§ 18.50.010 Wireless communication facilities.

§ 18.50.020 Building projections into yards and courts.

§ 18.50.030 Development on substandard lots.

§ 18.50.040 Development on lots divided by district boundaries.

§ 18.50.050 Exceptions to height limits.

§ 18.50.060 Performance standards.

§ 18.50.070 Refuse storage areas.

§ 18.50.080 Relocated buildings.

§ 18.50.090 Screening of mechanical equipment.

§ 18.50.100 Sight obstructions at intersections and driveways.

A. 

Intersections. Visibility at street intersections shall not be blocked above a height of two and one-half feet or greater above the top of the curb or three feet or greater above the edge of pavement by vegetation or structures, including but not limited to fences and walls. For standard, flat lots on local streets, where the corner forms a 90-degree angle, this restriction applies to all land within a triangular area bounded by the edge of pavement 35 feet back from the point of their intersection (see diagram) subject to review and approval by the director of public works and community development. For corner lots which are not flat, are irregularly shaped, or are adjacent to a collector street, arterial, or expressway, the director of public works and community development may impose a stricter standard in order to provide adequate visibility, comparable to that on a standard, flat lot.

B. 

Driveways. See PHMC § 18.55.130.

SIGHT DISTANCES Provided for illustrative purposes only

(1991 code § 35-16.22; Ord. 710 § 35-16.22, 1996; Ord. 745 § 5, 2000; Ord. 856 § 2 (Exh. A), 2011; Ord. 906 § 8, 2016; Ord. 949 § 12, 2021)

§ 18.50.110 Tree preservation.

The following supplemental regulations are intended to encourage the preservation of trees throughout the community by establishing reasonable provisions for protecting heritage trees and other protected trees and establishing procedures for review and approval of tree removal and replacement. Unrestricted removal of trees without replacement will detrimentally affect the city's health, safety and welfare. Specifically, removal of or damage to heritage and other protected trees will interfere with the city's natural and scenic beauty, diminish the tempering effect of these trees on extreme temperatures and adversely impact the city's unique character and identity.

A. 

Permit required. No person, firm, corporation, private or public utility or governmental entity shall remove, relocate, excessively trim, damage or demolish a protected tree or heritage tree prior to obtaining a tree removal permit from the zoning administrator or approval from another applicable city decision-making body pursuant to subsection C, I or J of this section. City initiated projects shall also be subject to all of the provisions of this chapter unless specifically exempted by the city council.

1. 

Protected trees.

The term "protected tree" means any of the following:

a. 

Any native oak tree with a trunk diameter measurement of nine inches or larger.

b. 

Any indigenous tree with a trunk diameter measurement of nine inches or larger. Indigenous trees include but are not limited to: Alnus Oregona (Red Alder), Acer Macrophyllum (Bigleaf Maple), Aesculus Californica (California Buckeye), Arbutus Menziesii (Madrone), Umbellularia Californica (California Bay or Laurel), Juglans Hindsii (California Black Walnut), Platanus Racemosa (California Sycamore), or Sambucus Mexicana (Elderberry).

Note: The California Native Plant Society list of indigenous/native trees for the Bay Area can also be referenced to determine whether a tree is considered native or indigenous to the region.

c. 

A nonnative tree (not including Eucalyptus and Palm trees) with a trunk diameter measurement of 18 inches or larger. Nonnative trees include species such as Sequoia Sempervirens (Coastal Redwood), Pinus Canariensis (Canary Island Pine), Pinus Halepensis (Aleppo Pine), Pinus Pinea (Italian Stone Pine), Pinus Radiata (Monterey Pine), Ulmus Americana (American Elm), Ulmus Parvifolia (Chinese Elm), Ulmus Pumila (Siberian Elm), Liquidambar Styraciflua (American Sweet Gum), Cedrus Deodara (Deodar Cedar), Cedrus Atlantica (Atlas Cedar), Fraxinus Uhdei (Shamel Ash), Fraxinus American (White Ash), Fraxinus Augustifolia (Raywood Ash), Cupressus (Cypress species), Morus Alba (Fruit/Fruitless Mulberry), Chinese Pistache, Robinia Pseudoacacia (Black Locust), Pyrus Calleryana (Bradford Pear), Cinnamomum Camphora (Camphor).

d. 

Any tree shown to be preserved on an approved tentative map, development or site plan or required to be retained as a condition of approval or environmental mitigation measure.

e. 

Any tree required to be planted as a replacement for an unlawfully removed tree.

f. 

Any tree designated as a "heritage tree" pursuant to subsection E of this section.

Note: See subsection G of this section for definition of trunk diameter measurement.

2. 

Arborist report required. Any application for a tree removal permit shall include a letter report prepared by a certified arborist addressing the health/condition of the tree, the rationale for removal, the feasibility of any alternatives to removal, and any recommendations for replacement trees.

3. 

Criteria for tree removal review. The zoning administrator, or other applicable city decision-making body, shall consider the following factors in determining whether to approve the removal of a tree or trees:

a. 

Health or physical condition of the tree;

b. 

Any potential hazard or any risk presented by the tree determined using the ANSI A-300, part 9 Standard for Tree Risk Assessment;

c. 

Whether the tree is causing a public nuisance and/or a public safety hazard;

d. 

Potential for the tree to be a detriment to other protected trees due to its location, overcrowding, or its health;

e. 

Evidence of significant damage to property caused, or likely to be caused, by the tree;

f. 

Any potential historic or cultural significance of the tree;

g. 

Whether the tree substantially inhibits sunlight necessary for the operation of active or passive solar heating, cooling or energy generation and trimming or thinning is not a feasible alternative to removal;

h. 

Whether the tree is obstructing proposed improvements that cannot be reasonably designed to avoid tree removal;

i. 

Whether the tree is located in close proximity to a structure in a high fire hazard area and removal is necessary to create defensible space per applicable fire safety laws, regulations or Fire District requirements;

j. 

Whether preservation of the tree(s) would render a site undevelopable and the planning commission or city council has determined that no economically viable use can be made of underlying or adjacent property if the tree is not removed and that every reasonable effort has been made to retain the tree;

k. 

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

l. 

Any other circumstances deemed relevant by the zoning administrator or other city decision-making body based on site conditions, technical analyses, and/or the location of the tree.

4. 

Third-party peer review arborist. When deemed necessary by the zoning administrator or other applicable city decision-making body, a third-party peer review prepared by a certified arborist, board certified master arborist or registered consulting arborist may be required (at the cost of the applicant) to: (a) review the applicant's arborist report and/or tree preservation and replacement plan, (b) physically inspect and evaluate the tree(s) proposed for removal, and (c) provide a written analysis to include the peer review arborist's findings, and recommendations. The peer review arborist's comments may also include recommendations regarding tree replacement.

5. 

Replacement trees required.

a. 

Replacement ratios. Unless otherwise specified by the zoning administrator or other applicable city decision-making body, the replacement ratios for tree removal shall be as follows:

i. 

A protected native or indigenous tree approved for removal shall be replaced by at least two 15-gallon trees on the project site.

ii. 

A protected nonnative tree approved for removal shall be replaced by at least one 15 gallon tree on the project site.

iii. 

In addition to the replacement requirements in subsections A.5.a.i and/or ii of this section, removal of any protected tree (native, indigenous or nonnative), as part of an area-wide program and/or discretionary development plan, that is located within or adjacent to the public right-of-way along Contra Costa Boulevard or within or adjacent to the Iron Horse Trail, may also be subject to additional mitigation requirements to address potential community-wide impacts of removals. Such additional mitigation, if required by the applicable city decision-making body, may include, but not be limited to, proportionate mitigation for adverse effects (individual and cumulative) on biological values, aesthetics, loss of shade, economic vitality, air quality, vehicle speed, community identity, and other similar factors, resulting directly or indirectly from tree removal, that have the potential to cause adverse community-wide social, economic or environmental effects due, in part, to the substantial length of time required for replacement trees to reach the same level of maturity and therefore provide the same functionality and benefits as the trees that are removed.

b. 

Replacement tree species. The species of the replacement trees shall be approved by the zoning administrator or other applicable city decision-making body.

c. 

Off-site replacement. Off-site tree replacement may be considered in the event that the project site already has a significant mature tree population, to prevent overcrowding or infringement on existing structures, provided adequate provisions for maintenance of the replacement tree are specified, subject to approval by the planning commission.

d. 

Replacement infeasible. Where the planning commission or city council has determined that on-site or off-site replacement of trees is not currently feasible, the planning commission or city council may, at its discretion, allow the applicant to make an in lieu payment to the city for provision of off-site trees at the ratio recommended in subsection A.5.a of this section. The in lieu fee shall be based on the estimated value of the replacement tree(s) including any installation and maintenance costs. If the zoning administrator or other applicable city decision-making body determines that on-site or off-site replacement would not be feasible (due to lack of adequate space on site or lack of a suitable and available off-site location), the tree replacement requirement may be reduced or waived, as appropriate. For trees removed within or adjacent to Contra Costa Boulevard and/or within or adjacent to the Iron Horse Trail, additional mitigation for each tree removed may be required as specified in subsection A.5.a.iii of this section.

e. 

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

B. 

Exemptions. A tree removal permit is not required prior to removal of a protected tree under any of the following circumstances:

1. 

Removal is determined necessary by fire department personnel actively engaged in fighting a fire.

2. 

Immediate removal is required to prevent imminent danger to life or property, such as with a "hazardous tree" as defined in subsection G.4 of this section or if necessary to restore utility service within 48 hours of a storm, and the city manager or his/her designee has been notified of the removal at the earliest opportunity, and it is not feasible to obtain a permit prior to removal (in which case a tree removal permit shall be submitted within five days of removal to ensure that the provisions of this chapter and any other applicable provisions of the municipal code or applicable land use entitlements are satisfied).

3. 

The tree is held for sale as part of a licensed nursery business.

4. 

A subdivider or developer need not obtain a separate tree removal permit to remove, relocate or demolish a tree designated as "To Be Removed" on an approved subdivision map (tentative map or parcel map) or development plan provided that the tree removal has been reviewed and approved by the decision-making body for the subdivision map and/or development plan based on the criteria in subsection A.3 of this section and a tree preservation and replacement plan has been approved pursuant to subsection C of this section.

5. 

The zoning administrator determines that the tree is dead. The zoning administrator may require submittal of a report from a licensed arborist if deemed necessary to verify the condition of the tree. A fee shall not be required for a determination by the zoning administrator that a tree is dead. Dead trees that are removed shall not require replacement unless located on a site with a city-approved landscape plan or landscape maintenance agreement, in which case, the dead tree shall be replaced on a 1:1 basis.

6. 

Tree trimming that does not constitute "excessive trimming" as defined in this chapter.

7. 

If a governmental entity or a public or private utility believes it is exempt from this section by federal or state statute, regulation or administrative order, such entity shall provide a copy of such statute, regulation or order to the zoning administrator for approval.

C. 

Tree preservation and replacement plan. A tree preservation and replacement plan prepared by a state licensed or certified professional shall be submitted by the applicant in conjunction with any discretionary land use entitlement application that includes removal of protected trees (excluding an entitlement involving only one single-family residence where the zoning administrator may administratively require tree protection measures as needed if a proposed development has the potential to adversely impact a protected tree); in addition, a tree preservation and replacement plan may also be required by the zoning administrator or other applicable city decision-making body as a condition of tree removal permit approval. The tree preservation and replacement plan shall be subject to the review and approval of the zoning administrator or other applicable city decision making body and shall include:

1. 

A map and inventory showing the location, species, health rating, size, and a unique tree number for all trees on the site. The trees to be removed, relocated, or demolished shall be labeled "To Be Removed" or marked with an "X" and the inventory shall indicate by notation why removal of each tree is necessary based on the criteria included in subsection A.3 of this section.

2. 

A report from a certified arborist, board certified master arborist or registered consulting arborist describing the condition of all existing trees, the anticipated impacts of grading, trenching and construction on the protected trees and recommending specific protective measures to be implemented prior to commencement of grading or construction to minimize potential adverse impacts on protected trees. The report shall designate tree protection zones (TPZ) for each protected tree and/or group of protected trees that are proposed to remain on site and the additional measures such as protective fencing, staking and signage necessary to avoid inadvertent damage to protected trees during grading and construction The TPZ is a restricted activity zone where soil disturbance, storage or parking of vehicles, storage of any other materials or chemicals and/or alteration of drainage is not permitted, unless otherwise approved by the city. All required tree protection measures shall also be included with the grading and/or construction documents for the development.

3. 

A replanting plan prepared by a licensed landscape architect or other professional approved by the city for replacement of each tree removed as required by the zoning administrator or other applicable city decision-making body. The planting plan shall include replacement trees as required pursuant to subsection A.5 of this section and shall conform with ANSI A-300 Standard Part XXX (Planting).

4. 

Provisions to ensure ongoing maintenance of any required replacement trees.

D. 

Performance security. To ensure the safety and well-being of existing protected trees that may be impacted by grading or construction and/or any replacement trees required to be planted pursuant to this chapter, the zoning administrator or other applicable city decision-making body may, at its discretion, require an applicant to post a cash deposit or other performance security acceptable to the city guaranteeing that each such tree will be protected against harm from grading or construction and will be adequately maintained. The performance security must be posted with the zoning administrator prior to issuance of grading permits and shall be governed by the following provisions:

1. 

The zoning administrator shall establish the amount of the performance security which shall be equal to the estimated value of the protected trees.

2. 

The performance security shall remain in effect for a period of five years (or two years for single-family residential sites) following the date of final inspection and acceptance of the development project by the city.

3. 

The performance security shall provide that if the city determines that a protected tree has been removed, permanently damaged, or destroyed due to development activity during the effective period of the performance security, the city is entitled to recover the face amount of the performance security.

4. 

If, at the expiration of the effective period of the performance security the city determines that the protected trees have not been removed, permanently damaged, or destroyed due to development activity, the performance security shall be refunded or the surety bond terminated.

E. 

Heritage trees. Notwithstanding any other provisions of this chapter, a tree which is enrolled in the city's heritage tree program may not be removed, relocated, damaged or demolished, and no permit or tree preservation and replacement plan authorizing such action may be issued, unless the zoning administrator or other applicable city decision-making body determines that there exists a hazard to property or danger of disease or infection to surrounding healthy trees.

1. 

Eligibility. Any tree in the city with a trunk diameter measurement of 16 inches or more or any tree grouping in the city with at least one tree of this diameter is eligible for enrollment in the heritage tree program, with the consent of the property owner.

2. 

Enrollment. The zoning administrator shall review and approve applications for enrollment in the heritage tree program unless an eligible tree or tree grouping is unhealthy and cannot be saved. Upon approval of an application, the zoning administrator shall:

a. 

Record the location and the plant number of each tree or tree grouping.

b. 

Obtain a color photograph of the tree or tree grouping at the time of its enrollment.

c. 

Affix a plaque on the tree or tree grouping identifying:

i. 

The scientific name of the tree(s);

ii. 

The common name of the tree(s);

iii. 

The plaque number (i.e., Heritage Tree No. ____); and

iv. 

The name of the owner.

d. 

Award a certificate to each property owner enrolling a tree or tree grouping in the program, expressing the appreciation of the city and its citizens.

F. 

Conditions. The zoning administrator or other applicable city decision-making body may impose reasonable conditions of approval on a tree removal permit, consistent with the purposes of this chapter, to ensure safe and unobtrusive tree removal, replacement, relocation, and demolition; maintenance of replacement trees; and protection of trees not approved to be removed. It shall be a violation of this chapter for any property owner or agent of the owner to fail to comply with any condition of approval or other requirement pursuant to this chapter.

G. 

Definitions.

1. 

Damage

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

2. 

Dead tree

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

3. 

Excessive trimming

means removing in excess of one-fourth (25%) or greater, of the functioning leaf, stem or root area within one year. Trimming in excess of 25% is potentially injurious to the tree and is a prohibited act that constitutes removal. Excessive trimming typically results in the tree appearing as a "bonsai," "lion's tailed," or "lolly-popped," or overly thinned. Excessive trimming also includes removal of the leaf or stem area predominantly on one side, topping, or excessive tree canopy or crown raising. Exceptions may be considered by the zoning administrator subject to review and approval of a tree removal permit pursuant to subsection A of this section when such trimming is determined by the zoning administrator to be the only feasible way to provide necessary clearance from overhead utilities or public improvements or to abate a hazardous condition or public nuisance, or when the trimming is recommended by a certified arborist due to the health and/or structure of the tree. Excessive trimming may also include the cutting of any root two inches or greater in diameter and/or severing in excess of 25% of the roots and/or pruning not in compliance with ANSI A-300, Part I pruning standard for trees, or the International Society of Arboriculture Pruning Best Management Practices (latest available revision of each).

4. 

Hazardous tree

refers to a tree that possesses a structural defect which poses an imminent risk if the tree or part of the tree that would fall on someone or something of value (target). Structural defect means any structural weakness or deformity of a tree or its parts.

5. 

Tree removal

means any of the following: (a) complete tree removal such as cutting to the ground or extraction of the tree; or (b) taking any action foreseeably leading to the death of a tree or permanent damage to its health or structural integrity, including but not limited to excessive trimming, cutting, girdling, poisoning, over-watering, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree.

6. 

Trunk diameter measurement

means starting at 54 inches (DBH) above the existing ground surface adjacent to the trunk of the tree, measure the width of the tree from one side of the trunk to the opposite side, or alternatively, measure the circumference of the tree's trunk (in inches) at that point and divide by Pi (3.14). For trees located on a slope, this measurement is taken from the midpoint between the lowest and highest point of existing grade adjacent to the tree trunk. For trees with more than one trunk, the combined diameter of all trunks measured at 54 inches (DBH) above the ground will determine the diameter of that individual tree (see diagrams below).

7. 

Tree protection zone (TPZ)

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

H. 

Penalties. In addition to all other remedies set forth in the municipal code or otherwise provided by law, the following remedies shall be available to the city for violation of this chapter:

1. 

For unlawful removal or damage of a native oak tree or heritage tree, a civil penalty may be imposed at the discretion of the city in an amount not to exceed $1,000 per tree unlawfully removed or damaged, or the replacement value of each such tree. Such amount shall be payable to the city. Failure to pay this penalty may result in imposition of a lien or special assessment on the property in the amount of the penalty and any additional costs incurred by the city in addressing the violation. Replacement value for the purposes of this section shall be determined utilizing "trunk formula method" as specified in the most recent edition of the Guide for Plant Appraisal, published by the International Society of Arboriculture.

I. 

Referral to the planning commission or architectural review commission. The zoning administrator may, in his or her discretion, refer any tree removal permit application directly to the planning commission (or architectural review commission if the removal is on a site with a landscape plan previously approved by the architectural review commission).

J. 

Tree removal permit expiration. An approved tree removal permit shall be valid for a period of one year from the approval date, unless the tree is removed, or the permit is renewed by the zoning administrator or other hearing body that originally approved it.

K. 

Appeals. Any decision to approve or deny a tree removal may be appealed by the applicant or any interested party pursuant to the procedures specified in PHMC Chapter 18.130.

(Ord. 880 § 2, 2014; Ord. 890 §§ 28, 29, 2015; Ord. 964 § 11, 2023; Ord. 970 § 11, 2024)

§ 18.50.120 Underground utilities.

§ 18.50.130 Water-conserving landscape design and development.

§ 18.50.140 Marijuana/cannabis.

§ 18.50.150 Creek setbacks.

A. 

Regulation. No person may place a structure (as defined in subsection B of this section), perform grading, or place fill material in a creek setback area unless:

1. 

The property is adjoining a concrete channel owned by a public agency; or

2. 

The structure, grading or fill was legally existing as of February 24, 2010. Such a structure, grading or fill may be replaced in kind if the property owner obtains a building permit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a use permit under PHMC § 18.65.030.C; or

3. 

The property qualifies for an exception under subsection C of this section.

B. 

Definitions. In this section:

Creek

means any one of the creeks in the city as shown on the "City of Pleasant Hill Creek System" map, on file in the public works division.

Creek setback area

means a setback area measured from the top of the creek bank, as follows. This regulation applies whether or not the creek is on the property.

DEPTH OF CREEK	CREEK SETBACK AREA, FROM TOP OF CREEK BANK
Up to 5 feet	5 feet
Over 5 – 10 feet	10 feet
Over 10 – 15 feet	15 feet
Over 15 feet	subject to city engineer review

(The depth of the creek bed is measured at its deepest point to a point level with the top of creek bank.)

Structure

means: a structure as defined in PHMC § 18.140.010. Examples of structures include, but are not limited to: a house addition or second unit; garage; swimming pool or hot tub; arbor; shed; deck; retaining wall; and wall of concrete, masonry or stone.

For purposes of this section, structure does not include any of the following:

1. 

Structures not attached to the ground or needing a foundation (such as a play structure, dog house, bench or table);

2. 

A fence/wall not over six feet high (the fence/wall shall be constructed with at least 75% of the fence/wall open to allow the passage of light and air);

3. 

Flatwork (such as a patio or walkway) less than three inches thick and not used to support another structure;

4. 

Landscaping;

5. 

Existing structures legally built before the adoption of this section;

6. 

Structures prohibited by other regulations (see subsection D of this section).

If any uncertainty exists, the zoning administrator shall determine whether or not a structure is regulated. (PHMC § 18.10.040.A)

The top of the creek bank

means the highest edge of the creek channel at the location where the structure, grading or fill is proposed, as determined by the director of public works and community development.

TOP OF CREEK BANK

C. 

Creek setback exceptions.

1. 

City engineer determination. The city engineer shall approve an exception if all the following conditions exist:

a. 

The property is not located in either a 100- or 500-year floodplain as shown on the current FEMA flood insurance rate map;

b. 

The property is not a "repetitive loss property" as defined by FEMA;

c. 

The depth of the water in the creek during an average winter storm is less than two feet; and

d. 

The creek channel has sufficient capacity to carry storm water without flooding adjacent properties in the event of a creek bank failure.

The city engineer's determination is ministerial, based on the facts of each case. It does not require a public hearing and there is no appeal. An applicant who disagrees with the determination may request a zoning administrator decision under subsection C.2 of this section.

2. 

Zoning administrator exception. The zoning administrator may approve an exception to the requirements of subsection A of this section, on the recommendation of the city engineer, under the following procedure:

a. 

General procedures – Application; fee; hearing; decision; appeal. An applicant for a creek setback exception shall file an application with the planning division, together with information required by the city engineer under subsection C.2.b of this section and an application fee in an amount established by city council resolution. The zoning administrator shall hold a noticed public hearing within 30 days after receiving a completed application. The zoning administrator shall render a decision in writing within five working days of the close of the hearing. The decision of the zoning administrator may be appealed as provided in PHMC § 18.130.010.

b. 

Application information. Information provided for an exception request shall include the following items at the discretion of the city engineer:

i. 

A topographical survey of the lot precisely showing the creek bed, creek bank, top of bank and proposed and existing structures;

ii. 

A soils report prepared by a licensed civil engineer specializing in soils analysis which describes the soils condition for the proposed structure and analyzes and makes recommendations as to the creek bank stability and erosion hazard;

iii. 

Certification by the engineer who prepares the soils report that in the professional opinion of the engineer there is no likelihood of a hazard to persons or property resulting from the proposed construction; and

iv. 

Structural calculations, hydraulic calculations, or other data as deemed necessary by the city engineer.

c. 

Zoning administrator findings – Conditions.

i. 

Findings. The zoning administrator may approve an exception to the creek setback requirement if he or she makes all of the following findings:

(A) 

The proposed structure does not violate any other city, state or federal regulations (see subsection D of this section);

(B) 

The proposed structure is not likely to be detrimental to creek stability; and

(C) 

The property is not located within a special flood hazard area as defined in PHMC § 15.15.050, or, if the property is located within a special flood hazard area, the proposed structure complies with the standards of construction set forth in PHMC Chapter 15.15 (Flood Damage Prevention).

ii. 

Conditions. In approving an exception, the zoning administrator may impose conditions deemed necessary for creek-side erosion protection and on-site drainage, including the requirement that the property owner enter into an agreement holding the city and other public agencies harmless in the event of flood or erosion damage to any property. The agreement shall be in a form acceptable to the city attorney, be recorded, and bind successors in interest.

D. 

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

1. 

City regulations.

a. 

Zoning district side or rear yard setbacks from the property line, for structures and accessory structures (PHMC § 18.20.050 and Schedules 18.20.030 and 18.25.030);

b. 

Design guidelines adopted by the city council;

c. 

California building codes under PHMC Title 14;

d. 

Grading ordinance (PHMC Chapter 15.10);

e. 

Requirements applicable in a special flood hazard area under PHMC Chapter 15.15 (Flood Damage Prevention);

f. 

Erosion protection and water quality requirements under PHMC Chapter 15.05 (Stormwater Management and Discharge Control); and

g. 

Mitigation measures under the California Environmental Quality Act.

2. 

Other agency requirements.

a. 

California Department of Fish and Game.

b. 

San Francisco Bay Regional Water Quality Control Board.

c. 

U.S. Army Corps of Engineers.

d. 

Federal Emergency Management Agency (FEMA).

e. 

U.S. Fish and Wildlife Service.

(Ord. 844 § 2, 2010)

§ 18.50.160 Solar energy systems.

§ 18.50.170 Electric vehicle charging stations.

§ 18.52.010 Purpose.

§ 18.52.020 Definitions.

§ 18.52.030 Applicability.

§ 18.52.040 Forms – Zoning administrator review.

§ 18.52.050 Submittal requirements.

§ 18.52.060 Water-efficient landscape standards.

§ 18.52.070 Landscape plan requirements.

§ 18.52.080 Landscape water irrigation audit.

§ 18.52.090 Certifications.

§ 18.52.100 Landscape and irrigation maintenance schedule.

§ 18.52.110 Provisions for existing landscapes.

§ 18.52.120 Disclosures.

§ 18.52.130 Fees.

§ 18.52.140 Irrigation efficiency.

§ 18.52.150 Reporting.

§ 18.55.010 Specific purposes.

§ 18.55.020 General requirements for off-street parking and loading.

§ 18.55.030 Off-street parking and loading spaces required.

§ 18.55.040 Shared parking facilities.

§ 18.55.050 Reduced parking for single uses.

§ 18.55.060 Parking spaces for the disabled.

§ 18.55.070 Electric vehicle (EV), bicycle and nonautomobile modes of transportation.

§ 18.55.080 Parking space dimensions.

§ 18.55.090 Application of dimensional requirements.

A. 

In general. For residential use, all required resident spaces and at least 50% of guest spaces shall be large-car spaces. For nonresidential use, up to 50% of the required spaces may be small-car spaces. Small-car spaces shall be clearly marked.

B. 

Relation to aisles.

1. 

Each parking space adjoining a wall, column, or other obstruction higher than 0.5 foot shall be increased by two feet on each obstructed side; provided, that the increase may be reduced by 0.25 foot for each one foot of unobstructed distance from the edge of a required aisle, measured parallel to the depth of the parking space.

2. 

At the end of a parking bay, the driveway aisle providing access to the parking spaces shall extend two feet beyond the end of the last parking space to allow adequate vehicle movement.

(B) PARKING SPACES ADJOINING AN OBSTRUCTION (The diagram is illustrative)

C. 

Vertical clearance. Vertical clearance for parking spaces shall be seven feet, except that an entrance may be 6.67 feet, and the front five feet of a parking space serving a residential use may be four and one-half feet.

D. 

Wheel stops. All spaces shall have wheel stops two and one-half feet from a fence, curb, wall, or landscaped walkway, unless the landscape walkway has adequate width to allow pedestrian access. When a parking space abuts a landscaped planter less than six inches high, the front two feet of the required length for a parking space may extend into the planter.

(1991 code § 35-17.16; Ord. 710 § 35-17.16, 1996; Ord. 938 § 8, 2020)

§ 18.55.100 Aisle and parking space dimensions and circulation.

A. 

Aisle and parking space dimensions. Aisle widths adjoining parking spaces and parking stalls shall be pursuant to Schedule 18.55.100, Minimum Parking Dimensions, below:

PARKING FACILITY DIMENSIONS DIAGRAM

SCHEDULE 18.55.100 MINIMUM PARKING DIMENSIONS
Angle of Parking		Parallel	20°	30°	40°	45°	50°	60°	70°	80°	90°
A. Curb length per car	All	20′ 0′′	22′ 10′′	16′ 2′′	12′ 8′′	11′ 6′′	10′ 9′′	9′ 7′′	8′ 10′′	8′ 7′′	8′ 6′′
B. Stall depth	Small	8′6 ′′	12′ 6′′	14′ 6′′	16′ 0′′	16′ 8′′	17′ 0′′	17′ 7′′	17′ 7′′	17′ 1′′	16′ 0′′
	Large	9′ 0′′	15′ 0′′	17′ 4′′	19′ 2′′	19′ 10′′	20′ 5′′	21′ 0′′	21′ 0′′	20′ 5′′	19′ 0′′
C. Aisle width	All	12′ 6′′	12′ 0′′	12′ 0′′	12′ 0′′	13′ 0′′	15′ 0′′	18′ 0′′	20′ 0′′	25′ 0′′	25′ 0′′
D. Depth of two stalls	Small	–	18′ 0′′	22′ 6′′	26′ 4′′	28′ 1′′	31′ 3′′	31′ 5′′	32′ 8′′	32′ 10′′	32′ 0′′
	Large	–	21′ 5′′	26′ 10′′	31′ 4′′	33′ 2′′	34′ 11′′	37′ 5′′	38′ 9′′	39′ 0′′	38′ 0′′
E. Depth of two stalls plus aisle	Small	27′ 0′′	36′ 0′′	40′ 0′′	44′ 0′′	46′ 4′′	49′ 0′′	53′ 2′′	54′ 2′′	58′ 2′′	56′ 0′′
	Large	30′ 0′′	42′ 0′′	46′ 8′′	50′ 4′′	53′ 8′′	55′ 10′′	60′ 0′′	62′ 0′′	65′ 8′′	63′ 0′′

B. 

Circulation.

1. 

Within a parking lot, circulation must be such that a car entering the parking lot need not enter the street to reach another aisle and that a car shall not enter a public street backwards. No backing into streets is permitted except for a single-family detached residence or a duplex residence where each unit is served by an individual driveway.

2. 

Each preschool or day care center, private educational, institutional, or public recreational land use located in an R district, or a commercial recreational facility shall include a drop-off area that may be adjacent to a primary access or aisle. Minimum widths for such areas combined with accesses are 12 feet for one-way traffic and 25 feet for two-way traffic.

3. 

Within a parking lot, a pedestrian walkway shall be provided for every four parking aisles.

(1991 code § 35-17.18; Ord. 710 § 35-17.18, 1996)

§ 18.55.110 Parking access from street.

§ 18.55.120 Driveway widths and clearance.

§ 18.55.130 Driveways – Visibility.

The driveway visibility triangle for each side of the driveway shall be determined by measuring 15 feet (20 feet for non-single-family uses) along the front property line, away from the driveway, beginning at the intersection of the driveway with the front property line, and measuring 15 feet (20 feet for non-single-family uses) along the driveway beginning at the intersection of the driveway with the front property line. The triangular area formed by connecting the outer points of each line across the intervening property is the visibility triangle and shall not be blocked above a height of two and one-half feet or greater above the top of the curb, or three feet with no curb, to a height of seven feet.

For lots which are not flat, are irregularly shaped, or are adjacent to a collector street, arterial, or expressway, the director of public works and community development may impose a stricter standard in order to provide adequate visibility.

DRIVEWAY VISIBILITY (The diagram is illustrative representing a single-family residential driveway)

(1991 code § 35-17.24; Ord. 710 § 35-17.24, 1996; Ord. 906 § 14, 2016)

§ 18.55.140 Parking area screening, lighting and landscaping.

A. 

Screening. A parking area for five or more cars serving a nonresidential use shall be screened from an adjoining R district or a ground-floor residential use by a solid concrete, solid wood, or masonry wall eight feet in height, constructed to withstand a 15-pound-per-square-foot wind load, except that the height of a wall adjoining a required front yard in an R district shall not exceed three feet. A carport or open parking area for five or more cars serving a residential use shall be screened from an adjoining lot in an R district or a ground-floor residential use by a solid wall or fence six feet in height, except that the height of a wall or fence adjoining a required front yard in an R district shall not exceed three feet.

B. 

Lighting. Outdoor parking lot lighting shall be designed, installed and maintained to prevent nighttime sky light pollution and use energy efficiently by lighting only those areas or objects necessary for safety and security. All outdoor parking lot lighting shall conform to the following:

1. 

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

LIGHTING FIXTURE DETAIL

2. 

Outdoor parking area lighting shall not employ a light source mounted higher than 24 feet above finished grade.

3. 

Outdoor parking area lighting shall be directed downward and shall not directly shine onto any adjacent street or property. Maximum illumination adjacent to any residential property line or R district boundary line shall not exceed 0.2 footcandles as measured in the vertical plane at the property line to a height equal to the height of the light source.

4. 

The maximum light intensity on a nonresidential site, except automobile, vehicle/equipment sales lots and automobile service stations, shall not exceed 10 footcandles, when measured at finished grade.

5. 

The maximum light intensity on automobile vehicle equipment sales lots and automobile service stations shall not exceed 30 footcandles, when measured at finished grade, unless a higher lighting intensity is approved through a conditional use permit. All luminaries mounted on the under surface of service station canopies shall be a full cutoff fixture.

6. 

Outdoor parking lot lighting for nonresidential uses shall be completely turned off or light levels dimmed to half, when the associated use is closed (post-curfew), of when the business is open (pre-curfew). If safety and security lighting is warranted, an occupancy sensing system will bring the system to sufficient brightness to meet the need, then reset to the lower level after a predetermined time. This approach is subject to approval by the zoning administrator.

C. 

Landscaping. Parking lots shall have a five-foot perimeter planting strip adjoining street property lines and interior property lines adjoining an R district or a different district from the subject property and, in addition, 10% of the parking lot area within the perimeter planting strips shall be devoted to planting areas distributed throughout the parking lot subject to the conditions listed below:

1. 

A parking structure of two or more above-ground levels having at-grade parking adjoining a street shall have a 10-foot planting area adjoining the street property line.

2. 

Where landscaped areas are provided, they shall be a minimum of three feet in width. Landscaped areas containing trees shall be a minimum of four feet in the narrowest dimension.

3. 

The end of each row of parking stalls shall be separated from driveways by a landscaped planter, sidewalk, or other means.

4. 

A minimum of one tree for every three spaces shall be distributed evenly throughout the parking lot.

5. 

If an automobile will extend over landscaping, the required planting area shall be increased two feet in depth by decreasing the length of the parking stall by two feet. If an automobile will overhang into both sides of an interior landscaped strip or well, the minimum inside curb-to-curb interior planter dimension shall be seven feet.

6. 

Landscaping shall be provided on the upper levels of a parking structure where the structure is visible from a public street, pedestrian pathway, or adjacent building.

(1991 code § 35-17.26; Ord. 710 § 35-17.26, 1996; Ord. 727 § 17, 1998; Ord. 856 § 2 (Exh. A), 2011; Ord. 906 § 13, 2016; Ord. 938 § 9, 2020)

§ 18.55.150 Driveways, garages and carport design and location in R districts.

§ 18.55.160 Additional design standards for parking lots and structures.

The zoning administrator may require a parking lot to have paving, drainage, wheel stops, lighting, space marking, directional signs, ramp grades, litter collection containers, fire equipment, and queuing space for drive-in facilities or ticket-dispensing booths or machines.

A. 

Sales, storage, etc. The parking area may not be used for auto sales, storage, repair work, dismantling, or outdoor open sales displays.

B. 

Drainage/stormwater runoff.

1. 

Parking lots shall comply with the city's current national pollutant discharge elimination system (NPDES) permit requirements for the treatment of stormwater runoff. (See PHMC Chapter 15.05.)

2. 

Surface water shall be discharged to natural or engineered off-site drainage facilities and may not drain off or across public or private sidewalks, pedestrian walkways, or areas not designed as drainage facilities. All industrial uses shall be required to install oil/water separators and/or grease traps on storm drain inlets.

C. 

Surfacing. A driveway or parking area serving any residential development shall be surfaced with concrete or two inches of asphalt concrete over six inches of aggregate base or comparable concrete. Each driveway shall be graded and drained to dispose of all surface water as described in subsection B of this section to an approved drainage facility.

D. 

Optional double line striping. If it is deemed necessary by the zoning administrator, each parking space shall measure 8.5 feet from center to center, with double stripes two feet apart.

(D) DOUBLE LINE STRIPING

E. 

Markings.

1. 

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

2. 

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

3. 

Where the exit may not be clearly recognizable, directional signage must be provided.

(1991 code § 35-17.30; Ord. 710 § 35-17.30, 1996; Ord. 856 § 2 (Exh. A), 2011)

§ 18.55.170 Location and design of off-street loading spaces.

§ 18.55.180 Parking reductions allowed within priority development and transit areas.

§ 18.55.190 Minor adjustments to parking design standards.

§ 18.60.010 Specific purposes.

§ 18.60.015 General provisions.

§ 18.60.020 Exempt signs.

§ 18.60.030 Permit required.

§ 18.60.040 Maximum sign area.

§ 18.60.050 Specific sign standards.

§ 18.60.055 Temporary freestanding sign standards.

§ 18.60.057 Standards for other types of temporary commercial signs.

§ 18.60.060 Prohibited signs.

§ 18.60.070 Maintenance – Abandoned or obsolete signs.

§ 18.60.080 Master sign program.

§ 18.60.090 Minor sign adjustments.

§ 18.60.100 Major sign adjustments.

§ 18.60.110 Sign design guidelines.

§ 18.60.120 Enforcement.

§ 18.65.010 Purpose.

§ 18.65.020 Nonconforming uses.

§ 18.65.030 Nonconforming structures.

§ 18.65.040 Nonconforming signs.

§ 18.70.010 Purpose.

§ 18.70.020 Definitions.

§ 18.70.030 Locational limitations.

§ 18.70.040 Development and operating standards.

§ 18.70.050 Adult use development permit – Requirements.

§ 18.70.060 Permit – Contents of application.

§ 18.70.070 Permit – Application fee.

§ 18.70.080 Permit – Decision to grant or deny.

§ 18.70.090 Permit – Appeal.

§ 18.70.100 Permit – Judicial review of decision to grant or deny.

§ 18.70.110 Permit – Expiration.

§ 18.70.120 Permit – Approval criteria.

§ 18.70.130 Permit – Revocation.

§ 18.70.140 Violations.

§ 18.70.150 Applicability to other regulations.

§ 18.70.160 Conduct constituting a public nuisance.

§ 18.70.170 Amortization of legal nonconforming uses.

§ 18.67.010 Purpose.

§ 18.67.020 Definitions.

§ 18.67.110 Exemptions.

§ 18.67.120 Permits required.

§ 18.67.130 Application submittal requirements.

§ 18.67.140 Findings.

§ 18.67.150 General development standards.

§ 18.67.160 Exceptions.

§ 18.67.170 Standard conditions of approval.

§ 18.67.210 Required findings.

§ 18.67.220 Effect on existing use permit.

§ 18.67.230 Conditions of approval for Section 6409(a) modifications.

§ 18.67.240 Effect of repeal of Section 6409(a).

§ 18.67.310 Timing of review.