Pleasant Hill City Zoning Code
PART 2
BASE DISTRICT REGULATIONS
§ 18.20.010 Specific purposes – Summary of residential districts.
A.
Specific purposes. In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of residential districts are to:
1.
Preserve, protect and enhance appropriately located areas for residential land use, consistent with the city-wide design guidelines, general plan, and the standards of public health and safety.
2.
Minimize the impacts of uses. Protect residents from the harmful effects of excessive noise, overcrowding, excessive traffic, insufficient parking and other adverse environmental effects.
3.
Achieve design compatibility between new multifamily development and surrounding less intensive residential neighborhoods by establishing physical development standards and performance standards.
4.
Ensure adequate provisions for sites, with reasonable access to public services, for appropriate public and semipublic land uses, including care facilities, needed to complement residential development or that require a residential environment. At the same time, protect the relatively quiet, primarily noncommercial, family atmosphere of neighborhoods.
5.
Minimize the out-of-scale appearance of large homes, parking areas, and other development relative to their lot size and to other homes in a neighborhood.
6.
Minimize transient occupancy (other than transitional housing), where occupants may have few or no bonds with the community, thereby diminishing the sense of community in a particular neighborhood.
7.
Provide for certain care facilities to benefit disabled persons while ensuring that such uses do not create an institutional environment that would defeat the purpose of community-based care (either by overconcentration or by impacts of the use).
B.
Summary of residential districts. Eleven residential districts are established to carry out these purposes:
1.
R-20 and R-15 single-family residential districts. The R-20 and R-15 districts allow for low density single-family residential land use, at densities from 1.3 to 3 units per net acre subject to appropriate standards. In the R-20 district the minimum lot size is 20,000 square feet. In the R-15 district, the minimum lot size is 15,000 square feet.
2.
R-10 and R-10A single-family residential districts. The R-10 and R-10A districts allow for medium density single-family residential land use at densities from 3.1 to 4.5 units per net acre, subject to appropriate standards. In the R-10 district the minimum lot size is 10,000 square feet. In the R-10A district, the average lot size is 10,000 square feet or more and the minimum lot size is 7,000 square feet.
3.
R-7 and R-6 single-family residential districts. The R-7 and R-6 districts allow for high density single-family residential land use at densities from 4.6 to 7.3 units per net acre subject to appropriate standards. In the R-7 district the minimum lot size is 7,000 square feet. In the R-6 district, the minimum lot size is 6,000 square feet.
4.
MRVL very low density multiple-family residential district. The MRVL district allows multifamily residential uses, including duplexes, townhouses and attached or detached single-family homes on small lots; all with landscaped open space at a density between 7 and 11.9 units per acre.
5.
MRL low density multiple-family residential district. The MRL district allows multifamily residential uses including duplexes, townhouses, and single-family attached homes with zero lot line, mobile homes or cluster housing; all with landscaped open space at a density between 12 and 19.9 units per acre.
6.
MRM medium density multiple-family residential district. The MRM district allows multifamily residential uses including townhouses, mobile homes, condominiums or apartments at a density between 20 and 29.9 units per acre.
7.
MRH high density multiple-family residential district. The MRH district allows for intensive multifamily residential uses including townhouses, condominiums and apartments with a density range between 30 and 40 units per acre.
8.
MRVH high density multi-family residential district. The MRVH district allows for intensive multi-family residential uses including studio flats, condominiums, and apartments with a density range between 40 and 73 units per acre.
9.
HPUD residential hillside planned unit development. The HPUD allows for limited residential development including townhouses, condominiums and single-family homes on parcels having an average slope of 15% or greater. The following parcels shall be exempt from the HPUD standards established in this title: (Reference: PHMC Chapter 18.35.)
10.
PUD residential planned unit development. The PUD allows for a total number of dwelling units that does not fall below the minimum number or exceed the maximum number permitted by the general plan for the total area allocated to residential use. (See also Gov't Code § 65589.5.)
C.
Per Government Code section 65583.2, subdivisions (c), (h), and (i) lower-income sites including: those in the sites inventory with a proposed zoning change to meet the RHNA shortfall, vacant sites identified in two previous housing elements, and nonvacant sites identified in the previous housing element shall allow owner-occupied and rental multifamily uses permitted by right (without discretionary approval) for developments in which 20 percent or more of the units are affordable to lower income households, accommodate a minimum of 16 units per site, and include a minimum density of 20 units per acre. "By right" means that a conditional use permit, planned unit development permit, or other discretionary review or approval is not required.
(1991 code § 35-5.1; Ord. 710 § 35-5.1, 1996; Ord. 796 § 2, 2005; Ord. 856 § 2 (Exh. A), 2011; Ord. 867 § 4, 2012; Ord. 967 § 3, 2024; Ord. 970 § 5, 2024)
§ 18.20.020 Land use regulations for all residential districts.
In Schedule 18.20.020, the uses allowed for each residential zoning district are established by letter designations as follows:
"P" designates use classifications permitted in residential districts.
"U" designates use classifications permitted on approval of a use permit.
"T" designates use classifications permitted on approval of a temporary use permit.
"L" followed by a number designates use classifications subject to certain limitations listed by number following the schedule.
"P/U" designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.
The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution under PHMC § 18.15.010. The "Additional Use Regulations" column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this title.
SCHEDULE 18.20.020 R AND MR DISTRICTS: LAND USE REGULATIONS | P U T L – | Permitted Use Permit Required Temporary Use Permit Required Limited (see specific limitations listed following schedule) Not Permitted | |||||||
|---|---|---|---|---|---|---|---|---|---|
R-20 R-15 | R-10 R-10A | R-7 R-6 | MRVL | MRL | MRM | MRH | MRVH | Additional Use Regulations | |
Residential Uses | |||||||||
Accessory dwelling unit | See PHMC § 18.20.095. | ||||||||
Accessory, junior, dwelling unit | See PHMC § 18.20.095. | ||||||||
Bed and breakfast | – | – | – | – | – | – | – | – | |
Care facility, small, licensed | P | P | P | P | P | P | P | P | |
Care facility, small, unlicensed | U | U | U | U | U | U | U | U | See PHMC § 18.20.075. |
Emergency homeless shelter | U | U | U | – | – | – | – | – | Only on church or school sites. See PHMC § 18.20.085.B and C. |
Family day care home, up to 14 children | P | P | P | P | P | P | P | P | |
Group residential | – | – | – | P | P | P | P | P | |
Home occupation | P | P | P | P | P | P | P | P | See PHMC § 18.20.070. |
Multifamily residential | – | – | – | P | P | P | P | P | |
Senior housing | P | P | P | P | P | P | P | P | |
Single-room occupancy | – | – | – | U | U | U | U | U | See PHMC § 18.20.085. |
Single-family residential | P | P | P | P | P | P | P | P | |
with boarder or lodger | P | P | P | P | P | P | P | P | No more than 3 boarders or lodgers. |
Supportive housing | P | P | P | P | P | P | P | P | |
Transitional housing | P | P | P | P | P | P | P | P | |
Public and Semipublic | |||||||||
Care facility, large, licensed or unlicensed | – | – | – | U | U | U | U | U | See PHMC § 18.20.075. |
Cemetery | U | U | U | U | U | U | U | U | |
Clubs and lodges | U | U | U | U | U | U | U | U | |
Community center | U | U | U | U | U | U | U | U | |
Cultural institutions | U | U | U | U | U | U | U | U | |
Day care, general | U | U | U | U | U | U | U | U | L-1 |
Park and recreational facilities | U | U | U | U | U | U | U | U | |
Public safety facilities | U | U | U | U | U | U | U | U | |
Offender rehabilitation services | – | – | – | – | – | – | – | – | |
Religious assembly | U | U | U | U | U | U | U | U | |
Schools, public or private | U | U | U | U | U | U | U | U | |
Utilities, major | U | U | U | U | U | U | U | U | |
Utilities, minor | P | P | P | P | P | P | P | P | |
Wireless telecommunications facility | L-3 | L-3 | L-3 | L-3 | L-3 | L-3 | L-3 | L-3 | See PHMC Chapter 18.67. |
Commercial Uses | |||||||||
Animal sales and service | – | – | – | – | – | – | – | – | Only animal boarding and riding academies. |
Horticulture, limited | U | U | U | U | U | U | U | U | |
Accessory Uses | P/U | P/U | P/U | P/U | P/U | P/U | P/U | P/U | See PHMC § 18.20.050. |
Temporary Uses | See PHMC Chapter 18.100. | ||||||||
Agricultural sales | T | T | – | – | – | – | – | – | See L-7. |
Animal shows or sales | – | T | T | – | – | – | – | – | See L-2 and L-5. |
Arts and crafts show outdoors | – | T | T | – | – | – | – | – | See L-2 and L-5. |
Christmas tree sales | – | T | T | – | – | – | – | – | See L-2 and L-7. |
Civic and community events | – | T | T | – | – | – | – | – | See L-2 and L-6. |
Commercial filming, limited | – | T | T | – | – | – | – | – | See L-2 and L-6. |
Live entertainment events | – | T | T | – | – | – | – | – | See L-2, L-4 and L-6. |
Outdoor exhibits | – | T | T | – | – | – | – | – | See L-2 and L-6. |
Personal property sales | P | P | P | P | P | P | P | P | See L-5. |
Pumpkin sales | – | T | T | – | – | – | – | – | See L-2 and L-7. |
Recreational events | – | T | T | – | – | – | – | – | See L-2 and L-6. |
Religious or group assembly events | – | T | T | – | – | – | – | – | See L-2 and L-6. |
Street fairs | T | T | T | T | T | T | T | T | See L-7. |
Swap meet | – | T | T | – | – | – | – | – | See L-2 and L-5. |
Trade fairs | – | T | T | – | – | – | – | – | See L-2 and L-5. |
Nonconforming Uses | See PHMC Chapter 18.65. | ||||||||
R and MR Districts: Limitations on Specific Use Classifications | |
|---|---|
L-1 | Minimum site area of 10,000 square feet. |
L-2 | Minimum site area of one acre. |
L-3 | Minimum site area of three acres. |
L-4 | See PHMC § 18.25.090 for live entertainment standards. |
L-5 | Not more than six occurrences during a calendar year. Each occurrence shall not exceed two consecutive days. |
L-6 | Not more than four occurrences during a calendar year. Each occurrence shall not exceed seven consecutive days. |
L-7 | Not more than six occurrences during a calendar year, for not more than 14 consecutive days per occurrence. |
(1991 code § 35-5.2; Ord. 710 § 35-5.2, 1996; Ord. 727 §§ 9, 12, 1998; Ord. 768 § 5, 2003; Ord. 796 § 3, 2005; Ord. 837 § 3, 2009; Ord. 856 § 2 (Exh. A), 2011; Ord. 865 § 2, 2012; Ord. 867 § 5, 2012; Ord. 874 § 3, 2013; Ord. 890 § 9, 2015; Ord. 910 § 2, 2017; Ord. 915 § 4, 2017; Ord. 934 § 3, 2019; Ord. 938 § 3, 2020; Ord. 964 § 6, 2023; Ord. 967 § 4, 2024)
§ 18.20.030 Development regulations for all residential districts.
A.
Schedule 18.20.030 prescribes development regulations for residential districts. The "Additional Development Regulations" column refers to PHMC § 18.20.040, additional development regulations, or to regulations located elsewhere in this chapter.
C.
Regulations applicable to all zoning districts, included in Part 4, set forth requirements for:
4.
Nonconforming uses and structures (PHMC Chapter 18.65).
SCHEDULE 18.20.030 DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
R-20 | R-15 | R-10 | R-10A | R-7 | R-6 | MRVL | MRL | MRM | MRH | MRVH | Additional Development Regulations (See PHMC § 18.20.040) | |
Minimum Site Area per Dwelling Unit (sq. ft.) | 20,000 | 15,000 | 10,000 | 10,000 | 7,000 | 6,000 | 3,500 | 2,500 | 1,500 | 1,150 | 600 | |
Minimum Lot Area (sq. ft.) | 20,000 | 15,000 | 10,000 | 7,000 | 7,000 | 6,000 | 10,000 | 10,000 | 8,500 | 8,000 | 8,000 | A, B |
Minimum Lot Width (feet) | 100 | 100 | 80 | 70 | 70 | 60 | 70 | 70 | 80 | 80 | 80 | |
Minimum Lot Depth (feet) | 120 | 100 | 90 | 90 | 90 | 90 | 90 | 90 | 90 | 90 | 90 | |
Front Setback (feet) | 25 | 20 | 20 | 20 | 20 | 20 | 15 | 15 | 10 | 10 | 10 | C |
Rear Setback (feet) | 15 | 15 | 15 | 15 | 15 | 15 | 15 | 15 | 15 | 15 | 15 | D, J |
Corner Side Setback (feet) | 15 | 15 | 15 | 15 | 15 | 15 | 15 | 15 | 10 | 10 | 10 | C, D, J |
Side Setback (feet) | 15 | 10 | 5 | 5 | 5 | 5 | 10 | 10 | 10 | 5 | 5 | D, E, J |
Aggregate Side Setback (feet) | 35 | 25 | 15 | 15 | 15 | 15 | 20 | 20 | 20 | 10 | 10 | D, E, J |
Creek Setbacks | – | – | – | – | – | – | – | – | – | – | – | See PHMC § 18.50.150 regarding creek setbacks. |
Maximum Building Height (feet) | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 35 | 40 | 50 | 60 | |
Maximum Number of Stories | 2.5 | 2.5 | 2.5 | 2.5 | 2.5 | 2.5 | – | – | – | – | – | |
Maximum Lot Coverage | 25% | 25% | 30% | 35% | 35% | 35% | 40% | 40% | 50% | 60% | 70% | L |
Maximum Floor Area Ratio | 40% | 40% | 40% | 40% | 40% | 40% | – | – | – | – | – | M |
Open Space | – | – | – | – | – | – | – | – | – | – | – | F, G |
Scenic Route | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | 50 | |
Minimum Site Landscaping | – | – | – | – | – | – | 35% | 35% | 30% | 25% | 15% | H |
Fences and Walls | – | – | – | – | – | – | – | – | – | – | – | I |
Supplemental Regulations | – | – | – | – | – | – | – | – | – | – | – | |
Nonconforming Structures | – | – | – | – | – | – | – | – | – | – | – | See PHMC Chapter 18.65. |
City-Wide Objective Design Standards | – | – | – | – | – | – | – | – | – | – | – | See PHMC § 18.20.040.K. |
(1991 code § 35-5.4; Ord. 710 § 35-5.4, 1996; Ord. 796 § 4, 2005; Ord. 844 § 3 (Exh. A), 2010; Ord. 856 § 2 (Exh. A), 2011; Ord. 890 § 10, 2015; Ord. 949 § 4, 2021; Ord. 955 § 3, 2022; Ord. 964 § 6, 2023; Ord. 967 § 5, 2024; Ord. 970 § 6, 2024)
§ 18.20.040 Additional development regulations corresponding to Schedule 18.20.030.
A.
Minimum site area for certain uses. The minimum site area shall be 10,000 square feet for the following use classifications: general day care, general residential care, and public or private schools.
B.
Minimum required lot area. Minimum required lot area shall be "net" as defined in PHMC § 18.140.010; except, for minor subdivisions located within the R-6 through R-10 zone districts, comprised of not more than two parcels, the following exception may be approved by the zoning administrator and/or the planning commission when considering approval of the minor subdivision:
1.
The area of any private driveway access easement required to meet minimum fire district standards, up to a maximum of 30% of the gross lot area, may be included in determining compliance with minimum lot area requirements; provided, that the decision-making authority on the minor subdivision finds that there is no other feasible method for the minor subdivision to comply with minimum fire district standards and also comply with minimum lot area requirements; and
2.
The gross lot area of each parcel in the proposed minor subdivision complies with the lot area required by the general plan.
C.
Corner or double-frontage lots. Double-frontage lots shall have a front yard on each frontage. Corner lots shall have a front yard on each frontage: the front side and the corner side yard (usually the longest frontage; see PHMC Chapter 18.140, definition of "yard types"). On a corner lot where the entry to the dwelling is on the corner side, this corner side may be used as the front yard; provided, that: (1) all other yard setbacks are in compliance with PHMC § 18.20.030; and (2) garages (attached or detached) with driveway access from the corner side property line are set back a minimum of 20 feet from the corner side property line. (See off-street parking and loading regulations, PHMC § 18.55.150.)
D.
Building height, required yards, and stepbacks. In addition to all applicable standards established in this chapter, buildings taller than 35 feet in height located on a parcel adjacent to a single-family residential zone shall use a minimum of one of the following techniques:
1.
Stepbacks. The building shall be designed to "stepback" upper floors at least one foot for every one foot of increased building height above 35 feet. For example, consider a building with a proposed height of 40 feet. The height of the main wall of the building base would start at 35 feet at the required side and/or rear yard line, then increase by one foot for every foot beyond the side/rear yard line until it attains the height of 40 feet at a minimum distance of five feet behind the side/rear yard line.
2.
Additional side and rear yard area. The required side and rear yards shall be increased by one foot for every one foot of structure height in excess of 35 feet, but not to exceed 10 additional feet. For example, a building with a proposed height of 40 feet would have to be set back an additional five feet from the required side/year yard lines.
BUILDING HEIGHT, AND REQUIRED YARDS, AND STEPBACKS  (The diagram is illustrative) |
E.
Zero-side yard development. A structure constructed in conformance with the standards for zero-side yard development in effect immediately before this chapter was adopted shall not be considered a nonconforming structure subject to PHMC Chapter 18.65; provided, that an exterior addition or enlargement shall require a use permit issued by the zoning administrator, and no addition or enlargement shall increase the existing floor area by more than 10% nor increase the lot coverage to more than 50%.
F.
Open space. Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two.
1.
Private open space. Private open space areas must comply with sections II.B.8 and II.B.9 of the adopted Residential Guidelines and Objective Design Standards (city council Resolution No. 18-22).
2.
Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky, and may not include driveways or parking areas, or areas required for front or corner side yards unless these yard areas are landscaped and usable.
G.
Park land dedication. Each residential unit is subject to the park land dedication requirements of the Pleasant Hill subdivision ordinance (PHMC Title 17).
H.
Planting areas. In addition to the minimum percentage of the site to be landscaped, listed in the schedule, the following requirements apply:
1.
Yards adjoining streets. All visible portions of a required yard adjoining a street that are not used for driveways or walks shall be landscaped. In R (single-family) districts, a minimum of 50% of the required front yard shall be maintained as landscaped area. Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required landscaped area. Landscaped area shall consist of plantings, lawn, mulch, decorative bark, approved decorative landscape features and other decorative pervious surfaces subject to the approval of the zoning administrator.
2.
Interior yards. In the MRVL and MRL districts, at least 50% of each required interior side yard and rear yard shall be landscaped having a minimum width of seven and one-half feet adjoining a side or rear property line. The width of a required landscaped area may be reduced to three feet in one side or rear yard adjoining a driveway or patio, and a nonresidential accessory structure may occupy a portion of the landscaped area in a rear yard.
3.
Notwithstanding subsection H.2 of this section and sections II.A.9 and II.B.13 in the adopted city-wide Design Guidelines and Objective Design Standards (city council Resolution No. 18-22) a continuous landscaped area having a minimum width of five feet shall be provided along interior property lines when an MRVL, MRL, MRM, MRH, MRVH zone district adjoins an R (single-family) district.
4.
Exception. Up to 50% of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas subject to architectural review or planning commission approval as part of a proposed project (see PHMC § 18.52.030.F).
I.
Fences and walls. The maximum height of any fence or wall (including a retaining wall) is six feet, except three feet within required front and corner side yards, unless otherwise specified below. For single-family residences on corner lots, a five-foot setback from the corner side property line is required for a wall or fence over three feet in height. (See also subsection C of this section.) Height is measured pursuant to PHMC § 18.145.050.B.
1.
Key lots. Where a corner lot abuts a key lot, a triangular area, 12 feet on each side, must remain unfenced.
KEY LOTS  |
* The above exhibit is provided for illustrative purposes only. |
2.
Rear property line exceptions. On a lot with a rear lot line abutting a public trail, canal, East Bay Municipal Utility District right-of-way or public street, the maximum rear yard fence height is eight feet.
3.
Fences with retaining walls. The height is measured as the combined height of a retaining wall, fence, wall or screen (not to exceed a maximum height of six feet measured from the higher side of the adjacent grade). A retaining wall is not included in the measurement if it is located so that its horizontal distance from the fence is equal to or greater than the height of the retaining wall. Height is measured pursuant to PHMC § 18.145.050.B.
5.
Prohibited fences. High voltage electrical fences, razor wire, barbed wire, and other materials which pose a safety hazard are strictly prohibited.
J.
Setbacks from vehicular easements. Minimum required yard setbacks shall be provided and measured from vehicular easement boundaries in the same manner that such setbacks are provided and measured from a public right-of-way.
K.
City-wide objective design standards. All single-family residential and multifamily residential development shall comply with objective design standards, as adopted by city council resolution.
1.
Streamlined residential projects. If a proposed residential development project qualifies for streamlined permit review, as determined by state law, the zoning administrator shall review the proposed project to verify compliance with the objective design standards applicable to such projects. Proposed residential development projects that comply with all objective design standards shall be processed ministerially. Qualifying projects that do not comply with the objective design standards shall be subject to the architectural review permit process, as specified in PHMC Chapter 18.115.
L.
Lot coverage for accessory dwelling units. Up to 800 square feet of floor area dedicated to an existing or proposed accessory dwelling unit shall be exempt from the maximum lot coverage calculations.
M.
Floor area ratio (FAR) for accessory dwelling units. Up to 800 square feet of floor area dedicated to an existing or proposed accessory dwelling unit shall be exempt from the maximum FAR calculations.
(1991 code § 35-5.5; Ord. 710 § 35-5.5, 1996; Ord. 727 §§ 5, 13, 1998; Ord. 745 § 1, 2000; Ord. 796 § 5, 2005; Ord. 856 § 2 (Exh. A), 2011; Ord. 890 § 11, 2015; Ord. 928 § 3, 2019; Ord. 949 §§ 4 – 6, 2021; Ord. 955 § 4, 2022; Ord. 964 § 6, 2023; Ord. 970 § 7, 2024)
§ 18.20.050 Accessory structures.
The following regulations apply to accessory structures in R districts. Accessory dwelling units are excluded from these provisions and are subject to the regulations in PHMC § 18.20.095:
A.
On parcels zoned R-6, R-7, R-10, R-10A and comparable PUDs:
1.
The total floor area of each accessory structure more than four feet in height shall not exceed 500 square feet. The maximum cumulative total for all accessory structures on the property shall not exceed 600 square feet.
2.
The height of an accessory structure shall not exceed 12 feet for a flat roof and 14 feet for a pitched roof:
a.
The height measurement is taken to the highest point of the structure.
b.
Roof decks and railings, windscreens or similar rooftop structures are prohibited on accessory structures.
c.
Shed roof structures shall be sited with the high point of the structure located away from the nearest property line.
3.
The side and rear yard setbacks from property line shall be:
a.
Structure less than or equal to 18 inches in height: none required.
b.
Structure between 18 inches and eight feet in height: three feet.
c.
Structure greater than eight feet in height: three feet plus an additional setback equal to the height that the accessory structure is above eight feet, but not to exceed the applicable minimum required side yard setback for that district.
4.
Accessory structures shall be reviewed for substantial conformance with city-wide design guidelines.
B.
On parcels zoned R-15, R-20 and comparable PUDs:
1.
The total floor area of each accessory structure more than four feet in height shall not exceed 600 square feet. The maximum cumulative total for all accessory structures on the property shall not exceed 800 square feet.
C.
On multifamily residential zoned parcels and comparable PUDs:
1.
The total floor area of each accessory structure more than four feet in height shall not exceed 500 square feet. The maximum cumulative total for all accessory structures on the property shall not exceed 600 square feet.
D.
In all other zoning districts:
1.
The total floor area of each accessory structure more than four feet in height shall not exceed 600 square feet. The maximum cumulative total for all accessory structures on the property shall not exceed 800 square feet.
F.
Any accessory structure in a creek setback area shall comply with PHMC § 18.50.150.D.
G.
An accessory structure in a required front or corner side yard shall not exceed three feet in height except that arbors are allowed within the required front or corner side yard, subject to the following standards:
(1991 code § 35-5.6(a); Ord. 710 § 35-5.6, 1996; Ord. 844 § 4, 2010; Ord. 856 § 2 (Exh. A), 2011; Ord. 890 § 12, 2015; Ord. 915 § 5, 2017; Ord. 928 § 4, 2019; Ord. 938 § 4, 2020; Ord. 949 § 7, 2021; Ord. 970 § 8, 2024)
§ 18.20.060 Inclusionary housing.
The following supplemental requirements are intended to implement the housing element of the general plan by providing housing for households with low and very low incomes in R districts:
A.
Requirement. Each housing development of five or more dwelling units shall include one of the following:
1.
At least 10% of the dwelling units as inclusionary units for occupancy by low-income households; or
2.
At least 5% of the dwelling units as inclusionary units for occupancy by very low-income households; or
4.
At least 20% of the dwelling units as inclusionary accessory dwelling units for occupancy by low-income households.
B.
Design standards and construction timing.
1.
Location and design. Inclusionary units shall be dispersed throughout the project. The developer shall construct the inclusionary units in a manner which is representative of the project as a whole, with comparable types of units, bedroom mix, and exterior appearance. From the street, the inclusionary units must not be distinguishable from other units in the project. The average number of bedrooms for all inclusionary units in a project must equal the average number of bedrooms for all other units in the project, up to a limit of 3.0 bedrooms per unit. The number of bathrooms per bedroom must equal the proportion of bathrooms in the market-rate units. Inclusionary units may be smaller in aggregate size and have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing.
2.
Timing of construction. The developer shall construct the inclusionary units concurrently with other units, unless the conditions of approval provide otherwise, or unless the city and developer agree in writing to an alternative schedule for development.
C.
Duration of restrictions. The developer shall assure the affordability of the inclusionary units by a deed restriction, with 55 or more years for for-sale housing and rental housing.
D.
Resale and rental restriction agreement. Before approval of a final map (for a subdivision) or issuance of a building permit (for a project not involving a subdivision), the developer shall enter into a resale and rental restriction agreement in a form approved by the city attorney in consultation with the city's housing coordinator. The agreement shall be recorded concurrently with the final map and shall include:
1.
The number of inclusionary dwelling units by type, location and number of bedrooms and bathrooms.
2.
Standards for maximum qualifying incomes and maximum sales prices or rents.
3.
Applicable certification procedures, including the party responsible for certifying rents and sales prices, and the process that will be used to annually certify incomes of tenants and purchasers.
4.
Resale controls and deed restrictions that are binding on the property upon sale or transfer.
5.
A liquidated damages provision making a developer or successor who violates these affordable housing restrictions subject to a $750.00 fine per month per unit from the date of original noncompliance.
E.
Security. When a developer intends to construct the inclusionary units, he or she must provide security to satisfy this requirement before approval of any final map (for a subdivision) or before a building permit is issued (if there is not a subdivision). The security shall be appropriate to the intended method of compliance, including one or more of the following:
1.
A deed restriction on specific lots totaling the correct percent of the reserved residential lots on the map, and a bond to cover the cost of constructing homes on those lots which are affordable to low- or very low-income households;
3.
A written agreement, with financial security, to provide accessory dwelling units or off-site construction; or
4.
Other appropriate security approved in writing by the city attorney.
F.
Off-site alternatives. As a complete or partial alternative to the provision of on-site inclusionary units pursuant to this section, the developer may propose a plan for providing affordable units that would otherwise be required to be provided on the project site at either:
1.
An off-site location within the city by acquiring existing unrestricted single-family or multifamily units located within the city and rehabilitating those dwelling units. At least four rehabilitated dwelling units shall be provided for each inclusionary unit required. These units shall comply with all provisions of subsections C and D of this section; or
2.
An off-site location within the city, in conjunction with a third party nonprofit affordable housing provider, by constructing, or funding the construction of, the equivalent number of required affordable units off site subject to city council approval of an off-site affordable housing agreement. The city may allow off-site construction if the proposal meets all of the following conditions:
a.
Financing or a viable financing plan, which may include public funding, shall be in place for the off-site affordable units;
b.
Construction of the off-site affordable units must be completed, or provision of funding by the developer for construction of the affordable units must be provided, as specified in a phasing/financing plan subject to city council approval;
c.
The third party nonprofit affordable housing developer shall enter into an affordable housing covenant with the city to ensure that the affordable housing units shall meet all applicable requirements of the city's inclusionary housing ordinance; and
The city may require that completion of off-site affordable units be secured as provided in subsection E of this section.
G.
In-lieu fees.
1.
Approval criteria. In extraordinary circumstances, the approving body may authorize the payment of a fee in lieu of providing the inclusionary units required under subsection A of this section as follows: (a) for projects of nine units or less; (b) for any fractional unit in projects of 10 or more units; or (c) if the developer demonstrates, in connection with the first approval for the development (tentative subdivision map, or development plan if no subdivision is involved), that specific characteristics of the development site make the site unsuitable for households at the required income levels. Whenever the approving body authorizes the payment of an in-lieu fee, the in-lieu fee determination shall be automatically referred to the city council or redevelopment agency, as appropriate, for review and approval.
2.
Calculation of fee. The in-lieu fee shall be established annually by resolution of the city council in an amount sufficient to represent a reasonable portion of the gap between the affordable sales price (at the low income level of affordability) and the market-rate sales price for single-family housing.
In order to determine the in-lieu fee, the following amounts shall be calculated: (a) a developer's cost to construct a dwelling less the affordable sales price (the "developer's difference") and (b) the market-rate purchase price less the affordable sales price (the "market-rate difference"). The in-lieu fee shall be based upon the average of the developer difference and the market-rate difference for each of the following home sizes: a 1,200 square foot, two-bedroom home; an 1,800 square foot, three-bedroom home; and a 2,200 square foot, four-bedroom home. The in-lieu fee can be expressed as follows:
Developer Difference + Market-Rate Difference ÷ 2 = In-lieu fee |
The following guidelines apply to the calculation of the in-lieu fee:
a.
The developer cost to construct the dwelling is the dwelling square footage times a per foot average amount that it costs to construct a dwelling in the city. The per foot cost to construct the dwelling shall be determined annually as set forth in Exhibit D of the Inclusionary Housing Ordinance In-Lieu Fee Study dated September 15, 2004.
b.
The affordable sales price is based on income limits published by the State of California Housing and Community Development Department, adjusted for number of bedrooms in the dwelling (see Health and Safety Code section 50052.5).
c.
The market-rate purchase price is based on a survey of current sale prices of similar sized units in the Pleasant Hill area in the real estate section of the Contra Costa Times newspaper at the time the fees are established.
d.
For any annual period for which the city council does not review the fee, up to a maximum of three years in a row, the fee amount may be adjusted by the city manager based upon the percentage change in the Building Valuation Data published by the International Code Council from the previous year.
3.
Time of payment. The in-lieu fee shall be paid prior to the issuance of a building permit or as otherwise provided in the conditions of approval.
4.
Use of fees. The city will deposit all housing in-lieu fees in an affordable housing fee fund. The city will use the fees, and all interest earned on the account, only for the following uses: mortgage subsidies and down payment assistance; site acquisition; banking of land for use in the development of affordable housing; rental subsidies; construction financing; issuance of bonds; providing predevelopment funds; providing rehabilitation funds to preserve existing affordable housing stock; providing loan security; and any other assistance that will serve to increase or maintain the supply of affordable housing in the city.
5.
Refunds. The city may refund an in-lieu fee if: a building permit or zoning use permit expires and no extension is granted; no construction or use occurs; and the applicant applies for a refund within one year after the expiration of the building or zoning use permit. The refund must be authorized by city council resolution.
6.
Fees not subject to Mitigation Fee Act. The city council finds that this in-lieu fee is not a fee subject to the Mitigation Fee Act (Government Code section 66000 and following) because these fees are an alternative to requiring that inclusionary units be included within the development rather than a fee required of all developers. Payment of the fee is at the request of the developer, with the city's consent.
H.
Redevelopment projects. The city council or redevelopment agency may approve a reduction or waiver of the requirements of this section for projects located within a redevelopment project area which: (1) are the subject of a disposition and development agreement, owner participation agreement, acquisition agreement, or other contractual arrangement with the redevelopment agency, and (2) are receiving assistance from the redevelopment agency, such as relocation of occupants, acquisition and disposition of land for site assemblage, use of eminent domain, write-down of land costs, fee waivers, or other forms of direct agency assistance. Any developer requesting such a reduction or waiver must submit a pro forma and such other financial analysis sufficient to support a determination that the reduction or waiver is necessary to ensure the economic feasibility of the redevelopment project.
(1991 code § 35-5.6(b); Ord. 710 § 35-5.6, 1996; Ord. 791 § 1, 2004; Ord. 800 § 1, 2005; Ord. 906 §§ 2 – 4, 2016; Ord. 915 § 6, 2017; Ord. 928 § 6, 2019)
§ 18.20.070 Home occupations.
The following supplemental regulations shall apply to home occupations. Restrictions upon home occupations are an accommodation between the values fostered by the preservation of areas for residential living, and the liberty to conduct private, nonintrusive economic activity in one's home. The standards set forth in this section are intended to guide the review of home occupation applications and to encourage the accommodation of those values when deciding to grant or deny home occupation permits.
A.
Permit required. In order to engage in a home occupation a person must first obtain a home occupation permit from the zoning administrator. The existence of any of the following shall create a presumption that there is a home occupation for which a permit is required:
1.
Personal services conducted for pay on the premises;
2.
The maintenance on the premises of an inventory of materials used in producing a commercial product;
3.
The regular advertising of the residential address;
4.
A residential address is designated as the business location on the business license application (see business licenses, PHMC § 5.05.040); or
5.
Rooms are rented to more than one boarder or lodger.
B.
Duties of the zoning administrator. Upon receipt of a complete application for a home occupation permit, the zoning administrator may issue a home occupation permit. The permit may be issued without a hearing only if the applicant will not store significant product inventory or materials related to the occupation at the site; the occupation will generate little or no pedestrian or vehicular traffic; and the occupation will involve the provision of a service at a location other than the applicant's home (e.g., gardening, housekeeping, etc.), or will be limited to the drafting and mailing of written documents (e.g., bookkeeping, typing services, etc.). In all other cases, the zoning administrator shall hold a public hearing under subsection F of this section and determine, based upon substantial evidence, whether the proposed occupation would be in compliance with the standards specified in subsection C of this section and/or whether any exceptions to those standards should be approved under subsection F of this section. The zoning administrator shall issue a home occupation permit if he or she finds that: (1) the home occupation will conform to the standards specified in subsection C of this section, or (2) an exception to the standards as provided for in subsection F of this section can be approved.
C.
Standards. A home occupation shall comply with the following standards and conditions, unless granted an exception as noted in subsection F of this section:
1.
The home occupation is conducted entirely within the dwelling unit unless otherwise allowed under subsection F of this section;
2.
There are no retail sales or personal service uses provided to customers at the premises;
3.
There is no more than one vehicle used primarily in connection with the home occupation;
4.
There is no on-site sign associated with the home occupation or its products or services, nor signage on or within any vehicle owned or leased by the operator of the home occupation listing the street address of the home occupation or indicating the existence of the home occupation on site;
5.
There is no storage on the premises within public view of materials, products, equipment, fuel or other substances not commonly associated in kind or amount with residential use;
6.
The street address of the home occupation is not listed in the telephone book, newspaper, Internet site, or other published advertising media or flyers;
7.
The home occupation does not generate traffic in excess of that which is normally associated with residential use and requires no additional parking space;
8.
The home occupation does not require reconstruction or alteration of the exterior of the dwelling unit;
9.
The home occupation does not cause smoke, dust, light, odor, noise or other emissions which would otherwise interfere with the residential use of the zone;
10.
The home occupation does not generate quantities or types of refuse or trash which would be abnormal for residential pick-up and collection services;
11.
The home occupation does not involve more than one nonresident employee or volunteer on site at any time;
12.
The applicant timely obtains a city business license; and
13.
The home occupation does not involve any illegal conduct including, but not limited to, operation of a business without a business license, or result in any other encroachment upon the values served by residential use restrictions including, but not limited to, the deterioration of the physical appearance of the property, or have any other substantial detrimental impact upon adjacent residents.
D.
Prohibited activities. Home occupations may not include:
1.
Activities that involve use of loud power equipment, or otherwise create excessive noise, which interferes with the surrounding residential use;
2.
Activities that generate exhaust or other air pollutants or emissions;
3.
Activities which involve the raising or slaughtering of animals;
4.
On-premises vehicle repair; or
5.
Activities that involve engaging in the business of firearm sales. Any entity or person engaged in the business of firearm sales pursuant to a home occupation permit in effect as of the effective date of the ordinance codified in this section shall be exempt from this subsection and the locational restrictions for firearm sales in PHMC Chapter 18.25 (except as to ammunition sales) if the home occupation use is limited solely to those activities that were both permitted by terms of the permit issued before the effective date of the ordinance codified in this section and legally engaged in by the entity or person at the home-based location before the effective date of the ordinance codified in this section. Any such entity or person may continue firearm sales at its existing home-based location pursuant to any valid permits and licenses so long as the operator remains fully licensed by all agencies (including, without limitation, obtaining and maintaining the permit required by PHMC Chapter 9.35), and has not sold, transferred or assigned operation of the business after the effective date of the ordinance codified in this section to any other entity.
E.
Exceptions.
1.
Cottage food operation. Under Government Code section 51035, and notwithstanding the home occupation standards in subsection C of this section, the zoning administrator shall approve a home occupation permit for a proposed cottage food operation which meets the following standards:
a.
Meets the definitions of "cottage food operation" and "cottage food products" in Health and Safety Code section 113758;
b.
Has a valid registration, permit or license from the Contra Costa County health department, issued pursuant to Health and Safety Code section 114365, that specifies the same person, location, type of food sales and distribution activity specified in the application for the home occupation permit;
F.
Exceptions to standards for all other home occupations. If an application, other than a cottage food operation, deviates from the standards listed in subsection C of this section or requires an opportunity for public input (in the opinion of the zoning administrator), the zoning administrator shall provide notice of the application under PHMC Chapter 18.80 and shall conduct a public hearing before taking action on the application. The zoning administrator, at his or her discretion, may refer a home occupation permit application directly to the planning commission. The zoning administrator or planning commission may impose reasonable conditions on the home occupation permit to ensure compliance with the standards of this section and/or to ensure the home occupation will not have an adverse effect on the neighborhood.
An exception to the standards may be approved if the decision-maker finds that conditions of approval and/or applicant-proposed operational restrictions placed on the home occupation will ensure that the home occupation will not have an adverse effect on the neighborhood.
G.
Lapse of approval. A home occupation permit lapses one year after its date of approval, or at an alternative time specified as a condition of approval, unless the home occupation is established.
Once established, a home occupation permit automatically lapses if there is a discontinuance of the exercise of the home occupation for six consecutive months or more.
H.
Transferability. The validity of a home occupation permit shall not be affected by a change in home ownership or residency, provided the new owner or resident applies to the zoning administrator for a transfer within six months from the time the previous owner/resident ends his or her business. No notice or public hearing is required for a transfer.
I.
Changes to permit. A request for a change in the home occupation permit or a change to a condition of approval requires a new application. Any amendment or change in a condition of approval to an existing home occupation permit shall be reviewed and approved by the final decision-maker that originally approved the home occupation permit.
J.
Revocation. A home occupation exercised in violation of this section or a condition of approval may be revoked, as provided in PHMC § 18.135.040.
K.
Resubmittal of application. Following denial of a home occupation permit, no new application for the same, or substantially the same, home occupation shall be accepted within one year of the date of denial, unless the denial was made without prejudice.
(1991 code § 35-5.6(c); Ord. 710 § 35-5.6, 1996; Ord. 856 § 2 (Exh. A), 2011; Ord. 881 § 3, 2014; Ord. 890 § 13, 2015; Ord. 895 § 2, 2016; Ord. 931 § 5, 2019)
§ 18.20.075 Standards for certain use permits in residential districts.
When a use permit is required in a single-family or multifamily residential zoning district (see Schedule 18.20.020) for a care facility, group residential, or single-occupancy unit, the general standards specified below shall apply:
A.
Pre-application review. A person applying for a use permit in a residential district, when the permit involves converting an existing building, shall submit, together with the use permit application, a letter or other written comments indicating that the facility is capable of meeting applicable code requirements, from the city building division, the fire marshal, and any other agencies as determined by city staff.
B.
Licensing and compliance. Facilities shall operate in accordance with state and federal law and established industry standards.
1.
Licensed facilities. A facility required to have a state license shall maintain that license and operate in compliance with it.
2.
Unlicensed facilities. To ensure that unlicensed residential care facilities are operating in a manner that is consistent with state and federal law and established industry standards, the following standards apply:
a.
No violation of state licensing requirements. If the facility is not required to be licensed by the state, the owners, managers, operators and residents shall not provide any services on site which would require licensure under California law.
b.
Certification. If certification by a state or federal agency specific to the type of facility is required, the facility shall receive and maintain that certification.
c.
Owner and operator information. The applicant shall provide a list of the addresses of all similar facilities in the state operated by the owner, operator or any affiliated organization within the past five years, and shall certify under penalty of perjury that none of the facilities have been found to be operating in violation of state or local law.
C.
Location, parking and loading. In a single-family zoning district (or PUD district planned for single-family residential use):
1.
The facility shall be located where there is reasonable access to services, including public transportation;
2.
There may be off-site or shared parking only on property which is immediately adjacent to the proposed use, and subject to PHMC § 18.55.040; and
3.
Loading areas, if required, shall be screened from the view of other residences.
D.
Operations. The owner, operator or manager shall operate the facility in a manner that does not disrupt the neighborhood or interfere with the residential characteristics of the neighborhood regarding noise, loitering, traffic and deliveries, parking, or littering. The operator shall provide to the city (on an ongoing basis) a name and 24-hour contact telephone number applicable for the person responsible for the facility.
Each facility shall comply with the following operations requirements:
1.
Residents per room. There shall be no more than two residents per bedroom in a single-family residence that has been converted to another residential use as specified in this section. The hearing body has the discretion to set a lower occupancy limit based on evidence as to what is appropriate to the site, including characteristics of the structure, whether there will be an impact on traffic and parking, and whether the public health, safety, peace, comfort or welfare of persons residing in the facility or adjacent to it will be impacted.
2.
Staff on duty. If the proposed use has seven residents or more, the operator shall have qualified staff on duty at the facility at all times.
3.
Substance testing. If the facility is designed for alcohol or drug rehabilitation, the operator shall arrange for ongoing, random alcohol and illegal substance testing of the residents by a qualified, independent third party.
4.
Good neighbor policy. The operator shall develop, post prominently and enforce a good neighbor policy. The policy shall include:
a.
Designation of an on-site staff member who will be available to respond to any community concerns regarding the facility or residents. If the city receives a complaint involving the facility or residents, the designated staff member shall attempt to resolve the issue within a reasonable time frame.
b.
Prohibition of lewd or abusive speech or behavior, or profanity, by staff or clients if audible to neighboring residents.
c.
Compliance with city noise regulations, and prohibition of amplified sound outdoors.
d.
Maintaining a log of each violation of the good neighbor policy and making this log available for review by city staff at any time. The log shall include the date and time of the violation, description, name of violator and resolution.
5.
Management plan. The operator shall submit a management plan with the use permit application subject to review and approval by the city. The management plan must address management and operation of the facility, safety and security of residents, and building maintenance and staffing, including whether an on-site manager will be present.
E.
No overconcentration. If a care facility (or any part of it) is classified as one of the following, it shall be no closer to a similar facility than the distance shown:
Type of care facility | Minimum distance from another such facility |
|---|---|
Care facility, large licensed (See Care facility, large, licensed; Health facility, at PHMC § 18.15.020): | |
• Intermediate care facility for the developmentally disabled – nursing. (Health and Saf. Code §§ 1267.8, 1267.9) | 300 feet |
• Congregate living health facility. (Health and Saf. Code §§ 1267.8, 1267.9) | 1,000 feet |
Residential care facility, but not applicable to a foster family home, residential care facility for the elderly, or transitional care facility. (Health and Saf. Code § 1568.0831(a)(5)) | 300 feet |
Emergency shelter. (Health and Saf. Code § 50801(e)) | 300 feet |
(Ord. 867 § 8, 2012; Ord. 890 § 14, 2015)
§ 18.20.080 Large family day care homes.
Repealed by Ord. 938.
(1991 code § 35-5.6(d); Ord. 710 § 35-5.6, 1996; Ord. 727 § 14, 1998; Ord. 856 § 2 (Exh. A), 2011; Ord. 867 § 9, 2012)
§ 18.20.085 Special housing.
A.
Single-room occupancy. Single-room occupancy ("SRO") units are subject to the standards listed below. The purpose of this subsection is to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units.
1.
Location. An SRO facility may be proposed and approved in the multifamily, retail business and professional and administrative office zoning districts.
3.
Development standards.
a.
Single-room occupancy facilities.
i.
Density. The maximum potential number of single-room occupancy units allowable within a building shall be determined based on compliance with applicable zoning ordinance development standards (e.g., height, floor area ratio, setbacks, lot coverage, parking, open space, etc.).
ii.
Common area. Four square feet of common area per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.
iii.
Laundry facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer and dryer per floor.
iv.
Cleaning supply room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.
b.
Single-room occupancy units.
i.
Unit size. An SRO unit shall have a minimum size of 150 square feet and a maximum size of 400 square feet. The average SRO unit size within an SRO facility shall not exceed 275 square feet.
ii.
Occupancy. An SRO unit shall accommodate a maximum of two persons.
iii.
Bathroom. An SRO unit is not required to, but may, contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
iv.
Kitchen. An SRO unit is not required to, but may, contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
v.
Closet. Each SRO unit shall have a separate closet.
vi.
Interior access. Individual SRO units shall not have separate external entryways.
vii.
Code compliance. SRO units shall comply with all requirements of the California Building Code and all other applicable codes.
4.
Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.
5.
Management.
a.
Facility management. An SRO facility with seven or more residents shall provide on-site management and an on-site management office.
b.
Management plan. A management plan shall be submitted with the development application for an SRO facility and shall be subject to review and approval by the city. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance and staffing, including whether an on-site manager will be present.
6.
Parking. Off-street parking and secure bicycle parking shall be provided as required by PHMC Chapter 18.55, Parking.
7.
Tenancy. Tenancy of SRO units shall be for at least 30 or more days.
8.
Existing structures. An existing structure may be converted to an SRO facility, consistent with the provisions of this subsection.
B.
Emergency homeless shelter management standards. Each emergency homeless shelter shall comply with the following management standards:
1.
Management plan. The operator of an emergency homeless shelter shall be qualified to operate the facility and shall prepare and submit a management plan in consultation with the zoning administrator prior to commencement of facility operations that includes the following: adequate security measures to protect shelter residents and surrounding uses; a description of services provided to assist residents with obtaining permanent shelter and income; a description of the screening process for prospective residents to ensure compatibility with services provided at or through the shelter; hours of operation for the facility; provisions to ensure that the area surrounding the facility is maintained free of litter or debris; a program for providing staff training to meet the needs of shelter residents; a program for providing community outreach regarding the construction and operation of the facility; and a description of any support services provided on site (support services shall be for the on-site residents only and shall be limited to services provided within the building only).
2.
Length of stay. No individual or family shall reside in an emergency homeless shelter for more than 180 consecutive days. A minimum of 60 days shall be required between stays. The operator of the emergency homeless shelter shall maintain adequate documentation to demonstrate compliance with this provision.
3.
Hours of operation. An operational emergency homeless shelter shall remain open 24 hours a day, seven days a week.
4.
Proximity to public transit and services. An emergency homeless shelter shall be located near public transportation, supportive services and commercial services to meet the daily needs of shelter residents. If necessary, an emergency homeless shelter shall ensure a means of transportation for shelter residents to travel to and from case management appointments if scheduled off site.
5.
Noise/nuisances. All activities associated with an emergency homeless shelter shall be conducted entirely within the building. Noise shall be limited so as not to create an adverse impact on surrounding uses. No loudspeakers or amplified sound shall be placed within, or project outside of, the emergency homeless shelter.
6.
Off-street parking. An emergency homeless shelter shall comply with all applicable provisions of PHMC Chapter 18.55 (Off-Street Parking and Loading Regulations). On-site parking for emergency homeless shelters allowed by right within the LI zone district shall be a minimum of one space per 750 square feet of gross floor area plus one space for every two employees. In addition, if a facility vehicle is maintained on site, one additional on-site parking space for this vehicle shall be provided. Parking for emergency homeless shelters in other zone districts shall be as specified by the use permit based on review of the operational characteristics of the proposed use.
7.
On-site management. An on-site staff person shall be designated as a neighborhood liaison to respond to, and address, any questions or concerns from surrounding residents regarding facility operations. "Good behavior" and "good neighbor" policies shall be described in the management plan and shall be implemented and enforced at all times by on-site management. Such policies shall include, but not be limited to, prohibition of use or possession of controlled substances by residents; rules concerning the use or possession of alcohol; curfew; prohibition of loitering; and any other provisions necessary to ensure compatibility with surrounding uses. Clients shall be screened for compatibility with shelter resources and for compliance with applicable state and federal laws. Individuals who do not meet the screening criteria shall not be accepted into the facility.
On-site management, including employees, partners, directors, officers or managers, shall be screened prior to issuance of certificate of occupancy to confirm that they have no history of a previously failed emergency shelter (or similar facility) due to the fault of the operator, and have not been convicted of any of the following offenses within the prior five years:
f.
A felony crime involving the use of force or violence on another; or
g.
The maintenance of a nuisance in connection with the same or similar business operation.
The police department shall also conduct a background investigation on all applicants.
8.
On-site security. Security measures shall be sufficient to protect clients and neighbors. On-site security shall be provided during the hours when the emergency homeless shelter is in operation and at all times when clients are present on site.
In the event that at least five external, verified complaints concerning unlawful activities at the facility have been received over a 30-day period by the police department, the facility shall be required to provide additional on-site security staff to the satisfaction of the chief of police and the zoning administrator.
9.
External lighting. The emergency homeless shelter shall provide external lighting in accordance with the requirements contained in PHMC § 18.55.140.B to maintain a safe and secure environment. Exterior lighting shall be shielded and directed towards the ground and away from surrounding properties.
10.
City, county and state requirements. An emergency homeless shelter shall obtain and maintain in good standing required licenses, permits, and approvals from city, county and state agencies or departments and demonstrate compliance with applicable building and fire codes. An emergency homeless shelter shall comply with all county and state health and safety requirements for food, medical and other supportive services provided on site.
11.
Number of beds. An individual emergency homeless shelter shall have no more than 50 beds.
12.
Entrance lobby/intake area. The intake area of an emergency homeless shelter shall be a minimum of 100 square feet, located entirely within the building. The entrance to the intake area shall not be located directly facing a public street. Hours of client intake shall be posted. Clients shall not be allowed to form a queue outside the facility.
13.
Location. There shall be no less than 300 feet between emergency homeless shelters in any zone district.
14.
Smoking ordinance. Emergency homeless shelters shall comply with the provisions of PHMC Chapter 9.45 (smoking ordinance).
15.
Design review. New construction and/or exterior alterations to an existing site or building are subject to administrative design review by the zoning administrator to ensure substantial conformance with the city's design guidelines.
C.
Emergency homeless shelter fees. Prior to issuance of a building permit for any emergency homeless shelter, any fees or exactions authorized by law, that are applicable to residential development, and that are determined by the city to be essential to provide necessary public services and facilities for the emergency homeless shelter, shall be paid by the operator of the emergency shelter to the city and/or to other applicable public agencies. In the event that the operation of the facility results in a need for additional police and public safety services or resources to ensure the public health, safety and welfare of the community, the operator may be required to reimburse the city for any documented costs incurred for providing such additional services and/or resources.
(Ord. 867 § 10, 2012; Ord. 874 § 5, 2013; Ord. 890 § 14, 2015)
§ 18.20.090 Manufactured homes.
The following supplemental regulations are to provide opportunities for the placement of manufactured homes in R districts and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.
A.
General requirements. A manufactured home may be used for residential purposes if it has been approved by the architectural review commission, and has been granted a certificate of compatibility by the zoning administrator, and is located in an R district. A manufactured home may also be used for temporary uses, subject to the requirements of a temporary use permit issued under PHMC Chapter 18.100.
B.
Requirements for certificate of compatibility. The zoning administrator shall issue a certificate of compatibility if the manufactured home meets the design and locational criteria of this subsection. The certificate is valid for two years and may be renewed for subsequent periods of two years if the location and design criteria of this section are met. More specifically, the location and design of a manufactured home shall comply with the following criteria in order to protect neighborhood integrity, provide for harmonious relationship between a manufactured home and surrounding uses, and minimize problems that could occur as a result of locating a manufactured home on a residential lot.
1.
Location criteria. Manufactured homes are not allowed:
b.
On a lot with an average slope of more than 10%, or on any portion of a lot where the slope exceeds 15%.
Except as modified herein, all other provisions contained in this section shall remain in full force and effect.
2.
Design criteria. A manufactured home shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:
a.
It must be built on a permanent foundation approved by the chief building official;
b.
It must have been constructed after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974;
c.
The unit's skirting must extend to the finished grade;
d.
Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited;
e.
The roof must be of concrete or asphalt tile, shakes or shingles complying with the most recent edition of the adopted building codes under PHMC Title 14;
f.
The roof must have eaves or overhangs of not less than one foot;
g.
The floor must be no higher than 20 inches above the exterior finished grade; and
h.
Required covered parking shall be compatible with the manufactured home design and with other buildings in the area.
C.
Cancellation of state registration. Whenever a manufactured home is installed on a permanent foundation, any registration of the manufactured home with the State of California shall be canceled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the chief building official satisfactory evidence showing that the state registration of the manufactured home has been, or will be, with certainty, canceled; or, if the manufactured home is new and has never been registered with the state, the owner shall provide the chief building official with a statement to that effect from the dealer selling the home.
(1991 code § 35-5.6(e); Ord. 710 § 35-5.6, 1996; amended during 2005 recodification; Ord. 928 § 5, 2019)
§ 18.20.095 Accessory dwelling units.
A.
Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
B.
Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:
1.
Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
2.
Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
3.
Considered in the application of any local ordinance, policy, or program to limit residential growth.
C.
Definitions. As used in this section, terms are defined as follows:
1. Accessory dwelling unit or ADU
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
2. Accessory structure
means a structure that is accessory and incidental to a primary dwelling located on the same lot.
3. Complete independent living facilities
means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
4. Attached
means a structure that shares a common wall with the primary residential dwelling structure on a lot. A structure that is connected to the primary residential dwelling solely by a breezeway shall not be considered attached.
5. Efficiency kitchen
means a kitchen that includes each of the following:
6. Junior accessory dwelling unit or JADUa. b. c. d. e.
means a residential unit that satisfies all of the following:
Is no more than 500 square feet in size;
Is contained entirely within an existing or proposed single-family structure (an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure);
Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
Includes an efficiency kitchen, as defined in subsection C.5 of this section.
7. Livable space
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
8. Living area
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
9. Nonconforming zoning condition
means a physical improvement on a property that does not conform with current zoning standards.
10. Passageway
means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
11. Proposed dwelling
means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
12. Public transit
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
13. Tandem parking
means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another, such that the front vehicle may not be retrieved without the rear vehicle being moved.
D.
Approvals. The following approvals apply to ADUs and JADUs under this section:
1.
Building permit only. If an ADU or JADU complies with each of the general requirements in subsection E of this section, it is allowed with only a building permit in the following scenarios:
a.
Converted on single-family lot. One ADU and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i.
Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii.
Has exterior access that is independent of that for the single-family dwelling; and
iii.
Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
b.
Limited detached on single-family lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a of this section), if the detached ADU satisfies the following limitations:
c.
Converted on multifamily lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
d.
Limited detached on multifamily lot. No more than two detached ADUs on a lot that has a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies the following limitations:
i.
The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear- or side-yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii.
The peak height above grade does not exceed the applicable height limit in subsection E.2 of this section.
iii.
If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
2.
3.
Process and timing.
a.
An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b.
The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i.
The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii.
When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
c.
If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.b of this section.
d.
A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E.
General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection D.1 or D.2 of this section:
1.
2.
Height.
b.
A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c.
A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
4.
Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.
5.
No separate conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6.
Septic system. If the ADU or JADU will connect to an on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
7.
Owner occupancy.
a.
ADUs are not subject to owner-occupancy requirements.
b.
As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
8.
Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the administrator. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a.
The ADU or JADU may not be sold separately from the primary dwelling.
b.
The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c.
The deed restriction runs with the land and may be enforced against future property owners.
d.
The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the zoning administrator, providing evidence that the ADU or JADU has in fact been eliminated. The zoning administrator may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the zoning administrator's determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.
e.
The deed restriction is enforceable by the zoning administrator or designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
9.
Income reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Chapter 13 of Division 1 of Title 7 of the California Government Code, each building-permit application must include an estimate of the projected annualized rent that will be charged for the ADU or JADU.
10.
Building and safety.
a.
Must comply with building code. Subject to subsection E.10.b of this section, all ADUs and JADUs must comply with all local building code requirements.
b.
No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in section 310 of the California Building Code, unless the building official or a code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.10.b prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
F.
Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 of this section:
1.
Maximum size.
a.
The maximum size of a detached or attached ADU subject to this subsection is 1,200 square feet.
b.
An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling.
c.
Application of other development standards in this subsection, such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, front setback, landscaping or open-space requirements may require the ADU to be less than 800 square feet.
2.
Setbacks. ADUs subject to this subsection shall comply with the following setbacks, subject to subsection F.1.c of this section. Setbacks are measured from property lines or vehicular easements, whichever is applicable.
a.
Attached and detached ADUs.
i.
Front yard setbacks.
1.
Single-family residential zoning district R-20 – 25 feet;
2.
Single-family residential zoning districts PUD/PPD, R-15, R-10, R-10A, R-7, R-6 – 20 feet;
3.
Multiple-family residential zoning district MRM, MRH, MRVH – 10 feet;
4.
Multiple-family residential zoning district PUD/PPD, MRL, MRVL – 15 feet;
5.
Mixed-use zoning districts MX-N and MX – 15 feet;
6.
Mixed-use zoning district MX-HD – 10 feet;
7.
Mixed-use zoning district MX-VHD – five feet.
ii.
Side and rear yard setbacks. The side and rear setbacks for all ADUs shall be a minimum of four feet.
4.
Lot coverage. No ADU subject to this subsection F may cause the total lot coverage to exceed the limitations as noted below, except as noted in subsection F.1.c of this section:
a.
Single-family residential zoning districts R-20, R-15 – 25% maximum lot coverage;
b.
Single-family residential zoning districts R-10 – 30% maximum lot coverage;
c.
Single-family residential zoning districts PUD/PPD, R-10A, R-7, R-6 – 35% maximum lot coverage;
d.
Multiple-family residential zoning districts PUD/PPD, MRVL, MRL – 40% maximum lot coverage;
e.
Multiple-family residential zoning district MRM – 50% maximum lot coverage;
f.
Multiple-family residential zoning district MRH – 60% maximum lot coverage;
g.
Multiple-family residential zoning district MRVH – 70% maximum lot coverage;
h.
Mixed-use zoning districts MX-N, MX, MX-HD, MX-VHD – There is no lot coverage or FAR maximum established for residential uses in mixed-use zoning districts.
5.
Minimum open space. No ADU subject to this subsection F may cause the project to be less than the following open space provisions for multifamily and mixed-use zoning districts noted below, subject to subsection F.1.c of this section:
a.
Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two.
i.
Private open space. To satisfy the open space requirement, private open space must be on a patio or balcony, within which a horizontal rectangle has no dimension less than six feet.
ii.
Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky and may not include driveways or parking areas or area required for front or corner side yards.
6.
Landscaping. No ADUs in single-family or multifamily residential zoning districts subject to this subsection F may cause the total landscaping of the lot to be less than as noted below, subject to subsection F.1.c of this section:
a.
Single-family residential zoning districts (including PUD and PPD single-family residential).
i.
50% of the front yard setback (yard) area is to be landscaped.
b.
Multiple-family residential zoning districts.
i.
Multiple-family residential zoning districts MRVL and MRL – 35% landscaping;
ii.
Multiple-family residential zoning district MRM – 30% landscaping;
iii.
Multiple-family residential zoning districts PUD/PPD, MRH – 25% landscaping;
iv.
Multiple-family residential zoning district MRVH – 15% landscaping.
7.
Passageway. No passageway, as defined by subsection C.10 of this section, is required for an ADU.
8.
Parking.
a.
Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.13 of this section. The size of the off-street parking necessary for the ADU shall be eight and one-half feet wide by 19 feet deep (if enclosed the space shall be 10 feet wide by 22 feet deep, with a nine-foot-wide door opening) with a 10-foot-wide paved vehicular access from/to the public right-of-way and shall be surfaced with concrete or two inches of asphalt concrete over six inches of aggregate base.
b.
Exceptions. No parking under subsection F.8.a of this section is required in the following situations:
i.
The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.12 of this section.
ii.
The ADU is located within an architecturally and historically significant historic district.
iii.
The ADU is part of the proposed or existing primary residence or an existing accessory structure under subsection D.1.a of this section.
iv.
When on-street parking permits are required but not offered to the occupant of the ADU.
v.
When there is an established car share vehicle stop located within one block of the ADU.
c.
No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
9.
Architectural requirements.
a.
The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b.
The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
c.
The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance shall not be on the same side of the primary dwelling entrance, unless this entrance is screened from public views.
d.
The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
10.
Screening.
a.
Evergreen landscape or fence screening must be planted or installed and maintained between the ADU and adjacent parcels as follows:
11.
Historical protections. The following requirements apply to ADUs on or within 600 feet of real property that is listed in the California Register of Historic Resources: the architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the federal, state, or local register of historic places must be located so as to not be visible from any public right-of-way.
G.
Fees.
1.
Impact fees.
a.
No impact fee is required for an ADU that is less than 750 square feet in size.
b.
Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). Impact fee here does not include any connection fee or capacity charge for water or sewer service.
2.
Waiving of fees. The city shall waive fees for ADUs in the following manner:
H.
Nonconforming zoning code conditions, building code violations, and unpermitted structures.
1.
Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2.
Unpermitted ADUs and JADUs constructed before 2020.
a.
Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
b.
Exceptions.
i.
Notwithstanding subsection H.2.a of this section, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
(Ord. 974 § 1, 2025)
§ 18.20.097 Urban lot splits.
A.
Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.
B.
Definition. An "urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.
C.
Application.
1.
Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. and Tax Code § 214.15).
2.
An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
3.
The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
D.
Approval.
1.
An application for a parcel map for an urban lot split is approved or denied ministerially, by the building official, without discretionary review.
2.
A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires six months after approval.
3.
The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
4.
The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.
E.
Requirements. An urban lot split must satisfy each of the following requirements:
1.
Map Act compliance.
a.
The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov't. Code § 66410 et seq., "SMA"), including implementing requirements in this code, except as otherwise expressly provided in this section.
b.
If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement:
i.
The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
ii.
The city has all the remedies available to it under the SMA, including but not limited to the following:
(A)
An action to enjoin any attempt to sell, lease, or finance the property.
(B)
An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C)
Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D)
Record a notice of violation.
(E)
Withhold any or all future permits and approvals.
2.
Compliance with the city's subdivision regulations. The urban lot split must conform to all applicable objective requirements of the city's subdivision regulations (PHMC Title 17, Subdivisions) except that no dedication of rights-of-way or construction of off-site improvements are required for an urban lot split.
3.
Zone. The lot to be split is designated as a standard single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot (R-20, R-15, R-10, R-10A, R-7, R-6, and appropriate PUDs).
4.
Lot location.
a.
The lot to be split is not located on a site that is any of the following:
i.
Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii.
A wetland.
iii.
Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing fire and building standards.
iv.
A hazardous waste site that has not been cleared for residential use.
v.
Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi.
Within a 100-year flood hazard area, unless the site has either:
vii.
Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii.
Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix.
Habitat for protected species.
x.
Land under conservation easement.
b.
The purpose of subsection E.4.a of this section is merely to summarize the requirements of Government Code sections 65913.4(a)(6)(B) through (K). (See Gov't. Code § 66411.7(a)(3)(C).)
5.
Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
6.
No prior urban lot split.
a.
The lot to be split was not established through a prior urban lot split.
b.
The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. Any person acting "in concert" with the owner here includes any third party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.
7.
No impact on protected housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a.
Housing that is income-restricted for households of moderate, low, or very low income.
b.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
c.
Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov't. Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d.
Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
9.
Easements.
a.
The owner, if required, must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b.
Each easement must be shown on the tentative parcel map.
c.
Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subsection D.2 of this section.
d.
If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.
10.
Lot access. Each resulting lot must have access, or be adjacent to the public right-of-way, that satisfies the objective provisions of the Subdivision Map Act and emergency access provisions of the Contra Costa County Fire Department Standards.
11.
Dwelling unit standards.
a.
Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this subsection, "dwelling unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a dwelling unit created under PHMC § 18.20.105, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU). See below:
 |
b.
Dwelling unit size.
i.
The dwelling units developed on a lot resulting from an urban lot split must conform to the objective development standards that are imposed through the corresponding zone based on the resulting gross lot area (Schedule 18.20.030, Minimum Lot Area) and as outlined in subsections E.11.c through f of this section.
ii.
If a resulting urban lot split size is in between the minimum lot size of two corresponding zones, the default zoning will be the smaller of the two single-family residential zoning districts.
iii.
Any lot resulting from an urban lot split with a resulting site area less than 6,000 square feet shall be subject to the standards of the R-6 zoning district.
iv.
The minimum size of each primary dwelling unit is 500 square feet and the objective development standards may only be enforced to the extent that they do not prevent two 800-square-foot primary dwelling units on a lot.
v.
Any required enclosed parking space is not calculated as part of the dwelling unit size.
c.
Height restrictions.
i.
Except as otherwise provided in subsection E.11.c.ii of this section, no primary dwelling unit that is developed on a resulting lot may exceed one story or 16 feet in height.
ii.
If a primary dwelling unit on the lot complies with the setback standards set forth in PHMC § 18.20.030, then the height of a primary dwelling unit may exceed 16 feet, up to the objective height limit that is imposed through the underlying zone (Schedule 18.20.030, Maximum Building Height (feet)). Notwithstanding the foregoing, no primary dwelling unit may exceed two stories.
iii.
Maximum height shall be measured from existing or finished grade, whichever is lower, to the peak of the structure.
iv.
Any portion of a new primary dwelling unit that exceeds one story under subsection E.11.c.ii of this section must be stepped back by an additional five feet from the ground floor.
v.
No balcony, deck, or other portion of the second story may project into the stepped back portion of the primary dwelling unit.
vi.
No rooftop deck is permitted on any new or remodeled dwelling unit or structure on a lot resulting from an urban lot split.
d.
Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the corresponding zone (Schedule 18.20.030, Maximum Lot Coverage). This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
e.
Floor area ratio. Floor area ratio (FAR) must conform to the objective FAR requirements that are imposed through the corresponding zone. This FAR standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
f.
Setbacks.
i.
Generally. All setbacks must conform to those objective setbacks that are imposed through the corresponding zone (Schedule 18.20.030, Minimum Yards).
ii.
Exceptions. Notwithstanding subsection E.11.f of this section:
(A)
Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(B)
Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
g.
Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street, covered and enclosed parking space per primary dwelling unit unless one of the following applies:
i.
ii.
The site is located within one block of a car-share vehicle location.
iii.
If the construction of both a primary dwelling unit measuring 800 square feet or less in floor area and the required enclosed parking space would cause development on the lot to exceed the objective lot coverage requirement of the underlying zone, then the unit's off-street parking space must be unenclosed.
h.
Design standards. All new primary dwelling units that are developed on a lot resulting from an urban lot split must conform to the objective design standards outlined in the city of Pleasant Hill's "City-Wide Design Guidelines and Objective Design Standards" (PHMC § 18.20.040.K). The objective design standards are only enforced to the extent that they do not prevent two primary dwelling units on the lot measuring 800 square feet each.
i.
Nonconforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
j.
Utilities.
i.
Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
ii.
Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an on-site wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
k.
Building and safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.
l.
Fire safety. All structures built on the lot must comply with all current fire safety measures required by the Contra Costa County Fire Protection District.
12.
Separate conveyance.
a.
Within a resulting lot.
i.
Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
ii.
Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
iii.
All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
b.
Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
13.
Stormwater and stormwater runoff. The development must comply with the following standards:
14.
Regulation of uses.
a.
Residential only. No nonresidential use is permitted on any lot created by urban lot split.
b.
No short term rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
c.
Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
15.
Deed restriction. The owner must record a deed restriction, on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:
a.
Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b.
Expressly prohibits any nonresidential use of the lots created by the urban lot split.
c.
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d.
Limits development of the lot to residential standards that comply with the requirements of this section, except as required by state law.
F.
Specific adverse impacts.
1.
Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2.
"Specific adverse impact" has the same meaning as in Government Code section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (a) inconsistency with the zoning ordinance or general plan land use designation or (b) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
3.
The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific adverse impact.
(Ord. 951 § 2, 2021; Ord. 957 § 2, 2022)
§ 18.20.100 Accessory dwelling units.
Repealed by Ord. 937.
(Ord. 915 § 8, 2017; Ord. 928 § 7, 2019)
§ 18.20.105 Two-unit projects.
A.
Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.
B.
Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
C.
Application.
1.
Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. and Tax Code § 214.15).
2.
An application for a two-unit project must be submitted on the city's approved form.
3.
The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.
4.
Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
5.
The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
D.
Approval.
1.
An application for a two-unit project is approved or denied ministerially, by the building official, without discretionary review.
2.
The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.
3.
The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.
4.
The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.
E.
Requirements. A two-unit project must satisfy each of the following requirements:
1.
Map Act compliance. The lot must have been legally subdivided.
2.
Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot (R-20, R-15, R-10, R-10A, R-7, R-6, and appropriate PUDs).
3.
Lot location.
a.
The lot is not located on a site that is any of the following:
i.
Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii.
A wetland.
iii.
Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv.
A hazardous waste site that has not been cleared for residential use.
v.
Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi.
Within a 100-year flood hazard area, unless the site has either:
vii.
Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii.
Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix.
Habitat for protected species.
x.
Land under conservation easement.
b.
The purpose of subsection E.3.a of this section is merely to summarize the requirements of Government Code sections 65913.4(a)(6)(B) through (K). (See Gov't. Code § 66411.7(a)(3)(C).)
4.
Not historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
5.
No impact on protected housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a.
Housing that is income-restricted for households of moderate, low, or very low income.
b.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
c.
Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov't. Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d.
Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
6.
Dwelling unit standards.
a.
Quantity.
i.
No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this subsection, "dwelling unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).
ii.
A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city's ADU ordinance.
See examples below:
 |
 |
b.
Dwelling unit size.
ii.
Any lot with a gross floor area less than 6,000 square feet shall be subject to the standards of the R-6 zoning district.
iii.
The minimum size of each primary dwelling unit is 500 square feet. The objective development standards may only be enforced to the extent that they do not prevent two 800-square-foot primary dwelling units on a lot.
iv.
Any required enclosed parking space is not calculated as part of the dwelling unit size.
c.
Height restrictions.
i.
Except as otherwise provided in subsection E.6.c.ii of this section, no primary dwelling unit that is developed on the lot may exceed one story or 16 feet in height.
ii.
If a primary dwelling unit on the lot complies with the setback standards set forth in PHMC § 18.20.030, then the height of a primary dwelling may exceed 16 feet, up to the objective height limit that is imposed through the corresponding zone (Schedule 18.20.030, Maximum Building Height (feet)). Notwithstanding the foregoing, no primary dwelling unit may exceed two stories.
iii.
Maximum height shall be measured from existing or finished grade, whichever is lower, to the peak of the structure.
iv.
Any portion of a new primary dwelling unit that exceeds one story under subsection E.6.c.ii of this section must be stepped back by an additional five feet from the ground floor.
v.
No balcony, deck, or other portion of the second story may project into the stepped back area of the dwelling.
vi.
No rooftop deck is permitted on any new or remodeled dwelling unit or structure for a two-unit project.
d.
Demolition cap. The two-unit project may not involve the demolition of more than 25% of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
e.
Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the underlying zone (Schedule 18.20.030, Maximum Lot Coverage). This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
f.
Floor area ratio. Floor area ratio (FAR) must conform to the objective FAR requirements that are imposed through the underlying zone (Schedule 18.20.030, Maximum Floor Area Ratio). This floor area ratio standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
g.
Setbacks.
i.
Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone (Schedule 18.20.030, Minimum Yards).
ii.
Exceptions. Notwithstanding subsection E.6.g.i of this section:
(A)
Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(B)
Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
h.
Parking. Each new primary dwelling unit must have at least one off-street, covered and enclosed parking space per primary dwelling unit unless one of the following applies:
i.
ii.
The site is located within one block of a car-share vehicle location.
iii.
If construction of both a primary dwelling unit measuring 800 square feet or less in floor area and the required enclosed parking space would cause development on the lot to exceed the objective lot coverage requirement of the underlying zone, then the unit's off-street parking space must be unenclosed.
i.
Design standards for two-unit projects, attached or detached dwelling units. Each new primary dwelling unit that is developed on a lot must conform to the objective design standards outlined in the city of Pleasant Hill's "City Wide Design Guidelines and Objective Design Standards" (PHMC § 18.20.040.K). The objective design standards are only enforced to the extent they do not prevent two primary dwelling units on the lot measuring 800 square feet each.
j.
Nonconforming conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
k.
Utilities.
i.
Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
ii.
Each primary dwelling unit on the lot that is or that is proposed to be connected to an on-site wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
l.
Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code.
m.
Fire safety. All structures built on the lot must comply with all current fire safety measures required by the Contra Costa County Fire Protection District.
7.
Separate conveyance.
a.
Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b.
Condominium airspace divisions and common interest developments are not permitted within the lot.
c.
All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
8.
Stormwater and stormwater runoff. The development must comply with the following standards:
9.
Regulation of uses.
a.
Residential only. No nonresidential use is permitted on the lot.
b.
No short term rentals (STRs). No dwelling unit on the lot may be rented for a period of less than 30 days.
c.
Owner occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.
10.
Deed restriction. The owner must record a deed restriction for a two-unit project on a form approved by the city, that does each of the following:
a.
Expressly prohibits any rental of any dwelling unit on the property for a period of less than 30 days.
b.
Expressly prohibits any nonresidential use of the lot.
c.
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d.
If the lot is not created by an urban lot split, expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
e.
States that:
F.
Specific adverse impacts.
1.
Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2.
"Specific adverse impact" has the same meaning as in Government Code section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
3.
The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
G.
Remedies. If a two-unit project violates any part of this code or any other legal requirement:
1.
The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
2.
The city may:
a.
Bring an action to enjoin any attempt to sell, lease, or finance the property.
b.
Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c.
Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d.
Record a notice of violation.
e.
Withhold any or all future permits and approvals.
f.
Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code.
(Ord. 951 § 3, 2021; Ord. 957 § 3, 2022)
§ 18.20.110 Swimming pools and hot tubs.
§ 18.20.120 Hillside properties.
An applicant for development of a parcel with an average slope of 15% or greater shall apply for rezoning to HPUD in accordance with PHMC Chapter 18.35, unless already subdivided to its maximum density, and any development on the parcel must comply with PHMC §§ 18.35.040.B, D and E and 18.35.050.
(1991 code § 35-5.6(h); Ord. 710 § 35-5.6, 1996; Ord. 856 § 2 (Exh. A), 2011)
§ 18.20.130 Animals.
A.
Large domestic or nondomestic animals. The keeping of large domestic or nondomestic animals, other than roosters, on a site of at least one acre is permitted, so long as there are no more than two mature large domestic or nondomestic animals per acre. Any barn, stable, or other structure used to house large domestic or nondomestic animals shall be located at least 100 feet from the boundary line of a street or public road and at least 50 feet from a side, front or rear property line.
B.
Small domestic animals. Small animals kept as pets are permitted, except no more than three mature dogs and no more than five mature cats, hens, rabbits, or similar-sized animals may be kept, harbored, possessed, or maintained on any residential parcel. Roosters are not permitted to be kept for any purpose.
(1991 code § 35-5.6(i); Ord. 710 § 35-5.6, 1996; Ord. 856 § 2 (Exh. A), 2011; Ord. 949 § 8, 2021)
§ 18.20.140 Container or storage unit.
A container or storage unit is allowed for up to 10 calendar days, or for a longer period if there is a grading or building permit for construction on the site and a zoning permit has been issued for the container or storage unit.
(1991 code § 35-5.6(j); Ord. 710 § 35-5.6, 1996; Ord. 757 § 1, 2001)
§ 18.20.145 Permanent basketball hoops.
A basketball hoop with a permanent foundation is allowed within any yard, within residential zoning districts, provided it is set back a minimum of five feet from any property line, is not located within any intersection sight obstruction, and it is no higher than 15 feet above existing grade. A zoning permit is required prior to installation of any basketball hoop.
(Ord. 903 § 2, 2016)
§ 18.20.150 Density bonus.
B.
Density bonus.
1.
When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of the city, the city shall provide the applicant with incentives or concessions for the production of housing units and child care facilities as prescribed in this section.
2.
a.
The city shall grant one density bonus, the amount of which shall be as specified in subsection B.6 of this section, and incentives or concessions, as described in subsection B.4 of this section, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:
i.
Ten percent of the total units of a housing development for lower-income households, as defined in California Health and Safety Code section 50079.5.
ii.
Five percent of the total units of a housing development for very low-income households, as defined in California Health and Safety Code section 50105.
iv.
Ten percent of the total dwelling units in a common interest development as defined in California Civil Code section 4100 for persons and families of moderate income, as defined in California Health and Safety Code section 50093; provided, that all units in the development are offered to the public for purchase.
c.
For the purposes of this section, "total units" or "total dwelling units" does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.
3.
a.
An applicant shall agree to, and the city shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower-income density bonus units shall be set at an affordable rent as defined in California Health and Safety Code section 50053.
b.
An applicant shall agree to, and the city shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost is defined in California Health and Safety Code section 50052.5. The city shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following apply to the equity sharing agreement:
i.
Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy, as defined in subsection B.3.b.ii of this section, and its proportionate share of appreciation, as defined in subsection B.3.b.iii of this section, which amount shall be used within five years for any of the purposes described in California Health and Safety Code section 33334.2(e) that promote home ownership.
ii.
For purposes of this subsection, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
iii.
For purposes of this subsection, the city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale.
c.
i.
An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the city's valid exercise of its police power; or occupied by lower- or very low-income households, unless the proposed housing development replaces those units, and either of the following applies:
A.
The proposed housing development, inclusive of the units replaced pursuant to this subsection, contains affordable units at the percentages set forth in subsection B.2 of this section.
B.
Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower- or very low-income household.
ii.
For the purposes of this subsection, "replace" shall mean either of the following:
A.
If any dwelling units described in subsection B.3.c.i of this section are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower-income category as those households in occupancy. For unoccupied dwelling units described in subsection B.3.c.i of this section in a development with occupied units, the proposed housing development shall provide units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower-income category in the same proportion of affordability as the occupied units. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to subsection B.3.b of this section.
B.
If all dwelling units described in subsection B.3.c.i of this section have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, as existed at the high point of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower-income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the high point is not known, then one-half of the required units shall be made available at affordable rent or affordable housing cost to, and occupied by, very low-income persons and families and one-half of the required units shall be made available for rent at affordable housing costs to, and occupied by, low-income persons and families. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to subsection B.3.b of this section.
4.
a.
An applicant for a density bonus pursuant to subsection B.2 of this section may submit to the city a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following:
ii.
The concession or incentive would have a specific adverse impact, as defined in California Government Code section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
iii.
The concession or incentive would be contrary to state or federal law.
b.
The applicant shall receive the following number of incentives or concessions:
i.
One incentive or concession for projects that include at least 10% of the total units for lower-income households, at least 5% for very low-income households, or at least 10% for persons and families of moderate income in a common interest development.
ii.
Two incentives or concessions for projects that include at least 20% of the total units for lower-income households, at least 10% for very low-income households, or at least 20% for persons and families of moderate income in a common interest development.
iii.
Three incentives or concessions for projects that include at least 30% of the total units for lower-income households, at least 15% for very low-income households, or at least 30% for persons and families of moderate income in a common interest development.
c.
The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subsection shall be interpreted to require the city to grant an incentive or concession that has a specific, adverse impact, as defined in California Government Code section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subsection shall be interpreted to require the city to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section.
5.
a.
In no case may the city apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection B.2 of this section at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the city a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection B.2 of this section at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subsection shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subsection shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.
6.
Density bonus defined. For the purposes of this section, "density bonus" means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the city. The applicant may elect to accept a lesser percentage of density bonus. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subsection B.2 of this section.
a.
For housing developments meeting the criteria of subsection B.2.a.i of this section, the density bonus shall be calculated as follows:
Percentage Low-Income Units | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 |
Percentage Density Bonus | 20 | 21.5 | 23 | 24.5 | 26 | 27.5 | 29 | 30.5 | 32 | 33.5 | 35 |
b.
For housing developments meeting the criteria of subsection B.2.a.ii of this section, the density bonus shall be calculated as follows:
Percentage Very Low-Income Units | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
Percentage Density Bonus | 20 | 22.5 | 25 | 27.5 | 30 | 32.5 | 35 |
c.
For housing developments meeting the criteria of subsection B.2.a.iii of this section, the density bonus shall be 20% of the number of senior housing units.
d.
For housing developments meeting the criteria of subsection B.2.a.iv of this section, the density bonus shall be calculated as follows:
Percentage Moderate-Income Units (10 – 20) | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 |
Percentage Density Bonus | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |
Percentage Moderate-Income Units (21 – 31) | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 |
Percentage Density Bonus | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 |
Percentage Moderate-Income Units (32 – 40) | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39 | 40 | ||
Percentage Density Bonus | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | ||
e.
All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
7.
Land donations.
a.
When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city in accordance with this subsection, the applicant shall be entitled to a 15% increase above the otherwise maximum allowable residential density for the entire development, as follows:
Percentage Very Low-Income Units (10 – 20) | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 |
Percentage Density Bonus | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 |
Percentage Very Low-Income Units (21 – 30) | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | |
Percentage Density Bonus | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | |
b.
This increase shall be in addition to any increase in density mandated by subsection B.2 of this section, up to a maximum combined mandated density increase of 35% if an applicant seeks an increase pursuant to both this subsection and subsection B.2 of this section. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subsection shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met:
i.
The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
ii.
The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10% of the number of residential units of the proposed development.
iii.
The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in California Government Code section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure.
iv.
The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the city may subject the proposed development to subsequent design review to the extent authorized by California Government Code section 65583.2(i) if the design is not reviewed by the city prior to the time of transfer.
vi.
The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the developer.
vii.
The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.
viii.
A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
8.
Housing developments that include child care facilities.
a.
When an applicant proposes to construct a housing development that conforms to the requirements of subsection B of this section and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following:
i.
An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.
ii.
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
b.
The city shall require, as a condition of approving the housing development, that the following occur:
i.
The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subsection B.3 of this section.
ii.
Of the children who attend the child care facility, the children of very low-income households, lower-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or families of moderate income pursuant to subsection B.2 of this section.
c.
Notwithstanding any requirement of this subsection, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
d.
"Child care facility," as used in this section, means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.
9.
Housing development defined. "Housing development," as used in this section, means a development project for five or more residential units. For the purposes of this section, "housing development" also includes a subdivision or common interest development, as defined in California Civil Code section 4100, approved by the city and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in California Government Code section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower-income households are located.
10.
a.
The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
11.
Concessions and incentives defined. For the purposes of this section, "concession or incentive" means any of the following:
a.
A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.
b.
Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
c.
Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions.
12.
Effect on direct financial incentives. Subsection B.11 of this section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, or the waiver of fees or dedication requirements.
13.
California Coastal Act. This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with section 30000) of the Public Resources Code).
14.
City discretion in granting density bonus. If permitted by local ordinance, nothing in this section shall be construed to prohibit the city from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section.
15.
Definitions. For purposes of this section, the following definitions shall apply:
a. "Development standard"
includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.
b. "Maximum allowable residential density"
means the density allowed under the zoning ordinance and land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.
16.
Vehicular parking ratio.
a.
Except as provided in subsections B.16.b and c of this section, upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of subsections B.2 and B.3 of this section, that exceeds the following ratios:
b.
Notwithstanding subsection B.16.a of this section, if a development includes the maximum percentage of low- or very low-income units provided for in subsections B.6.a and b of this section and is located within one-half mile of a major transit stop, as defined in California Public Resources Code section 21155(b), and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds one-half space per bedroom. For purposes of this subsection, a development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.
c.
Notwithstanding subsection B.16.a of this section, if a development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families, as provided in California Health and Safety Code section 50052.5, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following ratios:
i.
If the development is located within one-half mile of a major transit stop, as defined in California Public Resources Code section 21155(b), and there is unobstructed access to the major transit stop from the development, the ratio shall not exceed one-half spaces per unit.
ii.
If the development is a for-rent housing development for individuals who are 62 years of age or older that complies with California Civil Code sections 51.2 and 51.3, the ratio shall not exceed one-half space per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
iii.
If the development is a special needs housing development, as defined in California Health and Safety Code section 51312, the ratio shall not exceed three-tenths space per unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
d.
If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.
e.
This subsection B.16 shall apply to a development that meets the requirements of subsections B.2 and 3 of this section, but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subsection pursuant to subsection B.4 of this section.
f.
This subsection does not preclude the city from reducing or eliminating a parking requirement for development projects of any type in any location.
g.
Notwithstanding subsections B.16.b and c of this section, if a city, county, city and county, or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the city may impose a higher vehicular parking ratio not to exceed the ratio described in subsection B.16.a of this section, based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The city, county, or city and county shall pay the costs of any new study. The city shall make findings, based on a parking study completed in conformity with this subsection, supporting the need for the higher parking ratio.
C.
Density bonuses for condominium conversions.
1.
When an applicant for approval to convert apartments to a condominium project agrees to provide at least 33% of the total units of the proposed condominium project to persons and families of low or moderate income as defined in California Health and Safety Code section 50093, or 15% of the total units of the proposed condominium project to lower-income households as defined in California Health and Safety Code section 50079.5, and agrees to pay for the reasonably necessary administrative costs incurred by the city pursuant to this section, the city shall either (a) grant a density bonus or (b) provide other incentives of equivalent financial value. The city may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers who are persons and families of low and moderate income or lower-income households.
2.
For purposes of this subsection C, "density bonus" means an increase in units of 25% over the number of apartments, to be provided within the existing structure or structures proposed for conversion.
3.
For purposes of this subsection C, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.
4.
An applicant for approval to convert apartments to a condominium project may submit to the city a preliminary proposal pursuant to this section prior to the submittal of any formal requests for subdivision map approvals. The city shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this section. The city shall establish procedures for carrying out this section, which shall include city council approval of the means of compliance with this section.
5.
Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums.
6.
An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under subsection B of this section.
7.
An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the city's valid exercise of its police power; or occupied by lower or very low-income households, unless the proposed condominium project replaces those units, as defined in subsection B.3.c.ii of this section, and either of the following applies:
(Ord. 899 § 1, 2016)
§ 18.20.160 Review of plans.
All new residential construction, or modifications to multiple-family structures, require an architectural review permit (see Part 5).
(1991 code § 35-5.8; Ord. 710 § 35-5.8, 1996)
§ 18.22.010 Specific purposes – Summary of mixed-use districts.
A.
Specific purposes. In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of mixed-use districts are to:
1.
Ensure mixed-use development is consistent with the overall community character and serves the existing and future needs of residents and visitors.
2.
Allow a variety of compatible land uses that provide flexibility to property and/or business owners.
3.
Achieve compatibility between new mixed-use development and surrounding less intensive residential and commercial uses by establishing physical development standards and performance standards.
4.
Ensure adequate development standards and regulations are in place to foster successful and innovative mixed-use developments.
B.
Summary of mixed-use districts. Four mixed-use districts are established to carry out these purposes:
1.
MX-NB mixed-use neighborhood districts. The MX-NB district allows a range of neighborhood-serving commercial uses (e.g., coffee shops, grocery stores, retail establishments). It is the intent of this zone to provide a mix of compact single-family, multiple-family residential, and commercial uses located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use). A variety of residential typologies are encouraged in the form of compact single-family in horizontal format, townhouses, condominiums, or apartments at a density between one and 20 units per acre.
2.
MX mixed-use districts. The MX district allows for the most intensive uses, including high-density residential, commercial, hotels, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use). A variety of residential typologies are encouraged in the form of multiple-family residential uses including live-work units, townhouses, apartments, studio flats, and condominiums at a density between 12 and 40 units per acre.
3.
MX-HD mixed-use high-density districts. The MX-HD district allows for diverse uses, including residential, commercial, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use). Multiple-family residential uses include live-work units, townhouses, apartments, studio flats, and condominiums at a density between 40 and 70 units per acre.
4.
MX-VHD mixed-use very high-density district. The MX-VHD district allows for the most intensive uses, including high-density residential, commercial, hotels, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use). A variety of residential typologies are encouraged in the form of multiple-family residential uses including live-work units, townhouses, apartments, studio flats, and condominiums at a density between 70 and 100 units per acre.
C.
Per Government Code Section 65583.2, subdivisions (c), (h) and (i), lower-income sites included in the sites inventory with a proposed zoning change to meet the RHNA shortfall, as well as vacant sites identified in two previous housing elements and nonvacant sites identified in the previous housing element shall allow owner-occupied and rental multifamily uses permitted by right (without discretionary approval) for developments in which 20 percent or more of the units are affordable to lower income households, accommodate a minimum of 16 units per site, and include a minimum density of 20 units per acre. "By right" means that a conditional use permit, planned unit development permit, or other discretionary review or approval is not required.
(Ord. 967 § 7, 2024; Ord. 970 § 9, 2024)
§ 18.22.020 Land use regulations for all mixed-use districts.
In Schedule 18.22.020, the uses allowed for each mixed-use zoning district are established by letter designations as follows:
"P" designates use classifications permitted in mixed-use districts.
"U" designates use classifications permitted on approval of a use permit.
"T" designates use classifications permitted on approval of a temporary use permit.
"L" followed by a number designates use classifications subject to certain limitations listed by number following the schedule.
"P/U" designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.
The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution under PHMC § 18.15.010. The "Additional Use Regulations" column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this title.
SCHEDULE 18.22.020 MIXED-USE DISTRICTS: LAND USE REGULATIONS | P U T L – | Permitted Use Permit Required Temporary Use Permit Required Limited (see specific limitations listed following schedule) Not Permitted | |||
|---|---|---|---|---|---|
MX-N | MX | MX-HD | MX-VDH | Additional Use Regulations | |
Residential Uses | |||||
Accessory dwelling unit | See PHMC § 18.20.095. | ||||
Accessory, junior, dwelling unit | See PHMC § 18.20.095. | ||||
Bed and breakfast | – | – | – | – | |
Care facility, small, licensed | P | P | P | P | |
Care facility, small, unlicensed | U | U | U | U | See PHMC § 18.20.075. |
Emergency homeless shelter | U | U | U | U | |
Family day care home, up to 14 children | P | P | P | P | |
Group residential | – | – | – | P | |
Home occupation | P | P | P | P | See PHMC § 18.20.070. |
Low barrier navigation center | P | P | P | P | |
Mobile home park | P | P | P | P | |
Multifamily residential | P | P | P | P | |
Senior housing | P | P | P | P | |
Single-room occupancy | – | – | – | U | See PHMC § 18.20.085. |
Supportive housing | P | P | P | P | |
Transitional housing | P | P | P | P | |
Public and Semipublic | |||||
Care facility, large, licensed or unlicensed | – | – | – | U | See PHMC § 18.20.075. |
Clubs and lodges | U | U | U | U | |
Community center | U | U | U | U | |
Cultural institutions | U | U | U | U | |
Day care, general | U | U | U | U | L-1 |
Park and recreational facilities | U | U | U | U | |
Public safety facilities | U | U | U | U | |
Offender rehabilitation services | – | – | – | – | |
Religious assembly | U | U | U | U | |
Schools, public or private | U | U | U | U | |
Utilities, major | U | U | U | U | |
Utilities, minor | P | P | P | P | |
Wireless telecommunications facility | L-4 | L-4 | L-4 | L-4 | See PHMC Chapter 18.67. |
Commercial Uses | |||||
Adult businesses | – | – | – | – | |
Animal boarding | – | – | – | – | |
Animal clinic | U | U | U | U | |
Animal day care | U | U | U | U | |
Animal grooming | P | P | P | P | |
Animal hospitals | – | – | – | – | |
Artists' studios | P | P | P | P | |
Banks and savings and loans | P | P | P | P | |
With drive-through service | – | – | – | – | |
Cannabis retailer, medical | – | U | U | U | |
Cannabis retailer, adult-use | – | – | – | – | |
Catering services | P | P | P | P | |
Commercial parking facility | – | – | – | – | |
Eating and drinking establishments | P | P | P | P | |
With live entertainment/dancing inside of a building | – | – | – | – | |
Type A | – | P | P | P | |
Type B | – | U | U | U | |
Type C | – | – | – | – | |
With up to 12 outdoor seats | P | P | P | P | |
With more than 12 outdoor seats | U | U | U | U | |
Fitness studio, less than 5,000 square feet | P | P | P | P | |
Fitness studio, greater than 5,000 square feet | U | U | U | U | |
Food and beverage sales | P | P | P | P | |
Hotels | U | U | P | P | |
Live entertainment | – | – | – | – | |
Type A | – | P | P | P | |
Type B | – | U | U | U | |
Type C | – | – | – | – | |
Medical marijuana dispensaries | – | – | – | – | |
Offices, general and medical, less than 35 percent of the gross floor area | P | P | P | P | |
Personal improvement services | U | U | U | U | |
Personal services | P | P | P | P | |
Pharmacy | P | P | P | P | |
Retail sales, less than 20,000 square feet | P | P | P | P | |
Research and development | U | U | U | U | |
Retail sales, more than 20,000 square feet | L-3 | U | U | U | |
Theaters | – | P | P | P | |
Travel services | P | P | P | P | |
Accessory Uses | P/U | P/U | P/U | P/U | See PHMC § 18.20.050. |
Temporary Uses | See PHMC Chapter 18.100. | ||||
Agricultural sales | T | T | T | – | See L-5. |
Arts and crafts show outdoors | – | T | T | – | See L-1 and L-3. |
Christmas tree sales | – | T | T | – | See L-1 and L-5. |
Civic and community events | – | T | T | – | See L-1 and L-4. |
Commercial filming, limited | – | T | T | – | See L-1 and L-4. |
Live entertainment events | – | T | T | – | See L-1, L-2 and L-4. |
Outdoor exhibits | – | T | T | – | See L-1 and L-4. |
Personal property sales | P | P | P | – | See L-9. |
Pumpkin sales | – | T | T | – | See L-1 and L-5. |
Recreational events | – | T | T | – | See L-1 and L-4. |
Religious or group assembly events | – | T | T | – | See L-1 and L-4. |
Street fairs | T | T | T | T | See L-5. |
Swap meet | – | T | T | – | See L-1 and L-3. |
Trade fairs | – | T | T | – | See L-1 and L-3. |
Nonconforming Uses | See PHMC Chapter 18.65. | ||||
MX-N, MX, MX-HD, and MX-VHD Districts: Limitations on Specific Use Classifications | |
|---|---|
L-1 | Permitted as an accessory use if limited to the ground floor, as specified in PHMC § 18.25.060. |
L-2 | Permitted as accessory to the primary use, occupying no more than 25% of the floor area of the primary use. Retail sales by separate tenants are not allowed. |
L-3 | Limited to use with fewer than 20,000 square feet. Uses in excess of 20,000 square feet shall be required to obtain a use permit and the user shall have to demonstrate that the use provides for the day-to-day convenience shopping and services of the neighborhood. Supermarkets are compatible with the neighborhood business district and does not require a use permit. |
L-4 | Permitted, subject to a setback of 200 feet from any residential use. |
L-5 | Use permit approval is required if the use is within 100 feet of a residential property line, the establishment conducts business between 10:00 p.m. and 7:00 a.m., and the establishment serves alcoholic beverages. |
L-9 | Not more than four events during any calendar year for not more than two consecutive days per event. |
L-10 | Not more than six events during any calendar year for not more than 14 consecutive or nonconsecutive days per event. |
(Ord. 967 § 7, 2024)
§ 18.22.030 Property development regulations in the mixed-use districts.
A.
Schedule 18.22.030 sets forth the development regulations for the MX-N, MX, MX-HD, and MX-VHD districts. Letters in parentheses in the "Additional Development Regulations" column refer to regulations following the schedule or to regulations located elsewhere in this chapter.
B.
Supplemental regulations applicable to all development in the MX-N, MX, MX-HD, and MX-VHD districts are in PHMC §§ 18.25.050 through 18.25.140; they set forth requirements for accessory structures; accessory uses in commercial, office and light industrial districts; eating and drinking establishments with take-out service; hazardous materials storage; live entertainment; outdoor facilities; recycling facilities; and service stations and automobile washing. Regulations applicable to all zoning districts, included in Part 4, include requirements for:
5.
Adult uses (PHMC Chapter 18.70).
SCHEDULE 18.22.030 – DEVELOPMENT REGULATIONS IN MIXED-USE DISTRICTS | |||||
|---|---|---|---|---|---|
MX-N | MX | MX-HD | MX-VHD | Additional Development Regulations | |
Minimum Lot Area (square feet) | 7,500 | 7,500 | 7,500 | 7,500 | |
Minimum Lot Width (feet) | 75 | 75 | 75 | 75 | |
Front Setback (feet) | 15 | 15 | 10 | 5 | (C), (K) |
Side Setback (feet) | 5 | – | – | – | (B), (C) |
Corner Side Setback (feet) | 15 | 10 | 10 | 5 | (C) |
Rear Setback (feet) | – | – | 5 | 5 | (B), (C) |
Aggregate Side Setback (feet) | – | – | – | – | (C) |
Creek Setbacks | See PHMC § 18.50.150 regarding creek setbacks. | ||||
Scenic Route (feet) | 50 | 50 | 50 | 50 | |
Maximum Building Height (feet) | 35 | 40 | 50 | 60 | |
Maximum Gross FAR (commercial) | 0.75 | 0.75 | 0.75 | 0.85 | |
Minimum Site Landscaping | 25% | 15% | 15% | 15% | (D) |
See PHMC § 18.20.040.K. | |||||
City-Wide Objective Design Standards | (G) | ||||
Employee Eating Area | (F) | ||||
Commercial Uses | (A) | ||||
Storm Drain Outlets | (H) | ||||
Supplemental Regulations | |||||
Nonconforming Structures | See PHMC Chapter 18.65. | ||||
(Ord. 967 § 7, 2024)
§ 18.22.040 Additional development regulations corresponding to Schedule 18.22.030.
A.
Commercial uses. Mixed-use sites not identified as a housing opportunity site towards part of the RHNA in the Pleasant Hill Sixth Cycle Housing Element (2023-2031) shall include a minimum percentage of commercial based on the total proposed square footage of the project. Table 18.22.040-1 outlines the minimum percentage of commercial based on specific corridors within the city.
Table 18.22.040-1 Mixed-Use Zone Setback Encroachments | ||
|---|---|---|
25% COMMERCIAL REQUIREMENT (OF TOTAL GROSS FLOOR AREA) | 15% COMMERCIAL REQUIREMENT (OF TOTAL GROSS FLOOR AREA) | 10% COMMERCIAL REQUIREMENT (OF TOTAL GROSS FLOOR AREA) |
Contra Costa Boulevard | Gregory Lane | All remaining areas |
Golf Club Drive | Oak Park Boulevard | |
Monument Boulevard | Pleasant Hill Road | |
Downtown | Ellinwood Way | |
B.
Mixed-use commercial exception. Any existing single-family use in a mixed-use zone (MX-N, MX, MX-HD, MX-VHD), or the replacement of an existing single-family use, is exempt from compliance with the mixed-use requirements for percentage of commercial uses outline in Table 18.22.040-1 and is considered a conforming use, for as long as the existing single-family use continues on the site. This exemption does not apply to:
C.
Reductions from the commercial requirement. A use permit is required for mixed-use developments seeking to reduce the minimum commercial requirements in Table 18.22.040-1 and that are not exempt per subsection B of this section. Additionally, a market/retail feasibility study will be required justifying the proposed reduction in commercial and why the required commercial is not feasible or that the net realized benefit to the city will be comparable to the minimum commercial percentage requirement.
D.
MX-N, MX, MX-HD, and MX-VHD districts adjoining single-family residential districts.
1.
Planting area. A continuous planting area having at least a minimum width of five feet and at least five trees per 100 linear feet shall be provided along interior property lines adjoining a single-family residential district.
2.
Fences and walls. A required yard abutting a residential district shall be enclosed by a solid wood, concrete, or masonry wall at least six feet but not more than eight feet in height, except that a wall within 15 feet of a street property line shall not exceed three feet in height. (See also PHMC § 18.25.140.)
REQUIRED WALLS: RESIDENTIAL USE ABUTTING NONRESIDENTIAL USE (The diagram is illustrative)  |
E.
Building height, required yards, and stepbacks. In addition to all applicable standards established in this chapter, buildings taller than 35 feet in height located on a parcel adjacent to a single-family residential zone shall use a minimum of one of the following techniques:
1.
Stepbacks. The building shall be designed to "stepback" upper floors at least one foot for every one foot of increased building height above 35 feet. For example, consider a building with a proposed height of 40 feet. The height of the main wall of the building base would start at 35 feet at the required side and/or rear yard line, then increase by one foot for every foot beyond the side/rear yard line until it attains the height of 40 feet at a minimum distance of five feet behind the side/rear yard line.
2.
Additional side and rear yard area. The required side and rear yards shall be increased by one foot for every one foot of structure height in excess of 35 feet, not to exceed 10 additional feet. For example, a building with a proposed height of 40 feet would have to be set back an additional five feet from the required side/year yard lines.
BUILDING HEIGHT, AND REQUIRED YARDS, AND STEPBACKS  (The diagram is illustrative) |
F.
Minimum site landscaping. Decorative hardscape or pervious pavement may not be used to meet minimum landscape requirements as a matter of right.
Exception. Up to 50% of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas subject to architectural review or planning commission approval as part of a proposed project (see PHMC § 18.52.030.F).
G.
Buildings that incorporate over 50,000 square feet of office space shall include employee showers, clothes changing rooms, and lockers.
H.
Buildings that incorporate over 10,000 square feet of office space shall provide eating facilities for employees.
I.
City-wide objective design standards. All mixed-use developments that include two-thirds of the total gross floor area dedicated to residential units shall comply with the multifamily residential objective design standards, as adopted by city council resolution.
1.
Streamlined mixed-use projects that include two-thirds of the total gross floor area dedicated to residential units. If a proposed mixed-use project that includes two-thirds of the total gross floor area dedicated to residential units qualifies for streamlined permit review, as determined by state law, the zoning administrator shall review the proposed project to verify compliance with the objective design standards applicable to such projects. Proposed mixed-use projects that include two-thirds of the total gross floor area dedicated to residential units that comply with all objective design standards shall be processed ministerially. Qualifying projects that do not comply with the objective design standards shall be subject to the architectural review permit process, as specified in PHMC Chapter 18.115.
J.
Storm drains. All storm drain inlets in the MX-N, MX, MX-HD, and MX-VHD districts shall comply with the city's national pollutant discharge elimination system (NPDES) regulations. (See PHMC Chapter 15.05.)
K.
Hotels. Full-service hotels may include restaurants, bars and lounges, massage and spa services, administrative offices, and meeting and banquet rooms.
L.
Vehicular easements. A minimum required yard setback shall be provided and measured from any public or private vehicular easement boundary on the property.
M.
Encroachments. The front setback shall be kept open, unobstructed, and unoccupied except by those allowable encroachments identified in Table 18.22.040-2 (Mixed-Use Zone Setback Encroachments).
Table 18.22.40-2 Mixed-Use Zone Setback Encroachments | |
|---|---|
IMPROVEMENT | MAXIMUM ALLOWED ENCROACHMENT |
Sills, eaves, cornices, canopies, and other similar architectural features eight feet or more above surface grade. | Allowed in setback area |
Movable tables, chairs, umbrellas, outdoor heaters. | Allowed in setback area |
Movable partitions or planters to define an outdoor seating area not exceeding three feet in height. | Allowed in setback area |
Front stoop or porch. | Allowed in setback area |
Bicycle racks. | Allowed in setback area |
Trees and tree wells. | Allowed in setback area |
Planters and planting beds extending not more than 18 inches into the setback area and not more than 18 inches in height above grade. | Allowed in setback area |
Bay windows, on a foundation or cantilevered, chimneys, or wells for basement windows or stairs, occupying in the aggregate not more than 20% of the length of the side of the structure on which they are located. | Two feet into setback area |
Utility structures less than six square feet in size. | Allowed in setback area |
N.
Windows. Not more than 30% of any storefront (exterior) door and/or window pane shall be blocked or made opaque through the use of window treatments, paint, vinyl applications, furniture or any other method that would obstruct visibility into the building unless approved by the architectural review commission. Obstructions more than three feet away from windows are exempt. Product display spaces are allowed subject to review and approval by the zoning administrator.
P.
Parking structures.
1.
Parking structures are allowed in the MX-VHD only as accessory to the primary uses of the site, not standalone.
2.
In addition to the off-street parking and loading regulations in PHMC Chapter 18.55, parking garages in mixed-use districts shall not be located on the ground floor of a structure unless the structure space designed for residential, commercial, or other nonresidential uses is located between the parking garage and the street. This requirement shall not prevent a parking garage entrance at the ground floor of a structure.
Q.
Ground floor commercial frontage. Ground floor commercial frontages shall comply with the following:
1.
Create transparent facades with windows or clear glazing for at least 70% of the active frontage length along primary streets or public open spaces and 50% of the active frontage length along secondary streets.
2.
Windows and clear glazing on the ground floor facade must have no opaque or semiopaque building elements wider than two inches or spaced more closely than five feet between three to 10 vertical feet from the sidewalk.
3.
All ground floor commercial tenant spaces must be at least 45 feet deep for a minimum of 50% of primary street building facades, and at least 25 feet deep for a minimum of 50% of secondary street facades.
4.
Fences or plantings between an active frontage and the edge of sidewalk along a primary street shall be a maximum of three feet in height.
5.
Ground floor commercial tenant spaces shall have a minimum floor plate/ceiling height of 10 feet.
6.
Ground floor commercial tenant spaces shall provide separate trash recycling enclosures, separate from the on-site residential uses.
R.
Mixed-use frontages. Mixed-use buildings shall locate the primary building entrance for commercial uses at the building edge that faces a primary street or a public open space.
(Ord. 967 § 7, 2024; Ord. 970 § 10, 2024)
§ 18.25.010 Specific purposes.
In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of commercial, retail business, neighborhood business, office and light industrial districts regulations are to:
A.
Provide appropriately located areas consistent with the general plan for a full range of office, retail commercial, industrial and service commercial uses needed by Pleasant Hill's residents, businesses and workers.
B.
Strengthen the city's economic base, and provide employment opportunities close to home for residents of the city and surrounding communities.
C.
Create suitable environments for various types of commercial, office and industrial uses, and protect them from the adverse effects of inharmonious uses.
D.
Minimize the impact of commercial, office and industrial development on adjacent residential districts.
E.
Ensure that the appearance and effects of commercial, office and industrial buildings and uses are consistent with city-wide design guidelines and are harmonious with the character of the area in which they are located.
F.
Ensure the provision of adequate off-street parking and loading facilities.
G.
The additional purposes of each district are as follows:
1.
NB neighborhood business district. The purpose of the NB district is to provide area for immediate day-to-day convenience shopping and services, and design at a scale that is compatible and in scale with the surrounding neighborhood. Examples include a local retail business, florist, apparel shop, liquor store, grocery store, fruit store, meat market, restaurant, soda fountain, drug or variety store; professional or business office; and service establishments, including barbershop, beauty shop, launderette, shoe, and other small repair facility.
2.
RB retail business district. The purpose of the RB district is to provide area for commercial and retail businesses intended to serve the city and the region as a whole, including shopping centers containing a wide variety of commercial establishments, such as retail stores and businesses selling home furnishings, apparel, durable goods and specialty items, restaurants, commercial recreation, service stations and business, personal and financial services.
3.
PAO professional and administrative office district. The purpose of the PAO district is to provide area for professional and administrative office type uses on a scale compatible with the adjacent districts.
4.
C general commercial district. The purpose of the C district is to provide area for service commercial uses, including automobile sales and services, animal sales and services, building materials, retail sales, storage and similar uses. An office not accessory to a permitted use is excluded.
5.
LI light industrial district. The purpose of the LI district is to provide and protect areas for research and development facilities, construction yards, warehousing, and light industrial activities in a landscaped setting, including manufacture, assembly, distribution and storage of goods, but no raw materials processing or bulk handling.
(1991 code § 35-6.1; Ord. 710 § 35-6.1, 1996; Ord. 856 § 2 (Exh. A), 2011; Ord. 890 § 15, 2015)
§ 18.25.020 Land use regulations for all commercial, retail business, neighborhood business, office and light industrial districts. [1]
Schedule 18.25.020 establishes the uses allowed for each commercial, office and light industrial zoning district as indicated by the letter designations as follows:
"P" designates use classifications permitted in commercial, retail business, neighborhood business, office and industrial districts.
"U" designates use classifications permitted on approval of a use permit.
"T" designates use classifications allowed on approval of a temporary use permit.
"L" followed by a number designates use classifications subject to certain limitations listed by number following the schedule.
"P/U" designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.
The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution under PHMC § 18.15.010. The "Additional Use Regulations" column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this chapter.
SCHEDULE 18.25.020 NB, RB, PAO, C, AND LI DISTRICTS: LAND USE REGULATIONS | P U T L – | Permitted Use Permit Required Temporary Use Permit Required Limited (see specific limitations listed following schedule) Not Permitted | ||||
|---|---|---|---|---|---|---|
NB | RB | PAO | C | LI | Additional Use Regulations | |
Residential Uses | ||||||
Bed and breakfast | – | P | P | – | – | |
Care facility, small, licensed | – | P | P | – | – | |
Emergency homeless shelter | – | L-17 | – | – | L-15 | See PHMC § 18.20.085.B and C. |
Home occupation | – | P | P | – | – | See PHMC § 18.20.070. |
Multifamily residential | – | L-17 | U | – | – | |
Single-family residential | – | L-17 | – | – | – | |
Single-room occupancy | – | L-17 | U | – | – | See PHMC § 18.20.085. |
Public and Semipublic | ||||||
Care facility, large licensed or unlicensed | U | U | U | U | – | |
Clubs and lodges | U | U | U | U | – | |
Community center | P | P | P | P | – | |
Cultural institutions | U | U | U | – | – | |
Day care, general | – | U | U | – | – | |
Emergency medical care | – | U | P | – | – | |
Government offices | U | U | P | – | – | |
Park and recreation facilities | – | U | U | – | – | |
Public safety facilities | U | U | U | U | U | |
Offender rehabilitation services | – | – | – | – | U | |
Religious assembly | U | U | U | U | – | |
Schools, public or private | – | U | U | – | – | |
Utilities, major | U | U | U | U | U | See PHMC § 18.25.110. |
Utilities, minor | P | P | P | P | P | See PHMC § 18.25.110. |
Wireless telecommunications facility | L-6 | L-6 | L-6 | L-6 | L-6 | See PHMC Chapter 18.67. |
Commercial Uses | ||||||
Adult businesses | – | U | U | U | U | See PHMC Chapter 18.70. |
Ambulance services | – | – | U | U | – | |
Animal boarding | U | U | U | U | U | |
Animal clinic | U | U | U | P | – | |
Animal day care | U | U | U | U | U | |
Animal grooming | U | P | U | P | – | |
Animal hospitals | U | U | U | P | – | |
Animals: retail sales | P | P | – | – | – | |
Artists' studios | P | P | P | P | – | |
Automobile maintenance, limited | – | P | – | P | P | |
Automobile service stations | U | P | – | P | P | |
Automobile, vehicle/equipment broker | P | L-3 | P | – | L-3 | |
Automobile, vehicle/equipment repair | – | – | – | P | P | |
With body and fender work | – | – | – | U | P | |
Automobile, vehicle/equipment sales and rentals | – | U | – | P | P | |
Automobile, vehicle/equipment wholesaler | – | – | – | P | P | See PHMC § 18.25.150. |
Automobile washing | – | U | – | P | P | |
Banks and savings and loans | P | P | U | – | – | |
With drive-through service | U | U | U | – | – | |
Building materials and services | – | U | – | U | U | |
Cannabis retailer, medical | – | L-18 | U | U | U | See PHMC § 18.25.170 |
Cannabis retailer, adult-use | – | – | – | – | – | |
Cardrooms | – | U | – | – | – | |
Catering services | P | P | – | P | – | |
Commercial filming | – | U | U | U | U | |
Commercial recreation and entertainment | U | U | L-1 | – | L-12 | |
Commercial parking facility | – | U | U | U | P | |
Communication facilities | U | U | P | – | P | |
Drive-through service | – | U | – | – | – | |
Eating and drinking establishments | L-7 | P | L-2 | – | L-2 | See PHMC § 18.25.070. |
With live entertainment/dancing inside of a building | – | – | – | – | – | |
Type A | – | P | P | – | – | |
Type B | – | U | U | – | – | |
Type C | – | U | – | – | – | |
With up to 12 outdoor seats | P | P | P | – | – | See PHMC § 18.25.070. |
With more than 12 outdoor seats | U | U | U | – | – | See PHMC § 18.25.070. |
Equipment and appliance maintenance and repair services | U | P | P | – | P | |
Fitness studio | U | U | U | – | L-12 | |
Food and beverage sales | P | P | U | – | – | |
Funeral and interment services | – | U | – | – | U | |
Horticultural, limited | – | – | – | – | – | |
Hotels | – | P | P | – | – | |
Laboratories | – | – | – | U | P | |
Live entertainment | ||||||
Type A | – | P | P | – | – | |
Type B | – | U | U | – | – | |
Type C | – | U | – | – | – | |
All types, outside of a building | – | U | – | – | – | |
Maintenance services establishment | – | – | – | P | P | See PHMC § 18.25.150. |
Medical marijuana dispensaries | – | – | – | – | – | |
Motels | – | P | – | – | – | |
Nurseries | – | P | P | – | – | |
Offices, general and medical | P | L-3 | P | – | L-3 | |
With bail bonds | – | – | U | – | – | |
Pawn shops | – | U | – | – | – | |
Personal improvement services | U | U | U | – | – | |
Personal services | P | P | U | – | – | |
Pharmacy | P | P | L-2 | P | L-4 | |
Wholesale (no retail services) | P | P | U | P | L-4 | |
Research and development services | – | – | U | – | P | |
Retail sales, less than 20,000 square feet | P | P | L-2 | P | L-4 | |
Firearms sales | – | L-16 | L-16 | L-16 | L-16 | This regulation also applies to firearms sales in any planned unit district (PUD). |
With enclosed or unenclosed outdoor drop-off, display or storage of goods | U | U | – | U | – | |
Retail sales, more than 20,000 square feet | L-5 | P | L-2 | P | L-4 | |
Automobile parts and accessory sales with incidental installation located entirely within an enclosed building | – | P | – | P | P | |
Firearms sales | – | L-16 | L-16 | L-16 | L-16 | This regulation also applies to firearms sales in any planned unit district (PUD). |
With enclosed or unenclosed outdoor drop-off, display or storage of goods | U | U | – | U | – | |
Theaters | – | P | – | – | – | |
Travel services | P | P | – | P | – | |
Industrial | ||||||
Fuel storage and distribution | – | – | – | – | U | |
Industry, custom | – | – | – | U | P | |
Artisan/custom products | – | – | – | P | P | |
Industry, custom, small-scale | – | – | – | P | P | |
Industry, limited | – | – | – | U | P | |
Industry, limited, small-scale | – | – | – | P | P | |
Research and development industry | – | – | U | P | P | |
Vehicle storage facilities | – | – | – | P | P | See PHMC § 18.25.150. |
Warehousing and storage, limited | – | – | – | P | P | |
Wholesaling, distribution and storage | – | – | – | P | P | Maximum one dwelling unit per site as caretaker housing. |
Temporary Uses | See PHMC Chapter 18.100. | |||||
Agricultural sales | T | T | – | – | – | See L-10. |
Animal shows or sales | T | T | – | – | – | See L-8. |
Arts and crafts shows, outdoors | – | T | – | – | – | See L-10. |
Civic and community events | T | T | T | – | – | See L-10. |
Commercial filming, limited | T | T | T | T | T | See L-8. |
Eating and drinking use | T | T | T | T | T | |
Farmers' market | – | T | – | – | – | See L-11. |
Live entertainment events | – | T | – | – | – | See L-8 and L-13. |
Real estate sales | T | T | T | T | T | |
Recreational events | T | T | T | – | – | See L-10. |
Religious or group assembly | – | T | – | – | – | See L-8. |
Retail sales, outdoor | T | T | – | T | – | See L-10 and L-14. |
Street fairs | – | T | – | – | – | See L-10. |
Swap meets | – | T | – | T | – | See L-9. |
Trade fairs | – | U | – | – | – | |
Nonconforming Uses | See PHMC Chapter 18.65. | |||||
NB, RB, PAO, C and LI Districts: Limitations on Specific Use Classifications | |
|---|---|
L-1 | Only tennis/racquetball courts are allowed subject to approval of a use permit. |
L-2 | Permitted as an accessory use if limited to the ground floor, as specified in PHMC § 18.25.060. |
L-3 | Permitted on the second floor and above as the primary use, or on the ground floor when conducted as accessory to a permitted primary use, and occupying no more than 25% of the floor area of the primary use. Additional office floor area may be allowed upon approval of a use permit, or as part of a planned unit district (PUD). |
L-4 | Permitted as accessory to the primary use, occupying no more than 25% of the floor area of the primary use. Retail sales by separate tenants are not allowed. |
L-5 | Limited to use with fewer than 20,000 square feet. Uses in excess of 20,000 square feet shall be required to obtain a use permit and the user shall have to demonstrate that the use provides for the day-to-day convenience shopping and services of the neighborhood. Supermarkets are compatible with the neighborhood business district. |
L-6 | Permitted, subject to a setback of 200 feet from any residential use. |
L-7 | Use permit approval is required if the use is within 100 feet of a residential property line, the establishment conducts business between 10:00 p.m. and 7:00 a.m., and the establishment serves alcoholic beverages. |
L-8 | Not more than four events during any calendar year for not more than seven consecutive or nonconsecutive days per event. |
L-9 | Not more than four events during any calendar year for not more than two consecutive days per event. |
L-10 | Not more than six events during any calendar year for not more than 14 consecutive or nonconsecutive days per event. |
L-11 | Permitted as a regularly scheduled weekly event not to exceed 45 times a calendar year. |
L-12 | Only allowed through approval of a use permit, in the light industrial overlay zoning district. On-site child care/day care is not permitted. |
L-13 | See PHMC § 18.25.090 for live entertainment standards. |
L-14 | See PHMC § 18.25.100 for outdoor sales standards. (Note that for temporary uses, the temporary use permit procedures apply and not the minor use permit mentioned in that section.) |
L-15 | Emergency homeless shelters are permitted "by right" in the limited industrial district (LI) subject to the development standards and regulations noted in PHMC § 18.20.085. However, once the city's local need for providing emergency homeless shelters is satisfied (based on the most current homeless census data), a conditional use permit is required for any additional beds or emergency homeless shelters. In addition, no emergency homeless shelter is permitted on the Iron Horse Corridor (the area of the former Southern Pacific right-of-way owned by Contra Costa County as identified in Record of Survey RS 2330, filed for record on June 3, 1998, in Book 113 of Land Survey Maps at Page 46, Contra Costa County records) or on any parcel abutting the Iron Horse Corridor. |
L-16 | Permitted, subject to the requirements in PHMC § 18.25.160 for firearm sales uses. |
L-17 | Only allowed through approval of a use permit when the underlying general plan land use designation is mixed use, otherwise not permitted. |
L-18 | Allowed on the second floor and above, through approval of a use permit. |
(1991 code § 35-6.2; Ord. 710 § 35-6.2, 1996; Ord. 768 § 6, 2003; Ord. 819 § 4, 2007; Ord. 833 § 3, 2008; Ord. 837 §§ 4, 5, 2009; Ord. 856 § 2 (Exh. A), 2011; Ord. 865 §§ 3, 4, 2012; Ord. 867 § 6, 2012; Ord. 874 § 4, 2013; Ord. 881 § 4, 2014; Ord. 890 § 16, 2015; Ord. 895 § 3, 2016; Ord. 902 § 3, 2016; Ord. 908 § 2, 2017; Ord. 910 § 3, 2017; Ord. 925 § 2, 2018; Ord. 931 § 3, 2019; Ord. 949 § 9, 2021; Ord. 964 § 8, 2023)
[1]
Code reviser's note: Ord. 895 amended this section without taking into account the amendments of Ord. 890. Those amendments have been retained per the intent of the city.
§ 18.25.030 Property development regulations in the commercial, office and light industrial districts.
A.
Schedule 18.25.030 sets forth the development regulations for the NB, RB, PAO, C and LI districts. The first three columns set forth basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Development Regulations" column refer to regulations following the schedule or to regulations located elsewhere in this chapter.
B.
Supplemental regulations applicable to all development in the NB, RB, PAO, C and LI districts are in PHMC §§ 18.25.050 through 18.25.140; they set forth requirements for accessory structures; accessory uses in commercial, office and light industrial districts; eating and drinking establishments with take-out service; hazardous materials storage; live entertainment; outdoor facilities; recycling facilities; and service stations and automobile washing. Regulations applicable to all zoning districts, included in Part 4, include requirements for:
5.
Adult uses (PHMC Chapter 18.70).
SCHEDULE 18.25.030 – DEVELOPMENT REGULATIONS IN COMMERCIAL, OFFICE AND LIMITED INDUSTRIAL DISTRICTS | ||||||
|---|---|---|---|---|---|---|
NB | RB | PAO | C | LI | Additional Development Regulations | |
Minimum Lot Area (square feet) | 7,500 | 7,500 | 10,000 | 7,500 | 20,000 | |
Minimum Lot Width (feet) | 75 | 75 | 100 | 50 | 100 | |
Minimum Yards: | ||||||
Front (feet) | 25 | 25 | 20 | 10 | 20 | (G) |
Side (feet) | – | – | 5 | – | – | (A),(G) |
Corner Side (feet) | 25 | 25 | 20 | 10 | 20 | (G) |
Rear (feet) | – | – | 20 | – | – | (A),(G) |
Aggregate Side (feet) | – | – | 15 | – | – | (G) |
Creek Setbacks | See PHMC § 18.50.150 regarding creek setbacks. | |||||
Scenic Route (feet) | 50 | 50 | 50 | 50 | 50 | (I) |
Maximum Building Height (feet) | 35 | 35 | 35 | 35 | 35 | |
Maximum Number of Stories | 2 1/2 | 2 1/2 | 2 1/2 | 2 1/2 | 2 1/2 | |
Maximum Gross FAR | 0.35 | 0.40 | 0.35 | 0.35 | 0.40 | |
Minimum Site Landscaping | 25% | 25% | 30% | 20% | 20% | (B) |
Amenities for Bicyclists | (C) | |||||
Building Design | (E) | |||||
Employee Eating Area | (D) | |||||
Storm Drain Outlets | (F) | |||||
Supplemental Regulations | ||||||
Nonconforming Structures | See PHMC Chapter 18.65. | |||||
(1991 code § 35-6.4; Ord. 710 § 35-6.4, 1996; Ord. 844 § 5 (Exh. B), 2010; Ord. 856 § 2 (Exh. A), 2011; Ord. 890 § 17, 2015; Ord. 964 § 9, 2023)
§ 18.25.040 Additional development regulations corresponding to Schedule 18.25.030.
A.
NB, RB, PAO, C and LI districts adjoining residential districts.
1.
Additional setbacks. In the NB, RB, PAO, C and LI districts, the side or rear yard shall be 25 feet if it adjoins an R district.
2.
Planting area. A continuous planting area having at least a minimum width of five feet and at least five trees per 100 linear feet shall be provided along interior property lines adjoining an R district.
3.
Daylight plane requirement. Structures shall not intercept a 30-degree daylight plane inclined inward from a height of six feet above existing grade at the R district boundary line.
 REQUIRED DAYLIGHT PLANE AT ADJOINING RESIDENTIAL DISTRICTS (The diagram is illustrative) |
4.
Fences and walls. A required yard abutting a residential district shall be enclosed by a solid wood, concrete or masonry wall at least six feet but not more than eight feet in height, except that a wall within 15 feet of a street property line shall not exceed three feet in height. (See also PHMC § 18.25.140.)
 REQUIRED WALLS: RESIDENTIAL USE ABUTTING NONRESIDENTIAL USE (The diagram is illustrative) |
B.
Minimum site landscaping.
1.
Decorative hardscape, mulch or pervious pavement may not be used to meet minimum landscape requirements as a matter of right. However, up to 50% of the required landscaping may be provided through the use of decorative hardscape, mulch and/or pervious pavement areas and are to be treated as landscape areas (credited for up to 50% of required project landscaped area subject to architectural review or planning commission approval) as part of a proposed project (see PHMC § 18.52.030.F). The planning and architectural review commissions shall establish guidelines related to the use of decorative hardscape, mulch and pervious pavement.
2.
PAO district. At least 50% of each required interior side and rear yard shall be planting area.
C.
Office buildings over 50,000 square feet. Showers, clothes changing rooms, and lockers shall be provided for all office buildings and office complexes over 50,000 square feet.
D.
Office buildings over 5,000 square feet. Eating facilities for employees shall be provided for all office buildings containing more than 5,000 square feet.
E.
Design compatibility. The exterior elevation design of all buildings shall be coordinated with regard to color, materials, architectural form and detailing to achieve design harmony, continuity and horizontal and vertical relief and interest. The design of all buildings shall be compatible with the character of the neighboring area.
F.
Storm drains. All storm drain inlets in the NB, RB, PAO, C and LI districts shall comply with the city's national pollutant discharge elimination system (NPDES) regulations. (See PHMC Chapter 15.05.)
G.
Vehicular easements. A minimum required yard setback shall be provided and measured from any public or private vehicular easement boundary on the property.
H.
Windows. Not more than 30% of any storefront (exterior) door and/or window pane shall be blocked or made opaque through the use of window treatments, paint, vinyl applications, furniture or any other method that would obstruct visibility into the building unless approved by the architectural review commission. Obstructions more than three feet away from windows are exempt. Product display spaces are allowed subject to review and approval by the zoning administrator or architectural review commission. Any existing use that is not in compliance with this requirement at the time of adoption of the ordinance codified in this section shall bring the use into compliance within 12 months of the date of ordinance adoption.
I.
Scenic routes. See 2040 General Plan, Land Use Goal 2 (LU-2).
(1991 code § 35-6.5; Ord. 710 § 35-6.5, 1996; Ord. 745 § 2, 2000; Ord. 856 § 2 (Exh. A), 2011; Ord. 890 § 18, 2015; Ord. 906 § 5, 2016; Ord. 934 § 4, 2019; Ord. 964 § 10, 2023)
§ 18.25.050 Container or storage unit.
The following supplemental regulations apply to containers and storage units in the NB, RB, PAO, C and LI districts:
A.
A container or storage unit is not allowed unless there is a grading or building permit for construction on the site and a zoning permit has been issued for the container or storage unit. The container or storage unit will be allowed only during the construction period.
B.
The container or storage unit:
C.
Exception. A transport trailer located inside a loading dock is not subject to this section.
(1991 code § 35-6.6(a); Ord. 710 § 35-6.6, 1996; Ord. 757 §§ 2, 3, 2001)
§ 18.25.060 Accessory structures and uses.
B.
In the NB, RB, PAO, C, and LI districts, the following accessory uses are permitted on site; no accessory uses are permitted off site.
1.
Uses intended to serve only occupants of the building within which such uses are located. These uses may include, but are not limited to, restaurants, cafeterias, galleries, specialty or gift shops, employee fitness facilities, first aid stations, community facilities, and business services necessary for the functioning of office uses or other commercial uses, provided they are located on the ground level and the total combined square footage of the accessory use does not exceed 25% of the ground level square footage of two-level or greater buildings with at least two levels above grade.
2.
Parking facilities in conjunction with a principal use.
3.
Uses noted in subsection B.1 of this section that primarily serve the general public and/or that exceed 25% of the ground level square footage may be allowed subject to approval of a conditional use permit from the planning commission and compliance with parking provisions contained in PHMC Chapter 18.55.
(1991 code § 35-6.6(b); Ord. 710 § 35-6.6, 1996; Ord. 856 § 2 (Exh. A), 2011; Ord. 890 § 19, 2015)
§ 18.25.070 Eating and drinking establishments with take-out service or with outdoor seating.
The following supplemental development regulations shall apply to eating and drinking establishments with (i) take-out service, other than limited take-out service, as defined in PHMC § 18.15.040 or (ii) outdoor seating:
A.
Take-out service litter control. The area within at least a 300-foot radius shall be maintained free of debris originating from the establishment. If a use permit is required, the use permit may contain a condition requiring the operator to retain a contract litter cleanup service or use identifiable containers and napkins for all carry-out food if the zoning administrator determines that a litter problem exists.
B.
Outdoor seating. Up to 12 outdoor seats are allowed if: (1) no required parking spaces are eliminated or restricted in order to provide the outdoor seating; (2) all legal requirements for alcoholic beverage sales or services are being met; and (3) the use does not violate state, federal or local laws for handicapped accessibility.
(1991 code § 35-6.6(c); Ord. 710 § 35-6.6, 1996; Ord. 856 § 2 (Exh. A), 2011)
§ 18.25.080 Hazardous materials storage.
The following supplemental regulations are intended to ensure that the use, handling, storage and transport of hazardous substances comply with all applicable requirements of the California Health and Safety Code and that the city is notified of emergency response plans, unauthorized releases of hazardous substances, and any substantial changes in facilities or operations that could affect the public health, safety or welfare. It is not the intent of these regulations to impose additional restrictions on the management of hazardous wastes.
A.
Permit required. A use permit is required for any new commercial, industrial, or institutional use or accessory use, or major addition or alteration to an existing use that involves the manufacture, storage, handling, or processing of hazardous substances in sufficient quantities to require a permit for hazardous chemicals under the Uniform Fire Code. Consumer propane tank collection facilities are allowed subject to review and approval of a zoning permit by the zoning administrator.
B.
Hazardous materials release response plans. Each business located in the city and required by the California Health and Safety Code to prepare a hazardous materials release response plan shall submit copies of all such approved plans, including any corrected plans or revised plans, to the zoning administrator once reviewed and approved by the public agency administering these provisions of the California Health and Safety Code. These submittal requirements shall be a condition of approval of a zoning permit for (1) new development where space may be occupied by such a business, and (2) any alteration or addition to an existing building or structure occupied by a business subject to these provisions of the California Health and Safety Code.
1.
Notify the fire district of any unauthorized release of hazardous substances within 24 hours after the release has been detected and the steps taken to control the release; and
2.
Notify the fire district and the director of public works and community development of any proposed abandoning, closing or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.
(1991 code § 35-6.6(d); Ord. 710 § 35-6.6, 1996; Ord. 856 § 2 (Exh. A), 2011; Ord. 890 § 20, 2015)
§ 18.25.090 Live entertainment.
The following regulations apply to any use offering scheduled live entertainment:
A.
Exits, not limited to emergency use only, shall generally be directed away from a residential district adjoining the site;
B.
The live entertainment use shall be conducted in a manner that does not result in significant negative effects related to litter, noise, loitering, parking, or traffic circulation;
C.
Approval of a live entertainment use applies only to the type of entertainment, and a different type of entertainment requires a separate approval from the city;
D.
Type A live entertainment requires review and approval of a zoning permit; Type B and C live entertainment requires review and approval of a use permit; permanent outdoor live entertainment of any type requires review and approval of a use permit; and temporary live entertainment events require review and approval of a temporary use permit;
E.
For Type B and C live entertainment uses, the applicant, including employees, partners, directors, officers or managers, may not have been convicted of any of the following offenses within the prior five years. The police department shall conduct a background investigation, which may be waived at the discretion of the department.
G.
The zoning administrator, at his/her discretion, may review and modify the permit for live entertainment if more than three separate and verified complaints are received during any 30-day period, or refer the matter to the planning commission.
(1991 code § 35-6.6(e); Ord. 710 § 35-6.6, 1996; Ord. 856 § 2 (Exh. A), 2011; Ord. 865 § 5, 2012)
§ 18.25.100 Outdoor sales facilities.
The following supplemental regulations apply to outdoor sales facilities in the NB, RB, PAO, C and LI districts.
A.
Where permitted. A minor use permit is required for outdoor display of sales of merchandise, materials, or equipment in an RB, C or LI district, including display of merchandise, materials, and equipment for customer pick-up. A sidewalk cafe and outdoor food service accessory to an eating and drinking establishment are permitted in the NB, RB, and PAO districts, subject to limitations imposed in PHMC § 18.25.020, provided no outdoor preparation of food or beverages is allowed.
B.
Permit conditions – Grounds for denial. A minor use permit for outdoor sales, display, or food service may include a condition to require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic areas as identified in the general plan. If such impacts cannot be prevented, the zoning administrator shall deny the use permit application.
C.
Screening. Screening shall be provided as prescribed by the minor use permit. Each vending machine located in an R district or within 300 feet of an R district, except for a machine located on the site of a service station, shall be buffered from view from the public right-of-way.
(1991 code § 35-6.6(f); Ord. 710 § 35-6.6, 1996)
§ 18.25.105 Outdoor donation collection facilities.
The following supplemental regulations apply to outdoor donation collection facilities in the NB, RB, PAO, C and LI districts:
A.
Where permitted. A minor use permit is required for outdoor donation collection of clothes, books, equipment, merchandise, etc.
B.
Permit conditions – Grounds for denial. A minor use permit for outdoor donation collection facilities may include a condition to require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic areas as identified in the general plan. If such impacts cannot be prevented, the zoning administrator shall deny the use permit application.
C.
Screening. Screening shall be provided as prescribed by the minor use permit. Any outdoor donation collection facility located within 300 feet of an R district shall be buffered from view from the public right-of-way.
(Ord. 890 § 21, 2015)
§ 18.25.110 Recycling facilities.
The following supplemental regulations govern recycling facilities including collection and processing facilities.
A.
Permits required. No person shall permit the placement, construction, or operation of any recycling facility without first obtaining a minor use permit and, if required, architectural review commission (ARC) approval as follows:
Type of Facility | Districts Permitted | Permit Required |
|---|---|---|
Single-Feed Reverse Vending Machine(s) | RB, NB, C and LI | None |
Bulk Reverse Vending Machine and Small Collection Facilities (500 sq. ft. or less) | RB, NB and LI | Use Permit, ARC Approval |
Large Collection Facility (Over 500 sq. ft.) | RB, NB, and LI | Use Permit, ARC Approval |
Light Processing Facility (Less than 45,000 sq. ft.) | C and LI | Use Permit, ARC Approval |
Heavy Processing Facility (Over 45,000 sq. ft.) | LI | Use Permit, ARC Approval |
B.
Permits for multiple sites. The zoning administrator may grant a minor use permit to allow more than one reverse vending machine or small collection facility located on different sites, provided the operator of each of the proposed facilities is the same and the proposed facilities are determined by the zoning administrator to be similar in nature, size and intensity of activity.
C.
Design criteria and standards.
1.
A collection facility shall be set back at least 20 feet from a street property line and 10 feet from an interior property line. In addition, a collection facility with more than 500 square feet of floor area shall be located at least 150 feet from an R district.
2.
Each machine in a collection facility shall be clearly marked with a sign that identifies the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
3.
A reverse vending machine installation shall use exterior materials and colors that are compatible with adjacent residential uses and other businesses on the site.
4.
A container for the 24-hour donation of materials shall be at least five feet from the boundary of an R district.
5.
No collection facility shall be used at any time for collection of refuse or hazardous waste, except used motor oil accepted for recycling in accord with California Health and Safety Code section 25250.11.
6.
In a processing facility, mechanical operations such as flattening, sorting, compacting, bailing, shredding and grinding shall take place within a fully enclosed building or within an area enclosed by a solid wood or masonry fence at least eight feet in height and at least 150 feet from an R district.
7.
A processing facility shall be buffered by a landscape strip at least 10 feet wide along each property line.
8.
No processing facility shall operate between 8:00 p.m. and 8:00 a.m. if the facility is located within 500 feet of an R district.
D.
Site clean-up required. The operator and host business of any recycling, collection or processing facility shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the containers, bins or enclosures intended as receptacles for such materials. Failure to remove such materials or refuse after notice by the city shall constitute grounds for permit revocation, in accord with PHMC § 18.135.040.
(1991 code § 35-6.6(g); Ord. 710 § 35-6.6, 1996)
§ 18.25.120 Service stations and automobile washing.
The following supplemental development regulations shall apply to the service stations and automobile washing use classifications.
A.
Planting areas. Perimeter planting areas are the same as those required for parking lots by PHMC § 18.55.140, except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas. A minimum of 15% of the site area shall be landscaped.
B.
Storage of materials and equipment. A display rack for automobile products no more than four feet wide may be maintained at each pump island of a service station. If a display rack is not located on a pump island, it shall be placed within three feet of the principal building, and there may be no more than one per street frontage.
C.
Storage of vehicle parts and dismantled vehicles. All discarded parts, dismantled vehicles, wrecked vehicles or vehicles under repair shall be stored or located in an enclosed storage area.
(1991 code § 35-6.6(h); Ord. 710 § 35-6.6, 1996)
§ 18.25.130 Hours of operation.
A use in the PAO, C, or LI district having open parking or wall openings within 100 feet of an R district shall not operate between 10:00 p.m. and 7:00 a.m. without a use permit.
(1991 code § 35-6.6(i); Ord. 710 § 35-6.6, 1996)
§ 18.25.140 Fences and walls.
The maximum height of a fence or wall (including a retaining wall) is six feet, except three feet within required front and corner side yards, unless otherwise specified. A required yard abutting a residential zoning district must be enclosed by a solid wood, concrete or masonry wall at least six feet in height, but not more than eight feet in height. (See also PHMC §§ 18.25.040.A.4 and 18.55.140.A.)
A.
Rear property line exceptions. On a lot with a rear lot line abutting a public trail, canal, East Bay Municipal Utility District right-of-way or public street, the maximum rear yard fence height is eight feet.
B.
Fences with retaining walls. When a fence is placed on top of a retaining wall, the height is the combined height of the retaining wall, fence, wall or screen (not to exceed a maximum height of six feet measured from the higher side of the adjacent grade). A retaining wall is not included in the measurement if it is located so that its horizontal distance from the fence is equal to or greater than the height of the retaining wall.
D.
Prohibited fences. High voltage electrical fences, razor wire, barbed wire, and other materials which pose a safety hazard are strictly prohibited.
(1991 code § 35-6.6(j); Ord. 710 § 35-6.6, 1996; Ord. 745 § 3, 2000; Ord. 856 § 2 (Exh. A), 2011; Ord. 949 § 10, 2021)
§ 18.25.150 Vehicle storage facilities.
The following regulations apply to any areas designated for vehicle storage use:
A.
The vehicle storage lot area shall be entirely screened with an eight-foot-tall, solid, aesthetically pleasing barrier.
B.
The storage facilities shall incorporate sound attenuation solutions to comply with PHMC § 18.50.060.
C.
When within 100 feet of a residential district, the use shall not operate between the hours of 10:00 p.m. and 7:00 a.m. without a use permit.
(Ord. 856 § 2 (Exh. A), 2011)
§ 18.25.160 Firearm sales uses.
The following regulations apply to firearm sales businesses. The findings set forth in PHMC § 9.35.010.A are hereby incorporated by reference. The purpose of this section is to advance the public health, safety, and welfare by imposing reasonable locational restrictions on any entity that establishes a firearm sales business in the city. For purposes of this section, "firearm sales" shall have the same meaning as set forth in PHMC § 18.15.040.
A.
Locational restrictions.
1.
Subject to the other limitations of this chapter and the Pleasant Hill Municipal Code, firearm sales may be located in any general commercial district, retail business district, professional and administrative office district, light industrial district, and planned unit district.
2.
In those districts where a business engaged in firearm sales may otherwise be located, it shall be unlawful to establish any such firearm sales business unless the applicant provides proof that the property where the proposed firearm sales will be conducted is not:
a.
Within 150 feet from any residence, when measured from the property line of any residence to the door of the firearm sales business that is nearest to that same property line of the residence;
b.
Within 1,000 feet of the exterior limits of any building premises occupied by a day care that is designated as a large family day care, PHMC § 18.15.020, or general day care, PHMC § 18.15.030, when measured from the closest points on the exterior property lines or area boundaries of the parcels or properties involved, except that when an applicant occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied;
c.
Within 1,000 feet of the property line of any elementary school, junior high school, high school, college or university, whether public or private, when measured from the closest points on the exterior property lines or area boundaries of the parcels or properties involved, except that when an applicant occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied;
d.
Within 500 feet of the property line of a public park, when measured from the closest points on the exterior property lines or area boundaries of the parcels or properties involved, except that when an applicant occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied.
3.
Notwithstanding any other provision of this section, a firearm sales business may be located on any part of a parcel in a general commercial district, retail business district or planned unit district if an applicant provides proof that any portion of said parcel is not within the locational restrictions in subsections A.2.a through d of this section.
4.
Consistent with the use regulations in this chapter for any retail sales in a professional and administrative office district (L-2 in PHMC § 18.25.020), a firearm sales business may only be located in a professional and administrative office district as an accessory use if limited to the ground floor, as specified in PHMC § 18.25.060.
5.
Consistent with the use regulations in this chapter for any retail sales in a light industrial district (L-4 in PHMC § 18.25.020), a firearm sales business may only be located in a light industrial district as accessory to the primary use, occupying no more than 25% of the floor area of the primary use. Retail sales by separate tenants are not allowed.
B.
Timing and nonconforming use.
2.
Subject to subsection C of this section, the establishment of any firearm sales business shall include the opening of such a business as a new business, the relocation of the business, the conversion of an existing business to any firearm sales use, or the transfer or sale of a firearm sales business to a new owner. Expansion or relocation of a firearm sales business at an existing location, including within the same shopping center or site, is not deemed a change in business location or relocation of such a business.
3.
Any firearm sales business operating as a conforming use under this chapter with all applicable licenses and permits, including the businesses that are grandfathered in pursuant to subsection C.1 of this section, shall not be rendered a legal nonconforming use as specified in PHMC § 18.65.020 by the location of a residence, day care, school, or public park.
C.
Grandfathering for existing firearm sales businesses.
1.
The locational restrictions in subsections A.2.a through d of this section shall be inapplicable to any entity engaged in the business of firearm sales in the city and who or which has all valid permits and licenses required by the city, and by state and federal law as of the effective date of the ordinance codified in this section. Any such entity may continue firearm sales at its existing location pursuant to any valid permits and licenses so long as the operator remains fully licensed by all agencies (including, without limitation, obtaining and maintaining the permit required by PHMC Chapter 9.35), and has not sold, transferred or assigned operation of the business after the effective date of this chapter to any other entity. If any such licenses or permits are revoked, the provisions of this subsection C are inapplicable and the locational restrictions in subsections A.2.a through d of this section shall apply.
2.
The locational restrictions in subsections A.2.a through d of this section shall be inapplicable to the sale or transfer to a new owner of any existing firearm sales business that meets the requirements of subsection C.1 of this section if the operation of the firearm sales business by the new owner is at the same location or within the same shopping center or site as the prior owner's permitted business.
D.
Zoning permit required. No firearm sales business may be established in the city by right. All persons wishing to establish a firearm sales business within the city must apply for and receive a zoning permit under PHMC Chapter 18.85. It is the burden of the applicant to supply evidence to justify the grant of a zoning permit.
E.
Applicability of other regulations. The provisions in this chapter are not intended to provide exclusive regulation of firearm sales businesses. Any entity engaged in the business of firearms sales must comply with any and all applicable regulations imposed in other parts of the zoning ordinance, other city ordinances (including, without limitation, PHMC Chapter 9.35), and state and federal law.
(Ord. 895 § 4, 2016)
§ 18.25.170 Cannabis retailers.
A.
Medical cannabis retailers.
1.
Medical cannabis retailers may be located in any light industrial (LI), general commercial (C), or professional and administrative office (PAO) zoning district, subject to the granting of a use permit pursuant to PHMC Chapter 18.95, the other limitations of this chapter, and the following restrictions:
a.
A medical cannabis retailer's premises shall be closed to the public (i.e., no public storefront). The medical cannabis retailer shall conduct sales exclusively by delivery.
b.
Medical cannabis retailers are prohibited from establishing or locating within 600 feet of a public or private school providing instruction in kindergarten or any grades one through 12, day care center, or youth center, as defined by state law. For the purposes of this section, all distances shall be measured from the outer extents of the cannabis retailer's business premises (whether leased or owned) excluding parking facilities and common areas to the nearest property lines of each affected parcel.
c.
The city shall issue no more than two conditional use permits for medical cannabis retailers.
d.
A medical cannabis retailer's business premises (excluding parking facilities and common areas) shall not exceed a gross floor area of 10,000 square feet.
e.
Medical cannabis retailers shall obtain and maintain a state license for retail medicinal cannabis sales in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code, Division 10, section 26000 et seq.
f.
Medical cannabis retailers shall not create a public nuisance through offensive odors.
g.
On-site consumption of medicinal cannabis or medicinal cannabis products is prohibited.
h.
Medical cannabis retail use shall be conducted indoors only, with no outdoor use/activity related to the cannabis retailer use.
i.
Renderings of the business facade shall be provided and reviewed as part of the conditional use permit. Building facade plans shall include renderings of the exterior building elevations and any proposed signage for all sides of the building. All building facades and signage shall be in keeping with the high architectural quality and design standards of the city of Pleasant Hill. The business facade and building signs shall be compatible with and complementary to surrounding businesses and shall add visual quality to the area.
B.
Adult-use cannabis retailers. Without limiting the generality of the prohibition on commercial cannabis uses in PHMC § 18.50.140.B, adult-use cannabis retailers are prohibited in all base zoning districts and overlay districts in the city.
C.
Applicability of other regulations. The provisions in this chapter are not intended to provide exclusive regulation of cannabis retailers. Any entity or individual engaged in the business of cannabis retail sales must comply with any and all applicable regulations imposed in other parts of the zoning ordinance, other city ordinances (including, without limitation, PHMC Titles 5 and 6), and state law.
D.
It is anticipated that the number of applications could exceed the number of allowable permits for cannabis retailers. The city shall not accept applications until the city council has adopted a resolution setting forth the application period, application procedures and guidelines to evaluate applications for cannabis retailer permits. The city council expects, but is not required, to adopt application guidelines on or before January 1, 2020.
(Ord. 931 § 4, 2019)
§ 18.30.010 Specific purposes.
In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of the planned unit development and precise plan districts are to:
A.
Establish a procedure for the development of large parcels of land in order to reduce or eliminate the rigidity, delays, and conflicts that otherwise would result from application of zoning standards and procedures designed primarily for small parcels.
B.
Ensure orderly and thorough planning and review procedures that will result in quality urban design.
C.
Encourage variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenities.
D.
Encourage allocation and improvement of common open space in residential areas, and provide for maintenance of the open space at the expense of those directly benefiting from it.
E.
Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.
(1991 code § 35-9.1; Ord. 710 § 35-9.1, 1996)
§ 18.30.020 Land use regulations.
No use other than an existing use is permitted in a PUD district except in accord with a valid PUD or specific plan. Any permitted or conditional use authorized by this title may be included in an approved PUD plan or an adopted specific plan consistent with the general plan land use designation(s) for the property.
(1991 code § 35-9.2; Ord. 710 § 35-9.2, 1996)
§ 18.30.030 Land use and development regulations for existing PUD or PPD district.
Land use and development regulations for a PUD or PPD existing as of October 21, 1995 (the date of adoption of Ordinance No. 710) shall be determined in accordance with the following schedule unless the existing PUD or PPD has an adopted land use and development schedule. In the event of a conflict between applicable zoning district regulations, the more restrictive provisions shall apply unless otherwise determined by the zoning administrator based on physical site characteristics.
SCHEDULE 18.30.030 PUD AND PPD DISTRICTS LAND USE AND DEVELOPMENT REGULATIONS | ||
|---|---|---|
General Plan Designation and Base District(s) | Applicable Zoning Designation | Schedules |
Single-Family Low Density | R-20 and R-15 | 18.20.020; 18.20.030 |
Single-Family Medium Density | R-10 and R-10A | 18.20.020; 18.20.030 |
Single-Family High Density | R-7 and R-6 | 18.20.020; 18.20.030 |
Multiple-Family Very Low Density | MRVL | 18.20.020; 18.20.030 |
Multiple-Family Low Density | MRL | 18.20.020; 18.20.030 |
Multiple-Family Medium Density | MRM | 18.20.020; 18.20.030 |
Multiple-Family High Density | MRH | 18.20.020; 18.20.030 |
Commercial/Retail | RB | 18.25.020; 18.25.030 |
Office | PAO | 18.25.020; 18.25.030 |
Limited Industrial | LI | 18.25.020; 18.25.030 |
Park | R-20 | 18.20.020; 18.20.030 |
Open Space | R-20 | 18.20.020; 18.20.030 |
(1991 code § 35-9.3; Ord. 710 § 35-9.3, 1996; Ord. 796 § 6, 2005; Ord. 856 § 2 (Exh. A), 2011)
§ 18.30.040 Development regulations.
A.
Minimum area. The minimum area of a PUD district shall be four contiguous acres. The city council may approve a PUD district that contains less than four acres, but at least two acres, upon a finding that special site characteristics exist, and at least one acre when the project site is located in a nonresidential general plan land use classification, upon a finding that special site characteristics exist.
B.
Residential unit density. The total number of dwelling units in a PUD plan shall not exceed the minimum number permitted by the general plan for the total area allocated to residential use unless findings under Government Code section 65589.5 are met and in no instance shall the maximum number of dwelling units exceed the maximum permitted by the general plan unless a density bonus is approved under PHMC § 18.20.150.
D.
Other development regulations. Other development regulations shall be as prescribed by the PUD or specific plan.
(1991 code § 35-9.4; Ord. 710 § 35-9.4, 1996; Ord. 772 § 3, 2003; Ord. 856 § 2 (Exh. A), 2011; Ord. 915 § 9, 2017; Ord. 938 § 7, 2020)
§ 18.30.050 Concept plan.
Each rezoning to PUD shall have a written concept plan adopted as part of the ordinance. The concept plan shall include a text and diagram or diagrams that specify:
A.
The distribution, location and extent of the uses of land, including open space, within the area covered by the plan.
B.
The proposed distribution and location of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other facilities proposed to be located in the area covered by the plan and needed to support the land uses described in the plan.
C.
Standards and criteria by which development will proceed, and standards for conservation, development and utilization of natural resources including geological features, where applicable.
D.
A land use regulation schedule defining the permitted, conditional, temporary and accessory uses.
E.
A development regulation schedule establishing the physical standards for development including, but not limited to, setbacks, building heights, building coverage and floor area ratios.
F.
Design criteria for all landscaped areas, buildings and structures.
G.
A statement of the relationship of the proposed rezoning to the general plan.
(1991 code § 35-9.6; Ord. 710 § 35-9.6, 1996; Ord. 906 § 6, 2016; Ord. 928 § 8, 2019)
§ 18.30.060 Planning commission, architectural review commission and city council action.
Before the planning commission consideration of the PUD request for rezoning, the architectural review commission shall review and make recommendations to the planning commission. The planning commission shall consider an application for rezoning to a PUD district as prescribed in PHMC Chapter 18.125, and shall, at the same time, consider the proposed PUD concept plan or specific plan accompanying the application. A commission recommendation to rezone to a PUD district shall be accompanied by a resolution approving a PUD concept plan or recommending a specific plan.
A.
Architectural review commission action. The architectural review commission may recommend approval or conditional approval of a concept plan upon finding that:
1.
The design of the structures conforms to the topographic features of the particular site;
2.
The design of the structures enhances the natural attributes of the particular site;
3.
The scale and bulk of the structures are appropriate to the particular site; and
4.
The landscape plan is appropriate to the particular site.
B.
Planning commission action. The planning commission may recommend approval or conditional approval of a PUD plan and rezoning or recommend approval or conditional approval of a specific plan upon finding that:
1.
The PUD plan or specific plan is consistent with the general plan and other applicable policies and is compatible with surrounding development;
2.
The PUD plan or specific plan will enhance the potential for superior urban design in comparison with the development under the base district regulations that would apply if the plan were not approved;
3.
Deviations from the base district regulations are justified by compensating benefits of the PUD plan or specific plan;
4.
The PUD plan or specific plan includes adequate provisions for utilities services, and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems; and
5.
The PUD plan or specific plan has been considered by the architectural review commission.
C.
City council action. After a public hearing, the council shall approve, modify, or reject the planning commission's recommendation; provided, that a modification not previously considered by the planning commission shall be referred to the planning commission for a report before adoption of an ordinance amending the zoning regulations or map. Failure of the planning commission to report within 40 days after referral or such longer period as may be designated by the council shall be deemed an approval of the proposed modification. Prior to adoption of an ordinance establishing a PUD or a resolution adopting a specific plan, the council shall make findings that the proposed regulation or map amendment and the PUD plan or specific plan is consistent with the policies of the general plan and the notice and hearing provisions of this title.
D.
Concurrent submittal. A development plan, architectural review permit, use permit, and/or any associated permits may be submitted for review concurrently with a PUD plan. In a concurrent submittal, the city council shall be the final decision-maker on all applications after considering recommendations from the planning commission and/or architectural review commission.
(1991 code § 35-9.8; Ord. 710 § 35-9.8, 1996; Ord. 902 § 4, 2016)
§ 18.30.070 Zoning map designation.
A PUD or PPD district shall be noted on the zoning map by the designations "PUD" or "PPD," followed by the ordinance number of the rezoning. A specific plan shall also be noted on the zoning map.
(1991 code § 35-9.10; Ord. 710 § 35-9.10, 1996)
§ 18.30.080 Development plan and architectural review permit review.
Plans for a project in a PUD or PPD district shall be accepted for development plan review as prescribed by PHMC Chapter 18.90 and architectural review as prescribed by PHMC Chapter 18.115 only if they are consistent with an approved PUD or PPD plan or specific plan. No project may be approved and no building permit issued unless the project, alteration or use is consistent with an approved PUD or PPD concept plan or an approved specific plan.
Minor changes to an existing PUD or PPD plan, as determined by the zoning administrator, are not subject to PHMC Chapter 18.115, Architectural Review Permits.
The zoning administrator shall determine what is major or minor and has the discretion to make minor changes to an existing PUD or PPD. Any interested person may appeal the zoning administrator's determination under PHMC Chapter 18.130.
(1991 code § 35-9.12; Ord. 710 § 35-9.12, 1996; Ord. 902 § 5, 2016)
§ 18.35.010 Specific purposes.
In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of the Hillside Planned Unit Development district are to:
A.
Preserve the physical and visual identity of the hills and ridgelines of Pleasant Hill and the natural geologic conditions consistent with the city-wide design guidelines while allowing controlled development.
B.
Utilize performance standards and specific regulations to ensure that utilization of land for urban purposes is kept in balance with the need to conserve natural resources and protect life and property from natural hazards.
C.
Ensure orderly and thorough planning and review procedures that will result in quality urban design.
(1991 code § 35-10.1; Ord. 710 § 35-10.1, 1996; Ord. 856 § 2 (Exh. A), 2011)
§ 18.35.020 Applicability.
The HPUD district shall be imposed upon any parcel site that has a general plan residential land use designation with an average slope of 15% or greater. Residential parcels, with an average slope of 15% or greater, which are subdivided to their maximum density and in a zoning district other than HPUD shall be subject only to PHMC § 18.35.040.B, D and E and PHMC § 18.35.050.
(1991 code § 35-10.2; Ord. 710 § 35-10.2, 1996)
§ 18.35.030 Land use regulations for HPUD district.
Schedule 18.35.030 sets forth the land use regulations for the HPUD district as established by letter designations as follows:
"P" designates use classifications permitted in residential districts.
"U" designates use classifications permitted on approval of a use permit.
"T" designates use classifications permitted on approval of a temporary use permit.
"L" followed by a number designates use classifications subject to certain limitations listed by number following the schedule.
"P/U" designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.
The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution under PHMC § 18.15.010. The "Additional Use Regulations" column includes specific limitations applicable to the use classifications or refers to regulations located elsewhere in this chapter.
SCHEDULE 18.35.030 HPUD DISTRICTS: LAND USE REGULATIONS | P U T L | Permitted Use Permit Required Temporary Use Permit Required Limited (see specific limitations listed following schedule) |
|---|---|---|
HPUD | Additional Use Regulations | |
Residential Uses | ||
Accessory dwelling unit | P | See PHMC § 18.20.095. |
Congregate care, limited | U | |
Day care, limited | P | |
Home occupation | U | See PHMC § 18.20.070. |
Residential care, limited | P | |
Single-family residential | P | |
with boarder or lodger | P | No more than 3 boarders or lodgers in rooms with no kitchen facilities. |
Public and Semipublic | ||
Day care, large family | U | See PHMC § 18.20.080. |
Day care, general | U | |
Park and recreational facilities | U | |
Public safety facilities | U | |
Religious assembly | U | |
Residential care, general | U | |
Schools, public or private | U | |
Utilities, major | U | |
Utilities, minor | P | |
Commercial Uses | ||
Animal sales and service | L-1 | Only animal boarding and riding academies. |
Horticulture, limited | P | |
Accessory Uses | P/U | L-2 |
Temporary Uses | ||
Agricultural sales | T | |
Commercial filming, limited | T | |
Personal property sales | P | |
Street fairs | T | |
Nonconforming Uses | See PHMC Chapter 18.65. |
HPUD District: Additional Use Regulations | |
|---|---|
L-1 | The keeping of large animals on a site of at least one acre is permitted with no more than two large animals per acre. Any barn, stable or other structure used to house large animals shall be located at least 100 feet from the boundary line of a street or public road and at least 50 feet from a side, front or rear property line. |
L-2 | Domestic and small animals are permitted, except no more than three mature dogs and no more than five mature cats or rabbits and five hens may be kept, harbored, possessed or maintained on any parcel. Farm animals including roosters, geese, turkeys, pigs, goats and sheep are not permitted. |
(1991 code § 35-10.4; Ord. 710 § 35-10.4, 1996; Ord. 856 § 2 (Exh. A), 2011; Ord. 915 § 10, 2017)
§ 18.35.040 Development regulation for HPUD district.
A.
Residential unit density. The number of residential units allowed on a site in the HPUD district shall be computed based on the average percent of slope of the natural terrain of the site and the allowable density per net acre associated with that average percentage, as shown in Schedule 18.35.040. Any existing legal parcel within the HPUD district, with a slope equal to or greater than 15% and containing less than 15,000 square feet of gross lot area, may be developed with one single-family dwelling unit (and, if approved, an accessory dwelling unit) subject to compliance with all other applicable development standards and design guidelines. Fractional average percent of slope shall be rounded upward to the next whole number, but the maximum number of units allowed on a site in the HPUD district shall not be rounded upward to the nearest whole number. Schedule 18.35.040 also shows in column (2) the average lot area that must be achieved for each slope percentage based upon the maximum allowable density.
B.
Performance standards.
1.
Grading. On parcels with 15% to 29.9% slopes, the grading is limited to no more than 30% of the gross site area. On slopes in excess of 29.9%, the grading is limited to no more than 15% of the gross site area.
2.
Impervious surface coverage. Impervious surfaces are those which do not absorb water; including all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete or asphalt. On parcels with 15% to 29.9% slopes, the impervious surface coverage is limited to 15% of the gross site area. On slopes in excess of 30%, the impervious surface coverage is limited to 8% of the gross site.
3.
Noncompliance. If the grading or impervious surface coverage standards are not met, allowable density shall be reduced until both standards are met.
C.
Reduced density for environmental impact mitigation. The planning commission shall reduce the allowable number of residential dwelling units allowed on a site upon finding that such reduced density is required to preserve the physical and visual identity of the hills and ridgelines, protect natural vegetation including trees, retain scenic corridors, or provide for adequate drainage or appropriate internal circulation, and upon making the required findings under Government Code section 65589.5.
D.
Maximum number of stories and maximum building height. No dwelling or structure shall exceed a height of 35 feet.
E.
Other development regulations. The requirements and standards for yards or setbacks applicable to a hillside planned unit development are those standards set forth for the R district(s) similar in nature and function to the proposed planned unit development unless modified by the design standards in PHMC § 18.35.050. The requirements and standards for public improvements are those which apply in other R district(s) in the city, unless modified by the planning commission because of special topographical and design considerations.
SCHEDULE 18.35.040 HPUD DISTRICT: SLOPE/DENSITY REGULATIONS | ||
|---|---|---|
Average Percent Slope | (1) Allowable Density (Dwelling Units per Net Acre) | (2) Average Lot Area Required (Sq. Ft.) |
15 | 2.904 | 15,000 |
16 | 2.848 | 15,294 |
17 | 2.734 | 15,932 |
18 | 2.614 | 16,664 |
19 | 2.489 | 17,501 |
20 | 2.360 | 18,457 |
21 | 2.227 | 19,559 |
22 | 2.000 | 21,780 |
23 | 1.954 | 22,292 |
24 | 1.815 | 24,000 |
25 | 1.678 | 25,959 |
26 | 1.541 | 28,267 |
27 | 1.406 | 30,981 |
28 | 1.275 | 34,164 |
29 | 1.147 | 37,977 |
30 | 1.025 | 42,497 |
31 | 0.908 | 47,973 |
32 | 0.798 | 55,209 |
33 | 0.696 | 62,586 |
34 | 0.601 | 72,479 |
35 | 0.515 | 84,582 |
36 | 0.438 | 99,225 |
37 | 0.372 | 117,096 |
38 | 0.315 | 138,285 |
39 | 0.270 | 161,081 |
40 | 0.236 | 184,576 |
41 | 0.213 | 204,507 |
42 | 0.201 | 216,716 |
43 or more | 0.200 | 217,800 |
(1991 code § 35-10.6; Ord. 710 § 35-10.6, 1996; Ord. 856 § 2 (Exh. A), 2011; Ord. 915 § 11, 2017)
§ 18.35.050 Design standards.
A.
Grading. Streets, buildings, and other manmade structures shall be designed to complement the natural terrain and landscape.
B.
Ridge views. The location of structures shall not disrupt the natural silhouette of prominent ridges as viewed from a public street.
C.
Landscaping. Landscaping of areas around structures shall provide a smooth transition and blend into the natural landscape. Native and other drought-tolerant plants shall be used except immediately adjacent to residential structures. Graded areas shall be replanted to protect them from soil erosion and to eliminate visual scarring.
D.
Building design. To reduce visual impacts and the amount of grading, both upslope and downslope units are encouraged.
E.
Street design. The pattern of roadways in the hillsides shall be based upon good engineering practice and upon the general policy of maintaining the natural environmental setting of the hillside. In response to this policy, public rights-of-way shall be aligned in a manner to avoid existing trees and riparian environments. In cases where it is necessary to place rights-of-way on or near the ridge tops, grading for roadways shall be minimized to reduce visual scarring. The specific road alignments shall be based upon the following constraints:
F.
Visitor parking. Parking bays for visitor parking are encouraged.
G.
Emergency access. Emergency access shall be provided to open space areas, especially to the rear of dwellings or dwelling groups.
H.
Nonvehicular circulation. Separate pedestrian circulation and trail plans, according to the general plan, shall be provided.
I.
Clustering. Encourage clustering of homes and require protection of natural features such as large trees, knolls, rock, outcroppings, riparian areas and scenic corridors.
(1991 code § 35-10.8; Ord. 710 § 35-10.8, 1996)
§ 18.35.060 Concept plan.
The city council shall approve a concept plan at the same time that it adopts an ordinance establishing an HPUD district. The concept plan shall include a text and diagram or diagrams which specify:
A.
The distribution, location and extent of the uses of land, including open space, within the area covered by the plan.
B.
The proposed distribution and location of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other facilities.
C.
Standards and criteria by which development will proceed, and standards for conservation, development and utilization of natural resources, where applicable.
D.
A development regulation schedule establishing the physical standards for development including, but not limited to, setbacks, building heights, building coverage and floor area ratios.
E.
Design criteria and placement for all buildings and structures.
F.
A statement of the relationship of the proposed rezoning to the general plan.
(1991 code § 35-10.12; Ord. 710 § 35-10.12, 1996)
§ 18.35.070 Planning commission, architectural review commission and city council action.
Before planning commission consideration of a proposed HPUD district, the architectural review commission shall review the proposal and make recommendations to the planning commission. The planning commission shall consider an application for rezoning to an HPUD district as prescribed in PHMC Chapter 18.125, and shall at the same time consider the proposed HPUD concept plan accompanying the application. A planning commission recommendation to rezone to the HPUD district shall be accompanied by a resolution approving an HPUD concept plan.
A.
Architectural review commission action. The architectural review commission may recommend approval or conditional approval of a proposed HPUD concept plan upon finding that:
1.
The design of the structures conforms to the topographic features of the particular site;
2.
The design of the structures enhances the natural attributes of the particular site;
3.
The scale and bulk of the structures are appropriate to the particular site; and
4.
The HPUD is in substantial compliance with city-wide design guidelines.
B.
Planning commission action. The planning commission may approve or conditionally approve an HPUD concept plan upon finding that:
1.
The HPUD concept plan is consistent with the adopted general plan and other applicable policies and is compatible with surrounding development;
2.
Deviations from the base district regulations are justified by compensating benefits of the HPUD plan;
3.
The HPUD concept plan includes adequate provisions for utilities services and emergency vehicle access; and public service demands will not exceed the capacity of existing and planned systems; and
4.
The HPUD concept plan has been reviewed by the architectural review commission.
C.
City council action. After a public hearing, the council shall approve, modify, or reject the planning commission's recommendation; provided, that a modification not previously considered by the planning commission shall be referred to the planning commission for a report prior to adoption of an ordinance amending the zoning regulations or map. Failure of the planning commission to report within 40 days after referral or such longer period as may be designated by the council shall be deemed approval of the proposed modification. Prior to adoption of an ordinance, the council shall make findings that the proposed regulation or map amendment is consistent with the policies of the general plan and the notice and hearing provisions of this title.
D.
Concurrent submittal. A development plan, architectural review permit, use permit, and/or any associated permits may be submitted for review concurrently with an HPUD concept plan. In a concurrent submittal, the city council shall be the final decision-maker on all applications after considering recommendations from the planning commission and/or architectural review commission.
(1991 code § 35-10.14; Ord. 710 § 35-10.14, 1996; Ord. 856 § 2 (Exh. A), 2011; Ord. 902 § 6, 2016)
§ 18.35.080 Zoning map designation.
An HPUD district shall be noted by the designation "HPUD," followed by the ordinance number of the rezoning approving the HPUD plan.
(1991 code § 35-10.18; Ord. 710 § 35-10.18, 1996)
§ 18.35.090 Development plan and architectural review permit review.
Plans for a project in an HPUD district shall be accepted for final development site plan review as prescribed by PHMC Chapter 18.90 and architectural review as prescribed by PHMC Chapter 18.115, only if they are consistent with a valid HPUD plan.
Minor changes to an existing HPUD, as determined by the zoning administrator, shall not be subject to PHMC Chapter 18.115, Architectural Review Permits.
The zoning administrator shall determine what is major or minor and has the discretion to make minor changes to an existing HPUD. Any interested person may appeal the zoning administrator's determination under PHMC Chapter 18.130.
(1991 code § 35-10.20; Ord. 710 § 35-10.20, 1996; Ord. 902 § 7, 2016)