The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
LIGHTING FIXTURE DETAIL
2. Outdoor parking area lighting shall not employ a light source mounted higher than 24 feet above finished grade.
3. Outdoor parking area lighting shall be directed downward and shall not directly shine onto any adjacent street or property. Maximum illumination adjacent to any residential property line or R 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.
4. The maximum light intensity on a nonresidential site, except automobile, vehicle/equipment sales lots and automobile service stations, shall not exceed 10 footcandles, when measured at finished grade.
5. The maximum light intensity on automobile vehicle equipment sales lots and automobile service stations shall not exceed 30 footcandles, when measured at finished grade, unless a higher lighting intensity is approved through a conditional use permit. All luminaries mounted on the under surface of service station canopies shall be a full cutoff fixture.
6. Outdoor parking lot lighting for nonresidential uses shall be completely turned off or light levels dimmed to half, when the associated use is closed (post-curfew), of when the business is open (pre-curfew). If safety and security lighting is warranted, an occupancy sensing system will bring the system to sufficient brightness to meet the need, then reset to the lower level after a predetermined time. This approach is subject to approval by the zoning administrator.
C. Landscaping. Parking lots shall have a five-foot perimeter planting strip adjoining street property lines and interior property lines adjoining an R district or a different district from the subject property and, in addition, 10% of the parking lot area within the perimeter planting strips shall be devoted to planting areas distributed throughout the parking lot subject to the conditions listed below:
1. A parking structure of two or more above-ground levels having at-grade parking adjoining a street shall have a 10-foot planting area adjoining the street property line.
2. Where landscaped areas are provided, they shall be a minimum of three feet in width. Landscaped areas containing trees shall be a minimum of four feet in the narrowest dimension.
3. The end of each row of parking stalls shall be separated from driveways by a landscaped planter, sidewalk, or other means.
4. A minimum of one tree for every three spaces shall be distributed evenly throughout the parking lot.
5. If an automobile will extend over landscaping, the required planting area shall be increased two feet in depth by decreasing the length of the parking stall by two feet. If an automobile will overhang into both sides of an interior landscaped strip or well, the minimum inside curb-to-curb interior planter dimension shall be seven feet.
Item 10.3
City Council Meeting Agenda - Page 1689 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.55 OFF-STREET PARKING AND LOADING
REGULATIONS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
6. Landscaping shall be provided on the upper levels of a parking structure where the structure is visible from a public street, pedestrian pathway, or adjacent building. (Ord. 938 § 9, 2020; Ord. 906 § 13, 2016; Ord. 856 § 2 (Exh. A), 2011; Ord. 727 § 17, 1998; Ord. 710 § 35-17.26, 1996; 1991 code § 35-17.26)
18.55.150 Driveways, garages and carport design and location in R districts. [18.80.110] The following provisions apply to a driveway, garage, and carport in R districts, whether it is an accessory structure or part of a principal structure:
A. Driveway. A driveway shall be paved and shall have widths and clearances prescribed subject to the visibility requirements set forth in PHMC §§ 18.50.100 and 18.55.130. A new driveway shall not be placed on an arterial street unless other alternatives are unavailable.
B. Minimum dimensions for residential enclosed garage (inside dimensions). A new garage or alteration to an existing garage shall conform to the following minimum dimensions:
1. Single-car garage: 10 feet by 22 feet (nine-foot door opening).
2. Double-car garage: 20 feet by 22 feet (16-foot door opening).
No interior door shall open into a garage space unless the door will fully open 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 (See PHMC § 18.65.020).
C. Minimum dimensions for residential carport. Each single carport car parking area shall measure nine feet by 19 feet. The width of the carport is measured from the inside face of the support to the inside face of the opposite support. The carport roof shall cover the entire 19-foot length of the space.
D. Minimum setbacks for garages. Any garage structure with the garage door or driveway facing a property line shall be set back a minimum of 20 feet from that property line and/or from a private vehicular access easement. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-17.28, 1996; 1991 code § 35-17.28)
18.55.160 Additional design standards for parking lots and structures. [18.80.130] The zoning administrator may require a parking lot 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.
A. Sales, storage, etc. The parking area may not be used for auto sales, storage, repair work, dismantling, or outdoor open sales displays.
B. Drainage/stormwater runoff.
1. Parking lots shall comply with the city’s current national pollutant discharge elimination system (NPDES) permit requirements for the treatment of stormwater runoff. (See PHMC Chapter 15.05.)
2. Surface water shall be discharged to natural or engineered off-site drainage facilities and may not drain off or across public or private sidewalks, pedestrian walkways, or areas not designed as drainage facilities. All industrial uses shall be required to install oil/water separators and/or grease traps on storm drain inlets.
C. Surfacing. A driveway or parking area serving any residential development shall be surfaced with concrete or two inches of asphalt concrete over six inches of aggregate base or comparable concrete. Each driveway shall be graded and drained to dispose of all surface water as described in subsection B of this section to an approved drainage facility.
D. Optional double line striping. If it is deemed necessary by the zoning administrator, each parking space shall measure 8.5 feet from center to center, with double stripes two feet apart.
Item 10.3
City Council Meeting Agenda - Page 1690 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.55 OFF-STREET PARKING AND LOADING
REGULATIONS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024. (D) DOUBLE LINE STRIPING
E. Markings.
1. Each parking space and parking facility shall be identified by surface markings and shall be maintained in a manner so as to be readily visible and accessible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking, and storage of vehicles. Marking required to be maintained in a highly visible condition includes striping, directional arrows, lettering and field color on signs in handicapped-designated areas.
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.
3. Where the exit may not be clearly recognizable, directional signage must be provided. (Ord. 856 § 2 (Exh.
A), 2011; Ord. 710 § 35-17.30, 1996; 1991 code § 35-17.30)
18.55.170 Location and design of off-street loading spaces. [18.80.140] Required off-street loading spaces shall not be within a building, but shall be on the site of the use served or on an adjoining site. 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. A required loading space shall be accessible without backing a truck across a street property line unless the zoning administrator determines that provision of turnaround space is infeasible and approves alternative access. An occupied loading space shall not prevent access to a required off-street parking space. A loading area shall not be located in a required front or street side yard.
Except in a C or LI district, a loading area visible from a street shall be screened on three sides by a fence, wall, or hedge at least six feet in height. (Ord. 710 § 35-17.32, 1996; 1991 code § 35-17.32)
18.55.180 Parking reductions allowed within priority development and transit areas. [18.80.060] 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% reduction from the number of spaces required under Schedule 18.55.030A as determined by the zoning administrator. This parking reduction does not apply to single-family residential sites. (Ord. 856 § 2 (Exh. A), 2011)
18.55.190 Minor adjustments to parking design standards. [18.80.070] A. Adjustments subject to zoning administrator approval. The zoning administrator may approve an adjustment of up to 20% from the parking design standards in PHMC §§ 18.55.020.F and G, 18.55.040, and 18.55.070 through
18.55.170, and/or use of an alternative driveway surface material, by approval of a zoning permit.
B. Adjustments subject to planning commission approval. The planning commission may approve a use permit for adjustments of greater than 20% from the parking standards listed in subsection A of this section.
C. Findings required. Before approval of an adjustment, the zoning administrator or planning commission shall make the following findings:
Item 10.3
City Council Meeting Agenda - Page 1691 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.55 OFF-STREET PARKING AND LOADING
REGULATIONS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
1. The adjustment is consistent with the intent of the zoning ordinance;
2. The adjustment will not adversely affect adjacent properties;
3. The adjustment is necessary due to practical difficulties involved in the strict application of zoning ordinance standards; and
4. For an adjustment of 20% or more, the planning commission shall also make use permit findings under PHMC § 18.95.040. (Ord. 902 § 9, 2016; Ord. 856 § 2 (Exh. A), 2011) Item 10.3
City Council Meeting Agenda - Page 1692 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.60 SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.60 [18.95]
SIGNS
Sections:
18.60.010 Specific purposes. [18.95.010]
18.60.015 General provisions. [18.95.020]
18.60.020 Exempt signs. [18.95.040]
18.60.030 Permit required. [18.95.030]
18.60.040 Maximum sign area. [18.95.060]
18.60.050 Specific sign standards. [18.95.070]
18.60.055 Temporary freestanding sign standards. [18.95.090]
18.60.057 Standards for other types of temporary commercial signs. [18.95.100]
18.60.060 Prohibited signs. [18.95.050]
18.60.070 Maintenance – Abandoned or obsolete signs. [18.95.140]
18.60.080 Master sign program. [18.95.110]
18.60.090 Minor sign adjustments. [18.95.120]
18.60.100 Major sign adjustments. [18.95.130]
18.60.110 Sign design guidelines. [18.95.080]
18.60.120 Enforcement. [18.95.150]
18.60.010 Specific purposes. [18.95.010]
In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of sign regulations are to:
A. Provide each sign user an opportunity for effective identification by limiting the number and area of signs permitted on all sites.
B. Maintain and enhance the quality of the city’s appearance by limiting off-premises signs to avoid clutter.
C. Enable users of goods and services to readily identify establishments offering services to meet their needs.
D. Regulate the number and size of signs according to standards consistent with the types of establishments in each zoning district.
E. Protect residential districts adjoining nonresidential districts from adverse impacts from excessive signs.
F. Provide fair and equitable regulations throughout the community.
G. Provide substantial compliance with city-wide sign design guidelines.
H. Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads and highways.
I. Regulate signs in a manner so they do not physically interfere with or obstruct the vision of pedestrian or vehicular traffic.
J. 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.
K. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncommunicative aspects of signs.
L. Regulate signs in a constitutional manner, which is content-neutral as to noncommercial signs. (Ord. 870 § 2, 2012; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.1, 1996; 1991 code § 35-18.1) Item 10.3
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Chapter 18.60 SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
18.60.015 General provisions. [18.95.020]
A. Owner’s consent required. The consent of the property owner or person in control or possession of the real property is required before any sign may be placed on any private property in the city.
B. Noncommercial signs. A noncommercial sign is allowed wherever commercial signage is permitted, and is subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this chapter, all noncommercial speech messages are deemed to be “on site,” regardless of location.
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. When a noncommercial message is substituted, the sign is still subject to the same design, locational and structural regulations (color, materials, size, height, illumination, maintenance, duration of display, etc.), as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. (Ord. 870 § 3, 2012)
18.60.020 Exempt signs. [18.95.040]
The following signs are exempt from the regulations of this chapter unless approved as part of a master sign plan under PHMC § 18.60.080.
A. Address. Street address numbers, as required by the building code or local fire protection district.
B. Building sign. Names of building, date of erection, commemorative tablet and the like, when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent-type material and made an integral part of the structure. Such a sign may not exceed four square feet in area and may not be illuminated.
C. Construction sign. Construction sign with a maximum total size not exceeding 24 square feet per individual frontage for commercial, office and industrial districts and 12 square feet per frontage for R districts. No freestanding construction sign shall exceed five feet in height. Construction signs shall be removed within 30 working days following issuance of a certificate of occupancy.
D. Directional or informational sign. On-premises parking or other directional sign, not exceeding one double-faced sign and not exceeding four square feet in area and up to a height of 80 inches to the bottom of the sign face area and no taller than 104 inches to the tallest portion of the sign. Such a sign may not include advertising material.
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.
F. Flag. United States, state of California, or city government flags mounted or flown no higher than the maximum building height of that district.
G. Holiday decorations. Holiday decorations not advertising a product or sale, on display for a period 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.
H. Interior sign. Sign within a building three feet or more from a window.
I. Lottery sign. Sign for the California State Lottery, approved by the Lottery Commission for display by lottery game retailers.
J. Nameplate. Nameplate not over two square feet in area, displaying the name and profession of the occupant of the building and/or the address.
K. Occupant identification sign. Nonilluminated wall sign not over two square feet in area, displaying the name of the occupant or resident, or the address at the entrance of each business occupant space.
Item 10.3
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Chapter 18.60 SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
L. Personal property sales sign. Sign not exceeding six square feet and erected on private property for no more than three consecutive days six times per year.
M. (Not used.)
N. Product sign. Sign 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.
O. Public agency sign. A sign placed on its own property by a public agency.
P. Public interest sign. A sign erected by a public agency, including a public information, identification, or directional sign, the city’s information A-frame signs, and a banner sign erected on public property under the city banner policy.
Q. Public notice. Notice posted by a utility or other quasi-public agent in the performance of a public duty or by any person giving due legal notice.
R. Real estate sign.
1. One temporary on-site real estate sign not exceeding six square feet in R, HPUD, and residential areas of PUD and PPD districts or 32 square feet in other districts that advertises the sale, lease or rental of a structure or land. 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.
2. Up to 24 square feet of sign area for temporary on-site real estate signage shall be permitted during the construction and for the grand/initial opening of multifamily residential developments and single-family residential subdivisions containing three or more homes for sale.
3. Up to four off-site open house signs, each not exceeding four square feet in area and three feet in height, to be placed as necessary at street intersections leading to the open house, plus one on-site real estate company open house sign, are allowed only on the weekends or for the Contra Costa Association of Realtors-sponsored broker’s open house. Only one sign is allowed per intersection regardless of the number of open houses in the direction indicated by the sign. 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.
S. Recycling facility sign. Sign 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.
T. Service station sign. Gasoline service station fuel pump identification and/or price sign located on the pump top or pump face and not exceeding two square feet in area.
U. Small sign. On-premises signs, covering a total area of not more than two square feet, which do not include advertising material. Examples include signs for hours of operation, phone number, credit cards accepted, and trade associations.
V. 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.
W. Temporary signs, noncommercial. Signs that comply with PHMC § 18.60.055.
X. Vehicle or trailer sign. An identification sign painted on or affixed to a vehicle or trailer if all of the following apply:
1. The vehicle or trailer is legally parked within a single, delineated parking space; and Item 10.3
City Council Meeting Agenda - Page 1695 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.60 SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
2. The sign is incidental to the primary use of the vehicle or trailer. The following criteria may be used in determining whether the sign is indeed incidental to the primary use of the vehicle or trailer, in which case it may be exempt, or where the primary purpose of the sign is to advertise a product or business or direct people to a business or activity located on the same or other property, in which case it is prohibited:
a. Whether 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; b. Whether the vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable;
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;
d. Whether the vehicle or trailer is regularly parked in a location and in a manner so as to be observed by passersby;
e. Whether the vehicle or trailer is actively used as a vehicle in the daily function of the business to which such signs relate;
f. Whether 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
g. Whether the sign includes directional copy that would only be applicable if parked in the vicinity of the use.
It is not necessary that any one or all of the listed criteria be present in order to determine that a vehicle sign falls into the exempt or prohibited category; the criteria are intended to guide city staff toward making consistent determinations on the matter.
Y. Window signs. Window signs in a nonresidential zoning district if the total window area covered by signs (including exempt signs) is 30% or less of the window area. As used here, the “window area” means the window area of a single business, on each building elevation. Glass doors are excluded from the calculation of window area. (See subsection E of this section and PHMC § 18.60.050.H.) (Ord. 964 §§ 14, 15, 2023; Ord. 949 § 17, 2021; Ord. 879 § 2, 2014; Ord. 870 § 4, 2012; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.2, 1996; 1991 code § 35-18.2)
18.60.030 Permit required. [18.95.030]
A. General requirement. No sign shall be erected or displayed without a sign permit or temporary sign permit, unless the sign is exempt under PHMC § 18.60.020. (See PHMC Chapter 18.105.) 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: (1) the proposed sign would be located on a site with an existing sign violation; or (2) the approval of the sign permit or temporary sign permit would result in a violation of the sign regulations.
B. Sign permit for permanent sign. A sign permit is required for a permanent sign including the following types:
wall sign, freestanding sign, shingle sign, off-premises sign, multiple-story office sign, theater or cinema sign, and variations from an approved master sign program for individual signs. The application and approval procedures are set forth in PHMC Chapter 18.105.
C. Temporary sign permit. A temporary sign permit is required for a temporary commercial sign. The regulations for temporary freestanding commercial and noncommercial signs are set forth in PHMC § 18.60.055 and regulations for other signs are set forth in PHMC § 18.60.057. The application and approval procedures are set forth in PHMC Chapter 18.105. (Ord. 964 § 16, 2023; Ord. 949 § 18, 2021; Ord. 870 § 5, 2012; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.3, 1996; 1991 code § 35-18.3) Item 10.3
City Council Meeting Agenda - Page 1696 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.60 SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
18.60.040 Maximum sign area. [18.95.060]
A. Applicability. These maximum sign area regulations 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.
B. Maximum sign area. The maximum area for all wall signs and multiple-story office signs is based on the zoning district in which the sign is located, as follows:
Zoning District Maximum Sign Area
Residential
8 square feet per street frontage.
If a sign permit is approved, up to 32 square feet per street frontage is allowed as reasonable and necessary for identification of any of the following uses: Convalescent facility; cemetery; club and lodges; congregate care – general; cultural institution; day care – general; hospital; religious assembly; private school; or subdivision community identification.
NB, RB, PAO, C and LI 1 square foot for each linear foot of building frontage.
C. Calculating maximum sign area. In determining compliance with maximum sign area, the following general regulations apply:
1. Only one side of a building is 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: (a) the primary access to the tenant spaces is from a side facing an interior side lot line; and (b) the interior lot line is longer than the front lot line.
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.
3. No sign or sign area permitted 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 accord with a master sign plan prepared under PHMC § 18.60.080.
4. Sign area shall be computed by measuring the simplest geometric shape that will encompass the extreme limits of the sign. Negative space that is bounded by sign elements must be counted as sign area. For panel signs (see definition), the background area of the panel (surrounding the lettering) shall not be included in the calculation of sign area; provided, that the background of the panel does not contain text, is designed to complement the sign design and the building facade, is proportionate to the size of the sign lettering, and is compatible with the colors, materials and design of the sign. (Ord. 964 § 17, 2023; Ord. 949 § 19, 2021; Ord. 879 § 3, 2014; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.4, 1996; 1991 code § 35-18.4)
18.60.050 Specific sign standards. [18.95.070]
A. Freestanding signs. These regulations apply to a freestanding sign.
1. Maximum size of freestanding signs.
Zoning District Maximum Size
Residential
0.5 square foot for each lineal foot of street frontage up to a maximum of 16 square feet on one face or 32 square feet on two faces. A freestanding sign is only allowed for the uses listed in PHMC §
18.60.040.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 1 face or 64 square feet on 2 faces.
If the street frontage exceeds 250 feet, 1 additional freestanding sign is permitted, not to exceed 32 square feet on 1 face or 64 square feet on 2 faces.
PAO and LI
0.5 square foot for each lineal foot of street frontage up to a maximum of 16 square feet on 1 face or 32 square feet on 2 faces.
Item 10.3
City Council Meeting Agenda - Page 1697 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.60 SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
2. Other regulations. A freestanding sign may not:
a. Be closer than 30 feet to another freestanding sign or to a projecting sign; b. Be closer to an interior property line than one-half its height; 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;
d. Be placed outside of a landscaped area;
e. Exceed eight feet in height in a nonresidential zoning district or exceed six feet in height in a residential zoning district;
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.
B. Illumination – Movement. The following regulations apply to a sign which is illuminated or which moves.
1. No sign may have exposed fluorescent tubes or incandescent bulbs unless determined by the decision-making authority to be an enhancement to the design of the sign and complementary to the architecture of a building facade.
2. If a sign is indirectly illuminated, the lighting shall be white or amber colored.
3. A sign directly visible from an R district shall not be illuminated between 10:00 p.m. and 6:00 a.m., except during the hours the business is open.
4. No movement or apparent movement of, or in, a sign or change in intensity of sign illumination is permitted, except as permitted in this section.
a. Time or temperature signs are permitted, if otherwise consistent with the other provisions of this chapter.
b. Theater canopy signs are permitted, if otherwise consistent with the other provisions of this chapter. c. Electronic readerboard signs located inside a building and within three feet of a window are permitted if the total aggregate area of all electronic readerboard signs at any business location does not exceed two square feet.
5. No sign may have exposed fluorescent tubes or incandescent bulbs unless determined by the decision-making authority to be an enhancement to the design of the sign and complementary to the architecture of a building facade.
6. If a sign is indirectly illuminated, the lighting shall be white or amber colored.
7. A sign directly visible from a residential zoning district shall not be illuminated between 10:00 p.m. and 6:00 a.m., except during the hours the business is open.
C. Multiple-story office sign. An office building at least three stories in height may have a multiple-story office sign to identify the building if:
1. The sign is located below the top of the parapet at a height and scale architecturally in harmony with the building;
2. There is only one identification sign per building;
3. Only individual letters or a logo are used and there are no cabinet or can signs. If lighted, the letters must be internally illuminated;
Item 10.3
City Council Meeting Agenda - Page 1698 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.60 SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
4. The sign is not indirectly illuminated;
5. The sign complies with the maximum sign area set forth in PHMC § 18.60.040.
D. Off-premises signs. An outdoor advertising sign advertising a business, product or service not sold on the premises is not permitted, unless the sign:
1. Is needed to provide visibility of the business(es) from the nearest arterial or commercial collector street; and
2. Is not located in a residential district.
E. Projecting signs (also referred to as “shingle” or “blade” signs). A projecting sign shall:
1. Be set back at least five feet from an interior side property line, if applicable;
2. Not exceed four square feet in area;
3. Not be more than 20 feet or less than seven feet six inches above the surface over which it projects, or less than 14 feet above a vehicular passageway; and
4. Not project above an apparent eave or parapet, including the eave of a simulated mansard roof.
F. 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 feature.
G. Wall signs. A wall sign must comply with the maximum sign area requirements of PHMC § 18.60.040 and shall not:
1. Project above an eave or parapet, including the eave of a simulated mansard roof;
2. Project more than six inches from the face of the building; or
3. Include illumination between the hours of 10:00 p.m. and 6:00 a.m., except during the hours a business is open, when facing a residential zoning district as set forth in PHMC § 18.60.050.B.3.
The painting or decorating of a building in a manner designed to convey an advertising message to viewers is a wall sign subject to this chapter.
H. Window signs. Window signs are exempt from permit review, provided the following standards are met:
1. Window signs may cover up to 30% of the total window area for each building frontage (glass doors are not included in the calculation of total window area); and
2. The proposed signs are not located in a residential zoning district, nor directly facing a residential zoning district. (Ord. 964 §§ 18, 19, 2023; Ord. 949 § 20, 2021; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.6, 1996; 1991 code § 35-18.6)
18.60.055 Temporary freestanding sign standards. [18.95.090] A. General. Temporary freestanding signs are permitted as follows:
1. Commercial and industrial zoning districts (including neighborhood business, retail business, general commercial, professional and administrative office and limited industrial zoning districts). a. 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 PHMC § 18.60.057.B and C. b. Noncommercial signs. A temporary freestanding noncommercial sign is permitted if it complies with the standards in subsections B through D of this section. No temporary sign permit is required.
Item 10.3
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Chapter 18.60 SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
2. Residential zoning districts.
a. Commercial signs. No temporary freestanding commercial sign is permitted in a residential zoning district, except for an exempt real estate sign under PHMC § 18.60.020.R. b. Noncommercial signs. A temporary freestanding noncommercial sign is permitted if it complies with subsections B through D of this section. A temporary freestanding noncommercial sign may be displayed as a temporary freestanding sign or as a building wall or fence mounted banner. No temporary sign permit is required.
B. Size; aggregate area; distance; height; duration. Following are the allowable sign sizes, the aggregate area permitted, the distance between signs and sign display duration, for temporary freestanding noncommercial signs:
COMMERCIAL AND
INDUSTRIAL ZONING
DISTRICTS
RESIDENTIAL 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 double-sided) 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 See Section 18.60.050.A.2 See Section 18.60.050.A.2 See Section 18.60.050.A.2 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
1 – The aggregate sign area applies whether the signs are located on an individual parcel 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.
C. Location.
1. No attachment to utility or light pole, tree or other vegetation. A temporary freestanding noncommercial sign shall not be attached to a utility or light pole, tree or other vegetation, except that a temporary freestanding noncommercial sign may be displayed as a banner temporarily affixed to poles (other than utility poles or light poles) placed on private property solely for the purpose of displaying temporary signage or as a building wall mounted banner.
2. No obstruction. A temporary freestanding noncommercial sign shall not be placed at a location which obstructs or poses the threat of obstructing vehicular or pedestrian travel. The sign may not be located within areas regulated to preserve sight distance (see PHMC § 18.50.100).
Item 10.3
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Chapter 18.60 SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
3. Public right-of-way. A temporary freestanding noncommercial sign is not allowed in or over the public right-of-way (including public streets, alleys, sidewalks and unpaved areas). Except, in residential zone 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 yard; provided, that it does not block or impede public or vehicular access, parking, sight distance, utility access or disabled access, and does not otherwise create a hazard or public nuisance.
D. Lighting. Temporary freestanding noncommercial signs shall not be lighted. (Ord. 879 § 4, 2014; Ord. 870 § 6, 2012)
18.60.057 Standards for other types of temporary commercial signs. [18.95.100] A temporary sign permit may be issued subject to these regulations:
A. Temporary wall signs.
1. The temporary wall sign area shall not exceed a maximum of 25 square feet. However, for a property with a building frontage in excess of 100 lineal feet, the maximum temporary wall sign area allowed is at the discretion of the zoning administrator, not to exceed the maximum allowed under PHMC § 18.60.040;
2. The temporary wall sign width shall not exceed two-thirds of the width of the storefront;
3. No more than two temporary wall signs shall be displayed at any one time, and they shall not face in the same direction;
4. The temporary wall sign shall be securely attached to a building wall, fascia, or window;
5. The temporary sign permit may be valid for no more than 20 days, six times each calendar year; and
6. The temporary sign is necessary to:
a. Advertise a special event, promotion, sale, or other temporary activity; b. Maintain identity while a sign permit application is pending and until a permanent sign is erected; c. Warn of a temporary, dangerous condition; or
d. Advertise a temporary use permitted by a temporary use permit.
B. Temporary portable freestanding signs. A temporary portable freestanding sign (“A-frame,” “H-frame,” or similar sign):
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.
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).
3. May not be located within areas regulated to preserve sight distance (see PHMC § 18.50.100).
4. May be approved for display with a temporary sign permit for no more than 20 days, up to six times each calendar year.
C. Temporary signs, other.
1. A temporary sign permit may be issued for a flashing sign, searchlight, flag, pennant, streamer, spinner, air blown or similar device. For these types of signs, the temporary permit may be issued for no more than seven days, six times per year; and
Item 10.3
City Council Meeting Agenda - Page 1701 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.60 SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
2. For window signs, see PHMC § 18.60.050.H. (Ord. 879 § 5, 2014; Ord. 870 § 7, 2012; Ord. 854 § 2, 2011.
Formerly 18.60.055)
18.60.060 Prohibited signs. [18.95.050]
Unless otherwise exempt, the following types of signs and locations of signs are prohibited:
A. A sign in a required building yard setback adjoining a street property line in violation of PHMC § 18.55.130, Driveways – Visibility.
B. A sign with lighting, colors, design or text that could be confused with a public traffic directional sign or control device.
C. A sign which includes obscene matter in violation of California Penal Code section 311 et seq.
D. An exterior sign made of materials which are impermanent and will not stand exposure to weather, unless it is a temporary sign.
E. A roof sign.
F. Outdoor advertising structure sign and/or sign located within a public right-of-way except: (1) when associated with a city-approved bus shelter or bench; or (2) if located within the Downtown Specific Plan area and approved by the city engineer.
G. A sign placed on, painted, or affixed to a vehicle or trailer which is parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way, if the apparent purpose is to advertise a product or business, or direct people to a business or activity located on the same or other property. (See PHMC §
18.60.020.X.)
H. Electronic readerboard sign 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.
I. Balloon or similar inflated sign, except with a temporary sign permit under PHMC § 18.60.057.C.1.
J. A sign advertising tobacco products which is prohibited under PHMC § 9.45.230.
K. Commercial signs that are animated and/or moving, including mechanically or human powered or held signs within the public right-of-way, and any mechanically powered animated and/or moving commercial sign on private property, except as permitted in PHMC § 18.60.050.B, given that the movement associated with such signs is particularly distracting to motorists and thus, poses traffic safety hazards. (Ord. 879 § 6, 2014; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.8, 1996; 1991 code § 35-18.8)
18.60.070 Maintenance – Abandoned or obsolete signs. [18.95.140] A. Maintenance. Each sign shall be: (1) maintained in a secure and safe condition; (2) maintained in good repair; and (3) cleaned, painted and replaced as necessary to present a neat appearance. If the city determines that a sign is not secure, safe, or in a good state of repair, it shall give written notice of this fact to the person responsible for the sign. If the defect is not corrected within the time permitted by the city, the city may revoke the permit to maintain the sign and may remove the sign pursuant to the public nuisance abatement provisions of PHMC Chapter 7.05.
B. Abandoned or obsolete sign. An on-premises sign advertising an activity, business, service or product shall be removed within 45 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 PHMC 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 days after the business is no longer in operation. (Ord. 879 § 7, 2014; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.10, 1996; 1991 code § 35-18.10)
Item 10.3
City Council Meeting Agenda - Page 1702 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.60 SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
18.60.080 Master sign program. [18.95.110]
A. Requirement. After July 1, 1998, a site having more than four nonresidential tenants or proposing a renovation of more than 5,000 square feet must have a master sign program. The master sign program must be approved by the architectural review commission before issuance of any occupancy permit and before any permanent sign is placed or modified.
The owner of an existing development or a site may submit a master sign program to be reviewed and approved by the architectural review commission.
B. Variations. A master sign program may include certain variations from the standards of this section subject to the following:
1. The master sign program must conform to the maximum sign area requirements of PHMC § 18.60.040.
However, the architectural review commission may allow an increase in 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% of the area allowed for a particular frontage or tenant;
2. The master sign program may allow more than one freestanding sign per parcel;
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 premises. (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 be limited to locations that would not impair or obstruct public access, disabled access, parking, loading, and/or required intersection or driveway visibility. They may not be permanently attached to the ground or any other fence, wall or structure. The design, size, location, number, and spacing of such signs are subject to architectural review commission approval.
4. The master sign program may include more restrictive requirements, including methods of measurement, than prescribed by this chapter. If the master sign program has more restrictive requirements than this chapter, the master sign program shall be controlling. (Ord. 949 § 21, 2021; Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.12, 1996; 1991 code § 35-18.12)
18.60.090 Minor sign adjustments. [18.95.120]
A. The architectural review commission may approve minor adjustments involving not more than a 20% 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.
B. Before approval of a minor adjustment, the architectural review commission must find that the adjustment:
1. Is consistent with the intent of the specific purposes noted in PHMC § 18.60.010;
2. Will not adversely affect adjacent properties or tenants; and
3. Is necessary due to practical difficulties involved in the strict application of zoning ordinance standards to the project site or would result in a superior, more creative design. (Ord. 854 § 2, 2011)
18.60.100 Major sign adjustments. [18.95.130]
A. The planning commission may approve major adjustments involving more than a 20% change from any provision of this chapter through approval of a use permit.
B. Before approval of a use permit for a major sign adjustment, the planning commission must make the following findings (in addition to the findings required by PHMC Chapter 18.95 for use permit approval):
1. The adjustment is consistent with the intent of the specific purposes noted in PHMC § 18.60.010;
2. The adjustment will not adversely affect adjacent properties or tenants; and Item 10.3
City Council Meeting Agenda - Page 1703 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.60 SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
3. The adjustment is necessary due to practical difficulties involved in the strict application of zoning ordinance standards to the project site or would result in a superior, more creative design. (Ord. 854 § 2, 2011)
18.60.110 Sign design guidelines. [18.95.080]
In reviewing sign applications, the architectural review commission shall ensure that all signs are in substantial compliance with the city-wide sign design guidelines. (Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.14, 1996; 1991 code § 35-18.14. Formerly 18.60.090)
18.60.120 Enforcement. [18.95.150]
A. Illegal sign. An illegal sign is any sign in violation of this chapter including, but not limited to, the following:
1. A sign erected or displayed without a sign permit, unless the sign is exempt under PHMC § 18.60.020;
2. A sign which is prohibited under PHMC § 18.60.060;
3. A sign which is a danger to the public or which is unsafe;
4. A sign which is not properly maintained, under PHMC § 18.60.070; or
5. A sign which is abandoned or obsolete under PHMC § 18.60.070.
B. Abatement. An illegal sign violates this zoning ordinance and is a public nuisance. It may be abated in accordance with any enforcement procedure set forth in PHMC Chapter 18.135, or the public nuisance abatement procedures set forth in PHMC Chapter 7.05, and the cost of abatement is the responsibility of the owner. Each person who erects or maintains a sign which is subject to removal is jointly and severally liable for the cost of removal.
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.
C. Summary abatement. An illegal sign on public property may be summarily removed without prior notice. (Ord. 854 § 2, 2011; Ord. 738 § 1 (Exh. A), 1999; Ord. 710 § 35-18.16, 1996; 1991 code § 35-18.16. Formerly 18.60.100) Item 10.3
City Council Meeting Agenda - Page 1704 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.65 NONCONFORMING USES,
STRUCTURES, AND SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.65 [18.200]
NONCONFORMING USES, STRUCTURES, AND SIGNS
Sections:
18.65.010 Purpose. [18.200.010]
18.65.020 Nonconforming uses. [18.200.050]
18.65.030 Nonconforming structures. [18.200.040]
18.65.040 Nonconforming signs. [18.200.060]
18.65.010 Purpose. [18.200.010]
The purpose of this chapter is to limit the number and extent of nonconforming uses, structures and signs by prohibiting expansion or enlargement, or reestablishment after abandonment or destruction. (Ord. 710 § 35-19.1, 1996; 1991 code § 35-19.1)
18.65.020 Nonconforming uses. [18.200.050]
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 district in which it is located is not deemed a nonconforming use solely because of these nonconformities.
B. General regulations. The following regulations apply to each nonconforming use:
1. There may be no increase or enlargement of the area, space or volume occupied and used.
2. There may be no change in the nature or character of the nonconforming use.
3. If the nonconforming use is replaced by a conforming use, the nonconforming use is automatically terminated.
4. If the nonconforming use discontinues active operation for a continuous period of 180 days, the nonconforming use terminates and the facilities accommodating or serving such activity shall thereafter be utilized only for uses permitted or conditionally permitted by the zoning district. This provision does not apply to a nonconforming dwelling unit.
C. Modification of general regulations. The regulations in subsection B of this section may be modified upon the issuance of a conditional use permit under PHMC Chapter 18.95, if the modification will result in the elimination or substantial reduction of the nonconformity.
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 PHMC § 18.65.030.C.
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:
1. The use is exercised so as to be detrimental to the public health or safety, or so as to be a public nuisance.
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.
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. (Ord. 710 § 35-19.2, 1996; 1991 code § 35-19.2)
Item 10.3
City Council Meeting Agenda - Page 1705 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.65 NONCONFORMING USES,
STRUCTURES, AND SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
18.65.030 Nonconforming structures. [18.200.040]
A. Continuation and maintenance. A structure that was lawfully erected but which does not conform with the currently applicable requirements and standards for yard spaces, height of structure, or distance between structures prescribed in the district regulations 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 Uniform Building Code, Section 104(c) and PHMC § 18.20.040.D.
B. General regulations. The following regulations apply to each nonconforming structure:
1. Routine maintenance and repairs may be performed on a nonconforming structure.
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 district in which the structure is located.
3. An applicant for a zoning permit in a nonresidential district for occupancy of a site or structure that is nonconforming due to lack of one of the following: screening of mechanical equipment; required walls or fences to screen parking; required paving for driveways; or required planting areas; shall present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five years. The zoning administrator may require that priority be given to elimination of nonconformities that have a significant adverse impact on surrounding properties, and shall not require a commitment to remove nonconformities that have a minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures.
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% 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.
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%, the structure shall not be restored except in full conformity with the regulations for the district in which it is located. However, a residential structure in an residential zoning district that does not conform to yard setbacks, height, or number of stories, or a residential garage that does not conform to the minimum dimensional limits may be reconstructed with the same floor area, provided there is no increase in any nonconformity, and upon issuance of a use permit by the zoning administrator.
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 chief building official.
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 under PHMC § 18.50.150.A 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 under this section.
5. Notwithstanding the requirements of PHMC § 18.20.050, 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 under this section (refers to the nonconforming structure provisions of the zoning ordinance) 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.
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 Item 10.3
City Council Meeting Agenda - Page 1706 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.65 NONCONFORMING USES,
STRUCTURES, AND SIGNS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024. 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 under this section. (Ord. 964 § 20, 2023; Ord. 949 § 22, 2021; Ord. 867 § 11, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 844 § 6, 2010; Ord. 710 § 35-19.4, 1996; 1991 code § 35-19.4)
18.65.040 Nonconforming signs. [18.200.060]
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.
B. General regulations. The following regulations apply to each nonconforming sign:
1. No nonconforming sign shall be moved or enlarged unless the new location or enlargement conforms to the regulations for the district in which the sign is located.
2. A nonconforming sign that has been more than 50% destroyed shall be removed. A nonconforming sign that has been less than 50% destroyed, as determined by the chief building official (and the destruction is other than facial copy replacement), may be restored if construction begins within 90 days. If construction does not begin within 90 days, the owner shall remove the sign.
3. An owner of a nonconforming sign is required to make the sign conform to the requirements of this chapter if the owner proposes:
a. To alter the sign, other than a change in sign copy; or 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% of the replacement cost of the sign, as determined by the chief building official. (Ord. 710 § 35-19.6, 1996; 1991 code § 35-19.6)
Item 10.3
City Council Meeting Agenda - Page 1707 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.67 WIRELESS TELECOMMUNICATIONS
FACILITIES
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.67 [18.110]
WIRELESS TELECOMMUNICATIONS FACILITIES
Sections:
Article I. Purpose and Definitions
18.67.010 Purpose. [18.110.010]
18.67.020 Definitions. [18.215]
Article II. General Regulations
18.67.110 Exemptions. [18.110.080]
18.67.120 Permits required. [18.110.030]
18.67.130 Application submittal requirements. [18.110.040]
18.67.140 Findings. [18.110.050]
18.67.150 General development standards. [18.110.060]
18.67.160 Exceptions. [18.110.080]
18.67.170 Standard conditions of approval. [18.110.090] Article III. 6409(a) Modifications
18.67.210 Required findings. [18.110.050]
18.67.220 Effect on existing use permit. [18.110.100]
18.67.230 Conditions of approval for Section 6409(a) modifications. [18.110.100]
18.67.240 Effect of repeal of Section 6409(a). [18.110.100] Article IV. Process
18.67.310 Timing of review. [18.110.110]
18.67.320 Peer review. [18.110.120]
18.67.330 Decision. [18.110.130]
18.67.340 Denial without prejudice due to failure to respond to notice(s) of incompleteness. [18.110.130]
18.67.350 Nonconforming facilities. [18.110.070]
18.67.360 Revocation. [18.110.140]
18.67.370 Appeal. [18.110.150]
Article I. Purpose and Definitions
18.67.010 Purpose. [18.110.010]
The purpose of this chapter is to establish a comprehensive set of zoning requirements 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. At the same time, these regulations are intended to protect neighbors from potential adverse impacts of such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the city has purview, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)
18.67.020 Definitions. [18.215] In this chapter, the following definitions apply:
Antenna, amateur radio means a ground, building, or tower-mounted antenna, or similar antenna structure, operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, and as designated by the Federal Communications Commission (FCC).
Antenna has the meaning set forth in PHMC § 18.140.010.
Item 10.3
City Council Meeting Agenda - Page 1708 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.67 WIRELESS TELECOMMUNICATIONS
FACILITIES
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Base station has the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as may be amended, which defines that term as follows:
A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless telecommunications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.6100(b) or any equipment associated with a tower.
1. The term includes, but is not limited to, equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
3. The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
4. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition.
Collocation has the same meaning as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended, which defines that term as: (1) mounting or installing an antenna facility on a preexisting structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Notwithstanding the foregoing, for Section 6409(a) modifications only, “collocation” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(2), as may be amended, which defines that term as “[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.”
Distributed antenna system or DAS means a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas, multifamily housing or convention centers which provide access and signal transfer for personal wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a “hub” or “hotel” where the DAS network is interconnected with one or more wireless service provider’s facilities to provide the signal transfer services.
Eligible support structure has the same meaning as provided in 47 C.F.R. § 1.6100(b)(4), as may be amended, which defines that term as “[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section.” Enclosure building, shed, or shelter means a building, shed, fence, or other enclosure used to house ground-mounted equipment or ground-mounted equipment cabinets associated with a wireless telecommunications facility.
Equipment cabinet means a cabinet used to house equipment associated with a wireless telecommunications facility.
Existing has the same meaning as provided in 47 C.F.R. § 1.6100(b)(5), as may be amended, which provides that “[a] constructed tower or base station is existing for purposes of [the FCC’s Section 6409(a) regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.” Federal Communications Commission (“FCC”) is an independent United States government agency responsible for the regulation of interstate and international communications by radio, television, wire, satellite, and cable.
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The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Height of a wireless telecommunications facility means the vertical distance measured from the natural undisturbed ground surface below the center of the base of said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or appurtenance attached thereto. In the case of building-mounted facilities the height of the facility includes the height of the portion of the building on which it is mounted. In the case of crank-up or other similar towers whose height can be adjusted, the height of the facility shall be the maximum height to which it is capable of being raised.
Monopole means a single freestanding pole, post, or similar nonlattice structure used to support antennas and equipment associated with a wireless telecommunications facility.
Personal wireless services has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as “commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.”
Public property is commonly used as a designation of those things which are considered owned by “the public,” the state or community, and not restricted to dominion of a private person. It may also apply to any property owned by a state, nation, or municipality.
Public right-of-way means and includes all land or interest in land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for road or highway purposes.
Public safety facilities means facilities used only for public safety functions and owned or operated by governmental entities such as police, fire and emergency operations.
Radio frequency (“RF”) is a rate of oscillation, which corresponds to the frequency of radio waves, and the alternating currents which carry radio frequency, electromagnetic, or other wireless signals.
Related equipment means all equipment ancillary to the antenna used for transmission and reception of radio frequency, electromagnetic, or other wireless signals. Such equipment may include, but is not limited to, cable, conduit and connectors.
Roof-mounted or building-mounted antenna means an antenna directly attached or affixed to the roof of, on the facade, or elsewhere on a preexisting building, tank or similar structure other than a purpose-built wireless tower.
Section 6409(a) modification has the same meaning as an “eligible facilities request” provided in 47 C.F.R. §
1.6100(b)(3), as may be amended, which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment.”
Site has the same meaning as provided in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that “[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the section 6409(a) process.”
Small wireless facility has the same meaning as provided in 47 C.F.R. § 1.6002(l), as may be amended, which defines that term as facilities that meet each of the following conditions:
1. The facilities:
a. Are mounted on structures 50 feet or less in height including their antennas as defined in 47 C.F.R. §
1.1320(d); or
Item 10.3
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The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024. b. Are mounted on structures no more than 10% taller than other adjacent structures; or c. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
4. The facilities do not require antenna structure registration under part 17 of this chapter;
5. The facilities are not located on tribal lands, as defined under 36 C.F.R. § 800.16(x); and
6. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in § 1.1307(b).
Stealth facility means any wireless telecommunications facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make the facility look like something other than a wireless tower or base station. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural or built environment rather than as a wireless telecommunications facility.
Substantial change has the same meaning as provided in 47 C.F.R. § 1.46100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:
(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
(A) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
(ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The Item 10.3
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The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024. site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
(v) It would defeat the concealment elements of the eligible support structure; or (vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in § 1.6100(b)(7)(i) through (iv).
Tower has the same meaning as provided in 47 C.F.R. § 1.6100(b)(9), as may be amended, which defines that term as “[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.” Examples include, but are not limited to, monopoles, mono-trees and lattice towers. This definition does not include utility poles.
Transmission equipment has the same meaning as provided in 47 C.F.R. § 1.6100(b)(8), as may be amended, which defines that term as “[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless telecommunications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless telecommunications services including, but not limited to, private, broadcast, public safety services, as well as fixed wireless services, such as microwave backhaul.”
Utility pole means any structure designed to support electric, telephone, and similar utility lines. A tower is not a utility pole.
Wireless telecommunications facility or facility means an unstaffed facility at a fixed location, generally consisting of antennas, an equipment cabinet or enclosure building, shed, or shelter, and related equipment, which receives and/or transmits radio frequency, electromagnetic, or other wireless signals for the purpose of transmitting voice or data. (Ord. 966 § 3, 2023; Ord. 928 § 10, 2019; Ord. 910 § 5, 2017) Article II. General Regulations
18.67.110 Exemptions. [18.110.080]
The requirements of this chapter do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the Pleasant Hill Municipal Code to the extent not specially exempted in this section, including but not limited to the adopted uniform codes, including: Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code.
A. Over-the-air-reception-devices (OTARD) antennas.
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 (or diagonal measurement) and either: (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and
2. Non-satellite dishes 39.37 inches (one meter) or less. A dish antenna 39.37 inches or less in diameter or diagonal measurement and (a) intended for the sole use of a person occupying the same parcel 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 (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services.
Item 10.3
City Council Meeting Agenda - Page 1712 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
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The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
3. Television broadcast system (TVBS) antennas, provided: (a) the antenna is located entirely on and/or above the subject property, and (b) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.
B. Satellite earth station (SES) antennas. Satellite earth station (SES) antennas measuring two meters or less in diameter (or diagonal measurement) located on a property within any commercial or industrial zoning district, provided: (1) the antenna is located entirely on and/or above the subject property; and (2) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. All SES antennas require a building permit and zoning permit for review of placement to ensure that maximum safety is maintained.
C. Amateur radio antennas. Antennas and antenna structures constructed by or for FCC-licensed amateur radio operators that comply with the following provisions. Such an antenna or antenna structure requires a building permit and zoning permit for review of placement to ensure that maximum safety is maintained:
1. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width;
2. The antenna boom measures 20 feet or less in length and is three inches or less in diameter;
3. No antenna element exceeds 32 feet in length or two inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six inches in diameter or width;
4. The turning radius of any antenna does not exceed 26 feet; and
5. All antennas and antenna structures shall comply with PHMC § 18.67.150, and other applicable provisions of the municipal code.
D. 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.
E. Temporary mobile facilities. Mobile facilities placed on a site for less than seven consecutive days, provided any other necessary permits are obtained.
F. Collocation facilities. A proposed collocation facility that meets all of the requirements of California Government Code section 65850.6.
G. 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. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)
18.67.120 Permits required. [18.110.030]
A person who proposes to install or operate a wireless telecommunications facility shall first obtain approval, as set forth in subsection A of this section (if the facility would be located in public right-of-way) or as set forth in subsection B of this section (if the facility would be located on private or public property), unless the facility is exempt under PHMC § 18.67.110 (Exemptions).
A. Public right-of-way.
1. Encroachment permit. An encroachment permit shall be required for any facility located within the public right-of-way other than a Section 6409(a) modification. Applications for facilities within the public right-of-way are subject to review and approval by the city engineer. Approval of an encroachment permit for a facility shall only be granted by the city engineer if the facility is in substantial conformance with the applicable general development standards in PHMC § 18.67.150 and the “Guidelines for Wireless Communications Facilities” within the public right-of-way. Exceptions or deviations from the guidelines may Item 10.3
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The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024. be granted at the discretion of the city engineer if the applicant demonstrates that the findings for approval of an exception/deviation (PHMC § 18.67.160) have been satisfied.
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.
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.
4. Cost recovery. The processing of an encroachment permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for city staff time processing the permit.
5. Building permit. A building permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted.
6. Encroachment permit for construction. An encroachment permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property.
B. Private property and public property (excluding public right-of-way).
1. Architectural review permit. An architectural review permit under PHMC Chapter 18.115 is required for the following facilities:
a. A monopole or any other antenna structure constructed by or for an FCC-licensed 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).
b. A wireless telecommunications facility other than a Section 6409(a) modification, or an application for a small wireless facility collocation.
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 or designee shall administratively review, process, conditionally approve or deny an application for a minor use permit in accordance with the procedures set forth in PHMC Chapter 18.95. No public hearing shall be required for a minor use permit required by this chapter.
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.
4. Use permit. A use permit issued in accordance with the procedures set forth in PHMC Chapter 18.95 is required for the installation of:
a. An amateur radio antenna that does not meet the standards of PHMC § 18.67.110.C or which, when fully extended, exceeds 60 feet in height.
b. Any wireless telecommunications facility, monopole or any other antenna structure constructed by or for a personal wireless services provider, not covered by subsection A or B.2 or B.3 of this section.
5. Building permit. A building permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted.
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.
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.
Item 10.3
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The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
C. Temporary use permit. A temporary use permit issued in accordance with the procedures set forth in PHMC Chapter 18.100 is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code section 8558 requiring additional service capabilities for a period not to exceed 90 consecutive days. (Ord. 966 § 3, 2023; Ord. 928 § 11, 2019; Ord. 910 § 5, 2017)
18.67.130 Application submittal requirements. [18.110.040] An applicant seeking approval for a wireless telecommunications facility or a modification to a preexisting wireless telecommunications facility pursuant to this chapter shall complete and submit an application to the planning division for review and processing, upon the form published by the city planner, which may be updated from time to time. (Ord. 966 § 3, 2023; Ord. 934 § 9, 2019; Ord. 910 § 5, 2017)
18.67.140 Findings. [18.110.050]
The hearing body or individual considering a zoning permit, an architectural review permit, a use permit, or a minor use permit may approve the permit only upon making the finding, in addition to the findings which may be otherwise required for the particular permit, that each applicable requirement in this chapter has been satisfied, or to the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested an exception pursuant to PHMC § 18.67.160 and the findings for granting an exception can be made. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)
18.67.150 General development standards. [18.110.060]
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. Wireless telecommunication facilities approved under a zoning permit for a Section 6409(a) modification shall only be required to comply with the development standards in subsections A.1.b, 2.h, 3, 6, 9, and 10 of this section. Wireless telecommunication facilities located in the public right-of-way and approved under an encroachment permit by the city engineer shall only be required to comply with the development standards in subsections A.1.b, 2.h, 3, 6, 9, and 10 of this section in addition to the requirements of PHMC § 18.67.120.A.
1. Location requirements.
a. Zoning districts. See Schedules 18.20.020 and 18.25.020. Not more than one monopole or any other antenna structure is permitted on any parcel in a residential zoning district. A wireless telecommunications facility may also be located 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 specific plan. b. Airport safety zones. A wireless telecommunications facility shall not be installed within safety zones 2, 3, or 4 for Buchanan Field 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 (the safety zones for Buchanan Field are identified in the Pleasant Hill general plan). 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. d. Visibility from public places. A wireless telecommunications facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to blend in with the existing natural and/or manmade environment in such a manner as to be effectively unnoticeable.
The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator’s communication needs.
The city shall retain the authority to limit the number of antennas and related equipment at any site in order to minimize potential visual impacts.
Item 10.3
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The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024. e. Setbacks. A wireless telecommunications facility and any related ground-mounted equipment shall not be located in the front or street side yard of any parcel, or within 200 feet of a parcel having 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.
2. Screening and design requirements.
a. Antennas. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts. 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.
c. Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and nonreflective material.
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 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.
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 of attic spaces, steeples, cupolas, towers, below parapets or concealed in architectural features. f. Exterior lighting. Exterior lighting is limited to:
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 ii. Other lights required by the FAA for communications facilities within Airport Safety Zones 2, 3 and
4. g. Standards for wall- and building-mounted facilities. 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. ii. Wall-mounted antennas. Wall-mounted antennas shall be architecturally integrated into the building design. Wall-mounted antennas shall not exceed a total of 50 square feet per building face. h. Unauthorized access. All facilities shall be designed so as 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.
3. Noise standards. Each facility shall be operated in such a manner so as 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.
Item 10.3
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The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
4. 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.
5. Undergrounding. Extensions of electrical and telecommunications land lines to serve wireless telecommunications facilities shall be undergrounded.
6. Signs. Wireless telecommunications facilities shall include the installation of all-weather 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.
7. 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.
8. Landscaping and tree preservation.
a. Landscape plan. Any existing trees or significant vegetation shall be retained as part of an approved landscape plan for the project.
b. Protection. Prior to commencement of work, existing trees in the vicinity of the facility and along any access roads and trenching areas shall be protected from damage with temporary construction fencing or other methods approved by the zoning administrator. Grading, cutting or filling is prohibited in the dripline of any tree required to be preserved. Underground lines shall be located so as to minimize damage to tree roots.
c. Restoration. All areas disturbed during project construction shall be revegetated with similar plant material before issuance of a certificate of occupancy.
9. Compliance with laws. All wireless telecommunications facilities shall comply with the applicable provisions of this section and 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 Federal Communications Commission, California Public Utilities Commission, 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 days of the effective date of such standards, unless the federal or state agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the zoning administrator or other applicable city decision-making body. Failure to comply with adopted new state or federal requirements shall be grounds for permit revocation.
10. 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 the public health. To that end, 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. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the city to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city.
11. Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security approved in advance by the city for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless telecommunications facility and restoring the site to the condition as it existed prior to the original deployment of the facility and all related facilities and equipment on the site, based on the higher of two contractors’ quotes for removal that are Item 10.3
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FACILITIES
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024. 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.
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 be the minimum height and size necessary to reasonably accommodate the operator’s communication needs, in accordance with FCC regulations as set forth in FCC Order “PRB-1.” Retractable monopoles may be required for antenna structures over 35 feet in height which are in or within 200 feet of a parcel having a residential use. The city may require that, at times when not in operation, the monopole be retracted to the lowest elevation possible in order to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping and/or any other site improvements. (Ord. 966 § 3, 2023; Ord. 928 § 12, 2019; Ord. 910 § 5, 2017)
18.67.160 Exceptions. [18.110.080]
A. The city engineer, zoning administrator and/or the hearing body considering the application may grant exceptions to the design and location standards for wireless communications facilities subject to this chapter, if it is determined that the applicant has established that denial of an application or strict adherence to the location and design standards would:
1. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or
2. Otherwise violate applicable laws or regulations; or
3. Require a technically infeasible location, design or installation of a wireless facility;
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.
B. If the applicant requests an exception and the city engineer, zoning administrator and/or the hearing body considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance. (Ord. 966 § 3, 2023; Ord. 928 § 13, 2019; Ord. 910 § 5, 2017)
18.67.170 Standard conditions of approval. [18.110.090] All permits issued in accordance with this chapter, whether approved by the city engineer, zoning administrator and/or the hearing body considering the application or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The city engineer, zoning administrator and/or the hearing body considering the application shall have discretion to modify, supplement, waive or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this chapter.
A. Permit term. Any permit for a wireless facility issued in accordance with this chapter will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, except when California Government Code section 65964(b), as may be amended, authorizes the city to issue a permit with a shorter term.
B. Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.
C. Inspections – Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The 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.
D. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Item 10.3
City Council Meeting Agenda - Page 1718 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.67 WIRELESS TELECOMMUNICATIONS
FACILITIES
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024. 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.
E. Indemnities. 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 of Pleasant Hill, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, 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 (2) from 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, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors or independent contractors. Further, 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. In the event the city becomes aware of any such actions or claims 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.
F. Adverse impacts on adjacent properties. 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.
G. General maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
H. Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the city.
I. RF exposure compliance. All facilities must 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 prior to unattended operations of the wireless telecommunications facility, permittee or its representative must provide the city documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.
J. Build-out period. This permit shall lapse one year after its date of approval unless one of the following has occurred:
1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
2. A certificate of occupancy has been issued; or
3. The facility is constructed or modified as approved and in operation; or
4. The build-out period is extended by the city authority which originally approved the permit.
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.
Item 10.3
City Council Meeting Agenda - Page 1719 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.67 WIRELESS TELECOMMUNICATIONS
FACILITIES
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
M. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground.
N. Encroachment. Permittee must 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:
1. 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.
2. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project.
3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles.
4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.
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.
6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.
7. The contractor shall obtain approval in writing from the city engineer prior to commencing work in the public right-of-way on weekends or holidays.
8. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards.
9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.
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.
P. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter.
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.
R. Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless telecommunications facility and all related facilities and equipment on the site, based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the Item 10.3
City Council Meeting Agenda - Page 1720 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.67 WIRELESS TELECOMMUNICATIONS
FACILITIES
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024. 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.
S. Conflicts with improvements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment or width of any public right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way.
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, prior to disabling or removing wireless telecommunications facility elements.
U. Encourage collocation. Where the wireless telecommunications facility site is capable of accommodating 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.
V. Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the permittee shall promptly provide the zoning administrator or city engineer as applicable with a copy of any notice of such violation issued by any federal agency and shall notify the zoning administrator or city engineer as applicable once the facility comes back into compliance with applicable standards.
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 public works and planning development department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on 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.
X. Compliance verification. No later than one year 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 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. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) Article III. 6409(a) Modifications
18.67.210 Required findings. [18.110.050]
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:
Item 10.3
City Council Meeting Agenda - Page 1721 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.67 WIRELESS TELECOMMUNICATIONS
FACILITIES
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
A. Meets each and every one of the 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 Director, or their designee, shall make an express finding for each criterion; B. 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
C. Will comply with all generally applicable laws. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)
18.67.220 Effect on existing use permit. [18.110.100]
Notwithstanding any other requirement of the Pleasant Hill Municipal Code, the zoning administrator for private and public property and the city engineer for facilities in the public right-of-way shall be authorized to issue a zoning permit for a Section 6409(a) modification, even if issuance of such a permit would have the effect of amending an existing use permit. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)
18.67.230 Conditions of approval for Section 6409(a) modifications. [18.110.100] 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:
A. 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.
B. 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.
C. 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.
D. Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.
E. Inspections – emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The 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.
F. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the 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.
G. RF exposure compliance. All facilities must 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 prior to unattended operations of the wireless telecommunications facility, permittee or its representative must provide the zoning administrator or city engineer, as applicable, documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.
H. Build-out period. This permit shall lapse one year after its date of approval unless one of the following has occurred:
Item 10.3
City Council Meeting Agenda - Page 1722 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.67 WIRELESS TELECOMMUNICATIONS
FACILITIES
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
2. A certificate of occupancy has been issued; or
3. The facility is constructed or modified as approved and in operation; or
4. The build-out period is extended by the city authority which originally approved the permit.
I. 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.
J. 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.
K. 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.
L. Encroachment. Permittee must 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:
1. 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.
2. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project.
3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles.
4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.
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.
6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.
7. The contractor shall obtain approval in writing from the city engineer prior to commencing work in the public right-of-way on weekends or holidays.
8. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards.
9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.
M. 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.
N. 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)
Item 10.3
City Council Meeting Agenda - Page 1723 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.67 WIRELESS TELECOMMUNICATIONS
FACILITIES
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
18.67.240 Effect of repeal of Section 6409(a). [18.110.100] The city council has adopted this article to comply with P.L. 112-96, Section 6409. This article shall become null and void if P.L. 112-96, Section 6409, is rescinded. In such event, any application that would have been subject to this Article III shall instead be subject to the requirements of Article II. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017) Article IV. Process
18.67.310 Timing of review. [18.110.110]
The city shall strive to advise the applicant if an application is incomplete in accordance with applicable state and federal timelines for action. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)
18.67.320 Peer review. [18.110.120]
In addition, the city engineer, zoning administrator and/or the hearing body considering the relevant permit issued pursuant to this chapter may require the application, proposed findings, and conditions to be reviewed by an independent third-party peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant. (Ord. 966 § 3, 2023; Ord. 928 § 14, 2019; Ord. 910 § 5, 2017)
18.67.330 Decision. [18.110.130]
A. Basis. The decisions shall be in writing. A denial must be supported by substantial evidence and:
1. Cannot be based on the environmental effects of radio frequency (RF) emissions if the facility complies with the FCC’s RF regulations; and
2. Cannot violate state or federal law.
B. Timing of decision. The city shall strive to 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.
C. Denial without prejudice. The denial of a zoning permit application for a Section 6409(a) modification shall be without prejudice. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017)
18.67.340 Denial without prejudice due to failure to respond to notice(s) of incompleteness. [18.110.130] To promote efficient review and timely decisions, any application governed under this chapter regardless of type 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. The city engineer or zoning administrator, in his or her discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the one hundred twentieth day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant’s reasonable control. (Ord. 966 § 3, 2023)
18.67.350 Nonconforming facilities. [18.110.070]
Any wireless telecommunications facility existing before the effective date of Ordinance 910 codified in this section which is nonconforming to the provisions of this section may continue to be used. Such a facility may be operated, repaired and maintained but shall not be enlarged, expanded, relocated or modified to increase the discrepancy between the existing conditions and the requirements of this section, unless otherwise permitted by federal law. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017. Formerly 18.67.380)
18.67.360 Revocation. [18.110.140]
A. Permittees shall fully comply with all conditions related to any permit or approval granted under this article or any predecessors to this article. Failure to comply with any condition of approval or maintenance of the facility in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety 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 pursuant to PHMC Chapter 18.130.
Item 10.3
City Council Meeting Agenda - Page 1724 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.67 WIRELESS TELECOMMUNICATIONS
FACILITIES
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
B. If the permit is revoked pursuant to this section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed prior to the facility’s installation or as required by the city within 90 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.
C. At any time after 90 days following permit revocation, the city may require the facility to be removed and restoration of the premises as the city deems appropriate. The 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 removal, repair, restoration, and 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. (Ord. 966 § 3, 2023; Ord. 910 § 5, 2017. Formerly
18.67.390)
18.67.370 Appeal. [18.110.150]
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 accordance with the appeal procedures of PHMC Chapter 18.130. A decision of the city engineer concerning an encroachment permit for a wireless telecommunications facility may be appealed per PHMC Chapter 1.10, subject to the following modifications: (A) the time for filing a notice of appeal is shortened to five days; (B) the hearing shall be held within 21 days of the date the notice of appeal is filed; and (C) the decision of the city manager is final upon issuance and not appealable to city council. Decisions on zoning permit application for a Section 6409(a) modification shall be final and not appealable. (Ord. 966 § 3, 2023; Ord. 928 § 15, 2019; Ord. 910 § 5, 2017. Formerly 18.67.400) Item 10.3
City Council Meeting Agenda - Page 1725 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.145 MEASUREMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.70 [18.60, 18.115]
ADULT USES
Sections:
18.70.010 Purpose. [18.60.010]
18.70.020 Definitions. [18.215]
18.70.030 Locational limitations. [18.60.030]
18.70.040 Development and operating standards. [18.60.040]
18.70.050 Adult use development permit – Requirements. [18.60.050, 18.115.010]
18.70.060 Permit – Contents of application. [18.115.030]
18.70.070 Permit – Application fee. [18.115.030]
18.70.080 Permit – Decision to grant or deny. [18.115.020, 18.115.040]
18.70.090 Permit – Appeal. [18.115.060]
18.70.100 Permit – Judicial review of decision to grant or deny. [18.115.040]
18.70.110 Permit – Expiration. [18.115.070]
18.70.120 Permit – Approval criteria. [18.115.040]
18.70.130 Permit – Revocation. [18.105.070]
18.70.140 Violations. [18.115.080]
18.70.150 Applicability to other regulations. [18.60.020]
18.70.160 Conduct constituting a public nuisance. [18.60.060]
18.70.170 Amortization of legal nonconforming uses. [NEW - 18.60.080]
18.70.010 Purpose. [18.60.010]
The purpose of this chapter is to provide special design guidelines/standards and development regulations which regulate the time, place and manner of the operation of adult use facilities in order to minimize the negative secondary effects associated with such facilities. (Ord. 710 § 35-20.1, 1996; 1991 code § 35-20.1)
18.70.020 Definitions. [18.215]
In addition to the definitions contained in the municipal code, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of the municipal code, these definitions shall prevail:
A. Adult arcade means any business establishment or concern to which the public is permitted or invited and where coin- or slug-operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors, videos or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
B. Adult bookstore means any business establishment or concern having as a regular and substantial portion of its stock in trade material (as defined below) which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
C. Adult business or adult use means:
1. Any business establishment or concern which as a regular and substantial course of conduct operates as an adult bookstore, adult theater, adult arcade, adult cabaret, adult figure modeling studio, adult motel or hotel; or
2. Any business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes adult-oriented merchandise or sexually oriented merchandise, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical parts, but not including those uses or activities which are preempted by state law.
Item 10.3
City Council Meeting Agenda - Page 1726 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.145 MEASUREMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
D. Adult cabaret means a nightclub as defined in the municipal code, bar or other business establishment or concern (whether or not serving alcoholic beverages) which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, and where such performances are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
E. Adult dance studio means any business establishment or concern which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by the emphasis on matter depicting, or describing or relating to specified sexual activities or specified anatomical areas.
F. Adult hotel/motel means a hotel or motel, as defined in the municipal code, which is used for presenting on a regular and substantial basis material which is distinguished or characterized by the emphasis on matter depicting or describing or relating to specified sexual activities or specified anatomical areas through closed circuit or cable television or through videotape recorder where videotapes are provided by the hotel/motel.
G. Adult-oriented merchandise means sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
H. Adult theater means a theater or other commercial establishment with or without a stage or proscenium which is used for presenting, on a regular and substantial basis, material which is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to specified sexual activities or specified anatomical areas.
I. Arcade booth means any enclosed or partially enclosed portion of an establishment in which an adult arcade is located, or where a live performance is presented, on a regular or substantial basis, where the material presented is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to specified sexual activities or specified anatomical areas.
J. Commercial land use designation means any property within the city which is designated “commercial” on the most current City of Pleasant Hill general plan land use map, which is on file in the city clerk’s office (hereinafter referred to as the “general plan land use map”) including any property carrying the designation of “commercial and retail,” “mixed use” or “office.”
K. Figure modeling studio means any establishment or business which provides, for members of the public, the services of a live human model for the purpose of reproducing the human body, wholly or partially in the nude, by means of photograph, painting, sketching, drawing, or other pictorial form.
L. Industrial land use designation means any property within the city which is designated “industrial” on the general plan land use map including any property within the city carrying the designation of “light industrial.” M. Material, relative to adult businesses, means and includes, but is not limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, or electronically generated images or devices including computer software, or any combination thereof.
N. Park land use designation means any property within the city which is designated “park” on the general plan land use map.
O. Religious institution means a facility used primarily for religious assembly or worship and related religious activities.
P. Residential land use designation means any property within the city which is designated “residential” on the general plan land use map including any property carrying the designation of “single-family – low density,” “single-family – medium density,” “single-family – high density,” “multiple-family – low density,” “multiple-family – medium density” and “multiple-family – high density” and “residential use in property zoned planned unit Item 10.3
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The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024. development” as defined in subsection Q of this section. However, this does not include designations where a residence is permitted pursuant to a conditional use permit or other special permit.
Q. Residential use in property zoned planned unit development (“PUD”) means a planned unit development which contains residential dwelling units in any property within the city’s zoned planned unit development as set forth on the city’s zoning map effective March 31, 1993, as may be amended from time to time. For purposes of applying distance locational limitations under PHMC § 18.70.030, only the portion of the PUD actually containing residential units shall be considered the “residential land use designation.” R. School means any institution of learning for minors whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education and has an approved use permit, if required, under the applicable jurisdiction. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, a special institution of learning under the jurisdiction of the State Department of Education, or an institution of higher education, including a community or junior college, college or university. The definition of school does not include a vocational institution.
S. Specified anatomical areas means:
1. Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered:
a. Human genitals, pubic region;
b. Buttock; or
c. Female breast below a point immediately above the top of the areola; or
2. Human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered.
T. Specified sexual activities means:
1. Human genitals in a state of sexual stimulation or arousal; and/or
2. Acts of human masturbation, sexual stimulation or arousal; and/or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or
4. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; and/or
5. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
6. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. (Amended during 2005 recodification; Ord. 710 § 35-20.2, 1996; 1991 code § 35-20.2)
18.70.030 Locational limitations. [18.60.030]
A. Subject to the limitations of this chapter, adult businesses may be located in the commercial land use designation, mixed-use land use designation and the industrial land use designation of the city.
B. In those land use designations where the adult businesses regulated by this chapter would otherwise be permitted uses, it shall be unlawful to establish any such adult business if the location is:
1. Within a 500-foot radius of a residential land use designation. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the nearest property line included within the residential land use designation, along a straight line extended between the two points.
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Chapter 18.145 MEASUREMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
2. Within an 800-foot radius of a school or park land use designation. The distance between the proposed use and a school or park land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or to the nearest property line included within a park land use designation, along a straight line extended between the two points.
3. Within an 800-foot radius of a religious institution. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall housing the adult use or proposed adult use along a straight line extended to the nearest exterior wall of the facility housing the religious institution.
4. Within 1,000 feet of any other adult use defined by this chapter located either inside or outside the jurisdiction of the city. The distance between two adult uses shall be measured between the nearest exterior walls housing the adult uses along a straight line extended between the two uses.
5. The above distance limitations shall also apply to residential districts, parks and schools as designated on the general plan land use element of the adjacent jurisdictions or to religious institutions which are located in adjacent jurisdictions and are the subject of a validly approved land use entitlement.
6. The method for measuring the distance referenced in subsections B.1, B.2 and B.5 of this section shall not apply when the adult business location or proposed adult use is separated from a residential, school, or park land use designation by Interstate 680 (I-680). Where the I-680 separation exists, the distance shall first be measured along a straight line extended between two points from the nearest exterior wall of the facility housing the adult use or proposed adult use to the closest improved pedestrian connection above or beneath I-680 or roadways which are accessible by pedestrians or vehicles, whichever is less. The measurement shall continue under or over I-680 along the improved pedestrian connection or roadway and proceed along a straight line to the nearest property line included within the residential, school or park land use designation. An improved pedestrian connection is defined as an elevated overhead pedestrian access bridge or sidewalk or below street grade pedestrian access tunnel below finished grade of I-680.
7. The method for measuring the distance referenced in subsections B.3, B.4 and B.5 of this section shall not apply when the adult business location or proposed adult use is separated from a religious institution or other adult businesses by I-680. Where the I-680 separation exists, the distance shall first be measured along a straight line extended between two points from the nearest exterior wall housing the adult use or proposed adult use 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.
C. The establishment of any adult business shall include the opening of such a business as a new business, the relocation of the business, or the conversion of an existing business to any adult business use. (Ord. 784 §§ 1, 2, 2004; Ord. 710 § 35-20.4, 1996; 1991 code § 35-20.4)
18.70.040 Development and operating standards. [18.60.040] A. Hours of operation. It shall be unlawful for any operator or employee of an adult business to allow such adult business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 10:00 p.m. and 10:00 a.m of any day.
B. Lighting requirements. All exterior areas of the adult business shall be illuminated at a minimum of 1.25 footcandles, minimally maintained and evenly distributed at ground level.
C. Access provisions.
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Chapter 18.145 MEASUREMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
1. The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.
2. No adult business shall be operated in any manner that permits the observation of any material, adult-oriented merchandise or activities depicting, describing or relating to specified anatomical areas or specified sexual activities from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, door or other aperture or opening. No exterior door or window on the premises shall be propped open or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
D. Signage. The adult business shall post in plain view inside the front portion of the business facility, in two-inch print, a sign referencing California Penal Code section 314 which shall read:
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.
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.
E. Minors’ access.
1. X-rated movies. X-rated movies or videotapes shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays videos that have been rated “X” or rated “NC-17” by the motion picture rating industry (“MPAA”), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said videos shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited.
2. Other adult materials. Access to adult materials shall be restricted to persons over 18 years of age.
F. Regulation of closed booths. No one shall maintain any arcade booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into such premises; and further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing areas or partially or fully concealed booths/individual viewing areas shall be maintained. No arcade booth shall be occupied by more than one patron at a time. No holes shall be permitted between arcade booths or individual viewing areas.
G. Regulation of viewing areas. All viewing areas within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the viewing area from the main aisle. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. All viewing areas shall be designed or operated to permit occupancy of either one person only or more than 10 persons. Viewing area means any area in which a person views performances, pictures, movies, videos, or other presentations.
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Chapter 18.145 MEASUREMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
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 director of finance. The issuance or denial of the business license shall be made within 15 days of the applicant’s submitted application.
I. On-site manager – Security measures. All adult businesses shall have a responsible person who shall be at least 18 years of age and shall be on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be registered with the city’s zoning administrator by the owner to receive all complaints and be responsible for all violations taking place on the premises.
The adult business shall provide a security system that visually records and monitors the exterior premises of the property including all parking lot areas or, in the alternative, uniformed security guards to patrol and monitor the exterior premises of the property, including the parking lot areas during all business hours. 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.
J. Nude entertainment business – Operating requirements. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a nude entertainment business unless each and all of the following requirements are met:
1. No employee, owner, operator, responsible managing employee, manager or permittee of a nude entertainment business shall allow any person below the age of 18 years upon the premises or within the confines of any nude entertainment business if no liquor is served, or under the age of 21 if liquor is served.
2. No nude entertainer shall dance with or otherwise be within four feet of a patron while performing for compensation or while on licensed premises. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s).
3. No owner, operator, responsible managing employee, manager or permittee shall permit or allow at licensed premises any patron to approach within four feet of a nude entertainer, or permit or allow a nude entertainer to approach within four feet of a patron.
4. All employees of nude entertainment businesses, other than nude entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.
K. Disposal of adult-oriented merchandise and materials. Any and all adult-oriented merchandise and materials discarded by an adult business shall be fully contained within a locked garbage receptacle at all times so that minors are not exposed to sexually explicit materials. (Ord. 710 § 35-20.6, 1996; 1991 code § 35-20.6)
18.70.050 Adult use development permit – Requirements. [18.60.050, 18.115.010] A. No adult business may be established within the city by right. All persons wishing to establish an adult business within the city must apply for and receive an adult use development permit under this chapter.
B. It is the burden of the applicant to supply evidence to justify the grant of an adult use development permit.
C. Any person desiring to operate or establish an adult business within the city shall file with the public works and community development department an adult use development permit application on a standard application form supplied by the public works and community development department. (Ord. 710 § 35-20.8, 1996; 1991 code § 35-20.8)
18.70.060 Permit – Contents of application. [18.115.030] A. The application must 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.
B. The city council, by resolution, shall set forth the contents required for such applications for an adult use development permit.
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Chapter 18.145 MEASUREMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
C. All applicants for an adult use development permit must also fill out the city’s environmental package for purposes of complying with the California Environmental Quality Act (“CEQA”). (Ord. 710 § 35-20.10, 1996; 1991 code § 35-20.10)
18.70.070 Permit – Application fee. [18.115.030]
The city council, by resolution, shall set a reasonable nonrefundable application fee for persons applying for an adult use development permit. The fee shall not exceed the reasonable estimated costs of the city expended in processing the permit application. (Ord. 710 § 35-20.12, 1996; 1991 code § 35-20.12)
18.70.080 Permit – Decision to grant or deny. [18.115.020, 18.115.040] A. The planning commission (“the commission”) shall grant, conditionally grant or deny an application for an adult use development permit. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter and the underlying zoning district in which the property is located.
B. The completeness of the application shall be determined by the zoning administrator (“administrator”) within 30 calendar days of its submittal to the zoning administrator.
C. Upon the filing of a completed application, the commission shall cause to be made by its own members, or members of its staff, an appropriate investigation, including consultation with the building, police, fire and health departments and inspection of the premises as needed. Consultation is not grounds for the city to unilaterally delay in reviewing a completed application.
D. In reaching a decision, the commission shall not be bound by the formal rules of evidence.
E. After the investigation has been completed, the commission shall notice and conduct a public hearing, as prescribed in PHMC Chapter 18.80, on the application for an adult use development permit. Public notice shall also be provided by publication in a newspaper of general circulation within the City of Pleasant Hill at least 10 days before the scheduled hearing.
F. The planning commission shall render a written decision on the application for an adult use development permit within 60 days of receiving a completed application. The failure of the commission to render such a decision within this time frame shall be deemed to constitute a denial.
G. The commission’s decision shall be hand delivered or mailed to the applicant, and shall be provided in accordance with the requirements of the municipal code. Any posted notices shall remain for at least 10 days and mailed to all property owners within 300 feet of the adult use. (Ord. 710 § 35-20.14, 1996; 1991 code § 35-20.14)
18.70.090 Permit – Appeal. [18.115.060]
A. Any interested person may appeal the decision of the commission to the city council in writing within 10 days after the commission’s written decision. The city council within the same 10 days may also initiate such an appeal.
B. Consideration of an appeal of the commission’s decision shall be at a public hearing which shall be noticed as provided in PHMC Chapter 18.130 and shall occur within 45 days of the filing or initiation of the appeal. Public notice shall also be provided by publication in a newspaper of general circulation within the City of Pleasant Hill at least 10 days before the scheduled hearing.
C. The city council action on the appeal of the commission’s decision shall be by a majority vote of the quorum and, upon the conclusion of the de novo public hearing, the city council shall grant, conditionally grant or deny the application. The city council’s decision shall be final and conclusive.
D. In reaching its decision, the city council shall not be bound by the formal rules of evidence. (Ord. 846 § 10, 2010; Ord. 710 § 35-20.16, 1996; 1991 code § 35-20.16)
18.70.100 Permit – Judicial review of decision to grant or deny. [18.115.040] A. The time for court challenge to a decision by the city council is governed by California Code of Civil Procedures section 1094.6.
Item 10.3
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Chapter 18.145 MEASUREMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
B. Notice of the city council’s decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedures section 1094.6. (Ord. 710 § 35-20.18, 1996; 1991 code § 35-20.18)
18.70.110 Permit – Expiration. [18.115.070]
Any adult use development permit approved pursuant to this chapter shall become null and void unless the proposed use is established within six months of the date from the approval. As to facilities that are a reuse of existing facilities, the adult use development permit shall become null and void unless the proposed use is established within six months from the date of approval, unless prior to said expiration date the permittee demonstrates to the satisfaction of the city’s planning commission that it has a good faith intent to presently commence the proposed use. Such extensions shall not exceed a total of two six-month extensions. (Ord. 710 § 35-20.20, 1996; 1991 code § 35-20.20)
18.70.120 Permit – Approval criteria. [18.115.040]
A. The commission or city council shall approve or conditionally approve an application for an adult use development permit where the information submitted by the applicant substantiates the following findings:
1. That the proposed 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;
2. That the proposed use and its projected traffic generation is consistent with achieving or maintaining the established level of service set forth in the city’s circulation and growth management elements. 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;
3. That the proposed site is adequately served by other public and private service facilities consistent with the city’s established level of services as set forth in the city’s growth management element for the requested use;
4. That the proposed site is not located within a 500-foot radius of a residential land use designation. The distance between a proposed use and a residential land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the nearest property line included within the residential land use designation, along a straight line extended between the two points;
5. That the proposed site is not located within an 800-foot radius of a school or park land use designation. The distance between the proposed use and a school or park land use designation shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school site or the nearest property line included within a park land use designation, along a straight line extended between the two points;
6. That the proposed site is not located within an 800-foot radius of a religious institution. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult uses along a straight line extended to the nearest exterior wall of the facility housing the religious institution;
7. That the proposed site is not located within 1,000 feet of any other adult use regulated under this chapter that is located either within or outside the jurisdiction of the city. The distance between two adult uses shall be measured between the nearest exterior walls housing the adult uses along a straight line extended between the two uses;
8. That the proposed site is not located within 500 feet of a residential district, 800 feet of a park or school as designated on the general plan land use element of an adjacent jurisdiction or 800 feet of a religious institution that is located in an adjacent jurisdiction and is the subject of a validly approved land use entitlement; and
9. That 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 as a sex or sex-related offense.
Item 10.3
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Chapter 18.145 MEASUREMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
B. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter as set forth in PHMC § 18.70.030 and the underlying zoning district in which the property is located. (Ord. 710 § 35-20.22, 1996; 1991 code § 35-20.22)
18.70.130 Permit – Revocation. [18.115.070]
A. Any permit issued pursuant to the provisions of this chapter may be revoked by the city on the basis of any of the following:
1. That the business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set by the fire marshal;
2. That the permittee has failed to obtain or maintain all required city, county, and state licenses and permits;
3. That the permit is being used to conduct an activity different from that for which it was issued;
4. That the permittee has misrepresented a material fact in the application for permit or has not answered each question therein truthfully;
5. That due to changes in on-site conditions, the adult business lacks sufficient on-site parking area for employees and the public under the standards set forth in the city’s parking code, except for an existing use that is legal and nonconforming with respect to parking;
6. That 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 general public under the standards set forth in the Uniform Building, Uniform Plumbing or Uniform Fire Code;
7. That the permitted business creates sound levels which violate the noise control ordinance of the city;
8. That 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 as a sex or sex-related offense during the period of the adult establishment’s operation; or
9. That the use for which the approval was granted has ceased to exist or has been suspended for six months or more.
B. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least 10 days prior to the hearing.
C. The revocation hearing shall be heard by the commission. The commission shall not be bound by the formal rules of evidence at the hearing.
D. The commission shall notice and conduct a public hearing, as prescribed in the municipal code, on the proposed permit revocation.
E. The commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee’s adult use development permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter as set forth in PHMC § 18.70.030 and the underlying zoning district in which the property is located.
F. The commission’s decision shall be in writing, and shall be hand delivered or mailed to the applicant and mailed to all property owners within 300 feet of the use.
G. The commission shall make its decision within 30 days of the public hearing.
H. Any interested person may appeal the decision of the commission to the city council in writing within 10 days after the written decision of the commission in accordance with the provisions of PHMC Chapter 18.130.
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Chapter 18.145 MEASUREMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
I. In the event a permit is revoked pursuant to this chapter, another adult use development permit to operate an adult business shall not be granted to the permittee within 12 months after the date of such revocation. (Ord. 710 § 35-20.24, 1996; 1991 code § 35-20.24)
18.70.140 Violations. [18.115.080]
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 set forth in California Government Code section 36901, as it may be amended from time to time, or any other legal remedy available to the city. (Ord. 710 § 35-20.26, 1996; 1991 code § 35-20.26)
18.70.150 Applicability to other regulations. [18.60.020] The provisions of this chapter are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other parts of the zoning ordinance, other city ordinances and state and federal law. (Ord. 710 § 35-20.28, 1996; 1991 code § 35-20.28)
18.70.160 Conduct constituting a public nuisance. [18.60.060] The conduct of any business within the city in violation of any of the terms of this chapter is hereby found and 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 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. (Ord. 710 § 35-20.30, 1996; 1991 code § 35-20.30)
18.70.170 Amortization of legal nonconforming uses. [NEW - 18.60.080] A. Any adult business or establishment regulated under the provisions of this chapter which is a nonconforming use on the effective date of the ordinance codified in this chapter shall be subject to an amortization period expiring one year from the effective date of the ordinance codified in this chapter.
B. An adult business or establishment operating as a conforming use with an approved adult use development permit from the city shall not be rendered a nonconforming use by the location of a religious institution or school, within the locational limitations of this section.
C. Amortization – 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.
D. Amortization – Application for extension.
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:
a. Whether a previous extension has been requested and granted, as well as the date of the previous request; and
b. The efforts that will be made to conform by the conclusion of the extended period.
2. The owner’s application shall be made in writing and shall be accompanied by the required fee as established by the city council.
3. Any application for an extension of the amortization period shall be made prior to the expiration of the amortization period unless the commission determines that good cause exists for the late filing of the application.
Item 10.3
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Chapter 18.145 MEASUREMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
E. Amortization – Decision to grant or deny.
1. The 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. The commission shall make its decision within 45 days of the filing of the request.
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.
3. The commission shall consider the following factors in making its determination:
a. The adult business owner’s financial investment in the business; b. The present actual and depreciated value of business improvements; c. The applicable Internal Revenue Service depreciation schedules; d. The remaining useful life of the business improvements; e. The remaining lease term;
f. The cost of relocating the business to a site conforming with the provisions of this chapter; g. The ability of the business and/or land owner to change the use to a conforming use; and 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.
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.
F. Amortization – Appeal. Any interested person may appeal the decision of the commission to the city council in writing within 10 days after the written decision of the commission in accordance with the provisions of PHMC Chapter 18.130.
G. Amortization – 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 (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 granted. (Ord. 846 § 11, 2010; Ord. 710 § 35-20.32, 1996; 1991 code § 35-20.32) Item 10.3
City Council Meeting Agenda - Page 1736 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Title 18 PLANNING AND LAND USE
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Title 18
PLANNING AND LAND USE
Chapters:
Part 5. Administration [Part 5]
18.75 General Provisions [18.175]
18.80 Notice Requirements [18.205]
18.85 Zoning Permits [18.170]
18.90 Development Plans [18.125]
18.95 Use Permits [18.155]
18.100 Temporary Use Permit [18.160]
18.105 Sign Permits [18.140]
18.110 Variances [18.165]
18.111 Minor Exceptions [18.130]
18.112 Reasonable Accommodation [18.135]
18.115 Architectural Review Permits [18.120]
18.120 Development Agreements [18.190]
18.125 Zoning Ordinance Amendments [18.180]
18.130 Appeals and Calls for Review [18.185]
18.135 Enforcement [18.195]
Item 10.3
City Council Meeting Agenda - Page 1737 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.75 GENERAL PROVISIONS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.75 [18.175]
GENERAL PROVISIONS
Sections:
18.75.010 General. [18.175.010]
18.75.020 Approval authority. [18.175.020]
18.75.030 Completeness of application. [18.175.040]
18.75.040 Environmental review. [18.175.050]
18.75.050 Fees and deposits. [18.175.060]
18.75.060 City indemnification. [18.175.070]
18.75.010 General. [18.175.010]
This Part 5, Administration, sets forth the general administrative authority and procedures for decision making of this zoning ordinance. It includes general administrative provisions and notice and hearing requirements; procedure 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. (Ord. 710 § 35-25.1, 1996; 1991 code § 35-25.1)
18.75.020 Approval authority. [18.175.020]
A. Zoning administrator. The zoning administrator has the authority to approve: zoning permits; minor use permits; minor variances; minor subdivisions (under the subdivision ordinance); 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, in his or her discretion, 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.
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.
C. Planning commission. The planning commission has the authority to approve applications for development plans, use permits 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 and development agreements. The planning commission also hears appeals from decisions of the zoning administrator.
The planning commission has the authority to approve major subdivisions (under the subdivision ordinance).
D. City council. The city council has the authority to approve development agreements and zoning ordinance amendments. The city council hears appeals from the planning commission and the architectural review commission.
All actions taken in this section, except for subsection D, are subject to PHMC Chapter 18.130, Appeals and Calls for Review. (Ord. 910 § 6, 2017; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-25.2, 1996; 1991 code § 35-25.2)
18.75.030 Completeness of application. [18.175.040]
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.
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 (as that term is used in Government Code sections 65927 and 65943), the application shall be deemed complete.
Item 10.3
City Council Meeting Agenda - Page 1738 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.75 GENERAL PROVISIONS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
B. Resubmittal. Except as may otherwise be required by law, upon any resubmittal of an application determined not to be complete, a new 30-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-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 set forth in applicable federal and state law.
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. (Ord. 910 § 7, 2017; Ord. 710 § 35-25.4, 1996; 1991 code § 35-
25.4)
18.75.040 Environmental review. [18.175.050]
Each land use application for a discretionary approval by the city is subject to the requirements of the California Environmental Quality Act (CEQA), the state CEQA Guidelines, and the city’s CEQA Guidelines. (Ord. 710 § 35-
25.6, 1996; 1991 code § 35-25.6)
18.75.050 Fees and deposits. [18.175.060]
Each person submitting an application for a permit, or filing an appeal, under this chapter shall pay the required fees and deposits as established by city council resolution. (Ord. 710 § 35-25.8, 1996; 1991 code § 35-25.8)
18.75.060 City indemnification. [18.175.070]
Each applicant shall defend (with counsel acceptable to the city), indemnify and hold harmless the city (including its agents, officers, and employees) from any claim, action, or proceeding to challenge an approval of the planning commission, city council, or any officer, department, commission, or committee of the city concerning a permit granted under this title. (Ord. 856 § 2 (Exh. A), 2011) Item 10.3
City Council Meeting Agenda - Page 1739 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.80 NOTICE REQUIREMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.80 [18.205]
NOTICE REQUIREMENTS
Sections:
18.80.010 Notice requirements – General. [18.205.10]
18.80.020 Contents of notice. [18.205.20]
18.80.030 Summary of notice requirements. [18.205.30]
18.80.010 Notice requirements – General. [18.205.10]
A. General. Whenever a public hearing is required to be held, notice of the public hearing shall be given in accordance with this chapter. These requirements are based on the statutory requirements found at Government Code sections 65090 and 65091. Unless stated otherwise, notice must be given at least 10 calendar days before the hearing.
In addition to the notices sent to the applicant and other property owners under PHMC § 18.80.030, 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.
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.
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.
A public hearing conducted under this part may be continued from time to time to a specific date and time, without additional notice.
In addition to the notice requirements set forth here, the zoning administrator may give notice of a hearing in any other manner he or she deems necessary or desirable, or when the decision will constitute a substantial and significant deprivation of the property rights of other landowners. (Ord. 710 § 35-26.1, 1996; 1991 code § 35-26.1)
18.80.020 Contents of notice. [18.205.20]
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; B. A general explanation of the matter to be considered; C. The date, time and place of the public hearing;
D. The identity of the hearing officer or body;
E. A reference to application materials on file for detailed information; F. A statement that any interested person may appear and be heard; and G. Other information which is required by statute or specific provisions of this chapter or which the zoning administrator deems necessary or desirable. (Ord. 710 § 35-26.2, 1996; 1991 code § 35-26.2)
18.80.030 Summary of notice requirements. [18.205.30]
Notice of a public hearing shall be given for a particular matter in accordance with the following schedule.
Published notice means that the notice shall be published at least once in a newspaper of general circulation, at least 10 calendar days before the hearing.
Item 10.3
City Council Meeting Agenda - Page 1740 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.80 NOTICE REQUIREMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
SCHEDULE 18.80.030
SUMMARY OF NOTICE REQUIREMENTS
Published Notice
Notice Mailed to
Applicant
Notice Mailed to Owners
Within 300 Feet(1)
Notice Mailed to
Residents Within 300
Feet(2)
Zoning Permit – – – –
Minor Exception – X(4) X(4) X(4)
Creek Setback Exception – X X X
Use Permit/Variance O X X X
Temporary Use Permit – O O –
Home Occupation Permit O X X X
Large Family Day Care
Permit
– X X(3) –
Architectural Review – X – –
Sign Review – X – –
Development Agreement X X X –
Zoning Regulation
Amendment
X X X X
Zoning Map Amendment X X X X
Development Plan Review O X X X
Minor Subdivision
Review
O X X X
Major Subdivision
Review
O X X X
– 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 multiple-family housing complex exists within the 300-foot radius, notice may be given only to the resident manager, management firm or owner, in lieu of sending notice to each resident of the complex.
(3)
Pursuant to Health and Safety Code section 1597.46(a)(3), the notice shall be sent only to owners within 100 feet of the exterior boundaries of the proposed use.
(4)
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 disapprove 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 accordance with this chapter.
When multiple applications are submitted for a single site in conjunction with a request for a minor exception, and when any of these applications require planning commission review, the zoning administrator shall schedule a combined public hearing for all of the applications before the planning commission. (Ord. 857 § 3, 2011; Ord. 844 § 7, 2010; Ord. 838 § 2, 2009; Ord. 727 § 15, 1998; Ord. 710 § 35-26.4, 1996; 1991 code § 35-26.4)
Item 10.3
City Council Meeting Agenda - Page 1741 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.85 ZONING PERMITS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.85 [18.170]
ZONING PERMITS
Sections:
18.85.010 Purpose and applicability. [18.170.010]
18.85.020 Zoning administrator authority. [18.170.020]
18.85.030 Procedures – Application, decision, effective date, appeal, site plan changes, revocation. [18.170.030]
18.85.040 Lapse of approval – Changes to plans – Revocation. [18.170.040, 18.170.050]
18.85.010 Purpose and applicability. [18.170.010]
A zoning permit is required before issuance of a building or grading permit, before a change in use of a property, before modifying, replacing or constructing an accessory structure, replacing or constructing a fence or wall within a residential front or street side yard, or for a Section 6409(a) modification as specified by PHMC Chapter 18.67. The purpose is to ensure that each new or expanded use of a site and each new or expanded structure complies with this chapter. (Ord. 966 § 4, 2023; Ord. 964 § 21, 2023; Ord. 949 § 23, 2021; Ord. 910 § 8, 2017; Ord. 903 § 4, 2016; Ord. 745 § 6, 2000; Ord. 710 § 35-27.1, 1996; 1991 code § 35-27.1)
18.85.020 Zoning administrator authority. [18.170.020]
The zoning administrator shall issue a zoning permit if: (A) the proposed structure, use or fence complies with this chapter; and (B) no further environmental review is required under the California Environmental Quality Act (CEQA). (Ord. 745 § 7, 2000; Ord. 710 § 35-27.2, 1996; 1991 code § 35-27.2)
18.85.030 Procedures – Application, decision, effective date, appeal, site plan changes, revocation. [18.170.030]
A. Application. The applicant shall file a completed zoning permit application with the zoning administrator. The application shall include the signature of the property owner.
B. Decision. The zoning administrator shall grant or deny the application within five working days. If an application for a zoning permit is denied, no new application for the same, or substantially the same, zoning permit shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice.
C. Effective date. A zoning permit is effective upon issuance.
D. Appeal. Any interested person may appeal the zoning administrator’s decision in accordance with PHMC Chapter 18.130.
E. Site plan changes – Revocation. A new zoning permit is required if the site plans are changed in a manner that affects compliance with this chapter or with the conditions of the zoning permit. The zoning administrator may revoke a zoning permit, after notice and hearing, for failure to comply with a condition of the permit. (Ord. 710 § 35-27.4, 1996; 1991 code § 35-27.4)
18.85.040 Lapse of approval – Changes to plans – Revocation. [18.170.040, 18.170.050] A. Lapse of approval. A zoning permit lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
2. A certificate of occupancy has been issued; or
3. The use is established; or
4. The zoning permit is renewed by the hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.
Item 10.3
City Council Meeting Agenda - Page 1742 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.85 ZONING PERMITS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
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.
B. Changes to plans. A request for a change in the zoning permit or a condition of approval requires a new application for modification of the condition.
C. Revocation. A zoning permit exercised in violation of this chapter or a condition of approval may be revoked, as provided in PHMC § 18.135.040. (Ord. 910 § 9, 2017)
Item 10.3
City Council Meeting Agenda - Page 1743 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.90 DEVELOPMENT PLANS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.90 [18.125]
DEVELOPMENT PLANS
Sections:
18.90.010 Requirement. [18.125.010]
18.90.020 Approval authority. [18.125.020]
18.90.030 Procedures – Application, notice and public hearing, decision, effective date, appeal. [18.125.030]
18.90.040 Required findings. [18.125.040]
18.90.050 Conditions of approval. [18.125.050]
18.90.060 Lapse of approval – Changes to plans. [18.125.060]
18.90.070 Resubmittal of application. [18.125.070]
18.90.010 Requirement. [18.125.010]
A development plan is required for (1) all new stores, motels, offices, restaurants and similar structures designed for an occupancy load of 30 persons or more, (2) property zoned PUD, or (3) an addition of 7,000 square feet or more to an existing store, motel, office, restaurant or similar structure. A development plan is not required for the construction or alteration of a single-family residence. Development plan approval is required in addition to architectural review under PHMC Chapter 18.115. (Ord. 710 § 35-28.1, 1996; 1991 code § 35-28.1)
18.90.020 Approval authority. [18.125.020]
The planning commission has the authority to approve applications for development plans. (Ord. 710 § 35-28.2, 1996; 1991 code § 35-28.2)
18.90.030 Procedures – Application, notice and public hearing, decision, effective date, appeal. [18.125.030] A. Application. The applicant shall submit a request for a development plan to the zoning administrator on a form provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.
B. Notice and public hearing. The planning commission shall hold a public hearing on an application for a development plan, and shall hear testimony for and against the application.
The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing.
Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice.
C. Decision. The planning commission shall approve, conditionally approve or deny an application within 20 working days after the close of the public hearing. 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 commission (or council, on appeal) adopts the resolution.
D. Effective date. A decision under this chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed.
E. Appeal. A decision of the planning commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130. (Ord. 710 § 35-28.4, 1996; 1991 code § 35-28.4)
18.90.040 Required findings. [18.125.040]
The planning commission may approve a development plan if it finds that all of the following are true, based on the application, plans, materials and testimony submitted at the public hearing:
Item 10.3
City Council Meeting Agenda - Page 1744 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.90 DEVELOPMENT PLANS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
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;
B. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or in the city;
C. The proposed development is consistent with the policies and goals established by the general plan; and D. The proposed development is architecturally compatible with other developments in the vicinity, both inside and outside the district. (Ord. 710 § 35-28.6, 1996; 1991 code § 35-28.6)
18.90.050 Conditions of approval. [18.125.050]
In approving a development plan, the planning commission may impose reasonable conditions necessary to:
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; B. Protect the public health, safety, and general welfare; or C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-28.8, 1996; 1991 code § 35-28.8)
18.90.060 Lapse of approval – Changes to plans. 18.125.060] A. Lapse of approval. A development plan lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
2. A certificate of occupancy has been issued; or
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.
B. Changes to plans. 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. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original development plan. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-28.10, 1996; 1991 code § 35-28.10)
18.90.070 Resubmittal of application. 18.125.070]
Following denial of development plan applications, no new application for the same, or substantially the same, plan shall be accepted within one year of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-28.12, 1996; 1991 code § 35-28.12)
Item 10.3
City Council Meeting Agenda - Page 1745 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.95 USE PERMITS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.95 [18.155]
USE PERMITS
Sections:
18.95.010 Requirement. [18.155.010]
18.95.020 Approval authority. [18.155.020]
18.95.030 Procedures – Application, notice and public hearing, decision, effective date, appeal. [18.155.030]
18.95.040 Required findings. [18.155.040]
18.95.050 Conditions of approval. [18.155.050]
18.95.060 Lapse of approval – Changes to plans – Revocation. [18.155.060]
18.95.070 Resubmittal of application. [18.155.080]
18.95.010 Requirement. [18.155.010]
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 be compatible with the surrounding area.
An application for a temporary use permit is governed by PHMC Chapter 18.100. (Ord. 710 § 35-29.1, 1996; 1991 code § 35-29.1)
18.95.020 Approval authority. [18.155.020]
The planning commission has the authority to approve use permits, except that the zoning administrator has the authority to approve an application for a minor use permit or any use permit in PHMC Title 18 granting the approval authority to the zoning administrator. A minor use permit is a use permit pertaining to an existing structure or portion of a structure located in any zoning district, or certain qualifying wireless telecommunications facilities as specified by PHMC Chapter 18.67. The zoning administrator, in his or her discretion, may refer a minor use permit application directly to the planning commission. (Ord. 966 § 5, 2023; Ord. 934 § 11, 2019; Ord. 757 § 4, 2001; Ord. 710 § 35-29.2, 1996; 1991 code § 35-29.2)
18.95.030 Procedures – Application, notice and public hearing, decision, effective date, appeal. [18.155.030] A. Application. The applicant shall submit a request for a use permit to the zoning administrator on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030. A use permit application for certain uses in a residential zoning district is subject to pre-application review by other agencies, pursuant to PHMC § 18.20.075.
B. Notice and public hearing. The planning commission, or the zoning administrator for a minor use permit, shall hold a public hearing on an application for a use permit, and shall hear testimony for and against the application.
The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator may schedule a combined public hearing.
Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice.
C. Decision. The hearing body shall approve, conditionally approve or deny an application within 20 working days after the close of the public hearing. 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 the planning commission, or city council on appeal, the date of the decision is the date the commission or council adopts the resolution.
D. Effective date. A decision under this chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed.
Item 10.3
City Council Meeting Agenda - Page 1746 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.95 USE PERMITS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
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, all in accordance with the appeal procedures of PHMC Chapter 18.130. (Ord. 867 § 12, 2012; Ord. 727 § 16, 1998; Ord. 710 § 35-29.4, 1996; 1991 code § 35-29.4)
18.95.040 Required findings. [18.155.040]
The planning commission (or zoning administrator, for a minor use permit) may approve an application for a use permit if it finds all of the following to be true, based on the application, plans, materials and testimony submitted at the public hearing:
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;
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
C. The proposed use is consistent with the policies and goals established by the general plan.
D. In addition, if the use permit is for a residential use in a residential zoning district pursuant to PHMC §
18.20.075, the following additional findings are required:
1. The proposed use is consistent with the purposes of the residential zoning districts, as specified in PHMC §
18.20.010.
2. The proposed use complies with the development and operational standards of PHMC § 18.20.075.
3. The property and existing structures are physically suited to accommodate the use.
4. The proposed use will be compatible with the character of the surrounding neighborhood and the use will not contribute to changing the residential character of the neighborhood. In evaluating this factor, the hearing body must at a minimum consider factors such as: the relative size of the facility; the proximity of the use to schools, parks, and other residential care facilities; proximity to outlets for alcoholic beverages; and the existence of substandard physical characteristics in the area (such as lot widths, setbacks, street width, limited available parking, short blocks, etc.).
The planning commission or zoning administrator may approve an application for a minor use permit if all of the above are found to be true, and the proposal is consistent with: (a) the general plan; (b) the general purposes of this chapter; (c) the specific purposes of the applicable base or overlay district; and (d) this chapter. (Ord. 867 § 13, 2012; Ord. 710 § 35-29.6, 1996; 1991 code § 35-29.6)
18.95.050 Conditions of approval. [18.155.050]
In approving a use permit, the planning commission or the zoning administrator may impose reasonable conditions necessary to:
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; B. Protect the public health, safety, and general welfare; or C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-29.8, 1996; 1991 code § 35-29.8)
18.95.060 Lapse of approval – Changes to plans – Revocation. [18.155.060] A. Lapse of approval. A use permit lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
Item 10.3
City Council Meeting Agenda - Page 1747 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.95 USE PERMITS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
2. A certificate of occupancy has been issued; or
3. The use is established; or
4. The use permit is renewed by the hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.
A 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 for a residential use is not a binding precedent for future applications.
B. Changes to plans. A request for a change in the use permit or a condition of approval requires a new application for modification of the condition. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. If the zoning administrator determines that a modification is major, the modification shall be referred for consideration to the final decision-making body that reviewed and approved the original use permit.
C. Revocation. A use permit exercised in violation of this chapter or a condition of approval may be revoked, as provided in PHMC § 18.135.040. (Ord. 867 § 14, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-29.10, 1996; 1991 code § 35-29.10)
18.95.070 Resubmittal of application. [18.155.080]
Following denial of a use permit application, no new application for the same, or substantially the same, use permit shall be accepted within one year of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-29.12, 1996; 1991 code § 35-29.12)
Item 10.3
City Council Meeting Agenda - Page 1748 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.100 TEMPORARY USE PERMIT
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.100 [18.160]
TEMPORARY USE PERMIT
Sections:
18.100.010 Requirement. [18.160.010]
18.100.020 Approval authority. [18.160.020]
18.100.030 Procedures – Application, decision, effective date, appeal, duration, revocation. [18.160.030]
18.100.040 Findings. [18.160.040]
18.100.050 Conditions of approval. [18.160.050]
18.100.010 Requirement. [18.160.010]
A temporary use permit is required to authorize certain temporary use classifications, as defined in PHMC §
18.15.070. A temporary use permit may not be issued more than six times during any calendar year or for any longer than 14 days for each event.
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 PHMC Chapter 6.20. (Ord. 865 § 7, 2012; Ord. 856 § 2 (Exh.
A), 2011; Ord. 710 § 35-30.1, 1996; 1991 code § 35-30.1)
18.100.020 Approval authority. [18.160.020]
The zoning administrator has the authority to approve temporary use permits. The zoning administrator may, in his or her discretion, refer a temporary use permit directly to the planning commission. (Ord. 710 § 35-30.2, 1996; 1991 code § 35-30.2)
18.100.030 Procedures – Application, decision, effective date, appeal, duration, revocation. [18.160.030] A. Application. The applicant shall submit a request for a temporary use permit to the zoning administrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC §
18.75.030. Within five working days of receiving a complete application, the zoning administrator may request additional plans and materials necessary to assess the potential impacts of the proposed temporary use.
No notice or public hearing is required.
B. Decision. The zoning administrator shall approve, conditionally approve or deny an application within five working days after receiving a complete application, and shall promptly notify the applicant.
C. Effective date – Appeals – Duration – Revocation. A temporary use permit is effective on the date of approval.
Any interested person may appeal a denial of the application to the planning commission, in accordance with PHMC Chapter 18.130.
The permit is valid for the time period specified in the permit, not to exceed 14 calendar days. The permit lapses if not used within the dates approved.
The zoning administrator may revoke the 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. (Ord. 727 § 7, 1998; Ord. 710 § 35-30.4, 1996; 1991 code § 35-
30.4)
18.100.040 Findings. [18.160.040]
The zoning administrator shall approve the application as submitted, or in modified form, if the zoning administrator finds that:
A. The proposed temporary use will be located, operated and maintained in a manner consistent with the general plan and this chapter; and
Item 10.3
City Council Meeting Agenda - Page 1749 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.100 TEMPORARY USE PERMIT
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
B. Approval of the application will not be detrimental to adjacent properties or to property in the surrounding area or to the public health, safety or general welfare. (Ord. 710 § 35-30.6, 1996; 1991 code § 35-30.6)
18.100.050 Conditions of approval. [18.160.050]
In approving a temporary use permit, the zoning administrator may impose reasonable conditions necessary to:
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;
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
C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 865 § 8, 2012; Ord. 710 § 35-30.8, 1996; 1991 code § 35-30.8) Item 10.3
City Council Meeting Agenda - Page 1750 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.105 SIGN PERMITS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.105 [18.140]
SIGN PERMITS
Sections:
18.105.010 Requirement. [18.140.010]
18.105.020 Approval authority. [18.140.020]
18.105.030 Procedures – Application, decision, effective date, appeal. [18.140.030]
18.105.040 Findings. [18.140.040]
18.105.050 Conditions of approval. [18.140.050]
18.105.060 Lapse of approval – Changes to plans – Revocation. [18.140.060]
18.105.070 Resubmittal of application. [18.140.070]
18.105.010 Requirement. [18.140.010]
No sign shall be erected or displayed without a sign permit or temporary sign permit, unless the sign is exempt under PHMC § 18.60.020.
A temporary sign permit is required to authorize certain temporary signs under PHMC § 18.60.030.C.
A master sign program, under PHMC § 18.60.080, is required for a site having four or more nonresidential occupants. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.1, 1996; 1991 code § 35-30A.1)
18.105.020 Approval authority. [18.140.020]
The architectural review commission has the authority to approve a master sign program and an amendment to a master sign program, to prepare sign design criteria under PHMC § 18.60.090, and to approve a sign permit for a theater or marquee sign under PHMC § 18.60.050.F.
The zoning administrator has the authority to approve a sign permit, whether a master sign program exists or not, or a temporary sign permit under PHMC § 18.60.030. The zoning administrator may, in his or her discretion, refer a sign permit or temporary sign permit directly to the architectural review commission.
The planning commission has the authority to approve a variance under PHMC Chapter 18.110 and a use permit under PHMC Chapter 18.95. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.2, 1996; 1991 code § 35-30A.2)
18.105.030 Procedures – Application, decision, effective date, appeal. [18.140.030] A. Application. The applicant shall submit a request for a sign permit, master sign program or temporary sign permit to the zoning administrator on forms provided by the city. An application is determined to be complete in accordance with PHMC § 18.75.030.
The application for a master sign program shall include all of the following:
1. A master sign program, drawn to scale, delineating the site proposed to be included within the sign program and the general location of all signs;
2. 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;
3. A statement of the reasons for any requested modification to the regulations or standards of PHMC Chapter
18.60; and
4. A written program specifying sign standards, including color, size, construction details, placement, and necessity for city review, for distribution to future tenants.
No notice or public hearing is required.
Item 10.3
City Council Meeting Agenda - Page 1751 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.105 SIGN PERMITS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
B. Decision. The zoning administrator shall approve, conditionally approve or deny an application within 10 working days. The architectural review commission shall approve, conditionally approve or deny an application within 30 working days. 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.
C. Effective date – Appeal. A sign permit or master sign program approval or temporary sign permit is effective on the date of approval. Any interested person may appeal a decision of the application by the zoning administrator to the architectural review commission and of the architectural review commission to the city council, in accordance with PHMC Chapter 18.130.
D. Projects with multiple discretionary applications. Notwithstanding subsections B and C of this section, 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. (Ord. 921 § 2, 2018; Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35- 30A.4, 1996; 1991 code § 35-30A.4)
18.105.040 Findings. [18.140.040]
A. Sign permit. The zoning administrator or architectural review commission shall consider the following elements in evaluating a sign permit application:
1. Visibility and legibility, including letter height and legibility, contrast-background relationship, placement and location, and the impact of other signs in the vicinity, and the average travel speed on adjacent streets.
2. Intensity of illumination of both the proposed sign and other signs in the vicinity, and other light sources such as street lights or canopy lights.
3. The relation to the architectural design of the building. An attractive scale between the sign, the building and the immediate surroundings shall be maintained. A sign which covers a window or which spills over natural boundaries or architectural features and obliterates parts of an upper floor of a building may not be permitted.
4. The graphic design, including emphasis on simplicity, style, trademarks or business identification and use of symbols.
5. The sign proposal conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines.
B. Master sign program. Before approving a master sign program, the architectural review commission must find that:
1. The 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 PHMC § 18.60.050, Specific sign standards;
2. The proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other; and
3. 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.
4. The master sign program conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines.
C. Temporary sign permit. Before approving a temporary sign permit, the zoning administrator must find that:
1. The proposed temporary sign will be located, operated and maintained in a manner consistent with the general plan and this chapter;
Item 10.3
City Council Meeting Agenda - Page 1752 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.105 SIGN PERMITS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
2. 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; and
3. The temporary sign proposal conforms to the city-wide sign design guidelines and/or other applicable adopted design guidelines. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.6, 1996; 1991 code § 35-30A.6)
18.105.050 Conditions of approval. [18.140.050]
In approving a sign permit, master sign program or temporary sign permit, the zoning administrator or architectural review commission may impose reasonable conditions necessary to:
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; B. Protect the public health, safety, and general welfare; or C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35- 30A.8, 1996; 1991 code § 35-30A.8)
18.105.060 Lapse of approval – Changes to plans – Revocation. [18.140.060] A. Sign permit. A sign permit lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless the sign is placed within that time. A request for a change in the sign permit or a condition of approval requires a new application, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original sign permit. If the zoning administrator determines that the proposed modification is minor, the zoning administrator may approve the minor modification administratively.
B. Master sign program. The approval of a master sign program does not lapse, but remains in effect to regulate future signs. A request for a change in the master sign program or a condition of approval requires a new application. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original master sign program. If the zoning administrator determines that the proposed modification is minor, the zoning administrator may approve the minor modification administratively.
C. Temporary sign permit. A temporary sign permit is valid for the time period specified in the permit. The permit lapses if not used within the dates approved.
D. Revocation. A sign permit, master sign program or temporary sign permit exercised in violation of this chapter or a condition of approval may be revoked as provided in PHMC § 18.135.040. (Ord. 856 § 2 (Exh. A), 2011; Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.10, 1996; 1991 code § 35-30A.10)
18.105.070 Resubmittal of application. [18.140.070]
Following denial of a sign permit or master sign program, no new application for the same, or substantially the same, permit or program shall be accepted within one year of the date of denial, unless the denial was made without prejudice. (Ord. 854 § 3, 2011; Ord. 738 § 1 (Exh. B), 1999; Ord. 710 § 35-30A.12, 1996; 1991 code § 35-30A.12) Item 10.3
City Council Meeting Agenda - Page 1753 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.110 VARIANCES
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.110 [18.165]
VARIANCES
Sections:
18.110.010 Requirement. [18.165.010]
18.110.020 Approval authority. [18.165.020]
18.110.030 Procedures – Application, notice and public hearing, decision, effective date, appeal. [18.165.030]
18.110.040 Findings. [18.165.040]
18.110.050 Conditions of approval. [18.165.050]
18.110.060 Lapse of approval – Changes to plans. [18.165.060]
18.110.070 Resubmittal of application. [18.165.070]
18.110.010 Requirement. [18.165.010]
A variance is required when a property owner seeks relief from zoning requirements because of special physical conditions applicable to the property. A variance may not be granted regarding use classifications or density. A request for a reasonable accommodation in the application of zoning regulations for a disabled person is not a variance, but is covered under PHMC Chapter 18.112. (Ord. 838 § 3, 2009; Ord. 710 § 35-31.1, 1996; 1991 code § 35-31.1)
18.110.020 Approval authority. [18.165.020]
The planning commission has the authority to approve variances, except that the zoning administrator has the authority to approve a minor variance. A minor variance means a variance in connection with property in a singlefamily zoning district. The zoning administrator may, in his or her discretion, refer a minor variance application directly to the planning commission. (Ord. 710 § 35-31.2, 1996; 1991 code § 35-31.2)
18.110.030 Procedures – Application, notice and public hearing, decision, effective date, appeal. [18.165.030] A. Application. The applicant shall submit a request for a variance to the zoning administrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.
B. Notice and public hearing. The planning commission, or the zoning administrator in the case of a minor variance, shall hold a public hearing on an application for a variance and shall hear testimony for and against the application.
The zoning administrator shall set the time and date for the public hearing. The hearing shall be scheduled within 20 calendar days, and held within 60 calendar days, after the application is deemed complete. When applications for multiple development plans, use permits or variances on a single site are filed at the same time, the zoning administrator shall schedule a combined public hearing.
Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. A public hearing may be continued to a definite date and time without additional public notice.
C. Decision. The hearing body shall approve, conditionally approve or deny an application within 20 working days after the close of the public hearing. 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 the planning commission, or city council on appeal, the date of the decision is the date the commission or council adopts the resolution.
D. Effective date. A decision under this section takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed.
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, all in accordance with the appeal procedures of PHMC Chapter 18.130. (Ord. 710 § 35-31.4, 1996; 1991 code § 35-31.4) Item 10.3
City Council Meeting Agenda - Page 1754 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.110 VARIANCES
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
18.110.040 Findings. [18.165.040]
The planning commission, or the zoning administrator in the case of a minor variance, may approve an application for a variance if it finds all of the following to be true, based on the application, plans, materials and testimony submitted at the public hearing:
A. The 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 deprives the property of privileges enjoyed by other properties in the vicinity under the identical zoning classification; B. The 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 C. The variance substantially meets the intent and purpose of the zoning district in which the property is located. (Ord. 710 § 35-31.6, 1996; 1991 code § 35-31.6)
18.110.050 Conditions of approval. [18.165.050]
In approving a variance, the planning commission or zoning administrator may impose reasonable conditions necessary to:
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; B. Protect the public health, safety, and general welfare; or C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 710 § 35-31.8, 1996; 1991 code § 35-31.8)
18.110.060 Lapse of approval – Changes to plans. [18.165.060] A. Lapse of approval. A variance lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
2. A certificate of occupancy has been issued; or
3. The variance is renewed by the hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.
B. Changes to plans. A request for a change in the variance or a condition of approval requires a new application, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original variance. If the zoning administrator determines that the modification is minor, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. (Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-31.10, 1996; 1991 code § 35-31.10)
18.110.070 Resubmittal of application. [18.165.070]
Following denial of a variance, no new application for the same, or substantially the same, variance shall be accepted within one year of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-31.12, 1996; 1991 code § 35-31.12)
Item 10.3
City Council Meeting Agenda - Page 1755 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.111 MINOR EXCEPTIONS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.111 [18.130]
MINOR EXCEPTIONS
Sections:
18.111.010 Specific purposes. [18.130.010]
18.111.020 Applicability. [18.130.020]
18.111.030 Procedures – Authority, application, notice and public hearing, decision, effective date, appeal. [18.130.030, 18.130.040]
18.111.040 Findings. [18.130.050]
18.111.050 Conditions of approval. [18.130.060]
18.111.060 Lapse of approval. [18.130.070]
18.111.070 Changes to plans. [18.130.070]
18.111.080 Resubmittal of application. [18.130.080]
18.111.010 Specific purposes. [18.130.010]
The purposes of this chapter are to:
A. Allow the zoning administrator to grant a minor exception from specified development standards required by this zoning ordinance.
B. Provide an appropriate process to enable the zoning administrator to grant a requested minor exception.
C. Provide appropriate and reasonable findings to allow the zoning administrator to grant a requested minor exception.
D. Ensure that any exceptions granted will be consistent with the purpose and intent of this title. (Ord. 857 § 2, 2011)
18.111.020 Applicability. [18.130.020]
A minor exception may be requested for any item identified below:
A. Fence or wall height. An increase in the maximum allowable height of a fence or wall of not more than one foot (see PHMC § 18.20.040.H).
B. Floor area ratio (FAR). A maximum increase of 10% of the existing FAR standard (e.g., if the FAR is 30%, the maximum potential increase would be 3%).
C. Landscaping area. A decrease in minimum landscaping or planting area or dimensional requirements of not more than 20% of the applicable standard (see PHMC §§ 18.20.040.G and 18.25.030).
D. Loading. A decrease in the number of required loading spaces; provided, that it can be demonstrated that the spaces are not needed for the proposed use and the area that was to be used for the loading space(s) shall be used as additional landscaping, parking or open space in addition to minimum ordinance requirements (see PHMC §§
18.55.020 and 18.55.030).
E. Lot coverage. An increase of not more than 10% of the applicable lot coverage standard (e.g., 30% x 0.10 = 3%) (see PHMC § 18.20.030).
F. Lot depth and/or width. A decrease of not more than 10% of a minimum depth and/or width dimension, only when the minimum required lot area and density requirements are met (e.g., a lot depth requirement of 90 feet may be reduced to 81 feet) (see PHMC § 18.20.030).
G. Open space. A decrease of not more than 10% of the minimum required amount of usable open space on the site (private and/or shared), or open space dimensional requirements (see PHMC §§ 18.20.030 and 18.20.040.E).
Item 10.3
City Council Meeting Agenda - Page 1756 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.111 MINOR EXCEPTIONS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
H. Projections. An increase of not more than 20% in the allowable projection of cornices, eaves, fireplaces, masonry chimneys, overhangs, and steps into a required setback area (provided, that the projection shall not be closer than three feet to any property line). Projections shall be measured from the required setback (i.e., not from an existing legal nonconforming setback or from a reduced setback that may be granted through a variance or minor exception) (see also PHMC § 18.50.020).
I. Screening of mechanical equipment. Approval of alternative methods of screening, including use of painting or other stealthing or camouflaging techniques, if the zoning administrator determines that other screening methods are not feasible and the alternative methods will provide substantial screening consistent with the intent and purpose of this title (see PHMC § 18.50.090).
J. Minimum yards. A decrease of not more than 20% of the applicable yard setback standard, if consistent with the character of existing development in the surrounding area. In no circumstance shall a minor exception be granted for a main building or accessory structure that reduces yard setbacks to less than the following (see PHMC §§ 18.20.030 and 18.25.030):
1. Front yard: 16 feet (a minimum of 20 feet shall be maintained for any garage facing the street).
2. Side yards: three feet.
3. Rear yard: five feet.
K. Accessory structures.
1. Accessory structures on parcels with existing and ongoing agricultural/horticultural uses that are two acres or larger may exceed the maximum floor area and/or height standards specified in PHMC § 18.20.050.A through
18.20.050.D, provided the accessory structures comply with all other applicable development standards;
2. Any other type of decorative landscape structure/feature(s), not identified in PHMC § 18.20.050.G (e.g., trellis, fountain, column or similar) exceeding three feet in height, and occupying not more than 10% of the required yard area (either individually or cumulatively).
L. Other required dimensions. The zoning administrator may approve minor adjustments in other required dimensions, up to a change of 20% of the required dimension, excluding any increase in maximum building height (see PHMC §§ 18.20.030 and 18.25.030).
M. Other minor adjustments. The zoning administrator may approve other minor adjustments to zoning ordinance standards in addition to those specified above; provided, that all of the findings specified in PHMC § 18.111.040 are satisfied and the planning commission is notified of the proposed minor exception and provided with an opportunity to call the proposed minor exception up for review pursuant to PHMC § 18.130.010.
N. Required variance. A request for an exception that exceeds the limitations identified in this chapter requires the approval of a variance under PHMC Chapter 18.110. 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 variance. (Ord. 857 § 2, 2011)
18.111.030 Procedures – Authority, application, notice and public hearing, decision, effective date, appeal. [18.130.030, 18.130.040]
A. Authority. The zoning administrator has the authority to approve minor exceptions. The zoning administrator may, at his or her discretion, refer a minor exception application directly to the planning commission for consideration; except that whenever more than one minor exception is requested for a property (either concurrently or sequentially over time), the minor exception request shall be referred to the planning commission for consideration at a public hearing.
B. Application. The applicant shall submit a request for a minor exception to the zoning administrator, on forms provided by the city. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.
Item 10.3
City Council Meeting Agenda - Page 1757 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.111 MINOR EXCEPTIONS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
C. Notice and public hearing. 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 provide notice to the planning commission and city council that a decision will be made by the zoning administrator to approve or disapprove 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 accordance with PHMC Chapter 18.80. When multiple applications are submitted for a single site in conjunction with a request for a minor exception, and when any of these applications require planning commission review, the zoning administrator shall schedule a combined public hearing for all of the applications before the planning commission. A public hearing may be continued to a definite date and time without additional public notice.
D. Decision. The zoning administrator shall approve, conditionally approve or deny an application within 20 working days after issuance of a public notice as specified in subsection C of this section or within 20 working days after the close of the public hearing, whichever is applicable. The zoning administrator shall mail notice of the decision, including a description of the appeal process as specified in PHMC Chapter 18.130, 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. In the case of the planning commission, or city council on appeal, the date of the decision is the date the commission or council adopts the resolution approving or denying the application(s).
E. Effective date. A decision under this section takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed.
F. 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, all in accordance with the appeal procedures of PHMC Chapter 18.130.
G. 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 pursuant to the provisions of PHMC Chapter
18.130. (Ord. 857 § 2, 2011)
18.111.040 Findings. [18.130.050]
The zoning administrator may approve an application for a minor exception if the following findings can be made, based on the application, plans, materials and any public testimony submitted:
A. No practical alternative exists to the proposed exception; B. The purpose and intent of the subject zone district will not be substantially compromised; C. There will be no detrimental impact (aesthetically or otherwise) to the site, adjacent properties or neighborhood; D. The project will be in substantial conformance with the city-wide design guidelines; E. The proposed project will otherwise be in compliance with all applicable zoning ordinance standards and requirements, including any applicable specific plan or planned unit development. (Ord. 857 § 2, 2011)
18.111.050 Conditions of approval. [18.130.060]
In approving a minor exception, the zoning administrator may impose reasonable conditions necessary to:
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; B. Protect the public health, safety, and general welfare; 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;
D. Ensure substantial conformance with city-wide design guidelines. (Ord. 857 § 2, 2011) Item 10.3
City Council Meeting Agenda - Page 1758 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.111 MINOR EXCEPTIONS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
18.111.060 Lapse of approval. [18.130.070]
An exception lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:
A. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or B. A certificate of occupancy has been issued; or
C. The exception is renewed by the hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid. (Ord. 857 § 2, 2011)
18.111.070 Changes to plans. [18.130.070]
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, the zoning administrator may approve that minor modification administratively, and that decision may be appealed to the planning commission. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original minor exception. (Ord. 857 § 2, 2011)
18.111.080 Resubmittal of application. [18.130.080]
Following denial of a minor exception, no new application for the same, or substantially the same, minor exception shall be accepted within one year of the date of denial, unless the denial was made without prejudice. Upon denial of a minor exception, the applicant may apply for a variance under PHMC Chapter 18.110. (Ord. 857 § 2, 2011) Item 10.3
City Council Meeting Agenda - Page 1759 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.112 REASONABLE ACCOMMODATION
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.112 [18.135]
REASONABLE ACCOMMODATION
Sections:
18.112.010 Purpose. [18.135.010]
18.112.020 Definitions. [18.215]
18.112.030 Requesting reasonable accommodation. [18.135.030]
18.112.040 Application requirements. [18.135.040]
18.112.050 Approval authority – Notice – Decision. [18.135.050]
18.112.060 Findings – Other requirements. [18.135.060]
18.112.070 Appeal. [18.135.070]
18.112.010 Purpose. [18.135.010]
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 zoning requirements.
This chapter is based on requirements of the federal and state fair housing laws, and implements the housing element of the city’s general plan. It is distinct from the requirements for a variance set forth in Government Code section 65906 and PHMC Chapter 18.110, Variances. (Ord. 838 § 1, 2009)
18.112.020 Definitions. [18.215]
In this chapter:
Disabled person means a person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in California Government Code section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term “disabled person” does not include a person who is currently using illegal substances, unless he or she has a separate disability. (42 U.S.C. § 3602(h).) Fair housing laws means (1) the Federal Fair Housing Act (42 U.S.C. § 3601 and following) and (2) the California Fair Employment and Housing Act (Govt. Code § 12955 and following), including amendments to them.
Reasonable accommodation means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city’s land use and zoning program.1 (Ord. 838 § 1, 2009)
18.112.030 Requesting reasonable accommodation. [18.135.030] A. Request. A disabled person may request a reasonable accommodation in the application of the city’s land use and zoning regulations. 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 conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the city’s land use and zoning regulations.
B. Availability of information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the public information counters in the planning division, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the director.
Item 10.3
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Chapter 18.112 REASONABLE ACCOMMODATION
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
C. Assistance. If an applicant needs assistance in making the request, the planning division will endeavor to provide the assistance necessary to ensure that the process is available to the applicant.
D. Balancing rights and requirements. The city will attempt to balance (1) the privacy rights and reasonable request of an applicant for confidentiality, with (2) the land use requirements for notice and public hearing, factual findings and rights to appeal, in the city’s requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation. (Ord. 838 § 1, 2009)
18.112.040 Application requirements. [18.135.040]
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:
1. The applicant’s name, address and telephone number;
2. Address of the property for which the request is being made;
3. The name and address of the property owner, and the owner’s written consent to the application;
4. The current actual use of the property;
5. The basis for the claim that the individual is considered disabled under the fair housing laws: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person’s medical, physical or mental limitations;
6. The rule, policy, practice and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested;
7. The type of accommodation sought;
8. The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s).
Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;
9. Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and
10. Other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with fair housing laws.
B. Review with other land use applications. If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit, architectural review, 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.
C. Fee. The fee for an application for reasonable accommodation shall be established by resolution of the city council. (Ord. 838 § 1, 2009)
18.112.050 Approval authority – Notice – Decision. [18.135.050] A. Approval authority.
1. 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 A.2 of this section. The zoning administrator may refer the matter to the planning commission or architectural review commission, as appropriate.
Item 10.3
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Chapter 18.112 REASONABLE ACCOMMODATION
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
2. 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 encroachment into the front yard setback area, results in a building size increase above what is allowed in the applicable zoning district with respect to height, lot coverage and floor area ratio maximums, or whenever a reduction in required parking is requested.
3. Architectural review commission. The architectural review 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.
B. Notice. 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 pursuant to the requirements of PHMC § 18.80.030.
C. Decision. The zoning administrator shall render a decision or refer the matter to the planning commission or architectural review commission within 30 days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in PHMC § 18.112.060. The decision shall be in writing and mailed to the applicant and to all residents and property owners within 300 feet of the project site.
If the application for reasonable accommodation involves another discretionary decision, the reviewing body for that decision shall accept as final the determination regarding reasonable accommodation by the zoning administrator, unless the reasonable accommodation request has been referred by the zoning administrator to the planning commission or architectural review commission for consideration.
If the application for reasonable accommodation is referred to, or reviewed by, the planning commission or architectural review commission, a decision to approve, approve with conditions or deny the application shall be rendered within 20 working days after the close of the public hearing, based on the findings set forth in PHMC §
18.112.060. (Ord. 838 § 1, 2009)
18.112.060 Findings – Other requirements. [18.135.060]
A. Findings. The reviewing authority shall approve the application, with or without conditions, if it can make the following findings:
1. The housing will be used by a disabled person;
2. The requested accommodation is necessary to make specific housing available to a disabled person;
3. The requested accommodation would not impose an undue financial or administrative burden on the city; and
4. The requested accommodation would not require a fundamental alteration in the nature of a city program or law, including land use and zoning.
B. Other requirements.
1. An approved request for reasonable accommodation is subject to the applicant’s compliance with all other applicable zoning regulations.
2. A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land.
3. Where appropriate, the reviewing authority may condition its approval on any or all of the following:
a. Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;
Item 10.3
City Council Meeting Agenda - Page 1762 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.112 REASONABLE ACCOMMODATION
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024. b. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists; c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;
d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;
e. Measures to reduce the impact on surrounding uses;
f. Measures in consideration of the physical attributes of the property and structures; g. 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; and h. Other conditions necessary to protect the public health, safety and welfare. (Ord. 838 § 1, 2009)
18.112.070 Appeal. [18.135.070]
A decision by the zoning administrator may be appealed to the planning 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 of PHMC Chapter 18.130. (Ord. 838 § 1, 2009) 1 Govt. Code § 12927(c)(1), (l) and § 12955(l); 42 U.S.C. § 3604(f)(3)(B); 28 C.F.R. § 35.150 (a)(3).
Item 10.3
City Council Meeting Agenda - Page 1763 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.115 ARCHITECTURAL REVIEW PERMITS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.115 [18.120]
ARCHITECTURAL REVIEW PERMITS
Sections:
18.115.010 Requirement – Purpose. [18.120.010]
18.115.020 Approval authority. [18.120.020]
18.115.030 Procedures – Application, notice and hearing, decision, effective date, appeal. [18.120.030]
18.115.040 Scope of review. [18.120.030]
18.115.050 Conditions of approval. [18.120.040]
18.115.060 Lapse and renewal – Changes to plans. [18.120.050]
18.115.070 Resubmittal of application. [18.120.060]
18.115.010 Requirement – Purpose. [18.120.010]
A. Requirement. An architectural review permit is required before issuance of a building permit for each building elevation, landscape plan and site plan relating to the following:
1. Any project other than a single-family residence;
2. A single-family residence at the time of initial construction, but not for remodeling, additions, or accessory structures; however, staff level review of such structures for substantial conformance with the city-wide design guidelines shall occur as part of the building permit plan review and approval process.
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 and appurtenances thereto.
B. Purpose. The purpose of architectural review is to evaluate the interdependence of property values and aesthetics, and to provide a method to promote sound land use development. More specifically, architectural review is intended to:
1. Ensure excellence of architectural design;
2. Ensure that siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located;
3. Ensure that plans for the landscaping of open spaces conform with the requirements of this chapter and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites, and blend harmoniously with the natural landscape;
4. Prevent excessive and unsightly grading of hillsides, and preserve natural landforms and existing vegetation; and
5. Ensure compliance with city-wide objective design standards;
6. Ensure compliance with city-wide design guidelines. (Ord. 955 § 5, 2022; Ord. 856 § 2 (Exh. A), 2011; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.1, 1996; 1991 code § 35-32.1)
18.115.020 Approval authority. [18.120.020]
A. Architectural review commission. Except as provided in subsections B and C of this section, the architectural review commission has the authority to approve architectural review permits. The architectural review commission is established under PHMC Chapter 3.10.
Item 10.3
City Council Meeting Agenda - Page 1764 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.115 ARCHITECTURAL REVIEW PERMITS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
B. Zoning administrator. The zoning administrator has the authority to approve an architectural review permit for any of the following improvements if the zoning administrator finds that such improvements will not have a significant visual impact.
1. A minor alteration to an existing structure in a PUD, PPD or HPUD development that is consistent with the original approval and has the approval of the homeowners’ association, if one exists;
2. A minor alteration to an existing structure in the RB, NB, C, PAO or LI district that is consistent with the original approval. Minor alterations include improvements such as repainting, landscape modification, and window replacements;
3. An addition or repair to an existing structure if the exterior is not altered.
The zoning administrator may, in his or her discretion, refer an application directly to the architectural review commission.
C. Streamlined ministerial review. Residential development projects qualifying for streamlined permit review, as established under PHMC § 18.20.040.K, shall be subject to a ministerial architectural review process. (Ord. 964 § 22, 2023; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.2, 1996; 1991 code § 35-32.2)
18.115.030 Procedures – Application, notice and hearing, decision, effective date, appeal. [18.120.030] A. Application. An applicant for an architectural review permit shall submit a complete application accompanied by plans and materials in the form approved by the department. The zoning administrator may waive submission of items deemed unnecessary to determine compliance with applicable requirements of this chapter. An application is considered to be complete if it is in accordance with PHMC § 18.75.030.
B. Notice and hearing. The architectural review commission shall hold a hearing on the application. The hearing is open to the public, but no notice is required except to the applicant. No notice or hearing is required for an application to be considered by the zoning administrator under this section.
C. Decision. Within 20 working days following completion of the hearing, the commission shall approve, conditionally approve, or deny the 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.
D. Effective date. A decision under this chapter takes effect at the end of the time allowed for an appeal, which is 10 calendar days after notice of the decision is mailed. If the decision is appealed, the decision is not final until the appeal process under PHMC Chapter 18.130 has been exhausted.
E. Appeal. A decision of the zoning administrator under this chapter may be appealed to the architectural review commission, and a decision of the architectural review commission may be appealed to the city council, all in accordance with the appeal procedures of PHMC Chapter 18.130.
F. Projects with multiple discretionary applications. Notwithstanding subsections C through E of this section, for projects requiring a discretionary permit approval from the planning commission and/or city council in addition to approval of an architectural review permit, the planning commission and/or city council shall be the final decisionmaker for the architectural review permit and any action of the architectural review commission shall be considered advisory to the planning commission and/or city council. (Ord. 921 § 3, 2018; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.4, 1996; 1991 code § 35-32.4)
18.115.040 Scope of review. [18.120.030]
In approving an architectural review permit, 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:
A. Excellence of design;
B. Height, bulk and coverage of buildings;
Item 10.3
City Council Meeting Agenda - Page 1765 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.115 ARCHITECTURAL REVIEW PERMITS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
C. Colors, building materials, and types of building and installations; D. Physical and architectural relation with existing and proposed structures in the area and to the site’s location within the city;
E. Site layout, orientation and location of buildings, and relationship with property boundaries and open areas; F. Height, materials, colors and variations in boundary walls, fences, or screen planting; G. Location and type of landscaping, including but not limited to setback areas and off-street parking areas; H. Appropriateness of sign design and exterior lighting standards and devices and other building graphics, pursuant to criteria established in PHMC § 18.60.050 and the sign design guidelines adopted under PHMC § 18.60.090; and I. The extent of grading and its relationship to topography, as related to visual impacts. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.6, 1996; 1991 code § 35-32.6)
18.115.050 Conditions of approval. [18.120.040]
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, yard setbacks, ridgeline and creek setbacks, parking or loading or signs more restrictive than those prescribed by the planning commission and the district regulations or a valid use permit or variance. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.8, 1996; 1991 code § 35-32.8)
18.115.060 Lapse and renewal – Changes to plans. [18.120.050] A. Lapse of approval. An architectural review permit lapses one year from its effective date unless:
1. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
2. An occupancy permit has been issued; or
3. The approval is renewed by the architectural review commission.
B. Changed plans. The zoning administrator may approve a change to the approved plans or to the conditions of approval upon a written determination that the change is minor and consistent with the intent of the original approval. A revision involving a substantial change in project design or a condition of approval requires a new application and approval, for modification of the condition. If the zoning administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original architectural review permit. (Ord. 856 § 2 (Exh. A), 2011; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.10, 1996; 1991 code § 35-32.10)
18.115.070 Resubmittal of application. [18.120.060]
Following denial of an application for architectural review, no new application for the same, or substantially the same, architectural review plan shall be accepted within one year of the date of denial, unless the denial was made without prejudice. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.12, 1996; 1991 code § 35-32.12) Item 10.3
City Council Meeting Agenda - Page 1766 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.120 DEVELOPMENT AGREEMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
Chapter 18.120 [18.190]
DEVELOPMENT AGREEMENTS
Sections:
18.120.010 Purpose. [18.190.010]
18.120.020 Application requirements. [18.190.030]
18.120.030 Contents of development agreement. [18.190.040]
18.120.040 Review process. [18.190.050]
18.120.050 Department review and recommendation – Notice and public hearing. [18.190.050]
18.120.060 Planning commission action. [18.190.060]
18.120.070 City council action. [18.190.060]
18.120.080 Annual review. [18.190.080]
18.120.090 Amendment or cancellation. [18.190.090]
18.120.100 Administration. [18.190.100]
18.120.010 Purpose. [18.190.010]
In order 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 accordance 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 state law. (Reference: Govt. Code §§ 65864 – 65869.5) (Ord. 710 § 35-33.1, 1996; 1991 code § 35-
33.1)
18.120.020 Application requirements. [18.190.030]
An applicant may propose that the city consider entering into a development agreement by filing a complete application with the public works and community development department accompanied by plans and materials in the form approved by the department. (Ord. 710 § 35-33.2, 1996; 1991 code § 35-33.2)
18.120.030 Contents of development agreement. [18.190.040] A. A development agreement shall specify all of the following: the duration of the agreement; the permitted uses of the property, including mix and type of uses; the density or intensity of use; the maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes.
B. A development agreement may:
1. Include conditions, terms, restrictions, and requirements for subsequent discretionary actions; provided, that such conditions, terms, restrictions, and requirements shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement;
2. Provide that construction shall be commenced within a specified time and that the project or any phase be completed within a specified time;
3. Include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time;
4. Provide that a particular rule, regulation or policy will apply as it exists at the time of building permit issuance (for example, building code standards and development processing and impact fees);
5. Provide for specific penalties for failure to perform.
C. Unless otherwise provided by the development agreement, the rules, regulations, and official policies applicable to development of the property subject to a development agreement shall be those rules, regulations, and official Item 10.3
City Council Meeting Agenda - Page 1767 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.120 DEVELOPMENT AGREEMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024. policies in effect at the time of agreement execution. In subsequent actions applicable to the project, the city may apply new rules, regulations, and policies which do not conflict with those rules, regulations, and policies in effect at the time of the agreement, and may deny or conditionally approve the project on that basis. No rights shall be deemed to vest in the applicant or any other person under any development agreement, except as set forth in the development agreement.
D. Development agreements shall be limited to a period not to exceed a maximum of 10 years from the effective date of the adopting ordinance. (Ord. 710 § 35-33.4, 1996; 1991 code § 35-33.4)
18.120.040 Review process. [18.190.050]
City staff shall not begin to negotiate with the applicant until the city council has so authorized staff, following completion of the review process as set forth below.
A. The zoning administrator shall review the proposal, consult with all city departments, and obtain such additional information from the applicant as may be deemed necessary by the zoning administrator. Within 45 calendar days of receipt of the application, the zoning administrator shall prepare a report to the city council containing the zoning administrator’s recommendation. The recommendation shall consist of the following:
1. A statement of potential public benefits and costs accruing to the city if the agreement were entered into;
2. A recommendation as to whether the city should negotiate further with the applicant;
3. A statement whether the application meets the minimum statutory requirements for a development agreement, as set forth in PHMC § 18.120.030.A;
4. A statement of issues for further research and investigation, and issues that should be addressed in the development agreement;
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.
B. Upon completion of the report, the matter shall be set for a public hearing before the city council at its next regularly scheduled meeting. Notice of the hearing shall be given in accordance with PHMC Chapter 18.80. The city council shall consider at the hearing whether to authorize city staff to negotiate with the applicant concerning the development agreement.
C. Upon the close of the hearing, the city council shall by resolution either:
1. Direct city staff to continue negotiating with the applicant, and to prepare a proposed development agreement for planning commission review; or
2. Determine that no further negotiations are desirable and reject the application. (Ord. 710 § 35-33.6, 1996; 1991 code § 35-33.6)
18.120.050 Department review and recommendation – Notice and public hearing. [18.190.050] A. Department review and recommendation. If the city council has directed the staff to proceed with the application under PHMC § 18.120.030, the department shall, at the applicant’s expense, undertake environmental review in accord with city guidelines for CEQA implementation (unless the project is categorically exempt). Upon completion of the review, the department shall transmit the application, together with its recommendations and appropriate environmental review documents, to the planning commission.
B. Notice and public hearing. Within six months following council authorization to staff to negotiate with the applicant, a public hearing shall be scheduled before the planning commission. The city and the applicant may agree to a later date. Notice of intention to consider the application shall be given as provided in PHMC Chapter 18.80. If the application is being processed together with a development project, notice of the public hearing shall also be given as required for consideration of the development project. (Ord. 710 § 35-33.8, 1996; 1991 code § 35-33.8) Item 10.3
City Council Meeting Agenda - Page 1768 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.120 DEVELOPMENT AGREEMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
18.120.060 Planning commission action. [18.190.060]
After the public hearing is closed, the commission shall recommend either approval, modification, or disapproval of the proposed development agreement. The commission shall transmit its recommendation to the city council within 30 calendar days.
In making its recommendation, the commission shall consider whether the proposal conforms to the general plan and any applicable specific plan, and whether the proposal contains the minimum statutory requirements of Government Code section 65865.2, as set forth in PHMC § 18.120.030.A. (Ord. 710 § 35-33.10, 1996; 1991 code § 35-33.10)
18.120.070 City council action. [18.190.060]
A. Upon receipt of the application, the results of the environmental review, and the recommendations of the department and the planning commission, the city council shall schedule a public hearing on the application. Notice of intention to consider the application shall be given in the manner set forth in PHMC Chapter 18.80.
B. 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.
C. After the public hearing is closed, the city council shall approve, modify, or disapprove the proposed development agreement. An agreement shall not be approved unless the city council finds that:
1. The agreement is consistent with the general plan and with any specific plan;
2. The agreement is consistent with this title, the city code, and the State Subdivision Map Act;
3. 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;
4. The city council has considered 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;
5. The city council has considered the statement of potential public benefits and costs accruing to the city.
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.
D. No agreement shall be signed by the city manager until it has been duly signed by the applicant and owner, if the applicant is not the owner. If the applicant has not signed and returned the approved agreement to the city manager for signing within 30 calendar days of council approval, the application is deemed withdrawn by applicant.
E. Within 10 calendar days after the city manager signs a development agreement and the ordinance becomes effective, the city clerk shall cause a copy to be recorded in the office of the county recorder.
F. Following denial of an application for a development agreement, no new application for the same, or substantially the same, development agreement shall be accepted within one year of the date of denial, unless the denial was made without prejudice. (Ord. 710 § 35-33.12, 1996; 1991 code § 35-33.12)
18.120.080 Annual review. [18.190.080]
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.
B. The purpose of the review is to inquire into the good faith compliance of the applicant with the terms of the agreement and for any other purpose specified in the agreement.
Item 10.3
City Council Meeting Agenda - Page 1769 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.120 DEVELOPMENT AGREEMENTS
The Pleasant Hill Municipal Code is current through Ordinance 967, passed January 8, 2024.
C. Before each review, the public works and community development department shall prepare a report on all development that has occurred under the agreement since the last review and any other matters the department wishes to bring to the council’s attention.
D. If the department review determines that all terms of the agreement have been met, and the council concurs, no further review is required.
E. If, as the result of the review, the city council finds and determines that the applicant or successor in interest has not complied in good faith with the terms of the agreement, the city may terminate or modify the agreement or impose penalties as provided in the agreement. (Reference: Govt. Code § 65865.1.) F. If the department recommends modification or termination of the agreement, a public hearing shall be scheduled before the planning commission on the agreement. Notice of intention to modify or terminate the agreement shall be given in the same manner as the initial consideration under PHMC Chapter 18.80. At the hearing, the applicant has the burden of demonstrating good faith compliance with the terms of the agreement. After closing the public hearing, the planning commission shall determine whether to recommend that the agreement be terminated, modified, or confirmed as is.
G. 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 agreement shall be given in the same manner as the initial consideration under PHMC Chapter 18.80. 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 modify or terminate the agreement.
Any modification or termination must be done by ordinance, and is subject to Government Code section 65867.5. (Ord. 710 § 35-33.14, 1996; 1991 code § 35-33.14)
18.120.090 Amendment or cancellation. [18.190.090]
The agreement may be amended or canceled: (A) to comply with later enacted federal or state laws or regulations, under Government Code section 65869.5; or (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, under PHMC Chapter 18.80, except that the parties may set forth 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. (Ord. 710 § 35-33.16, 1996; 1991 code § 35-33.16)
18.120.100 Administration. [18.190.1000]
The zoning administrator shall prepare and adopt such application forms, checklists, and other documents as considered necessary to implement these procedures and requirements. (Ord. 710 § 35-33.18, 1996; 1991 code § 35-
33.18)
Item 10.3
City Council Meeting Agenda - Page 1770 of 2323 - Monday, October 20, 2025 Pleasant Hill Municipal Code
Chapter 18.125 ZONING ORDINANCE AMENDMENTS