Chapter 18.128 — (RESERVED)

arrow_back printPrint emailEmail downloadDownload shareShare add_alertGet Updates arrow_forward Note: Former Ch. 18.128, Determination as to Uses Not Listed, derived from Prior code §§ 2-10.43—2-10.48 and Ord. 2155, was repealed by Ord. 2303, 12/6/2025.

Chapter 18.132 VARIANCES (§ 18.132.010 – § 18.132.170)

A.

In order to prevent a particular property from being deprived of privileges enjoyed by other properties in the vicinity and under the identical zoning classification due to special circumstances applicable to the property, the zoning administrator is empowered to grant variances.

B.

The power to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the objectives of the zoning regulations is provided by Chapter 18.124 of this title; provided, however, that a variance may be granted consistent with the provisions of this chapter to allow extension, expansion or alteration of a nonconforming use.

C.

The zoning administrator may grant variances to the regulations prescribed by this title, in accord with the procedure prescribed in this chapter, with respect to fences, walls, hedges, screening and landscaping; site area, width, frontage and depth; front, rear and side yards; basic floor area; height of structures; distances between structures; courts; usable open space; signs; and off-street parking and off-street loading facilities. (Prior code § 2-11.23; Ord. 1520 § 5 1991)

Application for a variance shall be filed with the zoning administrator on a form prescribed by the zoning administrator and shall include the following data and maps:

A.

Name and address of the applicant;

B.

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance is being requested;

C.

Address or description of the property;

D.

Precise statement of the variance requested, the special circumstances giving rise to the request for the variance, and other data pertinent to the prerequisite findings set forth in Sections 18.132.090 through 18.132.110 of this chapter;

E.

An accurate scale drawing of the site and any adjacent property affected, showing when pertinent, the contours at intervals of not more than five feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities, and landscaped areas;

F.

If required for a hearing as prescribed in Section 18.132.060, the application shall be accompanied by an accurate scale drawing of the site and the surrounding area showing existing streets and property lines for a distance from each boundary of the site determined by the zoning administrator to be necessary to illustrate the relationship to and impact on the surrounding area;

G.

The zoning administrator may require additional information, plans and drawings if they are necessary to enable a determination as to whether the circumstances prescribed for the granting of a variance exist. The zoning administrator may authorize omission of any or all the plans and drawings required by this section if they are not necessary.

(Prior code § 2-11.25(1); Ord. 1520 § 5, 1991)

The application shall be accompanied by a fee established by resolution of the city council to cover the cost of handling the application as prescribed in this chapter. A single application may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two or more sites with similar characteristics.

(Prior code § 2-11.25(2))

A.

The Zoning Administrator may grant, grant in modified form, condition, or deny a request for a variance. The decision of the Zoning Administrator shall be effective pursuant to the procedures outlined in Chapter 18.144 unless otherwise appealed.

B.

Applications not decided by the zoning administrator shall be decided by the planning commission. Upon receipt of the completed application, the zoning administrator shall schedule a hearing at the earliest possible meeting of the board, taking into account time necessary for staff preparation and public notice. (Prior code § 2-11.26; Ord. 1520 § 5, 1991; Ord. 2000 § 1, 2009; Ord. 2303, 12/6/2025)

The Zoning Administrator shall hold a public hearing on a variance application in accordance with the provisions outlined in Section 18.12.040. If the Zoning Administrator refers a variance application to the Planning Commission, then the Planning Commission shall hold a public hearing on an application. The hearing shall be set and notice given as prescribed in Section 18.12.040 of this title. At a public hearing, the Zoning Administrator or Planning Commission shall review the application, statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Sections 18.132.090 through 18.132.110 of this chapter.

(Prior code § 2-11.27; Ord. 1520 § 5, 1991; Ord. 2303, 12/6/2025)

The zoning administrator shall make an investigation of each application that is a subject of a public hearing and shall prepare a report thereon which shall be made available to the applicant prior to the public hearing and submitted to the planning commission, if the commission shall hear the variance application. (Prior code § 2-11.28; Ord. 1520 § 5, 1991)

Within 40 days following the closing of a public hearing on a variance application, the zoning administrator or planning commission shall take action on the application. The zoning administrator or planning commission may grant, may grant in modified form, condition or deny a request for a variance. A variance may be revocable or may be granted for a limited time period.

(Prior code § 2-11.29 (part); Ord. 1520 § 5, 1991)

The planning commission or the zoning administrator may grant a variance to a regulation prescribed by this chapter with respect to fences, walls, hedges, screening or landscaping; site area, width, frontage or depth; front, rear or side yards; basic floor area; height of structures; distances between structures; courts; usable open space; or other regulations of this chapter, but a variance shall not be granted for a parcel of property for a use or activity not expressly authorized by the zone regulation governing the parcel of property.

Variances from these regulations may be granted only when the planning commission or the zoning administrator finds that the following circumstances apply:

A.

That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;

B.

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitation on other properties classified in the same zoning district;

C.

That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(Prior code § 2-11.29(1); Ord. 1520 § 5, 1991)

The planning commission or the zoning administrator, when authorized, may grant a variance to a regulation prescribed by this chapter with respect to signs as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the planning commission or the zoning administrator makes the findings of fact that establish that the circumstances prescribed in Section 18.132.090 of this chapter apply and the following circumstances also apply:

A.

That the granting of the variance will not detract from the attractiveness or orderliness of the city's appearance;

B.

That the granting of the variance will not introduce an inharmonious visual element into the district in which the sign would be located;

C.

That the granting of the variance will not create a hazard to safety.

(Prior code § 2-11.29(2); Ord. 1520 § 5, 1991)

The planning commission or the zoning administrator, when authorized, may grant a variance to a regulation prescribed by this chapter with respect to off-street parking facilities or off-street loading facilities, as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the commission or the zoning administrator makes findings of fact that establish that the circumstances prescribed in Section 18.132.090 apply and the following circumstances also apply: A.

That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation; B.

That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets;

C.

That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this chapter.

(Prior code § 2-11.29(3); Ord. 1520 § 5, 1991)

The determination of the decision-making body shall be effective pursuant to the procedures outlined in Chapter 18.144 unless otherwise appealed.

(Prior code § 2-11.30; Ord. 1520 § 5, 1991; Ord. 2303, 12/6/2025)

An appeal shall be heard and acted upon as prescribed in Chapter 18.144.

(Prior code § 2-11.31; Ord. 1520 § 5, 1991; Ord. 2303, 12/6/2025)

A variance shall lapse and shall become void one year following the date on which the variance became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required, or the applicant or his or her successor has filed a request for exten-sion with the zoning administrator pursuant to the provisions of Section 18.12.030.

(Prior code § 2-11.32)

A variance granted by the zoning administrator or planning commission subject to conditions shall be revoked by the body granting such variance if the conditions are not complied with. The decision of the zoning administrator shall become final 15 days following the date on which the variance was revoked, unless an appeal has been filed with the secretary of the planning commission. Within 15 days after revoking a variance, the zoning administrator shall submit a report to the planning commission stating the reasons for the action. The decision of the planning commission revoking a variance shall become final 15 days following the date on which the variance was revoked or on the day following the next meeting of the city council, whichever is later, unless an appeal has been taken to the council, or unless the council shall elect to review and decline to affirm the decision of the planning commission, in which case Section 18.132.130 of this chapter shall apply. A variance granted by the city council subject to conditions shall be revoked by the council if the conditions are not complied with.

(Prior code § 2-11.33; Ord. 1520 § 5, 1991)

Following the denial or revocation of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance.

(Prior code § 2-11.33a)

Unless otherwise specified at the time a variance is granted, it shall apply only to the plans and drawings submitted as part of the application.

(Prior code § 2-11.34)

Chapter 18.136 AMENDMENTS (§ 18.136.010 – § 18.136.160)

The zoning map and zoning regulations may be amended by changing the boundaries of any district, or by changing any district regulation, off-street parking or loading facilities requirements, general provision, exception, or other provision thereof, in accord with the procedure prescribed in this chapter.

(Prior code § 2-12.03)

A.

A change in the boundaries of any district may be initiated by the owner or the authorized agent of the owner of the property filing an application for a change in district boundaries as prescribed in Sections 18.136.040 and 18.136.050. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

B.

A change in boundaries of any district or a change in a district regulation, off-street parking or loading facilities requirement, general provision, exception, or other provision may be initiated by resolution of the planning commission or by action of the city council in the form of a request to the commission that it consider a proposed change, provided that in either case the procedure prescribed in Sections 18.136.040 through 18.136.110 shall be followed.

C.

A proposal for a change in district boundaries initiated by the commission or council and one initiated by a property owner for all or part of the same area may be considered simultaneously. (Prior code § 2-12.04)

In order to ensure orderly and thorough planning and to avoid speculative requests for changes in the boundaries of C districts, no change in boundaries that would increase the area of the C district by more than two acres shall be initiated by a property owner unless the property for which the change of district is proposed is in a PUD district at the time the change is initiated. (Prior code § 2-12.05)

A property owner desiring to propose a change in the boundaries of the district in which his or her property is located or his or her authorized agent may file with the zoning administrator an application for a change in district boundaries on a form prescribed by the planning commission and shall include the following data and map:

A.

Name and address of the applicant;

B.

Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed;

C.

Address or description of the property;

D.

An accurate scale drawing of the site and the surrounding area showing existing streets and property lines for a distance determined by the zoning administrator to be necessary to illustrate the relationship to and impact on the surrounding area;

E.

The zoning administrator may require additional information or maps if they are necessary to enable the commission to determine whether the change is consistent with the objectives of this title. The zoning administrator may authorize omission of the map required by this section if it is not necessary. (Prior code § 2-12.06(1))

The application shall be accompanied by a fee established by resolution of the city council to cover the cost of processing the application as prescribed in this chapter.

(Prior code § 2-12.06(2))

The planning commission shall hold at least one public hearing on each application for a change in district boundaries and on each proposal for a change in district boundaries or for a change of a district regulation,

off-street parking or loading facilities requirement, general provision, exception, or other provision of this title. The hearing shall be set and notice given as prescribed in Section 18.12.040. (Prior code § 2-12.06a)

At the public hearing the planning commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is consistent with the objectives of this chapter prescribed in Section 18.04.010.

(Prior code § 2-12.07)

The zoning administrator shall make an investigation of the application or proposal and shall prepare a report thereon which shall be submitted to the planning commission and made available to the applicant, if any, prior to the public hearing.

(Prior code § 2-12.08)

Within 40 days following the closing of a public hearing, the planning commission shall make a specific finding as to whether the change is consistent with the objectives of this chapter prescribed in Section 18.04.010, and shall recommend that the application be granted, granted in modified form, or denied, or that the proposal be adopted, adopted in modified form, or rejected.

(Prior code § 2-12.09)

Within 15 days following the date of a decision of the planning commission recommending denial of an application for a change in district boundaries, the applicant may request a hearing by the city council. (Prior code § 2-12.10)

The city council shall hold at least one public hearing on an application or proposal within 40 days after receipt of the resolution or report of the planning commission, provided that no hearing shall be held on an application for a change in district boundaries that the commission has recommended be denied unless a request is received by the council as prescribed in Section 18.136.100, and no hearing shall be held on a proposal initiated by the commission that the commission has recommended be rejected, unless the council shall elect to give the proposal further consideration. The hearing shall be set and notice given as prescribed in Section 18.12.040 of this title. Within 40 days following the closing of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of this chapter prescribed in Section 18.04.010 of this title. If the council finds that the change is consistent, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this title, whichever is appropriate. If the council finds that the change is not consistent, it shall deny the application or reject the proposal. The council shall not modify a decision of the commission recommending granting of an application or adoption of a proposal until it has requested and considered a report of the commission on the modification. Failure of the commission to report within thirty days after receipt of the council request shall be deemed concurrence. (Prior code § 2-12.11)

The city council may impose conditions to a change in zoning district boundaries where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and welfare of the residents of the city.

(Prior code § 2-12.11(a))

The zoning map dated April 18, 1960, including all changes or amendments thereto, is adopted and made a part of this code. The zoning map shall show the zoning district classification of all lands within the city. Any change in zoning district boundaries pursuant to Section 18.136.110 shall be indicated on the zoning map. (Prior code § 2-12.12)

Following the denial of an application for a change in district boundaries, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application. (Prior code § 2-12.13)

Prezoning of unincorporated territory adjoining the city may be initiated as prescribed in Section 18.136.020(B) of this chapter, for the purpose of determining which zoning districts it should be classified in the event of subsequent annexation to the city. An ordinance designating zoning districts in unincorporated territory shall become effective at the same time that annexation becomes effective. (Prior code § 2-12.14)

territory adjoining the city may be initiated as prescribed in Section 18.136.020(B) of this chapter, for the purpose of determining which zoning districts it should be classified in the event of subsequent annexation to the city. An ordinance designating zoning districts in unincorporated territory shall become effective at the same time that annexation becomes effective. (Prior code § 2-12.14)

All property which becomes unzoned through abandonment of a public street, alley, or railroad right-of-way shall be classified in the same zoning district as adjoining property if all adjoining property is in the same district, or if this condition does not exist, in the S district. All territory which is annexed to the city and which has not been prezoned shall be classified in the S district. Within 60 days the planning commission shall make a study of the territory to determine in which zoning district it should be classified in order to carry out the objectives of the zoning regulations prescribed in Section 18.04.010. If the commission finds that a change of district is required, it shall initiate the change as prescribed in Section 18.136.020(B) of this chapter. The owner of annexed property or the authorized agent of the owner may file an application for a change in district as prescribed in Section 18.136.020A of this chapter. (Prior code § 2-12.15)

Chapter 18.140 PENALTIES (§ 18.140.010 – § 18.140.030)

A.

Any violation of this title shall be punishable as provided in Section 1.12.020 of this code.

B.

Any structure or sign erected, moved, altered, enlarged, or maintained, and any use of a site contrary to the provisions of this title shall be and is declared to be unlawful and a public nuisance, and the city attorney shall immediately institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure, sign or use, and restrain or enjoin the person, firm, corporation or organization from erecting, moving, altering or enlarging the structure or sign or using the site contrary to the provisions of this title. C.

All remedies provided for in this section shall be cumulative and not exclusive. (Prior code §2-12.22; Ord. 1168 § 3, 1984)

Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title shall be voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her heirs, personal representative, or trustee in insolvency, or bankruptcy, within one year after the date of execution of the deed of conveyance, sale or contract to sell; but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase other than those above enumerated, and upon the grantor, vendor, or person contracting to sell or his or her assignee, heir, or devisee.

(Prior code § 2-12.23)

A.

Any property owner who demolishes, or causes to be demolished, any historic building in the city is subject to fines and restrictions on future development unless the owner received prior written city approval: in

conjunction with a new development application or other code provision; or the chief building and safety official made a determination of a dangerous building pursuant to Chapter 20.32.

A "historic building" is a building which meets the eligibility criteria for the National Register of Historic Places or the California Register of Historical Resources; is listed as a historic resource in the Pleasanton General Plan; or is a historic resource determined by the city in other documents.

2.

"Demolition" means: dismantlement, tear down, or deconstruction of buildings, structures and their components, or portions thereof; removal of a historic building from its original site (unless approved by the city); and demolition by neglect (see Sections 9.28.025 and 18.74.200). Alterations to a historic building beyond the approvals granted by the city can also be a demolition. B.

Fines. In the reasonable determination of the director of community development, the fine for an unpermitted demolition shall be based on an amount up to the greater of: (1) the appraised value of the building, or altered portions of the building, before demolition, using a licensed appraiser selected by the city; or (2) the replacement value of the demolished building, or altered portion[ of the building.

C.

Restrictions on Future Development. New or replacement development on the property shall not exceed the demolished historic building's original:

1.

Square footage;

2.

Floor area ratio;

3.

Height; and

4.

Location (e.g., setbacks and separation between structures).

If the original historic building's size, height, or location does not comply with current zoning (i.e., it was legal nonconforming), a new or replacement development shall not be allowed to continue such noncompliance, unless otherwise approved by the city.

New or replacement construction shall be built in the same or another appropriate historical style as described in the Pleasanton Downtown Historic Context Statement (2015) or other city document; and shall be of the same or better quality of design and level of architectural detail as the building that was altered or demolished.

These restrictions shall be in place for a period of 20 years from the date of the unlawful demolition; and shall be recorded against the title of the property as a Notice of Violation and Covenant of Future Development Restrictions.

An owner may be relieved of these restrictions in conjunction with a subsequent zoning approval from the zoning administrator, planning commission or city council.

D.

Decisions made pursuant to this section are subject to appeal as provided in Chapter 18.144. (Ord. 2204 § 3, 2019)

Chapter 18.144 APPEALS (§ 18.144.010 – § 18.144.060)

Note: Former Ch. 18.144, Appeals, derived from Prior code §§ 2-5.09—2-5.12 and 2-12.19 and Ord. 1520; Ord. 1586; Ord. 1656; Ord. 2277, was repealed by Ord. 2303, 12/6/2025.

This chapter establishes procedures for appeals and reviews of the Zoning Administrator and Planning Commission.

(Ord. 2303, 12/6/2025)

A.

Zoning Administrator Decisions. Any decision of the Zoning Administrator may be appealed to the Planning Commission, as applicable.

B.

Planning Commission Decisions. Any decision of the Planning Commission may be appealed to the City Council, as applicable.

(Ord. 2303, 12/6/2025)

A.

Eligibility. An appeal in compliance with this chapter may be filed by any aggrieved person.

B.

Timing and Form of Appeal.

1.

Timing. An appeal request shall be filed with the Community and Economic Development Department (CEDD) within 10 days of the actual date the decision was rendered.

2.

Forms. The appeal request shall be submitted in writing to the CEDD and shall include the following information:

a.

The written request for appeal shall include the pertinent facts and the basis for the appeal shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous review authority in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record.

b.

The appeal shall be accompanied by the application form and filing fee identified in the Master Fee Schedule. C.

Report, Scheduling of Hearing, and Decision.

1.

When an appeal request has been filed, CEDD staff shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing within 50 days by the appropriate review authority, identified in Section 18.144.020, above.

2.

Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Section 18.12.040.

3.

The hearing shall be de novo, and the decision-making body may uphold, deny, condition, and/or modify any condition of the application on appeal or review.

4.

Any interested party may appear and be heard by the review authority.

5.

Following the final decision of the appeal or Council review request, the city shall provide notice of its final decision to the appellant, applicant (if not the appellant), and to any person who specifically requested notice

of the city's final action.

(Ord. 2303, 12/6/2025)

The City Council may elect to review an action of the Planning Commission or Zoning Administrator:

A.

Within 10 days following such action, if any member of the City Council advises the City Clerk in writing that such member wants a review of the action to be brought before the City Council; or

B.

If its next regular meeting is within 10 days following such action, at such meeting, a majority of the City Council may vote to review such action, or an individual member of the City Council may state that such individual elects to have the Council review such action.

C.

Upon any such election for review of an action, a public hearing shall be held by the Council. The hearing shall be set and notice given as prescribed in Chapter 18.12 of this title.

(Ord. 2303, 12/6/2025)

A decision of the Zoning administrator or Planning Commission is final and effective after 5:00 p.m. on the

10th calendar day following the date the decision is rendered, when no appeal or Council review request to the decision has been filed in compliance with this chapter.

(Ord. 2303, 12/6/2025)

No person shall seek judicial review of a city decision on a planning permit or other matter in compliance with the municipal code until all appeals to the Commission and Council have first been exhausted in compliance with this chapter.

(Ord. 2303, 12/6/2025)