Chapter 18.52 — Q ROCK, SAND AND GRAVEL EXTRACTION DISTRICT

(§ 18.52.010 – § 18.52.140)

In addition to the objectives prescribed in Section 18.04.010 of this title, the Q rock, sand and gravel extraction district is included in this title to achieve the following purposes:

A.

To protect the natural resources in the city and assure that their utilization is not prejudiced by the intrusion of incompatible uses;

B.

To indicate clearly to all interested parties the portions of the city that have been designated for rock, sand and gravel extraction and processing subject to compliance with the standards of this chapter; C.

To protect properties and uses not in the Q district from nuisances incidental to extraction, processing and hauling rock, sand and gravel;

D.

To ensure that general reuse plans for sites used for rock, sand and gravel extraction and processing are maintained and effectuated.

(Prior code § 2-7.30)

All uses shall comply with the regulations prescribed in Chapter 18.84 of this title, and with the following

additional regulations of the I-G district: Sections 18.48.050 through 18.48.120 of this title.

(Prior code § 2-7.31; Ord. 2155 § 3, 2017)

The following uses shall be permitted:

Any use permitted in the A agricultural district except dwellings.

(Prior code § 2-7.32)

The following conditional uses shall be permitted upon the granting of a use permit, in accord with the provisions of Chapter 18.124 of this title:

A.

Mining, quarrying, excavating, extracting, harvesting, sorting, crushing, reducing, washing, refining or other processing of rock, sand, gravel, stone, earth or other mineral, subject to the conditions prescribed in Sections 18.52.050 through 18.52.100 of this chapter.

B.

Watchmen's living quarters when incidental to and on the same site as a conditional use. C.

Airports and heliports.

D.

Agricultural processing plants.

E.

Asphalt and asphalt products manufacture.

F.

Automobile and motorcycle racing stadiums and drag strips.

G.

Cement and concrete products manufacture, including concrete mixing and batching. H.

Commercial and private recreation facilities.

I.

Drive-in theaters.

J.

Dwellings accessory to an agricultural use.

K.

Firearm sales at a rifle or pistol range.

L.

Garbage and refuse incineration.

M.

Gas and oil wells, exportation, production, and related facilities.

N.

Golf courses and golf driving ranges.

O.

Public utility and public service facilities including pumping stations, power transmission stations, power distribution stations, equipment buildings, service yards, drainageways and structures, water reservoirs, percolation basins, well fields, and storage tanks. These facilities must be found by the planning commission to be necessary for the public health, safety, or welfare.

P.

Riding academies and stables.

Q.

Rifle and pistol ranges.

R.

Sanitary fill operations.

S.

Accessory structures and uses located in the same site as a conditional use, and the following accessory structures and uses located on the same site as a permitted use or a conditional use that has been granted a use permit:

1.

Medium electricity generator facilities that meet the applicable standards of Section 18.124.290 of this title.

2.

Medium fuel cell facilities that meet the applicable standards of Section 18.124.290 of this title.

3.

Wind energy facilities that meet the following criteria:

a.

The facilities shall not exceed a noise level of 45 dBA at any point on any residentially zoned property outside of the property plane where the facilities are located; and

b.

The design of the facilities shall be streamlined (without ladders and extra appurtenances) to discourage birds from roosting on the facilities.

c.

Facilities on hillsides or ridges shall not be visible from a public right-of-way. (Prior code § 2-7.32; Ord. 1738 § 1, 1998; Ord. 1880, 2003)

The following uses shall not be permitted in the rock, sand and gravel extraction district: Any use not specifically or conditionally permitted by this chapter, unless a determination is made under Chapter 18.128 of this title.

(Ord. 1880, 2003)

In addition to the data required by Chapter 18.124 of this title, the applicant for a use permit for rock, sand or gravel extraction or processing shall submit the data required by Sections 18.52.060 through 18.52.130 of

this chapter. Before granting a use permit, the planning commission shall make the findings required by Chapter 18.124 of this title relating to findings, and shall approve the plans required by this chapter. (Prior code § 2-7.33)

An application for a use permit shall be accompanied by a general plan including all property owned by the applicant in a contiguous Q district showing:

A.

Location and extent of all extraction areas, together with typical cross sections and proposed sequence and phases of operation in each area;

B.

Location of fences and buffers, grading and planting plan for all buffer strips, and proposed sequence and dates for installation of landscaping;

C.

General location and configuration of storage areas for topsoil, other overburden, silt, extracted material, and waste;

D.

Location and design of all processing facilities, including outline specifications for equipment to be used, sufficiently detailed to indicate compliance with the required conditions;

E.

Description of all harvesting procedures including outline description of equipment to be used sufficiently detailed to indicate compliance with the required conditions; F.

Location, width and surfacing of all roads and parking and loading areas that will be maintained for three months or longer;

G.

Proposed hours of operation;

H.

Proposed haul routes within the city;

I.

Additional data necessary to evaluate the proposal.

(Prior code § 2-7.33(1))

An application for a use permit shall be accompanied by a plan including all property owned by the applicant in a contiguous Q district, showing the proposed use of each portion of the property following termination of extractive activities, together with typical cross sections and proposed sequence of development. The reuse general plan shall include at least as much detail as the general plan of the city concerning proposed land uses, circulation and public facilities, and shall indicate the method and extent of refilling any pit or quarry, and proposals for the removal of stockpiles, waste, buildings, accessory structures, and equipment, and redistribution of topsoil.

(Prior code § 2-7.33(2))

Use permits shall be issued for a specific term and shall be subject to the requirements of Chapter 18.124 of this title relating to suspension and revocation. The permittee shall submit a written report no less than every five years from the date of the permit approval to the planning commission. Any additional report may be made by the permittee. Failure to submit such report after notification by the zoning administrator, given three months prior to expiration, shall cause automatic suspension of use permit as prescribed in Chapter 18.124 of this title. The report shall be accompanied by all of the plans and data for an initial application required at the date of the report. All information shall be up-to-date and shall describe and illustrate the permit holder's current proposals and time schedules for use and reuse of the site. (A use permit subject to written report as

prescribed in this section may not be revoked except as prescribed in Chapter 18.124 of this title.) Conditions may be deleted or added by mutual agreement between city and permittee to achieve the purpose prescribed in Section 18.52.010 of this chapter.

(Prior code § 2-7.33(3))

Use permits for preexisting uses, including uses in annexed territory regulated by this chapter shall expire on the date specified by the permit. Preexisting uses shall be reviewed by the planning commission at the time of annexation or within five years of the effective date hereof, May 3, 1968. At the time of review of a permit for a preexisting use, the planning commission may modify the terms of the permit, deleting conditions or making the conditions more restrictive and increasing the burden of the permit holder to achieve the purposes of Section 18.52.010 of this chapter, in accord with the following procedure:

A.

The permit holder shall be notified of the proposed restrictions.

B.

A public hearing shall be held in accord with Section 18.12.040 of this title.

C.

The planning commission shall find that restrictions to be imposed are necessary to protect the public health, safety and welfare.

D.

A reasonable time period shall be allowed prior to the effective date of new restrictions necessitating amortization of existing investment.

E.

A reasonable termination date shall be set for uses for which no expiration date was specified in the preexisting use permit.

(Prior code § 2-7.33(4))

The following standards shall be considered minimum standards. Where appropriate, the city planning commission may prescribe higher standards and may regulate additional aspects of rock, sand or gravel extraction or processing as a condition of granting a use permit.

A.

Landscaped buffers planted and maintained as prescribed in Section 18.84.260 of this title shall be provided adjoining the boundary of a Q district. Where the Q district adjoins or is across the street from an R, O, C-N, C-C, C-R or PUD district, the buffer shall have an average depth of 200 feet and a minimum depth of 150 feet. Where the Q district adjoins or is across a street from a C-S or an I district, the buffer shall have a minimum depth of 50 feet. Where the Q district adjoins an A or an S district, a strip having an average depth of 200 feet and a minimum depth of 150 feet shall be held for use as a buffer, but need not be improved until the zoning map is amended to reclassify the property adjoining or across the street, at which time the buffer shall be improved as required by this section. The depth of a buffer adjoining or across the street from a P district shall be determined by the commission. Where the Q district adjoins a freeway, railroad, arroyo or flood-control channel, the minimum depth of the buffer shall be 50 feet. Buffers shall be improved and planted sufficiently in advance of nearby extraction operations to allow the trees and other plant materials to attain sufficient height and mass to provide effective buffering.

B.

Final cuts in any pit or quarry shall not exceed the normal angle of repose of the excavated materials, and shall not exceed one foot horizontal to one foot vertical. C.

Temporary cut slopes steeper than one foot horizontal to one foot vertical shall be no closer to a property line than 25 feet plus the vertical depth of the cut, shall be no closer to a public street right-of-way than 50 feet

plus the vertical depth of the cut, and shall be no closer to a stream or channel than 100 feet plus the vertical depth of the cut.

D.

The excavation of a pit or quarry shall be conducted in such a manner as to prevent accumulation of polluted water or natural seepage to the maximum extent possible, but not precluding the use of pits for recharge purposes.

E.

Dikes and other barriers and drainage structures shall be provided where necessary to prevent silting of drainage channels or storm drains in the area surrounding the excavation. F.

Where required by the commission, final cut slopes shall be treated to prevent erosion, topsoil shall be replaced on such slopes to support vegetation and suitable groundcover shall be planted and maintained for a period sufficient to provide vegetation of a density and groundholding capacity that will prevent erosion. G.

Material used for refilling a pit or quarry, including overburden removed from elsewhere on the site, shall be of a quality determined suitable to prevent contamination of the groundwater either during operations or upon completion or termination of operations.

H.

Quarry or pit excavations that penetrate near or into a water-bearing stratum shall be conducted in such a manner that such stratum will not be subject to pollution or contamination either during operations or subsequent to termination. The commission may prescribe the maximum depth of a pit or quarry in relation to the depth of any aquifer described and defined in publications of the state Department of Water Resources.

I.

Fencing shall be provided and maintained surrounding all areas being excavated to prevent unauthorized access in accord with the requirements and specifications of the public works department. Such fencing shall be located no closer than 10 feet from the top edge of a proposed cut slope.

J.

All reasonable control measures shall be employed to reduce dust in the processing and transportation operations. Haulage roads shall be paved, oiled or watered, and shall be maintained in a dust-free condition. Access roads shall have pavement at least 24 feet wide and shall extend from the public street to the permanent public scale but not less than 500 feet.

K.

Vehicles hauling excavated material shall be loaded in such a manner as to prevent spilling the material while in transit. The commission may designate which public streets may be used in hauling excavated material, and may prohibit the use of any other street.

L.

No explosives shall be used except as expressly permitted by the commission. M.

Adequate provision shall be made for protection of pits and quarries from overflow from adjacent streams by the construction of levees and other devices to prevent flooding. No obstruction shall be placed in any stream unless authorized by the Alameda County Flood Control and Water Conservation District.

N.

Except during emergencies, or when equipment repairs must be made, all extractive or processing operations shall be conducted only during the hours approved by the commission. (Prior code § 2-7.33(5))

Off-street parking shall be provided for each use in the Q district as prescribed in Chapter 18.88 of this title.

(Prior code §2-7.34)

Off-street loading facilities shall be provided for each use in the Q district as prescribed in Chapter 18.92 of this title.

(Prior code § 2-7.35)

No sign, outdoor advertising structure or display of any character shall be permitted except as prescribed in Chapter 18.96 of this title.

(Prior code § 2-7.36)

All uses in the Q district shall be subject to design review as prescribed in Chapter 18.20 of this title. Applicants are advised to confer with the zoning administrator before preparing detailed plans. (Prior code § 2-7.37; Ord. 1656 § 1, 1995)

Chapter 18.56 P PUBLIC AND INSTITUTIONAL DISTRICT (§ 18.56.010 – § 18.56.110)

In addition to the objectives prescribed in Section 18.04.010 of this title, the P public and institutional district is included in the zoning ordinance to provide a procedure for the orderly establishment of public facilities, expansion of their operations, or change in the use of lands owned by governmental agencies and for the orderly establishment of quasipublic institutional uses.

(Prior code § 2-7.41)

A.

All uses shall comply with the regulations prescribed in Chapter 18.84 of this title. Each yard space shall be not less than the yard required in the district adjoining or directly across a street from each property line, but the planning commission may require larger yards and may prescribe limits to height, bulk or coverage as a condition of a use permit in order to ensure compatibility with adjoining uses.

B.

No use shall be permitted, and no process, equipment or material shall be employed which is found by the commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water carried wastes, noise, vibration, illumination, glare, unsightliness, or truck traffic, or to involve any hazard of fire or explosion.

(Prior code § 2-7.42)

The following uses shall be permitted in the P district:

A.

Each use and structure existing in the P district at the time of adoption of the ordinance codified in this chapter, May 3, 1960, is declared to be a conforming use and structure.

B.

Surface parking on the city-owned transportation corridor. C.

Accessory structures and uses located on the same site as a permitted use and the following accessory structures and uses located on the same site with a permitted use or with a conditional use which has been granted a use permit in accord with the provisions of Chapter 18.124 of this title:

1.

Emergency standby electricity generator, fuel cell, and/or battery facilities provided that the facilities shall be tested from 8:00 a.m. to 5:00 p.m. Monday through Friday or from 10:00 a.m. to 12:00 p.m. on Saturday or

Sunday only, the facilities shall not be tested for more than one hour during any day, and no testing shall be on "Spare the Air Days" in Alameda County;

2.

Photovoltaic facilities;

3.

Small electricity generator facilities that meet the following criteria:

a.

The fuel source for the generators shall be natural gas, biodiesel, or the by product of an approved cogeneration or combined-cycle facility;

b.

The facilities shall use the best available control technology to reduce air pollution;

c.

The facilities shall not create any objectionable odors at any point outside of the property plane where the facilities are located;

d.

The facilities shall not exceed a noise level of forty-five (45 dBA) at any point on any residentially zoned property outside of the property plane where the facilities are located;

e.

On a site with fuel cell facilities, small electricity generator facilities shall not be permitted unless the aggregate wattage of the two facilities is less than one megawatt. If the aggregate wattage of the two facilities is one megawatt or greater, the small electricity generator facilities shall be subject to all requirements and processes prescribed in this title for medium or large electricity generator facilities, whichever is the most applicable, in the subject zoning district; and

f.

The facilities shall be co-generation or combined-cycle facilities, if feasible.

4.

Small fuel cell facilities that meet the following criteria:

a.

The facilities shall not create any objectionable odors at any point outside of the property plane where the facilities are located;

b.

The fuel cell facilities shall not exceed a noise level of 45 dBA at any point on any residentially zoned property outside of the property plane where the facilities are located; and

c.

On a site with electricity generator facilities, small fuel cell facilities shall not be permitted unless the

aggregate wattage of the two facilities is less than one megawatt. If the aggregate wattage of the two facilities is one megawatt or greater, the small fuel cell facilities shall be subject to all requirements and processes prescribed in this title for medium or large fuel cell facilities, whichever is the most applicable, in the subject zoning district;

d.

Small fuel cell facilities are encouraged to be co-generation or combined-cycle facilities. (Prior code § 2-7.43; Ord. 1880, 2003; Ord. 2194 § 2, 2019; Ord. 2216 §2, 2021)

The following conditional uses shall be permitted upon the granting of a use permit, in accord with the provisions of Chapter 18.124 of this title:

A.

Accessory structures and uses located on the same site as a conditional use and the following accessory structures and uses located on the same site as a permitted use or a conditional use that has been granted a use permit:

1.

Medium electricity generator facilities that meet the applicable standards of Section 18.124.290 of this title.

2.

Medium fuel cell facilities that meet the applicable standards of Section 18.124.290 of this title.

B.

Agricultural experiment facilities.

C.

Airports.

D.

Animal shelters.

E.

Churches, convents, monasteries, parish houses, parsonages, and other religious institutions. F.

Fairgrounds.

G.

Hospitals.

H.

Parks, playgrounds, golf courses, zoos, and other public recreation facilities.

I.

Public buildings and grounds.

J.

Public schools, including nursery schools, elementary schools, junior high schools, high schools, and colleges.

K.

Private schools, private nursery schools, tutorial schools, and colleges.

L.

Public utility and public service facilities including pumping stations, power transmission stations, power distribution stations, equipment buildings, service yards, drainageways and structures, water reservoirs, percolation basins, well fields, and storage tanks. These facilities must be found by the planning commission to be necessary for the public health, safety, or welfare.

M.

Required off-street parking facilities located on a site separated from the use which the facilities serve, as prescribed by Chapter 18.88 of this title relating to location of off-street parking facilities. N.

Any other public or quasi-public use which the planning commission determines is similar in nature to those listed above and which will not be detrimental to the proper development and maintenance of surrounding land uses.

O.

Convalescent hospitals, convalescent homes, rest homes, and senior care/assisted living facilities. (Prior code § 2-7.44; Ord. 1743, 1998; Ord. 1880, 2003; Ord. 2086 § 2, 2014)

The following conditional use shall be permitted upon the granting of a temporary conditional use permit in accord with the provisions of Section 18.116.040 of this title:

Outdoor sales in city parks to benefit only charitable or nonprofit organizations.

(Prior code § 2-7.45)

The following uses shall not be permitted in the public and institutional district:

A.

Any use not specifically or conditionally permitted by this chapter, unless a determination is made under Chapter 18.128 of this title.

B.

Firearm sales.

(Ord. 1738 § 1, 1998; Ord. 1880, 2003)

Electric and communication service wires to a new structure shall be placed underground from the nearest utility pole. If the city engineer finds, upon application by the owner, that compliance is not feasible or economically justifiable, he or she shall permit different service arrangements. The property owner, other than the city, shall comply with the requirements of this section without expense to the city and shall make the necessary arrangements with the public utility involved.

(Prior code § 2-7.46; Ord. 1738 § 1, 1998; Ord. 2000 § 1, 2009)

Off-street parking facilities shall be provided for each use in the P district as prescribed in Chapter 18.88 of this title.

(Prior code § 2-7.47; Ord. 1738 § 1, 1998)

Off-street loading facilities shall be provided for each use in the P district as prescribed in Chapter 18.92 of this title.

(Prior code § 2-7.48; Ord. 1738 § 1, 1998)

No sign, outdoor advertising structure, or display of any character shall be permitted in the P district except as prescribed in Chapter 18.96 of this title.

(Prior code § 2-7.49; Ord. 1738 § 1, 1998)

All uses in the P district shall be subject to design review as prescribed in Chapter 18.20 of this title. Applicants are advised to confer with the zoning administrator before preparing detailed plans. (Prior code § 2-7.50; Ord. 1738 § 1, 1998)

Chapter 18.60 S STUDY DISTRICT (§ 18.60.010 – § 18.60.100)

In addition to the objectives prescribed in Section 18.04.010 of this title, the S study district is included in this title to achieve the following purposes:

A.

To provide a district into which newly annexed territory that has not been prezoned shall be automatically classified pending study and reclassification to an A, R, O, C, I, Q, P or PUD district;

B.

To permit review of each development proposal in areas where changing conditions or inadequacy of existing zoning regulations indicate the need for special study and possible amendments to the ordinance codified in this title.

(Prior code § 2-8.01)

A.

All territory which is annexed to the city and has not been prezoned shall be automatically classified in the S study district.

B.

Within 60 days after territory is automatically classified in an S district, the zoning administrator shall submit to the planning commission a written report recommending in which zoning district the territory should be classified in order to carry out the objectives of this title.

C.

Within 30 days after receipt of the report, the planning commission shall initiate an amendment to reclassify the territory as prescribed in Chapter 18.136 of this title.

(Prior code § 2-8.02)

The city planning commission or the city council may initiate reclassification of any property from any other district to an S district, in accord with the provisions of Chapter 18.136 of this title, provided that the commission or the zoning administrator is conducting or intends to conduct studies within a reasonable time for the purpose of initiating a further amendment to the ordinance codified in this chapter that would affect the property reclassified to an S district. Prior to recommending or adopting an ordinance establishing an S district, the commission or council shall specify the length of time expected to be required for study. An ordinance reclassifying property to an S district shall cause the property to be reclassified to another specified zoning district or to revert to its former zoning classification one year after the effective date of such ordinance.

(Prior code § 2-8.03)

No use shall be permitted and no process, equipment or material shall be employed which is found by the city planning commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibrations, illumination, glare, unsightliness, or traffic, or to involve any hazard of fire or explosion, provided that agricultural pursuits preexisting or authorized by conditional use permit and conducted in accord with good practice shall not be deemed a nuisance. (Prior code § 2-8.04)

No use, structure or sign lawfully occupying a site immediately prior to its classification as an S district shall become nonconforming by reason of being classified in an S district. (Prior code § 2-8.05)

Any use permitted by this chapter, either as a permitted use or as a conditional use may be permitted or extended, or any structure may be altered or enlarged upon the granting of a use permit in accord with the provisions of Chapter 18.124 of this title, provided that in order to allow reasonable time for special study, no application for a use permit shall be accepted for a use other than a use permitted in an R district or an extension of an existing use until property has been reclassified to an S district for 60 days. The use permit shall require that the use comply with the provisions of Chapters 18.84 and 18.96 of this title for a district specified by the use permit, or substitute regulations shall be prescribed by the use permit. (Prior code § 2-8.06)

Off-street parking facilities shall be provided for each use in an S district as prescribed in Chapter 18.88 of this title.

(Prior code § 2-8.07)

Off-street loading facilities shall be provided for each use in an S district as prescribed in Chapter 18.92 of this title.

(Prior code § 2-8.08)

No sign, outdoor advertising structure, or display of any character shall be permitted in an S district, except as prescribed in Chapter 18.96 of this title.

(Prior code § 2-8.09)

All uses in an S district shall be subject to design review as prescribed in Chapter 18.20 of this title. Applicants are advised to confer with the zoning administrator before preparing detailed plans.

(Prior code § 2-8.10; Ord. 1656 § 1, 1995)

Chapter 18.64 RO RESIDENTIAL OVERLAY DISTRICT (§ 18.64.010 – § 18.64.080)

In addition to the objectives prescribed in Section 18.04.010 of this title, the RO residential overlay district is included in this title to achieve the following purposes:

A.

To establish controls in addition to those established in Chapters 18.32, 18.36 and 18.84 of this title, in order to direct the development of large parcels of land in conformance with the residential development policies as set forth in the general plan adopted by the city council;

B.

To ensure variety and a mixture of housing types, densities and lot sizes in large developments. (Prior code § 2-8.14)

An amendment to reclassify property to an RO district may be initiated by the owner, the planning commission, or the city council. It is the intent of this section that the commission shall initiate RO Districts in predominately undeveloped areas where the application of the requirements of this chapter would contribute toward achievement of the objectives prescribed in Section 18.04.010 of this title, and the purposes prescribed in Section 18.64.010 of this chapter.

(Prior code § 2-8.15)

A.

The RO district shall be established only in conjunction with other districts, but shall not be combined with a PUD district. An RO district shall overlay whatever other district designation is applicable to the area in which the RO district is established.

B.

The provisions of this chapter shall apply in RO districts, which districts shall also be subject to other provisions of this title, including the provisions applicable to the particular district underlying an RO district, provided that where regulations conflict, the provisions of this chapter shall control.

C.

An application to amend the ordinance codified in this chapter so as to change district boundaries underlying an RO district shall not be construed as a request to change the boundaries of the RO district unless such change is specifically requested in the application.

D.

The requirements of the RO district shall not apply to developed residential lots, to property included in a recorded final subdivision map or valid approved tentative subdivision map, or to annexed territory in which the development pattern has been specifically committed by an annexation agreement. The requirements of the RO district shall apply to property included in an expired tentative subdivision map. Parcels less than five acres on the effective date of the ordinance codified in this chapter, May 3, 1968, may be exempted from the requirements of the RO district, provided that the planning commission shall find that the exemption will not be detrimental to achievement of the purpose of this chapter.

(Prior code § 2-8.16)

Where subdivision and initial development of land after the effective date of the ordinance codified in this chapter, is proposed, the lot size yard requirements and density controls provided in Table 18.64.040 shall apply, in addition to those of the underlying district.

(Prior code § 2-8.17)

The increased requirements set by the RO district in Section 18.64.040 shall have no further force or effect upon an individual residential lot after construction and actual occupancy of the single-family dwelling. (Prior code § 2-8.18)

Within the limitations of minimum lot size of the underlying zoning and the average lot size established by Section 18.64.040, the average gross residential density established by Section 18.64.040 for the particular underlying basic zoning may be achieved by the establishment of small RM districts, unless the planning commission finds that such districts in a particular area would be detrimental to the orderly development of the area and inconsistent with the purposes in Section 18.64.010.

(Prior code § 2-8.19)

RM districts should be located throughout the residential area on thoroughfares or collector streets, and should be used as transitional development between neighborhood commercial areas and R-1 residential areas. RM districts within a tract that are not used as transitional development shall not be larger than three acres per district and separation shall be 300 feet or more. An RM district used as a transitional development shall not exceed six acres. RM districts surrounded by R-1 districts shall be RM-4,000 or RM-2,500. RM districts used as transitional developments shall be RM-4,000, RM-2,500 or RM-2,000. (Prior code § 2-8.20)

In addition to the requirements established by Article III of Chapter 18.12 of this title wherever an RO district is established, any subsequent application for change of the underlying zoning shall be accompanied by an area plan submitted for planning commission approval in conjunction with the rezoning request. Such area plan shall include lot patterns, street systems, location and size of RM districts, and density calculations to

clearly demonstrate that the average gross residential densities prescribed in Section 18.64.040 have not been exceeded.

(Prior code § 2-8.21)

Chapter 18.68 PUD PLANNED UNIT DEVELOPMENT DISTRICT (§ 18.68.010 – § 18.68.130)

A zoning classification distinction is created to be known as the planned unit development (PUD) district. (Prior code § 2-8.25)

The planned unit development district is intended to accomplish the following purposes:

A.

To encourage imagination and housing variety in the development of property of varying sizes and topography in order to avoid the monotony and often destructive characteristics of standard residential, commercial and industrial developments;

B.

To provide a development procedure which will insure that the desires of the developer and the community are understood and approved prior to commencement of construction;

C.

To insure that the goals and objectives of the city's general plan are promoted without the discouragement of innovation by application of restrictive developmental standards;

D.

To encourage efficient usage of small, odd-sized or topographically affected parcels difficult for development by themselves;

E.

To accommodate changing market conditions and community desires;

F.

To provide a mechanism whereby the city can designate parcels and areas requiring special consideration regarding the manner in which development occurs;

G.

To encourage the establishment of open areas in residential, commercial and industrial developments and provide a mechanism for insuring that said areas will be beautified and/or maintained;

H.

To complement the objectives of the hillside planned development district (HPD) in areas not subject to the provisions of that zoning district.

(Prior code § 2-8.26)

The planning commission and city council may permit any use in the PUD district which is compatible with

the purposes of this title, the neighborhood and general vicinity of the proposed project, and in keeping with protection of the public health, safety and general welfare.

(Prior code § 2-8.27)

Unless specific conditional uses are specified in the PUD plan, only the expansion, enlargement or alteration by area or usage of an interim use permitted by Section 18.68.090 of this chapter shall require a conditional use permit granted pursuant to Chapter 18.124 of this title.

(Prior code § 2-8.28; Ord. 2216 § 2, 2021)

Except as provided in Section 18.68.090, no property subject to this chapter shall be developed in any way nor shall any grading permit be issued pursuant to the provisions of this code until all provisions of this chapter have been completed. As used in this section, "developed" means the submittal of any plans required by this code prior to the commencement of construction of any improvements. (Prior code § 2-8.29)

A.

In order to allow the greatest amount of flexibility in designing a project compatible with the physical features of the property, the uses intended to be developed thereon, and the objectives of this chapter, no minimum property development standards shall apply to the PUD district. The planning commission and city council shall determine appropriate amounts of landscaping, natural open space, parking, signing, distances between buildings, front yards and other development standards as are appropriate for the specific uses requested at the time of consideration of the PUD development plan required by Section 18.68.110. Said standards shall be included as conditions to any approved PUD development plan.

B.

Landscaping shall include, but not be limited to, intensely planted and maintained areas. "Natural open space" means land lacking any physical, aboveground improvements, except for utility wires and poles, agricultural type fences or similar improvements, and unenhanced by plants, trees and shrubs, except those which are naturally existing and for agricultural purposes. (Prior code § 2-8.30)

A.

No final subdivision map or parcel map shall be recorded until documents pertaining to the maintenance of common natural open space areas, common landscaped areas, and common recreational facilities located within the plan have been approved by the city attorney. For nonresidential developments, said maintenance shall pertain to all landscaped areas and recreational facilities not enclosed within a building. For residential developments, said maintenance shall apply to the privately owned natural open space, landscaped areas, and recreational facilities owned by or used in common by the residents.

B.

The city shall be identified as a third party beneficiary to conditions, covenants and restrictions placed upon a development, unless otherwise directed by the city council or the city attorney. (Prior code § 2-8.31; Ord. 2295, 7/15/2025)

A.

Due to the flexibility and imagination desired in PUD developments, not every issue regarding future development and use of the property may be established as part of the initial approval of a development. Thus, the community development director shall be charged with responsibility to determine if a change to the approved plan and/or conditions thereto is substantial. If, after review of the plan and conditions, the director determines that the request is a substantial revision or change, the request shall be presented to the planning commission and city council in accordance with the applicable provisions of Chapter 18.04 of this title. If the change is not substantial, the director, after consulting with the city attorney and city engineer, may approve the change, subject to reasonable conditions, and advise the planning commission and city council of said approval, in writing, within 10 days of the approval.

B.

If the planning commission, city council, applicant or any interested citizen disagrees with the community development director's determination or conditions of approval, a written appeal shall be filed with the secretary to the planning commission within 20 calendar days of said action and a public hearing shall be held. The requisite notices of the public hearing shall be given pursuant to the provisions of Chapter 18.04 of this title.

C.

If the revision or change involves the construction of an improvement or betterment for which no specific development standard is established pursuant to this chapter, the community development director, planning commission and/or city council shall apply the provisions of this code which most closely represent the type of development which has been approved.

(Prior code § 2-8.32; Ord. 2000 § 1, 2009)

Any existing use of property zoned PUD (including property with an approved development plan) shall be subject to the provisions of Chapter 18.120 of this title pertaining to nonconforming uses. No expansion of a nonconforming land use, expansion of a nonconforming building, or addition of any new structures associated in any manner with an existing land use or building, with the exception of emergency standby electricity generators, fuel cells, or battery facilities, shall be allowed until a conditional use permit has been granted in accordance with Chapter 18.124 of this title. Emergency standby electricity generators, fuel cell, or battery facilities shall comply with the regulations of the most applicable R-1 zoning district, as determined by the community development director.

(Prior code § 2-8.33; Ord. 1880, 2003; Ord. 2000 § 1, 2009)

Any land located within a PUD district which does not have an approved development plan shall not be graded or have fill placed upon it without first obtaining a conditional use permit pursuant to Chapter 18.124 of this title.

(Prior code § 2-8.34)

A.

Purpose. The development plan is intended to provide to the city a comprehensive plan of the proposed development to ensure that the intent and purposes of the planned unit development district are effectuated. The development plan may proceed as a single program or in phases, but in either situation, it is part of the entire PUD zoning process.

B.

Considerations. In recommending approval of, or in approving a PUD development plan, the planning commission and city council should consider the following:

1.

Whether the plan is in the best interests of the public health, safety and general welfare;

2.

Whether the plan is consistent with the city's general plan and any applicable specific plan;

3.

Whether the plan is compatible with previously developed properties in the vicinity and the natural, topographic features of the site;

4.

Whether any grading to be performed within the project boundaries takes into account the environmental characteristics of the property and is designed in keeping with the best engineering practices to avoid erosion, slides or flooding to have as minimal an effect upon the environment as possible;

5.

Whether streets, buildings, and other manmade structures have been designed and located in such a manner to complement the natural terrain and landscape;

6.

Whether adequate public safety measures have been incorporated into the design of the plan;

7.

Whether the plan conforms to the purpose of the planned unit development district. C.

Conditions. In the recommendation of approval and in the approval of a PUD development plan, conditions may be imposed which are deemed necessary to protect the public health, safety and general welfare. D.

Required Data. Any development plan shall be accompanied by the following data prepared by a design team consisting of a registered civil engineer and either a licensed architect, professional planner, or licensed building designer:

1.

A site plan showing general locations of all streets, on street and off-street parking, buildings and other manmade structures and where applicable any bicycle paths, riding trails, hiking trails; typical elevations of sufficient detail to show building heights, building materials, colors, textures, and general design; and a table listing land coverages by percentage and acreage for the following: landscaped areas and natural open space; coverage by buildings, parking (covered, open, off-street), streets, sidewalk; and where applicable, paths and recreational facilities;

2.

A topographical map showing existing contours and proposed lot lines, which may be integrated with the site plan described in subsection (D)(1) of this section; the lot lines may be omitted if building locations on the site plan make proposed lot lines obvious. The topographical map shall be at a scale no smaller than one inch equals 100 feet showing contour lines existing prior to grading at an interval of not more than 10 feet. The community development director, or his or her designated representative, may allow a reduction in the scale of the map or allow an increase in the contour interval when in his or her opinion the size of the parcel or its terrain requires such changes to make the map more meaningful. The director may omit the requirement for a topographical map entirely for a parcel located on land having an average slope of less than 10 percent; 3.

A grading plan showing increments of the depths of all cuts and fills in various colors or any similar display which shows the cuts, fills and depths thereof and readily distinguishes between differing fills and depths; and a slope classification map showing, in contrasting colors, all land which has less than 10 percent slope, that land which has a slope between 10 percent and 20 percent and all land which has a slope greater than 20 percent. The community development director, or his or her designated representative, may waive the slope classification map for properties which do not have significant land areas in excess of 10 percent slope;

4.

The community development director, or his or her designated representative, shall require, where appropriate, development profiles which show the relationship of the proposed project to any dominant geological or topographical features which may be on or in the vicinity of the proposed project;

5.

On the site plan or on a separate plat show any tree(s), including size and species as provided in Chapter 17.16 of this code and whether or not such tree(s) is to be removed or destroyed;

6.

Sufficient dimensions to show right-of-way widths, pavement widths, street grades, whether streets are to be public or private, and all proposed frontage improvements on new and existing streets; 7.

The community development director, after consulting with the city engineer, may require a current preliminary soils and geological report prepared by a registered civil engineer and/or a registered geologist when development is proposed in areas in excess of 10 percent average slope, there is known or suspected ground instability, high water table, or significant erosion. A geologic report shall always be prepared as required by Chapter 17.12 of this code;

A detailed landscaping plan showing the natural open space, if any, which will remain upon completion of development, all existing trees and the precise boundaries of additional landscaping; the landscape plan shall include container size of all trees and shrubs, species of all plant material, evidence of an irrigation system (indicating whether manual or automatic), street furniture, and fencing materials, and where applicable, dimensions and locations;

9.

Residential developments also shall include the following data:

a.

A calculation of the population density of the development,

b.

The location of proposed dwelling units and types,

c.

A calculation of the number of bedrooms to be constructed;

10.

A specification of the permitted uses desired in the development plan. The community development director, the planning commission, or city council may require greater identification of specific uses; 11.

Notwithstanding the requirements of this subsection, an applicant for a PUD development plan for the development of two or more acres, which development will occur in stages, may submit general information relating to subsections (D)(1) through (D)(9) of this section for review for the entire project. Unless otherwise authorized by the city council, each stage or phase of the project must be adjacent to any previously approved portion of the development plan and shall be reviewed by and approved by the planning commission and city council, in accordance with the procedure set forth herein, together with the exact, complete and detailed information required by subsections (D)(1) through (D)(9) of this section. No tentative subdivision map, building permit or other entitlement shall be approved or issued until such review and approval has been obtained.

E.

Grading Control.

1.

Size and Treatment. In order to keep all graded areas and cuts and fills to a minimum, to eliminate unsightly grading and to preserve the natural appearance and beauty of the property as far as possible as well as to serve the other specified purposes of this chapter, specific requirements may be placed on the size of areas to be graded or to be used for building, and on the size height and angles of cut slopes and fill slopes and the shape thereof. In appropriate cases, retaining walls may be required.

2.

Restrictions. All areas indicated as natural open space on the approved development plan shall be undisturbed by grading, excavating, structures or otherwise except as permitted by this subsection. Where applicable, drainage improvements, utility lines, riding trails, hiking trails, picnic areas, stables and similar public improvements and amenities may be placed in natural open space areas at the time of approval of a PUD development plan. Where natural open space is disturbed for public improvements, best engineering efforts shall be undertaken to make said improvements as unobtrusive as practicable and trenched areas (and similar ground disturbances) shall be treated so as to encourage rapid regeneration of the natural coverage. 3.

Landscaping. The PUD development plan shall include the planting of newly created banks or slopes for erosion control or to minimize their visual effect. (Prior code § 2-8.35; Ord. 2000 § 1, 2009)

If a development is proposed pursuant to this chapter, which also could develop under the provisions of the hillside planned development district (Chapter 18.76 of this title), the developer shall submit with his or her application for PUD zoning and PUD development plan an explanation why the project is not requested for development pursuant to the hillside planned development district. (Prior code § 2-8.36)

A.

The placement of property into the PUD zoning district may be initiated by the city council, planning commission, property owner, an authorized representative or an option holder pursuant to the provisions of this chapter.

B.

A determination of the decision making body regarding a request for PUD zoning, development plan approval, or modification to a development plan pursuant to the provisions of this chapter shall be effective pursuant to the procedures outlined in Chapter 18.144 unless otherwise appealed.

C.

A PUD district zoning request and development plan may be processed concurrently or separately. If they proceed concurrently, only a single ordinance shall be required for approval. If they proceed separately, or if the PUD development plan proceeds in phases as provided by this chapter, separate ordinances shall be required for each process and phase of the project. The ordinance(s) required by this subsection shall be processed in the same manner as any zoning ordinance.

D.

If a subdivision map is processed concurrently with a PUD zoning request or PUD development plan, then Sections 19.20.110(C) and 19.22.060(F) shall apply for tentative maps and vesting tentative maps, respectively. A parcel map or minor subdivision may be submitted for review concurrently with the application for a PUD zoning request or PUD development plan.

E.

An applicant shall file a separate application for each noncontiguous parcel upon which consideration of PUD zoning and/or a development plan is desired. For the purposes of this subsection, parcels shall be deemed to be noncontiguous if they are separated by roads, streets, utility easements or railroad rights-of-way, which, in the opinion of the community development director, are of such a width as to:

1.

Destroy the unity of the proposed project or the ability of the parcel to be developed as a cohesive unit; or 2.

Otherwise create the impression that two separate parcels or projects are being developed. (Prior code § 2-8.37; Ord. 2000 § 1, 2009; Ord. 2144 § 2, 2016; Ord. 2303, 12/6/2025)

Chapter 18.74 DOWNTOWN REVITALIZATION DISTRICT (§ 18.74.010 – § 18.74.240)

The purpose of this chapter is to create a zoning overlay district and strict regulations applicable to this district which will implement the general plan by assuring appropriate development consistent with the goals and policies of the general plan; deter the inappropriate demolition, destruction, alteration, misuse and neglect of architecturally interesting and significant structures in and the built context of the district; revitalize the economic growth and health of and foster civic pride in downtown Pleasanton; stabilize and enhance the value of property; create and renew proper relationships between tax revenues of real property and the cost

of municipal services; implement the downtown hospitality guidelines by assuring special downtown accessory entertainment uses located in the downtown operate in a manner consistent with the intent of the downtown hospitality guidelines; and thereby promote and protect the health, safety, comfort, appearance and general welfare of the community.

(Prior code § 2-2.3401; Ord. 1225 § 1, 1985; Ord. 2055 § 2, 2012)

There is hereby created a zoning overlay district known as the Downtown Pleasanton Revitalization district (hereinafter referred to as "district") the boundaries of which are as shown on Figure 18.74.020 at the end of this chapter.

Within this district are two overlay areas, the downtown hospitality central core area and the downtown hospitality transition area as designated on the Downtown Hospitality Area map shown on Figure 18.74.025 at the end of this chapter. The downtown hospitality transition area overlay includes the public park, Civic Park, at the intersection of Main Street and Bernal Avenue.

The regulations applicable to the district contained in this chapter are in addition to regulations otherwise applicable to the area within the district; provided, however, that where regulations conflict the provisions of this chapter shall control. (Prior code § 2-2.3402; Ord. 1225 § 1, 1985; Ord. 2055 § 2, 2012; Ord. 2194 § 2, 2019; Ord. 2216 § 2, 2021) The city council, following recommendations by the planning commission, shall adopt downtown Pleasanton design guidelines for the district. Such guidelines may be amended from time to time following the same procedure. The zoning administrator, planning commission and the city council shall adhere to the adopted guidelines in reviewing all applications for permits, licenses, certificates or other approval or entitlement of use relating to improvements or demolition proposed within the district, and no such applications shall be approved unless consistent with the adopted guidelines.

(Prior code § 2-2.3403; Ord. 1225 § 1, 1985; Ord. 1591 § 2, 1993; Ord. 1656 § 1, 1995) A.

The zoning administrator shall review the design of each improvement for which a building permit, license, certificate or other approval is required pursuant to this code. If a proposed improvement within the district would require planning commission or city council approval, then such body shall review the design. The zoning administrator may adopt standards for determining which applications comply on their face with all applicable regulations for improvements under this chapter and which will, if approved, have an insignificant effect both on the district as a whole and on the particular built context of the proposed improvement. The zoning administrator may also determine that applications for certain improvements do not need all the information required by Section 18.74.050 of this chapter.

B.

The term "improvement" as used in this chapter shall be literally interpreted and shall include the construction, alteration and repair of all signs and all property and appurtenances thereto. The term "improvement" shall not include demolition. No improvements subject to design review shall hereinafter be constructed, located, required, altered or thereafter maintained except in accordance with the architectural plan approved as provided in this chapter.

C.

The zoning administrator or planning commission shall consider the architectural plan within 30 days following the applications being deemed complete, unless the applicant agrees to a later date. After consideration of the architectural plan, the zoning administrator or planning commission shall issue its determination setting forth its decision to approve, disapprove or conditionally approve the architectural plan. The applicant or any aggrieved person may appeal any decision of the zoning administrator to the planning commission and of the planning commission to the city council in the manner provided in Chapter 18.144 of this code.

(Prior code § 2-2.3404; Ord. 1225 § 1, 1985; Ord. 1520 § 2, 1991; Ord. 1586 § 4, 1993; Ord. 1656 § 1, 1995) Any person proposing to construct or locate any improvement subject to design review shall file, prior to filing for the first required permit, an application for design review with the zoning administrator. Such application shall be in the form and contain the materials required by the zoning administrator under Chapter 18.20 of this title.

A.

Architectural drawings, including:

1.

Plans to scale.

2.

Four elevations to include all sides of development.

3.

Elevations to scale and renderings which include adjacent structures in the existing built context. 4.

(Optional) Perspectives. Model or other suitable graphic materials. B.

Renderings and complete building elevations indicating the wording, style, location, size, shape and type of illumination of each proposed permanent sign together with a palette of proposed colors, materials and textures.

C.

Design plan and guidelines comprising the conceptual scheme proposed to be adopted for all temporary signage relating to site uses.

D.

Preliminary landscaping plan.

E.

Site photographs.

F.

Color photographs of the existing built context including the site.

G.

Color, materials and texture palette.

H.

Other information which the zoning administrator determines to be necessary or convenient or which the zoning administrator or planning commission may by general policy require all applicants in the district to furnish.

(Prior code § 2-2.3405; Ord. 1225 § 1, 1985; Ord. 1656 § 1, 1995)

Where the application is solely for a sign permit, items constituting the proposed architectural plan shall be those items required by Section 18.74.050 of this chapter for all elevations from which the proposed signs are visible and such additional items as are established by the zoning administrator as necessary or convenient to the review and decision.

(Prior code § 2-2.3406; Ord. 1225 § 1, 1985; Ord. 1656 § 1, 1995)

If the architectural plan is approved and the applicant agrees to the conditions of approval, the applicant shall file the following information with the planning division prior to receipt of a building permit, license certificate or other approval:

A.

Final working drawings;

B.

Final landscape plan; C. Color chips.

Final architectural plan approval is deemed approval of the certificate of appropriateness required by Section 18.74.170 of this chapter. The zoning administrator or his or her designee shall certify that the final architectural plan submitted under this section accords with the architectural plan as approved by the zoning administrator or planning commission.

(Prior code § 2-2.3407; Ord. 1225 § 1, 1985; Ord. 1656 § 1, 1995; Ord. 2000 § 1, 2009) The zoning administrator shall examine the material submitted with the application by considering the following aspects for conformance with the purpose of this chapter:

A.

General site utilization considerations.

B.

General architectural considerations:

Height, bulk and area of buildings.

Colors and types of building and installations.

3.

Physical and architectural relationship between the proposed structures and the existing built context. 4. Site layout, orientation and location of buildings and relationship with open areas and topography. 5.

Height, materials, color and variations in boundary walls, fences or screen planting. 6.

Location and type of landscaping including but not limited to off-street parking areas. 7.

Appropriateness of sign design and exterior lighting. C.

General landscape considerations. D.

Graphics.

The zoning administrator shall be guided in his or her review of improvements within the district by the adopted downtown Pleasanton design guidelines.

(Prior code § 2-2.3408; Ord. 1225 § 1, 1985; Ord. 1589 § 5, 1993; Ord. 1656 § 1, 1995) A.

No sign shall be erected, altered or moved without a sign permit. B.

The following signs shall be exempt from these regulations:

1.

Any sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or government regulations.

Political campaign signs maintained in accordance with Chapter 18.100 of this title.

Signs not visible from any public place.

C.

The zoning administrator or his or her designee shall approve the sign permit prior to said sign's erection if the plan conforms to the architectural plan for the sign and/or conceptual scheme for temporary signage. (Prior code § 2-2.3409; Ord. 1225 §1, 1985)

All signs not specifically permitted, excepted or exempted by provision of this chapter are prohibited. Once a use ceases to exist on a site, all signs (both conforming and nonconforming) identifying said use shall be removed within 30 days, and the surface on which the sign was mounted or attached shall be patched, painted and otherwise repaired to remove all evidence of the former sign. (Prior code § 2-2.3410; Ord. 1225 § 1, 1985; Ord. 1396 § 1, 1989)

The zoning administrator, within six months of the effective date of the ordinance codified in this chapter, shall complete a sign inventory of all signs within the district, both conforming and nonconforming. (Prior code § 2-2.3411; Ord. 1225 § 1, 1985)

A.

Every sign lawfully in existence at the time of the adoption of the ordinance codified in this chapter which is neither specifically permitted under these regulations or exempted from these regulations is an existing nonconforming sign. All existing nonconforming signs shall be permitted to remain and not subject to amortization, subject to the limitations contained in this section.

B.

Except for nonconforming historic signs meeting the requirements of subsection D below, existing nonconforming signs shall not be moved, altered or modified in any way. Any such sign so removed, altered or modified shall immediately become an illegal nonconforming sign and shall be removed or abated as provided in this code. Any alteration or modification to a nonconforming historic sign shall be consistent with and shall not detract from the historic character of the sign.

C.

A nonconforming sign shall become unlawful and shall be removed immediately upon any modification or alteration of the premises to which such sign relates, except that a nonconforming historic sign meeting the requirements of subsection D below shall be permitted to remain upon any modification or alteration of the premises to which the sign relates.

D.

For purposes of this section, an historic sign is a sign which meets at least one of the following criteria:

1.

The sign has been existing within the downtown revitalization district for at least 50 years.

2.

The sign has been designed according to a distinct architectural period found in downtown architecture and is consistent with the architecture of the building.

3.

The sign has attained a landmark status due to a prominent locale or association with a continuous use with the same business of 15 years or more.

E.

A nonconforming sign shall become unlawful and shall be removed immediately upon any change in use or business to which the sign relates.

(Prior code § 2-2.3412; Ord. 1225 § 1, 1985; Ord. 1562 § 1, 1992)

A.

Signs on lots having frontage on Main Street in the district shall be permitted in accordance with the provisions of Table 1 herein. The total area of all signs facing any street shall not exceed one square foot for

each linear front foot of business establishment on such a street; provided, that a business having less than 20 feet of frontage on a street shall be permitted up to 20 square feet of sign area. All sign areas shall be measured in accordance with the provisions of this code.

B.

All first-floor retail and office uses shall include pedestrian-oriented signage in the signs identifying their businesses. A maximum of 75 percent of the total permitted sign area for a site may be utilized as vehicularoriented signs (e.g., signs which are primarily visible from a public street). The remaining allowable area may be used for pedestrian-oriented signs (e.g., projecting signs, window signs, overhang signs under building projections or street-oriented directory signs) as determined by the zoning administrator.

C.

Sign content shall be limited to the identification of the site or use (e.g., business name). In addition, references to generic product-types or services offered may be incorporated into window signs, awnings, freestanding sidewalk signs, or flags. Such signs shall be subject to design review approval.

D.

All signs for businesses not having any frontage on Main Street shall conform to the requirements set forth in the downtown Pleasanton design guidelines and this subsection. The total area of all signs facing any street shall not exceed one square foot for each linear front foot of business establishment on such a street; provided, that a business having less than 20 feet of frontage on a street shall be permitted up to 20 square feet of sign area.

1.

Any sign permitted under Table 1 Main Street Signs shall be allowed for businesses not having frontage on Main Street except as superseded by subsection (D)(2) or (D)(3) below.

2.

Residential properties lawfully converted to nonresidential uses shall be allowed one sign only and it shall be either a wall sign or a freestanding sign.

3.

Freestanding signs as allowed under this section shall conform to the following:

a.

Twelve square feet maximum size;

b.

Four feet maximum height;

c.

Sign must be placed parallel to the principal street frontage and set back from the street at least one-third the distance between the edge of the sidewalk nearest the existing structure and the place of the front façade of that structure;

d.

The base of the sign must be incorporated in a landscaped solution;

e.

The materials and colors used in the sign should be compatible with the materials and colors of the existing structure; and

f.

Illumination of the sign is prohibited.

Table 1

MAIN STREET SIGNS

The following signs shall be removed by the person in possession or control of the premises within 30 days of the effective date of the ordinance codified in this chapter:

A.

Any sign which has been maintained continuously for 60 or fewer days prior to the date of introduction of the ordinance codified in this chapter, except signs erected pursuant to a valid city approval. B.

Any sign constructed on or of paper or similar material, or by chalk, felt pen, tempera, grease pencil or similar medium.

C.

Any sign relating to an event which has been completed or which will be completed or commenced within 30 days.

D.

All signs relating to sales except signs relating to registered going-out-of-business sales are deemed to relate to events which have been or will be commenced or completed within 30 days and are temporary signs. (Prior code § 2-2.3415; Ord. 1225 §1, 1985)

A.

No person shall alter or materially change the appearance of any structure, portion of a structure, or sign, visible from a public street or way, nor shall any permit of such actions be issued without such person first having applied for and been issued a certificate of appropriateness by the zoning administrator. The zoning administrator may refer an application for a certificate of appropriateness to the planning commission for review and action if deemed necessary.

B.

Certificates shall be issued for all such proposed actions determined by the zoning administrator or planning commission to be consistent with the purpose of the district. The zoning administrator or planning commission shall be guided in their determination by the provisions of this chapter and the adopted downtown Pleasanton design guidelines. Certificates of appropriateness shall be in addition to and not in lieu of any other required permit.

(Prior code § 2-2.3416; Ord. 1225 § 1, 1985; Ord. 1586 § 6, 1993; Ord. 1656 § 1, 1995)

No person shall demolish or remove an existing structure, including a structure of primary or secondary significance, without first obtaining a certificate of appropriateness from the planning commission. Structures of primary or secondary significance are those determined to be so by the city council, from time to time, and adopted pursuant to the regulations governing adoption and changes in the downtown Pleasanton design guidelines. all applications for demolition permits shall be forwarded upon receipt by the chief building official to the planning commission. If the application for demolition is clear the property of a structure, which in the opinion of the chief building official could be subject to proceedings for the abatement of hazardous buildings under this code, then the applicant shall not be required to submit, with this application, materials sufficient to enable the planning commission to determine that the proposed future use including the design is consistent with the adopted guidelines. In all other cases the applicant shall submit material sufficient for such review. The commission has the authority to deny a certificate of appropriateness or to delay the issuance of the certificate in accordance with the standards set forth under Section 18.74.190 of this chapter. The commission may delay issuance for 90 days for a structure of secondary significance and 180 days for a structure of primary significance.

(Prior code § 2-2.3417; Ord. 1225 § 1, 1985; Ord. 1586 § 7, 1993)

Upon receipt of an application for a permit to demolish, the commission shall set a time and place for review and public hearing on the application and shall give the owner or applicant and all other persons who have indicated their interest in the application written notice. Such hearing shall be held not later than 30 days after receipt of the application by the commission. The commission shall issue a final decision not later than 15 days after closure of the public hearing. If the commission fails to hold the hearing or take final action within the time period specified or as extended by mutual agreement, the application shall be deemed to be approved. Whenever an application is so deemed approved it shall automatically be deemed appealed to the city council. The city council shall hear the appeal in accordance with the procedures set forth in this code for appeals. In case of a denial or delay, the commission shall state its reasons therefor in writing. In case of approval of the application, the commission shall issue a certificate of appropriateness.

(Prior code § 2-2.3418; Ord. 1225 § 1, 1985; Ord. 1586 §8, 1993)

If the commission finds that: (1) the proposed demolition of a structure would be inappropriate or inconsistent with the purposes of this chapter, or that (2) the proposed demolition would have an adverse effect on adjoining property, or on the built context, or that (3) the proposed future use and design of the property would be inconsistent with this chapter or the adopted guidelines, then the commission shall deny the certificate of appropriateness, unless the applicant establishes to the satisfaction of the commission that there is unnecessary hardship in the strict application of this chapter. To establish hardship, the applicant must show that no reasonable use of the property can be made unless the structure is demolished. The

applicant must also show that the hardship is the result of the application of the chapter and is not the result of any act or omission by the applicant or the applicant's predecessor in interest. If the commission finds that such unnecessary hardship exists, it shall approve the certificate of appropriateness unless the proposed demolition would alter the essential character of the built context. In such case, the commission shall delay issuance of the certificate for 180 days for structures of primary significance and 90 days for structures of secondary significance. During the delay period, the commission shall take such action as it deems

necessary to preserve the structure. Such action may include negotiations with civic groups, public or private agencies or individuals for the purchase, lease or relocation of the structure. The Commission may also suggest eminent domain proceedings be initiated by the city council.

(Prior code § 2-2.3419; Ord. 1225 § 1, 1985; Ord. 1586 § 9, 1993)

Every person in possession or control of a nonsingle-family residence structure and appurtenant premises in the district shall maintain and keep in good repair such structure and premises. Structures and appurtenant premises in good repair present no material variance in apparent condition from surrounding structures in compliance with these requirements. "Good repair" means and includes that level of maintenance and repair which: (1) clearly ensured the continued availability of such structure and premises for lawful reasonable uses; (2) prevents deterioration, dilapidation and decay of any exterior portion of such structure and premises; and (3) avoids impairment to surrounding structures of the benefits of the district.

(Prior code § 2-2.3420; Ord. 1225 § 1, 1985)

The following vehicle related uses of property and structures along Main Street within the district are not required to make reasonable use of such property or structures, are inconsistent with the architectural character and purpose of the district, and are prohibited:

A.

Vehicle ingress onto and egress from property and structures; B.

Parking lots or structures;

C.

On-site parking of vehicles closer than 50 feet to the Main Street property line. (Prior code § 2-2.3421; Ord. 1225 § 1, 1985)

Setback of structures from property lines along Main Street is prohibited. Setback of structures located elsewhere within the district is permitted and may be required in those cases where the zoning administrator finds that the architectural character of the district and the built context of the improvement will be enhanced while not depriving the owner of substantially all reasonable use of his or her property.

(Prior code § 2-2.3422; Ord. 1225 § 1, 1985; Ord. 1656 § 1, 1995)

Along façades on Main Street only, the zoning administrator may allow projections consistent with the adopted guidelines and may, where necessary to the design solution, allow such projections to turn the corner onto another façade. The zoning administrator may allow awnings anywhere in the district. With the exception of sign and building ornamentation as otherwise allowed under this chapter and of projections permitted by the zoning administrator under this section, no part of any structure may project onto or overhang the public right-of-way.

(Prior code § 2-2.3423; Ord. 1225 §1, 1985; Ord. 1656 § 1, 1995)

No building permit, license, certificate or other approval or entitlement shall be issued or given by the city or any department or employee thereof with respect to any matter subject to the provisions of this chapter except in strict conformity with the requirements of this chapter and none shall be issued or given until the time to appeal has run without appeal. No certificate of use and occupancy or similar approval shall be issued or given for any improvement subject to design review until the zoning administrator has certified that the improvement has been completed in accordance with the final architectural plan approved pursuant to this

chapter. Any permit, license, certificate or other approval or entitlement given in violation of this chapter is void.

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• (Ord. 2216 § 2, 2021; Prior code § 2-2.3424; Ord. 1225 § 1, 1985)

Chapter 18.76 H-P-D HILLSIDE PLANNED DEVELOPMENT DISTRICT (§ 18.76.010 – § 18.76.170)

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