard; [Source:
18.50.110.A.3.c]
4. Potential for the tree to be a detriment to other protected trees due to its location, overcrowding, or its health; [Source: 18.50.110.A.3.d]
5. Evidence of significant damage to property caused, or likely to be caused, by the tree; [Source: 18.50.110.A.3.e]
6. Any potential historic or cultural significance of the tree; [Source: 18.50.110.A.3.f]
7. Whether the tree substantially inhibits sunlight necessary for the operation of active or passive solar heating, cooling or energy generation and trimming or thinning is not a feasible alternative to removal; [Source: 18.50.110.A.3.g]
8. Whether the tree is obstructing proposed improvements that cannot be reasonably designed to avoid tree removal; [Source: 18.50.110.A.3.h]
9. Whether the tree is located in close proximity to a structure in a high fire hazard area and removal is necessary to create defensible space per applicable fire safety laws, regulations or Fire District requirements; [Source: 18.50.110.A.3.i]
10. Whether preservation of the tree(s) would render a site undevelopable, and the Planning Commission or City Council has determined that no economically viable use can be made of underlying or adjacent property if the tree is not removed and that every reasonable effort has been made to retain the tree; [Source: 18.50.110.A.3.j]
11. Feasibility of alternatives to removal of the tree (for example, depending on the circumstances, abandonment in place of a natural gas pipeline that is over 30 years old and relocation of the pipeline may be deemed a feasible alternative); [Source:
18.50.110.A.3.k]
12. Any other circumstances deemed relevant by the Zoning Administrator or other review authority based on site conditions, technical analyses, and/or the location of the tree. [Source: 18.50.110.A.3.l]
F. Third-Party Peer Review Arborist. When deemed necessary by the Zoning Administrator or other applicable review authority, a third-party peer review prepared by a certified arborist, board certified master arborist, or registered consulting arborist may be required (at the cost of the applicant) to perform one or more of the following analyses: [Source: 18.50.110.A.4]
1. Review the applicant’s arborist report and/or tree preservation and replacement plan, [Source: 18.50.110.A.4]
2. Physically inspect and evaluate the tree(s) proposed for removal, [Source:
18.50.110.A.4]
3. Provide a written analysis to include the peer review arborist’s findings and recommendations, or [Source: 18.50.110.A.4]
4. Provide recommendations regarding tree replacement. [Source: 18.50.110.A.4] Item 10.3
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G. Replacement Trees Required. [Source: 18.50.110.A.5]
1. Replacement Ratios. Unless otherwise specified by the Zoning Administrator or other applicable review authority, the replacement ratios for tree removal shall be as follows:
[Source: 18.50.110.A.5.a]
a. A protected native or indigenous tree approved for removal shall be replaced by at least two 15-gallon trees on the project site. [Source: 18.50.110.A.5.a.i] b. A protected nonnative tree approved for removal shall be replaced by at least one 15-gallon tree on the project site. [Source: 18.50.110.A.5.a.ii] c. In addition to the requirements in Subparagraphs a and b of this Subsection, removal of any protected tree, as part of an areawide program and/or discretionary development plan, that is located within or adjacent to the public right-of-way along Contra Costa Boulevard or within or adjacent to the Iron Horse Trail, may also be subject to additional mitigation requirements to address potential adverse communitywide social, economic, or environmental impacts of tree removals. Adverse impacts (individual or cumulative) that may require additional mitigation may include, but not limited to, biological values, aesthetics, loss of shade, economic vitality, air quality, vehicle speed, community identity, and other similar factors, resulting directly or indirectly from tree removal and the substantial length of time required for replacement trees to reach the same level of maturity and therefore provide the same functionality and benefits as the trees that are removed. [Source:
18.50.110.A.5.a.iii]
2. Replacement Tree Species. The species of the replacement trees shall be approved by the Zoning Administrator or other applicable review authority. [Source:
18.50.110.A.5.b]
3. Off-Site Replacement. Off-site tree replacement may be considered if the project site already has a significant mature tree population, to prevent overcrowding or infringement on existing structures. Adequate provisions for maintenance of the replacement tree shall be specified, subject to approval by the Planning Commission. [Source: 18.50.110.A.5.c]
4. Replacement Infeasible. If it is determined that on-site or off-site replacement of trees is not currently feasible due to lack of adequate space on site or lack of a suitable and available off-site location, the applicable review authority may, at its discretion, allow one of the following alternatives
a. Have the applicant to pay an in lieu fee to the City for provision of off-site trees at the ratio recommended in Paragraph G.1. The in lieu fee shall be based on the estimated value of the replacement tree(s) including any installation and maintenance costs and shall be approved by the applicable review authority. b. For a tree removal on a single-family residential property, the review authority may reduce or waive the tree replacement requirement, as appropriate.
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c. Require additional mitigation measures for each tree removed within or adjacent to Contra Costa Boulevard and/or within or adjacent to the Iron Horse Trail (see Subparagraph c of Paragraph G.1). [Source: 18.50.110.A.5.d]
5. Maintenance. Replacement trees shall be properly maintained by the permittee to ensure their survival. [Source: 18.50.110.A.5.e]
a. Replacement trees on single-family residential sites shall be maintained for a minimum of two years after planting. [Source: 18.50.110.A.5.e] b. Replacement trees on all other sites shall be maintained as noted in any landscape maintenance agreement and/or City approved landscape plan or tree preservation and replacement plan applicable to the site. [Source:
18.50.110.A.5.e]
18.100.040 Exemptions
A Tree Removal Permit is not required before removal of a protected tree under any of the following circumstances: [Source: 18.50.110.B]
A. Removal is determined necessary by Contra Costa Fire Protection District personnel actively engaged in fighting a fire. [Source: 18.50.110.B.1]
B. Removal of trees on property owned by the Pleasant Hill Recreation and Park District. [Source:
NEW]
C. Immediate removal is required to prevent imminent danger to life or property, such as with a “hazardous tree” as defined in Section 18.100.020 (Definitions) or if necessary to restore utility service within 48 hours of a storm, and the City Manager or their designee has been notified of the removal at the earliest opportunity, and it is not feasible to obtain a permit before removal.
In the case of immediate removal, a tree removal permit shall be submitted within five days following removal to ensure that the provisions of this Chapter and any other applicable provisions of the Municipal Code or applicable land use entitlements are satisfied. [Source:
18.50.110.B.2]
D. The tree is held for sale as part of a licensed nursery business. [Source: 18.50.110.B.3] E. The tree(s) are designated as “To Be Removed” on an approved subdivision map (tentative map or parcel map) or development plan provided that the tree removal has been reviewed and approved by the decision-making body for the subdivision map and/or development plan based on the criteria in Subsection E and a tree preservation and replacement plan has been approved in accordance with Section 18.100.050 (Preservation and Replacement Plan). [Source: 18.50.110.B.4]
F. The Zoning Administrator determines that the tree is dead.
1. The Zoning Administrator may require submittal of a report from a licensed arborist if deemed necessary to verify the condition of the tree.
2. A fee shall not be required for a determination by the Zoning Administrator that a tree is dead.
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3. Dead trees that are removed shall not require replacement unless located on a site with a City-approved landscape plan or landscape maintenance agreement, in which case, the dead tree shall be replaced on a 1:1 basis. [Source: 18.50.110.B.5, modified] G. Tree trimming that does not constitute “excessive trimming” as defined in Section 18.100.020 (Definitions). [Source: 18.50.110.B.6]
H. A governmental entity or a public or private utility determines the removal of a tree(s) is exempt from this Chapter by Federal or State law, regulation, or administrative order. A copy of such statute, regulation, or order shall be provided to the Zoning Administrator for approval. [Source:
18.50.110.B.7]
18.100.050 Preservation and Replacement Plan
A. General Requirements. A tree preservation and replacement plan prepared by a State licensed or certified professional shall be submitted when:
1. A discretionary land use entitlement application includes removal of protected trees.
This provision does not apply to an entitlement involving only one single-family residence where the Zoning Administrator may administratively require tree protection measures as needed if a proposed development has the potential to adversely impact a protected tree.
2. Required by the Zoning Administrator or other applicable review authority as a condition of a Tree Removal Permit approval.
B. Content Requirements. The tree preservation and replacement plan shall be subject to the review and approval of the Zoning Administrator or other applicable city decision making body and shall include: [Source: 18.50.110.C]
1. A map and inventory showing the location, species, health rating, size, and a unique tree number for all trees on the site. The trees to be removed, relocated, or demolished shall be labeled “To Be Removed” or marked with an “X” and the inventory shall indicate by notation why removal of each tree is necessary based on the criteria included in Subsection E of Section 18.100.030 (Permit Required). [Source:
18.50.110.C.1]
2. A report from a certified arborist, board certified master arborist, or registered consulting arborist describing the condition of all existing trees, the anticipated impacts of grading, trenching, and construction on the protected trees and recommending specific protective measures to be implemented before commencement of grading or construction to minimize potential adverse impacts on protected trees. The report shall designate TPZs for each protected tree and/or group of protected trees that are proposed to remain on-site and the additional measures such as protective fencing, staking, and signage necessary to avoid inadvertent damage to protected trees during grading and construction. All required tree protection measures shall also be included with the grading and/or construction documents for the development. [Source:
18.50.110.C.2]
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3. A replanting plan prepared by a licensed landscape architect or other professional approved by the City for replacement of each tree removed as required by the Zoning Administrator or other applicable City decision-making body. The planting plan shall include replacement trees as required in accordance with Subsection G and shall conform with ANSI A-300 Standard Part XXX (Planting). [Source: 18.50.110.C.3]
4. Provisions to ensure ongoing maintenance of any required replacement trees. [Source:
18.50.110.C.4]
18.100.060 Performance Security
To ensure the safety and well-being of existing protected trees that may be impacted by grading or construction and/or any replacement trees required to be planted in accordance with this Chapter, the Zoning Administrator or other applicable review authority may, at its discretion, require an applicant to post a cash deposit or other performance security acceptable to the City guaranteeing that each such tree will be protected against harm from grading or construction and will be adequately maintained. The performance security shall be posted with the Zoning Administrator before issuance of grading permits and shall be governed by the following provisions: [Source: 18.50.110.D] A. The Zoning Administrator shall establish the amount of the performance security which shall be equal to the estimated value of the protected trees. [Source: 18.50.110.D.1] B. The performance security shall remain in effect for a period of five years, or two years for singlefamily residential sites following the date of final inspection and acceptance of the development project by the City. [Source: 18.50.110.D.2]
C. The performance security shall provide that if the City determines that a protected tree has been removed, permanently damaged, or destroyed due to development activity during the effective period of the performance security, the City is entitled to recover the face amount of the performance security. [Source: 18.50.110.D.3]
D. At the expiration of the effective period of the performance security, if the city determines that the protected trees have not been removed, permanently damaged, or destroyed due to development activity, the performance security shall be refunded, or the surety bond terminated. [Source: 18.50.110.D.4, modified]
18.100.070 Heritage Trees
Notwithstanding any other provisions of this Chapter, a tree which is enrolled in the City’s Heritage Tree Program may not be removed, relocated, damaged, or demolished, and no permit or tree preservation and replacement plan authorizing such action may be issued, unless the Zoning Administrator or other applicable City decision-making body determines that the tree poses a hazard to property or danger of disease or infection to surrounding healthy trees. [Source: 18.50.110.E, modified] A. Eligibility. Any native or indigenous tree in the city with a trunk diameter measurement of 16 inches or more or any tree grouping in the city with at least one tree of this diameter is eligible for enrollment in the Heritage Tree Program, with the consent of the property owner. [Source:
18.50.110.E.1]
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B. Enrollment. The Zoning Administrator shall review and approve applications for enrollment in the Heritage Tree Program unless an eligible tree or tree grouping is unhealthy and cannot be saved. Upon approval of an application, the Zoning Administrator shall: [Source: 18.50.110.E.2]
1. Record the location and the plant number of each tree or tree grouping. [Source:
18.50.110.E.2.a]
2. Obtain a color photograph of the tree or tree grouping at the time of its enrollment. [Source: 18.50.110.E.2.b]
3. Affix a plaque on the tree or tree grouping identifying: [Source: 18.50.110.E.2.c] a. The scientific name of the tree(s); [Source: 18.50.110.E.2.c.i] b. The common name of the tree(s); [Source: 18.50.110.E.2.c.ii] c. The plaque number (i.e., Heritage Tree No. ____); and [Source:
18.50.110.E.2.c.iii]
d. The name of the owner. [Source: 18.50.110.E.2.c.iv]
4. Award a certificate to each property owner enrolling a tree or tree grouping in the program, expressing the appreciation of the City and its citizens. [Source:
18.50.110.E.2.d]
18.100.080 Conditions of Approval
The Zoning Administrator or other applicable review authority may impose reasonable conditions of approval on a tree removal permit, consistent with the purposes of this Chapter, to ensure safe and unobtrusive tree removal, replacement, relocation, and demolition; maintenance of replacement trees; and protection of trees not approved to be removed. It shall be a violation of this Chapter for any property owner or agent of the owner to fail to comply with any condition of approval or other requirement in accordance with this Chapter. [Source: 18.50.070.F]
18.100.090 Penalties
In addition to all other remedies established in the municipal code or otherwise provided by law, the following remedies shall be available to the City for violation of this Chapter: [Source: 18.50.110.H] A. For unlawful removal or damage of a native oak tree or heritage tree, a civil penalty may be imposed at the discretion of the City in an amount not to exceed $1,000 per tree unlawfully removed or damaged, or the replacement value of each such tree. Such amount shall be payable to the City. Failure to pay this penalty may result in imposition of a lien or special assessment on the property in the amount of the penalty and any additional costs incurred by the City in addressing the violation. [Source: 18.50.110.H.1] B. Replacement value for the purposes of this Section shall be determined utilizing “trunk formula method” as specified in the most recent edition of the Guide for Plant Appraisal, published by the International Society of Arboriculture. [Source: 18.50.110.H.1] Item 10.3
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18.100.100 Referral
The Zoning Administrator may refer any tree removal permit application directly to the Planning Commission (or Architectural Review Commission if the removal is on a site with a landscape plan previously approved by the Architectural Review Commission). [Source: 18.50.110.I]
18.100.110 Tree Removal Permit Expiration
An approved Tree Removal Permit shall be valid for a period of 12 months from the approval date, unless the tree is removed, or the permit is renewed by the Zoning Administrator or other review authority that originally approved the permit. [Source: 18.50.110.J]
18.100.120 Appeals
Any decision to approve or deny a Tree Removal Permit may be appealed by the applicant or any interested party in accordance with the procedures specified in Chapter 18.185 (Appeals and Calls for Review). [Source: 18.50.110.K]
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Chapter 18.105
Water-Efficient Landscaping
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Chapter 18.105 Water-Efficient Landscaping
Sections
18.105.010 Purpose and Applicability
18.105.020 Forms – Zoning Administrator Review
18.105.030 Submittal Requirements
18.105.040 Water-Efficient Landscape Standards
18.105.050 Landscape Plan Requirements
18.105.060 Landscape Water Irrigation Audit
18.105.070 Certifications
18.105.080 Landscape and Irrigation Maintenance Schedule
18.105.090 Provisions for Existing Landscaping
18.105.100 Disclosures
18.105.110 Fees
18.105.120 Irrigation Efficiency
18.105.130 Reporting
18.105.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish standards for landscape design and development that employ water-efficient design and management in a citywide effort to conserve water, because water is a limited resource which must be managed and used efficiently. Efficient water use can be increased through proper landscape design and management. The right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use The regulations of this Chapter are established in compliance with State law that requires all California jurisdictions to either adopt the State model waterefficient landscape ordinance or adopt a local ordinance that is at least as effective as the State ordinance. This Chapter conforms to the requirements of the State Water Conservation in Landscaping Act (Government Code Sections 65591 through 65599) and is at least as effective as the updated State model ordinance [Source: 18.52.010] B. Applicability. This Chapter applies to the following landscaping projects: [Source: 18.52.030]
1. A water-efficient landscape plan approval is required projects in all zoning districts that:
a. Propose the creation of 500 square feet or more of landscape area proposed in conjunction with a Zoning Permit, Building Permit, Grading Permit, Plan Check, or Architectural Review Permit. [Source: 18.52.030.A] Item 10.3
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b. Propose the rehabilitation of 2,500 square feet or more of landscaping proposed in conjunction with a Zoning Permit, Building Permit, Grading Permit, Plan Check, or Architectural Review Permit. [Source: 18.52.030.B]
2. For projects using treated or untreated graywater or rainwater captured on site, any lot within the project that has less than 2,500 square feet of landscape and meets the lot’s landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Section E of the Prescriptive Compliance Option maintained by the Zoning Administrator. [Source: 18.52.030.C]
3. Any project with an aggregate landscape area of 2,500 square feet or less, and proposed in conjunction with a Zoning Permit, Building Permit, Grading Permit, Plan Check, or Architectural Review Permit, may comply with either the requirements of this Chapter or with the Prescriptive Compliance Option maintained by the Zoning Administrator. [Source: 18.52.030.D]
4. Section 18.105.090 (Provisions for Existing Landscaping) and Section 18.105.100 (Disclosures) apply to existing landscaping. [Source: 18.52.030.E]
5. The standards of this Chapter do not apply to: [Source: 18.52.030.G] a. A landscaped area that is only temporarily irrigated for establishment purposes, or a landscaped area that is not irrigated with a permanent irrigation system. [Source: 18.52.030.G.1]
b. Registered local, State, or Federal historical sites, as determined by the Planning Commission or City Council. [Source: 18.52.030.G.2] c. An existing community garden, botanical garden or arboretum open to the public. [Source: 18.52.030.G.3]
C. Landscaped Area. For the purposes of this Chapter, decorative hardscape, mulch, and/or pervious pavement areas in all nonresidential zoning districts shall be treated as landscape areas (credited for up to 50 percent of required project landscaped area subject to Architectural Review Commission or Planning Commission approval) as part of a proposed project. [Source:
18.52.030.F]
18.105.020 Forms – Zoning Administrator Review
A. Forms. The Zoning Administrator shall develop detailed application and certification requirements consistent with 43 Cal. Code of Regs. § 490 et seq., including but not limited to:
[Source: 18.52.040.A]
1. Definitions (Appendix A to this Chapter); [Source: 18.52.040.A.1]
2. Water efficient landscape worksheet (Appendix B to this Chapter); [Source:
18.52.040.A.2]
3. Certificate of compliance: landscape design sheet (Appendix C to this Chapter); [Source: 18.52.040.A.3]
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4. Certificate of compliance: landscape installation sheet (Appendix D to this Chapter); [Source: 18.52.040.A.4]
5. Certificate of compliance: landscape maintenance sheet (Appendix E to this Chapter); [Source: 18.52.040.A.5]
6. Prescriptive compliance option (Appendix F to this Chapter). [Source: 18.52.040.A.6] B. Zoning Administrator Review. A Water-Efficient Landscape Plan, when applicable, shall be reviewed in conjunction with any applicable zoning approval, Building Permit, Architectural Review Permit, Development Plan, Planned Unit Development, Use Permit, or Subdivision.
The Zoning Administrator shall review each water-efficient landscape plan submittal for compliance with the provisions of this Chapter and may withhold issuance of a Zoning Permit, Building Permit, or Grading Permit for which its related landscape plan indicates an estimated total water use that exceeds the maximum applied water allowance for a proposed landscape, or is otherwise not in compliance with this Chapter. [Source: 18.52.040.B]
18.105.030 Submittal Requirements
A. General Requirements. An applicant requesting approval for any project that is subject to this Chapter shall submit a Water-Efficient Landscape application package, on forms provided by the Planning Division, before any grading or construction can begin on the proposed site. The landscape application package shall include all the following: [Source: 18.52.050.A, modified]
1. A project information sheet identifying the applicant’s name and description of the project, including location, type of development, source of irrigation water, total landscape area, and area of landscape to be rehabilitated. [Source: 18.52.050.A.1]
2. Certifications as required in Section 18.105.070 (Certifications). [Source:
18.52.050.A.2]
3. Water efficient landscape worksheet with calculations of the maximum applied water allowance and estimated total water use of the proposed landscape plan. [Source:
18.52.050.A.3]
4. Landscape and irrigation plan prepared in accordance with Section 18.105.040 (WaterEfficient Landscape Standards) and Section 18.105.050 (Landscape Plan Requirements). [Source: 18.52.050.A.4]
5. Maintenance schedule prepared consistent with the provisions of Section 18.105.080 (Landscape and Irrigation Maintenance Schedule). [Source: 18.52.050.A.5]
6. Soil management report. [Source: 18.52.050.A.6]
B. Waiver for Low Water Use Landscapes. The Zoning Administrator may waive the requirement for submittal of the water efficient landscape worksheet required by this Section; provided, that the landscape plan meets all the following requirements: [Source: 18.52.050.B]
1. Does not include any water features with more than 100 square feet of total surface area. [Source: 18.52.050.B.1]
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2. Does not include any turf or other plants identified as medium or high water use in Water Use Classification of Landscape Species (WUCOLS), unless they qualify as special landscape area. [Source: 18.52.050.B.2]
18.105.040 Water-Efficient Landscape Standards
The proposed landscape shall be creative and incorporate a variety of plantings to avoid uniformity and similar landscape designs. The landscape plan shall meet the following: [Source: 18.52.060] A. Required Elements. The landscape plan shall address all the following topics: [Source:
18.52.060.A]
1. Plant materials; [Source: 18.52.060.A.1]
2. Irrigation system design; [Source: 18.52.060.A.2]
3. Water features; and [Source: 18.52.060.A.3]
4. Grading and soil preparation. [Source: 18.52.060.A.4] B. The landscape plan shall be subject to the requirements of the Landscape Design Certificate of Compliance form maintained by the Zoning Administrator. [Source: 18.52.060.B]
18.105.050 Landscape Plan Requirements
The water-efficient landscape plan shall demonstrate that all the water-efficient landscape standards of Section 18.105.040 (Water-Efficient Landscape Standards) have been met. The plan shall include details and specifications reflecting best management practices for water-efficient landscape design. [Source: 18.52.070]
A. Planting Plan. The planting plan shall include information identified in the Landscape Design Certificate of Compliance form. [Source: 18.52.070.A]
B. Irrigation Plan. The irrigation plan shall include information identified in the Landscape Design Certificate of Compliance form. [Source: 18.52.070.B]
C. NPDES. The proposed landscape plan shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) intended to implement stormwater best management practices into the planting, irrigation, and grading plans to minimize runoff and to increase on-site retention and infiltration. [Source: 18.52.070.C]
18.105.060 Landscape Water Irrigation Audit
A landscape water audit shall be completed as specified in this Section to ensure that the installed landscape meets the requirements of this Chapter. [Source: 18.52.080] A. General Requirement. The City Landscape Irrigation Auditor or an independent third-party certified irrigation system auditor shall have an audit completed within 30 calendar days after completion of the landscape installation. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. Large projects or projects with multiple landscape installations shall complete at least one audit for every seven lots or approximately 15 percent of the project. [Source: 18.52.080.A] Item 10.3
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B. Repair or Correction. The City or independent third-party certified irrigation system auditor shall inform the applicant or owner of all the areas where the landscape project does not conform to this Chapter. This shall include, but is not limited to, all items listed on the Certificates of Compliance required for the project. The applicant or property owner shall repair or correct the noncompliance issues and the lot shall be re-audited for compliance within 30 calendar days of receipt of report from certified irrigation system auditor. [Source: 18.52.080.B]
18.105.070 Certifications
A. Applicability. Before final permit inspection or issuance of a Certificate of Occupancy for the project, the applicant shall submit completed Certificates of Compliance, on forms provided by the Planning Division, that the landscape has been designed and installed in compliance with the approved water-efficient landscape plan submittal and the requirements of this Chapter. [Source: 18.52.090]
B. Required Certificates of Compliance. The applicant shall submit completed Certificates of Compliance for all the following: [Source: 18.52.090]
1. Landscape Design. The licensed landscape architect, licensed landscape contractor, or any other person(s) authorized by law to design a landscape, who prepared the landscape design, shall complete the Landscape Design Certificate of Compliance form, certifying the landscape has been designed to comply with the criteria of this Section. [Source: 18.52.090.A]
2. Landscape Installation. The applicant shall complete the Landscape Installation Certificate of Compliance form, certifying the landscape has been installed, as specified in the landscape plans, and complies with this Section. [Source: 18.52.090.B]
3. Irrigation Installation. The certified irrigation system auditor shall complete the Landscape Installation Certificate of Compliance form certifying the landscape and irrigation system have been installed, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure, and any other factors necessary for accurate programming, as specified in the landscape plans, and comply with the criteria of this Section. [Source: 18.52.090.C]
4. Maintenance. The maintenance contractor/person for a landscape project(s) involving more than one single-family residence, or the property owner/resident for a landscape project for an individual single-family residence, shall complete the Landscape Maintenance Certificate of Compliance, certifying the landscape maintenance contractor, or person responsible for maintenance, agrees to manage the property using less water than the maximum applied water allowance. [Source: 18.52.090.D]
18.105.080 Landscape and Irrigation Maintenance Schedule The applicant shall develop a landscape maintenance specification and schedule for the landscape project that is consistent with the most recent acceptable best management practices for landscape maintenance. Schedules shall be submitted with the Landscape Maintenance Certificate of Compliance in accordance with Section 18.105.070 (Certifications) and shall specify, at a minimum: [Source:
18.52.100]
A. An annual landscape maintenance schedule including at least the following:
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1. Routine inspection;
2. Auditing, adjustment, and repair of the irrigation system and its components;
3. Aerating turf areas;
4. Topdressing with compost, replenishing mulch;
5. Seasonal pruning;
6. Weeding in all landscape areas; and
7. Removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. [Source:
18.52.100.A]
B. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components of greater efficiency. [Source: 18.52.100.B] C. Project shall be irrigated so that total annual water applied is less than or equal to the maximum applied water allowance (MAWA), if applicable. [Source: 18.52.100.C]
18.105.090 Provisions for Existing Landscaping
This Section applies to all landscaped areas that were installed before December 1, 2015. [Source:
18.52.110]
A. Each property owner in the city shall ensure the efficient use of landscape water and may utilize resources and services, such as irrigation surveys and landscape water use analysis, that are offered by the local retail or wholesale water utility. [Source: 18.52.110.A] B. Each property owner in the city is encouraged to prevent water waste resulting from inefficient landscape irrigation by limiting landscape irrigation to the hours between 8:00 p.m. and 10:00 a.m.; and by prohibiting runoff from the target landscape areas due to excessive irrigation run times, low head drainage, overspray, or other similar conditions where water flows onto an adjacent property, sidewalk, roadway, parking lot, or structure. Irrigation water runoff from the owner’s property is prohibited. [Source: 18.52.110.B]
C. The additional standards shall apply to existing landscapes installed prior to December 1, 2015, and over one acre in size: [Source: 18.52.110.C]
1. For landscapes that have a water meter, the property owner shall submit to the City (or with agreement with the local water district) irrigation water use analysis/audits to evaluate water use and include recommendations to reduce landscape water use to a level that does not exceed the maximum applied water allowance currently in effect. [Source: 18.52.110.C.1]
2. For landscapes that do not have a water meter, the property owner shall submit to the City (or with agreement with the local water district) irrigation water use analysis/audits to evaluate water use and include recommendations to prevent water waste. [Source:
18.52.110.C.2]
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18.105.100 Disclosures
A. Model Homes. All new model homes for a single-family residential subdivision or phase of a subdivision shall have front and corner (street) side setbacks that are landscaped in accordance with the provisions of this Chapter. At least one of the model homes shall include interpretive or informational signage highlighting for visitors the water-efficient landscape principles incorporated into the site landscaping. Signs shall include information about the site water use as designed per this Chapter; specify who designed and installed the water-efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment system. The developer shall make available brochures or other written or graphic media that informs visitors and potential buyers about the principles of water-efficient landscapes, including but not limited to those principles that are described in this Chapter. [Source: 18.52.120.A] B. Architectural Guidelines. This Chapter and the State Water Conservation in Landscaping Act shall preempt any architectural guidelines or covenants, conditions, and restrictions (CC&Rs) of a common interest development which have the effect of prohibiting the use of low water use plants as a group. “Common interest development” includes a homeowner association, community apartment project, condominium, planned development, and stock cooperative. [Source: 18.52.120.B]
C. Providing Information. For a landscape project subject to this, the property owner/resident is required to provide the following information to a subsequent site landscape maintenance company, new tenant, or owner at transfer of ownership or maintenance responsibility: [Source:
18.52.120.C]
1. Irrigation controller map; [Source: 18.52.120.C.1]
2. Programming table; and [Source: 18.52.120.C.2]
3. Annual maintenance schedules based on a water budget. [Source: 18.52.120.C.3]
18.105.110 Fees
An applicant subject to this Chapter shall pay submittal fees in the amount established by resolution of the City Council. [Source: 18.52.130]
18.105.120 Irrigation Efficiency
For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices. [Source: 18.52.140]
18.105.130 Reporting
The City shall report by January 31st of each calendar year to the Department of Water Resources and shall address the following: [Source: 18.52.150]
A. Note whether a single agency ordinance or a regional agency alliance ordinance was adopted, and the date of adoption or anticipated date of adoption. [Source: 18.52.150.A] B. Define the reporting period (calendar year). [Source: 18.52.150.B] Item 10.3
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C. Note if a locally modified water-efficient landscape ordinance (WELO) or the MWELO is being used. If using a locally modified WELO, how is it different than MWELO, is it at least as efficient as MWELO, and note any exemptions specified. [Source: 18.52.150.C, modified] D. Note the entity responsible for implementing the ordinance. [Source: 18.52.150.D] E. Note the number and types of projects subject to the ordinance during the specified reporting period. [Source: 18.52.150.E]
F. Note the total area (in square feet or acres) subject to the ordinance over the reporting period, if available. [Source: 18.52.150.F]
G. Note the number of new housing starts, new commercial projects, and landscape retrofits during the reporting period. [Source: 18.52.150.G]
H. Describe the procedure for review of projects subject to the ordinance. [Source: 18.52.150.H] I. Identify actions taken to verify compliance. [Source: 18.52.150.I] J. Identify enforcement measures. [Source: 18.52.150.J] K. Explain challenges to implementing and enforcing the ordinance. [Source: 18.52.150.K] L. Note educational and other needs to properly apply the ordinance. [Source: 18.52.150.L] Item 10.3
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Chapter 18.110
Wireless Telecommunications
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Chapter 18.110 Wireless Telecommunications
Sections
18.110.010 Purpose and Applicability
18.110.020 Exemptions
18.110.030 Permits Required
18.110.040 Application Submittal Requirements
18.110.050 Findings
18.110.060 General Development Standards
18.110.070 Nonconforming Provisions
18.110.080 Exceptions
18.110.090 Standard Conditions of Approval
18.110.100 Conditions of Approval for Section 6409(a) Modifications
18.110.110 Timing of Review
18.110.120 Peer Review
18.110.130 Decision
18.110.140 Revocation
18.110.150 Appeal
18.110.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish standards for antennas and wireless telecommunications facilities. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with Federal and State rules and regulations. These regulations also intend to protect neighbors from potential adverse impacts of such facilities, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards. [Source: 18.67.010] B. Applicability. The standards of this Chapter shall apply to any wireless telecommunication facilities, antennas, and structures for which land use approval is required, except for those facilities specified in Section 18.110.020 (Exemptions). [Source: NEW]
18.110.020 Exemptions
Each exempt facility listed in this Section shall fully comply with all other applicable requirements of the Municipal Code to the extent not specially exempted in this Section, including but not limited to the Item 10.3
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adopted California safety codes, including, California Building Standards Code (Title 24) , Electrical Code, Plumbing Code, Mechanical Code, and Fire Code. [Source: 18.67.110] A. The requirements of this Chapter do not apply to antennas or antenna structures established in this Section, unless otherwise noted in this Chapter.
B. Over-the-Air Reception Devices (OTARD) Antennas. [Source: 18.67.110.A]
1. Satellite Dishes 39.37 Inches (one meter) or Less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter and are either: [Source: 18.67.110.A.1] a. Intended for the sole use of a person occupying the same lot to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite; or [Source:
18.67.110.A.1]
b. A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services. [Source: 18.67.110.A.1]
2. Non-Satellite Dishes 39.37 Inches (one meter) or Less. Non-satellite dish antennas measuring one meter or less in diameter and are either: [Source: 18.67.110.A.2] a. Intended for the sole use of a person occupying the same lot to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or [Source: 18.67.110.A.2] b. A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services. [Source: 18.67.110.A.2]
3. Television Broadcast System (TVBS) Antennas. TVBS antennas are exempt provided that all the following are true: [Source: 18.67.110.A.3] a. The antenna is located entirely on and/or above the subject property; and [Source: 18.67.110.A.3]
b. No portion of any ground-mounted antenna is within a required front setback for the main building, in front of the main building, within a required side setback of a corner lot, or adjacent to a street. [Source: 18.67.110.A.3] C. Satellite Earth Station (SES) Antennas. SES antennas measuring two meters or less in diameter located on a property within any commercial or industrial zoning district that comply with all the following provisions. SES antennas are not exempt from obtaining a Building Permit and Zoning Permit for review of placement to ensure that maximum safety is maintained. [Source: 18.67.110.B]
1. The antenna is located entirely on and/or above the subject property; and [Source:
18.67.110.B]
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2. No portion of any ground-mounted antenna is within a required front setback for the main building, in front of the main building, within a required side setback of a corner lot or adjacent to a street. [Source: 18.67.110.B]
D. Amateur Radio Antennas. Antennas and antenna structures constructed by or for FCClicensed amateur radio operators that comply with all the following provisions. Such an antenna or antenna structure is not exempt from obtaining a Building Permit and Zoning Permit for review of placement to ensure that maximum safety is maintained. [Source: 18.67.110.C]
1. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width; [Source: 18.67.110.C.1]
2. The antenna boom measures 20 feet or less in length and is three inches or less in diameter; [Source: 18.67.110.C.2]
3. No antenna element exceeds 32 feet in length or two inches in diameter or width, except for mid-element tuning devices which shall not exceed six inches in diameter or width; and [Source: 18.67.110.C.3]
4. The turning radius of any antenna does not exceed 26 feet. [Source: 18.67.110.C.4]
5. All antennas and antenna structures shall comply with Section 18.110.060 (General Development Standards), and other applicable provisions of the municipal code. [Source: 18.67.110.C.5]
E. Public Safety Facilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used and maintained by the City, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use. [Source: 18.67.110.D] F. Temporary Mobile Facilities. Mobile facilities placed on a site for less than seven consecutive calendar days, provided any other necessary permits are obtained. [Source: 18.67.110.E] G. Collocation Facilities. A proposed collocation facility that meets all of the requirements of California Government Code Section 65850.6. [Source: 18.67.110.F] H. Emergency Facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the Police Chief or City Manager, so long as the facility is removed at the conclusion of the emergency. [Source: 18.67.110.G]
18.110.030 Permits Required
Telecommunication facilities, antennas, and structures shall obtain the following applicable permits unless exempt under Section 18.110.020 (Exemptions). [Source: 18.67.120] A. If the facility, antenna, or structure will be located in the public right-of-way, the following permits are required. [Source: 18.67.120.A]
1. Encroachment Permit.
a. An Encroachment Permit shall be required for any facility located within the public right-of-way other than a qualifying Federal Communications Commission (FCC) Section 6409(a) Modification. Applications for facilities Item 10.3
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within the public right-of-way are subject to review and approval by the City Engineer. an Encroachment Permit for a facility shall only be approved if the facility is in substantial conformance with the applicable general development standards in Section 18.110.060 (General Development Standards) and the “Guidelines for Wireless Communications Facilities” within the public right-ofway. Exceptions or deviations from the guidelines may be granted at the discretion of the City Engineer the findings for approval of an exception/deviation as established in Section 18.110.080 (Exceptions) are satisfied. The processing of an encroachment permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for city staff time processing the permit. [Source: 18.67.120.A.1 and 18.67.120.A.4] b. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property for the purposes of constructing a wireless telecommunications facility. [Source: 18.67.120.A.6]
2. Zoning Permit. A Zoning Permit shall be required for any Section 6409(a) modification.
Applications for Zoning Permits for a Section 6409(a) modification within the public right-of-way are subject to review and approval by the City Engineer. [Source:
18.67.120.A.2]
3. License. A license entered into with the City shall be required for use of any City-owned property within the public right-of-way. [Source: 18.67.120.A.3]
4. Building Permit. A Building Permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted. [Source: 18.67.120.A.5]
B. Encroachment Permit for Construction. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property. [Source: 18.67.120.A.6]Private Property and Public Property (excluding public right-of-way). [Source: 18.67.120.B]
1. Architectural Review Permit. An Architectural Review Permit is required for the following facilities: [Source: 18.67.120.B.1]
a. A monopole or any other antenna structure constructed by or for an FCClicensed amateur radio operator which, when fully extended, is between 35 and 60 feet in height, and/or has a turning radius exceeding 26 feet (when the antennas are rotated). [Source: 18.67.120.B.1.a]
b. A wireless telecommunications facility other than a Section 6409(a) modification, or an application for a small wireless facility collocation. [Source:
18.67.120.B.1.b]
2. Minor Use Permit. A Minor Use Permit shall be required for any wireless telecommunications facility that is a small wireless facility involving a new or replacement structure or that involves the collocation of a personal wireless services facility that is not a Section 6409(a) modification. The Zoning Administrator shall administratively review, process, conditionally approve or deny an application for a Item 10.3
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Minor Use Permit in accordance with the procedures established in Chapter 18.155 (Use Permit). [Source: 18.67.120.B.2]
3. Zoning Permit. A Zoning Permit shall be required for any Section 6409(a) modification.
No Architectural Review Permit shall be required for a Section 6409(a) modification. [Source: 18.67.120.B.3]
4. Use Permit. A Use Permit is required for the installation of: [Source: 18.67.120.B.4] a. An amateur radio antenna that is not exempt under this Chapter, when fully extended, exceeds 60 feet in height. [Source: 18.67.120.B.4.a] b. Any wireless telecommunications facility, monopole, or any other antenna structure constructed by or for a personal wireless services provider, not otherwise covered in this Section. [Source: 18.67.120.B.4.b]
5. Building Permit. A Building Permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted. [Source: 18.67.120.B.5]
6. Encroachment Permit. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on City-owned public property. [Source: 18.67.120.B.6]
7. License/Lease. A lease or license entered into with the city shall be required for any facility located within or upon City-owned public property. [Source: 18.67.120.B.7] C. Temporary Use Permit. A Temporary Use Permit is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code Section 8558 requiring additional service capabilities for a period not to exceed 90 consecutive calendar days. [Source: 18.67.120.C]
18.110.040 Application Submittal Requirements
An applicant seeking approval for a wireless telecommunications facility or a modification to a preexisting wireless telecommunications facility in accordance with this Chapter shall complete and submit an application to the Planning Division for review and processing, upon the approved form. [Source: 18.67.130]
18.110.050 Findings
In addition to the required findings for the applicable permit under Part 4 (Permit and Entitlement Processing Procedures), the review authority responsible for reviewing an entitlement permit in accordance with this Chapter may approve the permit only upon making one of the following findings:
A. Any and all applicable requirements in this Chapter have been satisfied; or B. To the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested an exception in accordance with Section Item 10.3
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18.110.080 (Exceptions) and the findings for granting an exception can be made. [Source:
18.67.140]
18.110.060 General Development Standards
A. General Development Standards. Each wireless telecommunications facility located on private property shall be designed, installed, and operated in compliance with these development standards, unless specifically stated otherwise in this Section.
1. Limited Requirements. Wireless telecommunication facilities approved under a Zoning Permit for a Section 6409(a) modification or an Encroachment Permit for facilities in a public right-of-way shall only be required to comply with the development standards in Paragraphs 1.b, 2.h, 3, 6, 9, and 10 of this Subsection. [Source: 18.67.150.A]
2. Location Requirements. [Source: 18.67.150.A.1]
a. Zoning Districts. No more than one monopole or any other antenna structure is permitted on any lot in a residential zoning district. A wireless telecommunications facility may be allowed in the Downtown Specific Plan area and the Contra Costa Center Specific Plan area and other future specific plan areas if listed as an allowed use within the approved specific plan. [Source: 18.67.150.A.1.a]
b. Airport Safety Zones. A wireless telecommunications facility shall not be installed within Airport Safety Zones 2, 3, or 4 for Buchanan Field, as identified in the General Plan, or for any other airport or heliport, unless the Airport Operator and the Airport Land Use Commission indicate in writing that the facility would not adversely impact airport operations. [Source:
18.67.150.A.1.b]
c. Collocation. Facilities owned by multiple wireless telecommunications providers shall be collocated on a single tower, monopole or building to the extent technically feasible and aesthetically desirable to minimize proliferation and visual impacts of new facilities. [Source: 18.67.150.A.1.c] d. Visibility from Public Places.
i. A wireless telecommunications facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to be effectively unnoticeable within the existing natural and/or manmade environment. [Source: 18.67.150.A.1.d]
ii. The smallest and least visible antennas possible should be installed which will reasonably accommodate the operator’s communication needs. [Source: 18.67.150.A.1.d]
iii. The City shall retain the authority to limit the number of antennas and related equipment at any site to minimize potential visual impacts. [Source: 18.67.150.A.1.d]
Item 10.3
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e. Setbacks. A wireless telecommunications facility and any related groundmounted equipment shall not be located in the front or street side setback of any lot, or within 200 feet of a lot with a residential use. The 200-foot linear measurement shall be taken from the base of any antenna structure, any structure that is supporting antennas, and/or any ground-mounted support equipment to the nearest property line of the residential use. [Source:
18.67.150.A.1.e]
3. Screening and Design Requirements. [Source: 18.67.150.A.2] a. Antennas. Antennas, antenna structures, and related equipment shall incorporate architectural, landscape, color, and/or other treatments to minimize potential visual impacts. [Source: 18.67.150.A.2.a] b. Natural Appearance. Ground-mounted facilities shall be screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views. [Source: 18.67.150.A.2.b]
c. Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and nonreflective material. [Source: 18.67.150.A.2.c] d. Blending with Architecture. Building-mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. This shall include use of complementary materials and complementary colored paint. Screening may include locating the facility or equipment within attics, steeples, cupolas, and towers or within a new architectural addition to a building or structure which is architecturally compatible with the building. Applicants are also encouraged to design wireless telecommunications facilities to serve as public art, particularly those in commercial, office, or retail zoning districts. [Source: 18.67.150.A.2.d] e. Specific Plan Areas. Within any specific plan area, all wireless telecommunications facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside attic spaces, steeples, cupolas, towers, below parapets, or concealed in architectural features. [Source: 18.67.150.A.2.e]
f. Exterior Lighting. Exterior lighting is limited to: [Source: 18.67.150.A.2.f] i. One exterior light with a maximum wattage of 100 watts over a door to equipment sheds. Light fixtures shall be equipped with cutoff lenses to minimize spill-over of light to adjacent properties; and [Source:
18.67.150.A.2.f.i]
ii. Other lights required by the Federal Aviation Administration (FAA) for communications facilities within Airport Safety Zones 2, 3 and 4. [Source: 18.67.150.A.2.f.ii]
Item 10.3
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g. Wall- and Building-Mounted Facility Dimension Standards. [Source:
18.67.150.A.2.g]
i. Roof-Mounted Antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna. [Source: 18.67.150.A.2.g.i]
ii. Wall-Mounted Antennas. Wall-mounted antennas shall not exceed a total of 50 square feet per buildingface. [Source: 18.67.150.A.2.g.ii] h. Unauthorized Access. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances. [Source: 18.67.150.A.2.h]
4. Noise Standards. Each facility shall be operated in such a manner to minimize any noise impacts. The maximum noise generation limit for communications facilities and transmission equipment is 50 decibels (measured on the CNEL scale) measured 10 feet from any noise-generating use on the site. Final building plans for new and remodeled facilities shall include a letter from a qualified acoustical engineer certifying that building plans comply with this standard. [Source: 18.67.150.A.3]
5. Height. A wireless telecommunications facility, whether building- or ground-mounted, shall be no taller than 12 feet above the maximum allowed height limit of the main building in the zoning district in which the facility is located. [Source: 18.67.150.A.4]
6. Undergrounding. Extensions of electrical and telecommunications landlines to serve wireless telecommunications facilities shall be undergrounded. [Source:
18.67.150.A.5]
7. Signs. Wireless telecommunications facilities shall include the installation of allweather emergency information signs on-site in a reasonably visible location. Each sign shall indicate, at minimum, the site address and a 24-hour emergency contact phone number. [Source: 18.67.150.A.6]
8. Service Roads. Existing roads and easements shall be used to the extent feasible.
New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the City or the Contra Costa Fire Protection District. [Source:
18.67.150.A.7]
9. Landscaping and Tree Preservation. [Source: 18.67.150.A.8] a. Landscape Plan. Any existing trees or significant vegetation shall be retained as part of an approved landscape plan for the project. [Source:
18.67.150.A.8.a]
b. Protection. Before commencement of work, existing trees in the vicinity of the facility and along any access roads and trenching areas shall be protected from damage with temporary construction fencing or other methods approved by the Zoning Administrator. Grading, cutting or filling is prohibited in the Item 10.3
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dripline of any tree required to be preserved. Underground lines shall be located to minimize damage to tree roots. [Source: 18.67.150.A.8.b] c. Restoration. All areas disturbed during project construction shall be revegetated with similar plant material before issuance of a certificate of occupancy. [Source: 18.67.150.A.8.c]
10. Compliance with Laws. All wireless telecommunications facilities shall comply with the applicable provisions of this Chapter as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code, and rules and regulations imposed by State and Federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the FCC, California Public Utilities Commission (CPUC), and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 calendar days of the effective date of such standards, unless otherwise mandated by the Federal or State agency. Changes to approved projects are subject to review and approval by the Zoning Administrator or other applicable City decisionmaking body. Failure to comply with adopted new State or Federal requirements shall be grounds for permit revocation in accordance with Section 18.110.140 (Revocation). [Source: 18.67.150.A.9]
11. Public Health. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. [Source: 18.67.150.A.10, modified] a. No facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, County, State, or Federal government. [Source:
18.67.150.A.10]
b. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this Chapter shall be grounds for the City to immediately terminate any permit granted under this Chapter, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city. [Source: 18.67.150.A.10]
12. Performance Bond. Before a Building Permit or Electrical Permit is issued, the applicant shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or another form of security approved in advance by the City for the removal of the facility in the event that the use is abandoned or the permit is revoked, terminated, or expires. The security shall be in the amount equal to 100 percent of the cost of physically removing the wireless telecommunications facility and restoring the site to the condition as it existed before the original deployment of the facility and all related facilities and equipment on the site The amount shall be based on the higher of two contractors’ quotes for removal that Item 10.3
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are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review. [Source: 18.67.150.A.11] B. Special Provisions for Amateur Radio Antennas and Antenna Structures. In addition to the general development standards in this Section, amateur radio antennas and antenna structures shall comply with the following standards: [Source: 18.67.150.B]
1. Height. The minimum height and size necessary to reasonably accommodate the operator’s communication needs, in accordance with FCC regulations as established in FCC Order “PRB-1.” [Source: 18.67.150.B]
2. Retractable monopoles may be required for antenna structures over 35 feet in height which are in or within 200 feet of a lot with a residential use. The City may require that, at times when not in operation, the monopole be retracted to the lowest elevation possible to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping, and/or any other site improvements. [Source:
18.67.150.B]
18.110.070 Nonconforming Provisions
Any wireless telecommunications facilities existing before April 19, 2017 that are nonconforming to the provisions of this Chapter may continue to be operated, repaired, and maintained but shall not be enlarged, expanded, relocated or modified in a way that increases nonconformance with this Chapter, unless otherwise allowed by Federal law. [Source: 18.67.350]
18.110.080 Exceptions
A. The City Engineer, Zoning Administrator, or other review authority considering the permit application may grant exceptions to the design and location standards for wireless communications facilities subject to this Chapter if it is determined that the denial of an application or strict adherence to the location and design standards would: [Source:
18.67.160.A]
1. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of Federal law; or [Source: 18.67.160.A.1]
2. Otherwise violate applicable laws or regulations; or [Source: 18.67.160.A.2]
3. Require a technically infeasible location, design, or installation of a wireless facility; [Source: 18.67.160.A.3]
4. Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits. [Source: 18.67.160.A.4]
B. If the applicant requests an exception and the review authority considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design, installation, or minor nonconformance. [Source: 18.67.160.B] Item 10.3
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18.110.090 Standard Conditions of Approval
All permits issued under this Chapter shall comply with the conditions of approval established in this Section. The City Engineer, Zoning Administrator, or other review authority considering the permit application under this Chapter shall have discretion to modify, supplement, waive, or amend these conditions on a case-by-case basis as necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the purpose of this Chapter. [Source: 18.67.170]
A. Permit Term. Any permit for a wireless communications facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the permit issuance date, except when California Government Code Section 65964(b) authorizes the City to issue a permit with a shorter term. [Source: 18.67.170.A]
B. Code Compliance. The permittee shall maintain compliance with all applicable Federal, State, and local laws and regulations. [Source: 18.67.170.B]
C. Inspections – Emergencies. The City or its designee shall be allowed into the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. [Source: 18.67.170.C] D. Contact Information for Responsible Parties. The permittee shall maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one contact person All contact information for responsible parties shall be provided to the Zoning Administrator upon permittee’s receipt of the Zoning Administrator’s written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Zoning Administrator upon that person’s verbal request. [Source: 18.67.170.D] E. Indemnities.
1. The permittee and, if applicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify, and hold harmless the City, its agents, officers, officials, and employees from: [Source: 18.67.170.E] a. Any and all damages, liabilities, injuries, losses, costs and expenses, and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void, or annul the City’s approval of the permit; and [Source: 18.67.170.E] b. Any and all damages, liabilities, injuries, losses, costs and expenses, and any and all claims, demands, law suits or causes of action, and other actions or proceedings of any kind or form, whether for personal injury, death, or property damage, arising out of or in connection with the activities or performance of the permittee or private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors. [Source: 18.67.170.E]
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2. Permittees shall be strictly liable for interference caused by their facilities with the City’s communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the City attributable to the interference. [Source: 18.67.170.E]
3. In the event the City becomes aware of any such actions or claims, as mentioned in this Subsection, the City shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. [Source:
18.67.170.E]
F. Adverse Impacts on Adjacent Properties. The permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements. [Source: 18.67.170.F] G. General Maintenance. The site and facility, including but not limited to all landscaping, fencing, and related transmission equipment, shall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. [Source: 18.67.170.G, modified]
H. Graffiti Removal. All graffiti on facilities shall be removed at the sole expense of the permittee within 48 hours after notification from the City. [Source: 18.67.170.H] I. RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but before unattended operations of the wireless telecommunications facility, permittee or its representative shall provide the City documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer. [Source: 18.67.170.I] J. Build-Out Period. This permit shall lapse 12 months after its date of approval unless one of the following has occurred: [Source: 18.67.170.J]
1. A Building Permit has been issued, substantial money has been expended, and construction diligently pursued; [Source: 18.67.170.J.1]
2. A certificate of occupancy has been issued; [Source: 18.67.170.J.2]
3. The facility is constructed or modified as approved and in operation; or [Source:
18.67.170.J.3]
4. The build-out period is extended by the review authority which originally approved the permit. [Source: 18.67.170.J.4]
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K. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source: 18.67.170.K] L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, between the hours of 8:30 a.m. and 4:30 p.m. Testing is prohibited on Saturdays, Sundays, and Federally recognized holidays. [Source: 18.67.170.L] M. Utilities Undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground. [Source: 18.67.170.M] N. Encroachment. Permittee shall obtain an Encroachment Permit for any work, staging, operations, or construction access in the public right-of-way or on City-owned public property.
The permit shall require the applicant to comply with, but not be limited to, the following requirements: [Source: 18.67.170.N]
1. Hours of operation within the public right-of-way or easement shall be restricted to 8:30 a.m. to 4:30 p.m. on weekdays only. [Source: 18.67.170.N.1]
2. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project. [Source: 18.67.170.N.2]
3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles. [Source: 18.67.170.N.3]
4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way. [Source: 18.67.170.N.4]
5. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan. [Source: 18.67.170.N.5]
6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays. [Source: 18.67.170.N.6]
7. The contractor shall obtain approval in writing from the City Engineer before commencing work in the public right-of-way on weekends or holidays. [Source:
18.67.170.N.7]
8. The contractor shall be responsible for repairing any damage to City property and to restore City property to any applicable City standards. [Source: 18.67.170.N.8]
9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable. [Source: 18.67.170.N.9]
O. Other Approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with Federal, State, and local laws, rules, and regulations. [Source: 18.67.170.O] P. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Chapter. [Source: 18.67.170.P]
Item 10.3
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Q. Performance and Maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the permittee. [Source: 18.67.170.Q] R. Performance Bond. Before a Building Permit or Electrical Permit is issued, the applicant shall file with the City and shall maintain in good standing throughout the term of the approval, a performance bond or another form of security approved in advance by the City for the removal of the facility in the event that the use is abandoned or the permit is revoked, terminated, or expires. The security shall be in the amount equal to 100 percent of the cost of physically removing the wireless telecommunications facility and restoring the lot to the condition as it existed before the original deployment of the facility and all related facilities and equipment on the lot. The amount shall be based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review. [Source: 18.67.170.R]
S. Conflicts with Improvements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at their own expense, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the City by reason of any change of grade, alignment, or width of any public rightof-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way. [Source: 18.67.170.S] T. City Access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, before disabling or removing wireless telecommunications facility elements. [Source: 18.67.170.T] U. Collocation. Where the wireless telecommunications facility site can accommodate a collocation upon the same site, the owner and operator of the facility shall allow another carrier to collocate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions. [Source: 18.67.170.U]
V. Interference. To the extent allowed under applicable Federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a Federal agency with jurisdiction over such matters finds that a facility is operating in violation of Federal standards, the permittee shall promptly provide the Zoning Administrator, or City Engineer as applicable, Item 10.3
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with a copy of any notice of such violation issued by any Federal agency and shall notify the Zoning Administrator or City Engineer once the facility comes back into compliance with applicable standards. [Source: 18.67.170.V]
W. Discontinuance of Use. Antennas, support structures, and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless telecommunications facility operating under a Use Permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the Planning Division with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures, and related equipment within 90 calendar days of the discontinuation of the use. [Source:
18.67.170.W]
X. Compliance Verification. No later than 12 months after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, State, and Federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans.
These reports shall be submitted and reviewed by the Zoning Administrator or City Engineer as applicable within five working days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the City to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this Chapter. [Source: 18.67.170.X]
18.110.100 Conditions of Approval for Section 6409(a) Modifications A. Required Findings. The Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way shall issue a Zoning Permit for a Section 6409(a) modification only upon finding that the proposed Section 6409(a) modification: [Source:
18.67.210]
1. Meets all applicable criteria for an eligible facilities request stated in 47 C.F.R. §§
1.6100(b)(3) through (9), or any successor provisions, after application of the definitions in 47 C.F.R. § 1.6100(b). The Zoning Administrator or City Engineer, shall make an express finding for each criterion; [Source: 18.67.210.A]
2. Complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. §§ 1.6100(b)(7)(i) through (iv), or any successor provisions; and [Source: 18.67.210.B]
3. Will comply with all generally applicable laws. [Source: 18.67.210.C] B. Effect on Existing Use Permit. Notwithstanding any other requirement of the Municipal Code, the Zoning Administrator for private and public property and the City Engineer for facilities in Item 10.3
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the public right-of-way shall be authorized to issue a Zoning Permit for a Section 6409(a) modification, even if issuance of such a permit would have the effect of amending an existing Use Permit. [Source: 18.67.220]
C. Conditions of Approval for Section 6409(a) Modifications. Zoning Permits for Section 6409(a) modifications are subject to the following conditions, unless modified by the Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way: [Source: 18.67.230]
1. No Permit Term Extension. The City’s grant or grant by operation of law of a Zoning Permit for a Section 6409(a) modification constitutes a Federally mandated modification to the underlying permit or approval for the subject tower or base station.
The City’s grant or grant by operation of law of a Zoning Permit for a Section 6409(a) modification will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. [Source: 18.67.230.A]
2. No Waiver of Standing. The City’s grant or grant by operation of law of a Section 6409(a) modification does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification. [Source: 18.67.230.B]
3. Permit Subject to Conditions of Underlying Permit. Zoning Permits for Section 6409(a) modifications shall be subject to the terms and conditions of the underlying permit for the existing tower or base station. [Source: 18.67.230.C]
4. Code Compliance. The permittee shall maintain compliance with all applicable federal, state and local laws, regulations and other rules. [Source: 18.67.230.D]
5. Inspections – Emergencies. The City or its designee may enter the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. [Source: 18.67.230.E]
6. Contact Information for Responsible Parties. The permittee shall maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Zoning Administrator for private and public property and the City Engineer for facilities in the public right-of-way upon permittee’s receipt of the Zoning Administrator’s or City Engineer’s written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Zoning Administrator or City Engineer, as applicable, upon that person’s verbal request. [Source: 18.67.230.F]
7. RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, Item 10.3
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but before unattended operations of the wireless telecommunications facility, permittee or its representative shall provide the Zoning Administrator or City Engineer, as applicable, documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer. [Source: 18.67.230.G]
8. Build-Out Period. This permit shall lapse 12 months after its date of approval unless one of the following has occurred: [Source: 18.67.230.H] a. A Building Permit has been issued, substantial money has been expended, and construction diligently pursued; or [Source: 18.67.230.H.1] b. A certificate of occupancy has been issued; or [Source: 18.67.230.H.2] c. The facility is constructed or modified as approved and in operation; or [Source: 18.67.230.H.3]
d. The build-out period is extended by the city authority which originally approved the permit. [Source: 18.67.230.H.4]
9. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source:
18.67.230.I]
10. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days. [Source: 18.67.230.J]
11. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be undergrounded where existing land lines serving the facility are underground. [Source: 18.67.230.K]
12. Encroachment. Permittee shall obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on city-owned public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements: [Source: 18.67.230.L]
a. Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays. [Source: 18.67.230.L.1] b. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project. [Source: 18.67.230.L.2] c. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles. [Source:
18.67.230.L.3]
d. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way. [Source: 18.67.230.L.4] e. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES), including, but not limited to, best Item 10.3
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management practices (BMPs) as described in the Contra Costa Clean Water Program Pollution Prevention Plan. [Source: 18.67.230.L.5] f. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays. [Source: 18.67.230.L.6] g. The contractor shall obtain approval in writing from the City Engineer before commencing work in the public right-of-way on weekends or holidays. [Source:
18.67.230.L.7]
h. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards. [Source: 18.67.230.L.8] i. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable. [Source: 18.67.230.L.9]
13. Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations. [Source: 18.67.230.M]
14. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) [Source: 18.67.230.N]
D. Effect of Repeal of Section 6409(a). This Section shall become null and void if P.L. 112-96, Section 6409, is rescinded. [Source: 18.67.240]
18.110.110 Timing of Review
The City shall advise the applicant if an application is incomplete in accordance with applicable State and Federal timelines for action. [Source: 18.67.310]
18.110.120 Peer Review
The review authority considering the relevant permit issued in compliance with this Chapter may require the application, proposed findings, and conditions of approval to be reviewed by an independent thirdparty peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant. [Source: 18.67.320]
18.110.130 Decision
A. The review authority shall provide the applicant with written notice of its decision. A denial of an application under this Chapter shall be supported by substantial evidence and comply with the following: [Source: 18.67.330.A]
1. Cannot be based on the environmental effects of radio frequency (RF) emissions if the facility complies with the FCC’s RF regulations; and [Source: 18.67.330.A.1]
2. Cannot violate State or Federal law. [Source: 18.67.330.A.2]
3. The denial of a Zoning Permit application for a Section 6409(a) modification shall be made without prejudice. [Source: 18.67.330.C]
Item 10.3
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B. Timing of Decision. The City shall make its final decision on a complete wireless telecommunications facility application and issue all required ancillary permits within the applicable State and Federal timelines for action. [Source: 18.67.330.B] C. Denial of an Incomplete Application
1. To promote efficient review and timely decisions, any application governed under this Chapter may be denied without prejudice by the City Engineer or Zoning Administrator when the applicant fails to tender a substantive response to the City within 120 calendar days after the City Engineer or Zoning Administrator deems the application incomplete in a written notice to the applicant.
2. The City Engineer or Zoning Administrator, may grant a written extension for up to 30 calendar days when the applicant submits a written request before the 120 day period that shows good cause to grant the extension. Good cause for an extension shall include, but is not limited to, delays due to circumstances outside the applicant’s reasonable control. [Source: 18.67.340]
18.110.140 Revocation
A. General Requirement. Permittees shall fully comply with all conditions related to any permit or approval granted under this Chapter. Failure to comply with any applicable standard of this Chapter shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the City may schedule a public hearing before the Planning Commission to consider revocation of the permit. The Planning Commission revocation action may be appealed to the City Council in accordance with Chapter 18.185 (Appeals and Calls for Review). [Source: 18.67.360.A] B. Removal, Repair, and Restoration. If the permit is revoked in compliance this Section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed before the facility’s installation or as required by the City within 90 calendar days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the facility’s removal and site restoration. [Source: 18.67.360.B]
C. Storage. The City may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such storage. The City may, in lieu of storing the removed facility, convert it to the City’s use, sell it, or dispose of it in any manner deemed appropriate by the City. [Source: 18.67.360.C]
18.110.150 Appeal
A. A decision of the Zoning Administrator or Planning Commission on a Use Permit or Minor Use Permit, as applicable, may be appealed to the City Council in compliance with Chapter 18.85 (Appeals and Calls for Review).
B. A decision of the City Engineer concerning an Encroachment Permit for a wireless telecommunications facility may be appealed in accordance with Chapter 1.10 (Appeals), subject to the following modifications:
1. The time for filing a notice of appeal shall be five calendar days; Item 10.3
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2. The hearing shall be held within 21 calendar days of the date the notice of appeal is filed; and
3. The decision of the City Manager is final upon issuance and not appealable to City Council.
C. Decisions on Zoning Permit applications for a Section 6409(a) modification shall be final and may not be appealed. [Source: 18.67.370]
Item 10.3
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Part 4
Permit and Entitlement
Processing Procedures
Item 10.3
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Title 18 – City of Pleasant Hill Zoning
Ordinance
Part 4 – Permit and Entitlement
Processing Procedures
PUBLIC REVIEW DRAFT
OCTOBER 2025
Table of Contents
CHAPTER 18.115 ADULT USE DEVELOPMENT PERMIT......................................................... 297
18.115.010 Purpose and Applicability ............................................................................................. 297
18.115.020 Review Authority .......................................................................................................... 297
18.115.030 Application.................................................................................................................... 297
18.115.040 Filing, Processing, and Review .................................................................................... 298
18.115.050 Findings ........................................................................................................................ 299
18.115.060 Lapse of Approval ........................................................................................................ 300
18.115.070 Revocation.................................................................................................................... 300
18.115.080 Violations...................................................................................................................... 301 CHAPTER 18.120 ARCHITECTURAL REVIEW PERMITS ......................................................... 303
18.120.010 Purpose and Applicability ............................................................................................. 303
18.120.020 Review Authority .......................................................................................................... 303
18.120.030 Filing, Processing, and Review .................................................................................... 304
18.120.040 Conditions of Approval ................................................................................................. 306
18.120.050 Lapse of Approval – Changes to Plans........................................................................ 306
18.120.060 Resubmittal of Application............................................................................................ 307 CHAPTER 18.125 DEVELOPMENT PLAN .................................................................................. 309
18.125.010 Purpose and Applicability ............................................................................................. 309
18.125.020 Approval Authority ........................................................................................................ 309
18.125.030 Filing, Processing, and Review .................................................................................... 309 Item 10.3
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18.125.040 Findings ........................................................................................................................ 310
18.125.050 Conditions of Approval ................................................................................................. 310
18.125.060 Lapse of Approval – Changes to Plans........................................................................ 311
18.125.070 Resubmittal of Application............................................................................................ 311 CHAPTER 18.130 MINOR EXCEPTIONS .................................................................................... 313
18.130.010 Purpose ........................................................................................................................ 313
18.130.020 Applicability................................................................................................................... 313
18.130.030 Review Authority .......................................................................................................... 315
18.130.040 Filing, Processing, and Review .................................................................................... 315
18.130.050 Findings ........................................................................................................................ 317
18.130.060 Conditions of Approval ................................................................................................. 317
18.130.070 Lapse of Approval – Changes to Plans........................................................................ 317
18.130.080 Resubmittal of Application............................................................................................ 318 CHAPTER 18.135 REASONABLE ACCOMMODATION............................................................. 320
18.135.010 Purpose ........................................................................................................................ 320
18.135.020 Review Authority .......................................................................................................... 320
18.135.030 Requests ...................................................................................................................... 321
18.135.040 Application Requirements ............................................................................................ 321
18.135.050 Filing, Processing, and Review .................................................................................... 322
18.135.060 Findings ........................................................................................................................ 323
18.135.070 Appeal .......................................................................................................................... 324 CHAPTER 18.140 SIGN PERMIT ................................................................................................. 326
18.140.010 Purpose and Applicability ............................................................................................. 326
18.140.020 Review Authority .......................................................................................................... 326
18.140.030 Filing, Processing, and Review .................................................................................... 326
18.140.040 Findings ........................................................................................................................ 327
18.140.050 Conditions of Approval ................................................................................................. 328
18.140.060 Lapse of Approval – Changes to Plans........................................................................ 328
18.140.070 Revocation.................................................................................................................... 328 CHAPTER 18.145 TEMPORARY SIGN PERMIT......................................................................... 330
18.145.010 Purpose and Applicability ............................................................................................. 330
18.145.020 Review Authority .......................................................................................................... 330
18.145.030 Filing, Processing, and Review .................................................................................... 330
18.145.040 Findings ........................................................................................................................ 331
18.145.050 Conditions of Approval ................................................................................................. 331 Item 10.3
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18.145.060 Lapse of Approval – Changes to Plans........................................................................ 331
18.145.070 Revocation.................................................................................................................... 332
18.145.080 Resubmittal of Application............................................................................................ 332 CHAPTER 18.150 MASTER SIGN PROGRAM............................................................................ 334
18.150.010 Purpose and Applicability ............................................................................................. 334
18.150.020 Review Authority .......................................................................................................... 334
18.150.030 Filing, Processing, and Review .................................................................................... 334
18.150.040 Findings ........................................................................................................................ 335
18.150.050 Conditions of Approval ................................................................................................. 336
18.150.060 Lapse of Approval – Changes to Plans........................................................................ 336
18.150.070 Revocation.................................................................................................................... 336
18.150.080 Resubmittal of Application............................................................................................ 336 CHAPTER 18.155 USE PERMIT .................................................................................................. 338
18.155.010 Purpose and Applicability ............................................................................................. 338
18.155.020 Review Authority .......................................................................................................... 338
18.155.030 Filing, Processing, and Review .................................................................................... 339
18.155.040 Findings ........................................................................................................................ 340
18.155.050 Conditions of Approval ................................................................................................. 340
18.155.060 Lapse of Approval – Changes to Plans........................................................................ 341
18.155.070 Revocation.................................................................................................................... 341
18.155.080 Resubmittal of Application............................................................................................ 342 CHAPTER 18.160 USE PERMIT, TEMPORARY ......................................................................... 344
18.160.010 Purpose and Applicability ............................................................................................. 344
18.160.020 Review Authority .......................................................................................................... 344
18.160.030 Filing, Processing, and Review .................................................................................... 344
18.160.040 Findings ........................................................................................................................ 345
18.160.050 Conditions of Approval ................................................................................................. 345
18.160.060 Lapse of Approval ........................................................................................................ 345 CHAPTER 18.165 VARIANCE...................................................................................................... 347
18.165.010 Purpose and Applicability ............................................................................................. 347
18.165.020 Review Authority .......................................................................................................... 347
18.165.030 Filing, Processing, and Review .................................................................................... 348
18.165.040 Findings ........................................................................................................................ 349
18.165.050 Conditions of Approval ................................................................................................. 349
18.165.060 Lape of Approval – Changes to Plans.......................................................................... 349
18.165.070 Resubmittal of Application............................................................................................ 350 Item 10.3
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CHAPTER 18.170 ZONING PERMIT............................................................................................ 352
18.170.010 Purpose and Applicability ............................................................................................. 352
18.170.020 Review Authority .......................................................................................................... 352
18.170.030 Filing, Processing, and Review .................................................................................... 352
18.170.040 Findings ........................................................................................................................ 353
18.170.050 Lapse of Approval – Changes to Plans........................................................................ 353
18.170.060 Revocation.................................................................................................................... 354
18.170.070 Resubmittal of Application............................................................................................ 354 Item 10.3
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Chapter 18.115
Adult Use Development Permit
Item 10.3
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Chapter 18.111 Adult Use Development Permit
Sections
18.115.010 Purpose and Applicability
18.115.020 Review Authority
18.115.030 Application
18.115.040 Filing, Processing, and Review
18.115.050 Findings
18.115.060 Lapse of Approval
18.115.070 Revocation
18.115.080 Violations
18.111.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish processing and review procedures for the establishment of adult businesses, as defined in this Title, to ensure the protection of sensitive land uses in the surrounding areas. [Source: NEW]
B. Applicability.
1. No adult business may be established within the city by right. All persons wishing to establish an adult business within the city shall apply for and receive an Adult Use Development Permit under this Chapter. [Source: 18.70.050.A]
2. It is the burden of the applicant to supply evidence to justify the approval of an Adult Use Development Permit. [Source: 18.70.050.B]
3. Any person desiring to operate or establish an adult business within the City shall file for an Adult Use Development Permit application with the Planning Division using a standard application form supplied by the Planning Division. [Source: 18.70.050.A.C]
18.111.020 Review Authority
The Planning Commission shall approve, conditionally approve, or deny an application for an Adult Use Development Permit based on the criteria established in this Chapter and the underlying zoning district in which the property is located. [Source: 18.70.080.A]
18.111.030 Application
A. Eligible Applicants. The application shall be signed by the owner or lessee. If the application is signed by a lessee, a notarized statement signed by the owner shall accompany the application. Proof of status is required. [Source: 18.70.060.A] B. Required Contents. The City Council, by resolution, shall establish the required contents for Adult Use Development Permit applications. [Source: 18.70.060.B] Item 10.3
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C. Environmental Requirements. Applications for an Adult Use Development Permit shall comply with the California Environmental Quality Act (“CEQA”). [Source: 18.70.060.C] D. Fees. The City Council, by resolution, shall set a nonrefundable application fee for persons applying for an Adult Use Development Permit. [Source: 18.70.070]
18.111.040 Filing, Processing, and Review
A. Determination of Completeness. Within 30 calendar days after an Adult Use Development Permit 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: 18.70.080.B]
B. Planning Commission Review. Following the date of a deemed complete application, the Planning Commission shall conduct an appropriate review, including consultation with the Building, Police, Fire, Engineering, and Health Departments, and an inspection of the premises as needed. Consultation is not grounds for the City to unilaterally delay the review of a completed application. [Source: 18.70.080.C]
C. In reaching a decision, the Planning Commission shall not be bound by the formal rules of evidence. [Source: 18.70.080.D]
D. Public Hearing and Noticing.
1. Following the completion of the review, the Planning Commission shall notice and conduct a public hearing, as prescribed in Chapter 18.205 (Noticing Requirements) of this Title, on the application for an Adult Use Development Permit. [Source:
18.70.080.E]
2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications). [Source: NEW] E. Timeline. The Planning Commission shall render a written decision of approval, conditional approval, or denial of an Adult Use Development Permit within 60 calendar days of receiving a completed application. The failure of the Planning Commission to render a decision within this time frame shall be deemed a denial. [Source: 18.70.080.F] F. Notice of Decision. The Planning Commission’s decision shall be hand delivered or mailed to the applicant. Any posted notices shall remain for at least 10 calendar days after the determination of decision and mailed to all property owners within 300 feet of the site in which the adult use will be present. [Source: 18.70.080.G]
G. Appeals. The decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.185 (Appeals and Calls for Review) and California Code of Civil Procedures section 1094.6. [Source: 18.70.100.A, B]
Item 10.3
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18.111.050 Findings
A. The Planning Commission shall approve or conditionally approve an application for an Adult Use Development Permit, if, based on the application and information submitted, it is able to make the following findings: [Source: 18.70.120]
1. The proposed adult use complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable standards of this Chapter; [Source: 18.70.120.A.1]
2. The proposed adult use and its projected traffic generation is consistent with achieving or maintaining the established level of service and vehicle miles travelled criteria established in the Transportation and Circulation Element of the General Plan. If the City’s established level of service is already exceeded, then the proposed use and its projected traffic generation will not result in a net increase in the level of service; [Source: 18.70.120.A.2]
3. The proposed site is adequately served by other public and private service facilities for the proposed adult use; [Source: 18.70.120.A.3]
4. The proposed adult use is not located within a 500-foot radius of a residential land use designation as prescribed in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use closest to the lot line of the residential land use designation, along a straight line extended between the two points; [Source:
18.70.120.A.4]
5. The proposed adult use is not located within an 800-foot radius of a. existing school, daycare, or park facility located within or outside the jurisdiction of the city, or a school or park land use designation as established in the Land Use Element of the General Plan or the general plan of an adjacent jurisdiction. The distance between the proposed use and a school or park land use designation or facility shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or the nearest property line included within a park land use designation, along a straight line extended between the two points; [Source:
18.70.120.A.5]
6. The proposed adult use is not located within an 800-foot radius of a religious institution, as defined in Section 18.210.050 (Public and Semi-Public Land Use Classifications) of this Title, located either within or outside the jurisdiction of the City. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult uses along a straight line extended to the nearest exterior wall of the structure housing the religious institution; [Source: 18.70.120.A.6]
7. The proposed adult use is not located within 1,000 feet of any other adult use that is located either within or outside the jurisdiction of the City. The distance between two adult uses shall be measured between the nearest exterior walls of the structure Item 10.3
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housing the adult uses along a straight line extended between the two uses; and [Source: 18.70.120.A.7]
8. Neither the applicant (if an individual) or any of the officers or general partners (if a corporation or partnership) have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the State of California as a sex or sex-related offense. [Source: 18.70.120.A.9] Any conditions of approval imposed upon the Adult Use Development Permit shall comply with the objective development standards of Section 18.60.030 (Separation Requirements) and the underlying zoning district of the proposed lot. [Source: 18.70.120.B]
18.111.060 Lapse of Approval
A. Permits for New Facility/Use. An Adult Use Development Permit approved in accordance with this Chapter shall become null and void unless the proposed use is established within six months of the date of approval.
B. Permits for Reuse of Existing Facilities. An Adult Use Development Permit approved in accordance with this Chapter for facilities that are a reuse of existing facilities, the permit shall become null and void unless the proposed use is established within six months of the date of approval, unless the permittee demonstrates, to the satisfaction of the Planning Commission, that it has a good faith intent to commence the proposed use before the expiration date. Such extensions shall not exceed two six-month extensions, or a total of 12 months from the date of approval. [Source: 18.70.110]
18.111.070 Revocation
A. Any Adult Use Development Permit issued in accordance with this Chapter may be revoked by the City if for any of the following reasons: [Source: 18.70.130.A]
1. The business or activity has been conducted in a manner which: [Source:
18.70.130.A.1]
a. Violates one or more of the conditions imposed upon the approval of the Adult Use Development Permit [Source: 18.70.130.A.1
b. Fails to conform to the plans and procedures described in the permit application [Source: 18.70.130.A.1]
c. Violates the occupant load limits set by the Fire Marshal; [Source:
18.70.130.A.1]
2. The permittee has failed to obtain or maintain all required City, County, and/or State of California licenses and permits; [Source: 18.70.130.A.2, modified]
3. The permittee has misrepresented a material fact in the permit application or has not answered each question truthfully; [Source: 18.70.130.A.4]
4. Changes in on-site conditions has resulted in the adult business having insufficient onsite parking as established in Chapter 18.80 (Off-Street Parking and Loading), except for an existing use that is legal and nonconforming with respect to parking; [Source:
18.70.130.A.5]
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5. The building or structure in which the adult business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the public under the standards established in the Uniform Building, Uniform Plumbing or Uniform Fire Code; [Source: 18.70.130.A.6]
6. The adult business creates sound levels which violate the City’s established noise thresholds; [Source: 18.70.130.A.7]
7. The permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the State of California as a sex or sex-related offense during the period of the adult business’s operation; or [Source: 18.70.130.A.8]
8. The adult use for which the permit was approved has ceased to exist or has been suspended for six months or more. [Source: 18.70.130.A.9 B. Notice and Public Hearing. The Planning Commission shall conduct a public hearing, as prescribed in Chapter 18.205 (Noticing Requirements) on the proposed revocation of an Adult Use Development Permit. [Source: 18.70.130.B-D]
C. Revocation Procedure. An Adult Use Development Permit may be revoked or modified in compliance with Section 18.195.050 (Revocation or Modification of Discretionary Permits). The Planning Commission shall make its decision within 30 days of the public hearing and shall not be bound by the formal rules of evidence at the hearing. [Source: 18.70.130.C-I].
D. In the event an Adult Use Development Permit is revoked pursuant in accordance with this Section, another Adult Use Development Permit to operate an adult business shall not be granted to the permittee for 12 months after the date of such written notice of revocation.
18.111.080 Violations
A person who violates a provision of this Chapter, including the failure to secure an Adult Use Development Permit or comply with a condition of approval, is subject to the criminal penalties established in Pleasant Hill Municipal Code Chapter 1.30. [Source: 18.70.140] Item 10.3
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Chapter 18.120
Architectural Review Permits
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Chapter 18.120 Architectural Review Permits
Sections
18.120.010 Purpose and Applicability
18.120.020 Review Authority
18.120.030 Filing, Processing, and Review
18.120.040 Conditions of Approval
18.120.050 Lapse of Approval – Changes to Plans
18.120.060 Resubmittal of Application
18.120.010 Purpose and Applicability
A. Purpose. The purpose of an Architectural Review Permit is to evaluate the interdependence of property values and aesthetics and provide a method to promote sound land use development.
Architectural review is intended to promote the architectural design excellence, visually pleasing and harmonious site design, and preservation of natural landforms and vegetation. [Source: 18.115.010.B]
B. Applicability. An Architectural Review Permit is required before issuance of a Building Permit for any development project relating to the following: [Source: 18.115.010]
1. The construction, addition, or exterior alteration to a site plan, building, structure, and/or landscape plan associated with any project other than a single-family residence; [Source: 18.115.010.A.1]
2. A single-family residence at the time of initial construction, or a substantial addition as determined by the Zoning Administrator. An Architectural Review Permit is not required for remodeling, additions, or accessory structures; however, staff level review of such structures for substantial conformance with the citywide design guidelines shall occur as part of the Building Permit plan review and approval process. [Source:
18.115.010.A.2]
C. No improvement subject to architectural review under this Chapter shall be constructed, located, repaired, altered, repainted a different color, or maintained except in accordance with a design approved under this Chapter. The term “improvement” as used in this Chapter shall be interpreted by the Zoning Administrator to include but not be limited to the construction, alteration, and repair of all buildings, structures, and facilities permanently affixed to real property. [Source: 18.115.010.A]
18.120.020 Review Authority
A. Architectural Review Commission. Except as provided in Subsections B and C of this Section, the Architectural Review Commission has the authority to approve, conditionally approve, or Item 10.3
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deny Architectural Review Permits. The Architectural Review Commission is established under Title 3 (Boards and Commissions). [Source: 18.115.020.A] B. Zoning Administrator. The Zoning Administrator has the authority to approve, conditionally approve, or deny an Architectural Review Permit for the following improvements if the Zoning Administrator finds that such improvements will not have a significant visual impact. [Source:
18.115.020.B]
1. A minor alteration to an existing structure in a PUD, PPD, or HPUD development that is consistent with the original permit approval and is approved by the homeowners’ association, if applicable; [Source: 18.115.020.B.1]
2. A minor alteration (including but not limited to repainting, landscape modification, adding screened mechanical equipment, window replacements) to an existing structure in the RB, NB, C, PAO, or LI zoning district that is consistent with the original permit approval; [Source: 18.115.020.B.2]
3. An addition or repair to an existing structure if the exterior is not altered. [Source:
18.115.020.B.3]
4. The Zoning Administrator may, in their discretion, refer an Architectural Review Permit application directly to the Architectural Review Commission. [Source: 18.115.020.B] C. Streamlined Ministerial Review. Residential development projects qualifying for streamlined permit review, as established under Section 18.15.040 (Additional Development Standards) of Chapter 18.15 (Residential Zoning Districts), shall be subject to a ministerial architectural review process. [Source: 18.115.020.C]
D. Projects with Multiple Discretionary Applications. For projects requiring a discretionary permit approval from the Planning Commission and/or City Council in addition to Architectural Review Permit approval, the Planning Commission and/or City Council shall be the final review authority for the Architectural Review Permit and any action of the Architectural Review Commission shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.115.030.F]
18.120.030 Filing, Processing, and Review
A. Application. An applicant for an Architectural Review Permit shall submit the following: [Source:
18.115.030.A]
1. A complete application and all applicable materials and information as required by the Planning Division. [Source: 18.115.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: 18.115.030.A]
B. Noticing and Public Hearing.
1. The Architectural Review Commission shall hold a public hearing on the Architectural Review Permit application. Notice of the hearing shall comply with Chapter 18.205 (Noticing Requirements). No notice or public hearing is required for an application Item 10.3
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being considered by the Zoning Administrator or for streamlined ministerial review under this Section. [Source: 18.115.030.B]
2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications). [Source: NEW] C. Decision. Within 20 working days following the public hearing, the Architectural Review Commission shall approve, conditionally approve, or deny the Architectural Review Permit application. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. [Source: 18.115.030.C] D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) has been exhausted. [Source:
18.115.030.D]
E. Appeals.
1. A decision of the Zoning Administrator under this Chapter may be appealed to the Architectural Review Commission in compliance with Chapter 18.185 (Appeals and Calls for Review). [Source: 18.115.030.E]
2. A decision of the Architectural Review Commission may be appealed to the City Council in compliance with Chapter 18.185 (Appeals and Calls for Review). [Source:
18.115.030.E]
F. Scope of Review. The Architectural Review Commission shall review the site plan and physical design of a project; the sign designs and locations; and lighting. In its review, the Architectural Review Commission shall consider the following factors: [Source: 18.115.040]
1. Excellence of design; [Source: 18.115.040.A]
2. Height, mass, and coverage of buildings; [Source: 18.115.040.B]
3. Colors, materials, and types of building and installations; [Source: 18.115.040.C]
4. Physical and architectural relation with existing and proposed structures in the area and to the location of the site within the City; [Source: 18.115.040.D]
5. Site layout, orientation, and location of buildings, and relationship with property boundaries and open areas; [Source: 18.115.040.E]
6. Height, materials, colors, and variations in walls, fences, or screen planting; [Source:
18.115.040.F]
7. Location and type of landscaping, including but not limited to setback areas and offstreet parking areas; [Source: 18.115.040.G]
8. Appropriateness of sign design and exterior lighting standards and devices and other building graphics, in compliance with criteria and sign design guidelines established in Section 18.95.070 (Specific Sign Standards) and Section 18.95.090 (Temporary Sign Standards); and [Source: 18.115.040.H]
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9. The extent of grading and its relationship to topography, as related to visual impacts. [Source: 18.115.040.I]
G. Findings. The Architectural Review Commission may approve, or recommend an approval of, an Architectural Review Permit if it finds that all the following are true, based on the application, plans, materials, and testimony submitted at the public hearing: [Source: NEW]
1. The site demonstrates excellence in architectural design; [Source: 18.115.010.B.1]
2. The siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located; [Source:
18.115.010.B.2]
3. The landscaping of open spaces plans conforms with the requirements of this Chapter and provide visually pleasing settings for structures on the site and on adjoining and nearby lots, and blend harmoniously with the natural landscape; [Source:
18.115.010.B.3]
4. Excessive and unsightly grading of hillsides is minimized, and the preservation of natural landforms and existing vegetation is encouraged in the design of the site; [Source: 18.115.010.B.4]
5. The site complies with the Citywide Design Guidelines and Residential Objective Design Standards; and [Source: 18.115.010.B.5-6]
18.120.040 Conditions of Approval
The Architectural Review Commission or Zoning Administrator may impose conditions reasonably related to the application and consistent with this Chapter. They may not impose requirements pertaining to use, density, floor area ratio (FAR), open space, setbacks, ridgeline and creek setbacks, parking or loading, or signs more restrictive than those prescribed by the Planning Commission and the zoning district regulations or a valid Use Permit or Variance. [Source: 18.115.050]
18.120.050 Lapse of Approval – Changes to Plans
A. Lapse of Approval. An Architectural Review Permit lapses 12 months from its effective date unless: [Source: 18.115.060.A]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or [Source: 18.115.060.A.1]
2. An Occupancy Permit has been issued; or [Source: 18.115.060.A.2]
3. The approval is renewed by the Architectural Review Commission. [Source:
18.115.060.A.3]
B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Architectural Review Permit which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.115.060.B] Item 10.3
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1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission. [Source:
18.115.060.B]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Architectural Review Permit. [Source: 18.115.060.B]
18.120.060 Resubmittal of Application
Following denial of an Architectural Review Permit application, no new application for the same, or substantially the same, architectural review plan shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.115.070] Item 10.3
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Chapter 18.125
Development Plan
Item 10.3
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Chapter 18.125 Development Plan
Sections
18.125.010 Purpose and Applicability
18.125.020 Approval Authority
18.125.030 Filing, Processing, and Review
18.125.040 Findings
18.125.050 Conditions of Approval
18.125.060 Lapse of Approval – Changes to Plans
18.125.070 Resubmittal of Application
18.125.010 Purpose and Applicability
A. A Development Plan is required for any of the following types of development projects: [Source:
18.90.010]
1. Any new structure(s) designed for an occupancy load of 30 persons or more.
2. Lots zoned PUD.[Source: 18.90.010]
3. An addition of 7,000 square feet or more to any existing structure, except for singlefamily residential structures. [Source: 18.90.010] B. A Development Plan is not required for the construction or alteration of a single-family residential structure. [Source: 18.90.010]
C. Development Plan approval is required in addition to an Architectural Review Permit under Chapter 18.120 (Architectural Review Permits). [Source: 18.90.010]
18.125.020 Approval Authority
The Planning Commission has the authority to approve, conditionally approve, or deny Development Plans. [Source: 18.90.020]
18.125.030 Filing, Processing, and Review
A. Application. An applicant for a Development Plan shall submit the following: [Source:
18.90.030.A]
1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.90.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: 18.90.030.A]
B. Notice and Public Hearing.
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1. The Planning Commission shall hold a public hearing on an application for a Development Plan and notice such meeting in compliance with Chapter 18.205 (Noticing Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.90.030.B]
2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications). [Source: NEW] C. Decision. Within 20 working days following the public hearing, the Planning Commission shall approve, conditionally approve, or deny a Development Plan application. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. The date of the decision is the date the Planning Commission (or City Council, on appeal) adopts the resolution. [Source: 18.90.030.C] D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted. [Source: 18.90.030.D] E. Appeal. A decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.185 (Appeals and Calls for Review). [Source: 18.90.030.E]
18.125.040 Findings
The Planning Commission may approve a development plan if it finds all of the following are true, based on the application, plans, materials, and testimony submitted at the public hearing: [Source: 18.90.040] A. The proposed development will not be detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.90.040.A] B. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or in the city; [Source: 18.90.040.B] C. The proposed development is consistent with the policies and goals established by the General Plan; and [Source: 18.90.040.C]
D. The proposed development is architecturally compatible with other developments in the vicinity, both inside and outside the zoning district. [Source: 18.90.040.D]
18.125.050 Conditions of Approval
In approving a Development Plan, the Planning Commission may impose reasonable conditions necessary to: [Source: 18.90.050]
A. Achieve the general purposes of this Chapter or the specific purposes of the zoning district in which the site is located[Source: 18.90.050.A]
B. To make it consistent with the General Plan; [Source: 18.90.050.A] C. Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; or [Source: 18.90.050.B] D. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. [Source: 18.90.050.C] Item 10.3
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18.125.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval. A Development Plan lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
[Source: 18.90.060.A]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; [Source: 18.90.060.A.1]
2. A Certificate of Occupancy has been issued; or [Source: 18.90.060.A.2]
3. The Development Plan is renewed by the Planning Commission or other hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.90.060.A.3] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Development Plan which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.90.060.B]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission. [Source:
18.90.060.B]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Development Plan. [Source: 18.90.060.B]
18.125.070 Resubmittal of Application
Following the denial of a Development Plan application, no new application for the same, or substantially the same, Development Plan shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.90.070] Item 10.3
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Chapter 18.130
Minor Exceptions
Item 10.3
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Chapter 18.130 Minor Exceptions
Sections
18.130.010 Purpose
18.130.020 Applicability
18.130.030 Review Authority
18.130.040 Filing, Processing, and Review
18.130.050 Findings
18.130.060 Conditions of Approval
18.130.070 Lapse of Approval – Changes to Plans
18.130.080 Resubmittal of Application
18.130.010 Purpose
The purpose of this Chapter is to:
A. Allow the Zoning Administrator to approve a minor exception from specified development standards required by this Title. [Source: 18.111.010.A] B. Provide an appropriate process to enable the Zoning Administrator to approve a Minor Exception. [Source: 18.111.010.B]
C. Provide appropriate and reasonable findings to allow the Zoning Administrator to approve a Minor Exception. [Source: 18.111.010.C]
D. Ensure that any Minor Exceptions approved under this Chapter are consistent with the purpose and intent of this Title. [Source: 18.111.010.D]
18.130.020 Applicability
A. A Minor Exception may be requested for any of the following:
1. Fence or Wall Height. Up to a one foot increase in the maximum allowable height of a fence or wall established in Section 18.75.030 (Fence and Wall Standards). [Source:
18.111.020.A]
2. Floor Area Ratio (FAR). A maximum increase of 10 percent of the existing FAR standard (e.g., if the FAR is 30 percent, the maximum potential increase would be three percent). [Source: 18.111.020.B]
3. Landscaping Area. A decrease in minimum landscaping area, planting area, or dimensional requirements of not more than 20 percent of the applicable standard established in Section 18.15.040 (Additional Development Standards) and Chapter
18.25.030 (Development Standards for Commercial, Office, and Industrial Districts). [Source: 18.111.020.C]
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4. Loading. A decrease in the number of required loading spaces if it can be demonstrated that the spaces are not needed for the proposed use and the area that was to be used for the loading space(s) shall be used as landscaping, parking, or open space in addition to the minimum requirements established in Section 18.80.020 (General Requirements for Off-Street Parking and Loading) and Section 18.80.030 (Number of Spaces Required). [Source: 18.111.020.D]
5. Lot Coverage. An increase of not more than 10 percent of the applicable lot coverage standards established in Section 18.15.030 (Development Standards for Residential Zoning districts) (e.g., if the lot coverage standard is 30 percent a 10 percent increase would be three percent). [Source: 18.111.020.E]
6. Lot Depth and/or Width. A decrease of not more than 10 percent of a minimum depth and/or width dimension, only if the minimum required lot area and density requirements established in Section 18.15.030 (Development Standards for Residential Districts) are met (e.g., a lot depth requirement of 90 feet may be reduced to 81 feet). [Source:
18.111.020.F]
7. Open Space. A decrease of not more than 10 percent of the minimum required amount of usable open space on the site (private and/or shared), or open space dimensional requirements established in Section 18.15.030 (Development Standards for Residential Districts) and Section 18.15.040 (Additional Development Standards). [Source: 18.111.020.G]
8. Projections. An increase of not more than 20 percent in the allowable projection of cornices, eaves, fireplaces, masonry chimneys, overhangs, or steps into a required setback area, provided that the projection shall not be closer than three feet to any property line. Projections shall be measured from the required setback, not from an existing legal nonconforming setback or from a reduced setback that may be granted through a Variance or Minor Exception in accordance with Section 18.55.080 (Structure Projections and Encroachments into Setbacks)). [Source: 18.111.020.H]
9. Screening of Mechanical Equipment. Alternative methods of screening, including the use of paint or other stealthing or camouflaging techniques, if it is determined that other screening methods established in Section 18.75.040 (Screening of Mechanical Equipment) are not feasible and the alternative methods will provide substantial screening consistent with the intent and purpose of this Title. [Source: 18.111.020.I]
10. Minimum Setbacks. A decrease of not more than 20 percent of the applicable setback standards as established in the base zoning district if consistent with the character of existing development in the surrounding area. In no circumstance shall a Minor Exception be approved for a main building or accessory structure that reduces setbacks to less than the following: [Source: 18.111.020.J] a. Front Setback: 16 feet (a minimum of 20 feet shall be maintained for any garage facing the street). [Source: 18.111.020.J.1]
b. Side Setback: Three feet. [Source: 18.111.020.J.2]
c. Rear Setback: Five feet. [Source: 18.111.020.J.3]
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11. Accessory Structures.
a. Accessory structures on lots with existing and ongoing agricultural/horticultural uses that are two acres or larger may exceed the maximum floor area and/or height standards specified in Section 18.15.060 (Accessory Structures and Uses: Residential Zoning districts), provided the accessory structures comply with all other applicable development standards; [Source: 18.111.020.K.1] b. Any other type of decorative landscape structure/feature(s), not identified in Section 18.15.060 (Accessory Structures and Uses: Residential Zoning districts) (e.g., trellis, fountain, column) exceeding three feet in height and occupying not more than 10 percent of the required yard area (either individually or cumulatively). [Source: 18.111.020.K.2]
12. Other Minor Exceptions. The Zoning Administrator may approve Minor Exceptions for other development standards established in this Title (excluding any increase in maximum building height and as noted above), provided that all the following requirements are met:
a. The adjustment(s) do not result in more than a 20 percent change in any given development standard; [Source: NEW]
b. All the findings specified in Section 18.130.050 (Findings) are satisfied; and [Source: 18.111.020.M]
c. The Planning Commission is notified of the proposed Minor Exception and provided with an opportunity to call the proposed Minor Exception up for review by the Planning Commission Section 18.185.020 (Right to Appeal, Call for Review, Time Limits). [Source: 18.111.020.M]
B. Required Variance. A request for an exception to development standards that exceed the limitations identified Subsection A requires the approval of a Variance in compliance with Chapter 18.165 (Variance). [Source: 18.111.020.N]
C. Approval of a Minor Exception and/or eligibility for consideration of approval of a Minor Exception does not constitute a basis for future approval of a Minor Exception or Variance. [Source: 18.111.020.N]
18.130.030 Review Authority
A. The Zoning Administrator has the authority to approve, conditionally approve, or deny Minor Exceptions. The Zoning Administrator may, at their discretion, refer a Minor Exception application directly to the Planning Commission for consideration. [Source: 18.120.030.A] B. If more than one Minor Exception is requested for a lot (either concurrently or sequentially over time), the Minor Exception request(s) shall be referred to the Planning Commission for consideration at a public hearing. [Source: 18.120.030.A]
18.130.040 Filing, Processing, and Review
A. Application. An applicant for a Minor Exception shall submit the following:
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1. A complete application and all applicable materials and information as provided by the Planning Division. [ Source: 18.90.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: Source: 18.90.030.A]
B. Notice and Public Hearing.
1. Notice. Within 20 calendar days after the application is deemed complete, the Zoning Administrator shall notify all residents and property owners within 300 feet of the project site, 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. [Source: 18.120.030.C]
2. Public Hearing.
a. For a Minor Exception application being reviewed by the Zoning Administrator, a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 18.205 (Noticing Requirements). [Source: 18.120.030.C
b. When multiple applications for a Minor Exception are submitted for a single site or a project has multiple discretionary permits or entitlements, the public hearing shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications). [Source: NEW] c. A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.120.030.C]
C. Decision.
1. Within 20 working days following the issuance of a public notice as specified in Paragraph A.1 of this Section, or the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Exception application. The Zoning Administrator shall mail notice of the decision, including a description of the appeal process as specified in Chapter 18.185 (Appeals and Calls for Review), to the applicant and any other party requesting notice and shall provide electronic mail (email) notice of the decision to the Planning Commission and City Council within 10 calendar days of the decision. [Source: 18.120.030.D]
2. In the case of Planning Commission review, or City Council on appeal, the date of the decision is the date the Planning Commission or City Council adopts the resolution approving or denying the application(s). [Source: 18.120.030.D] D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted. [Source: 18.120.030.E] E. Appeals. A decision of the Zoning Administrator may be appealed to the Planning Commission in accordance with Chapter 18.185 (Appeals and Calls for Review). [Source: 18.120.030.F] Item 10.3
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F. Call for Review. A decision of the Zoning Administrator may be called for review by any member of the Planning Commission, Architectural Review Commission, and/or City Council in accordance with the provisions of Chapter 18.185 (Appeals and Calls for Review). [Source:
18.120.030.G]
18.130.050 Findings
The Zoning Administrator may approve a Minor Exception if the following findings can be made, based on the application, plans, materials, and any public testimony submitted with the application: [Source:
18.111.040]
A. No practical alternative exists to the proposed exception; [Source: 18.111.040.A] B. The purpose and intent of the zoning district will not be substantially compromised; [Source:
18.111.040.B]
C. There will be no detrimental impact (aesthetically or otherwise) to the site, adjacent properties, or neighborhood; [Source: 18.111.040.C]
D. The project will be in substantial conformance with the citywide design guidelines; [Source:
18.111.040.D]
E. The proposed project will otherwise comply with all applicable standards and requirements of this Title, including any applicable specific plan or planned unit development. [Source:
18.111.040.E]
18.130.060 Conditions of Approval
In approving a Minor Exception, the Zoning Administrator may impose reasonable conditions necessary to: [Source: 18.111.050]
A. Achieve the general purposes of this Chapter or the specific purposes of the zoning district in which the site is located, and/or to ensure that the request is consistent with the General Plan; [Source: 18.111.050.A]
B. Protect the public health, safety, and general welfare of persons residing or working in the vicinity of the proposed development; [Source: 18.111.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area; [Source: 18.111.050.C] D. Ensure substantial conformance with citywide design guidelines. (Ord. 857 § 2, 2011) [Source:
18.111.050.D]
18.130.070 Lapse of Approval – Changes to Plans
A. An approval for a Minor Exception lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless any of the following has occurred:
[Source: 18.111.060]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or [Source: 18.111.060.A]
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2. A certificate of occupancy has been issued; or [Source: 18.111.060.B]
3. The exception is renewed by the review authority which originally approved the Minor Exception. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.111.060.C] B. A request for a change in the Minor Exception or a condition of approval requires a new application for modification of the condition. If the Zoning Administrator determines that the modification is minor, they may approve that minor modification administratively, which may be appealed to the Planning Commission. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Minor Exception. [Source: 18.111.070]
18.130.080 Resubmittal of Application
Following denial of a Minor Exception:
A. No new application for the same, or substantially the same, Minor Exception shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source:
18.111.080]
B. The applicant may apply for a Variance under Chapter 18.165. [Source: 18.111.080] Item 10.3
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Chapter 18.135
Reasonable Accommodation
Item 10.3
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Chapter 18.135 Reasonable Accommodation
Sections
18.135.010 Purpose
18.135.020 Review Authority
18.135.030 Requests
18.135.040 Application Requirements
18.135.050 Filing, Processing, and Review
18.135.060 Findings
18.135.070 Appeal
18.135.010 Purpose
It is the City’s policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this Chapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of the development requirements and standards established in this Title. [Source: 18.112.010]
This Chapter is based on requirements of the Federal and State of California fair housing laws and implements the Housing Element of the General Plan. It is distinct from the requirements for a variance established in Government Code Section 65906 and Chapter 18.165 (Variance). [Source: 18.112.010]
18.135.020 Review Authority
A. Zoning Administrator. The Zoning Administrator has the authority to review and decide upon requests for Reasonable Accommodation, including whether the applicant is a disabled person within the meaning of this Chapter, except as noted in Subsection B. The Zoning Administrator may refer the matter to the Planning Commission or Architectural Review Commission, at their discretion. [Source: 18.112.050.A.1]
B. Planning Commission. The Planning Commission has the authority to review and decide upon requests for Reasonable Accommodation, including whether the applicant is a disabled person within the meaning of this Chapter, when referred by the Zoning Administrator or when a Reasonable Accommodation request includes any of the following:
1. Any encroachment into the front setback area [Source: 18.112.050.A.2
2. Results in a building size increase above what is allowed in the applicable zoning district with respect to height, lot coverage, and/or floor area ratio maximums [Source:
18.112.050.A.2]
3. A reduction in required parking. [Source: 18.112.050.A.2] C. Architectural Review Commission. The Architectural Review Commission has the authority to review and decide upon requests for reasonable accommodation, including whether the Item 10.3
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applicant is a disabled person within the meaning of this Chapter, when referred by the Zoning Administrator. [Source: 18.112.050.A.3]
18.135.030 Requests
A. Request. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. Such a request may include a modification or exception to the requirements for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers. A Reasonable Accommodation cannot waive a requirement for a Use Permit when otherwise required or result in approval of uses otherwise prohibited by the City’s General Plan Land Use Element and Zoning Ordinance. [Source: 18.112.030.A]
B. Availability of Information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the Planning Division’s public information counter, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the Zoning Administrator. [Source: 18.112.030.B] C. Assistance. If an applicant needs assistance in making the request, the Planning Division shall provide the assistance necessary to ensure that the process is available to the applicant. [Source: 18.112.030.C]
D. Balancing Rights and Requirements. In the City’s requests for information, consideration of an application, preparation of written findings, and maintenance of records of Reasonable Accommodation requests, it will attempt to balance:
1. The privacy rights and reasonable request for confidentiality by an applicant, with [Source: 18.112.030.D]
2. Requirements for notice and public hearing, factual findings, and rights to appeal established in this Title. [Source: 18.112.030.D]
18.135.040 Application Requirements
A. Application. The applicant shall submit a request for Reasonable Accommodation on a form provided by the Planning Division. The application shall include the following information:
[Source: 18.112.040.A]
1. The applicant’s name, address, and telephone number; [Source: 18.112.040.A.1]
2. Address of the property for which the request is being made; [Source: 18.112.040.A.2]
3. The name and address of the property owner, and the owner’s written consent to the application; [Source: 18.112.040.A.3]
4. The current actual use of the property; [Source: 18.112.040.A.4]
5. The basis for the claim that the individual is considered disabled under the fair housing laws.[Source: 18.112.040.A.5]
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6. The type of accommodation being requested and the rule, policy, practice, and/or procedure of the Zoning Ordinance to be modified or waived. [Source: 18.112.040.A.6 and 18.112.040.A.7]
7. A description for why the accommodation is reasonable and necessary for the needs of the individual(s) with the disability to use and enjoy the housing unit. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation; [Source: 18.112.040.A.8]
8. Copies of memoranda, correspondence, pictures, plans, or background information reasonably necessary to reach a decision regarding the need for the accommodation; and [Source: 18.112.040.A.9]
9. Other supportive information deemed necessary by the Planning Division to facilitate proper consideration of the request, consistent with fair housing laws. [Source:
18.112.040.A.10]
B. Review with Other Land Use Applications. If the project for which the Reasonable Accommodation is being requested also requires some other discretionary approval (e.g., Use Permit, Architectural Review Permit, General Plan Amendment, Zoning Amendment, Subdivision Map), then the applicant shall submit the Reasonable Accommodation application first for a determination by the Zoning Administrator, before proceeding with the other applications. [Source: 18.112.040.B]
C. Fee. The fee for an application for Reasonable Accommodation shall be established by resolution of the City Council. [Source: 18.112.040.C]
18.135.050 Filing, Processing, and Review
A. Notice and Public Hearing. No advance notice or public hearing is required for consideration of Reasonable Accommodation requests by the Zoning Administrator. Requests for Reasonable Accommodation subject to review by the Planning Commission or Architectural Review Commission shall require advance notice and a public hearing in compliance with Chapter 18.205 (Noticing Requirements). [Source: 18.112.050.B] B. Decision.
1. Within 30 working days following the submittal of a complete application, the Zoning Administrator shall approve, conditionally approve, or deny a Reasonable Accommodation application, or refer the matter to the Planning Commission or Architectural Review Commission. The Zoning Administrator shall mail notice of the decision to the applicant and all residents and property owners within 300 feet of the project site. [Source: 18.112.050.C]
2. If the application for Reasonable Accommodation involves another discretionary decision, the review authority for that decision shall accept as final the determination regarding Reasonable Accommodation by the Zoning Administrator, unless the Reasonable Accommodation request has been referred to the Planning Commission or Architectural Review Commission for consideration. [Source: 18.112.050.C] Item 10.3
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3. If the application for Reasonable Accommodation is referred to, or reviewed by, the Planning Commission or Architectural Review Commission, a decision to approve, conditionally approve, or deny the application shall be rendered within 20 working days after the close of the public hearing. [Source: 18.112.050.C]
18.135.060 Findings
A. Findings. The review authority shall approve or conditionally approve an application for Reasonable Accommodation if it can make the following findings: [Source: 18.112.060.A]
1. The housing will be used by a qualified person; [Source: 18.112.060.A.1]
2. The requested accommodation is necessary to make specific housing available to a qualified person; [Source: 18.112.060.A.2]
3. The requested accommodation would not impose an undue financial or administrative burden on the City; and [Source: 18.112.060.A.3]
4. The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning. [Source:
18.112.060.A.4]
B. Other Requirements. [Source: 18.112.060.B]
1. An approved request for Reasonable Accommodation is subject to the applicant’s compliance with all other applicable zoning regulations of this Title. [Source:
18.112.060.B.1]
2. A modification approved under this Chapter is considered a personal accommodation for the individual applicant and does not run with the land. [Source: 18.112.060.B.2
3. Where appropriate, the reviewing authority may apply any or all of the following conditions to approval: [Source: 18.112.060.B.3]
a. Inspection of the property to verify compliance with this Chapter and any conditions of approval. The frequency of inspection shall be specified in the condition of approval. [Source: 18.112.060.B.3.a]
b. Removal of the improvements if or when the need for which the accommodation was granted no longer exists, if removal would not constitute an unreasonable financial burden. [Source: 18.112.060.B.3.b] c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists. [Source: 18.112.060.B.3.c] d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists. [Source: 18.112.060.B.3.d] e. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage, or floor area ratio requirements specified for the Zone District. [Source: 18.112.060.B.3.g] Item 10.3
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f. Other conditions necessary to protect the public health, safety, and welfare of surrounding residents, workers, and visitors. [Source: 18.112.060.B.3.h]
18.135.070 Appeal
A decision by the Zoning Administrator may be appealed to the Planning Commission and/or Architectural Review Commission and a decision of the Planning Commission and/or Architectural Review Commission may be appealed to the City Council in accordance with the appeal procedures in Chapter 18.185 (Appeals and Calls for Review). [Source: 18.112.070] Item 10.3
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Chapter 18.140
Sign Permit
Item 10.3
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Chapter 18.140 Sign Permit
Sections
18.140.010 Purpose and Applicability
18.140.020 Review Authority
18.140.030 Filing, Processing, and Review
18.140.040 Findings
18.140.050 Conditions of Approval
18.140.060 Lapse of Approval – Changes to Plans
18.140.070 Revocation
18.140.010 Purpose and Applicability
No sign shall be erected or displayed without a Sign Permit, unless the sign is exempt under Section
18.95.040 (Exempt Signs). [Source: 18.105.010]
18.140.020 Review Authority
A. The Zoning Administrator has the authority to approve, conditionally approve, or deny a Sign Permit. The Zoning Administrator may refer a Sign Permit directly to the Architectural Review Commission. [Source: 18.105.020]
B. In addition to Subsection A, the Architectural Review Commission has the authority to approve, conditionally approve, or deny a Sign Permit for a theater or marquee sign under Section
18.95.070 (Specific Sign Standards). [Source: 18.105.020]
18.140.030 Filing, Processing, and Review
A. Application. An applicant for a Sign Permit shall submit the following: [Source: 18.105.030.A]
1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: 18.105.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: Source: 18.105.030.A]
B. Notice and Public Hearing.
1. No notice or public hearing is required, unless referred to the Architectural Review Commission or appealed to the Planning Commission and/or City Council, in which case a public hearing shall be held and noticed in compliance with Chapter 18.205 (Noticing Requirements). [Source: 18.105.030.A]
2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications). [Source: NEW] Item 10.3
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C. Decision.
1. Within 10 working days following the submittal of a complete application, the Zoning Administrator shall approve, conditionally approve, or deny a Sign Permit application. [Source: 18.105.030.B]
2. If the Zoning Administrator refers an application for a Sign Permit to the Architectural Review Commission, the Architectural Review Commission shall approve, conditionally approve, or deny an application within 20 working days following the close of the public hearing. [Source: 18.105.030.B]
3. The Zoning Administrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B] D. Effective Date. A Sign Permit approval is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) has been exhausted.
E. Appeal. Any interested person may appeal a decision of the Zoning Administrator to the Architectural Review Commission and a decision of the Architectural Review Commission to the City Council, in accordance with Chapter 18.185 (Appeals and Calls for Review). [Source:
18.105.030.C]
F. Projects with Multiple Discretionary Applications. Notwithstanding Subsections B and C, for projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of a Sign Permit, the Planning Commission and/or City Council shall be the final decision-maker for the Sign Permit 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]
18.140.040 Findings
The review authority shall consider the following elements in evaluating a Sign Permit application:
[Source: 18.105.040.A]
A. Visibility and legibility, including: [Source: 18.105.040.A.1]
1. Letter height and legibility [Source: 18.105.040.A.1]
2. Contrast-background relationship [Source: 18.105.040.A.1]
3. Placement and location [Source: 18.105.040.A.1]
4. Impact of other signs in the vicinity [Source: 18.105.040.A.1]
5. Average travel speed on adjacent streets. [Source: 18.105.040.A.1] B. Intensity of illumination of both the proposed sign and other signs in the vicinity, and other light sources such as streetlights or canopy lights. [Source: 18.105.040.A.2] C. The relation to the architectural design of the building. An attractive scale between the sign, the building, and the immediate surroundings shall be maintained. Signs that cover a window, Item 10.3
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spills over natural boundaries or architectural features, or obstructs parts of an upper floor of a building are not allowed. [Source: 18.105.040.A.3]
D. The graphic design, including emphasis on simplicity, style, trademarks or business identification, and use of symbols. [Source: 18.105.040.A.4] E. The sign proposal conforms to the citywide sign design guidelines and/or other applicable adopted design guidelines. [Source: 18.105.040.A.5]
18.140.050 Conditions of Approval
In approving a Sign Permit, the review authority may impose reasonable conditions necessary to:
[Source: 18.105.050]
A. Achieve consistency with the purposes of this Chapter, or the zoning district in which the site is located, and the General Plan; [Source: 18.105.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure the sign is compatible with existing and potential uses on-site and adjoining properties or in the surrounding area. [Source: 18.105.050.C]
18.140.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval. A Sign Permit lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval. [Source: 18.105.060.A] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission. [Source:
18.105.060.A]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Sign Permit. [Source: 18.105.060.A]
18.140.070 Revocation
A. A Sign Permit may be revoked in compliance with Section 18.195.050 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]
B. Resubmittal of Application. Following denial of a Sign Permit, no new application for the same, or substantially the same, permit or program shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.105.070] Item 10.3
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Chapter 18.145
Temporary Sign Permit
Item 10.3
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Chapter 18.145 Temporary Sign Permit
Sections
18.145.010 Purpose and Applicability
18.145.020 Review Authority
18.145.030 Filing, Processing, and Review
18.145.040 Findings
18.145.050 Conditions of Approval
18.145.060 Lapse of Approval – Changes to Plans
18.145.070 Revocation
18.145.080 Resubmittal of Application
18.145.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish filing and processing procedures for temporary signs as required under Section 18.95.030 (Permit Required). [Source: NEW] B. Applicability. A Temporary Sign Permit is required for all temporary signs, unless exempt under Section 18.95.040 (Exempt Signs). [Source: NEW]
18.145.020 Review Authority
The Zoning Administrator has the authority to approve, conditionally approve, or deny a Temporary Sign Permit application, whether a Master Sign Program exists or not. The Zoning Administrator may refer a Temporary Sign Permit directly to the Architectural Review Commission. [Source: 18.105.020]
18.145.030 Filing, Processing, and Review
A. Application. An applicant for a Temporary Sign Permit shall submit the following: [Source:
18.115.030.A]
1. A complete application and all applicable materials and information as provided by the Planning Division. [Source: NEW]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: NEW]
B. Noticing and Public Hearing. No notice or public hearing is required, unless the decision is appealed to the Architectural Review Commission. [Source: 18.105.030.A] C. Decision. Within 10 working days following the submittal of a complete application, the Zoning Administrator shall approve, conditionally approve, or deny a Temporary Sign Permit application. The Zoning Administrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B] Item 10.3
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D. Effective Date . A Temporary Sign Permit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted.
E. Appeal. Any interested person may appeal a decision of the Zoning Administrator to the Architectural Review Commission in accordance with Chapter 18.185 (Appeals and Calls for Review). [Source: 18.105.030.C]
F. Projects with Multiple Discretionary Applications. Notwithstanding Subsections B and C, for projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of a Temporary Sign Permit, the Planning Commission and/or City Council shall be the final decision-maker for the Temporary Sign Permit and any action of the Zoning Administrator shall be considered advisory to the Planning Commission and/or City Council. [Source: 18.105.030.D]
18.145.040 Findings
A. The review authority may approve an application for a Temporary Sign Permit if it finds all of the following to be true: [Source: 18.105.040.C] The proposed temporary sign will be located, operated, and maintained in a manner consistent with the General Plan and this Chapter; [Source: 18.105.040.C.1]
B. Approval of the Temporary Sign Permit will not be detrimental to adjacent properties, property in the surrounding area, or the public health, safety, or general welfare; and [Source:
18.105.040.C.2]
C. The proposed temporary sign conforms to the citywide sign design guidelines and other applicable adopted design guidelines. [Source: 18.105.040.C.3] D. Ensure the temporary sign is incompliance with the sign display duration standards established in Section 18.95.090 (Temporary Sign Standards) and Section 18.95.100 (Standards for Other Types of Temporary Commercial Signs) in Part 3 of this Title. [Source: NEW]
18.145.050 Conditions of Approval
In approving a Temporary Sign Permit, the review authority may impose reasonable conditions necessary to: [Source: 18.105.050]
A. Achieve consistency with the purposes of this Chapter, or the zoning district in which the site is located, and the General Plan; [Source: 18.105.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure temporary sign is displayed in a manner compatible with existing and potential uses on-site and on adjoining properties or in the surrounding area. [Source: 18.105.050.C]
18.145.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval. A Temporary Sign Permit is valid for the duration of the period specified in the permit application. A Temporary Sign Permit lapses if not used within the dates approved. [Source: 18.105.060.C]
Item 10.3
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A. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source: 18.105.060.A]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Architectural Review Commission. [Source: 18.105.060.A]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Temporary Sign Permit. [Source: 18.105.060.A]
18.145.070 Revocation
A Temporary Sign Permit may be revoked in accordance with Section 18.195.050 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]
18.145.080 Resubmittal of Application
Following denial of a Temporary Sign Permit, no new application for the same, or substantially the same, permit or program shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.105.070]
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Chapter 18.150
Master Sign Program
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Chapter 18.150 Master Sign Program
Sections
18.150.010 Purpose and Applicability
18.150.020 Review Authority
18.150.030 Filing, Processing, and Review
18.150.040 Findings
18.150.050 Conditions of Approval
18.150.060 Lapse of Approval – Changes to Plans
18.150.070 Revocation
18.150.080 Resubmittal of Application
18.150.010 Purpose and Applicability
A Master Sign Program is required for a site with four or more nonresidential tenants. [Source:
18.105.010]
18.150.020 Review Authority
The Architectural Review Commission has the authority to: [Source: 18.105.020] A. Approve, conditionally approve, or deny a Master Sign Program and amendments to a Master Sign Program. [Source: 18.105.020]
B. Prepare sign design criteria under Chapter 18.95 (Signs). [Source: 18.105.020]
18.150.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for a Master Sign Program to the Zoning Administrator. [Source: 18.105.030.A]
1. The application for a Master Sign Program shall include all the following: [Source:
18.105.030.A]
2. Plans drawn to scale, delineating the site proposed to be included within the Master Sign Program and the general location of all signs; [Source: 18.105.030.A.1]
3. Drawings and/or sketches indicating the exterior surface details of all buildings on the site on which wall signs, directory signs, ground signs, or projecting signs are proposed; [Source: 18.105.030.A.2]
a. A statement of the reasons for any requested modification to the regulations or standards of Chapter 18.95 (Signs); and [Source: 18.105.030.A.3] b. A written program specifying sign standards, including color, size, construction details, placement, and necessity for City review, for distribution to future tenants. [Source: 18.105.030.A.4]
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4. Noticing and Public Hearing.
a. The Architectural Review Commission shall hold a public hearing on an application for a Master Sign Program and notice such meeting in compliance with Chapter 18.205 (Noticing Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source:
18.90.030.B]
b. The public hearing shall be scheduled within 20 calendar days of the application being deemed complete and held within 60 calendar days of the application being deemed complete. [Source: 18.90.030.B] B. Decision. Within 20 working days following the public hearing, the Architectural Review Commission shall approve, conditionally approve, or deny a Master Sign Program application.
The Zoning Administrator shall mail notice of the decision to the applicant within 10 calendar days of the decision. In the case of an appeal, the date of decision is the date of the adoption of a resolution of decision. [Source: 18.105.030.B]
C. Effective Date. A Master Sign Program approval is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted.
D. Appeal. Any interested person may appeal a decision of the Architectural Review Commission to the City Council, in accordance with Chapter 18.185 (Appeals and Calls for Review). [Source: 18.105.030.C]
E. Projects with Multiple Discretionary Applications. Notwithstanding Subsections B and C, for projects requiring a discretionary permit approval from the Planning Commission and/or City Council in conjunction with approval of a Sign Permit and/or Master Sign Program, the Planning Commission and/or City Council shall be the final decision-maker for the Sign Permit and/or Master Sign Program 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]
18.150.040 Findings
The review authority may approve an application for a Master Sign Program if it finds all of the following to be true: [Source: 18.105.040.B]
A. The Master Sign Program’s contribution to the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of Section
18.95.070 (Specific Sign Standards); [Source: 18.105.040.B.1] B. The proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other; and [Source: 18.105.040.B.2] C. Future tenants will not be denied adequate opportunities for identification if transfers of sign area from one building frontage to another are proposed by the Master Sign Program. [Source:
18.105.040.B.3]
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D. The Master Sign Program conforms to the citywide sign design guidelines and other applicable adopted design guidelines. [Source: 18.105.040.B.4]
18.150.050 Conditions of Approval
In approving a Master Sign Program, the review authority may impose reasonable conditions necessary to: [Source: 18.105.050]
A. Achieve consistency with the purposes of this Chapter, or the zoning district in which the site is located, and the General Plan; [Source: 18.105.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.105.050.B] C. Ensure the implementation of a master sign program is compatible with existing and potential uses on adjoining properties or in the surrounding area. [Source: 18.105.050.C]
18.150.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval. The approval of a Master Sign Program does not lapse and remains in effect to regulate future signs on the lots included in the Master Sign Program. [Source:
18.105.060.B]
B. Changes to Master Sign Program. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Temporary Sign Permit which affects a condition of approval, requires an application for modification of the condition. [Source:
18.105.060.A]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Architectural Review Commission. [Source: 18.105.060.A]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Temporary Sign Permit. [Source: 18.105.060.A]
C. Deviation for Single Tenant. A request for a deviation for a single tenant from the site Master Sign Program shall be processed in the same manner as a Sign Permit, with review by the Architectural Review Commission in compliance with Chapter 18.140 (Sign Permits). [Source:
NEW]
18.150.070 Revocation
A Master Sign Program may be revoked in accordance with Section 18.195.050 (Revocation or Modification of Discretionary Permits) if found in violation of this Chapter or a condition of approval [Source: 18.105.060.D]
18.150.080 Resubmittal of Application
Following denial of a Master Sign Program, no new application for the same, or substantially the same, permit or program shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.105.070]
Item 10.3
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Chapter 18.155
Use Permit
Item 10.3
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Chapter 18.155 Use Permit
Sections
18.155.010 Purpose and Applicability
18.155.020 Review Authority
18.155.030 Filing, Processing, and Review
18.155.040 Findings
18.155.050 Conditions of Approval
18.155.060 Lapse of Approval – Changes to Plans
18.155.070 Revocation
18.155.080 Resubmittal of Application
18.155.010 Purpose and Applicability
A. Purpose. Use Permits provide a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but the effect on the site and surroundings require additional consideration as part of the review process. [Source: NEW] B. Applicability.
1. Use Permit. A Use Permit is required for certain uses to be located within a zoning district. Generally, a Use Permit is required because the use classification has unusual site development features or operating characteristics which require special consideration to determine compatibility with the surrounding area. [Source: 18.95.010]
2. Minor Use Permit. A Minor Use Permit is required where a Use Permit is needed for existing structures or a portion of a structure in any zoning district, certain wireless telecommunication facilities, or as otherwise specified in this Title or as determined by the Zoning Administrator. [Source: 18.95.020]
3. Temporary Use Permit. An application for a Temporary Use Permit is governed by Chapter 18.160 (Use Permit, Temporary). [Source: 18.95.010]
18.155.020 Review Authority
A. Use Permit. The Planning Commission has the authority to approve, conditionally approve, or deny Use Permits applications. [Source: 18.95.020]
B. Minor Use Permit. The Zoning Administrator has the authority to approve, conditionally approve, or deny an application for a Minor Use Permit application. The Zoning Administrator, in their discretion, may refer a Minor Use Permit application directly to the Planning Commission for review, in which case the application shall comply with the processing procedures for a Use Permit as established in this Chapter. [Source: 18.95.020] Item 10.3
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18.155.030 Filing, Processing, and Review
A. Application. An applicant for a Use Permit or Minor Use Permit shall submit the following:
[Source: 18.95.030.A]
1. A complete application for a Use Permit and all applicable materials and information as provided by the Planning Division. [Source: 18.95.030.A]
2. The Zoning Administrator, at their discretion, may add or waive the submission of application materials or information to determine compliance with the standards of this Chapter. [Source: 18.95.030.A]
B. Notice and Public Hearing.
1. Use Permit. The Planning Commission, or the Zoning Administrator for a Minor Use Permit, shall hold a public hearing on an application for a Use Permit. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted.
Notice of the public hearing shall be given in accordance with Chapter 18.205 (Noticing Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.95.030.B]
2. Minor Use Permit. The Zoning Administrator shall hold a public hearing on an application for a Minor Use Permit, unless exempted in this Title. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.205 (Noticing Requirements). [Source: NEW]
3. Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Projects with Multiple Discretionary Permit Applications). [Source: NEW]
C. Decision.
1. Use Permit. Within 20 working days following the public hearing, the Planning Commission shall approve, conditionally approve, or deny a Use Permit application. [Source: 18.95.030.C]
2. Minor Use Permit. Within 20 working days following the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Use Permit application. [Source: 18.95.030.C]
3. Notice of Decision. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision.
In the case of an appeal to the Planning Commission or City Council, the date of the decision is the date the Planning Commission or City Council adopts the resolution. [Source: 18.95.030.C]
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D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted. [Source: 18.95.030.D] E. Appeal. A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council, in compliance with Chapter 18.185 (Appeals and Call for Review). [Source: 18.95.030.E]
18.155.040 Findings
The review authority may approve an application for a Use Permit or Minor Use Permit, if it finds all of the following to be true: [Source: 18.95.040]
A. The proposed use will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the proposed use; [Source: 18.95.040.A] B. The proposed use will not be injurious or detrimental to adjacent properties or to property in the neighborhood or to the general welfare of the city; and [Source: 18.95.040.B] C. The proposed use is consistent with the policies and goals established by the General Plan. [Source: 18.95.040.C]
D. If the Use Permit is for a residential use in a residential zoning district in compliance with PHMC § 18.20.075, the following additional findings are required: [Source: 18.95.040.D]
1. The proposed use is consistent with the purposes of the residential zoning districts, as specified in Section 18.15.010 (Purpose and Intent of Residential Zoning districts). [Source: 18.95.040.D.1]
2. The proposed use complies with the development and operational standards of PHMC § 18.20.075. [Source: 18.95.040.D.2]
3. The property and existing structures are physically suited to accommodate the use. [Source: 18.95.040.D.3]
4. The proposed use will be compatible with the character of the surrounding neighborhood and the use will not contribute to changing the residential character of the neighborhood. In evaluating this factor, the review authority shall, at a minimum, consider factors such as: [Source: 18.95.040.D.4]
a. The relative size of the facility; [Source: 18.95.040.D.4] b. The proximity of the use to schools, parks, and other residential care facilities; [Source: 18.95.040.D.4]
c. Proximity to outlets for alcoholic beverages; and [Source: 18.95.040.D.4] d. The existence of substandard physical characteristics in the area (i.e., lot widths, setbacks, street width, limited available parking, short blocks). [Source:
18.95.040.D.4]
18.155.050 Conditions of Approval
In approving a Use Permit or Minor Use Permit, the review authority may impose reasonable conditions necessary to: [Source: 18.95.050]
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A. Achieve the general purposes of this Chapter or the specific purposes of the zone district in which the site is located, or to make it consistent with the General Plan; [Source: 18.95.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.95.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. [Source: 18.95.050.C]
18.155.060 Lapse of Approval – Changes to Plans
A. Lapse of Approval.
1. A Use Permit or Minor Use Permit lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.95.060.A]
a. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or [Source: 18.95.060.A.1]
b. A Certificate of Occupancy has been issued; or [Source: 18.95.060.A.2] c. The use is established; or [Source: 18.95.060.A.3]
d. The Use Permit or Minor Use Permit is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.95.060.A.4]
2. A Use Permit, or Minor Use Permit, automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. A lapsed Use Permit or Minor Use Permit for a residential use is not a binding precedent for future applications. [Source: 18.95.060.A] B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Use Permit or Minor Use Permit which affects a condition of approval, requires a new application for modification of the condition. [Source: 18.95.060.B]
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission. [Source:
18.95.060.B]
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Use Permit or Minor Use Permit. [Source: 18.95.060.B]
18.155.070 Revocation
A Use Permit or Minor Use Permit exercised in violation of this Chapter or a condition of approval may be revoked in accordance with Section 18.195.050 (Revocation or Modification of Discretionary Permits). [Source: 18.95.060.C]
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18.155.080 Resubmittal of Application
Following denial of a Use Permit or Minor Use Permit application, no new application for the same, or substantially the same, Use Permit or Minor Use Permit shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.95.070] Item 10.3
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Chapter 18.160
Use Permit, Temporary
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Chapter 18.160 Use Permit, Temporary
Sections
18.160.010 Purpose and Applicability
18.160.020 Review Authority
18.160.030 Filing, Processing, and Review
18.160.040 Findings
18.160.050 Conditions of Approval
18.160.060 Lapse of Approval
18.160.010 Purpose and Applicability
A. Purpose. This Chapter establishes procedures for allowing ministerial approval of Temporary Use Permits for short-term activities or uses. [Source: NEW] B. Applicability. A Temporary Use Permit is required to authorize certain temporary use classifications, as defined in Section 18.210.070 (Temporary Land Use Classifications). A Temporary Use Permit may not be issued more than:
1. Six times during any calendar year and for up to 14 days for each occurrence. [Source:
18.100.010]
2. Each site shall not have temporary use permits that exceed more than 84 total days during any calendar year.
C. A Temporary Use Permit is not required for a special event held on both private and public property if the sponsor or property owner obtains a Special Event Permit under Chapter 6.20 (Special Event Permit) in Title 6 of the Pleasant Hill Municipal Code. [Source: 18.100.010]
18.160.020 Review Authority
The Zoning Administrator has the authority to approve, conditionally approve, or deny a Temporary Use Permit application. The Zoning Administrator may, in their discretion, refer a Temporary Use Permit application directly to the Planning Commission. [Source: 18.100.020]
18.160.030 Filing, Processing, and Review
A. Application. The applicant shall submit an complete application for a Temporary Use Permit to the Zoning Administrator. The Zoning Administrator may request additional plans and materials within five working days of receiving a complete application if deemed necessary to assess the potential impacts of the proposed temporary use. [Source: 18.100.030.A] B. Notice and Public Hearing. No notice or public hearing is required for a Temporary Use Permit unless referred or appealed to the Planning Commission. [Source: 18.100.030.A] C. Decision. Within five working days following the submission of a complete application, the Zoning Administrator shall approve, conditionally approve, or deny a Temporary Use Permit Item 10.3
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application. The Zoning Administrator shall promptly notify the applicant. [Source:
18.100.030.B]
D. Effective Date. A Temporary Use Permit is effective on the date of approval. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted. [Source: 18.100.030.C]
E. Appeal. Any interested person may appeal a decision of a Temporary Use Permit application to the Planning Commission, in compliance with Chapter 18.185 (Appeals and Call for Review). [Source: 18.100.030.C]
18.160.040 Findings
The Zoning Administrator shall approve an application for a Temporary Use Permit if they find all the following to be true : [Source: 18.100.040]
A. The proposed temporary use will be located, operated, and maintained in a manner consistent with the General Plan and this Chapter; and [Source: 18.100.040.A] B. Approval of the application will not be detrimental to adjacent properties or to property in the surrounding area or to the public health, safety, or general welfare. [Source: 18.100.040.B]
18.160.050 Conditions of Approval
In approving a Temporary Use Permit, the Zoning Administrator may impose reasonable conditions necessary to: [Source: 18.100.050]
A. Ensure consistency with the general purposes of this Chapter, the specific purposes of the zoning district in which the site is located, and the General Plan; [Source: 18.100.050.A] B. Protect the public health, safety, and general welfare. This may include, but is not limited to, conditions regarding traffic, parking, noise, waste, and litter; and [Source: 18.100.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. ( [Source: 18.100.050.C]
18.160.060 Lapse of Approval
A. A Temporary Use Permit lapses if not used within the timeframe in which the permit was approved. [Source: 18.100.030.]Revocation
B. The Zoning Administrator may revoke a Temporary Use Permit for a violation of the terms of the permit. The revocation is effective immediately upon verbal or written notice to the permit holder. The Zoning Administrator shall confirm any verbal notice in writing within two working days. [Source: 18.100.030.C]
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Chapter 18.165
Variance
Item 10.3
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Chapter 18.165 Variance
Sections
18.165.010 Purpose and Applicability
18.165.020 Review Authority
18.165.030 Filing, Processing, and Review
18.165.040 Findings
18.165.050 Conditions of Approval
18.165.060 Lape of Approval – Changes to Plans
18.165.070 Resubmittal of Application
18.165.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to allow variances from the zoning requirements established in this Title in compliance with California Government Code Sections 65900 through 65909. Variances may be approved when special circumstances are applicable to the property (e.g., location, shape, size, surroundings, topography) and/or the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zones. [Source: NEW] B. Applicability.
1. Variance. A Variance is required when a property owner seeks relief from zoning requirements because of special physical conditions applicable to the property. [Source: 18.110.010]
2. Minor Variance. A Minor Variance is a variance in connection with property in a singlefamily zoning district. [Source: 18.110.010]
3. A Variance may not be granted regarding use classifications or density. [Source:
18.110.010]
4. A request for a Reasonable Accommodation in the application of zoning regulations for a disabled person is not considered a Variance or Minor Variance. See Chapter
18.135 (Reasonable Accommodation) for permitting requirements for Reasonable Accommodation requests. [Source: 18.110.010]
18.165.020 Review Authority
A. Variance. The Planning Commission has the authority to approve, conditionally approve, or deny Variances.
B. Minor Variance. The Zoning Administrator has the authority to approve, conditionally approve, or deny a Minor Variance. The Zoning Administrator may, in their discretion, refer a Minor Variance application directly to the Planning Commission for review. [Source: 18.110.020] Item 10.3
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18.165.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for a Variance or Minor Variance to the Zoning Administrator in the format approved by the Planning Division. [Source:
18.110.030.A]
B. Notice and Public Hearing.
1. Variance. The Planning Commission shall hold a public hearing on an application for a Variance. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. When applications for multiple Development Plans, Use Permits or Variances on a single lot are filed at the same time, the Zoning Administrator shall schedule a combined public hearing.
When applications for multiple entitlements requiring Planning Commission review on a single lot are filed at the same time, a combined public hearing may be scheduled for all entitlement applications submitted. [Source: 18.110.030.B]
2. Minor Variance. The Zoning Administrator shall hold a public hearing on an application for a Minor Variance. The public hearing shall be scheduled within 20 calendar days and held within 60 calendar days of the application being deemed complete. Notice of the public hearing shall be given in accordance with Chapter 18.205 (Noticing Requirements). [Source: NEW]
3. Notice of public hearings shall be given in compliance with Chapter 18.205 (Noticing Requirements). A public hearing may be continued to a definite date and time without additional public notice. [Source: 18.110.030.B]
4. Multiple Discretionary Permits. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Multiple Discretionary Permits). [Source: NEW] C. Decision.
1. Variance. Within 20 working days following the public hearing, the Planning Commission shall approve, conditionally approve, or deny a Variance application. [Source: 18.110.030.C]
2. Minor Variance. Within 20 working days following the public hearing, the Zoning Administrator shall approve, conditionally approve, or deny a Minor Variance application. [Source: NEW]
3. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. In the case of an appeal to the Planning Commission or City Council, the date of the decision is the date the Planning Commission or City Council adopts the resolution. [Source:
18.110.030.C]
D. Effective Date. A decision under this Chapter takes effect 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted. [Source: 18.110.030.D] Item 10.3
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E. Appeal. A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council in compliance with Chapter 18.185 (Appeals and Call for Review). [Source: 18.110.030.E,]
18.165.040 Findings
In compliance with California Government Code 65900 through 65909, the review authority may approve an application for a Variance or Minor Variance if it finds all of the following to be true: [Source:
18.110.040]
A. The requested Variance or Minor Variance is based on the existence of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, such that the strict application of the zoning regulations of this Title deprives the property of privileges enjoyed by other properties in the vicinity under the same zoning district; [Source:
18.110.040.A]
B. The requested Variance or Minor Variance does not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and [Source: 18.110.040.B]
C. The Variance substantially meets the intent and purpose of the zoning district in which the property is located. [Source: 18.110.040.C]
18.165.050 Conditions of Approval
In approving a Variance or Minor Variance, the review authority may impose reasonable conditions necessary to: [Source: 18.110.050]
A. Achieve the general purposes of this Chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the General Plan; [Source: 18.110.050.A] B. Protect the public health, safety, and general welfare; or [Source: 18.110.050.B] C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. [Source: 18.110.050.C]
18.165.060 Lape of Approval – Changes to Plans
A. Lapse of Approval. A Variance or Minor Variance lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred: [Source: 18.110.060.A]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or [Source: 18.110.060.A.1]
2. A certificate of occupancy has been issued; or [Source: 18.110.060.A.2]
3. The Variance or Minor Variance is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.110.060.A.3] Item 10.3
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B. Changes to Plans or Conditions of Approval. A request for a change in a condition of approval, or a change in the Variance or Minor Variance which affects a condition of approval, requires a new application for modification of the condition.
1. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve the modification administratively. The Zoning Administrator’s decision may be appealed to the Planning Commission.
2. If the Zoning Administrator determines that the modification is major, then the modification shall be referred to the final decision-making body that approved the original Variance or Minor Variance. [Source: 18.90.060.B]
18.165.070 Resubmittal of Application
Following denial of a Variance or Minor Variance, no new application for the same, or substantially the same, Variance or Minor Variance shall be accepted within 12 months of the date of denial, unless the denial was made without prejudice. [Source: 18.110.070] Item 10.3
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Chapter 18.170
Zoning Permit
Item 10.3
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Chapter 18.170 Zoning Permit
Sections
18.170.010 Purpose and Applicability
18.170.020 Review Authority
18.170.030 Filing, Processing, and Review
18.170.040 Findings
18.170.050 Lapse of Approval – Changes to Plans
18.170.060 Revocation
18.170.070 Resubmittal of Application
18.170.010 Purpose and Applicability
A. Purpose. To ensure that each new, changed, or expanded use of a structure complies with this Chapter. [Source: 18.85.010]
B. Applicability. A Zoning Permit is required before any of the following can occur:
1. The issuance of a Building Permit or Grading Permit;
2. A new or change in use of a property, including the establishment of a new business;
3. Modifying, replacing, or constructing an accessory structure;
4. Replacing or constructing a fence or wall within a residential front or street side setback; or
5. A Section 6409(a) modification as specified by Chapter 18.110 (Wireless Communications).
18.170.020 Review Authority
The Zoning Administrator has the authority to approve, conditionally approve, or deny an application for a Zoning Permit. [Source: NEW]
18.170.030 Filing, Processing, and Review
A. Application. The applicant shall submit a complete application for a Zoning Permit to the Zoning Administrator in the form approved by the Planning Division. [Source: 18.85.030.A] B. Notice and Public Hearing.
1. No notice or public hearing is required for a Zoning Permit, unless appealed to the Planning Commission in compliance with Subsection E. [Source: NEW]
2. Public hearings for applications with multiple discretionary permits or entitlements for a single project shall be conducted in compliance with Section 18.175.030 (Multiple Discretionary Permits). [Source: NEW]
Item 10.3
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C. Decision. Within five working days following the submittal of a complete application, the Zoning Administrator shall approve or deny the Zoning Permit application. The Zoning Administrator shall mail notice of the decision to the applicant and any other party requesting notice within 10 calendar days of the decision. [Source: 18.85.030.B] D. Effective Date. A Zoning Permit is effective upon issuance. If the decision is appealed, the decision is not final until the appeal process under Chapter 18.185 (Appeals and Calls for Review) is exhausted. [Source: 18.85.030.C, modified]
E. Appeal. Any interested person may appeal the Zoning Administrator’s decision in compliance with Chapter 18.185 (Appeals and Calls for Review). [Source: 18.85.030.D]
18.170.040 Findings
The Zoning Administrator shall issue a Zoning Permit if they find the following to be true: [Source:
18.85.020]
A. The proposed structure, use, or fence complies with this Chapter; and B. No further environmental review is required under the California Environmental Quality Act (CEQA). [Source: 18.85.020]
18.170.050 Lapse of Approval – Changes to Plans
A. Lapse of Approval. A Zoning Permit lapses 12 months after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
[Source: 18.85.040.A]
1. A Construction Permit (e.g., Demolition, Building, Grading, Site) has been issued, construction activities has commenced, and applicable preconstruction tasks have started; or [Source: 18.85.040.A.1]
2. A Certificate of Occupancy has been issued; or [Source: 18.85.040.A.2]
3. The use is established; or [Source: 18.85.040.A.3]
4. The Zoning Permit is renewed by the review authority which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. [Source: 18.85.040.A.4]
5. A Zoning Permit automatically lapses if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. [Source:
18.85.040.A]
B. Changes to Plans, Use or Condition of Approval. If the plans, project description or condition of approval are changed in a manner that affects compliance with this Chapter or there is a request for a change in the Zoning Permit or a condition of approval, a new application for modification of the condition is required. [Source: 18.85.040.B] Item 10.3
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18.170.060 Revocation
A Zoning Permit exercised in violation of this Chapter or a condition of approval may be revoked, as provided in Section 18.195.050 (Revocation or Modification of Discretionary Permits). [Source:
18.85.040.C]
18.170.070 Resubmittal of Application
If an application for a Zoning Permit is denied, no new application for the same, or substantially the same, Zoning Permit shall be filed within 12 months of the date of denial of the initial application, unless the denial is made without prejudice. [Source: 18.85.030.B] Item 10.3
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Part 5
Zoning Ordinance
Administration
Item 10.3
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Title 18 – City of Pleasant Hill Zoning
Ordinance
Part 5 – Zoning Ordinance
Administration
PUBLIC REVIEW DRAFT
OCTOBER 2025
Table of Contents
CHAPTER 18.175 GENERAL PROVISIONS ............................................................................... 359
18.175.010 General......................................................................................................................... 359
18.175.020 Review and Approval Authority .................................................................................... 359
18.175.030 Projects with Multiple Discretionary Permit Applications ............................................. 360
18.175.040 Completeness of Application........................................................................................ 360
18.175.050 Environmental Review.................................................................................................. 361
18.175.060 Fees and Deposits ....................................................................................................... 363
18.175.070 City Indemnification ...................................................................................................... 363 CHAPTER 18.180 AMENDMENTS – GENERAL PLAN, ZONING ORDINANCE, AND ZONING MAP 366
18.180.010 Purpose and Applicability ............................................................................................. 366
18.180.020 Application and Initiation of Amendments .................................................................... 366
18.180.030 Report – Notice and Public Hearing............................................................................. 367
18.180.040 Action............................................................................................................................ 367
18.180.050 Findings ........................................................................................................................ 369
18.180.060 Resubmittal of Application............................................................................................ 369 CHAPTER 18.185 APPEALS AND CALLS FOR REVIEW.......................................................... 371
18.185.010 Purpose ........................................................................................................................ 371
18.185.020 Right to Appeal, Call for Review, Time Limits .............................................................. 371
18.185.030 Initiation ........................................................................................................................ 371
18.185.040 Procedures ................................................................................................................... 371
18.185.050 Effective Date ............................................................................................................... 372 CHAPTER 18.190 DEVELOPMENT AGREEMENT..................................................................... 374 Item 10.3
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18.190.010 Purpose ........................................................................................................................ 374
18.190.020 Interpretation of Development Agreement Provisions.................................................. 374
18.190.030 Eligibility Requirements ................................................................................................ 374
18.190.040 Agreement Contents .................................................................................................... 375
18.190.050 Filing, Processing, and Review .................................................................................... 376
18.190.060 Action............................................................................................................................ 377
18.190.070 Findings ........................................................................................................................ 378
18.190.080 Annual Review.............................................................................................................. 378
18.190.090 Amendment or Cancellation......................................................................................... 379
18.190.100 Administration............................................................................................................... 379 CHAPTER 18.195 ENFORCEMENT............................................................................................. 381
18.195.010 Purpose and Intent ....................................................................................................... 381
18.195.020 Public Nuisance............................................................................................................ 381
18.195.030 Permits, Licenses, Certificates, and Approvals............................................................ 381
18.195.040 Enforcement Responsibilities....................................................................................... 381
18.195.050 Revocation or Modification of Discretionary Permits.................................................... 381
18.195.060 Public Hearing and Other Violations ............................................................................ 382
18.195.070 Penalties....................................................................................................................... 382
18.195.080 Notice of Violation ........................................................................................................ 383 CHAPTER 18.200 NONCONFORMING PROVISIONS................................................................ 385
18.200.010 Purpose and Applicability ............................................................................................. 385
18.200.020 Determination and Proof of Nonconforming Status...................................................... 385
18.200.030 Nonconforming Lots ..................................................................................................... 385
18.200.040 Nonconforming Structures............................................................................................ 386
18.200.050 Nonconforming Uses.................................................................................................... 387
18.200.060 Nonconforming Signs ................................................................................................... 388 CHAPTER 18.205 NOTICING REQUIREMENTS......................................................................... 391
18.205.010 General Notice Requirements...................................................................................... 391
18.205.020 Contents of Notice........................................................................................................ 391
18.205.030 Summary of Notice Requirements ............................................................................... 392 Item 10.3
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Chapter 18.175
General Provisions
Item 10.3
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Chapter 18.171 General Provisions
Sections
18.175.010 General
18.175.020 Review and Approval Authority
18.175.030 Projects with Multiple Discretionary Permit Applications
18.175.040 Completeness of Application
18.175.050 Environmental Review
18.175.060 Fees and Deposits
18.175.070 City Indemnification
18.171.010 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]
18.171.020 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 10.3
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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 18.185 (Appeals and Calls for Review). [Source: 18.75.020]
18.171.030 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]
18.171.040 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 10.3
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18.171.050 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 18.175.040 (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 10.3
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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 18.175.050.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 18.175.050.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 d. The proposed project will have, or may have, significant impact(s) and an EIR will be prepared in compliance with CEQA and Subsection 18.175.050.G (Preparation of EIRs).
Item 10.3
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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]
18.171.060 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]
18.171.070 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. . [Source: 18.75.060] Item 10.3
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Item 10.3
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Chapter 18.180
Amendments – General Plan
Zoning Ordinance, and Zoning
Map
Item 10.3
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Chapter 18.180 Amendments – General Plan, Zoning
Ordinance, and Zoning Map
Sections
18.180.010 Purpose and Applicability
18.180.020 Application and Initiation of Amendments
18.180.030 Report – Notice and Public Hearing
18.180.040 Action
18.180.050 Findings
18.180.060 Resubmittal of Application
18.180.010 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]
18.180.020 Application and Initiation of Amendments
A. General Plan. An amendment to the General Plan may be initiated as follows:
1. Initiation. An amendment to the Geneal Plan may be initiated by motion of the City Council or Planning Commission, or action of the Zoning Administrator. Any resident, property owner or business owner in the City may request an amendment to the General Plan by submitting a written request to the Zoning Administrator. [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, or action of the Zoning Administrator. Any resident, property owner or business owner in the City may request an amendment to the Zoning Map by submitting a written request to the Zoning Administrator. [Source: 18.125.020.A, modified] C. Zoning Ordinance. An amendment to the Zoning Ordinance may be initiated by motion of the City Council or the Planning Commission, or action of the Zoning Administrator. Any resident, Item 10.3
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property owner or business owner in the City may request an amendment to the Zoning Ordinance by submitting a written request to the Zoning Administrator. [Source: 18.125.020.B]
18.180.030 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 18.205 (Noticing Requirements). In compliance with Section 18.175.030 (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]
18.180.040 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 18.180.050 (Findings). [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 by request terminates the proceedings, unless appealed in compliance with Chapter
18.185 (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 Item 10.3
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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 18.205 (Noticing 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 18.180.050 (Findings). [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 18.205 (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 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] Item 10.3
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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]
18.180.050 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 18.180.050.D (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]
18.180.060 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 accepted within 12-months of the date of denial, unless the denial was made without prejudice. [Source:
18.125.090]
Item 10.3
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Chapter 18.185
Appeals and Calls for Review
Item 10.3
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Chapter 18.185 Appeals and Calls for Review
Sections
18.185.010 Purpose
18.185.020 Right to Appeal, Call for Review, Time Limits
18.185.030 Initiation
18.185.040 Procedures
18.185.050 Effective Date
18.185.010 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.
18.185.020 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]
18.185.030 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]
18.185.040 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 10.3
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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 18.205 (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]
18.185.050 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 10.3
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Chapter 18.190
Development Agreement
Item 10.3
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Chapter 18.190 Development Agreement
Sections
18.190.010 Purpose
18.190.020 Interpretation of Development Agreement Provisions
18.190.030 Eligibility Requirements
18.190.040 Agreement Contents
18.190.050 Filing, Processing, and Review
18.190.060 Action
18.190.070 Findings
18.190.080 Annual Review
18.190.090 Amendment or Cancellation
18.190.100 Administration
18.190.010 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]
18.190.020 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]
18.190.030 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 10.3
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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.
18.190.040 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 10.3
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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]
18.190.050 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 18.175.050 (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 10.3
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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 18.190.060 (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 18.190.060 (Action) based on the findings identified in Section 18.190.070 (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 18.205 (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]
18.190.060 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 18.190.060 (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 10.3
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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]
18.190.070 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]
18.190.080 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 10.3
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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]
18.190.090 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]
18.190.100 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 10.3
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Chapter 18.195
Enforcement
Item 10.3
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Chapter 18.195 Enforcement
Sections
18.195.010 Purpose and Intent
18.195.020 Public Nuisance
18.195.030 Permits, Licenses, Certificates, and Approvals
18.195.040 Enforcement Responsibilities
18.195.050 Revocation or Modification of Discretionary Permits
18.195.060 Public Hearing and Other Violations
18.195.070 Penalties
18.195.080 Notice of Violation
18.195.010 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]
18.195.020 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]
18.195.030 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]
18.195.040 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]
18.195.050 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 10.3
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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 18.205 (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]
18.195.060 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]
18.195.070 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 10.3
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– 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]
18.195.080 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 10.3
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Chapter 18.200
Nonconforming Provisions
Item 10.3
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Chapter 18.200 Nonconforming Provisions
Sections
18.200.010 Purpose and Applicability
18.200.020 Determination and Proof of Nonconforming Status
18.200.030 Nonconforming Lots
18.200.040 Nonconforming Structures
18.200.050 Nonconforming Uses
18.200.060 Nonconforming Signs
18.200.010 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]
18.200.020 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]
18.200.030 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 10.3
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18.200.040 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 18.155 (Use Permit). [Source: 18.65.030.C.2] Item 10.3
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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 18.70 (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 18.18.060 (Accessory Structures and Uses: Residential), 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]
18.200.050 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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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 18.155 (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 18.200.040.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]
18.200.060 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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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 10.3
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Chapter 18.205
Noticing Requirements
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Chapter 18.205 Noticing Requirements
Sections
18.205.010 General Notice Requirements
18.205.020 Contents of Notice
18.205.030 Summary of Notice Requirements
18.205.010 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]
18.205.020 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 10.3
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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]
18.205.030 Summary of Notice Requirements
A. Notice of a public hearing shall be given for a particular matter in compliance with Table 18.205- A (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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Table 18.205-A
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 one-eighth 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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Item 10.3
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Public Review Draft – October 2025
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Part 6
Definitions and Land Use
Classifications
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Title 18 – City of Pleasant Hill Zoning
Ordinance
Part 6 – Definitions and Land Use
Classifications
PUBLIC REVIEW DRAFT
OCTOBER 2025
Table of Contents
CHAPTER 18.210 LAND USE CLASSIFICATIONS .................................................................... 399
18.210.010 Purpose and Applicability ............................................................................................. 399
18.210.020 Accessory Land Use Classifications ............................................................................ 399
18.210.030 Commercial Land Use Classifications.......................................................................... 399
18.210.040 Industrial Land Use Classifications .............................................................................. 404
18.210.050 Public and Semi-Public Land Use Classifications........................................................ 405
18.210.060 Residential Land Use Classifications ........................................................................... 407
18.210.070 Temporary Land Use Classifications ........................................................................... 410 CHAPTER 18.215 DEFINITIONS.................................................................................................. 413
18.215.010 “A” Definitions............................................................................................................... 414
18.215.020 “B” Definitions............................................................................................................... 415
18.215.030 “C” Definitions............................................................................................................... 416
18.215.040 “D” Definitions............................................................................................................... 418
18.215.050 “E” Definitions............................................................................................................... 420
18.215.060 “F” Definitions ............................................................................................................... 420
18.215.070 “G” Definitions............................................................................................................... 422
18.215.080 “H” Definitions............................................................................................................... 422
18.215.090 “I” Definitions ................................................................................................................ 422
18.215.100 “J” Definitions................................................................................................................ 423
18.215.110 “K” Definitions............................................................................................................... 423
18.215.120 “L” Definitions ............................................................................................................... 423
18.215.130 “M” Definitions .............................................................................................................. 427 Item 10.3
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18.215.140 “N” Definitions............................................................................................................... 428
18.215.150 “O” Definitions............................................................................................................... 428
18.215.160 “P” Definitions............................................................................................................... 429
18.215.170 “Q” Definitions............................................................................................................... 430
18.215.180 “R” Definitions............................................................................................................... 430
18.215.190 “S” Definitions............................................................................................................... 431
18.215.200 “T” Definitions ............................................................................................................... 435
18.215.210 “U” Definitions............................................................................................................... 435
18.215.220 “V” Definitions............................................................................................................... 435
18.215.230 “W” Definitions.............................................................................................................. 435
18.215.240 “X” Definitions............................................................................................................... 435
18.215.250 “Y” Definitions............................................................................................................... 435
18.215.260 “Z” Definitions ............................................................................................................... 436 Item 10.3
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Chapter 18.210
Land Use Classifications
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Chapter 18.206 Land Use Classifications
Sections
18.210.010 Purpose and Applicability
18.210.020 Accessory Land Use Classifications
18.210.030 Commercial Land Use Classifications
18.210.040 Industrial Land Use Classifications
18.210.050 Public and Semi-Public Land Use Classifications
18.210.060 Residential Land Use Classifications
18.210.070 Temporary Land Use Classifications
18.206.010 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.
18.206.020 Accessory Land Use Classifications
Accessory use. A use incidental to the principal permitted or a conditionally permitted use on the same site.
18.206.030 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 18.60 (Adult Businesses).
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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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 10.3
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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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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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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.
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Research and development services. An establishment primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronics research firms and pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis.
Retail sales. An establishment engaged in retail sales of goods, including the retail sale of merchandise not specifically listed under another use classification established in this Chapter. This classification includes, but is not limited to, a department store, clothing store, secondhand store, furniture store, and business retailing goods such as: toys, hobby materials, groceries, hand-crafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, baseball cards, coins and other collectibles (e.g., cards, comics), comics, paint and wallpaper, carpeting and floor covering, medical supplies, office supplies, bicycles, and new automotive parts and accessories (including installation, but excluding service activities).
Theater. An establishment providing facilities for motion pictures or dramatic or musical performances and concerts.
Travel services. An establishment providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies.
18.206.040 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, Item 10.3
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manufacturer of nontoxic computer components, and uses involving personal fitness science and technology.
Vehicle storage facility. Facilities for transportation vehicles (taxi, limousine, bus) including storage yards with related office, dispatch, and maintenance facilities. This includes storage of parking towaways, impound yard, and storage lot for automobiles, trucks, buses, and recreational vehicles.
Warehousing and storage, limited. Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification excludes wholesale distribution and storage, and vehicle storage.
Wholesale distribution and storage. Establishment engaged in bulk sales of goods primarily to other vendors, with distribution and storage facilities without direct public access.
18.206.050 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.
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• Offender rehabilitation services. Establishments primarily engaged in providing postconviction and/or post-incarceration follow-up services to individuals and/or groups, including, but not limited to: social services, counseling, monitoring, compliance verification, testing, referrals, and/or other similar follow-up services.
Place of assembly. A facility intended for public or private assembly and meetings, including but not limited to civic auditoriums and theatres, banquet halls, community and civic centers, conference and convention facilities, meeting halls for clubs and other membership organizations, religious institutions and other places of worship.
Religious institution. A facility for religious worship and incidental religious education, but not including a private school. Falls under the broader land use classification of “Place of Assembly.” See definition for “Place of Assembly.”
Residential Care facility, large, licensed. Any one of the following residential or nonresidential care facilities, which serves seven or more residents (or clients):
1. A health facility, as defined at Health and Safety Code Section 1250, including general acute care hospital; acute psychiatric hospital; skilled nursing facility; intermediate care facility; intermediate care facility/ developmentally disabled – rehabilitative; special hospital; intermediate care facility/developmentally disabled; intermediate care facility/developmentally disabled – nursing; congregate living health facility; correctional treatment center (including inpatient health services and not including facilities providing offender rehabilitation services); nursing facility; and intermediate care facility/developmentally disabled – continuous nursing.
2. A community care facility, as defined at Health and Safety Code Section 1502, including:
residential facility; adult day program; therapeutic day services facility; foster family agency; foster family home; small family home; social rehabilitation facility; community treatment facility; full-service adoption agency; noncustodial adoption agency.
3. A residential care facility, as defined at Health and Safety Code Section 1568.01 as a residential care facility for persons with chronic, life-threatening illnesses who are 18 years of age or older, or are emancipated minors, and for family units.
4. A residential care facility for the elderly, as defined at Health and Safety Code Section 1569.2(k) as a housing arrangement chosen voluntarily by persons 60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.
5. A pediatric day health and respite care facility, as defined at Health and Safety Code Section 1760.2 as a facility which provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology dependent children.
6. An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code Section 11834.02, licensed by the State.
Residential Care facility, large, unlicensed. A residential facility, not licensed by the State, in which seven or more individuals with a disability reside who are not living together as a family (as defined) Item 10.3
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and in which every person residing in the facility is an individual with a disability (except the licensee, members of the licensee’s family, or persons employed as facility staff).
School.
1. School, college and university. A public or private post-secondary institution for higher learning that grants associate or bachelor’s degrees and may also have research facility and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges, public or private colleges and universities, and technical schools.
2. School, private Privately owned and operated elementary, middle, secondary, or high school, or other institution providing academic instruction for students from kindergarten through 12th grade in compliance with the California Education Code.
3. School, technical, trade and vocational. A public or private post-secondary school providing occupational, job training, or recreational activities. Recreational activities include music, dance, or martial arts, or art lessons.
Senior housing. Housing that is available only to households in which the head of the household is 55 years of age or older, and which is not a residential care facility (small or large) as defined in this Chapter.
Utilities, major. Generating plant; electrical substation; above-ground electrical transmission line; switching building; refuse collection and transfer station; processing, recycling or disposal facility; water reservoir; flood control or drainage facility; water or wastewater treatment plant; transportation or communications facility (other than a communication facility as defined in this Chapter); and similar facility of a public agency or public utility.
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.
18.206.060 Residential Land Use Classifications
Accessory dwelling unit. An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling unit is situated.
An accessory dwelling unit also includes: (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1, and (2) a manufactured home, as defined in Health and Safety Code Section 18007.
See Section 18.15.050 (Accessory Dwelling Units).
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Accessory dwelling unit, junior. A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. See Section 18.15.050 (Accessory Dwelling Units).
Bed and breakfast. An establishment offering lodging (with or without incidental meal and/or beverage service) in a single-family residential building and in conjunction with a single-family residential use, for short-term stays of less than 30 consecutive calendar days.
Boarding and lodging. The renting of a room or rooms within an existing single-family dwelling where:
(1) a bedroom or bedrooms are rented, with a separate rental agreement for each room, not for the entire dwelling; (2) for a minimum of 30 consecutive calendar days; (3) with the common use of kitchen facilities; and (4) those occupying the bedroom or bedrooms do not function as a family as defined in Section 18.215.060 (“F” Definitions).
Emergency shelter. Temporary housing, including interim intervention facilities (i.e., navigation centers, bridge housing, respite or recuperative care), with minimal supportive services for displaced persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (Health and Safety Code Section 50801(e)).
Employee housing. Privately owned housing which houses up to six employees in living quarters and is provided in connection with any work, whether rent is involved. Employee housing is subject to the provisions of the Employee Housing Act. In compliance with the Government Code, employee housing, as defined herein, shall be deemed a single family land use and shall be regulated as such for the purposes of this Title.
Employee housing, agricultural. Housing consisting of no more than 36 beds in a group quarter or 12 units or spaces designed for use by a single family or household, or that is approved in compliance with Government Code Section 17021.8, shall be deemed an agricultural land use for the purposes of this Title.
Family day care home. A facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, as defined in Health and Safety Code section 1596.78. A family day care home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a multifamily dwelling in which the underlying zoning district allows for residential uses. A family day care home is where the day care provider resides and includes a dwelling that is rented, leased, or owned.
Group residential. Shared living quarters, in multi-family zoning districts, with or without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, dormitories, and private residential clubs, but excludes care facilities.
Home occupation. A home occupation is an ongoing activity in a dwelling which provides goods or services where such activity is incidental to the primary use of the dwelling for residential purposes.
See also “Cottage food operations.”
Low barrier navigation center. Housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing.
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Mobile or manufactured housing. A structure intended for human habitation manufactured or constructed under authority of 42 U.S.C. Sec 5403, Federal Manufactured Home Construction and Safety Standards, or California law (Health and Safety Code Sections 18007 and 18008). The structure is manufactured either in whole or in substantial part at an off-site location, transported to and assembled on-site, and placed on a permanent foundation.
Mobile home park. Any area of land or property that has at least two mobile homes, manufactured homes, recreational vehicles, and/or lots that are held out for rent or lease.
Multi-family residential.
• Two-Unit Dwelling (Duplex). A residential building designed to accommodate two separate households/living units. These units are usually side by side, sharing a common wall, or stacked one above the other, with each unit having its own entrance and often its own yard or outdoor space.
• Three-Unit Dwelling (Triplex). A residential building designed to accommodate three separate households/living units, each with its own entrance and often separate facilities.
Triplexes can be arranged in various configurations, such as side-by-side, stacked, or a combination of these layouts.
• Four-Unit Dwelling (Fourplex or Quad). A residential building designed to accommodate four separate households/living units, each with its own entrance and amenities. These units can be arranged in different layouts, including all on one floor, stacked in two or more levels, or in a combination of these configurations.
• Multi-Unit Dwelling (Over Five Units). A residential building or complex containing more than five separate living units. This category includes apartment buildings, condominiums, and larger residential complexes with various layouts and shared amenities such as common areas.
Residential care facility, small, licensed. A facility serving six or fewer residents (not including the licensee or members of the licensee’s family or staff) and is licensed by the State. Any combination of two or more residential care facilities that are under the control and management of the same owner, operator, management company, licensee, or any affiliate of them, and are integrated components of one operation, are considered one facility.
Residential care facility, small, unlicensed. A residential care facility of six or fewer total residents managed under a single operator and designed for short-term stays by each resident as a transition from drug or alcohol rehabilitation or while on parole. Any combination of two or more residential care facilities that are under the control and management of the same owner, operator, management company, licensee, or any affiliate of them, and are integrated components of one operation, are considered one facility.
Senior housing. Housing that is available only to households in which the head of the household is 55 years of age or older, and which is not a residential care facility as defined in this Section.
Single-room occupancy. A single-room occupancy facility is a residential building that includes multiple single-room occupancy units. “Single-room occupancy unit” means housing consisting of single-room dwelling units that are the primary residence of their occupant or occupants. If the singleroom occupancy housing consists of new construction, conversion of nonresidential space, or Item 10.3
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reconstruction, the unit must contain either food preparation or sanitary facilities and may contain both.
If the single-room occupancy housing consists of acquisition or rehabilitation of an existing residential structure or hotel, neither food preparation nor sanitary facilities are required to be in the unit, but if the units do not contain sanitary facilities, the building must contain sanitary facilities that are shared by tenants.
Single-family residential. An attached or detached residential building designed to accommodate one household/living unit on a single lot. A single-family residential development may be “attached” to another single-family residential development on an adjacent property as allowed by the Building Code.
Single-family residential with boarder or lodger. See “boarding and lodging” in this Section.
Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. “Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. Supportive housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning district.
Transitional housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use subject only to the same requirements as apply to other residential dwellings of the same type in the same zoning district.
18.206.070 Temporary Land Use Classifications
Temporary uses are short-term or temporary in nature that are classified separately for purposes of the land use regulations; provided, that the use does not exceed any time limits specified in the Temporary Use Permit as established in Chapter 18.160 (Use Permit, Temporary). If the event takes place partly or wholly on public property, see Chapter 6.20 (Special Event Permit) of this Title.
Agricultural sales. The seasonal sales of agricultural or horticultural products, including firewood.
Excludes Christmas tree and pumpkins sales, as defined in this Chapter.
Animal shows or sales. Exhibitions of domestic or large animals. This classification includes animal sales.
Arts and crafts shows, outdoor. Display and sale of painting, sculpture, hand crafts and similar objects.
Christmas tree sales. The seasonal display and sale of Christmas trees and Christmas wreaths.
Includes preparation of the site, fencing, trailers, tents, necessary storage, equipment, and related accessory services (i.e., netting, baling, flocking).
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Civic and community events. Special events open to the public.
Commercial filming, limited. Commercial motion picture or video photography at the same location.
Eating and drinking use. Serving of prepared food or beverages for consumption on or off the premises on a site that is not permanently occupied by, or related to, an existing legally established onsite, eating and drinking establishment.
Farmers’ market. Recurring sales of agricultural, horticultural, and other food products that are seasonal in nature.
Live entertainment event. A non-recurring concert, carnival, circus, fair, or similar event.
Personal property sales. Sales of personal property by a resident. This classification includes garage sales.
Pumpkin sales. The seasonal display and sale of pumpkins. Includes preparation of the site, fencing, trailers, tents, necessary storage, and equipment.
Real estate sales. An on-site office for the marketing, sales or rental of residential, commercial or industrial development. This classification includes “model homes.” Recreational events. Events featuring sports, exercise, physical play, or competitions.
Group assembly events. A non-recurring event intended for the meeting or assembly of a, group, club, or membership organization conducted on a site that is not permanently occupied by a place of assembly use.
Retail sales, outdoor. Retail sales of merchandise in an open or covered outdoor area on the site of a legally established retail business.
Street fair. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.
Swap meet. Retail sale or exchange of new, hand-crafted, or secondhand merchandise.
Trade fairs. Display and sale of goods or equipment related to a specific trade or industry.
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Chapter 18.215
Definitions
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Chapter 18.215 Definitions
Sections
18.215.010 “A” Definitions
18.215.020 “B” Definitions
18.215.030 “C” Definitions
18.215.040 “D” Definitions
18.215.050 “E” Definitions
18.215.060 “F” Definitions
18.215.070 “G” Definitions
18.215.080 “H” Definitions
18.215.090 “I” Definitions
18.215.100 “J” Definitions
18.215.110 “K” Definitions
18.215.120 “L” Definitions
18.215.130 “M” Definitions
18.215.140 “N” Definitions
18.215.150 “O” Definitions
18.215.160 “P” Definitions
18.215.170 “Q” Definitions
18.215.180 “R” Definitions
18.215.190 “S” Definitions
18.215.200 “T” Definitions
18.215.210 “U” Definitions
18.215.220 “V” Definitions
18.215.230 “W” Definitions
18.215.240 “X” Definitions
18.215.250 “Y” Definitions
18.215.260 “Z” Definitions
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18.215.010 “A” Definitions
Acre, gross. A measure of total land area of any lot including future streets, parks, and other land dedications.
Acre, net. The gross area of a lot excluding:
1. Land to be dedicated for required easements for vehicles and rights-of-way, either public or private;
2. Land determined to be hazardous and unbuildable; and/or
3. Land to be dedicated for schools and parks or other facilities dedicated for public use.
Active frontages. Building frontages with occupied spaces that encourage engagement between the building tenants and the public realm. Active frontages allow visual or physical access to the active uses within the building from streets, sidewalks, and paseos.
Affordable housing cost. The maximum cost to rent or purchase a house as defined in Section 50052.5 of the Health and Safety Code (Government Code Section 65915(d)(1).).
4. 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;
5. 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;
6. For low-income households whose gross incomes exceed the maximum income for very lowincome households and do not exceed 70 percent of the area median income adjusted for family size, the product of 30 percent times 70 percent of the area median income adjusted for family size appropriate for the unit. In addition, for any lower income household that has a gross income that equals or exceeds 70 percent of the area median income adjusted for family size, it shall be optional for any state or local funding agency to require that affordable housing cost not exceed 30 percent of the gross income of the household;