This chapter establishes development standards for accessory structures. The purpose of this chapter is to protect the public health, safety, and welfare by maintaining safe distances between structures, establishing architectural compatibility between primary structures and certain types of accessory structures, and minimizing potential impacts associated with lot coverage, privacy, and maintenance of light and air space. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The requirements contained in this chapter shall apply as follows:

A.    Accessory Structures on Private Property. Additional provisions and development standards contained elsewhere within the zoning code also apply.

B.    In the event of a conflict between the provisions of this chapter and any other provisions of this title, the stricter regulation shall control.

C.    This chapter regulates detached accessory structures only. Accessory structures that are attached (carports, garages, patio covers, porches) are considered part of the primary structure, and related provisions apply.

D.    For the purposes of this chapter, accessory dwelling units are not considered accessory structures and are separately defined and regulated pursuant to Section 17.60.070, Accessory dwelling units, and this chapter. (Ord. 2017-002 § 4, 2017; Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Structures larger than one hundred twenty square feet require a building permit. Plan check and zoning clearance is always required. Certain structures may require design review (minor or major), or other permits or entitlements as specified in Division II, Land Use Entitlements and Procedures. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Development Standards for All Accessory Structures. Accessory structures containing full indoor cooking facilities (combination of a sink, cooking apparatus, and refrigeration appliance) and a full bath are considered accessory dwelling units and additionally shall follow Section 17.60.070. Pool houses that conform to the requirements of this chapter are permitted.

1.    Setback. Except as otherwise provided in this section, accessory buildings and structures shall not be located in any required setback space.

2.    Setback Measurement. Minimum setback distances for accessory structures from property lines and between accessory structures shall be measured to the vertical wall plane. For encroachments into setbacks with overhangs, projections, etc., see Chapter 17.46, Figure 17.46-E.

3.    Location. Accessory structures shall not be located in the front yard of a single- or two-family residential use.

4.    Construction Phasing. Accessory structures may be constructed in conjunction with or after construction of the primary building(s) on the site.

5.    Primary Use. An accessory structure shall only be allowed for a residential use when there is an existing or concurrently proposed primary use of the parcel as a residence.

6.    Ingress/Egress into Backyard. A minimum three-foot ingress/egress pathway into a backyard shall be maintained for fire access.

7.    Parcel Coverage. All accessory buildings and structures shall be included in the maximum parcel coverage calculation.

8.    Maximum Residential Lot Coverage. Maximum aggregate lot coverage by primary and accessory structures is not to exceed forty-five percent of the net lot area.

9.    Floor Area. The total floor area of all accessory buildings shall not exceed fifty percent of the floor area of the main building, except as provided by an approved use permit.

10.    Maintenance. All on-site accessory structures shall be kept in a serviceable, well-maintained, and presentable manner that makes a positive contribution to the surrounding area.

11.    Compatibility. Accessory buildings located in established neighborhoods shall be of compatible size, scale, and appearance, so as to be in harmony with the character and quality of the primary building and surrounding development within the zone.

B.    Development Standards by Type of Accessory Structure. Table 17.42-A establishes development standards based on the type of accessory structure as defined in this title. See also Figure 17.42-A.

1.    No accessory structure shall be permitted within an established easement unless a waiver is granted from holder of easement, which is recorded as an easement amendment on the properties.

2.    Conditional use permit required for height between twelve feet and sixteen feet. Accessory dwelling units shall meet the requirements of Section 17.60.070.

3.    Single-family residences must comply with the Pool Safety Act (Health and Safety Code Sections 115920 through 115929).

4.    Setback measured to edge of water.

5.    All mechanical equipment must be behind the setback.

6.    Noise ordinance applicable to equipment (Chapter 17.50).

7.    No temporary carports permitted. See Section 17.54.020 for additional carport requirements.

8.    Measured at edge of water.

C.    Additional Development Standards for Swimming Pools.

1.    There shall be provided a minimum three-foot unobstructed clearance along at least seventy-five percent of the perimeter of all swimming pools constructed in this zoning district in order to provide adequate access to the pool for safety purposes. The three-foot unobstructed clearance area shall have no minimum setback requirement from a property line.

2.    The pool area or the entire property on which it is located shall be walled or fenced and equipped with self-closing and self-latching gates or doors so as to prevent uncontrolled access by children from the street or adjacent properties.

3.    If installed, supplemental lighting shall be installed so as to prevent annoying glare on adjacent properties.

4.    For below-ground swimming pools, the setback distance is measured from the property line to the edge of the pool water. For aboveground pools, spas, and hot tubs, the setback distance is measured from the property line to the edge of the spa or hot tub structure. Structures, including pool equipment, pool diving boards, water slides, and other aboveground appurtenances, shall be located behind the setback line.

5.    Related landscape features (waterfalls, rock, trellis, etc.) that exceed the height limit of the pool shall be placed behind the setback line.

Figure 17.42-A—Standards for Accessory Structures

(Ord. 2020-011 § 6, 2020; Ord. 2020-002 §§ 12, 13, 2020; Ord. 2017-002 §§ 5, 6, 2017; Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Bars on windows are not allowed unless consistent with design guidelines and meet fire department existing standards. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Residential new construction or additions beyond the existing footprint.

B.    Nonresidential new construction or addition over one hundred square feet or two hundred thousand dollars estimated construction valuation. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A construction waste management plan is required to estimate pre-construction quantity on a form provided by the city. A post-construction waste management report and applicable receipts should be submitted to obtain final occupancy permit. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to establish development standards and regulations for fences, walls, gates, and screening. The intent of these regulations is to provide for adequate air and light permeability and visibility onto lots, for adequate buffering between and screening of uses and activities, for the mitigation of noise, for the attractiveness of the public realm, and for the safety of the pedestrian realm. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Zoning clearance is required to ensure compliance with relevant provisions of this chapter. A landscaped barrier, such as a hedge or berm, is subject to the regulations of this chapter. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Fence and wall height shall be measured as the vertical distance between the lowest finished grade at the base of the fence and the top edge of the fence. The finished grade shall be that as shown on the approved plan for the site at the time of initial development or existing conditions and/or as determined by the zoning administrator.

B.    Landscape Walls. When a fence or wall is placed atop a landscape wall, the height of the landscape wall shall be considered as part of the fence or wall for purposes of determining the height of the fence or wall.

C.    Retaining Walls. When a fence or wall is placed atop a retaining wall, the height shall be measured from the base of the retaining wall (see Figure 17.45-A).

Figure 17.45-A—Measurement of Fence and Wall Height

(Ord. 2020-002 § 14, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Fence Location. Fences may be located anywhere within the residential parcel. The height is limited as specified in Figure 17.45-B, Fence Location.

Figure 17.45-B—Fence Location

B.    Residential Areas. Fences and walls located on a residentially zoned parcel shall comply with the following provisions and the dimensional requirements in Table 17.45-A, Residential Fence Standards:

1.    Wood fences in the rear yard and the portion of the side yard behind the front yard may include a durable wood latticework above a six-foot-high fence that extends the total height to no greater than eight feet, subject to administrative approval. Such added open latticework shall be allowed to prevent views to unattractive storage, improve privacy, and security.

2.    Fence and wall material shall comply with Table 17.45-C, Fence, Wall, and Gate Materials.

3.    Landscaping shall not grow over the heights of the fences or walls, or reduce the required transparency.

1.    Fences permitted to be solid (not open view up to three feet in height).

2.    Gated archways over front yard walkways may exceed height limit, but not to exceed a height of six feet.

3.    Fences may be permitted above six feet with administrative approval, not to exceed a total height of eight feet. Only permitted where needed to block storage, recycling, or other service areas on neighboring properties or when needed to address privacy concerns.

4.    See Figure 17.45-B.

5.    Between commercial and residential zoned properties, see nonresidential requirements.

C.    Nonresidential Areas. Fences or walls on parcels zoned for nonresidential uses shall comply with the following provisions and the dimension standards of Table 17.45-B, Fence Height in Multifamily and Nonresidential Areas:

1.    For a commercial or industrial project adjacent to a residential parcel, a six-foot-high residential masonry screen wall, finished on both sides, shall be required as a buffer between the project and the residential parcel.

2.    Fence and wall material shall comply with Table 17.45-C, Fence, Wall, and Gate Materials.

3.    Landscaping shall not grow over the heights of the fences or walls, or reduce the required transparency.

1.    An administrative permit is required for all front yard and corner side yard fences.

2.    For all commercial and industrial properties, the front yard and corner side yard fence may be built to a minimum of ninety percent transparency if necessary to block objectionable views.

3.    See Section 17.46.070, Corner lot vision triangle, for corner lot dimensions.

Figure 17.45-C Fence Height in Multifamily and Nonresidential Areas

(Ord. 2020-002 § 15, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Fences and walls shall be structurally sound and built with quality, durable materials, maintained in a vertical position, and kept in good repair. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    The design of residential fences and walls should take into account the residential, commercial, and industrial design guidelines, as maintained by the development services department.

B.    The entire surface of the fence in any one direction shall be consistent in its use of materials and styles.

C.    Acceptable, discouraged, and prohibited fence and wall materials are described in Table 17.45-C—Fence, Wall, and Gate Materials.

(Ord. 2020-002 § 16, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

All gates for vehicular access to areas used for parking or storage for residential, commercial, or industrial uses shall slide sideways or swing inwardly. If the gates serve commercial or industrial uses, they shall be closed when the premises are not open for business. Folding security gates must be seventy percent transparent and located to the interior of doors and windows. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Items to Be Screened. Trash, recycling, food waste, outdoor storage, and utility and service equipment, including satellite receiving dishes, must be located away from primary pedestrian areas, to the side or rear of buildings, or on rooftops. These items shall be enclosed or screened by landscaping, fencing, or other architectural means.

B.    Design. Screening design shall use the most appropriate materials, including solid wood fencing, masonry walls, and landscaping, to block unattractive items from view. The method of screening shall be architecturally integrated with the primary structure in terms of material, color, shape, and size. The design of screening should take into account the residential, commercial, and industrial design guidelines, as maintained by the planning department.

C.    Outdoor Storage. The storage area shall be surrounded on all sides by a substantial solid and opaque fence or wall six feet in height, unless a higher fence is required or approved by the planning commission. The wall or fence shall be kept in a clean, neat, and painted condition, free of graffiti.

D.    Service and Parking Areas. Fences, hedges, berms, and walls intended to screen service areas and parked vehicles in commercial, industrial, and multifamily housing projects shall not exceed three feet in height. At service and parking areas, where commercial development is sited adjacent to residential buildings, attractive screen fencing or walls must be provided along the property line(s). A five-foot planting area must be established adjacent to the screening fence or wall, with trees at a maximum spacing of twenty feet on center.

E.    Utility and Service Equipment. Utility and service equipment, including satellite receiving dishes, must be located away from streets and enclosed or screened by landscaping, fencing, or other architectural means. Rooftop equipment must be screened on all sides and must be integrated architecturally.

F.    Refuse and Recycling. Refuse and recycling areas shall be screened as set forth in Chapter 17.58, Refuse Disposal and Recycling. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to provide regulation for height and lot measurements for building height and yard size. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The following rules apply to the calculation and determination of height of structures in the city. The intent of these regulations is to provide for compatibility in the measure of structure or building height under a variety of circumstances (e.g., sloped site).

A.    General. Height shall be considered the vertical distance from the highest point of any structure to the ground level directly below, except as otherwise provided in this section and shown in Figure 17.46-A.

Figure 17.46-A—Height Measurement

B.    Measuring Structure Height on Sloped Lots. Height shall be measured from any point on top of the structure to a line directly below which connects to the opposite perimeter walls, or other perimeter support systems, at the lower of natural or finished grade. All parts of a structure, except for allowed projections specifically listed in this zoning ordinance, shall comply with maximum height limits. See Figure 17.46-B.

Figure 17.46-B—Measuring Structure Height on Sloped Lots

C.    Measuring the Height of Structures Located Near Retaining Walls. If any portion of a structure lies within the setback area of a lot and the base of the nearby retaining wall is at a lower elevation than the structure, the height of the structure shall be calculated from the base of the retaining wall (at the lower of natural or finished grade) rather than from the base of the structure wall. See Figure 17.46-C.

Figure 17.46-C—Measuring the Height of Structures Near Retaining Walls

D.    Height Limits. Height limits are established throughout this title. Primarily, height limits are listed in Division III, Zoning Districts, Allowed Uses, and Development Standards, where they are listed by zoning district. Additional height limits are established for accessory structures (Chapter 17.42) and fences and walls (Chapter 17.45).

Figure 17.46-D—Height Limit Measurement

(Ord. 2020-002 § 17, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Architectural Features. In nonresidential districts, chimneys, cupolas, flagpoles, monuments, radio and other towers, gas storage holders, water tanks, and similar structures and mechanical appurtenances may be permitted in excess of building height limits by no more than fifteen feet in industrial districts and no more than ten feet in all other nonresidential zones, provided a use permit is obtained in each case. Towers or other volumes shall not extend for more than twenty feet in any horizontal direction.

B.    Rooftop Structures. Rooftop structures such as elevator and mechanical equipment enclosures or roof deck trellises and gazebos may exceed the height limit by ten feet, provided they are set back a minimum of ten feet from building walls and are screened on all sides by a parapet or sloping roof that is architecturally integrated within the building design.

Figure 17.46-C Height Exemptions

(Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The requirements set forth in this section shall be used in interpreting the yard and setback provisions.

A.    Front Yard Requirements. Front yards shall be required as follows:

1.    In the case of through parcels, front yards shall be provided on two frontages. Where one of the front yards required on a through parcel is not in keeping with the prevailing yard pattern, the average front yard setbacks of the yards provided on adjacent parcels may be substituted for the front yard required.

2.    In the case of corner parcels that do not have reversed frontage, a front yard of required depth shall be provided in accordance with the prevailing yard pattern.

3.    In the case of reversed frontage corner parcels, a front yard of the required depth shall be provided on one of the two frontages.

4.    In the case of corner parcels with more than two frontages, the planning department shall determine the front yard requirements; provided, that at least one front yard shall be provided having the full depth required generally in the district.

B.    Side Yard Requirements. Side yards shall be required as follows:

1.    In the case of through parcels, side yards shall extend from the rear lines of front yards required.

2.    In the case of a corner parcel which does not have reversed frontage, but is adjacent to a parcel with reversed frontage, the rear twenty feet of the side yard fronting the street shall not be less than the front yard required or existing on the adjacent parcel with reversed frontage.

3.    In the case of a corner parcel having reversed frontage, the rear twenty feet of the side yard fronting the street shall not be less than the front yard required or existing on the parcel adjacent to the side yard frontage. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The methods of measurements set forth in this section shall be used in interpreting the yard and setback provisions.

A.    Front Yard Measurements. The depth of front yards shall be measured at right angles to a straight line joining the foremost points of the side property lines. In the case of rounded property corners at street intersections, the foremost point of side property lines shall be assumed to be the point at which the side and front lines would have met without such rounding. Front and rear front yard lines shall be parallel.

B.    Side Yard Measurements. The width of a required side yard shall be measured in such a manner that the yard established is the minimum width required by district regulations with its inner edge parallel with the side property line.

C.    Rear Yard Measurements. The depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum depth required by district regulations with its inner edge parallel with the rear property line.

D.    Special Yards. In those situations where a special yard exists, the zoning administrator shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the parcel on which the yard is to be located to the adjoining parcel or parcels, with due regard to the orientation and location of structures and buildable areas thereon.

Figure 17.46-D Yard Area Measurement

(Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Yard encroachments shall be allowed as provided in this section.

A.    Architectural Features—Cornices and Eaves. Architectural features such as cornices, eaves, and canopies may not extend more than three feet into any required yard or public right-of-way, provided such elements have a clearance of eight feet above the ground. An encroachment permit from the public works department is required for encroachments into the public right-of-way.

B.    Architectural Features—Balconies, Chimneys, and Bay Windows. Replacement chimneys, bay windows, balconies, media centers, fire escapes, exterior stairs, and similar architectural features may encroach a maximum distance of two feet into required side yards or three feet into any required rear yard, provided such features shall be at least three feet from a property line. These standards also apply to landings greater than thirty-six inches above grade. Landings that do not exceed thirty-six inches above grade are addressed in subsection C of this section.

C.    Porches and Decks. Decks, platforms, uncovered porches, and landing places that do not exceed a height of thirty-six inches above grade may encroach into any front or corner side yard a maximum distance of six feet and project into any rear or interior side yard up to five feet from the property line.

D.    Official Plan Lines. Whenever an official plan line, such as a planned future right-of-way line, has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this chapter be construed as permitting any encroachment upon any official plan lines.

E.    Corner Parcels. At corner parcels, setback/built-to requirements apply to both street frontages. Corner lot vision triangle standards apply; see Section 17.46.070, Corner lot vision triangle.

Figure 17.46-E - Yard Encroachments

(Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Vision triangles apply only to corner lots. The boundaries of a vision triangle are formed by drawing lines from the point of intersection of a lot’s street corner property lines to points thirty feet along the two property lines and then connecting the two points with a straight line.

A.    Residential Districts. No wall, fence, gate, or hedge higher than three feet shall be erected or maintained on a corner lot in any residential district within the area called the vision triangle.

B.    Other Districts. In any district other than a residential district, no wall, fence, gate, hedge, or other obstruction to view shall be erected or maintained between three feet and eight feet above grade on any corner lot within the area called the vision triangle.

C.    Planting and Landscape Materials. Planting and landscape materials (except for street trees) shall not exceed three feet in height within the vision triangle area.

Figure 17.46-F Vision Triangle

(Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The council of the city finds and determines that:

A.    Water is a limited resource, particularly in dry years, and must be managed and used efficiently;

B.    Precipitation in California fluctuates annually causing yearly variations in the water supply as demonstrated by water supply shortages experienced in the East Bay Municipal Utility District service area;

C.    State and local standards for water use have been established in regard to other water uses, including indoor plumbing fixtures;

D.    In addition to these water-conserving efforts, landscapes should be designed based on the functional use of the landscape and appropriate horticulture, by including plants best suited for the climate. Use of native California plants shall be encouraged wherever possible;

E.    Cities as water users can provide leadership in water-conserving landscape and irrigation practices, and more comprehensive water savings can be achieved if the city adopts landscape requirements for use in its own landscape irrigation activities;

F.    Such landscape requirements do not increase the cost of landscaping when computed over the life of the development and do not diminish the aesthetic quality of the landscaping; and

G.    Outdoor landscaping can consume up to half of the water used by households and it is well established that frequent overwatering of landscaping can be avoided through appropriate use of plant materials, efficient irrigation systems and good landscape management practices.

H.    In 2015, the California Department of Water Resources revised its Model Water Efficiency Landscape Ordinance to increase water efficiency standards for new and retrofitted landscapes through encouraging the use of more efficient irrigation systems, graywater usage, and onsite stormwater capture, and by limiting the portion of landscapes that can be covered in turf, and this update is contained in California Code of Regulations, Title 23, Division 2, Chapter 2.7, Model Water Efficient Landscape Ordinance. (Ord. 2020-002 § 18 (part), 2020)

The following words and phrases have the meanings ascribed to them in this section:

“Anti-drain valve” or “check valve” means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads.

“Application rate” means the depth of water applied to a given area, usually measured in inches per hour.

“Applied water” means the portion of water supplied by the irrigation system to the landscape.

“Automatic controller” means a mechanical or solid-state timer, capable of operating valve stations to set the days and length of time of a water application.

“Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

“Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

“Flow rate” means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second).

“Hydrozone” means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone.

“Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

“Landscaped area” means the entire parcel less the building footprint, driveways, nonirrigated portions of parking lots, hardscapes (such as decks and patios), and other nonporous areas. Water features are included in the calculation of the landscaped areas. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included.

“Mulch” means any material such as leaves, bark, straw or other materials left loose and applied to the soil surface to reduce evaporation.

“Overspray” means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures or other nonlandscaped areas.

“Rain-sensing device” means a system which automatically shuts off the irrigation system when it rains.

“Recreational area” means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic.

“Recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation that is not intended for human consumption.

“Rehabilitated landscape” means any relandscaping project that requires a permit.

“Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope.

“Soil moisture sensing device” means a device that measures the amount of water in the soil.

“Soil texture” means the classification of soil based on the percentage of sand, silt and clay in the soil.

“Sprinkler head” means a device which sprays water through a nozzle.

“Turf” means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool-season grasses. Bermudagrass, kikuyugrass, seashore paspalum, St. Augustine grass, zoysiagrass, and buffalo grass are warm-season grasses.

“Valve” means a device used to control the flow of water in the irrigation system. (Ord. 2020-002 § 18 (part), 2020)

In recognition of the findings set forth in Section 17.48.010, the council of the city does establish a landscaping chapter for the following purposes:

A.    Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;

B.    Establish a structure for designing, installing, and maintaining water-efficient landscapes in new projects;

C.    Establish provisions for water management practices and water waste prevention for established landscapes;

D.    Promote the control of stormwater pollutants and manage increases in stormwater runoff and volume; and

E.    Provide landscaping development standards, in the context of water as a limited resource and the need to promote the conservation and efficient use of water particularly in terms of irrigation and water conservation measures, and stormwater management techniques while enhancing the aesthetic appearance of the city, consistent with the policy direction of the city of San Pablo general plan.

Landscaping requirements described below shall be coordinated with stormwater pollution control measures of Chapter 8.40, Stormwater Management and Discharge Control, and Chapter 12.16, Tree, Shrubs and Plants in Public Places. These regulations are intended to comply with the requirements of California Code of Regulations, Title 23, Division 2, Chapter 2.7, Model Water Efficient Landscape Ordinance. Compliance with this chapter does not guarantee compliance with other state and federal law, including but not limited to Fish and Wildlife Department requirements. (Ord. 2020-002 § 18 (part), 2020)

A.    Except as provided in subsections B and D of this section and Section 17.48.120, Tree protection, this chapter shall apply to any of the following developments requiring a building permit, administrative use permit, conditional use permit, or design review:

1.    All new and rehabilitated landscaping for public agency projects and private commercial, mixed-use or industrial development projects.

2.    Landscaping installed in a new residential project with one or more single-family or two-family units.

3.    Landscaping installed in a multifamily project or a condominium project.

B.    Additionally, in conformance with the Model Water Efficient Landscape Ordinance (California Code of Regulations, Title 23, Division 2, Chapter 2.7), the water efficiency standards contained in Section 17.48.070 shall apply only to any:

1.    New landscape installations with an aggregate area of five hundred square feet or more;

2.    Rehabilitated landscapes with an aggregate area of two thousand five hundred square feet or more;

3.    New construction and rehabilitated landscapes that are developer-installed in single-family and multi-family projects with a landscape area equal to or greater than two thousand five hundred square feet requiring a building permit, design, review, or other discretionary permit; and

4.    New construction landscapes that are homeowner-provided and/or homeowner-hired in single-family and multifamily residential projects with a total project landscape area equal to or greater than five thousand square feet requiring a building permit, design review, or other discretionary permit.

C.    All landscaping projects shall comply with the applicable design guidelines in the appendices to this title.

D.    Exemptions. This chapter, or portions of this chapter as specified, shall not apply to the following:

1.    Landscaping installed by a homeowner of an existing single-family or two-family residence, where the new landscape will have an aggregate area of less than five hundred square feet, or where there is rehabilitation of a landscape with an aggregate area of less than two thousand five hundred square feet.

2.    Registered local, state, or federal historical sites.

3.    Ecological restoration projects that do not require a permanent irrigation system.

4.    Plant collections, as part of botanical gardens or arboretums open to the public.

5.    With the exception of parking areas, cemeteries shall not be subject to Sections 17.48.090 and 17.48.100, post-irrigation scheduling and maintenance and irrigation audit scheduling. (Ord. 2020-002 § 18 (part), 2020)

A.    Landscaping Locations. A detailed landscape plan shall be submitted for all projects subject to the provisions of this chapter pursuant to Section 17.48.040, Applicability. Landscaping shall be required in the following locations:

1.    In the public right-of-way and along the street frontage(s) of a site subject to the provisions of the master landscape plan, as set forth in Section 12.16.060, and as approved by the public works director or designee.

2.    Along the perimeters of parking areas in public right-of-way as set forth in Chapter 12.16 and as approved by the public works director or designee.

3.    Within the interior of a parking area as set forth in subsection C of this section.

4.    At appropriate areas adjacent to buildings in a manner that breaks up building walls.

5.    Within the front yard area, and corner side yard area of a corner lot for all residential projects.

6.    Surrounding ground-floor patio private open space required in multifamily projects, with dense hedges no less than two feet in width adjacent to a fence or wall to reinforce privacy.

7.    At pedestrian and vehicle entrance(s) to commercial buildings, in accordance with city-adopted commercial design guidelines.

8.    Where existing heritage trees can be saved and incorporated into a project, subject to an arborist’s report provided by the applicant. See Section 17.48.120, Tree protection, for requirements regarding the protection of existing trees.

9.    In accordance with the stormwater management provisions contained in Chapter 8.40.

B.    Perimeter Landscaping. Landscaping along the frontage(s) of project sites and the perimeter of parking areas shall include the following:

1.    Trees planted no farther apart than thirty feet on center.

2.    A planting strip no less than three feet in width on a nonresidential development parcel adjacent to a side or rear property line when the nonresidential use abuts a residential use. A six-foot-high wall or fence shall be required, with shrubs or vines planted against the wall and/or planting in pockets or offsets in the wall. See also the city-adopted commercial design guidelines.

3.    Street trees placed in accordance with master landscape plan in or adjacent to sidewalks, unless existing street trees on an adjacent parcel(s) have established a greater or lesser spacing that should be maintained on the subject property as approved by public works director or designee.

4.    A three-foot-high wall or fence with an adjacent three-foot-high hedge, to screen parking near the front property line of an industrial or commercial project, as discussed and illustrated in the city-adopted industrial design guidelines, or parking adjacent to the sidewalk.

5.    The height of perimeter landscaping on corner lots and within the corner lot vision triangle shall be consistent with the fence and wall provisions of Section 17.45.040 (Location, height, and transparency) or comply with sight distance requirements of the American Association of State Highway and Transportation Officials (AASHTO), whichever is most restrictive.

C.    Interior Parking Lot Landscaping. The amount and type of landscaped areas required within parking lots are as follows:

1.    For uncovered parking and driveway areas containing parking spaces for at least ten and not more than twenty-one vehicles, a minimum of five percent of the interior of such areas shall be landscaped.

2.    For uncovered parking and driveway areas containing parking spaces for more than twenty-one vehicles, a minimum of ten percent of the interior of such areas shall be landscaped.

3.    Concrete curbs, a minimum of six inches above the grade of abutting sidewalks and parking areas, may be required for all landscaped areas so located. These landscaped islands shall have no dimension less than three feet. See Section 17.34.120, Industrial design guidelines, regarding landscaping screening and landscaping islands.

4.    The discretionary spacing of trees in parking lots to create “orchard” planting that will shade the parking area is discussed and illustrated in Section 17.34.080, Commercial design guidelines.

5.    Varieties of parking lot trees shall be specified that lend themselves to trimming to ten feet above ground level and that do not drop fruit or sap.

6.    No impervious surface or parking shall be located within the dripline of trees except when using tree varieties that are minimally susceptible to root damage from parked vehicles.

7.    Landscaped areas within commercial and industrial parking lots are subject to Section 17.34.080, Commercial design guidelines, and Section 17.34.120, Industrial design guidelines.

D.    Appropriate Plant Materials. To conserve irrigation water and to ensure that landscapes are durable, plants should be selected that are based on the functional use of the site, appropriate horticulture, local climate, drought tolerance, and species native to California, wherever possible. Planting practices are as follows:

1.    Street trees shall be selected from the city’s master landscape plan for street tree planting and planted per the city’s master landscape plan and as approved by public works director.

2.    All trees shall be a minimum fifteen-gallon size, all shrubs shall be a minimum five-gallon size, and all street trees, shrubs and ground cover public right-of-way shall be per the master landscape plan.

3.    Landscape materials such as shrubs shall be chosen that will not grow over the height of an adjacent fence or wall, or can be readily trimmed to such height.

4.    Landscape materials adjacent to creeks shall be native riparian vegetation and subject to city and California Department of Fish and Wildlife approval. For the purposes of this subsection, “adjacent” means creek banks and an additional twenty-five feet measured from either of the following points:

a.    If the slope of the creek bank is less than one vertical unit to two horizontal units, the measurement shall begin at the top of the creek bank.

b.    If the slope of the creek bank is more than one vertical unit to two horizontal units, the measurement shall begin at the point where an imaginary slope of one vertical unit and two horizontal units is projected from the edge of the creek bed to the level of the top of the bank (see Figure 17.48-A).

Figure 17.48-A—Creek Setbacks

5.    At least ninety percent of the plants selected in nonturf areas shall be well suited to the climate of the region and require minimal water, once established. Up to ten percent of the plants may be of a non-drought-tolerant variety as long as they are grouped together into “hydrozones” (i.e., areas containing plant materials with similar water use), with the exception of hydrozones with plants of mixed water use as specified in Section 17.48.070.

6.    The combined turf and/or water area (i.e., pools, ponds, and fountains) shall be limited to twenty-five percent of the irrigated areas. Turf area limitation is excluded for public parks, golf courses, cemeteries, and school recreation areas.

7.    Turf shall be used that has a water requirement less than or equal to tall fescue. Exceptions may be granted where functional use requires another turf grass species.

8.    No turf shall be allowed in median strips or within the public right-of-way.

E.    Soil Conditioning and Mulching.

1.    A minimum of six cubic yards of nitrified soil conditioner per one thousand square feet shall be incorporated into the top six inches of soil.

2.    A minimum of three inches of mulch shall be added in nonturf areas to the soil surface after planting. Nonporous material shall not be placed under the mulch.

3.    Grading shall be minimized to avoid disturbance. Topsoil shall be stockpiled and shall be reapplied during final grading.

4.    Soil tests showing soil type, soil depth, uniformity, and pH shall be required and submitted with landscape plans. Soil will be amended according to report recommendations.

5.    Street trees shall be planted per the master landscape plan.

F.    Root Barrier. A root barrier at least eighteen inches deep shall be used for any trees planted within four feet of sidewalks, paved areas, and other structures potentially subject to root damage. There is no root barrier requirement for street trees.

G.    All ornamental uses of water in the common areas of a development project, such as ponds, lakes and fountains, shall be supplied, operated, and maintained with alternative sources of water if they are available. (Ord. 2020-002 § 18 (part), 2020)

A.    Landscape plans shall be submitted by the applicant for review of conformance with these requirements. The applicant shall allow a minimum of thirty days for each review of landscaping plans and each re-review in the case of nonconformance with these requirements. Landscaping shall not be installed until the applicant receives acceptance of the landscape plans. Changes to the approved landscape that affect the character of the plant material or the irrigation system design are required to be submitted for review approval.

B.    Landscape Plan Approval. A landscape documentation package, including a landscape design plan and irrigation design plan, as described in Section 17.48.070 and prepared by a licensed landscape architect or other qualified professional; a project information sheet and water-efficient landscape worksheet; and a soil management report and grading design plan, as applicable, shall be submitted for approval prior to issuance of a building permit. The package will be reviewed pursuant to the procedure in Section 17.18.020, Plan check/zoning clearance. In addition to review by the development services department, other departments, including public works, may review the submittal for approval.

C.    Review. The applicant shall allow a minimum of thirty days for each review of landscaping plans and each re-review in the case of nonconformance with the requirements of this chapter. Landscaping and irrigation shall not be installed until the plans are approved. Changes to the approved landscape plan that would affect the character of the chosen plant material or the irrigation system design are required to be submitted for administrative approval.

D.    EBMUD Review. The city may require review by the East Bay Municipal Utility District (EBMUD) of certain proposed projects for compliance with applicable water conservation guidelines and requirements of EBMUD.

E.    Certificate of Compliance. A certificate of compliance, in the form specified by the zoning administrator, shall be submitted to the zoning administrator upon completion of the installation. (Ord. 2020-002 § 18 (part), 2020)

A.    General Requirements. The section establishes the required documentation to be provided for all nonexempt landscape projects in accordance with city standards and with the model water efficiency code.

B.    Landscape Documentation Package. A landscape documentation package shall be submitted by the project applicant for review and approval prior to start of construction. The landscape documentation package shall include the following elements, shown on either plan sheets or supplemental pages:

1.    Project Information Sheet. The plan information shall include, but is not limited to, the following: date; project name; project address, parcel, and/or lot number(s); total landscape area (square feet) and rehabilitated landscape area (if applicable); project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed); water supply type (e.g., potable, recycled, well) and identification of the local retail water purveyor if the project applicant is not served by a private well; checklist or index of all documents in the landscape documentation package; project contacts information for the project applicant and property owner.

2.    Landscape design plan: see subsection I of this section.

3.    Water-efficient landscape worksheet: see subsection D of this section.

4.    Soil management plan: see subsection I of this section.

5.    Irrigation design plan: see subsection F of this section.

6.    Grading design plan: see subsection G of this section.

C.    Landscape Design Plan.

1.    Legend. The landscape design plan shall contain a separate legend with corresponding symbols found throughout the submitted landscape design plan. The legend shall include landscape materials; the number, botanical name, common name, and container size of trees, vines, ground covers, and shrubs; type and amount of ground cover; and areas of turf and other additional vegetation.

2.    The landscape design plan shall be drawn on project base sheets at a scale that accurately and clearly identifies the following, to the extent they apply:

a.    Proposed plant locations, species, and sizes.

b.    Planting symbols corresponding to the legend, showing spacing and quantities of each group of plants indicated.

c.    Calculation of total landscaped area.

d.    Property lines and street names.

e.    Pools, ponds, water features, fences, and retaining walls.

f.    Recreational areas.

g.    Existing and proposed buildings and structures, parking areas, site and building entrance points, type of site paving, structural signage, perimeter fencing, trash receptacle locations, and any additional site amenities.

h.    Natural features including but not limited to rock outcroppings, existing trees, and shrubs to remain.

i.    Location of any existing trees over six inches in diameter at breast height (DBH), each tree’s diameter at breast height, and whether such tree is proposed for retention or removal.

j.    Representation or description of type of tree staking, planting notes identifying methods for soil preparation including depth, fertilizer, protective methods for landscaping, paving considerations, contractor guarantee, and other applicable planting and installation details.

k.    Landscaping and irrigation protection measures (i.e., bollards, tire stops, curbs).

l.    Areas permanently and solely dedicated to edible plants.

m.    Each hydrozone, labeled or identified by number, letter or other method and noted as low, moderate, high water or mixed water use. Temporarily irrigated areas of the landscape must be included in the low water use hydrozone of the water budget calculation. Each hydrozone must have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use.

n.    Areas irrigated with recycled water.

o.    Type of mulch and application depth and proposed soil amendments by type and quantity.

p.    Type and surface area of water features.

q.    Hardscapes (pervious and nonpervious).

r.    Location, installation details, and twenty-four-hour retention or infiltration capacity of on-site stormwater retention areas.

s.    Any applicable rain harvesting or catchment technologies and their twenty-four-hour retention or infiltration capacity.

t.    Any applicable graywater discharge piping, system components and area(s) of distribution.

u.    Sight Distance. Sight distance and traffic visibility calculations and determinations per American Association of State Highway and Transportation Officials (AASHTO), unless waived by the director of public works.

v.    Landscaping in the public right-of-way or publicly owned property shall be per the city’s master landscape plan.

w.    In Fire-Prone Areas. A landscape design plan for projects in fire-prone areas must address fire safety and prevention. A defensible space or zone around a building or structure is required by Public Resources Code Sections 4291(a) and (b).

D.    Water-Efficient Landscape Calculations and Alternatives. A water-efficient landscape worksheet shall be completed and contain information on the plant factors, irrigation method, irrigation efficiency and area associated with each hydrozone and show (Note: an example work sheet is contained at Appendix B of California Code of Regulations, Title 23, Division 2, Chapter 2.7, Model Water Efficient Landscape Ordinance):

1.    The estimated total water use (ETWU) allowable for the landscape area (LA) does not exceed the maximum applied water allowance (MAWA); and

2.    The evapotranspiration adjustment factor (ETAF) for the landscape project does not, on average, exceed a factor of 0.55 for residential areas and 0.45 for nonresidential areas, exclusive of special landscape areas (SLA), within the landscape project, which are calculated using an ETAF of 1.0.

3.    Maximum allowed water allowance (MAWA) is the annual gallons allowed based on reference evapotranspiration (Eto); a conversion factor that converts acre-inches per acre per year to gallons per square foot per year (i.e., 0.62); total landscape area in square feet (LA), and the ETAF.

4.    Variables Used in Water Efficiency Calculations.

a.    Plant Factors (PF). The plant factors range from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. Any and all water features shall be included in the high water use hydrozone. Any and all temporarily irrigated areas shall be included in the low water use hydrozone.

b.    Landscape Areas (LA). Total landscape area, expressed in square feet, includes all areas dedicated to planting, turf, and water features, excluding footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, pervious or nonpervious hardscapes, or other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

c.    Special Landscape Areas (SLA). Special landscape areas are areas of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

d.    Irrigation Efficiency (IE). For the purpose of determining estimated total water use, the average IE is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.

e.    Hydrozone Area (HA). The square feet in the hydrozone.

5.    Evapotranspiration Adjustment Factor (ETAF). The ETAF for a landscape project is calculated based on the plant factors and irrigation methods selected. The water-efficient landscape worksheet must show that the average ETAF for regular landscape areas is no greater than 0.55 for residential areas and 0.45 for nonresidential areas. The ETAF for special landscape areas can be up to 1.0.

E.    Soil Management Report. A soil management report shall be submitted and shall include:

1.    Analysis of Soil Samples. Soil samples shall be submitted to a laboratory for analysis and recommendations.

a.    Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

b.    The soil analysis shall include:

i.    Soil texture;

ii.    Infiltration rate determined by laboratory test or soil texture infiltration rate table;

iii.    pH;

iv.    Total soluble salts;

v.    Sodium;

vi.    Percent organic matter; and

vii.    Recommendations.

c.    In residential projects with multiple landscape installations, a soil sampling rate of one in seven lots or approximately fifteen percent will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.

2.    Timing of Submittal. The soil management report shall be submitted as part of the landscape documentation package.

3.    Availability of Report to Landscape Professionals. The soil management report shall be made available, in a timely manner, to the professionals preparing the landscape design and irrigation design plans.

4.    Implementation Verification. Verification of implementation of the soil management report recommendations shall be submitted with the certificate of completion.

F.    Irrigation Design Plan. The irrigation plan shall be drawn on the project base map or plan. It should be separate from, but use the same format and scale as, the landscape plan described in subsection C of this section and per the master landscape plan for trees, shrubs and ground cover in the public right-of-way or on public facilities. The irrigation design plan shall accurately and clearly identify and include the following information:

1.    An irrigation legend describing each symbol found on the irrigation site plan. Different types of valves need to be listed indicating make, radius, gallons per minute, pounds per square inch, and other applicable notes. Descriptions of lines need to include size, schedule, and minimum cover (depth);

2.    The location and size of separate water meters for the landscape (if applicable);

3.    The location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;

4.    Static water pressure at the point of connection to the public water supply; and

5.    Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station.

6.    Design Criteria for Hydrozones.

a.    Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

b.    Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

c.    Where feasible, trees shall be placed on separate valves from shrubs, ground covers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

d.    Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

i.    The plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

ii.    The plant factor of the higher water using plant is used for calculations.

e.    Individual hydrozones that mix high and low water use plants are not permitted.

7.    The installation of the water irrigation systems shall allow for the current and future use of recycled water where feasible. All recycled water irrigation systems shall be designed and operated in accordance with all applicable city regulations and state laws.

8.    An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period, for the established landscape, and for any temporarily irrigated areas. The irrigation schedule shall:

a.    Include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station.

b.    Provide the amount of applied water (in hundreds of cubic feet, gallons, or in whatever billing units the local water supplier uses) recommended on a monthly and annual basis.

9.    System Components.

a.    Landscape Water Meters. Separate landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all nonresidential irrigated landscapes of one thousand square feet or more and residential irrigated landscapes of five thousand square feet or more. A landscape water meter may be either:

i.    A customer service meter dedicated to landscape use provided by the local water purveyor; or

ii.    A privately owned meter or submeter.

b.    Soil Moisture or Evapotranspiration-Based Irrigation Controllers. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing nonvolatile memory are required for irrigation scheduling in all irrigation systems.

c.    Pressure Regulating Devices. If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.

i.    If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

ii.    Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

d.    Weather-Based Irrigation Controllers. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions are required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

e.    Manual Shut-Off Valves. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) are required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

f.    Anti-Drain Valves. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low head drainage.

g.    Check Valves. Check valves are required where elevation differences may cause low head drainage.

h.    Master Shut-Off Valves. Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

i.    Backflow Prevention Devices. Backflow prevention devices are required to protect the water supply from contamination by the irrigation system.

j.    Flow Sensors. Flow sensors that detect high flow conditions created by system damage or malfunction are required for all nonresidential landscapes and residential landscapes of five thousand square feet or more.

k.    Controllers. All automatic irrigation systems shall be equipped with a controller capable of dual or multiple programming. Controllers must have multiple-cycle start capacity and a flexible calendar program.

l.    Enclosure of Controllers and Valves. Aboveground irrigation controllers and valves shall be enclosed in a protective and locked steel cage.

m.    Application Rates. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

n.    Prevent Water Waste. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures.

o.    Irrigation Efficiency (IE). The irrigation system shall be designed and installed to meet, at a minimum, the irrigation efficiency criteria regarding the Maximum Applied Water Allowance defined in subsection (D)(4) of this section.

p.    Meet ASABE/ICC Standard. All irrigation emission devices shall meet the requirements of the American National Standards Institute (ANSI) and the American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads shall have a documented distribution uniformity low quarter of 0.65 or higher using protocols in ASABE/ICC 802-2014.

q.    Peak Water Operating Demands or Restrictions. It is recommended that the project applicant inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

r.    Mulched Planting Areas. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

s.    Matched Precipitation Rates. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.

t.    Head to Head Coverage. Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.

u.    Riser-Protection Components. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turf.

v.    Low Point Drainage. Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

w.    Tree Irrigation. Drip or bubbler irrigation systems are required for trees. Bubblers shall be used that do not exceed one and one-half gallons per minute per device.

x.    Sprinkler Heads. Sprinkler heads must have matched precipitation rates within each control valve circuit.

y.    Pop-Up Sprinklers. Pop-up sprinklers in lawn areas shall have at least a four-inch pop-up height.

z.    Areas Less Than Ten Feet Wide. Areas less than ten feet in width in any direction must be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

aa.    Adjacent to Nonpermeable Surfaces. Overhead irrigation is not permitted within twenty-four inches of any nonpermeable surface. Allowable irrigation within the setback from nonpermeable surfaces may include drip, drip line, or other low flow nonspray technology. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

i.    The landscape area is adjacent to permeable surfacing and no runoff occurs;

ii.    The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping; or

iii.    The irrigation designer specifies an alternative design or technology and clearly demonstrates strict adherence to irrigation system design criteria. Prevention of overspray and runoff shall be confirmed during the irrigation audit.

bb.    Slopes Between Fifteen and Twenty-Five Percent. Sprinkler heads with a precipitation rate of 0.85 inches per hour or less shall be used on slopes between fifteen and twenty-five percent or on slopes exceeding fifteen percent within ten feet of hardscapes to minimize runoff.

cc.    Slopes Greater Than Twenty-Five Percent. Slopes greater than twenty-five percent shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified by the zoning administrator if the landscape designer specifies an alternative design or technology, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion shall be confirmed during the irrigation audit.

10.    Soil Types and Infiltration Rate. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates, therefore minimizing runoff.

11.    Median Strip Irrigation. No overhead sprinkler irrigation systems shall be installed in median strips less than eight feet wide.

12.    Public Areas. Drip or bubbler sprinkler systems shall be installed in public right-of-way and on public facilities for trees, shrubs, and ground cover per the master landscape plan as approved by public works director or designee.

13.    Nighttime Irrigation. Whenever possible, landscape irrigation shall be scheduled between two a.m. and ten a.m. to avoid irrigating during times of high wind or high temperature.

14.    Alternative Water Sources. All ornamental uses of water in the common areas of a development project, such as ponds, lakes, and fountains, shall be supplied, operated, and maintained with alternative sources of water if they are available.

15.    Water Budget. Irrigation plans shall include a water budget that includes the following:

a.    Estimated annual water use (in gallons);

b.    Irrigated (landscaped) area (in square feet);

c.    A monthly irrigation schedule for the plant establishment period and the following year. This irrigation schedule will include the following information for each valve:

i.    Plant type.

ii.    Precipitation rate.

iii.    Flow rate in gallons per minute.

iv.    Run times in minutes per day.

v.    Number of watering days per week (turf grasses should be irrigated a maximum of once every three days).

16.    Monthly Schedule. When establishing the monthly irrigation schedule required by subsection B of this section, the certified professional described in Section 17.48.080, Certification of completion, shall take into account and modify the increments of irrigation according to soil type, slope of the landscaped area, time of day, and number of cycles (minutes throughout the day) to ensure minimal runoff.

17.    Watering Guidelines. Table 17.48-A, Watering Guide, shows how many inches of water tall fescue needs monthly, based on climatic data for inland and coastal areas. Water-conserving plants will require about half the water required by tall fescue. This table should be used as a guide but amounts can be adjusted by the applicant if more specific information is available.

G.    The Grading Design Plan.

1.    The grading design plan shall indicate finished configurations and elevations of the landscape area, including:

a.    Height of graded slopes;

b.    Drainage patterns;

c.    Pad elevations;

d.    Finish grade; and

e.    Stormwater retention improvements, if applicable.

2.    To prevent excessive erosion and runoff, applicants may be required to:

a.    Grade so that all irrigation and normal rainfall remains on site and does not drain on to nonpermeable hardscapes;

b.    Avoid disruption of natural drainage patterns and undisturbed soil; and

c.    Avoid soil compaction in landscape areas.

H.    Prescriptive Compliance Option for Smaller Sites. Landscape projects that involve two thousand five hundred square feet or less of landscape area may be approved through a zoning compliance review if the applicant meets all of the following requirements. Under this procedure, no landscape design plan would need to be prepared, and requirements for a water-efficient landscape worksheet, a soil management plan, an irrigation design plan, and a grading design plan are waived.

1.    Submit a prescriptive compliance landscape documentation package that includes the following elements:

a.    Date;

b.    Project applicant;

c.    Project address (if available, parcel and/or lot number(s));

d.    Total landscape area (square feet), including a breakdown of turf and plant material;

e.    Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed);

f.    Water supply type (e.g., potable, recycled, well) and identification of the local retail water purveyor if the applicant is not served by a private well;

g.    Contact information for the project applicant and property owner; and

h.    Applicant signature and date with statement, “I agree to comply with the requirements of the prescriptive compliance option of the City of San Pablo’s Landscape Regulations.”

2.    Incorporate compost at a rate of at least four cubic yards per one thousand square feet to a depth of six inches into landscape area (unless contraindicated by a soil test).

3.    Use plant material as follows:

a.    For residential areas, install climate adapted plants that require occasional, little or no summer water (average water use classification of landscape species (WUCOLS) plant factor 0.3) for seventy-five percent of the plant area, excluding edibles and areas using recycled water;

b.    For nonresidential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for one hundred percent of the plant area, excluding edibles and areas using recycled water.

4.    Apply a minimum three-inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, areas receiving closely spaced plugs as a lawn alternative, or direct seeding applications where mulch is contraindicated.

5.    Turf shall comply with all of the following:

a.    Turf shall not exceed twenty-five percent of the landscape area in residential and mixed-use areas with residential dwellings;

b.    Turf is prohibited in nonresidential areas;

c.    Turf shall not be planted on sloped areas that exceed a slope of one-foot vertical elevation change for every four feet of horizontal length; and

d.    Turf is prohibited in parkways (i.e., the area between the street and the sidewalk) less than ten feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by subsurface irrigation or by other technology that creates no overspray or runoff.

6.    Irrigation systems shall comply with all of the following:

a.    Automatic irrigation controllers are required and shall use evapotranspiration or soil moisture sensor data and a rain sensor.

b.    Irrigation controllers shall be of a type that does not lose programming data in the event the primary power source is interrupted.

c.    Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturer’s recommended pressure range.

d.    Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.

e.    All irrigation emission devices shall meet the requirements set in the American National Standards Institute standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape shall document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

f.    Areas less than ten feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

7.    For nonresidential projects with landscape areas of one thousand square feet or more, a private submeter(s) to measure landscape water use shall be installed.

8.    At the time of final inspection, the applicant shall provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule, and a schedule of landscape and irrigation maintenance. (Ord. 2020-002 § 18 (part), 2020)

A.    A licensed landscape architect or contractor, certified irrigation designer, or other licensed or certified professional in a related field shall conduct a final field observation for all landscape projects subject to this chapter and shall provide a certificate of substantial completion to the city prior to issuance of a certificate of occupancy. A certificate of completion, consistent with the form contained in Appendix C of the Model Water Efficient Landscape Ordinance, shall be submitted to the zoning administrator upon completion of the installation. The certificate shall specifically indicate that plants were installed as specified and that the irrigation system was installed as designed, along with a list of any observed deficiencies. The certificate of completion shall include the following six elements:

1.    Project information sheet that contains:

a.    Date;

b.    Project name;

c.    Project applicant name, telephone, and mailing address;

d.    Project address and location; and

e.    Property owner name, telephone, and mailing address;

2.    A landscape installation certification of completion that includes certification by a landscape professional that the project was installed per the approved landscape documentation package. Where there have been significant changes made in the field during construction, “as-built” or record drawings shall be included with the certificate;

3.    Irrigation scheduling parameters used to set the controller;

4.    Landscape and irrigation maintenance schedule;

5.    Irrigation Audit Report. After completion of the installation, a landscape irrigation audit, prepared consistent with Section 17.48.100, shall be conducted by a city landscape irrigation auditor or a third-party certified landscape irrigation auditor; and

6.    Soil management report, if not submitted with the landscape documentation package, and documentation verifying implementation of soil report recommendations.

B.    The project applicant shall submit the signed certificate of completion to the zoning administrator for review, and ensure that copies of the approved certificate of completion are submitted to the local water purveyor and to the property owner or his or her designee.

C.    The zoning administrator shall approve or deny the certificate of completion within fourteen days of receipt. If the certificate of completion is denied, the zoning administrator shall provide information to the project applicant regarding deficiencies noted and appeal procedures. (Ord. 2020-002 § 18 (part), 2020)

For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

A.    Irrigation scheduling shall be regulated by automatic irrigation controllers.

B.    Overhead irrigation shall be scheduled between eight p.m. and ten a.m. unless weather conditions prevent it. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance or if required by the water purveyor.

C.    Attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that the applied water meets the estimated total water use (ETWU). Total annual applied water shall be less than or equal to the maximum applied water allowance (MAWA).

D.    Parameters used to set the automatic irrigation controller shall be developed and submitted with the certificate of completion for each of the following:

1.    The plant establishment period;

2.    The established landscape; and

3.    Temporarily irrigated areas.

E.    A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller. (Ord. 2020-002 § 18 (part), 2020)

A.    Landscape and Irrigation Maintenance.

1.    A regular maintenance schedule shall be submitted with the certificate of completion. This schedule shall address routine inspections; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost; replenishing mulch; fertilizing; pruning; weeding in all landscape areas; and removing obstructions to emission devices.

2.    Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

B.    Maintenance Agreement. A landscape maintenance agreement shall be executed between the city and the applicant and duly recorded with the office of the county recorder, prior to issuance of a certificate of occupancy or operation of business. The agreement shall include provisions for the continued maintenance of the landscaping and shall include provisions for the city to administer such maintenance if necessary. Cost of city maintenance shall be charged to the applicant.

C.    Replanting. Ongoing replanting and replacement of dead, diseased or dieback planting is required.

D.    Irrigation Audit Report.

1.    The landscape irrigation audit shall be conducted by a city landscape irrigation auditor or a third-party certified landscape irrigation auditor and submitted with the certificate of completion.

2.    Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

3.    In large projects or projects with multiple landscape installations, an auditing rate of one in seven lots or approximately fifteen percent will satisfy this requirement.

4.    The irrigation audit report shall include inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure, and any other factors necessary for accurate programming. (Ord. 2020-002 § 18 (part), 2020)

All model homes that are landscaped shall incorporate signs and written information to demonstrate the principles of water-efficient landscapes described in this chapter.

A.    Signs shall be used to identify the model home as an example of water-efficient landscaping, featuring elements such as hydrozones, irrigation equipment, and other elements that contribute to the overall water-efficient theme. Signage shall include information about the site water use as designed per this chapter; specify who designed and installed the water-efficient landscape; and demonstrate low water use approaches to landscaping, such as using native plants, graywater systems, and rainwater catchment systems.

B.    Information shall be provided about designing, installing, managing, and maintaining water-efficient landscapes. (Ord. 2020-002 § 18 (part), 2020)

A.    Applicability. This section applies to:

1.    Commercial or industrial properties with an approved landscape plan.

2.    Residential properties removing native trees at least six inches in diameter measured three feet above natural grade.

B.    Exemptions. The following trees are exempt from the regulations of this section:

1.    Trees that are prohibited on the city’s plant list (these may be removed regardless of size).

2.    Trees that are unsafe, in poor health, structurally distressed, or dead.

3.    Trees where the primary trunk is partially located in the right-of-way or on an adjoining site that is not part of the land division site.

4.    Trees that are less than six inches in diameter.

C.    Tree Evaluation. Prior to approval of any new residential or commercial development, the applicant is required to retain a certified arborist to evaluate protected tree resources on a project site and to identify trees that will be retained and appropriate tree protection measures. The arborist is required to prepare the following analyses:

1.    Reasons for removal.

2.    Landscape plan indicating size, quantity, species, and location of the trees to be removed and replaced.

3.    The condition of the tree with respect to disease, general health, damage, and structural integrity.

4.    The number of existing trees on the subject property, on adjacent property, and immediately proximate to the subject tree(s) and the effect of the tree removal upon public health, safety, prosperity of surrounding trees, visual impact, and general welfare of the area.

5.    Age of tree, specifically with regard to whether or not removal of the tree would encourage healthier, more vigorous growth of other trees in the area.

6.    The number of healthy trees that a given parcel of land will support, with and without the proposed development.

7.    The effect of tree removal on soil stability/erosion, particularly near watercourses or drainage ditches, or on steep slopes, or the effect on runoff interception.

8.    The potential for the tree to be a public nuisance or interfere with utility service, as well as its proximity to existing buildings and structures.

9.    Identification of alternatives that would allow for the preservation of the tree(s) proposed for removal.

10.    Any other information the arborist finds pertinent (e.g., site conditions, other vegetation).

D.    Protection. Trees identified in the tree evaluation shall be protected on site for the life of the project or until deemed exempt per the list of exemptions identified in subsection B of this section.

E.    Removal or Relocation. Removal or relocation of any trees (other than those in the public right-of-way or on public facilities) identified in the tree evaluation for protection requires approval and/or replanting as follows:

1.    For the removal of three or fewer trees, the zoning administrator’s approval is required.

2.    For the removal of four or more trees, a minor design review before the planning commission is required.

3.    See Table 17.48-B for replacement requirements.

F.    Replacement Trees. Replacement trees shall be required for trees removed with or without zoning administrator approval. Trees removed or severely and improperly trimmed shall be replaced according to Table 17.48-B, Tree Replacement Schedule.

(Ord. 2020-002 § 18 (part), 2020)

A.    Pesticide Application. Only licensed applicators shall apply pesticides on landscaped areas other than for single-family homes.

B.    Quantities of Chemicals. Quantities of pesticides, herbicides, and fertilizers used in the maintenance and establishment of all landscaped areas shall be minimized.

C.    Stormwater Drainage. Pesticides, herbicides, and fertilizers shall not be applied during wet weather or in areas where they can wash into the creeks and storm drain system.

D.    Alternatives. Nontoxic, environmentally friendly alternatives to pesticides, herbicides, and fertilizers shall be used where feasible. Integrated pest management practices are encouraged.

E.    Stormwater C.3 Guidebook for development applications has been modified for the city of San Pablo per the master landscape plan. (Ord. 2020-002 § 18 (part), 2020)

A.    Applicability. New development shall consider the provisions of this section as well as complying with those set forward in Chapter 8.40, Stormwater Management and Discharge Control.

B.    Sustainable Stormwater Strategies. Best management practices shall be employed to allow rainwater to soak into the ground, evaporate into the air, or collect in storage receptacles for irrigation or other beneficial uses. Sustainable stormwater management strategies include but are not limited to:

1.    Bioretention facilities such as rain gardens to collect and filter water as it soaks into the ground.

2.    Integrated or subsurface water detention facilities, such as cisterns and rain barrels, to capture and store rainwater for use in landscape irrigation and other nonpotable uses.

3.    Biofiltration facilities such as vegetative swales and green roofs to allow water to soak in while slowly flowing. Green roofs must meet the structural requirements of the building code.

4.    Roof leader disconnection.

5.    Permeable and porous paving for parking areas and driveways, where feasible.

6.    Canopy trees, tree preservation, or shrubs beyond the requirements of Section 17.48.120, Tree protection, and Section 17.48.050, Landscape plan and standards, to absorb rainwater.

7.    Grading that lengthens flow paths and increases runoff travel time to reduce the peak-hour flow rate.

8.    Removing curbs and gutters from parking areas where appropriate to allow stormwater to flow into vegetated areas.

C.    Implementation. If applicable, sustainable stormwater management projects shall be coordinated with the local Regional Water Quality Control Board, which may issue a permit or otherwise require sustainable stormwater management strategies. (Ord. 2020-002 § 18 (part), 2020)

This section references landscape design guidelines that are found in other sections of this title. Compliance with these design guidelines is not a mandatory requirement of the zoning ordinance. The guidelines may, however, be imposed as conditions of approval, provided the approval process allows for conditions to be imposed.

A.    Residential Design Guidelines. City-adopted guidelines provide guidance for multiple-family site planning and landscaping.

B.    Commercial Design Guidelines. City-adopted guidelines provide guidance for trees and parking and for walls and fences.

C.    Industrial Design Guidelines. City-adopted guidelines provide guidance for landscaping and screening. (Ord. 2020-002 § 18 (part), 2020)

Noise regulations are established to protect public health and welfare by eliminating noise problems and maintaining an acceptable indoor and outdoor acoustic environment. Regulations herein are intended to implement the standards and policies of the general plan noise element. Clear noise standards protect the quality of life and insulate residents from excessive noise levels. Excessive noise levels means a noise which affects human activities by its potential to contribute to annoyance in a person of normal sensitivity including any loud, unnecessary or unusual noise which causes discomfort or annoyance to any reasonable person. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Any decibel measurement made pursuant to the provisions of this section shall be based on a reference sound pressure of twenty micropascals as measured with a sound level meter using the A-weighted network (scale) (dBA) at slow response. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

It shall be unlawful for any person at any location within the city to create any noise or allow the creation of any noise on the property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on the property line of any other property to exceed the basic noise level as adjusted below:

A.    Basic noise level for a cumulative period of not more than fifteen minutes in any one hour; or

B.    Basic noise level plus five dBA for a cumulative period of not more than ten minutes in any one hour; or

C.    Basic noise level plus fourteen dBA for a cumulative period of not more than five minutes in any one hour; or

D.    Basic noise level plus fifteen dBA at any time.

If the measurement location is a boundary between two different noise zones, the lower noise level standard shall apply.

If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the noise is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement’s location, designated land use, and for the time of day the noise level is measured. The reasonableness of temporarily discontinuing the noise generation by an intruding noise source shall be determined by the planning director for the purpose of establishing the existing ambient noise level at the measurement location. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The following activities shall be exempted from the provisions of this chapter:

A.    City- or school-approved activities conducted on public parks, public playgrounds, and public or private school grounds including, but not limited to, athletic and school entertainment events between the hours of seven a.m. and ten p.m.

1.    For city-approved activities at the Rumrill Sports Park, hours may be extended to twelve a.m. with the following requirements:

a.    Field 3 and the practice field shall be closed at ten p.m., Sunday through Thursday, and closed at eleven p.m., Friday and Saturday.

B.    Occasional outdoor gatherings, dances, shows, and sporting and entertainment events, provided said events are conducted pursuant to the approval of a temporary use permit issued by the city.

C.    Any mechanical device, apparatus, or equipment used, related to, or connected with emergency machinery, vehicle, work, or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within thirty minutes in any hour of its being activated.

1.    Noise sources associated with, or vibration created by, construction, repair, remodeling, or grading of any real property or during authorized seismic surveys, provided:

2.    When adjacent to a residential land use, school, church or similar type of use, the noise-generating activity does not take place between the hours of eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday, and provided noise levels created do not exceed the noise standard of sixty-five dBA when measured at the adjacent property line.

3.    When adjacent to a commercial or industrial use, the noise-generating activity does not take place between the hours of ten p.m. and six a.m. on weekdays, including Saturday and Sunday, and provided noise levels created do not exceed the noise standard of seventy dBA when measured at the adjacent property line.

D.    Noise sources associated with the maintenance of real property, provided said activities take place between the hours of seven a.m. and eight p.m. on any day.

E.    Any activity to the extent regulation thereof has been preempted by state or federal law. (Ord. 2016-003 § 1, 2016; Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Table 17.50-A—Residential Noise Limits includes the maximum noise limits in residential zones. These are the noise limits when measured at the adjacent residential property line (exterior) or within a neighboring home (interior).

Notes:

It shall be unlawful for any person at any location within the city to create any noise or to allow the creation of any noise which causes the noise level when measured within any other fully enclosed (windows and doors shut) residential dwelling unit to exceed the interior noise standard in the manner described herein.

If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, each of the noise limits above shall be reduced five dBA for noise consisting of impulse or simple tone noise.

Noise. Any proposed new housing exposed to day-night sound level (DNL) noise levels above sixty-five dB are subject to the general plan standards for noise reduction (Chapter 9, Policy SN-I-40), which include acoustical design requirements that achieve the prescribed noise level reduction. Applicants must provide the necessary noise level reduction prepared by a board-certified acoustical engineer for each unit.

B.    Other Residential Noise Limitations.

1.    Peddlers—Use of Loud Noise, Etc., to Advertise Goods, Etc. No peddler or mobile vendor or any person on their behalf shall shout, cry out, or use any device or instrument to make sounds for the purpose of advertising in such a manner as to create a noise disturbance.

2.    Animal Noises. No person owning or having the charge, care, custody, or control of any dog or other animal or fowl shall allow or permit the same to habitually howl, bark, yelp, crow or make other noises in such a manner as to create a noise disturbance.

3.    Radios, Television Sets, Musical Instruments, and Similar Devices. No person shall operate or permit the operation or playing of any device which reproduces, produces, or amplifies sound, such as a radio, musical instrument, phonograph, or sound amplifier, in such a manner as to create a noise disturbance:

a.    Across any real property boundary or within Noise Zone I, between the hours of ten p.m. and seven a.m. on the following day (except for activities for which a temporary use permit has been issued).

b.    At fifty feet from any such device, if operated on or over any public right-of-way. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    All commercial and office business operations shall be conducted to comply with the standards listed below. Proposed commercial and office uses with potential noise- and vibration-producing activities are required to submit a noise study report identifying noise and vibration mitigation measures that would reduce the adjacent noise level to acceptable ranges.

1.    All commercial and office activities shall not create any noise that would exceed an exterior noise level of sixty-five dBA during the hours of ten p.m. to seven a.m. and seventy dBA during the hours of seven a.m. to ten p.m. when measured at the adjacent property line.

2.    Loading and Unloading. No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. in a manner which would cause a noise disturbance to a residential area.

3.    Vehicle Repairs and Testing. No person shall cause or permit the repairing, rebuilding, modifying, or testing of any motor vehicle, motorcycle, or motorboat in such a manner as to increase a noise disturbance between the hours of ten p.m. and seven a.m. adjacent to a residential area. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    All industrial business operations shall be conducted to comply with the standards listed below. Proposed industrial uses with potential noise- and vibration-producing activities are required to submit a noise study report identifying noise and vibration mitigation measures that would reduce the adjacent noise level to acceptable ranges.

1.    All industrial activities shall not create any noise that would exceed an exterior noise level of sixty-five dBA during the hours of ten p.m. to seven a.m. and seventy dBA during the hours of seven a.m. to ten p.m. when measured at the adjacent property line.

2.    Loading and Unloading. No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. in a manner which would cause a noise disturbance to a residential area.

3.    Vehicle Repairs and Testing. No person shall cause or permit the repairing, rebuilding, modifying, or testing of any motor vehicle, motorcycle, or motorboat in such a manner as to increase a noise disturbance between the hours of ten p.m. and seven a.m. adjacent to a residential area. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to regulate permanent outdoor sales and display, outdoor storage, and outdoor seating uses. The intent of these regulations is to encourage outdoor displays and activities that are compatible with associated and nearby uses and do not obstruct pedestrian or vehicle circulation or create an unsightly appearance of unrestricted clutter. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Limited Outdoor Sales. All indoor uses shall be conducted within a completely enclosed structure. Any outdoor display and sales not specifically allowed by the use class or any other provision of this title shall be conducted only if approved by the zoning administrator pursuant to Section 17.18.080, Administrative use permit, with the exception of display and sales subject to the provisions of subsection C of this section.

B.    Outdoor Nursery and Building Improvement Sales. All outdoor nursery and building improvement sales shall require a use permit and are limited to the maximum area requirements.

C.    Sales and Display in Front of Buildings. Merchandise, such as sale items, shall not be displayed outside in the front of a building unless an administrative use permit has been granted pursuant to Section 17.18.080, Administrative use permit. The display shall not take place on private or public sidewalks.

D.    Sales from Trucks. Selling merchandise directly from a truck is prohibited except from mobile vending truck approved pursuant to Section 17.62.140, Mobile vending, or from a truck within the area included within an approved farmers market.

E.    Maximum Area.

1.    The area used for permanent outdoor display and sales of materials shall not exceed ten percent of the gross floor area of the corresponding commercial building (unless authorized by a use permit).

2.    The aggregate display area shall not exceed twenty-five percent of the linear frontage of the storefront or six linear feet, whichever is greater, and items may not project more than four feet from the storefront.

3.    Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other development requirements are satisfied.

F.    Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees) shall not exceed a height of six feet above finished grade, unless a greater height is allowed through use permit approval.

G.    Public Safety. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance.

H.    Dust. All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent the raising of dust.

I.    Signs. All signs and structures shall conform to applicable city codes. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Location and Placement. Outdoor vending machines may be operated only in the city’s non-residential zones consistent with all of the provisions in this section.

1.    All outdoor vending machines must be ancillary to an approved primary use and may not be located on an unimproved lot.

2.    All outdoor vending machines must be positioned against a building wall and not located in front of windows. This subsection shall not apply to outdoor water vending machines.

3.    The outdoor vending machine shall not be located within five feet of any public entrance to a building.

4.    The outdoor vending machine may not be located such that the machine or user thereof is within a public right-of-way, required landscape area, parking lot or drive aisle.

5.    When an outdoor vending machine is situated within the primary ingress to and egress from the lot, a minimum walkway width of six feet shall be required in front of the outdoor vending machine. The building official shall determine whether the ingress to and egress from the lot is primary to the lot. In all other situations, a minimum walkway width of four feet is required in front of the outdoor vending machine.

6.    All outdoor vending machines shall only be located on a building elevation that contains a primary entrance.

7.    Reverse vending machines and kiosks for mobile phones and tablets are prohibited, whether inside or outside a business, to the extent such prohibition is not preempted by the state’s secondhand dealer laws.

B.    Maximum Number. Each nonresidential business or entity is allowed up to a maximum of three outdoor vending machines based on the length of their primary building frontage as outlined in Table 17.52-A—Maximum Number of Outdoor Vending Machines. Additional vending is allowed if the content is a healthy snack fresh fruit or vegetables, low fat, organic, whole grain or juices.

C.    Maintenance and Operation. Outdoor vending machines shall comply with all of the following maintenance and operational standards:

1.    Outdoor vending machines shall not exceed eighty inches in height and thirty-six inches in depth and forty-two inches in width.

2.    Outdoor vending machine sign panels shall be limited to the products sold within the outdoor vending machine. No additional signs or advertising can be attached to or placed on top or side of any outdoor vending machine.

3.    Exterior conduit, piping or wiring must not be visible when standing directly in front of the outdoor vending machine.

4.    No visible security cages are permitted on the outside of an outdoor vending machine.

5.    All outdoor vending machines shall be maintained in a clean and attractive condition.

6.    Any graffiti on an outdoor vending machine shall be removed within twenty-four hours. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Applicability. The provisions of this section shall apply to outdoor storage of material, including but not limited to vehicles of any kind, boats, trailers, machinery, and other equipment or material, or the component parts of such vehicles, boats, trailers, machinery, equipment, or material, where such storage would otherwise be visible from a residential district or public right-of-way. It does not apply, however, to uses classified as automotive, new car sales; automotive, used car sales; and boat and RV sales; provided such outdoor storage is solely for the purpose of displaying vehicles that are immediately available for sale, lease, or rent. It also does not apply to uses classified as automotive, parking; provided the vehicles are legally parked and are not parked overnight.

B.    Screening. The storage area shall be surrounded on all sides by a substantial solid and opaque fence or wall six feet in height, unless a higher fence is required or approved by the planning commission. The wall or fence shall be kept in a clean, neat, and painted condition, free of graffiti. The design and the materials used for the fence or wall shall comply with the provision of Section 17.45.080, Screening, unless provided otherwise in this chapter. City-adopted commercial design guidelines and industrial design guidelines apply, which discuss screening of outdoor storage.

C.    Location. Outdoor storage shall be confined to the rear of the main structure(s) or the rear two-thirds of the site, whichever is the more restrictive.

D.    Gates. All gates for access to the premises shall swing inwardly or slide sideways. The gates shall be kept closed when not in use, except that the gate may be kept open during business hours if the interior or contents of the storage yard cannot be seen from residential areas or public streets.

E.    Surface Conditions. The storage area shall be properly graded, and a layer of gravel at least one inch thick or a layer of approved asphaltic material or similar substance shall be placed over the entire surface.

F.    Maintenance. The storage area shall be kept free and clear of weeds and debris of all kinds, both inside and outside the fence or wall.

G.    Stacking. No items may be stacked upon other items if the effect of such stacking is that the height of the stacked items is in excess of the height of the enclosing fence or wall.

H.    Location of Items. No items shall be stored closer than two horizontal feet from an enclosing fence or wall. If the storage area is adjacent to a residential property or zoning district, no items shall be stored closer than ten feet from the property line.

I.    Operational Vehicles. All vehicles shall be parked or stored in an orderly manner.

J.    Inoperative Motor Vehicles. Inoperative motor vehicles, recreational vehicles, and personal utility trailers, or parts of any of the foregoing, are expressly prohibited from placement, parking, storage, maintenance, and/or repair within any residential front, side, or rear yard.

K.    Building materials are expressly prohibited from placement or storage within any residential yard, except building materials for use on the premises and placed or stored thereon during the time a valid construction project is under way or a valid building permit is in effect for the premises.

L.    Liquids. All gasoline, oil, or other liquids shall be drained and removed from any unregistered vehicle located in the storage area.

M.    Salvage Yard. No storage shall take place in such a fashion that it constitutes a junkyard, as defined in Division VI, Glossary, unless a salvage yard has been approved as a use on the parcel.

N.    Vacant Parcels. No storage shall occur on any vacant parcel.

O.    Temporary Storage of Building Materials. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

P.    Hazardous Materials. No hazardous materials may be stored in a location exposed to rain. Hazardous materials storage shall comply with all applicable laws and regulations. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The following development standards shall apply to all permanent outdoor seating in commercial districts:

A.    Applicability. Outdoor seating is permitted in all zones, by right, on private property in compliance with this chapter. Seating may also be permitted on the public sidewalk and other public rights-of-way with approval of an encroachment permit from the public works department.

B.    Permittee to Ensure Maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area affected by the outdoor seating, including any design requirements hereafter enacted, from the building frontage to the curb.

C.    Permittee to Ensure Compliance. The permittee shall restrict the outdoor seating to the approved location and ensure compliance with all applicable laws, including laws against blocking the public right-of-way or blocking Americans with Disabilities Act-accessible paths, health and safety laws, public cleanliness laws, and laws regulating the sale and public consumption of alcohol.

D.    Landscaping. Outdoor seating areas (restaurants) shall have landscaping in the form of potted plants. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to prescribe minimum standards for parking and loading to ensure the attractiveness of residential areas and the adequacy of parking and loading for nonresidential uses. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Residential off-street parking requirements for automobiles and similar vehicles shall be regulated by the type of use associated with the land. The following off-street parking requirements shall apply in all zoning districts:

A.    Caretaker Residence. Two spaces are required for a caretaker residence. The spaces shall be covered.

B.    Day Care, Large Family. No additional parking spaces are required for a large family day care beyond the number of spaces required for the principal use dwelling unit, in accordance with this section and with California Health and Safety Code Section 1597.45.

C.    Day Care, Small Family. No additional parking spaces are required for a small family day care beyond the number of spaces required for the principal use dwelling unit, in accordance with this section and with California Health and Safety Code Section 1597.45.

D.    Dwellings, Multiple-Family. Two covered spaces are required for each dwelling unit in a multiple-family dwelling. Both spaces shall be garage spaces, or one space may be a garage space and one space a carport space. Spaces for an individual unit may be in tandem, subject to approval of an administrative use permit.

E.    Dwellings, Single-Family. The following provisions apply to attached and detached single-family dwellings:

1.    For single-family dwellings located on a lot with a width of at least fifty feet, two enclosed parking spaces are required. If the spaces are located on the front half of the property, they must be enclosed in a garage with doors. If located on the rear half of the property, the spaces may be either in a garage or a carport. In either case, tandem spaces may be permitted subject to administrative review, and only if the driveway area in front of the garage or carport is at least eighteen feet long. Carports are not allowed in the front half of the property.

2.    For single-family dwellings located on a lot with a width of less than fifty feet, two enclosed parking spaces are required. Alternatively, subject to administrative use permit, one space in a garage located in the front half of the lot and one uncovered space in the driveway for tandem parking may be provided if the driveway area is at least eighteen feet long. Carports are not allowed in the front half of the property.

3.    Each driveway shall lead to a covered parking space.

4.    Paved or unpaved driveways not leading to a required parking space are prohibited. In no case shall driveways or paved areas exceed fifty percent of the front and side street yards.

5.    Only one driveway per parcel shall be allowed, except that a second driveway may be allowed on a corner lot to serve a secondary unit, subject to approval by the zoning administrator.

6.    Carports. Only permanent structures are allowed. Carports are allowed on the rear half of lot and must meet setbacks.

F.    Dwellings, Two-Family (Duplexes). Two spaces per unit are required for two-family dwellings. If the spaces are located in the front half of the property, the required spaces must be garage spaces with garage doors. If located on the rear half of the property, the spaces may be either garage spaces or carport spaces. The parking spaces for each unit may be in tandem, subject to an administrative approval, and provided the driveway area is at least eighteen feet long. Carports are not allowed in the front half of the property.

G.    Transitional or Supportive Housing. One-half parking space per unit, or based upon a site-specific parking and neighborhood analysis if less than this ratio is proposed. For supportive housing, no off-street parking is required where located within one-half mile of a public transit stop. Provided parking may be uncovered and shall use the multiple-family site planning criteria for parking lots in Appendix A of this title.

H.    Mobile Home Parks. One space is required for each mobile home. The space shall be adjacent to the mobile home.

I.    Residential Care Facilities. Two covered spaces plus one space, covered or uncovered, for each employee are required for a residential care facility.

J.    Accessory Dwelling Units. Off-street parking requirements for accessory dwelling units are set forth in Section 17.60.070. (Ord. 2023-002 § 2, 2023; Ord. 2020-011 § 7, 2020; Ord. 2020-002 § 19, 2020: Ord. 2017-002 §§ 7, 8, 2017; Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

Nonresidential off-street parking requirements for vehicles shall be regulated by the type of use (use class) associated with the land. Table 17.54-A stipulates the number of parking spaces for each nonresidential use, regardless of the zoning district in which the use is located.

(Ord. 2020-002 § 20, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Mixed Uses. When two or more uses are located on the same lot or parcel or within the same building, the number of off-street parking spaces required shall be the sum of the total of the requirements of the various individual uses computed separately, except as otherwise provided in Section 17.54.050, Parking waivers and reductions.

B.    Cooperative Facilities. Required off-street parking spaces for separate uses may be provided through the cooperative establishment and operation of a common parking facility, subject to the following provisions:

1.    The total number of spaces so provided shall not be less than the sum of the individual requirements, except as otherwise provided in subsection C of this section.

2.    The facility shall conform to all other sections of these standards.

3.    An attached copy of a contract between the parties and their heirs, successors, lessees, or designees concerned, setting forth the agreement regarding such joint use, shall be filed with the application.

C.    Shared Parking. In cases where operators of uses wish to cooperatively establish and operate parking facilities, and certain uses generate parking demands primarily during hours when the remaining uses are not in operation or have a low demand, a reduction in the total number of spaces may be granted, subject to the following provisions:

1.    A request for shared parking shall be accompanied by a parking study prepared by a qualified parking or transportation expert.

2.    An attached copy of a contract between the parties and their heirs, successors, lessees, or designees concerned, setting forth the agreement regarding such joint use, shall be filed with the application and recorded with the county recorder’s office.

D.    Rules of Calculation. The following rules pertain to calculating the parking space requirements set forth in this chapter:

1.    When a number of spaces per employee is stipulated, that number shall be based on the maximum number of employees working on the premises at any given time during a normal work schedule.

2.    Unless otherwise specified, when a number of spaces per square feet is stipulated, that measurement shall be of the gross floor area of each building devoted to such use, less the interior space used for parking, loading, heating and air-conditioning equipment, stairs and elevators, mechanical and electrical equipment, and communications equipment.

3.    When the parking space requirement results in a fraction of a space, the next higher whole number of spaces shall be provided.

E.    Prohibited Parking. The parking of any ambulance, tow truck, vehicle for hire, or commercial vehicle having a manufacturer’s gross vehicle weight rating of ten thousand pounds or more on any lot or street in any residential district shall be considered a commercial use and is prohibited except for deliveries and pickups as provided in Title 10, Vehicles and Traffic. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The zoning administrator may waive or reduce certain parking requirements as follows:

A.    Parking District Waiver. Minimum off-street parking requirements may be waived for properties that have access to public parking facilities. The waiver may be granted by the zoning administrator. See Section 17.18.090, Minor design review.

B.    On-Street Parking. On-street parking adjacent to the subject property may be counted toward the parking requirement.

C.    Senior Housing. For multiple-family dwellings designed and used for senior housing, the number of parking spaces may be reduced based upon factors such as: ongoing bus-resident services, and expectation of resident driving. The project applicant shall submit a report, prepared by a qualified transportation planning or engineering professional, which demonstrates the rationale and includes data that supports the request for reduced on-site parking. Information in this report shall demonstrate how the project sponsor will ensure the reduced parking will be managed for the life of the project. If this information cannot be demonstrated, one-half parking space per unit shall be required. The parking shall be covered in a carport or garage, and shall use the multiple-family site planning criteria for parking lots contained in Appendix A of the San Pablo Municipal Code.

D.    Accessory Dwelling Units. See Section 17.60.070 for parking and other requirements.

E.    Credit for Nonexclusive Use by General Public. Parking lots or garages that are available for nonexclusive public use may be considered for a ten percent reduction in minimum parking requirements.

F.    Proximity to Transit. For buildings located within one-quarter mile of a transit stop, the number of parking spaces may be reduced by ten percent.

G.    If a bicycle rack is provided, one parking space may be waived.

H.    Parking in Mixed-Use Projects. In mixed-use projects with residential, office, and/or commercial components, it is assumed that some parking spaces will be shared due to the difference in peak parking demand.

1.    Calculation of the minimum vehicular parking for the portion of the building occupied by the primary use is based on one hundred percent of the floor area.

2.    Calculation of the minimum vehicular parking for the portion of the building occupied by secondary or subsequent uses may be calculated at eighty percent of the floor area.

I.    Additional Parking Reductions. The city may consider additional reductions to parking standards subject to the issuance of a use permit, as follows:

1.    The application shall be accompanied by a parking study prepared by a qualified parking or transportation expert.

2.    The application can include an agreement for shared off-site parking. (Ord. 2020-002 § 21, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Parking Locations. All off-street parking facilities shall be located on the same lot as the use that they serve unless approved off-site parking is approved as set forth in subsection B of this section.

B.    Off-Site Parking. Off-site parking for nonresidential uses may be allowed if the planning commission finds that the parking will be reasonably convenient and accessible to the buildings or use to be served and the parking complies with the following provisions:

1.    Off-site parking shall not be located more than three hundred feet from the building or use to be served, unless provided otherwise in an adopted master or specific plan.

2.    The land on which the off-site parking spaces are located shall be in the same possession as the lot containing the building or uses that the parking spaces serve, and the following provisions shall apply:

a.    Such possession may be by deed, long-term lease, or easement; the term of such lease or easement shall be determined by the planning commission.

b.    Legal documents acceptable to the city attorney shall be filed with the application and shall be recorded prior to commencement of construction.

C.    Location on Parcel. Off-street parking spaces for nonresidential uses are encouraged in the rear of the building. They may be located at the side or front of a building, subject to a use permit.

D.    Prohibited in Setback Areas. The off-street parking spaces required by this chapter shall not be located within any side or front setback area except as specifically allowed by other provisions of this title. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Full-Sized Car. The minimum size of a parking space for a full-sized car shall be nine feet wide and eighteen feet deep.

B.    Compact Car. The minimum size of a parking space for a compact car shall be eight and one-half feet wide and seventeen feet deep. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Compact Parking Spaces. Compact parking spaces shall not exceed twenty percent of the total parking paces provided.

B.    Compact Spaces Designated. Each compact space shall be individually designated as a compact space.

C.    Reduction in Space Depth. The minimum depth of parking spaces set forth in Section 17.54.080, Parking dimensions, may be reduced by one and one-half feet, to sixteen and one-half feet for a full-sized space and to fifteen and one-half feet for a compact space, if the front end of the parking space abuts a landscaped area that is a minimum of four feet wide. This landscaped area shall be enclosed with a minimum six-inch-high concrete curb.

D.    Aisle Width. The aisle width required shall be determined by Table 17.54-B.

E.    Wheel Stops. Wheel stops shall be provided for all parking spaces that face landscaped areas or pedestrian walks in order to protect the landscaping and irrigation systems from damage from the front part of the car and to allow adequate space for pedestrian movement.

F.    Interior Landscaping. See Chapter 17.48, Landscaping. (Ord. 2020-002 § 22, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Number of Spaces. In any parking facility serving the public, accessible parking spaces shall be provided in accordance with Table 17.54-C. One of every eight required accessible spaces shall be a van-accessible space with a minimum of one van-accessible space per parking facility.

B.    Accessible Spaces. Accessible parking spaces shall comply with the following provisions:

1.    Accessible parking spaces shall have minimum dimensions as set forth in Section 17.54.080, Parking dimensions, for a full-sized car.

2.    Accessible spaces shall be provided with an adjacent access aisle. Access aisles shall be a minimum of sixty inches in width. Van-accessible aisles shall be a minimum of ninety-six inches in width. Access aisles shall be located on the passenger side of each space unless the aisle is located between and is shared by two designated spaces.

3.    Accessible parking spaces and access aisles shall be level.

4.    Accessible spaces shall be located as near as possible to accessible building or site entrances and shall be located to provide convenient access to curb ramps.

5.    Each reserved accessible parking space shall be designated with a stall sign displaying the International Symbol of Accessibility, as illustrated in Figure 17.54-A. Each stall sign shall be at least seventy square inches in size. Spaces that are van-accessible shall be designated as “Van Accessible.”

6.    Each reserved accessible parking space shall meet one of the following stall-marking requirements:

a.    Each accessible parking space shall be painted solid blue with a white International Symbol of Accessibility.

b.    Each accessible parking space shall be outlined in blue with a three-foot-square International Symbol of Accessibility painted in a contrasting color.

Figure 17.54-A—International Symbol of Accessibility

7.    Each reserved accessible parking space shall be marked with a sign warning drivers of the possibility of towing due to unauthorized use and providing information for recovering towed vehicles. Warning signs shall have minimum dimensions of seventeen inches by twenty-two inches and shall be labeled with lettering at least one inch in height.

8.    A minimum of ninety-eight vertical inches of clearance shall be provided for van-accessible spaces and the entire route from parking area ingress and egress points to the parking space.

9.    A minimum vehicle overhang allowance of twenty-four inches shall be provided between access routes and accessible parking spaces. Access routes shall, at all times, provide users with a minimum width of thirty-six inches of throughway. (Ord. 2020-002 § 23, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Purpose and Applicability. All nonresidential uses are required to provide designated parking for low-emitting, fuel-efficient, and carpool/vanpool vehicles.

B.    Designated Parking. Designated parking shall be provided for any combination of low-emitting, fuel-efficient, and carpool/vanpool vehicles identified in Table 17.54-D—Clean Air Vehicle Parking Required.

C.    Parking Stall Marking. In the paint used for stall striping, the following characters shall be painted such that the lower edge of the last word aligns with the end of the stall striping and is visible beneath a parked vehicle:

CLEAN AIR VEHICLE

(Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Purpose and Applicability. The following requirements apply to electric vehicle parking facilities when provided. All charging facilities shall be approved through the plan check/zoning clearance process.

1.    Electric Vehicle Charging. When provided, electric vehicle charging stations shall meet the requirements of the California Electrical Code.

2.    Designated Spaces. Outdoor charging of electric vehicles shall only occur in designated electric vehicle spaces, according to the following:

a.    Electricity shall only be provided from outdoor electrical outlets installed according to the California Electrical Code.

b.    Electric cords shall not cross vehicular or pedestrian pathways.

c.    When installed in common parking areas (e.g., surface parking lots, garages), the spaces shall be restricted to electric vehicles charging only and identified with signage and pavement markings. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Applicability. Bicycle parking shall be provided for all new construction, additions of ten percent or more floor area to existing buildings, and changes in land use classification. Single-family homes, duplexes, and multifamily dwellings with fewer than four units are exempt.

B.    Short-Term Bicycle Parking. If a land use or project is anticipated to generate visitor traffic, the project must provide permanently anchored bicycle racks within fifty feet of the visitor’s entrance. To enhance security and visibility, the bicycle racks shall be readily visible to passersby. The bicycle capacity of the racks must equal an amount equivalent to five percent of all required motorized vehicle parking. There shall be a minimum of one rack with capacity for two bicycles.

C.    Long-Term Bicycle Parking. Buildings with more than ten tenant-occupants (e.g., multifamily tenants, owners, employees) shall provide secure bicycle parking for five percent of required motorized vehicle spaces, with a minimum of one space. Acceptable parking facilities shall be convenient from the street and include one or a combination of the following:

1.    Covered, lockable enclosures with permanently anchored racks for bicycles.

2.    Lockable bicycle rooms with permanently anchored racks.

3.    Lockable, permanently anchored bicycle lockers.

4.    In the case of residential development, a standard garage is sufficient, if available.

D.    Bicycle Lockers. Where required bicycle parking is provided in lockers, the lockers must be securely anchored.

E.    Bicycle Racks. Required bicycle parking may be provided in floor, wall, or ceiling racks. Where required bicycle parking is provided with racks, the racks must meet the following requirements:

1.    The bicycle frame and one wheel can be locked to the rack with a high-security U-shaped shackle lock if both wheels are left on the bicycle.

2.    A bicycle six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components.

3.    The rack must be securely anchored.

F.    Parking and Maneuvering Areas. Each required bicycle parking space must be accessible without moving another bicycle. There must be an aisle at least five feet wide adjacent to all required bicycle parking to allow room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way. The area devoted to bicycle parking must be hard surfaced.

G.    Visibility. If required bicycle parking is not visible from the street or main building entrance, a sign must be posted at the main building entrance indicating the location of the bicycle parking.

Figure 17.54-B: Bicycle Parking Dimensions

(Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Applicability. No building or part thereof having a floor area of ten thousand square feet or more, which is to be occupied by a use requiring the receipt or distribution by vehicles or trucks of material or merchandise, shall be constructed, erected, or moved within or onto any lot or parcel unless loading spaces as required by this section are provided on the same lot or parcel of land.

B.    Number of Spaces. At least one off-street loading space, plus one additional such loading space for each twenty thousand square feet of floor area, shall be provided. Such off-street loading spaces shall be maintained during the existence of the building or use they are required to serve.

C.    Dimensions of Spaces. Each off-street loading space required by this section shall be not less than twelve feet wide, thirty feet long, and fifteen feet high, exclusive of driveways for ingress and egress, and maneuvering areas.

Figure 17.54-C: Loading Area Dimensions

D.    Ingress and Egress. Each off-street loading space required by this section shall be provided with driveways for ingress and egress, and maneuvering space of the same type and meeting the same criteria required for off-street parking spaces.

E.    Location. No off-street loading space required by this section shall be closer than fifty feet to any lot or parcel of land in a residential district unless such off-street loading space is wholly within a completely enclosed building or unless enclosed on all sides by a wall not less than eight feet in height.

F.    Design Guidelines. See the city-adopted industrial design guidelines for potentially applicable site planning guidelines for loading in industrial development projects. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to regulate parking lot lighting to balance the safety and security needs for lighting with the city’s desire to preserve dark skies and to ensure that light trespass and glare have negligible impact on surrounding property (especially residential) and roadways. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The requirements of this chapter apply to all new development. Whenever a person is required to obtain a building permit, electrical permit, and/or approval of a planning entitlement, the applicant shall submit sufficient information for the approving authority to determine whether the proposed lighting will comply with the requirements of this chapter. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    The requirements listed below shall apply to new parking lot lighting.

B.    Nuisance Prevention. All outdoor lighting shall be designed, located, installed, directed downward or toward structures, fully shielded, and maintained in order to prevent glare, light trespass, and light pollution.

C.    Maintenance. Fixtures and lighting shall be maintained in good working order and in a manner that serves the original design intent.

1.    Burnt-out and broken light bulbs shall be replaced.

2.    Lighting fixtures shall remain free of graffiti and rust.

3.    Painted light fixtures shall be maintained to minimize chipping or peeling.

D.    Shielding. Except as otherwise exempt, all outdoor lighting shall be recessed and/or constructed with full downward shielding in order to reduce light and glare impacts on trespass to adjoining properties and public rights-of-way. Each fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the project site intended to be illuminated. See Figure 17.56-A: Shielding and Maximum Height of Parking Lot Light Fixtures.

E.    Maximum Height. The maximum height of parking lot light fixtures abutting residential development shall be fifteen feet. Otherwise, the maximum height for parking lot light structures shall be twenty feet. Height limit for parking lot light fixtures in industrial areas is twenty-five feet. Height shall be measured from the finish grade, inclusive of the pedestal, to the top of the fixture. See Figure 17.56-A: Shielding and Maximum Height of Parking Lot Light Fixtures.

Figure 17.56-A: Shielding and Maximum Height of Parking Lot Light Fixtures

F.    Level of Illumination. Outdoor lighting shall be designed to illuminate at the minimum level necessary for safety and security and to avoid the harsh contrasts in lighting levels between the project site and adjacent properties. Illumination requirements are provided in Table 17.56-A—Illumination Requirements.

(Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

The purpose of this chapter is to provide regulation for the location, design, and screening of refuse and recycling facilities and their enclosures. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Trash Receptacle. Every parcel with a multifamily, commercial, or industrial structure shall have a trash receptacle (i.e., dumpster) on the premises. The trash receptacle shall meet the requirements of the entity with the responsibility for solid waste collection and shall be of sufficient size to accommodate the trash generated.

B.    Recycling Facilities. In addition to a trash receptacle, every parcel with a multifamily structure and new commercial and industrial projects shall have an area set aside for recycling bins for paper, glass, and cans. The recycling area shall be adjacent to the trash receptacle and shall be a size at least equal to that occupied by the trash receptacle.

C.    Refuse Area. The combined area used for recycling and trash shall be known as the refuse area. The following provisions apply to this area:

1.    The refuse area shall be located away from streets and enclosed or screened by landscaping, fencing, or other architectural means.

2.    The refuse area shall be enclosed on at least three sides by a solid masonry wall or wood fence six feet in height. An administrative use permit may be obtained for enclosures up to eight feet high to ensure adequate operability and lack of visibility of refuse areas from the public right-of-way.

3.    The refuse area shall be enclosed on the fourth side or on any portion of the fourth side by a solid gate at least five feet in height. The gate shall be maintained in good working order and shall remain closed except when in use.

4.    The refuse area shall be covered with a rain canopy.

5.    The refuse area shall be included in the computation of the percentage of allowed building coverage required for the development.

6.    The enclosure and gate of the refuse area shall be designed to be architecturally compatible with nearby structures.

7.    The driveways and aisles serving the refuse area shall provide unobstructed access for collection vehicles and personnel.

8.    The refuse area shall be located such that the maneuvering of collection vehicles does not disrupt automobile movements.

9.    If a parcel includes a grease-generating structure, an area shall be set aside for grease collection.

10.    If yard waste service is available, every parcel shall have an area set aside for yard and food waste composting. (Ord. 2020-002 § 24, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

A.    Purpose. The recycling services—donation/collection boxes are unattended receptacles or containers and require special development standards to help ensure that they do not become a public nuisance.

B.    Applicability. Each use classified as a recycling services—donation/collection box in Section 17.70.060 is subject to the provisions of this section and requires an individual use permit. Each property owner who desires to locate such use on his or her property shall apply for or explicitly authorize an application for a use permit under this section.

C.    Development Standards. The following provisions apply:

1.    Boxes may only be used to collect donated clothing or other salvageable personal property, including but not limited to books, shoes, canned goods, and small household items.

2.    Receptacles/containers shall occupy less than fifty square feet, including both permanent and mobile structures.

D.    Findings. Notwithstanding anything to the contrary in this code, the planning commission shall approve a use permit for a donation/collection box where it makes all the following findings:

1.    The donation/collection box will be located only on a parcel wholly within a commercial, industrial, public or semi-public district; and

2.    The donation/collection box will be located on a parcel where a primary use is in existence (i.e., that the lot is not vacant, and there is an existing structure on the parcel with a currently operational business or other such use); and

3.    The donation/collection box will not be located within twenty feet of the public right-of-way or other public property; the precise location for the intended use is adequate in size and shape to accommodate said use and to allow for adequate foot traffic and access by the disabled; and the use will not impede adequate vehicular traffic and will allow for sufficient parking; and

4.    The donation/collection box is not located within one thousand feet of another donation or collection box. The distance set forth above shall be measured as a radius from the box that is located, or is to be located, to the corresponding donation/collection box without regard to intervening structures; and

5.    No more than one donation/collection box is located on a single parcel; and

6.    If the donation/collection box is owned and operated for charitable purposes by a nonprofit entity registered under Section 501(c)(3), evidence has been provided in the form of a determination letter from the IRS and a tax identification number that legitimizes the business as a nonprofit/charitable organization to the satisfaction of the city’s finance director; and

7.    The owner of the property has provided written permission for each such donation/collection box.

E.    Each use permit issued under this section is subject to the following conditions. The city may institute nonexclusive administrative fine proceedings, use permit revocation or modification proceedings, or any other available remedy upon notice of noncompliance with these conditions or of any public nuisance conditions which can be attributed to the presence of the donation/collection box upon the property.

1.    Litter and Graffiti. The donation/collection box, including all signs, accessories and structures, shall be maintained free of litter and graffiti at all times. The property owner and/or operator shall remove all trash, litter and debris within twenty feet of the box on a daily basis. Graffiti shall be removed within forty-eight hours of written notice from the city.

2.    Box identification Signage. Each donation/collection box shall be clearly identified with the following:

a.    The name of the entity or organization that is maintaining the box, a telephone number, addresses, and, if available, the Internet web address for such entity.

b.    A statement, in at least two-inch typeface, that either reads “this collection box is owned and operated by a for-profit organization” or “this collection box is owned and operated by a nonprofit organization.”

i.    If the collection box is owned by a nonprofit organization, the front of the collection box shall conspicuously display a statement describing the charitable cause that will benefit from the donations.

ii.    If the collection box is owned by a for-profit entity, the front of the collection box shall conspicuously display a statement that reads: “This donation is NOT tax deductible.”

c.    The contact information for the city of San Pablo’s police department and code enforcement division.

d.    If a nonprofit entity owning a donation/collection box loses its nonprofit status, the signage on the box shall be immediately corrected to accurately reflect its revised status.

3.    Other Box Signage. Other than the identification information listed above, no donation/collection box shall have signage on more than three sides of the box. Signage may be permanently painted, drawn, embedded or affixed with a film adhesive on the box. No box shall have any signage attached or affixed in any other manner. No signage shall be larger than one-half of the surface area of the side in which it is painted, drawn, embedded or affixed with a film adhesive.

4.    Security. Based on testimony or reports from the police department, the planning commission may require the donation/collection box owner to provide specified and adequate security personnel and/or devices, where the police department can demonstrate that complaints or crime statistics in the general area show a reasonable basis that preventive security measures are needed to preserve the public health, safety and welfare.

F.    Exemptions and Additional Requirements. The following collection boxes are not regulated by provisions within this section:

1.    Temporary or seasonal donation/collection boxes of a size less than ten square feet, placed on property with the written consent of the property owner, so long as such temporary or seasonal donation/collection boxes are not on the property for more than sixty days per year.

2.    Recycling services which fall under the categories of “Recycling Services—Consumer” and “Recycling Services—General” as defined in Division VI, Glossary.

Any receptacles/containers that are over fifty square feet are considered to fall within the “Recycling Services, Consumer” or “Recycling Services, General” use classifications and are limited accordingly. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)