Article II — Hillside Planned Development Permit

The purpose of the H-P-D permit is to assure that the intent and purpose of the hillside planned development district are effectuated.

(Prior code § 2-2.3209(a))

The terms and symbols used in this section shall have the following meanings:

"Base density"

means the number of dwelling units per gross acre as determined by Section 18.76.150(A).

"Contour interval"

means the difference in elevation between adjacent contour lines on a topographical or planimetric map. "I"

means the contour interval measured in feet.

"L"

means the summation of the length of all contour lines measured in feet.

"Open space"

means landscaped areas together with areas retained in their original state without enhancement by

landscaping, both of which are owned in common by the owners of the residential lots within a development. "Ridge"

means a connected series of major and minor hills.

"Ridgeline"

means a ground line located at the highest elevation of the ridge running parallel to the long axis of the ridge. "Weighted incremental slope (WIS)"

means a number assigned to a specific parcel of land for the purpose of determining its relative slope conditions and is determined according to the following formula:

(Prior code § 2-2.3209(b))

Following are the procedures for processing an application for an H-P-D permit:

A.

Review by Planning Commission. Upon receipt of the data required by Section 18.76.140, the planning commission shall hold a public hearing to consider the request for an H-P-D permit. The public hearing required by this section shall be given pursuant to the provisions of Government Code Section 65854. Following the public hearing, the planning commission may approve, conditionally approve, or disapprove the requested H-P-D permit. The decision of the planning commission shall be placed in resolution form and the reasons for the decision shall be specified therein. A copy of the resolution shall be transmitted to the city council and to the applicant as soon as possible after review by the planning commission. A synopsis of the planning commission's action and rationale shall be transmitted to the city council and the applicant where the planning commission's review will not occur until after the expiration of the appeal period specified in subsection E of this section; said synopsis shall be the unofficial report of the planning commissions pending receipt of the required resolution.

B.

Review by City Council. Upon receipt of a resolution from the planning commission recommending approval of an H-P-D permit, the city clerk shall schedule a public hearing before the council with notice of the time, date and place of public hearing being given, pursuant to Government Code Section 65854. Following the public hearing the council may approve, conditionally approve, or disapprove the H-P-D permit. In approving a permit, the council may modify the recommendations of the planning commission. In making its decision, the council shall be subject to the same requirements as are placed on the commission by this section. C.

Referral. Council may also refer the matter back to the planning commission for further report and recommendation. The planning commission shall not be required to hold a public hearing on a matter referred back to it, but shall submit its report and recommendation within 40 days after the reference; otherwise the proposed modifications shall be deemed approved.

D.

Denial by Planning Commission. If the planning commission recommends denial of an H-P-D permit application, no further action by the city council is necessary, unless the planning commission's decision is appealed to the city council by the applicant pursuant to the provisions of Section 18.144.020 of this title. (Prior code § 2-2.3209(c))

In recommending approval of, or in approving an H-P-D permit, the following findings must be made:

A.

The approval of the plan is in the best interests of the public health, safety and general welfare; B.

Off-site and on-site views of the ridges will not be substantially impaired. In determining which ridges are subject to this finding, the following criteria shall be used: the intents and purposes set forth in Section 18.76.010 of this chapter shall be followed;

C.

Any grading to be performed within the project boundaries takes into account the environmental characteristics of that property, including, but not limited to, prominent geological features, existing streambeds and significant tree cover, and is designed in keeping with the best engineering practices to avoid erosion, slides or flooding, to have as minimal an effect on said environment as possible;

D.

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

E.

Adequate fire safety measures have been incorporated into the design of the plan;

F.

The plan conforms to the purpose and intent of the hillside planned development district; and G.

The plan is consistent with the city's general plan.

(Prior code § 2-2.3209(d))

In the recommendation of approval and in the approval of an H-P-D permit, conditions may be imposed

which are deemed necessary to protect the public health, safety and general welfare in line with the standards set forth in this article.

(Prior code § 2-2.3209(e))

Any application for an H-P-D permit shall be accompanied by the following data prepared by a design team consisting of an architect, landscape architect and registered civil engineer:

A.

A site plan showing general locations of all streets, on-street and off-street parking, bicycle paths, riding trails, hiking trails, buildings and other manmade structures; typical elevations or perspective drawings sufficient to show building height, building materials, colors, and general design; perspective drawings showing the relationship after development of the proposed buildings and the topographic features of the site; and a table listing land coverages by percentage and acreage for the following: open space (intensely landscaped and natural) coverage by housing unit roof, parking (covered, open, off-street), streets, sidewalks, paths, recreational facilities;

B.

A topographical map showing existing contours and proposed lot lines, which may be integrated with the site plan described in subsection A of this section; the lot lines may be omitted if building locations on the site plan make proposed lot lines obvious;

C.

A topographical map at a scale not smaller than one inch equals 100 feet showing contour lines existing prior to grading at an interval of not more than 10 feet; 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, depths thereof in colors; and a slope classification map showing, in contrasting colors, all land which has less than a 10 percent slope, that land which has a slope between 10 percent and twenty percent, that land which has a slope between twenty percent and 25 percent, and all land which has a slope greater than 25 percent. The director of housing and community development, or his or her designated representative, may allow a reduction in the scale of the map or an increase in the contour interval when the size of a parcel or its terrain require such changes to make the map more meaningful;

D.

Profiles showing 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;

E.

The calculation of the WIS factor shall be prepared by a registered civil engineer or a licensed land surveyor, and the following criteria and procedure shall be used:

1.

The contour map shall have 10-foot contour intervals;

2.

The interval used in WIS calculation shall be two feet and interpolation of the contour intervals shall be made if required;

3.

Topographic map scale:

F.

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

G.

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

H.

A current preliminary soils and geological report prepared by a registered civil engineer and a registered geologist;

I.

A detailed landscaping plan showing the natural open space which will remain upon completion of development, all existing trees (and indicating which trees are scheduled for removal), and the precise boundaries of additional landscaping; the landscape plan shall include container size of all trees and shrubs, species of all plant material, irrigation system plan, street lighting, low level path lighting, street furniture and fencing materials, dimensions and locations;

J.

A statement in writing stipulating to the total number of bedrooms to be constructed; and

K.

The initial plan shall indicate the density allowed by subsection A of Section 18.76.150 and the location of the proposed units. Any request for density adjustments allowed by subsection B of Section 18.76.150 shall be shown on an alternate plan detailing the location of the additional units and amenities.

Notwithstanding the requirements of this subsection, an applicant for an H-P-D permit for the development of five or more acres, which development will occur in stages, may submit general information relating to

subsections A and I of this section for review by the planning commission. Precise and detailed plans setting forth the information required by these items shall be submitted to the planning commission for its review and approval prior to the approval of a tentative subdivision map, building permit or other construction authorized by the H-P-D permit.

(Prior code § 2-2.3209(f)

A.

Base Density. A base density for a piece of property shall be determined by the following:

Any WIS not shown in the table shall be determined by interpolation, using the graph set forth in Exhibit A of the ordinance codified in this chapter, and incorporated in this chapter by reference.

B.

Density Adjustments. The effectiveness of hillside development can be affected by a number of factors such as the physical characteristics of a specific parcel, the amount of landscaped and natural open space existing within a development, the existence of amenities within a development and the number of people who will reside in the hill area. Therefore, in order to encourage hillside developments which take into consideration the factors provided in this subsection, adjustments may be made in the base density in the recommendation for approval and approval of an H-P-D permit, pursuant to any of the following:

1.

The existence of open space beyond that required by Section 18.76.160;

2.

The existence of amenities or on-site or off-site improvements which are not normally found or required in residential developments;

3.

The existence of a mixture of housing types which provides a variation in the appearance of the development and allows a range of housing prices;

4.

The existence of landscaping of a type, size and quantity which exceeds that of a standard residential development;

5.

The existence of a topographical feature, including, but not limited to, a cliff or deep ravine, or extensive land area over 25 percent slope, of a magnitude which causes the WIS to be significantly greater than would be the case if the topographic feature was not considered; and

6.

The offer to and acceptance by the city of land in excess of the parkland dedication requirements of Chapter 17.46 of this code.

(Prior code § 2-2.3209(g))

The percentage of the parcel to be developed which must remain in open space and/or public parkland shall be a minimum of 25 percent plus one and one-half times the WIS factor. Public parkland shall include only those areas which are offered for dedication as public parks and which are accepted by the city. (Prior code § 2-2.3209(h))

A.

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.

B.

Restrictions. All areas indicated as natural open space on the approved development plan shall be undisturbed by grading, excavating, structures or otherwise except that riding trails, hiking trails, picnic areas, stables and similar amenities may be placed in natural open space pursuant to the approval of an H-P-D permit.

C.

Landscaping. The H-P-D permit shall include the planting of newly created banks or slopes for erosion control or to minimize their visual effect.

(Prior code § 2-2.3209(i))

Chapter 18.78 WEST FOOTHILL ROAD CORRIDOR OVERLAY DISTRICT (§ 18.78.010 – § 18.78.080)

The purpose of this chapter is to create a zoning overlay district with regulations which will implement the goals and policies of the general plan as they relate to maintaining the highly aesthetic, rural character of the Foothill Road corridor. This corridor is designated an "area of special concern" in the land use element, and the combination of residential densities allowed in the general plan is designed to form a complementary pattern of development and conservation which will provide Pleasanton with opportunities for custom homes, recreation, open space and preservation of the city's most visible resource. This zoning overlay district will assure that development along this corridor is consistent with the goals and policies of the general plan and thereby promotes and protects the health, safety, comfort, appearance and general welfare of the community. (Ord. 1468 § 1, 1990)

There is created a zoning overlay district known as the West Foothill Road corridor overlay district (hereinafter referred to as "district"), the boundaries of which are as follows:

All that land bounded as follows: Foothill Road on the east, the northern boundary of lands of East Bay Regional Park district approximately 1,500 feet south of Verona Road on the south, the 670-foot elevation contour line on the west except in the northwest corner where it shall be the property line betweens lands of Presley Homes and lands of Panganiban, and Dublin Canyon Road on the north excluding lands planned for commercial uses; all as more precisely shown on Exhibit A, attached to the ordinance codified in this chapter, and incorporated herein by reference, appearing on the maps following this chapter. (Ord. 1468 § 1, 1990)

A.

The regulations applicable to the district contained in this chapter are in addition to the regulations otherwise applicable to the area within the district; provided, however, that where regulations conflict, the provisions of this chapter shall control.

B.

In the event the underlying zoning of properties within the district is changed, this district shall remain in effect unless the rezoning action specifically removes the properties from this district. (Ord. 1468 § 1, 1990)

A.

All properties within the district which have approved PUD development plans, prior to the adoption of this district, shall be allowed to develop in accordance with the provisions of their development plans. To the extent those development plans require subsequent discretionary city approval, the city reviewing boards and commissions shall attempt to meet the spirit of this district's regulations in the context of allowing development in accordance with the approved PUD development plans.

B.

Existing lots of record as of the date of adoption of the ordinance codified in this chapter may be developed with structures in accordance with the regulations of the underlying zoning rather than within the regulations included in this district; however, the city reviewing boards and commissions shall attempt to meet the spirit of this district's regulations in the context of allowing structures to be built in accordance with the existing underlying zoning regulations.

(Ord. 1468 § 1, 1990)

The requirements of this district shall be implemented by city reviewing boards, commissions and officials, in conjunction with their review of projects otherwise required by this code. Review of projects shall include, but not be limited by, PUD development plans, design review, tentative subdivisions and building permits. The reviewing boards, commissions and officials may approve projects which do not comply with strict technical standards of this chapter upon making a finding that the design of the project as a whole is consistent with the highly aesthetic, rural character of the Foothill Road corridor.

(Ord. 1468 § 1, 1990)

The city council, following recommendations by the planning commission, may adopt by resolution design guidelines for the district. Such guidelines may be amended from time to time following the same procedure. city staff, boards and commissions shall adhere to the adopted guidelines in reviewing all applications for permits.

(Ord. 1468 § 1, 1990)

The following regulations shall apply to lots adjoining Foothill Road or any frontage road adjacent to Foothill Road, when feasible, in order to achieve the purposes of the district. These requirements shall apply to the first tier of lots along Foothill Road and shall not apply to lots located westerly of the first tier of lots:

A.

Lot Size Regulations. The minimum lot size shall be 30,000 square feet in area. Variation in lot sizes shall be encouraged. Lot width and depth shall be sufficient to allow the main building to be sited in a manner consistent with front and side yard setback and main structure separation requirements.

B.

Setback From Foothill Road. No structure shall be located closer than 150 feet to the westerly edge of the Foothill Road edge of pavement, back of curb, or back of curb as established by an approved alignment plan. C.

Side Yard Setbacks. Side yard setbacks shall be a minimum of 25 feet. Main structures with a building elevation facing Foothill Road of between 80 to 100 feet in width shall have side yard setbacks of a minimum

45 feet. Main structures wider than one hundred feet shall have minimum side yard setbacks of 75 feet.

D.

Main Structure Height. The maximum height for any structure shall be 30 feet, measured vertically from the lowest point of the structure to the highest point of the structure, excluding towers, spires, cupolas, chimneys and other such uninhabitable projections.

(Ord. 1468 § 1, 1990)

The following standards should be followed, when feasible, in any development within the district in order to achieve the purposes of this district:

A.

Open Space Between Lot Clusters. Lots created along Foothill Road, or any frontage road parallel to Foothill Road, shall be clustered such that natural open space a minimum of 200 feet in width shall separate clusters of lots. No more than three lots may exist in a cluster of lots.

B.

Prohibition on Foreridge Development. Building sites within lots shall not be allowed if they are located on or near ridges which do not have a background of Pleasanton or Main Ridges when viewed from Foothill Road. Landscaping in the form of mature trees may be an allowable background for such ridgeline sites if the decision-making body finds that the landscaping will preclude the structure from dominating the skyline as viewed from Foothill Road.

C.

Access/Frontage Improvements. Use of individual driveways intersecting directly onto Foothill Road should be prohibited; combined, common-access driveways serving more than one lot shall be encouraged. Use of frontage roads should be encouraged where topography, grading and similar considerations make such roadways feasible.

D.

Landscaping. Mature, native trees within the district shall be retained to the maximum extent feasible. Where feasible, mature oak and other native species should be relocated to grassland areas planned for development in order to soften the effect of new development with the corridor. New development

landscaping shall be predominantly native plant species in areas visible from Foothill Road, with lawn or turf areas in landscape schemes adjacent to Foothill Road either eliminated or hidden by native landscaping.

E.

Retaining Walls. Retaining walls visible from Foothill Road should be faced with materials compatible with the natural setting, such as natural stone or wood. Where feasible, retaining walls should be stepped.

Landscaping shall be incorporated to minimize adverse visual impacts, with planting in front of walls, within stepped recesses and/or overhanging the wall.

F.

Fencing. Open fencing shall be required, except that solid, privacy fencing may be allowed in areas of a lot not within required yard areas if it is screened with landscaping.

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(Ord. 2216 § 2, 2021; Ord. 1468 § 1, 1990)

Chapter 18.80 CORE AREA OVERLAY DISTRICT (§ 18.80.010 – § 18.80.070)

In order to encourage the efficient use of land consisting of parcels of unusual size and shape located in the core area of Pleasanton and to facilitate the development of smaller multi-family rental housing projects, this chapter provides modified development standards applicable to an identified area of the community designated the core area overlay district.

(Prior code § 2-2.3301)

The core area overlay district shall include the area designated "Area for Modified Housing Development Standards" on the map following this chapter and incorporated herein by reference. (Prior code § 2-2.3302)

The modified standards contained in this chapter shall apply only to multi-family or mixed multifamily/commercial and office projects containing 10 or less multi-family rental dwelling units. (Prior code § 2-2.3303)

The modified standards in this chapter shall apply to property zoned RM (multi-family residential) and C-C (central commercial) overlain by the core area overlay district. Except as modified in this chapter, all other regulations embodied in the underlying zoning of a subject property shall apply to its development. (Prior code § 2-2.3304)

A.

Yard requirements for property in an underlying RM district are as follows: 1.

Front, 15 feet minimum;

2.

Side, five feet minimum one side, 10 feet minimum both sides, 10 feet minimum for street side of corner lot; 3.

Rear, 10 feet minimum.

No structure shall exceed the height of a sloping plane 15 feet in height at the interior of the minimum required side or rear yard and sloping away from the side or rear property line five feet for each additional 15 feet in height.

B.

No yard requirements shall apply to property in the underlying C-C district. (Prior code § 2-2.3305(a))

Open space requirements for property in underlying RM and C-C Districts are as follows: A.

Private Open Space.

1.

For dwellings with one bedroom or less, 75 square feet of private open space per dwelling unit with a minimum dimension of five feet for aboveground decks of an upstairs unit and eight feet for ground-level areas.

2.

For dwellings with two or more bedrooms, 50 square feet per bedroom of private open space per dwelling unit with minimum dimensions as described in subsection(A)(1) of this section. 3.

All dimensions for private open space shall be subject to the provision of adequate light and air to adjacent properties.

B.

Group Space. There shall be no requirement for group open space in the core area overlay district for qualifying projects.

(Prior code § 2-2.3305(b); Ord. 2216 § 2, 2021) Off-street parking requirements for property in the underlying RM and C-C districts are as follows:

A.

Studio apartments, one space per dwelling unit;

B.

One and two bedroom apartments, one and one-half spaces per dwelling unit;

C.

Three or more bedroom apartments, two spaces per dwelling unit;

D.

No visitor parking in addition to the required number of spaces need be provided;

E.

In the underlying C-C district where residential and commercial or office uses are mixed, one bedroom and smaller dwelling units may provide one parking space per dwelling unit;

F.

All parking may be uncovered;

G.

All other relevant provisions of Section 18.88.040 shall apply to parking facilities provided in the Core Area Overlay district provided that in appropriate instances the zoning administrator may authorize minor reductions in dimension requirements.

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(Prior code § 2-2.44-5(c); Ord. 2216 § 2, 2021)

Chapter 18.81 ACTIVE GROUND-FLOOR OVERLAY DISTRICT (§ 18.81.010 – § 18.81.050)

In addition to the objectives prescribed in the underlying district, the active ground-floor overlay district is included in this title to achieve the following purposes:

A.

To provide a balanced physical environment conducive to pedestrian activity and a walkable street network; and

B.

To enable uses that support a vibrant, pedestrian-oriented experience throughout much of the day and evening and are a defining component of downtown Pleasanton.

(Ord. 2194 § 2, 2019; Ord. 222 § 1, 2021)

This district shall apply to all properties within the areas designated as active ground-floor overlay district within the downtown specific plan, except as modified by the following:

A.

The overlay shall not apply to tenant spaces with a storefront whose primary access is not from Main Street or another street designated with the overlay (as depicted in the Downtown Specific Plan Land Use Diagram).

B.

For buildings that have multiple tenant spaces, the requirements of the overlay shall only apply to the tenant spaces with frontage on Main Street or a street designated with the overlay (as depicted in the Downtown Specific Plan Land Use Diagram).

C.

All uses in a tenant space accommodating multiple uses shall meet the definition of active uses in Chapter 18.08 of this title.

(Ord. 2194 § 2, 2019; Ord. 2222 § 1, 2021)

All uses shall comply with the regulations prescribed in Chapter 18.44 of this title and the underlying district, except as otherwise described by this chapter.

(Ord. 2194 § 2, 2019; Ord. 2222 § 1, 2021)

A.

In response to an application for zoning certificate approval for tenant spaces subject to the active ground floor use overlay, and notwithstanding Chapter 18.12 of this title, the director of community development may request additional information to verify the proposed use is consistent with the intent and provisions of this chapter and related policies in the Downtown Specific Plan. This additional information may include, but is not limited to:

1.

A written narrative signed by the business owner, outlining proposed hours of operation and basic business operations including confirmation of a cash register or other point-of-sale system, and other details of the business operation to demonstrate compliance with this chapter, to the satisfaction of the director of community development.

2.

A dimensioned floor plan clearly identifying leased square footage for each use in tenant spaces

accommodating multiple uses. The director of community development may request a copy of the lease agreement to verify leased square footage.

(Ord. 2194 § 2, 2019; Ord. 2222 § 1, 2021)

A.

The director of community development or his or her designee may grant an exception to allow a non-active ground floor use within a tenant space or building, based on any of the following criteria:

1.

The lease for the existing use has ended and the existing use has been abandoned or discontinued for a period of at least six months. Evidence of attempts to lease space shall be provided to the director of community development and shall include all the following measures: (a) copies of posted advertisements or active listing; (b) date-and time-stamped photographs of "for lease" signage at the vacant space or storefront; and (c) other materials to demonstrate proactive marketing of the tenant space such as written correspondence with prospective tenants.

2.

The configuration of the tenant space is such that it would have a storefront frontage of less than 10 feet (as determined by the director of community development) on a designated active street.

The tenant is located in an existing, purpose-built building containing a bank or financial institution as its primary tenant/occupant.

B.

Notice of the director of community development's decision shall be provided to the planning commission and city council. Such decision is subject to appeal in accordance with the provisions of Chapter 18.144 of this title.

(Ord. 2222 § 1, 2021)

Chapter 18.82 SF SERVICE FACILITIES OVERLAY DISTRICT (§ 18.82.010 – § 18.82.040)

The purpose of this chapter is to provide locations, procedures and standards to facilitate the establishment of homeless shelters within the SF service facilities overlay district area.

The further purpose of this chapter is to comply with the requirements of Senate Bill 02 (2007) codified in

California Government Code Sections 65582, 65583 and 65589.5.

(Ord. 2061 § 2, 2013)

The SF service facilities overlay district shall include the area designated on the map in Exhibit A at the end of this chapter.

(Ord. 2061 § 2, 2013)

Within the SF service facilities overlay district all homeless shelters as defined in this title and that conform to the standards specified in this chapter, shall be a permitted use without a conditional use permit or other discretionary permit. Otherwise, all regulations of the underlying base district shall apply. For properties within the SF overlay district that have an approved PUD development plan, the uses and standards of the PUD shall apply, except that homeless shelters shall be a permitted use without a conditional use permit, or other discretionary permit.

(Ord. 2061 § 2, 2013)

A.

Permitted Use. Within the SF overlay district a homeless shelter that meets all of the standards provided in subsection B shall be approved ministerially with a zoning certificate, without discretionary review or a public hearing.

The application for a zoning certificate for a homeless shelter shall be submitted to the planning division and shall include:

a.

Plot plan (drawn to scale) showing the dimensions of the lot on which the homeless shelter will be located; the location and dimension of setbacks of all existing and proposed structures on the proposed site; all easements; building envelopes; and parking for the project site; and

b.

Floor plans of the entire structure or structures with each room dimensioned, the resulting floor area calculated for each room, and calculation of the total floor area. The use of each room shall be identified; and

c.

A homeless shelter management plan as required in subsection B of this section; and

d.

Any additional drawings or statements demonstrating compliance with the standards required by subsection B of this section.

2.

The zoning certificate shall document compliance of the homeless shelter with this chapter and shall be kept on file in the community development department for the duration of the operation of the homeless shelter.

B.

Required Standards for Homeless Shelters.

1.

Basic Development Standards. A homeless shelter shall conform to all property development standards of the zoning district in which it is located, except as modified by this section.

2.

Maximum Number of Beds. A homeless shelter shall contain a maximum of 50 beds to provide overnight accommodation for a maximum of 50 persons. In addition a homeless shelter shall not exceed a ratio of one bed for each 400 square feet of lot area.

3.

Off-Street Parking. A homeless shelter shall provide one parking space for each employee. Otherwise offstreet parking shall comply with all applicable provisions of Chapter 18.88 of this title.

4.

Length of Stay. No individual or family shall reside in a homeless shelter for more than 90 consecutive days. Extensions up to a total stay of 180 days may be provided if no alternative housing is available.

5.

Concentration of Use. A proposed shelter must be at least 250 feet from any other homeless shelter, however the maximum distance required between shelters may not exceed 300 feet.

6.

Exterior and Interior Client Areas and Facilities.

a.

The following facilities are required:

i.

A waiting and client intake area of not less than 10 square feet per bed;

ii.

A lockable storage facility for each resident;

iii.

Separate toilets and bathing facilities for men and women, unless shelter is limited to only one sex;

iv.

Central kitchen and dining room.

b.

The development may provide one or more of the following specific common facilities for the exclusive use of residents and staff:

i.

Recreation room;

ii.

Counseling center; iii. Childcare facilities; iv.

Other support services;

v.

Administrative office for staff;

vi.

If outdoor designated smoking area is provided it must be compliant with city smoking regulations pursuant to Chapter 9.24 and not visible from a public street; vii.

Outdoor activity areas, provided they are separate from any designated smoking area and not visible from a public street.

7.

Trash and Recycling Storage Area. All trash and refuse shall be contained completely within a trash enclosure and screened from view. The trash enclosure shall be sized to accommodate both trash and recycling containers.

8.

Provision of On-Site Management and Security. On-site management and on-site security shall be provided during the hours when the homeless shelter is in operation. The operator shall provide to the city (on an ongoing basis) a name and 24-hour contact telephone number for the person responsible for the facility.

9.

Noise. The use shall be conducted in compliance with the city noise regulations pursuant to Chapter 9.04. 10.

Lighting. For security purposes the use shall comply with the minimum lighting requirements for commercial buildings as provided in Chapter 20.36, and to the provisions of Section 18.44.070(D).

Homeless Shelter Management Plan. The operator of a homeless shelter shall prepare a management plan that includes, as applicable, the following: staff training to meet the needs of shelter residents; community outreach; adequate security measures to protect shelter residents and surrounding uses; services provided to assist residents with obtaining permanent shelter and income; active participation with the Alameda County Continuum of Care or equivalent; and screening of residents to ensure compatibility with services provided at or through the shelter.

12.

Food Service. All food service must comply with the requirements of the Alameda County department of environmental health, food safety division.

(Ord. 2061 § 2, 2013; Ord. 2155 § 3, 2017; Ord. 2277, 5/7/2024)

Chapter 18.84 SITE, YARD, BULK, USABLE OPEN SPACE AND LANDSCAPING REGULATIONS (§ 18.84.010 – § 18.84.270)

The zoning schedule provided in Table 18.84.010 located at the end of this chapter[1] prescribes the basic site, yard, bulk, usable open space and screening and landscaping regulations that shall apply in the districts as indicated in the schedule. These basic requirements are defined and supplemented by additional requirements and exceptions prescribed in subsequent sections of this chapter. Notwithstanding these requirements, accessory dwelling units shall meet the standards in Chapter 18.160, and housing developments, as defined therein, shall meet the standards in Chapter 18.101.

(Prior code § 2-5.34(a); Ord. 1250 §1, 1986; Ord. 2080 § 2, 2013; Ord. 2155 § 3, 2017; Ord. 2161 § 1, 2017; Ord. 2213 § 2, 2021; Ord. 2228 § 1, 2021)

[1]

Editor's Note: Said Table 18.84.010 is included as an attachment to this title.

A.

For properties zoned PUD, the basic site requirements shall be established in conjunction with the approval of the final development plan as set forth in Chapter 18.68.

B.

Properties in the C, MU, O and I districts may be subdivided for purposes of lease, sale or finance without regard to the basic site requirements for the applicable district when all of the following are met:

1.

The property either has been developed previously or has had project approval granted by the city;

2.

The development as built or as approved meets the basic requirements of this chapter, Chapters 18.88 and 18.92 of this title, as required by the applicable zoning district or as modified by appropriate city action;

3.

Appropriate access, off-street parking, and loading berths are provided to each lot in the subdivision through easements or other devices, said appropriateness to be determined by the city;

4.

Provision has been made to ensure maintenance of the access ways and other "public" areas in a manner acceptable to the city; and

5.

All buildings either proposed to be built or existing, shall meet the applicable provisions of the building and fire codes as determined by the city.

Any other conditions may be placed on such commercial or industrial subdivisions as may be necessary to protect the public health, safety and welfare.

(Prior code § 2-5.35(b); Ord. 2194 § 2, 2019)

A.

Required front, side and rear yards shall be measured as the minimum horizontal distance from the property line of the site or street right-of-way line to a line parallel thereto on the site; provided that where a specific street plan has been adopted by the city council, site area and required yards shall be measured from the plan line, and no provision of this chapter shall be construed to permit a structure or use to extend beyond such line; and provided further, that where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site.

B.

No site shall have less than 35 feet of frontage.

C.

On an irregular site, required yards shall be measured in the manner prescribed by the zoning administrator.

D.

On a lot having a width that exceeds its depth and which is served by an access corridor, the longer dimension may be considered the depth for purposes of measuring front, side and rear yards.

E.

The calculation of residential units based on dwelling units per acre of a site in a R-1, R-M, M-U, or C-C district shall be rounded down to the whole unit if under 0.9 and rounded up where 0.9 and over, provided that all other applicable yard, open space, bulk, and parking restrictions are met. (Prior code § 2-5.36(1); Ord. 2194 § 2, 2019; Ord. 2295, 7/15/2025)

A.

In the R-1-6,500, R-1-7,500, R-1-8,500 and R-1-10,000 districts, for each one-foot difference in elevation greater than 10 feet between points A and B as described in this chapter, the minimum required site area shall be increased by 10 percent except that a site in excess of 13,000 square feet shall not be required in the R-16,500 district, a site in excess of 15,000 square feet shall not be required in the R-1-7,500 district, a site in excess of seven-teen thousand square feet shall not be required in the R-1-8,500 district, and a site in excess of 20,000 square feet shall not be required in the R-1-10,000 district.

B.

In the R-1-20,000 and R-1-40,000 districts, for each one-foot difference in elevation greater than 20 feet between points A and B, as described in this chapter, the minimum required site area shall be increased by 10 percent.

C.

On any lot point A is a point at which either projected side lot line intersects the edge of the street pavement as shown on a preliminary or tentative subdivision map or on plans approved by the city engineer or the existing pavement or traveled way. Point B is a point on the lot on an arc 100 feet distant from point A with the greatest difference in natural grade.

D.

On a site having a difference in elevation of more than 10 feet between points A and B as described in this chapter, the natural grade shall not be disturbed or natural vegetation removed on more than 5,000 square feet if the site is in the R-1-10,000 district or more than 7,000 square feet if the site is in the R-1-20,000 or R- 1-40,000 districts, provided that vegetation other than trees more than six inches in diameter may be removed from additional area if replaced by planning of equal coverage and ground-holding ability, and provided that vegetation may be removed from additional area in accord with a plan approved by the board of design review to thin out excessively heavy growth in order to foster improved growth conditions, to remove diseased plant material, or to eliminate a hazardous condition.

E.

All properties placed in a hillside planned development (H-P-D) district shall be developed pursuant to the provisions of Chapter 18.76 of this title.

(Prior code § 2-5.36(2); Ord. 2000 § 1, 2009)

Corner lots shall have extra width in addition to the width prescribed in the zoning schedule at least equal to the width of the minimum interior side yard prescribed for a main structure in the district and in no case shall the lot be less than 80 feet.

(Prior code § 2-5.36(3))

In an R district, no site rearing on a freeway or railroad right-of-way shall have a depth of less than 130 feet.

(Prior code § 2-5.36(4))

A site having an area, frontage, width or depth less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and valid tentative subdivision map or a recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the effective date of the ordinance codified in this chapter, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for a permitted use or a conditional use in the district in which it is located but shall be subject to all other regulations for the district. (Prior code § 2-5.36(5))

In addition to the regulations prescribed in the zoning schedule of Section 18.84.010 of this chapter, the following regulations shall apply:

A.

The minimum front yard for a garage, carport or off-street parking space required to serve a dwelling in the R- 1-6,500, R-1-7,500, R-1-8,500, R-1-10,000, and RM districts shall be 23 feet in order to accommodate a car outside the garage, carport or parking space without encroaching upon the sidewalk, provided that where a garage or carport entered parallel to the street from which it has access, the front yard for the garage or carport may be 15 feet.

In the R-1-6,500, R-1-7,500, R-1-8,500 and R-1-10,000 zoning districts, the front yard setback shall be a minimum of 20 feet for those properties where it can be shown through city records to the satisfaction of the community development director that the home was initially constructed with a minimum of 20-foot front yard setback.

B.

Where sites comprising 40 percent of the frontage in an R district on a block are improved with buildings, the minimum front yard shall be the average of the minimum front yard depths for structures other than garages or carports on each developed site in the district on the block. In computing the average, a depth 10 feet greater than the minimum required front yard shall be used for any site having a greater yard depth. C.

cent of the frontage in an R district on a block are improved with buildings, the minimum front yard shall be the average of the minimum front yard depths for structures other than garages or carports on each developed site in the district on the block. In computing the average, a depth 10 feet greater than the minimum required front yard shall be used for any site having a greater yard depth. C.

No solid fence, brick and screen block walls, chainlink fence, hedge, or other screen planting in a required front yard in all zoning districts other than the R-1-20,000, R-1-40,000, and A districts shall exceed a height of 30 inches. Open fencing such as wrought iron, split rail, picket style, or other similar types of open fencing may be located in a required front yard, provided that the open fence maintains a maximum height of 42 inches. In conjunction with the open fence, a solid base of brick or split face block up to a height of 18 inches may be constructed so long as the total fence height does not exceed 42 inches, and decorative columns, caps, or pilasters up to a height of 48 inches, generally separated by a distance of six feet may be constructed. "Open picket style fencing" is defined as fencing which consists of narrow vertical boards, generally three inches to four inches in width, and with a minimum of 33 percent of the fence area being open.

Higher decorative structures or planting screens incorporated into an identifiable landscaping scheme may be located in a required front yard, provided that:

1.

No such structure or screen shall exceed six feet in height except decorative arched gateways, which may be a maximum of eight feet in height;

2.

The total linear dimensions of such structures and/or screens shall not exceed 20 percent of the lot frontage; and

3.

No structure on the property provided for herein shall occupy any easement for public utility purposes.

In addition, no structure or planting of any type shall pose a traffic sight obstruction as regulated in Section 18.84.110 of this chapter.

D.

No solid fence, chainlink fence, hedge, or other screen planting in a required front yard in the R-1-20,000, R- 1-40,000, or A district shall exceed a height of 30 inches, except that wrought iron, split rail, or other similar types of open fencing may be permitted by the zoning administrator. Such fencing shall be permitted if it meets the following criteria:

1.

The fence shall not exceed a height of six feet.

2.

Where such fencing crosses a driveway, it shall be set back a minimum of 20 feet from the face of curb.

3.

The fence shall be attractive and properly relate to the architecture of the residence and to its surrounding setting, as determined by the zoning administrator.

4.

In conjunction with the open fence, a solid base of brick or split face block up to a height of 24 inches may be constructed, and decorative columns, caps, or pilasters up to a height of 84 inches, generally separated by eight feet, may be constructed.

Higher decorative structures or planting screens incorporated into an identifiable landscaping scheme may be located in a required front yard, provided that:

E.

Where the main structure on a site encroaches into the required front yard, a fence in conformance with Section 18.84.090(G) of this chapter may occupy the required front yard, provided that the fence does not encroach any further into the required front yard than the main structure.

(Prior code § 2-5.37; Ord. 1296 § 1, 1987; Ord. 1322 § 1, 1987; Ord. 1862 § 1, 2002; Ord. 1884, 2003; Ord. 2000 § 1, 2009)

In addition to the regulations prescribed in the zoning schedule of this chapter, the following regulations shall apply:

A.

On the street side of a corner lot the side yard shall not be less than twice the depth of the minimum side yard prescribed for the district, except that a side yard in excess of the required front yard depth shall not be required, and a side yard less than 10 feet shall not be permitted.

B.

On a reversed corner lot the minimum rear yard may be not less than the minimum side yard prescribed for the district if the side yard adjoining the street is not less than the required front yard on the adjoining key lot, or 15 feet, whichever is greater.

C.

Where the side or rear lot line of the site of a use other than a residential use in a district other than an R district adjoins an R district, the minimum side or rear yard shall be 10 feet greater than the minimum yard

prescribed in the zoning schedule of this chapter; provided, that where the side or rear lot lines of a site in an I-G district adjoins an R district, the minimum side or rear yard shall be 50 feet.

D.

On the side street of a corner lot, the minimum side yard for a garage, carport, or off-street parking space required to serve a dwelling in an R district shall be 20 feet; provided, that if the garage, carport or off-street parking space is entered parallel to the street, the minimum side yard shall be the same as the side yard otherwise required on the site.

E.

At the time of the initial construction, principal structures in the R-1-8,500, R-1-7,500, R-1-6,500 and RM4,000 districts may encroach into otherwise required rear yards to within 15 feet of the rear lot line; provided, that there remains a single unobstructed open space with an area equal to 120 percent of the area obtained by multiplying the required rear yard dimension by the minimum lot width prescribed for these zoning districts. This unobstructed open area may be located in a side yard and/or in the area between the principal structure and the rear lot line and shall have a minimum dimension of not less than 15 feet.

Additions to principal structures in the R-1-8,500, R-1-7,500, R-1-6,500 and RM-4,000 districts may encroach into otherwise required rear yards to within 15 feet of the rear lot line, provided that there remains a single unobstructed open space with an area equal to 80 percent of the area obtained by multiplying the required rear yard dimension by the minimum lot width prescribed for these zoning districts. This unobstructed area may be located in a side yard and/or in the area between the principal structure and the rear lot line and shall have a minimum dimension of not less than 15 feet.

No structure referred to in this section projecting into the required rear yard shall exceed one story in height. F.

Fences, walls, and hedges not over six feet in height, walks, driveways and retaining walls may occupy a required side or rear yard, except that solid fences, walls, and hedges in the side yard on the street side of a corner lot may not exceed a height of 30 inches, and open fencing, such as wrought iron, split rail, picket style, or other similar types of open fencing, may not exceed a maximum height of 42 inches. In conjunction with the open fence, a solid base of brick or split face block up to a height of 18 inches may be constructed so long as the total fence height does not exceed 42 inches, and decorative columns, caps, or pilasters up to a height of 48 inches, generally separated by a distance of six feet may be constructed. "Open picket style fencing" is defined as fencing which consists of narrow vertical boards, generally three inches to four inches in width, with at least 33 percent of the fence area being open to view. No such structure or hedge shall pose a traffic sight obstruction. In the C-S, C-A, I-P and I-G districts, fences as high as eight feet may be allowed in conjunction with outdoor storage areas. The upper two feet of such fences may contain barbed wire.

Permission of the zoning administrator shall be required for such over height fences and may be denied if the zoning administrator determines the appearance of such fencing would conflict with the purposes of this title or if such fencing would be detrimental to the public health or general welfare.

In the R-1-6,500 and R-1-7,500 districts, fences, walls and hedges not over six feet in height may be located to within five feet of the side property line on the street side of a corner lot between the rear property line and a point set back 15 feet from the front corner of the residence closest to the side street. G.

Fences, walls and hedges greater than six feet but not over eight feet in height may occupy a required side or rear yard upon approval by the zoning administrator. 1.

Application for an over height fence, wall or hedge pursuant to this subsection shall be made with the zoning administrator and shall be subject to design review.

The zoning administrator may require noticing up to 300 feet from the property lines in order to continue processing the design review application. If the determination to notice the application is made, it may be subject to a zoning administrator hearing.

3.

If a zoning administrator hearing is conducted, the zoning administrator may approve, conditionally approve, or deny the application and shall find that the application:

a.

Conforms to the objectives of this title;

b.

Assists in providing privacy, in attenuating sound transmission, and/or in reducing other annoyance from neighboring properties; and

c.

Does not significantly impact upon the aesthetics and safety of the neighborhood nor the light and air to all affected properties.

4.

The zoning administrator's decision may be appealed to the planning commission. (Prior code § 2-5.38; Ord. 1124 § 1, 1984; Ord. 1182 § 1, 1985; Ord. 1194 § 1, 1985; Ord. 1266 § 1, 1986; Ord. 1656 § 1, 1995; Ord. 1862 § 1, 2002; Ord. 1994 § 2, 2009; Ord. 2216 § 2, 2021)

In addition to the yards prescribed in Section 18.84.010 of this chapter, the following regulations shall apply:

A.

In a R-1 district, at the time of initial construction, main structures two stories or greater in height shall be separated by a distance of at least 20 feet; provided, however, portions of two structures, only one of which is two stories or greater in height, shall be separated by at least 17 feet. For structures with upper floors set in or out from lower floors, separation shall be measured separately from each story. Additions to the main structure may be constructed with the same separation as the existing first floor, provided that the addition does not encroach any farther into the separation than the existing main structure. All additions to the main structure which exceed 10 feet in height shall be subject to design review pursuant to Section 18.20.010 of this title. Accessory structures two stories or greater in height shall be separated by a distance of at least 20 feet from any structure two stories or greater in height; accessory structures two stories or greater in height shall be separated by a distance of at least 17 feet from one-story structures. For purposes of this section, separation shall be measured from the wall of one structure to the wall of the other structure excluding architectural projections.

B.

In an RM district, no structure shall exceed the height of a sloping plane 15 feet in height at the interior of the minimum required side yard prescribed in Table 18.84.010 of this chapter[1], and sloping away from the side property line five feet for each additional 15 feet in height.

[1]

Editor's Note: Said Table 18.84.010 is included as an attachment to this Title.

C.

In an R district, the distance between a main structure and an accessory structure on the same site shall not be less than six feet, except that accessory structures in the rear yards or in one side yard may be closer than six feet if all the requirements of the building and fire code are met and if such structures are not closer than three feet to any side or rear property line.

==> picture [519 x 466] intentionally omitted <==

Figure 18.84.100

(Prior code § 2-5.39; Ord. 1240 § 1, 1986; Ord. 1249 § 1, 1986; Ord. 2038 § 1, 2012)

Except in a C-C or MU district, on a corner lot, no solid fence, wall, hedge, or other obstruction, except the natural grade of a site, within a triangular area formed by the street property lines and a line connecting points on the property lines 25 feet from the street intersection shall exceed a height of 30 inches above established

grade or an open fence up to a height of 42 inches above established grade at the edge of the street pavement or traveled way if plans have not been approved, provided that trees pruned up to eight feet above the street grade shall be permitted.

(Prior code § 2-5.40; Ord. 1862 § 1, 2002; Ord. 2194 § 2, 2019)

A.

Architectural Projections. Architectural projections, including eaves, awnings, louvers, and similar shading devices; sills, belt courses, cornices, and similar features; and flues and chimneys may project not more than four feet into a required front yard, rear yard, or side yard on the street side of a corner lot, and not more than two feet into any other required yard, provided that the distance between an architectural projection and side or rear property line shall not be less than three feet.

B.

Oriel or Bay Windows. Oriel or bay windows may project not more than three feet into a required front yard, rear yard, or side yard on the street side of a corner lot, provided that the aggregate width of oriel or bay windows shall not exceed 50 percent of the length of the wall in which they are located, and the width of any individual oriel or bay window shall not exceed 10 feet.

C.

Porches and Steps. Unroofed porches, steps, decks, and terraces may come to a point not closer than 12 feet to a front property line, or may project not more than eight feet into a required front yard or side yard on the street side of a corner lot, or to a point not closer than three feet to an interior side or rear property line, provided that the height, including railings, shall not exceed six feet above the grade of the ground at the property line.

D.

Balconies over Six Feet Aboveground. Balconies, decks, terraces, and other similar unroofed structures at a height, including railing, more than six feet above the level at which a yard must be provided, may project not more than eight feet into a required front yard or rear yard and five feet into any other required yard, provided that they shall not reduce any yard to less than five feet except on the street side of a corner lot. Such structures shall be cantilevered or supported only by necessary columns. A balcony or deck projecting from a higher story may extend over a lower balcony or deck.

may project not more than eight feet into a required front yard or rear yard and five feet into any other required yard, provided that they shall not reduce any yard to less than five feet except on the street side of a corner lot. Such structures shall be cantilevered or supported only by necessary columns. A balcony or deck projecting from a higher story may extend over a lower balcony or deck.

E.

Open Stairways. Open, unenclosed fire escapes and fireproof outside stairways may project into any required yard not more than four feet, provided that no yard shall be reduced to less than three feet. F.

Covered Front Porches And Covered Patios. Covered front porches attached to a main structure may come to a point not closer than 12 feet from the front property line, provided that the covered front porch is designed to be an integral part of the home, is open on three sides, has a minimum depth of eight feet, and has a minimum width of 10 feet. Porch eaves shall project no more than an additional 24 inches into the required front and/or side yard setback areas.

Covered patios attached to a main structure and enclosed on more than one side may project not more than eight feet into a required rear yard and five feet into a required side yard within 35 feet of the rear lot line, provided that the required side yard shall not be reduced to less than five feet. Covered patios attached to a main structure and open on three sides may come to within five feet of the rear property line and three feet from the side property lines of the property within any residential zone.

G.

Underground Structures. Covered underground structures may project without limit into any required yard, provided that they shall not have a height of more than two and one-half feet and provided that their surfaces are landscaped.

(Prior code § 2-5.41; Ord. 1244 § 1, 1986; Ord. 1876 § 1, 2003)

Projections into public rights-of-way shall be regulated by the building code and by Chapter 18.96 of this title, except that in a C-C or MU district a balcony, oriel window, arcade, or other projection may extend over a sidewalk, provided that the horizontal distance between the curb and the nearest face of the structure shall be at least two feet, the clear vertical height under the projection shall be at least 12 feet, and the clear horizontal distance between the property line and any supporting structure shall be at least seven feet. At least 85 percent of the area and 85 percent of the length of a vertical plane through a line of supporting columns shall be open and free of obstructions. Space over a public right-of-way permitted by this section may be enclosed and may be occupied by a permitted use or a conditional use and shall be included in

computing basic floor area if enclosed. Supports located in a public right-of-way shall be subject to the provisions of Chapter 13.04 of this code.

(Prior code § 2-5.42; Ord. 2194 § 2, 2019)

Except as otherwise noted in this chapter, the height of a structure shall be measured vertically from the average elevation of the natural grade or finished grade, whichever is lower, of the ground covered by the structure to the highest point of the structure including parapet or to the coping of a flat roof, to the deck line of a mansard roof, or to the mean height between eaves and ridges for a hip, gable, or gambrel roof. The height of an accessory structure shall be measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure, including parapet. The height of a fence or a wall used as a fence shall be measured from the higher finished grade adjoining the fence or wall. The average height of a wall of a structure shall be deemed the height of the wall.

(Prior code § 2-5.43(1); Ord. 2038 § 1, 2012; Ord. 2194 § 2, 2019)

A.

Architectural building elements such as towers, cupolas, and similar structures, and appurtenances such as spires, chimneys, elevator and stairway enclosures, building-mounted flagpoles, screens for rooftop equipment, and similar structures covering not more than 10% of the ground area covered by the structure may be erected to a height of not more 15 feet above the height limit prescribed by the regulations for the district in which the site is located, with design review approval specified under Chapter 18.20 of this title.

B.

Except as otherwise allowed by this title, subject to design review approval specified under Chapter 18.20 of this title, freestanding appurtenant structures such as water tanks, fire towers, flagpoles, monuments, and similar structures; residential radio and television aerials and antennas; receive-only antennas; may be erected to a height of not more than 65 feet or not more than 25 feet above the height limit prescribed by the regulations for the district in which the site is located, whichever is less.

C.

The height and location of commercial radio and television aerials, antennas, and transmission towers shall be subject to design review approval specified under Chapter 18.20 of this title, and shall be based on a visual analysis demonstrating that views of the aerial/antenna/tower are minimized or are substantially screened from residential land uses, the I-580 and/or I-680 rights-of-way, or other sensitive land uses such as parks, schools, or major streets, and shall be based on an engineering analysis justifying the height of the proposed aerial/antenna/tower. Any parabolic dish mounted on the aerial/antenna/tower shall be less than two feet in diameter. The base of the aerial/antenna/tower and any switching facility located at the base that is visible to the public shall be architecturally treated and/or screened from view utilizing on-and/or off-site vegetation or other approved screening mechanism.

D.

Wire-carrying power distribution poles and transmission towers and communication poles located in any zoning district shall not be subject to the height limits prescribed in the district regulations. E.

For innovation-based businesses in the C-R(p), O, I-P, I-G, PUD-C (Johnson Drive Economic Development Zone Area only), PUD-C-O, PUD-I, PUD-I/C-O, and PUD-MU Districts, the maximum height for new buildings shall be:

85 feet for uses located in the C-R(p) District and PUD-C District (Johnson Drive Economic Development Zone only).

55 feet for uses located in the O, I-P, I-G, PUD-C-O, PUD-I, PUD-I/C-O, and PUD-MU Districts.

An additional 15 feet of building height shall be permitted to accommodate screening of all roof-mounted building systems, antennae, and any other non-architectural roof features.

4.

For buildings over 40 feet in height, the development of a pedestrian scale shall be required through the manipulation of building mass, detailing of the building facade(s), and landscape planting to the satisfaction of the zoning administrator.

5.

For buildings over 40 feet in height that are adjacent to or within proximity to existing residential and/or other similar sensitive receptor uses, all levels beyond the second level on the sides of the building facing or adjacent to the existing residential and/or other similar sensitive receptor uses shall be setback from the wall planes of the lower levels to the satisfaction of the zoning administrator.

F.

For innovation-based businesses in the Hacienda PUD Area, the maximum height for new buildings shall be:

1.

85 feet, five inches on those parcels in which this maximum height is already allowed by the PUD.

2.

45 feet on those parcels in which this maximum height is already allowed by the PUD.

3.

55 feet on those parcels in which this maximum height is already allowed by the PUD.

4.

Additional building height shall be permitted on a case-by-case basis to accommodate screening of all roofmounted building systems, antennae, and any other non-architectural roof features as determined by the zoning administrator.

5.

For buildings over 40 feet in height, the development of a pedestrian scale shall be required through the manipulation of building mass, detailing of the building facade(s), and landscape planting to the satisfaction of the zoning administrator.

6.

For buildings over 40 feet in height that are adjacent to or within proximity to existing residential and/or other similar sensitive receptor uses, all levels beyond the second level on the sides of the building facing or adjacent to the existing residential and/or other similar sensitive receptor uses shall be setback from the wall planes of the lower levels to the satisfaction of the zoning administrator.

(Prior code § 2-5.43(2); Ord. 1600 § 2, 1993; Ord. 1743, 1998; Ord. 1821 § 1, 2001; Ord. 2080 § 2, 2013; Ord. 2194 § 2, 2019; Ord. 2213 § 2, 2021; Ord. 2297, 9/16/2025)

A.

In an R district, Class I and Class II accessory structures may be located in a required rear yard or a required interior side yard within 35 feet of the rear lot line, provided that the distances to lot lines shall not be less than prescribed in Section 18.84.010 of this chapter, except that Class II accessory structures may be constructed to the property line, but not attached to the fence, and provided that in the aggregate no more than 500 square feet or 10 percent of the area of the required rear yard, whichever is greater, shall be covered by structures other than garages or carports in an RM-2,500, RM-2,000 or RM-1,500 district. Accessory structures located in required side or rear yards shall not be closer to a main structure or any other accessory structure than the distance prescribed in Section 18.84.100 of this chapter. The minimum distance between an accessory structure containing a habitable room and a side or rear lot line shall be the same as the minimum required side yard for a main structure on the same site.

B.

An accessory structure located not closer to a property line than the distance required for a main structure on the same site may adjoin or may be separated from a main structure, provided that if directly opposite walls in either structure have a main entrance to a dwelling unit or a window opening into a habitable room, the space between the structures shall be as prescribed in Section 18.84.100 of this chapter.

C.

No accessory structure shall be located either within a front yard or, unless adequately screened from view from the street as determined by the zoning administrator within the area between the front yard and the front of a structure in an R district.

D.

Swimming pools shall comply with the applicable Class II accessory structure regulations of this title and in addition shall be subject to the requirements of Chapter 20.55 of this code.

E.

Accessory dwelling units shall comply with the regulations in Chapter 18.106 of this title.

F.

Accessory structures exceeding 10 feet in height shall be subject to design review pursuant to Section 18.20.010 of this title.

G.

Location Standards for Pools and Spas.

1.

Pool water line shall not encroach into a required front yard or be placed closer than five feet to a rear or interior side property line or 10 feet to a street side property line, except that the pool water line for cordconnected, aboveground (portable) spas shall not encroach into a required front yard or be placed closer than three feet to a rear or interior side property line or 10 feet to a street side property line.

2.

Pool walls placed closer than five feet to a structure shall require investigation and written approval by a licensed civil engineer. A copy of this investigation and approval shall be furnished to the administrative authority prior to issuance of a pool permit.

3.

Pool equipment may be located within the boundaries of the site in which the pool is located without regard to setback except that equipment shall not be located within required front yards nor within the required side yard of the street side of a corner lot unless said equipment is located on the interior side of a fence as allowed in conformance with Title 18 of this code of the city. Where pool equipment is located within a required side yard adjacent to a main structure, a minimum three-foot clearance shall be maintained between said equipment installation and the corresponding side property line.

(Prior code § 2-5.44; Ord. 1150 § 1, 1984; Ord. 1656 § 1, 1995; Ord. 1812, 2000; Ord. 2038 § 1, 2012; Ord. 2161 § 1, 2017; Ord. 2192 § 2, 2019)

A.

Each dwelling unit in the RM, C-C and MU districts shall have group or private usable open space as prescribed in the zoning schedule codified in Table 18.84.010 of this chapter[1], provided that in the RM district each dwelling unit shall have private usable open space of at least the minimum area specified by subsection C of this section. Group and private usable open space may be combined to meet the requirements. Each square foot of private usable open space shall be considered equivalent to two square feet of group usable open space and may be so substituted. All required usable open space shall be planted area, or shall have a dust-free surface, or shall be water surface, provided that not less than 10 percent of the required group usable open space at ground level shall be landscaped with trees and other plant materials

suitable for ornamentation. No required usable open space shall be located in a parking area, driveway, service area, or required front yard, or shall have a slope greater than 10 percent.

[1]

Editor's Note: Said Table 18.84.010 is included as an attachment to this Title.

B.

Group usable open space shall have a minimum area of 300 square feet and a rectangle inscribed within it shall have no dimension less than 15 feet. Required usable open space may be located on the roof of an attached garage or carport, but not more than 20 percent of the required space shall be located on the roof of a building containing habitable rooms.

C.

Private usable open space located at ground level shall have a minimum area of 150 square feet and a rectangle inscribed within it shall have no dimension less than 10 feet. The minimum area of abovegroundlevel space shall be 50 square feet and a rectangle inscribed within it shall have no dimension less than five feet. Private usable open space shall be adjacent to, and not more than four feet above or below the floor level of the dwelling unit served. Not more than 50 percent of ground-level space may be covered by an overhang, balcony, or patio roof. Aboveground-level space shall have at least one exterior side open above railing height.

D.

Private, ground-level, usable open space on the street side of a structure shall be screened from the street. E.

Usable open space shall be permanently maintained by the owner in orderly condition. (Prior code § 2-5.45; Ord. 2194 § 2, 2019)

Except as otherwise required by the provisions of this chapter, screening shall consist of a solid wall or fence, vinecovered fence, or compact evergreen hedge. Hedge material used as screening shall be not less than three feet in height when planted and shall not be permitted to exceed the specified height by more than one and one-half feet. Where buffers or trees are required, they shall have a mature height of not less than 12 feet and shall be planted not more than 20 feet apart. All screening and landscaping shall be permanently maintained in orderly condition by the owner. Plant materials shall be watered, weeded, pruned and replaced as necessary to screen or ornament the site. A permanent irrigation system shall be provided.

(Prior code § 2-5.46(1))

In an R district an open parking facility for more than five cars or a loading area shall be screened from properties in an R district adjoining or directly across a street or alley. In a district other than an R district an open parking facility or a loading area shall be screened from an R district adjoining or directly across a street or alley. Screening shall be six feet in height, except that screening to protect properties across a street may be not less than four feet in height.

(Prior code §2-5.46(2))

Where the site of a dwelling other than one-family dwelling or a duplex adjoins an R-1 district, screening six feet in height shall be located adjoining the property line. Where the site of a use other than a dwelling adjoins an R-1 district, screening six feet in height shall be located adjoining the property line, and an area 10 feet in depth adjoining the property line shall be landscaped with plant materials, including a buffer of trees. (Prior code § 2-5.46(3))

Where the site of a use other than a dwelling adjoins an RM district screening six feet in height shall be located adjoining the property line and an area with plant materials, including a buffer of trees. (Prior code § 2-5.46(4))

A use not conducted within a completely enclosed structure shall have screening of a height specified by the zoning administrator if located in an I-P district or in a C or I district adjoining or opposite across a street or

alley from an R district or if located in C-S or I district adjoining or opposite across a street from an O, C-N, C- C, MU, C-R or P district, unless the zoning administrator finds that topographic or other physical conditions or the characteristics of the use make screening unnecessary or ineffective for protection of the adjoining or opposite district.

(Prior code § 2-5.46(5); Ord. 1656 § 1, 1995; Ord. 2194 § 2, 2019)

In an O, C-N, C-C, MU, I-P, or P district, not less than five percent of the area with a line drawn around the outer edges of the area occupied by vehicles shall be landscaped with trees and other plant materials suitable for ornamentation. Landscaped areas shall be distributed throughout the parking area. In addition, a landscaped area not less than five feet in depth shall be located at the property lines adjoining the street frontages of the site except for necessary drives and walks.

(Prior code § 2-5.46(6); Ord. 2194 § 2, 2019)

Where a trailer park adjoins a street, an area 20 feet in depth except for necessary drives and walks shall be landscaped with materials suitable for ensuring privacy and ornamenting the site.

(Prior code § 2-5.46(7))

In an O or an I-P district the required front yard and required side yard on the street side of a comer lot except for the area occupied by necessary drives and walks, shall be landscaped with trees and other plant materials suitable for ornamentation.

(Prior code § 2-5.46(8))

Landscaped buffers required by Chapter 18.52 of this title, shall include an earth berm, having a crest not less than 10 feet above natural grade at the boundary of the Q district, unless the zoning administrator finds that the berm is not necessary for sight or sound buffering. The entire buffer shall be planted with trees and other materials to effectively prevent transmission of noise and dust and growth of weeds. Planting in the portion of the buffer within 50 feet of the protective fence required by Chapter 18.52 shall consist of closely spaced trees and shrubs attaining a height of at least 20 feet, with evergreen foliage sufficient to completely screen extraction operations from view.

(Prior code § 2-5.46(9); Ord. 1656 § 1, 1995)

A.

Except as specified in a use permit authorizing a conditional use, no truck or bus larger than one-ton capacity and no trailer longer than 25 feet shall be parked or stored on a site.

B.

No off-street parking space provided in compliance with Chapter 18.88 of this title shall be located in a required front yard or in a required side yard on the street side of a corner lot. C.

Except as specified in a use permit authorizing a conditional use, no more than one vehicle, other than automobiles, shall be stored on a site in an R-1 or RM-4,000 district, except in an enclosed garage.

D.

No vehicle shall be parked or stored except in conformity with the requirements of Section 18.84.110 of this chapter.

E.

No trailer, camper or boat shall be parked or stored in a front yard; provided, however, that in addition, a trailer, camper or boat may not be parked or stored in the side-street side yard of a corner lot. F.

No trailer, camper or boat shall be parked or stored in the area between the front yard and the front of a structure or in a side yard, unless adequately screened from view from the street as determined by the zoning administrator.

(Prior code § 2-5.47; Ord. 1656 § 1, 1995)

Chapter 18.86 REASONABLE ACCOMMODATION (§ 18.86.010 – § 18.86.090)

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act, the California Fair Employment and Housing Act, and the California Unruh Civil Rights Act (hereinafter "Fair Housing Laws" or "Laws") in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. 2060 § 2, 2013)

Persons protected under the Fair Housing Laws may request reasonable accommodations when the strict application of the zoning regulations acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the laws. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability the equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 18.86.040

(Requesting reasonable accommodation).

Modifications requested under this chapter shall apply only to residential properties and may be applied to both single dwelling units and multi-family units.

(Ord. 2060 § 2, 2013)

A.

Director of Community Development. Requests for reasonable accommodation shall be reviewed by the director of community development or designee (collectively hereafter the director) if no approval is sought other than the request for reasonable accommodation.

B.

Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

(Ord. 2060 § 2, 2013)

A.

A request for reasonable accommodation shall be filed on the application form provided by the community development department except, if necessary to ensure accessibility, the applicant may request an alternative format. The applicant may be the person with the disability or his or her representative. The application shall be signed by the owner of the property and shall provide the following information:

1.

The applicant's name, address and telephone number.

2.

Address of the property for which the request is being made.

3.

The current actual use of the property.

4.

The basis for the claim that the individual is considered disabled under the Fair Housing Laws.

The zoning code provision, regulation or policy from which reasonable accommodation is being requested.

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual. B.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to: conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection A for concurrent review with the application for discretionary approval. C.

If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to: conditional use permit, design review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by subsection A for concurrent review with the application for discretionary approval. C.

If an individual needs assistance in making the request for reasonable accommodation the department shall provide the assistance necessary to ensure that the process is accessible to the applicant. (Ord. 2060 § 2, 2013)

A.

Director Review. The director shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 18.86.060 (Findings and decision).

B.

Other Reviewing Authority. A written determination on whether to grant, grant with modifications or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination regarding the request for reasonable accommodation shall be made in accordance with Section 18.86.060 (Findings and decision).

(Ord. 2060 § 2, 2013)

A.

Findings. The written decision regarding a request for reasonable accommodation will be consistent with the Fair Housing Laws and shall be based on consideration of the following factors:

1.

Whether the housing, which is the subject of the request, will be used by an individual disabled under the Fair Housing Laws.

2.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Fair Housing Laws.

3.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.

4.

Physical attributes of the property and structures.

5.

Alternative reasonable accommodations which may provide an equivalent level of benefit. B.

Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A.

(Ord. 2060 § 2, 2013; Ord. 2277, 5/7/2024)

If there is a determination to deny a request, the director shall discuss with applicant whether there is an alternative accommodation that would effectively address the applicant's disability-related needs. Such

discussion of alternatives is an interactive process with director and applicant, but still allows for an immediate appeal of the decision as provided in Section 18.86.070, and any such alternative may also require approval by other reviewing authority as provided in Section 18.86.050(B).

(Ord. 2060 § 2, 2013)

A determination regarding a request for reasonable accommodation may be appealed as provided in Chapter 18.144 (Appeals) of this title.

(Ord. 2060 § 2, 2013)

Any approval or conditional approval of an application under this chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. 2060 § 2, 2013)

Chapter 18.88 OFF-STREET PARKING FACILITIES (§ 18.88.010 – § 18.88.130)

In order to alleviate progressively or to prevent traffic congestion and shortage of curb spaces, off-street parking facilities shall be provided incidental to new uses and major alterations and enlargements of existing uses. The number of parking spaces prescribed in this chapter or to be prescribed by the zoning administrator shall be in proportion to the need for such facilities created by the particular type of land use. Off-street parking areas are to be laid out in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. (Prior code § 2-9.14; Ord. 2089 § 2, 2014)

A.

Unless otherwise provided in state law or this chapter, at the time of initial occupancy, major alteration, or enlargement of sites, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street parking facilities for automobiles in accordance with the schedule of off-street parking space requirements prescribed in Section 18.88.030 of this chapter. Except as modified in subsection D of this section, the terms "major alteration" or "enlargement" shall mean a change of use or an addition which would increase the number of parking spaces required by not less than 10 percent of the total number required. The number of parking spaces provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the preexisting number is greater than the number prescribed in Section 18.88.030 of this chapter, in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement.

B.

For a use not specified in Section 18.88.030 of this chapter, the number of off-street parking spaces required shall be determined by the zoning administrator, based upon an analysis of other jurisdictions' experiences with that type of use or upon an analysis of similar uses specified in Section 18.88.030 of this chapter. C.

For property zoned C-C, MU, or O and located within the downtown revitalization district as shown in Chapter 18.74 of this title, the following requirements shall modify the basic requirements of subsection A of this section:

1.

A change of use shall not constitute a "major alteration" or "enlargement" if the age of the building in which the use is located is greater than five years, according to city records.

When a certificate of appropriateness is approved for demolition of a commercial structure, or design review approval is given to a new commercial structure replacing one which was destroyed by fire, earthquake, act of God, the public enemy, or other calamity, the replacement structure shall receive a parking credit for the floor area of the original structure when one of the following is met, at the discretion of the approving body: (a) the approving body determines that the replacement structure would have the same architectural style as the original structure in terms of design, materials, massing, and detailing; or (b) the approving body determines that the replacement structure will be an architectural improvement compared to the existing structure and will preserve or enhance the overall character of the area. Additional floor area of the replacement structure which exceeds the floor area of the original structure shall be subject to the requirements of subsection A of this section, and parking shall be provided accordingly.

3.

The following provisions shall apply to privately owned parking facilities held open to the public: a.

The city council may waive the provision of additional off-street parking facilities and/or in lieu parking fees for building expansions which would increase the number of required parking spaces by 10 percent or more and/or for proposed new building construction if the property owner allows the existing parking on the property to be open to the public. Such waivers shall only be available to parking lot owners who participate in any program which may be established by the city council with the objective of encouraging employee parking in public parking lots or other parking areas designated by the city for employee parking, or who otherwise devise an employee parking plan with such an objective which is approved by the city council. Other consideration for waiver will include access, circulation, the number of resulting parking spaces serving the building, the effect on adjacent parking lots, and whether or not an unreinforced masonry building upgrade is involved.

b.

Uses for which a parking waiver under this section is not granted may provide parking at the reduced rate of one space for each 400 square feet of gross floor area, except for office uses on sites with frontage on Main Street, which shall meet the requirements of Section 18.88.030(F) of this chapter.

c.

Under this subsection, new construction or building expansions shall not exceed a basic floor area ratio of 200 percent and shall not exceed two stories in height.

d.

When any property owner receives such a parking waiver or parking reduction, if the property later reverts to private use, the owner would then become responsible to provide the required parking and/or in lieu fee in effect at the time of the reversion to private use, such that the parking rate of one space for each 300 square feet of gross building area is met.

D.

Eligible parcels within the downtown revitalization district, as shown in Figure 18.88.020, can provide an onsite amenity open to the general public subject to the approval of the city council per Section 18.88.120(B) in lieu of providing required off-street parking when in furtherance of the Downtown Specific Plan.

==> picture [519 x 400] intentionally omitted <==

E.

Property Zoned C-C, MU or O and in the Downtown Revitalization District. 1.

All uses, with the exception of office uses on the ground floor of new buildings on sites with frontage on Main Street, shall provide parking or pay equivalent in lieu parking fees at the rate of one space for each 300 square feet of gross floor area. However, uses which have lower parking requirements as stated elsewhere in this section may provide parking or pay equivalent in lieu fees according to that lower standard. 2.

Office uses on the ground floor of new buildings with frontage on Main Street shall provide parking or pay equivalent in lieu parking fees at the rate of one space for each 250 square feet of gross floor area. Such office uses which are established anytime within the first five years of the building's occupancy, including tenant spaces which convert from nonoffice to office use within the first five years of building occupancy, shall provide the additional parking or pay the in lieu fee based on the additional parking required for office use.

(Prior code § 2-9.15; Ord. 1156 § 1, 1984; Ord. 1586 § 10, 1993; Ord. 1898 § 1, 2003; Ord. 2089 § 2, 2014; Ord. 2194 § 2, 2019; Ord. 2286, 11/19/2024)

A.

Dwellings and Lodgings.

One-family dwelling units shall have at least two parking spaces.

2.

Condominiums, community apartments and separately owned townhouses shall have at least two parking spaces per unit.

3.

Apartment house parking requirements shall be computed as follows:

a.

For apartments with two bedrooms or less, a minimum of two spaces shall be required for each of the first four units; one and one-half spaces for each additional unit.

b.

For apartments with three or more bedrooms (or two bedrooms and a den convertible to a third bedroom), a minimum of two spaces per unit shall be required. Parking requirements for units having less than three bedrooms shall be computed separately from the requirements for units having three bedrooms or more and then added together.

c.

Visitor parking, in a ratio of one parking space for each seven (1:7) units, shall be provided. All visitor parking spaces shall be clearly marked for this use. Visitor parking may be open or covered and does not count as part of the covered parking requirement described in subsection (A)(4) of this section.

4.

At least one space per dwelling unit of the off-street parking required in subsections (A)(1), (A)(2) and (A)(3) of this section shall be located in a garage or carport.

5.

Motels, hotels, residential care facilities, lodging houses and private clubs providing guest sleeping accommodations shall have at least one space for each guest sleeping room or for each two beds, whichever is greater, plus at least one space for each two employees.

6.

Trailer parks shall have a minimum of one space for each unit, plus at least one additional space for each three units, none of which shall occupy area designated for access drives.

7.

Small bed and breakfasts and bed and breakfast inns shall have at least one space for each guest sleeping room plus at least one space for each employee on maximum shift. In addition, at least two parking spaces, one of which must be covered, shall be provided for residents of small bed and breakfasts and bed and breakfast inns; the zoning administrator may require only one parking space, which may be uncovered, for a resident manager of a bed and breakfast inn.

8.

Accessory dwelling units shall adhere to the parking requirements in Chapter 18.106.

9.

Housing developments as defined in Chapter 18.101 of this title shall comply with the parking requirements identified therein.

B.

Offices, Commercial Uses and Places of Public Assembly in the C-N and C-R Districts. 1.

C-N District. One space for each 180 square feet of gross floor area, plus 10 spaces in addition to spaces occupied by cars being serviced on the site of each service station, plus additional spaces for each open use as prescribed by the zoning administrator. For banks and other financial institutions (commercial banks, credit

unions, and savings and loans)—one space for each 300 square feet of gross floor area, except for floor area used for storage.

2.

C-R District. Parking requirements shall be established by the zoning administrator and/or planning commission on a case-by-case basis in accordance with the purposes of Chapter 18.20 of this title.

C.

Office, Commercial and Industrial Uses Not in the C-N or C-R District.

1.

Food stores—one space for each 150 square feet of gross floor area.

2.

Banks and other financial institutions (commercial banks, credit unions, and savings and loans)—one space for each 300 square feet of gross floor area, except floor area used for storage.

3.

Massage establishments—two spaces for each massage technician, plus the requirements for supplementary uses.

4.

Retail stores except food stores and stores handling only bulky merchandise; personal service establishments including barbershops and beauty shops, cleaning and laundry agencies, and similar enterprises—one space for each 300 square feet of gross floor area, except for floor area used exclusively for storage or truck loading.

5.

Commercial service enterprises, repair shops, wholesale establishments, and retail stores which handle only bulky merchandise such as furniture, household appliances, machinery, and motor vehicles—one space for each 500 square feet of gross floor area, except for floor area used exclusively for storage or truck loading.

6.

Public and private business and administrative offices, and technical services offices (including, but not limited to, accountants, architects, attorneys, engineers, insurance, real estate and similar professions)—one space for each 300 square feet of gross floor area.

7.

Medical and dental offices (including, but not limited to, chiropractors, dentists, optometrists, physicians and similar professions)—one space for each 150 square feet of gross floor area, or six spaces for each doctor, whichever is greater.

8.

Restaurants, bars, brew pubs, soda fountains, cafes and other establishments for the sale and consumption on the premises of food or beverages—one space for each three seats or each 200 square feet of gross floor area, whichever is greater.

9.

Full service stations—10 spaces exclusive of work bays.

10.

Self-service stations—one parking space and an additional parking space for each employee on the maximum shift.

11.

Quick service stations—one parking space for each 500 square feet of gross floor area.

12.

Full service car washes—two parking spaces for every three employees on the maximum shift. Self-service car washes—one parking space for each employee on the maximum shift. Drive-through car washes located

and operated with a full service or self-service service station or self-service car wash—no additional parking spaces are required.

13.

Unless subject to more limited parking requirements established by state law or local policies and regulations with respect to sites within specified distance of major transit stops such as BART, manufacturing plants and other industrial uses, innovation-based businesses, warehouses, storage buildings, and storage facilities combined with commercial or industrial uses—one space for each employee on the maximum shift, or one space for each 300 square feet of gross floor area.

14.

Open uses and commercial and industrial uses conducted primarily outside of buildings—one space for each employee on the maximum shift, plus the number of additional spaces prescribed by the zoning administrator.

15.

Liquor stores—one space for each 150 square feet of gross floor area except for floor area used exclusively for storage and/or truck loading. For the purposes of this section, "liquor store" shall mean a business establishment the main function of which is the off-sale of liquor, wine and/or beer.

16.

Veterinarians' offices and small animal hospitals—one space for each 250 square feet of gross floor area. 17.

Convenience markets—one parking space for each 150 square feet of gross floor area. If less than 1,300 square feet in size and operated as an incidental use to a full service or self-service station, then one parking space shall be provided for each 400 feet of gross floor area.

18.

Microbreweries—one parking space for each 300 square feet of gross floor area, plus one space for each person in tours greater than five persons.

19.

Commercial basement storage for the public—one parking space per on-site storage employee and one parking space for storage customers. This parking requirement is in addition to the parking required for other uses on site.

D.

Places of Assembly and Public Uses Not in the C-N or C-R District.

1.

Auditoriums, churches, private clubs and lodge halls, community centers, mortuaries, sports arenas and stadiums, theaters, auction establishments and other places of public assembly, including church, school and college auditoriums—one space for each six seats or one space for each 60 square feet of floor area usable for seating if seats are not fixed, in all facilities in which simultaneous use is probable as determined by the zoning administrator. Where subsection E of this section requires a greater number of spaces on the site of a church, school or college, that subsection shall apply and the requirements of this subsection shall be waived.

2.

Bowling alleys and pool halls—five spaces for each alley; two spaces for each billiard or pool table. 3.

Dance halls—one space for each 50 square feet of gross floor area used for dancing. 4.

Homeless shelters—one parking space for every four beds plus one parking space for each employee on the largest shift, plus one parking space for each company vehicle.

Hospitals, sanitariums, nursing homes and charitable and religious institutions providing sleeping

accommodations—two spaces for each three beds, one space for each two employees, and one space for each staff doctor.

6.

Libraries, museums, art galleries and similar uses—one space for each 600 square feet of gross floor area and one space for each employee.

7.

Post offices—one space for each 600 square feet of gross floor area and one space for each employee.

8.

Cemeteries, columbariums and crematories—one space for each employee, plus the number of additional spaces prescribed by the zoning administrator.

9.

Public buildings and grounds other than schools and administrative offices—one space for each employee, plus the number of additional spaces prescribed by the zoning administrator.

10.

Public utility structures and installations—one space for each employee on the maximum shift, plus the number of additional spaces prescribed by the zoning administrator.

11.

Bus depots, railroad stations and yards, airports and heliports, and other transportation and terminal facilities —one space for each employee, plus the number of additional spaces prescribed by the zoning administrator. E.

Educational Facilities.

1.

Schools and colleges, including public, parochial and private elementary and high schools, kindergartens and nursery schools—one space for each employee, including teachers and administrators and one space for each four students in grade 10 or above. Where subsection (D)(1) of this section requires a greater number of spaces on the site of a school or college, subsection (D)(1) of this section shall apply and the requirements of this subsection (E)(1) shall be waived.

2.

Business, professional trade, art, craft, music and dancing schools and colleges—one space for each employee, including teachers and administrators and one additional space for each two students 16 years or older.

F.

Property Zoned C-C or O and in the Downtown Revitalization District.

1.

All uses, with the exception of office uses on the ground floor of new buildings on sites with frontage on Main Street, shall provide parking or pay equivalent in lieu parking fees at the rate of one space for each 300 square feet of gross floor area. However, uses which have lower parking requirements as stated elsewhere in this section may provide parking or pay equivalent in lieu fees according to that lower standard.

2.

Office uses on the ground floor of new buildings with frontage on Main Street shall provide parking or pay equivalent in-lieu parking fees at the rate of one space for each 250 square feet of gross floor area. Such office uses which are established anytime within the first five years of the building's occupancy, including tenant spaces which convert from nonoffice to office use within the first five years of building occupancy,

shall provide the additional parking or pay the in lieu fee based on the additional parking required for office use.

(Prior code § 2-9.16; Ord. 1494 § 4, 1990; Ord. 1636 § 7, 1994; Ord. 1656 § 1, 1995; Ord. 1665 § 5, 1995; Ord. 1726 § 1, 1997; Ord. 1767 § 1, 1998; Ord. 1812, 2000; Ord. 1898 § 1, 2003; Ord. 2017 § 2, 2011; Ord. 2061 § 2, 2013; Ord. 2161 § 1, 2017; Ord. 2213 § 2, 2021; Ord. 2228 § 1, 2021; Ord. 2277, 5/7/2024; Ord. 2297, 9/16/2025)

A.

Alternative Vehicle Parking Requirements—Carpool/Vanpool, Car-Share, and Alternative-Fuel Vehicles. 1.

Office and Industrial Development. All new construction, major alteration or enlargement of office and industrial facilities meeting the building size thresholds defined by subsection A.1.a, shall designate at least 10% of the off-street parking spaces required by Section 18.88.030 of this chapter as stalls for carpool, vanpool, car-share, and alternative-fuel vehicles, as further specified below:

a.

Building Size Thresholds. The thresholds listed below shall be used to determine if a project is subject to the provisions of this subsection. Alternative thresholds may be proposed and will be subject to approval by the community development director.

i.

Office. All new construction, major alteration or enlargement of office facilities resulting in 30,000 square feet or more of gross floor area at one site shall be subject to the provisions of this subsection; ii.

Industrial. All new construction, or major alteration or enlargement of industrial facility with 40,000 square feet of gross floor area or more at one site shall be subject to the provisions of this subsection.

The applicability of projects having a mixture of office and industrial uses shall be determined by assuming one employee for each 300 square feet of gross floor area of office use, and one employee for each 400 square feet of gross floor area of industrial use. Projects totaling 100 or more employees shall be subject to the provisions of this chapter.

b.

For each 10 spaces of alternative vehicle parking required by this subsection, a minimum of one space shall be designated as a carpool stall and a minimum of one space as a vanpool stall. Six spaces shall be designated for additional carpool/vanpool vehicles, car-share vehicles, or alternative-fuel vehicles (including, but not limited to, ethanol, biodiesel, fuel cell (hydrogen), natural gas vehicles) but not including hybrid or bifuel vehicles where one of the fuels is gasoline or diesel. The six spaces shall also be provided with electrical conduit and service capacity so that when demand warrants, as determined by the community development director, these spaces may be used for electric vehicle charging.

c.

All of the alternative vehicle parking spaces required under this subsection shall be preferentially located as close to the employee entrance as practical without displacing accessible parking and any designated customer or client parking.

2.

All of the alternative vehicle parking spaces required under this section, shall be counted toward the off-street parking required by Section 18.88.030 of this chapter and the accessible parking spaces shall be as required by the current California Building Code.

3.

All of the alternative vehicle parking spaces required under this section, shall be clearly marked with both signage and pavement stencils, except that in private garages as described in subsection A.2.c above, only

interior signage shall be required to indicate the availability of electric vehicle charging equipment. 4.

Parking spaces required under this section shall meet the dimensional standards of Section 18.88.040 of this chapter.

(Ord. 2094 § 2, 2014; Ord. 2241 § 2, 2022; Ord. 2299, 10/21/2025)

All off-street parking facilities, whether provided in compliance with Section 18.88.030 of this chapter or not, shall conform with the regulations prescribed in Sections 18.84.130 through 18.84.260 of this title and with the following standards:

A.

The minimum off-street parking dimensions shall be as follows:

1.

Parking spaces required to be located in a garage or carport shall not be less than 20 feet in length and 10 feet in width and otherwise meeting the requirements for full sized parking spaces.

2.

Full sized parking spaces shall meet the minimum dimensions prescribed in Table 18.88.040 of this section. 3.

Compact car parking spaces may be allowed in off-street parking facilities subject to approval by the city. Up to 40 percent of the total parking spaces required may be compact car spaces, based upon the size, shape and design of the off-street parking facility. Compact car spaces shall have minimum dimensions of eight feet by 16 feet and may be angled as is allowed for full sized parking spaces. Aisle width for compact car spaces shall be a minimum of 21 feet for a 90 degree parking angle. For different angles, aisle width and other

rking spaces required may be compact car spaces, based upon the size, shape and design of the off-street parking facility. Compact car spaces shall have minimum dimensions of eight feet by 16 feet and may be angled as is allowed for full sized parking spaces. Aisle width for compact car spaces shall be a minimum of 21 feet for a 90 degree parking angle. For different angles, aisle width and other

relevant dimensions shall be reduced proportionately from those shown in Table 18.88.040 of this section for full sized parking spaces, subject to the approval of the city. Each compact car space shall be marked clearly with bold lettering no less than eight inches in height "Compact Car Only."

B.

Sufficient aisle space for readily turning and maneuvering vehicles shall be provided on the site, except that no more than two parking spaces on the site of a dwelling or lodging house may be located so as to necessitate backing a vehicle across a property line abutting a street. Alleys may be used for maneuvering. C.

Each parking space shall have unobstructed access from a street or alley or from an aisle or drive connecting with a street or alley without moving another vehicle.

D.

Entrances from and exits to streets and alleys shall be provided at locations approved by the community development director.

E.

In an R district, a drive providing access to off-street parking spaces shall not exceed 24 feet in width, and there shall be not more than one drive for each 70 feet of frontage except on corner lots. If more than one drive is proposed on a corner lot, the superintendent of streets may approve an encroachment permit if he or she finds that the proposal is consistent with the objectives of this chapter and will not create an unsafe condition for pedestrians and drivers.

F.

In an RM district, a pedestrian walk separated from a parking space, aisle, or access drive by at least four feet of landscaped space shall extend from the front lot line to each dwelling unit, and no parking space, aisle, or access drive shall be closer than six feet to an entrance to a dwelling unit or to a window opening into a habitable room having a floor level less than eight feet above the parking space, aisle or access drive. G.

No off-street parking space provided in compliance with Section 18.88.030 of this chapter shall be located in a required front yard or in a required side yard on the street side of a corner lot and not more than two spaces per site shall be located so as to necessitate use of a required front yard or a required side yard on the street side of a corner lot for backing.

H.

The parking spaces, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water without damage to private or public properties, streets or alleys.

I.

Bumper rails shall be provided at locations prescribed by the zoning administrator where needed for safety or to protect property.

J.

If the parking area is illuminated, lighting shall be deflected away from residential sites so as to cause no annoying glare.

K.

No repair work or servicing of vehicles shall be conducted on a parking area.

L.

In R districts, parking of vehicles other than automobiles shall be regulated by Section 18.84.270 of this title. M.

No off-street parking space shall be located on a portion of a site required to be landscaped with plant materials.

(Prior code § 2-9.17; Ord. 2000 § 1, 2009)

A.

In all districts except the C-C, MU and P districts, off-street parking facilities prescribed in Section 18.88.030 of this chapter shall be located on the same site as the use for which the spaces are required or on an adjoining site or a site separated only by an alley from the use for which the spaces are required.

B.

In a C-C, MU or P district, a use permit may be granted to permit off-street parking facilities prescribed in Section 18.88.030 of this chapter to be separated from the site of the use for which the spaces are required, if located within 300 feet of the site, measured by the shortest route of pedestrian access, provided that the planning commission shall find that the parking site is not in conflict with the Pleasanton Downtown Specific Plan adopted by the city council.

(Prior code § 2-9.18; Ord. 2194 § 2, 2019; Ord. 2244 § 2, 2023)

If more than one use is located on a site, on adjoining sites, or sites separated only by an alley, and in the C- C, MU and P districts within 300 feet of the site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this chapter for each use except that the total number of spaces may be reduced when the hours of operation of at least two of the uses are discrete. "Discrete uses" are defined as those which:

A.

Are not in operation at the same time; and

B.

The hours of operation are or may be controlled by conditional use permits; and C.

The uses share the same off-street parking facility. D.

The total number of spaces otherwise required may be reduced by not more than the parking requirement of the discrete use requiring the fewer parking spaces.

(Prior code § 2-9.19(1); Ord. 2194 § 2, 2019) Off-street parking facilities for one use shall not be considered as providing off-street parking facilities for any other use, except as provided in Section 18.88.090 of this chapter, and except that property owners may lease or rent excess parking spaces on a site to other property owners within 300 feet of the site upon approval of a use permit as provided for in Section 18.88.050 of this chapter. Excess parking spaces are those spaces which are over and above the minimum required for the use or uses on the site. The planning commission shall deny a use permit to lease or rent excess parking spaces if it finds that the nature of the use or uses on the donor site requires the use of the excess parking spaces.

(Prior code § 2-9.19(2); Ord. 1898 § 1, 2003)

No off-street parking facility shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this chapter. (Prior code § 2-9.19(3))

Adjoining off-street parking facilities serving uses on two or more sites in separate ownership that provide shared parking through reciprocal parking easements may provide parking at the rate of one space for each 400 square feet of gross floor area where the zoning administrator determines that provision has been made for the joint development to function as a single parking facility, all parts of which are accessible to each use served. Parking spaces in such parking lots shall not be reserved or designated for the use of any one business. Off-street parking facilities provided in accord with this section shall be designated as prescribed in Section 18.88.130 of this chapter.

(Prior code § 2-9.19(4); Ord. 1898 § 1, 2003; Ord. 2194 § 2, 2019)

The following parking requirements listed in subsections A through C of this section shall apply to properties located within the parking assessment district located within the block bounded by Peters Avenue, St. Mary Street, Division Street, and Main Street:

A.

Except for the uses listed in Section 18.88.030(A) of this chapter and restaurants, any parcel of real property which is located wholly or partially within the boundaries of a parking assessment district which provides public off-street parking facilities shall be permitted to construct a building the total square footage of which shall not exceed 80 percent of the buildable area of the lot not included within the public parking facility, without the need to provide additional parking. Any building erected or subsequent addition which exceeds 80 percent of the buildable area of the lot shall provide additional parking or pay a sum established pursuant to Section 18.88.120 of this chapter; additional parking shall be computed in accordance with Section

18.88.030 of this chapter, but shall not include that portion of the building which is exempt from parking requirements as indicated in this section and shall not include building additions which increase the number of required parking spaces by less than 10 percent.

B.

Any parcel of real property located wholly or partially within the boundaries of a parking assessment district referred to in subsection A of this section which is used for restaurant purposes shall be permitted to construct a building, the total square footage of which will not exceed 56 percent of the buildable area of the lot without the need to provide additional parking. Any building in excess of the limitation imposed in this section shall be subject to the same requirements for additional parking as set forth in subsection A of this section.

C.

Any building in existence at the time of the establishment of the parking assessment district within which it is located, which exceeds the buildable area provisions set forth in subsection A of this section shall be deemed nonconforming and shall not be subject to additional parking requirements in the following cases:

1.

The building is altered, modified, or enlarged such that the number of required spaces increases by less than 10 percent.

2.

Less than 50 percent of the building is destroyed by fire, earthquake, or other calamity, act of God, or by the public enemy, or, in cases where greater than 50 percent is destroyed, design review approval is given to a new commercial structure replacing the one which was destroyed, pursuant to the criteria stated in Section 18.88.020(D)(2) of this chapter.

D.

For parking assessment districts other than those referred to in subsections A through C of this section, the building floor area credits for properties contributing to the district with either land, improved parking spaces, or cash shall be determined on a case by case basis depending on the circumstances for the particular parking assessment district. Such circumstances shall include, but shall not be limited to, the amount of parking spaces, land, or cash contributed; the total number of parking spaces created; the assessment formula for the district agreed to by the property owners within the district; and the location of the

contributing property. The standard parking ratio for each parking lot at build out shall be one space for each 500 square feet of gross building area. Property owners contributing more parking or land than needed for their building may receive cash reimbursements or parking spaces credits which may be recognized and transferred as in lieu parking spaces if so approved at the time the parking assessment district is formed. (Prior code § 2-9.20; Ord. 1898 § 1, 2003)

No existing use of land or structure, except one located within a parking assessment district, shall be deemed to be non-conforming solely because of the lack of off-street parking facilities prescribed in this chapter, provided that facilities used for off-street parking on the effective date hereof, shall not be reduced in capacity to less than the number of spaces prescribed in this chapter or reduced in area to less than the minimum standards prescribed in this chapter.

(Prior code § 2-9.21)

A.

The owner of a parcel or parcels within the downtown revitalization district who is unable to provide all of the off-street parking required by this code may apply to the city for an in lieu parking agreement.

1.

The procedures to be followed for payment of in-lieu parking fees through an in lieu parking agreement shall be as follows:

a.

New construction which provides at least 85 percent of its required parking on-site and expansions to existing buildings which are less than or equal to 25 percent of the building's existing floor area may satisfy their parking deficits through in lieu parking agreements. Such agreements shall be approved ministerially by the community development director upon finding that the criteria of this section are met.

b.

New construction which provides less than 85 percent of its required parking on site and expansions to existing buildings which exceed 25 percent of the building's existing floor area may satisfy their deficit parking through in lieu parking agreements. Such agreements shall be subject to the approval of the city council. The request for such an agreement shall be in writing and shall be filed with the planning division. Subsequent to receipt of such a request, a hearing shall be scheduled for consideration of the matter by the city council. A public hearing shall be held on any such request with notice provided pursuant to Section 18.12.040 of this title. The in lieu parking agreement shall address the amount per deficient parking space to be paid by the owner, the duration of payment, and such other terms and conditions which are deemed appropriate. The city council may grant or deny the request.

2.

Any sums received by the city pursuant to such a contract shall be deposited in a special fund and shall be used exclusively for acquiring, developing, and maintaining off-street parking facilities and located anywhere within the downtown revitalization district. The agreement shall be executed by the owner and the city manager, and all in lieu fees shall be paid prior to the issuance of a building permit.

3.

The city shall determine a standard surface parking lot in lieu parking fee and a parking structure in lieu parking fee based on land and construction costs in the downtown revitalization district. Such fees shall be updated on a regular basis by the city and shall be made available to the public. On April 1st of any year in which the fees have not been recalculated, the fees shall be adjusted by the rate of increase in the ENR construction cost index for the prior year.

4.

Any development for which an in lieu parking agreement is approved where the number of in lieu spaces is less than or equal to 30 percent of its parking requirement shall pay the standard surface parking lot in lieu fee for each deficient parking space.

5.

Any development for which an in lieu parking agreement is approved where the number of in lieu parking spaces exceeds 30 percent of its parking requirement shall pay the parking structure in lieu parking fee for each deficient parking space.

6.

In lieu parking agreements for which the requested number of in lieu parking spaces exceeds 50 percent of the required parking shall not be approved unless the city council finds that there are special circumstances related to: (a) constraints due to the size, configuration, or features of the site; or (b) constraints related to building placement or design; and (c) the availability of off-street parking.

7.

In the event that a use for which an in lieu parking agreement has been executed is changed or facilities are altered to meet the parking standards prescribed in this chapter before the city has committed or expended any of the money received pursuant to said agreement in the area benefited, the amount received shall be refunded to the owner. Otherwise, there shall be no refunds of in lieu fees.

B.

The owner of an eligible parcel or parcels, as shown in Figure 18.88.020, who is unable to provide all of the offstreet parking required by this code may apply to the city to provide a specific on-site amenity open to the general public which equals, exceeds or is less than the value of the in-lieu parking fee that would otherwise be required for parking that cannot be provided on-site. The procedure and criteria to be followed for consideration of an on-site amenity open to the general public instead of providing parking shall be as follows:

1.

Requests for provision of an on-site amenity open to the general public in place of providing off-street parking shall be made in writing as part of a development or pre-development application and shall be filed with the planning division. Such requests shall include a conceptual design for the amenity. Subsequent to receipt of such a request, and prior to project approval, a hearing shall be scheduled for consideration of the matter by the city council. A public hearing shall be held on any such request with notice provided pursuant to Section 18.12.040 of this title. The city council shall consider whether or not the proposed amenity would meet the objectives of the Downtown Specific Plan and whether or not to enter into an agreement with the applicant to reduce parking requirements in exchange for the development of an on-site amenity open to the general public on an eligible parcel, as shown in Figure 18.88.020.

2.

The on-site amenity shall be open and accessible to the general public at all times, and no portion of the amenity shall be restricted to the exclusive use of on-site business customers only.

3.

The on-site amenity should typically consist of a mini-plaza with seating, shade, landscaping, lighting, and other pedestrian facilities. Other forms of amenities may be considered by the city council if consistent with the objectives of the Downtown Specific Plan.

4.

The value of the on-site amenity shall be equal to, exceed or be less than, if approved by council, the amount of in-lieu parking fees otherwise required by this chapter, and as set forth in the master fee schedule, for parking not otherwise provided on-site or off-site on private property. The value of the on-site amenity shall be based on opportunity costs. Opportunity costs shall be calculated by using a standard method approved by the community development director. Documentation of the calculation shall be provided to the planning division.

5.

In the event the proposed on-site amenity is determined to be of lesser value than the amount of in lieu parking fees otherwise required by this chapter, the developer shall enter into an in lieu parking agreement that pays the difference between the provided amenity and the required fees into the in-lieu parking fund. 6.

The on-site amenity shall be installed prior to the issuance of a certificate of occupancy by the chief building official.

7.

The on-site amenity does not create any legal public easement or public property interest, and the owner of the property remains responsible for all maintenance and repair of the on-site amenity.

8.

The on-site amenity, its requirement to be available to the general public as provided in subsection (B)(2), and the parking waived by provision of the on-site amenity shall be memorialized in a restrictive covenant recorded against the property. Such restrictive covenant shall include remedies for the city in the event the owner of the property, or any successor, fails to comply with its requirements.

(Prior code § 2-9.22; Ord. 1898 § 1, 2003; Ord. 2000 § 1, 2009; Ord. 2089 § 2, 2014)

A restrictive covenant, easement, or other document acceptable to the city attorney shall be recorded with the Alameda County recorder's office for any off-street parking facility which is: (a) held open to the public, (b) a joint use parking lot, or (c) located on a site other than the site it is intended to serve. The restrictive covenant or other document shall designate the off-street parking facilities and the properties being served by such parking facilities, shall stipulate that the parking facility will be used for the intended purpose, and shall contain legal descriptions of all sites involved. The restrictive covenant or other document shall be approved by the city attorney. The zoning administrator shall remove the restriction upon finding that the required number of off-street parking spaces or in lieu parking fees have been provided in compliance with the requirements of this chapter.

(Prior code § 2-9.23; Ord. 1898 § 1, 2003)

Chapter 18.92 OFF-STREET LOADING FACILITIES (§ 18.92.010 – § 18.92.100)

In order to alleviate progressively or to prevent traffic congestion and shortage of curb spaces, off-street loading facilities shall be provided incidental to new uses and major alterations and enlargements of existing uses. The number of loading berths prescribed in this chapter or to be prescribed by the zoning administrator shall be in proportion to the need for such facilities created by the particular type of use. Off-street loading areas are to be laid out in a manner that will ensure their usefulness, protect the public safety, and where appropriate, insulate surrounding use from their impact. (Prior code § 2-9.27)

A.

At the time of initial occupancy, major alteration or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided off-street loading facilities for trucks in accord with the schedule of off-street loading berth requirements in Section 18.92.030 of this chapter. For the purposes of this section, the terms "major alteration" or "enlargement" shall mean a change of use or an addition which would increase the number of loading berths required by not less than 10 percent of the total number required. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the preexisting number is greater than the number prescribed in Section 18.92.030 of this chapter, in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement.

B.

Off-street loading berths in addition to those prescribed in the schedule of off-street loading berth requirements shall be provided if the zoning administrator finds that such additional berths are necessary to ensure that trucks will not be loaded, unloaded or stored on public streets. A finding shall be based on an investigation of the anticipated frequency of truck pick ups and deliveries and of the truck storage requirements of the use for which the off-street loading berths are required. C.

If, in the application of the requirements of this section, a fractional number is obtained, one loading berth shall be provided for a fraction of one-half or more, and no loading berth shall be required for a fraction of less than one-half.

(Prior code § 2-9.28)

A.

Exemptions from loading berth requirements: banks, service stations, public and private offices, car washes, hotels and motels.

B.

Food stores:

C.

Retail stores, excluding food stores, but including restaurants, bars and soda fountains:

D.

Commercial service enterprises (and wholesale uses):

E.

Manufacturing plants, other industrial uses:

*Alternative off-street loading facilities requirements may be considered and granted on a case-by-case basis.

F.

Institutional uses:

G.

Mortuaries:

H.

Open uses: designated loading berths required as determined by the zoning administrator. Other uses: designated loading berths required as determined by the zoning administrator. (Prior code § 2-9.29; Ord. 2297, 9/16/2025)

All off-street loading facilities, whether provided in compliance with Section 18.92.030 or not, shall conform

with the regulations prescribed in Sections 18.84.180 through 18.84.260 of this code and with the following standards:

A.

Each loading berth shall be not less than 45 feet in length and twelve feet in width and shall have an overhead clearance of not less than 14 feet, except that for mortuaries, cemeteries, columbariums and crematories, a loading berth used exclusively for hearses shall be not less than 24 feet in length and 10 feet in width and shall have an overhead clearance of not less than eight feet.

B.

Sufficient room for turning and maneuvering vehicles shall be provided on the site, except that not more than one loading space per site may be located so as to necessitate backing a vehicle across a property line abutting a street. Alleys may be used for maneuvering.

C.

Each loading berth shall have unobstructed access from a street or alley or from an aisle or drive connecting with a street or alley without moving another vehicle.

D.

Entrances from and exits to streets and alleys shall be provided at locations approved by the community development director.

E.

The loading area, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water without damage to private or public properties, streets or alleys.

F.

Bumper rails shall be provided at locations prescribed by the zoning administrator where needed for safety or to protect property.

G.

If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to cause no annoying glare.

H.

Loading areas shall be appropriately screened, as determined by the zoning administrator, from adjacent properties and from the street. No loading berth shall be allowed in a required front yard or a required side yard or the street side of a corner lot, or in a required rear or side yard adjacent to or across a street or alley from an R district.

I.

No repair work or servicing of vehicles shall be conducted in a loading area.

(Prior code § 2-9.30; Ord. 2000 § 1, 2009)

Off-street loading facilities prescribed in Section 18.92.030 of this chapter shall be located on the same site with the use for which the berths are required or on an adjoining site in a district in which the use served by the off-street loading facilities is a permitted use.

(Prior code § 2-9.31)

If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this chapter for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths.

(Prior code § 2-9.32(1))

Off-street loading facilities for one use shall not be considered as providing required off-street loading facilities for any other use.

(Prior code § 2-9.32(2))

No off-street loading facility shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this chapter.

(Prior code § 2-9.32(3))

No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of offstreet loading facilities prescribed in this chapter, provided that facilities being used for off-street loading on the effective date of the ordinance codified in this chapter, shall not be reduced in a capacity to less than the number of berths prescribed in this chapter or reduced in area to less than the minimum standards prescribed in this chapter.

(Prior code § 2-9.33)

When off-street loading facilities are provided in compliance with the requirements of this chapter, on a site other than the site on which the use to be served by the loading facilities is located, an indenture shall be recorded in the office of the county recorder designating the off-street loading facility and the use to be served, with legal descriptions of all sites involved, and certifying that the off-street loading facility shall not be used for any other purpose unless the restriction is removed by resolution of the city planning commission. An attested copy of the recorded indenture shall be filed with the zoning administrator. Upon submission of satisfactory evidence that other off-street loading facilities have been provided in compliance with the requirements of this chapter or that the use has ceased or has been altered so as no longer to require the offstreet loading facility, the commission shall by resolution remove the restriction. (Prior code § 2-9.34)

Chapter 18.96 SIGNS (§ 18.96.010 – § 18.96.160)

The location, height, size, and illumination of signs are regulated in order to maintain the attractiveness and orderliness of the city's appearance, to protect business sites from loss of prominence resulting from excessive signs on surrounding sites, and to protect the public safety and welfare. (Prior code § 2-9.38)

No sign or display of any character shall be permitted except in conformity with the following regulations: A.

Location, Height, and Size.

1.

Except as permitted by Section 18.96.060(J) and (K) and Section 18.96.090 of this chapter, all signs shall be located on the same site as the use they identify, provide information about, or direct attention to.

2.

Except in a C-C or MU district, no sign shall project beyond a property line. A sign projecting beyond the property line in a C-C or MU district shall be attached to a building and shall not project more than four feet from the building or closer than two feet to the curb line, and shall not exceed nine square feet in area. Projecting signs shall be limited to one for each ground floor establishment.

3.

A projecting sign shall have a minimum clearance of eight feet above an area used by pedestrians, and a minimum clearance of 15 feet above an area used for vehicular movement.

4.

No sign attached to a building shall project above the eaves or parapet line.

5.

No sign other than a directional sign shall project more than 12 inches into a required interior side yard or a required rear yard or shall be closer to an interior side lot than the minimum width of a required side yard on the site minus 12 inches. Signs may be located in a required front yard.

6.

No sign exceeding 24 square feet shall be visible from an R district unless it shall be more than 100 feet from the R district.

7.

No sign shall be located so as to create a safety hazard by obstructing vision, or shall interfere with or resemble any authorized warning or traffic sign or signal.

8.

No sign shall exceed 250 square feet in area.

B.

Illumination.

1.

In an A, R, P or S district, illumination, where permitted, shall be indirect. In an O or MU-T district, illumination, where permitted, shall be indirect or diffused, provided that it shall be white and that the surface brightness of a sign shall not be greater than 100 foot-lamberts. In a C, MU-D or I district direct illumination shall be permitted, provided that if exterior illumination is closer than 200 feet to the boundary of a site or interior illumination is closer than 10 feet to a window within 200 feet of the boundary of a site, no fluorescent or mercury vapor tube, or incandescent illumination exceeding 120 milliamps shall be visible beyond the boundary of the site. In a C or I district diffused illumination closer than 200 feet to the boundary of a site and visible beyond the boundary of the site shall not have a surface brightness greater than 200 foot-lamberts.

A sign within 100 feet of an R district from which the sign is visible shall have illumination, if any, that is white and is indirect or diffused and shall not have a surface brightness greater than 100 foot-lamberts.

3.

No sign shall have blinking, flashing or fluttering lights or any other illuminating device which has a changing light intensity, brightness or color.

4.

No illuminated sign shall be located so as to be confused with or to resemble any warning traffic-control device.

5.

Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles.

C.

Movement. No sign that moves, has visible moving parts, or that simulates movement by means of fluttering, spinning, or reflecting devices shall be permitted.

(Prior code § 2-9.39; Ord. 2194 § 2, 2019)

The following signs are not subject to the regulations of this chapter:

A.

Signs used exclusively for the posting or display of official notices by a public agency or official, or by a person giving legal notice;

B.

Signs erected or maintained by a public agency or official or required by law to be displayed by a public utility for directional, warning or informational purposes;

C.

Traffic-control signs and devices including street name signs;

D.

The flag, pennant, or insignia of any nation or association of nations, or of any state, city, or other political unit or of any charitable, educational, philanthropic, civic, professional or religious organization;

E.

Nonilluminated, nonverbal religious symbols on the site of a religious institution;

F.

Signs not visible beyond the boundary of a site;

G.

Directional signs necessary to control and direct pedestrian traffic on a site;

H.

Emblems of civic or service clubs and area identification signs of sizes and at locations approved by the planning commission;

I.

A real estate sign designating an open house for an individual home for sale or lease, other than first-time sales of homes within new subdivisions; provided, however, that the signs:

1.

Shall be freestanding A-frame or sandwich board type,

2.

Shall not exceed an overall height of 36 inches from the ground and the face of the sign shall not exceed a horizontal dimension of 24 inches and a vertical dimension of 18 inches,

Shall have no riders. There shall be no additions, tags, signs, streamers, balloons or other appurtenances added to the standard real estate open house sign, provided, however, that arrows may be incorporated into the design of the face of the sign but may not be added appurtenant to the sign,

4.

May be displayed Monday through Sunday, 10:00 a.m. through 6:00 p.m. during Pacific Standard Time, and may be displayed Monday through Sunday, 10:00 a.m. to 8:00 p.m. during Pacific Daylight Savings Time,

5.

Shall not exceed one on-site open house sign and three off-site open house signs with an aggregate total of four signs per open house, provided, however, that the standard real estate for sale sign posted at the site shall not be included as part of the aggregate total of signs allowable per open house,

6.

Shall not be placed, used or maintained in any location upon public property, within rights-of-way or within public easements adjacent to streets, where such placement use or maintenance endangers the safety of persons or property, or unreasonably interferes with or impedes the flow of pedestrian or bicycle traffic, or the ingress into or egress from any residence or place of business,

7.

Shall not be placed within a five foot radius of a hydrant, fire call box or mail box,

8.

Shall not be placed on or within the median strip or center divider of a roadway or on or within any other roadway island or safety zone area,

9.

Shall not be chained, bolted or otherwise attached to any property not owned by the owner of the sign, nor shall they be chained, bolted or otherwise attached to any tree, shrub or other plant. (Prior code § 2-9.40; Ord. 1362 § 2, 1988; Ord. 1492 § 1, 1990; Ord. 1656 § 1, 1995)

No sign or outdoor advertising structure shall be permitted in an A or R district except the following:

A.

One nameplate, which may give notice of the name, address and occupation of the resident not directly lighted, not exceeding one square foot or eight feet in height, on the site of a one-family dwelling; B.

One identification sign, not directly lighted, not exceeding six square feet or eight feet in height, on the site of a multi-family dwelling or a lodging house;

C.

One identification sign, not directly lighted, not exceeding 12 square feet or 12 feet in height, for each main building on the site of a public building, a private institution, a church, a club or lodge, a unifier park, or a nursing home, provided that a general hospital may have an identification sign not exceeding 24 square feet; D.

In addition to an identification sign, one bulletin board, not directly lighted, not exceeding 20 square feet or eight feet in height, on the site of a church; E.

One directional sign, not directly lighted, not exceeding four square feet, at each entrance or exit to a parking lot;

F.

Signs pertaining to the sale, lease, rental or display of a structure or land:

1.

For properties located in the A district, one nonilluminated sign not exceeding 12 square feet,

For properties located in the R districts one nonilluminated sign not exceeding six square feet,

3.

Shall be removed 30 days after the sale, lease, rental or display of the structure or land;

G.

One nonilluminated, temporary construction sign, not exceeding 12 square feet, on the site of a structure or group of structures, while under construction, except that one additional square foot shall be permitted for each dwelling unit under construction, provided that the sign shall not exceed 24 square feet; H.

One business sign, not directly lighted, not exceeding 12 square feet or 12 feet in height, on the site of a permitted or conditional use other than a dwelling in an A district, provided that additional sign area may be specified in a use permit and shall be based on the identification needs of the use and the character of surrounding uses;

I.

Any sign proposed to be located in an R-1 district, or in any PUD district developed under R-1 standards, whether illuminated or nonilluminated, shall be subject to review by the zoning administrator, as provided in Chapter 18.20;

J.

One identification sign, not directly lighted, not exceeding six square feet or six feet in height, on the site of a small bed and breakfast or bed and breakfast inn.

(Prior code § 2-9.41; Ord. 1492 § 1, 1990; Ord. 1520 § 3, 1991; Ord. 1636 § 8, 1994; Ord. 1656 § 1, 1995; Ord. 2216 § 2, 2021)

No sign or outdoor advertising structure shall be permitted in an O district except the following: A.

Business signs not exceeding one-half square foot for each foot of street property line adjoining a portion of the site occupied by the uses to which the signs direct attention, provided that signs not exceeding 40 square feet shall be permitted on a site having less than 80 feet of street property line. Signs not located flat against the wall of a building shall not exceed 12 feet in height, and no sign in a required front yard shall exceed six feet in height;

B.

One directional sign, not directly lighted, not exceeding four square feet, at each entrance or exit to a parking lot;

C.

Signs pertaining to the sale, lease rental or display of a structure or land, diffused or indirectly illuminated, as provided below:

1.

For sites less than two acres in size, one sign not to exceed 12 square feet and a height of six feet. Said sign may be freestanding or mounted on the building. Freestanding signs must be located not less than 10 feet from the street property line or back of sidewalk, whichever distance is greater,

2.

For sites of two or more acres in size, one freestanding sign per street frontage, each sign not to exceed 32 square feet and a height of eight feet. Said sign shall be placed parallel to the street and shall be located not less than 10 feet from the street property line or back of sidewalk, whichever distance is greater. For corner lots, signs shall not be located within 50 feet of the intersection of the street property lines, 3.

ze, one freestanding sign per street frontage, each sign not to exceed 32 square feet and a height of eight feet. Said sign shall be placed parallel to the street and shall be located not less than 10 feet from the street property line or back of sidewalk, whichever distance is greater. For corner lots, signs shall not be located within 50 feet of the intersection of the street property lines, 3.

Shall be removed 30 days after the sale, lease, rental or display of the structure or land; D.

One temporary construction sign not exceeding 12 square feet or one-fourth of the maximum permitted area for permanent signs, whichever is greater, not directly lighted, on the site of a structure while under construction.

(Prior code § 2-9.42; Ord. 1492 § 1, 1990)

No sign or outdoor advertising structure shall be permitted in a C, MU or I district except the following:

A.

C-N District. In a C-N District, business signs not exceeding one-half square foot for each foot of property line adjoining a portion of the site occupied by uses to which the signs direct attention, provided that signs not exceeding 40 square feet shall be permitted on a site having less than 80 feet of street property line, and provided that signs on the site of a service station shall not exceed a total of 80 square feet. Business signs shall be attached to a building except that one freestanding sign not exceeding 50 square feet or 12 feet in height shall be permitted on a site having at least three acres occupied by uses to which the signs direct attention. On the site of a service station, all signs shall be attached to a building, except that one freestanding sign, not exceeding 36 square feet, which is included in the total sign area allowable for a service station, shall have direct or diffused illumination, and shall not exceed 12 feet in height;

B.

C-C and MU Districts. In a C-C or MU district, business signs not exceeding two square feet for each foot of street property line, provided that signs not exceeding 40 square feet shall be permitted on a site having less than 20 feet of street property line, and provided that signs on the site of a service station shall not exceed a total of 80 square feet. No site shall have business signs totaling more than 400 square feet for each acre in use. Except on the site of a service station, the total area of projecting and freestanding signs shall not exceed one-fourth of the sign area permitted on the site. Freestanding business signs shall not exceed 12 feet in height, provided that a service station may have one freestanding business sign not exceeding 36 square feet or 24 feet in height, and a site of at least one acre occupied by uses other than a service station may have one freestanding business sign not exceeding 50 square feet or 24 feet in height. On the site of a service station, not more than one sign, not exceeding 36 square feet, shall have direct or diffused illumination, and no sign shall project beyond the property line;

C.

C-R District. In a C-R district, business signs shall be regulated by the zoning administrator on a case-bycase basis in accordance with the purposes of Chapter 18.20 of this title;

D.

C-S or C-A District. In a C-S or C-A district, business signs not exceeding two square feet for each foot of street property line, provided that signs not exceeding 40 square feet shall be permitted on a site having less than 20 feet of street property line. Business signs may be freestanding, but shall not exceed 24 feet in height. The total area of business signs shall not exceed 300 square feet on a site having less than one acre in the use to which the signs direct attention, and shall not exceed 500 square feet on any site; E.

C-F District. In a C-F district, business signs not exceeding 80 square feet for each 20,000 square feet of site area in use, provided that signs on the site of a service station shall not exceed a total of 160 square feet. The total area of business signs shall not exceed 500 square feet on any site. Business signs may be freestanding, but freestanding or projecting signs shall not exceed 20 feet in height except on the site of a service station. On the site of a service station, not more than one sign, not exceeding 80 square feet, shall have direct or diffused illumination, or shall exceed 12 feet in height if freestanding, and no sign shall exceed 30 feet in height;

F.

I Districts. In an I district, business signs not exceeding 80 square feet for each 20,000 square feet of site area in use, provided that signs on the site of a service station shall not exceed a total of 80 square feet. The total area of business signs shall not exceed 600 square feet on a site in an I-P district or 1,000 square feet in an I- G district. Except on the site of a service station, the total area of projecting and freestanding signs shall not exceed one quarter of the sign area permitted on the site. Business signs may be freestanding, but freestanding or projecting signs shall not exceed 20 feet in height except on the site of a service station. On the site of a service station, not more than one sign, not exceeding 36 square feet, shall have direct or diffused illumination, or shall exceed 12 feet in height if freestanding, and no signs shall exceed 24 feet in height;

G.

Directional Signs Generally. Directional signs, diffused or indirectly lighted, not exceeding four square feet each, pertaining to off-street parking and loading facilities;

H.

Sale, Lease, Rental Signs. Signs pertaining to the sale, lease, rental or display of a structure or land, diffused or indirectly illuminated, as provided below:

1.

For sites less than two acres in size, one sign not to exceed 12 square feet and a height of six feet. Said sign may be freestanding or mounted on the building. Freestanding signs must be located not less than 10 feet from the street property line or back of sidewalk, whichever distance is greater,

2.

For sites of two or more acres in size, one freestanding sign per street frontage, not to exceed 32 square feet and a height of eight feet. Said sign shall be placed parallel to the street and shall be located not less than 10 feet from the street property line or back of sidewalk, whichever distance is greater. For corner lots, signs shall not be located within 50 feet of the intersection of the street property lines,

3.

Shall be removed 30 days after the sale, lease, rental or display of the structure or land;

I.

Temporary Construction Signs. One temporary construction sign not exceeding one-fourth of the maximum permitted area for permanent business signs, not directly lighted, on the site of a structure while under construction;

J.

Directional Signs in Specific Districts. In a C-C, MU, C-S, C-F, or I district, directional signs not exceeding six square feet each, attached or freestanding, indicating the location of a use in a C, MU or I district within 1,000 feet by the shortest vehicle route from the signs. Not more than two off-site directional signs shall indicate each use, and the area of the directional signs shall be subtracted from the total business sign area permitted on the site on which they are located;

K.

Grand Openings. Temporary signs, banners, pennants, and decorations not including reflective devices for a period not to exceed 30 days after initial occupancy by an establishment. Large hot/cold air balloons are allowed for a community wide event and a "grand opening" of a shopping center only, restricted to a one-day, one-time only use subject to the granting of a temporary conditional use permit in accordance with the provisions of Section 18.124.170 of this title. The balloon may be installed after 5:00 p.m. the day preceding the event, and must be removed prior to 10:00 a.m. the day after the event. One sign only, to identify the shopping center or event, may be attached to the balloon. No trailing pennants or other balloons shall be attached. Under no circumstances shall a large hot/cold air balloon be displayed by an individual business.

For the purposes of this subsection, a community wide event is an event that either promotes and/or benefits the entire city and has been endorsed by the city council; endorsement may also be established by council action authorizing public street closures. Shopping center events are not community wide events.

L.

Service Clubs. Signs of service clubs or similar civic organizations not exceeding two square feet for each organization on the site of a meeting place.

M.

Bed and Breakfasts. One identification sign, not directly lighted, not exceeding six square feet or six feet in height, on the site of a bed and breakfast inn.

(Prior code § 2-9.43; Ord. 1492 § 1, 1990; Ord. 1511 § 1, 1991; Ord. 1636 § 9, 1994; Ord. 1656 § 1, 1995; Ord. 2194 § 2, 2019)

No sign or outdoor advertising structure shall be permitted in a Q district except the following: A.

One business sign, diffused or indirectly lighted, not exceeding 12 square feet or 12 feet in height, on the site of a permitted or conditional use, provided that additional sign area and illumination may be specified in a use permit and shall be based on the identification needs of the use and the character of surrounding uses. Signs exceeding 12 square feet on the site of a preexisting rock, sand or gravel extraction or processing enterprise shall not require a use permit, but shall be subject to design review as prescribed by Chapter 18.20 of this title;

B.

Directional signs, diffused or indirectly lighted, not exceeding four square feet each, pertaining to off-street parking and loading facilities;

C.

One sign, diffused or indirectly lighted, not exceeding 12 square feet pertaining to the sale, lease, rental or display of a structure or land;

D.

One temporary construction sign not exceeding one-fourth of the maximum permitted area for permanent business signs, not directly lighted, on the site of a structure while under construction. (Prior code § 2-9.44)

No sign or outdoor advertising structure shall be permitted in a P or S district except the following:

A.

Sign regulations for each use in a P or an S district shall be specified in the use permit and shall be based on the identification needs of the use and the character of surrounding uses. Signs on the site of a preexisting conditional use, other than directional signs or signs permitted in an A or R district, shall not require a use permit, but shall be subject to design review as prescribed in Chapter 18.20 of this title;

B.

One directional sign, diffused or indirectly lighted, not exceeding four square feet, at each entrance or exit to a parking lot;

C.

One nonilluminated sign, not exceeding six square feet, pertaining to the sale, lease, rental or display of a structure or land;

D.

One temporary construction sign not exceeding 12 square feet or one-fourth of the maximum permitted area for permanent signs, whichever is greater, diffused or indirectly lighted, on the site of a structure while under construction.

(Prior code § 2-9.45)

A.

No directional or advertising signs for a subdivision shall be erected or maintained, except as provided for in this section.

B.

For the purposes of this section, an on-site advertising sign is one located within the subdivision. An off-site directional sign is one displaying the necessary travel directions to the subdivision, the name of the project and any characteristic trademark or similar device of the developer and nothing else. For the purposes of this section a subdivision is any land development project, residential or nonresidential, which involves the creation and marketing of five or more lots (or condominium units) under the same ownership prior to sale. C.

e necessary travel directions to the subdivision, the name of the project and any characteristic trademark or similar device of the developer and nothing else. For the purposes of this section a subdivision is any land development project, residential or nonresidential, which involves the creation and marketing of five or more lots (or condominium units) under the same ownership prior to sale. C.

The zoning administrator may authorize one on-site advertising sign and two off-site directional signs, where warranted, after a final subdivision map has been recorded for the project. In cases where a residential subdivision is under the same ownership but consists of different housing product types, the zoning administrator may authorize one on-site advertising sign and two off-site directional signs, where warranted, per product type, after a final subdivision map has been recorded for the housing product type for which said signs are desired. For the purposes of this section, a product type shall mean housing units which are clearly distinguishable in terms of one or more of the following characteristics: lot size; attached versus detached units; single-family versus multi-family units; production homes versus custom homes; or as otherwise determined by the zoning administrator. All signs shall be subject to all of the following conditions:

1.

Single-Faced, Double-Faced or V-Shaped. The signs may be either single-faced, double-faced, or V-shaped, providing the angle between the two faces shall not exceed 60 degrees;

2.

On-Site Advertising Sign. The horizontal dimension of an on-site advertising sign face shall not exceed 12 feet and the total sign area shall not exceed 100 square feet with a total height of not more than 14 feet from ground level.

3.

Individual Off-Site Directional Signs. An individual off-site directional sign shall provide direction to only one subdivision or one product type within a subdivision. The horizontal dimension of an individual off-site directional sign shall not exceed eight feet and the total sign area of a single sign face shall not exceed 40 square feet with a total height of not more than 10 feet from ground level, except as required in subsection (C) (5) below.

4.

Off-Site Reader Board Directional Sign. An off-site reader board sign advertising no more than four subdivisions, or four product types within one or different subdivisions, or combinations thereof, may be erected subject to the following criteria:

a.

Design Standards.

(1)

The sign structure shall be constructed to the standard frame design and materials indicated in this subsection;

(2)

The sign structure shall not exceed 10 feet in height and shall be single-faced;

(3)

The ground within a three foot radius of the sign structure shall be maintained in a manner to prevent weed growth under the structure;

(4)

The horizontal dimension of the sign shall not exceed four feet with a total sign area not to exceed 40 square feet;

(5)

No more than four individual keyboard signs shall be installed on one sign;

(6)

Individual keyboard signs shall be 18 inches high by 48 inches long and shall be consistent with the marketing colors used to advertise or identify each subdivision or product type;

(7)

Individual keyboard lettering shall not exceed 10 inches and directional arrows shall be no larger than eight inches high and 18 inches long and shall be located closest to the street right-of-way;

(8)

The lowest keyboard sign shall be two feet from grade.

b.

Location. No more than one reader board sign shall be installed on any one parcel or property, and such signs shall be located no closer than 1,500 feet apart. The locations of these signs typically shall be limited to the major arterial streets within the city (as defined by the general plan), unless otherwise approved by the zoning administrator. The sign may not be installed within the public right-of-way, and must be situated not less than 10 feet from the street property line or back of sidewalk, whichever distance is greater. For corner lots, signs shall not be located within 50 feet of the intersection of street property lines.

c.

Implementation.

(1)

A reader board sign shall be located on private property, with the applicant providing the written consent of the property-owner(s) at the time of application;

(2)

Prior to zoning administrator approval, the applicant shall demonstrate to the satisfaction of the city that lease arrangements have been secured with developer representatives to utilize at least three of the keyboards for each reader board sign for which an approval is sought. The zoning administrator may delay the installation of any sign if sufficient interest or lease has not been secured by the applicant;

(3)

Individual keyboard signs shall be subject to administrative review and approval by the zoning administrator prior to installation on any reader board sign. Individual keyboard signs shall not be modified to identify different subdivisions or product types without first obtaining review and approval from the zoning administrator;

(4)

The applicant shall be responsible for the maintenance and removal of the sign, and for leasing keyboard space;

(5)

If two or more keyboard sign spaces cannot be leased within a six month period, then the reader board sign shall be removed, notwithstanding the five year permit period indicated below;

(6)

Unleased keyboard sign spaces shall be backed entirely with a wood panel 18 inches by 48 inches stained to match the sign frame;

(7)

Individual keyboard signs shall be removed from the reader board sign within 30 days of the date of the sale of the last unit in the subdivision advertised;

(8)

The sign may be maintained for a period of one year, after which time an extension may be granted by the zoning administrator, up to a maximum of five years in one location; and

(9)

A building permit shall be required prior to installation.

5.

Use of Individual and Reader Board Sign. An applicant may utilize one or more of the above types of off-site directional signs as long as no more than two signs or keyboard signs are used to advertise a subdivision or residential product type within a subdivision in the following combinations:

a.

Two individual off-site subdivision directional signs for each subdivision or product type; or

b.

One individual off-site subdivision directional sign for each product type or subdivision and one reader board keyboard sign for each subdivision or product type; or

c.

Two reader board keyboard signs for each subdivision or product type.

6.

Off-Site Signs on Developed Residential Property. Off-site directional signs proposed to be erected on a developed, residentially-zoned property, shall be subject to the following conditions:

a.

The zoning administrator shall make a finding that due to the location of the new subdivision, locating a sign on a developed residential lot is necessary to direct the public to the development;

b.

The sign shall be limited to a total height of four feet measured from ground level;

c.

No dimension of the sign shall exceed two feet and the total sign area shall not exceed four square feet; d.

The sign shall be located only in a front or side yard, or as approved by the zoning administrator;

e.

Any off-site sign erected on a developed residential property shall be considered as one of the allowable offsite directional signs.

7.

No more than one off-site directional sign of any type shall be installed on any one parcel or property;

8.

No "Riders" Are Permitted. There shall be no additions, tags, signs, streamers, or other appurtenances added to the sign as originally approved;

9.

Any such sign approved for a particular subdivision shall not be changed to advertise another subdivision without separate approval by the zoning administrator;

10.

Such signs may be established along, but not within, the right-of-way of any highway, street or thoroughfare. Where such signs are within 1,000 feet of the right-of-way of any freeway, they shall be subject to review and approval by the zoning administrator. In conjunction with the approval of such signs, the zoning administrator

may require the applicant to enter into an agreement with the city to maintain the sign in an attractive manner throughout the duration of its existence;

11.

Such signs may be maintained for a period of one year, after which time an extension may be approved by the zoning administrator upon reapplication. All signs shall be removed within 30 days after the sale of the last unit in the subdivision.

12.

Prior to erecting any subdivision sign approved by the zoning administrator, a cash bond or letter of credit for surety in the amount of $250.00 for each sign shall be posted by the applicant. The applicant shall file, as well, a written statement by the property owner authorizing construction of an off-site subdivision sign on the property and authorizing both the applicant and the city to go onto the property at any time to remove the sign. In case of failure to perform or comply with any term or provision pertaining to such sign, the zoning administrator may declare the bond or letter of credit forfeited and order the sign removed. Up-on expiration of the sign approval and satisfactory removal of the sign by the applicant, the bond shall be released by the zoning administrator upon the applicant's request.

D.

One nonilluminated sign pertaining to a proposed use such as a church, school, park, apartment complex, shopping center, or any other proposed land use may be erected at the site of each such proposed use within the subdivision. Such signs shall display no greater than 12 square feet of sign area and shall be approved as to design and copy by the zoning administrator.

(Prior code §2-9.46; Ord. 1162 §§ 1, 2, 1984; Ord. 1656 § 1, 1995; Ord. 1657 § 1, 1995)

All temporary signs, except for temporary subdivision signs as defined in Section 18.96.090 of this chapter and except for all signs pertaining to the sale, lease, rental or display of a structure or land, shall be subject to the review and approval of the zoning administrator. Such sign shall not exceed 100 square feet in size or 14 feet in height. These height and size restrictions need not apply to properties over 100 acres in size. In conjunction with the approval of such signs, the zoning administrator may require the applicant to enter into an agreement with the city to maintain the sign in an attractive manner throughout the duration of its existence. Such signs shall be maintained for a maximum period of one year after which time an extension may be approved by the zoning administrator upon reapplication or the signs shall be completely removed. (Prior code § 2-9.47; Ord. 1162 § 3, 1984; Ord. 1492 § 2, 1990; Ord. 1520 § 3, 1991)

In addition to the regulations contained in this chapter, all signs visible from a State highway or freeway shall be subject to the regulations contained in the California Outdoor Advertising Act, Chapter 2, Division 3, of the Business and Professions Code.

(Prior code § 2-9.48; Ord. 1162 § 4, 1984)

No sign or outdoor advertising structure shall be permitted in a railroad right-of-way except as permitted in Section 18.96.030 of this chapter; provided, that business signs may be authorized by use permit. (Prior code § 2-9.49; Ord. 1162 § 4, 1984)

No sign exceeding six square feet shall be erected or displayed unless a zoning certificate has been issued by the zoning administrator; provided, that a zoning certificate shall be required for any sign projecting over public property or off-site sign, and shall not be required for temporary construction signs or for signs other than subdivision signs pertaining to the sale, lease, rental or display of a structure or land. (Prior code § 2-9.50; Ord. 1162 § 4, 1984)

Nonconforming signs shall be subject to the provisions of Chapter 18.120 of this title, provided that no zoning certificate for a sign shall be issued until all nonconforming signs on a site have been removed or altered to conform.

(Prior code § 2-9.51; Ord. 1162 § 4, 1984)

All signs shall be subject to design review by the zoning administrator as prescribed in Chapter 18.20 of this title. Any other sign determined by the zoning administrator to be inconsistent with Sections 18.04.010 and 18.96.010 of this title shall be subject to design review by the planning commission. Applicants are advised to confer with the zoning administrator before preparing detailed plans.

(Prior code § 2-9.52; Ord. 1162 § 4, 1984; Ord. 1492 § 3, 1990; Ord. 1520 § 3, 1991; Ord. 1656 § 1, 1995) A.

The community development director is empowered to grant temporary exceptions to the Sign Ordinance regulations to allow businesses to install temporary signs, banners, and/or decorations during public construction projects if the director finds that one or more of the following criteria is met:

A perceptible reduction in pedestrian or vehicular traffic due to construction activity near a business. 2.

Reduced pedestrian or vehicular access to a business due to construction activity.

3.

Reduced visibility of a business due to construction activity.

4.

Any other perceptible hardship that a business and/or property owner can demonstrate as a direct result of construction activity.

B.

Upon finding that one or more of the above criteria has been met, the community development director shall: (1) establish standards for the number, types, and sizes of signs and decorations, (2) determine the applicable businesses/properties that may utilize the temporary signs and decorations, and (3) determine the duration that the temporary signs and decorations may be displayed (the time period shall generally end at the completion of work and/or reopening of road(s) to traffic).

C.

The community development director shall ensure that no sign is erected which is detrimental to the public health, safety, or welfare and shall cause a sign to be removed if it is found to be such a detriment. D.

Any action of the community development director may be appealed to the planning commission or city council by any affected party pursuant to requirements of Chapter 18.144 (Appeals) of this title. (Ord. 1628 § 1, 1994; Ord. 2000 § 1, 2009)

Chapter 18.100 POLITICAL SIGNS, SIGNS ANNOUNCING COMMUNITY EVENTS AND RELIGIOUS HOLIDAY BANNERS (§ 18.100.010 – § 18.100.140)

In order to protect the rights of political candidates and those wishing to support or oppose candidates or ballot measures (and those wishing to announce community events), while protecting the public from traffic safety hazards, structural sign hazards, aesthetic blight, litter and loss of meaning of the message of such signs, the regulations provided in this chapter are adopted. (Prior code § 2-9.60)

No permit shall be required of any political campaign sign or community event sign which does not exceed the size limitations provided in this chapter so long as such signs are placed on private property. Political

campaign signs and community event signs which are within the size and placement requirements of this chapter shall be exempt from the requirements of Chapter 18.96 of this title.

(Prior code § 2-9.61)

Unless it appears from the context that a different meaning is intended, the following words shall have the meanings given them in this chapter:

"City"

means the city of Pleasanton, a municipal corporation in the state of California.

"Community event sign"

means any signs, banners or displays of a patriotic, civic or community nature.

"Person"

means any person, firm, partnership, association, corporation, company, committee for support or opposition of candidates or ballot measures or organizations of any kind.

"Political campaign sign"

means any sign urging the election or defeat of any candidate seeking any political office, or urging the

passage or defeat of any ballot measure but does not mean or include any billboard owned or maintained by a commercial firm or advertising company.

"Public property"

means all property owned by the city or other public agency within city boundaries, including but not limited to any building owned, operated or leased by a public agency; any street, bicycle or pedestrian right-of-way owned or controlled by the city; and public park recreation area, parkway, planter strip or other public grounds owned or operated by the city or other public agency; any traffic-control device or sign or the support pole of the device or sign; or any street tree or flagpole.

"Sign"

means and includes any bill, poster, placard, handbill, flyer, painting, sign or other similar object in any form whatsoever which contains printed or written matter in words, symbols or pictures, or in any combination thereof.

"Utility structure"

means any utility pole, supporting structure or guy wire owned by a public or private utility company.

"Religious holiday banner"

means any banner announcing a special religious holiday service for a religious group belonging to any religious institution.

(Prior code § 2-9.62; Ord. 1574 § 1, 1992)

A.

Maximum Size of Signs. No person shall post or cause to be posted on private property political campaign signs in an R district in excess of six square feet. No person shall post or cause to be posted on private property campaign signs in any other zoning district in excess of 16 square feet.

B.

Maximum Area per Site. No person shall post or cause to be posted political campaign signs on an individual parcel of private property in an R district which in the aggregate exceeds 24 square feet. No person shall post or cause to be posted political campaign signs on an individual parcel of private property in any other zoning district which in the aggregate exceeds 64 square feet.

C.

Maximum Size, Number and Duration of Religious Holiday Banners. No person shall post or cause to be posted on private property on sites exceeding 10,000 square feet in any zoning district, religious holiday banners in excess of 36 square feet. No person shall post or cause to be posted on private property, on sites 10,000 square feet or less in any zoning district, religious holiday banners in excess of six square feet. There

shall be no more than one banner posted on the site of any religious institution during a special religious holiday. Religious holiday banners may be posted for a maximum of eight days during any special religious occasion not exceeding four such religious holidays each year.

D.

Permission to Post. No person shall post or cause to be posted on private property political campaign signs, community event signs or religious holiday banners without first receiving permission from the property owner or any other person authorized by property owner to give permission to post such signs. (Prior code § 2-9.63; Ord. 1574 § 2, 1992)

It is unlawful for any person to post, place or affix a political campaign sign or cause to do the same, on or to any public property or utility structure. It is also unlawful for any person to post, place or affix a political

campaign sign or cause to do the same, on private property in a manner which poses a hazard to motorists, pedestrians or cyclists using the public rights-of-way, by blocking the view of traffic-control signs, devices or cross traffic or by protruding into the public right-of-way.

(Prior code § 2-9.64)

It is unlawful for any person to fail to remove a political campaign sign within five days after the election for which the sign was posted.

(Prior code § 2-9.65; Ord. 1496 § 1, 1991)

No person shall post or cause to be posted community event signs on private property, other than the property on which the event is to take place, more than 30 days prior to the event or fail to remove such sign within five days after the event. Size limits for community event signs shall be the same as those set forth in subsections A and B of Section 18.100.040 of this chapter for political campaign signs. Public agencies when posting community event signs on property owned by that agency are exempt from the limitation of this section.

(Prior code § 2-9.66)

The city manager or his or her authorized agents shall remove any sign found posted within the corporate limits of the city which is in violation of Sections 18.100.040, 18.100.050, 18.100.060 and 18.100.070 of this chapter.

(Prior code § 2-9.67)

For the purposes of removing illegal signs, the city manager or his or her authorized agents are empowered to enter upon the property where the signs are posted, and the city manager is further authorized to enlist the aid or assistance of any other department of the city and to secure legal process to the end that all such signs shall be expeditiously removed from any property where posted.

(Prior code § 2-9.68)

When the city manager or his or her agent finds that a sign has been posted in violation of Sections 18.100.040, 18.100.050, 18.100.060 and 18.100.070 of this chapter, he or she shall document the nature of the violation and the location of the sign and shall remove said sign and store it in a safe location. If, after reasonable diligence, the city manager is unable to contact the candidate, committee or person responsible for the sign, he or she may dispense with the notice requirement and remove the sign, storing it in a safe location. Any sign posted six days after the election or event shall be deemed abandoned and the city manager may dispense with notice requirements.

(Prior code § 2-9.69; Ord. 2120 § 1, 2015)

If the city manager or his or her agents removes any sign, he or she shall keep a record of the location from which the sign was removed. He or she shall store the sign in a safe location for at least 20 days and shall notify the candidate, committee or person responsible for the posting of the sign, indicating the fact of

removal and the location where it may be retrieved. If the city manager is unable to make telephone contact, he or she shall provide written notice, if the address of the candidate, committee or person is known or can

reasonably be ascertained. The city manager shall return any political campaign sign upon the payment of a fee to cover the costs of removal, notice and storage.

(Prior code § 2-9.70)

The city shall be entitled to receive a fee for every sign removed by the city manager, to cover the expense of removal, notice and storage not to exceed $5.00 per sign. Where unusual effort is needed to remove a sign, such as the cutting or removal of supporting structures, use of aerial devices, towing of "trailer signs", or other unusual situations, the city shall collect from the person responsible a sum sufficient to cover the costs of equipment and hourly wages of employees so utilized. Where no return of the stored sign is requested, the city manager shall bill the person responsible for the sign.

(Prior code § 2-9.71)

In a campaign for political office, the candidate for such office shall be deemed the person responsible for the posting of political campaign signs, unless he or she first notifies the city clerk and the city manager of another person who is responsible. In such case, the candidate shall provide the name, address, telephone number and signed consents of such other responsible person. In a campaign regarding a ballot measure, the president or chief officer of the committee supporting or opposing such ballot measure shall be deemed responsible, unless he or she first notifies the city clerk and the city manager of some other person responsible, in the manner described in this section. The candidate, or in the case of a ballot measure, the committee president or chief officer or other responsible person, if so designated, shall be liable to pay any fees or costs for the removal and storage of illegal signs, as set out in this chapter. Where a community event sign has been posted illegally, the president or chief officer of the group sponsoring the event shall be deemed the responsible person.

(Prior code § 2-9.72)

Billboards and other permanent signs used for advertising messages which are otherwise permitted by this code or exist as legal nonconforming uses are exempt from the regulations of this chapter. (Prior code § 2-9.73)

Chapter 18.101 HOUSING DEVELOPMENTS AND URBAN LOT SPLITS (§ 18.101.010 – § 18.101.110)

The purpose of this chapter is to provide objective zoning standards for housing developments and urban lot splits within single-family residential zones, to implement the provisions of state law as reflected in Government Code Section 65852.21 et. seq. and Section 664117 et. seq., and to facilitate the development of new residential housing units in a manner compatible with existing single-family residential uses and ensure sound standards of public health and safety.

(Ord. 2228 § 1, 2021)

"Flag lot,"

for purposes of this chapter, means a lot having access to a street by means of a private driveway or corridor of land not otherwise meeting the applicable regulations of the zoning ordinance for site width. The length of the corridor access shall be measured from the frontage line to the nearest point of intersection with that property line parallel or most nearly parallel to the frontage line.

"Housing development,"

for purposes of this chapter, means two residential units on a single parcel, each of which meet the definition of housing development unit as defined in this chapter.

"Housing development unit,"

for purposes of this chapter, means an attached or detached residential unit that meets the definitions of "dwelling unit" and "main structure" in Chapter 18.08 of this title.

"Person acting in concert with"

is a person that has common ownership of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

"Sufcient for separate conveyance"

means that each housing development unit is constructed in a manner adequate to allow for the transfer of title, ownership, rights and interests in the property, from one entity to another.

"Urban lot split"

means a subdivision of an existing parcel into no more than two separate parcels of approximately equal size and meeting all the criteria and standards set forth in this chapter.

(Ord. 2228 § 1, 2021)

A.

When not located on a site subject to an approved or proposed urban lot split: (1) a maximum of two housing development units per parcel meeting the requirements of this chapter are permitted; and (2) either one accessory dwelling unit or junior accessory dwelling unit per housing development unit meeting the requirements in Chapter 18.106 of this title is permitted, for a total of up to four units on the subject property.

B.

When located on a site subject to an approved or proposed urban lot split, a maximum of two housing development units meeting the requirements of this chapter are permitted per parcel resulting from the urban lot split, for a total of two units on each of the two resulting parcels. Should a resulting parcel include only one housing development unit, either one accessory dwelling unit or junior accessory dwelling unit meeting the requirements of Chapter 18.106 of this title is permitted.

(Ord. 2228 § 1, 2021)

A.

To be eligible for housing development or urban lot split as specified in state law, the proposed housing development or urban lot split shall meet all of the following criteria:

1.

Not be located on a site that is any of the following, as identified in Government Code Sections 65913.4(a)(6) (B) to (K), or as amended:

a.

Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of

Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

b.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). c.

Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This does not apply to sites excluded from the specified hazard zones by the city, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

d.

A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

e.

Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law, or by the city building & safety division.

f.

Within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional local permit requirement, standard, or action adopted by the city and applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

i.

The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the city.

ii.

The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 and Part 60 of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

g.

Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a norise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city and applicable to that site.

h.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the Federal Endangered Species Act of 1973, or other adopted natural resource protection plan.

i.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act of Division 3 of the Fish and Game Code), or the Native Plant Protection Act.

j.

Lands under conservation easement.

Does not require the demolition or alteration of:

a.

Housing subject to: (i) a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low or very low income; or (ii) any form of rent or price control through a public entity's valid exercise of its police power.

b.

Housing occupied by tenant(s) in last three years, as determined by the city based on city records or information requested by the city from the applicant.

3.

Owner has not exercised the owner's rights under Chapter 12.75 of Division 7 of Title 1 to withdraw accommodations form rent or lease within last 15 years.

4.

Does not demolish more than 25 percent of existing exterior structural walls.

5.

Is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. For purposes of this chapter, this includes the properties determined to be historic resources with adoption of the 2015 Historic Resource Survey, as amended by city council, the 2019 Downtown Specific Plan, as amended by city council, and 2009 General Plan, as amended by city council.

B.

For urban lot splits, the following criteria must also be met:

1.

Parcel has not been established through exercise of an urban lot split, as provided for in this chapter.

2.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this chapter. For the purposes of this criterion, "adjacent parcel" means a parcel sharing any portion of its property line(s) with the parcel being subdivided using the provisions of the urban lot split.

(Ord. 2228 § 1, 2021)

The following shall be provided for housing developments:

A.

Plot plan (drawn to scale) showing the dimensions of the lot on which the housing development units will be located; the location and dimensioned setbacks of all existing and proposed structures on the site; any existing trees proposed to be removed; all existing and proposed easements; building envelopes; and number and dimensions of parking spaces and curb cuts for the project site.

B.

Floor plans of each structure, existing and proposed, with each room dimensioned and the resulting gross floor area calculated, as defined in Chapter 18.08 of this title. C.

Elevation drawings of existing and proposed elevations, showing all relevant details of the proposed construction, including, but not limited to: dimensions, materials and colors, and any other special characteristics of the project.

D.

If demolition of any existing building is proposed, a demolition plan showing: (1) the linear feet of existing exterior structural walls to be demolished; (2) a total of the linear feet of exterior structural walls; (3) a

calculation indicating existing structural walls to be demolished as a percentage of total existing exterior structural walls; (4) the area to be demolished, with square footage; and (5) a calculation indicating the square footage of the area to be demolished as a percentage of total existing square footage.

E.

A table detailing the lot size; existing residential unit square footage (with and without the garage) if applicable; square footage of each proposed housing development; and square footage of each proposed accessory dwelling unit or junior accessory dwelling unit, if applicable.

F.

A declaration on a form provided by the city and signed by the property owner with a qualified notary as a witness, indicating whether or not the existing housing on the property has been occupied by a tenant in last three years.

G.

Other materials as determined by director of community development or city engineer.

(Ord. 2228 § 1, 2021)

The following shall be provided for an urban lot split:

A.

The plans for urban lot split shall be prepared by a person qualified to prepare subdivision maps, such as a registered civil engineer, licensed surveyor, practicing land or city planner. Such urban lot split shall be in full compliance with the requirements of this chapter. Topography and boundaries of said urban lot split shall be certified as to accuracy by a properly-licensed civil engineer or licensed land surveyor, and all public improvements shall be designed by a registered civil engineer.

B.

Applicant shall sign an affidavit in a form provided by the city stating the applicant intends to occupy one of the housing units on a resulting parcel as his or her principal residence for a minimum of three years from the date of the approval of the urban lot split, except this shall not apply to a community land trust or a qualified nonprofit corporation.

C.

The tract number and name.

D.

The name and address of the record owner or owners.

E.

The date, north point and a written and graphic scale. The scale of the map shall be one inch equals 100 feet, or as may be required by the city engineer, and shall be clearly and legibly reproduced.

F.

A sufficient description to define the location and boundaries of the proposed urban lot split.

G.

The locations, names and existing widths of adjacent streets, highways and rights-of-way.

H.

The names and numbers of adjacent tracts and the names of owners of adjacent unplatted land. I.

The contours at one-foot intervals for predominant ground slopes within the tract between level and five percent, and five-foot contours for predominant ground slopes within the tract over five percent. Such contours shall be referred to the system of benchmarks established by the city engineer; said system utilizing the North American Datum of 1983 (NAD 83).

J.

The approximate boundaries of areas subject to inundation or stormwater overflows and the location, width and direction of flow of all existing watercourses and storm drain facilities, plus a schematic diagram indicating the proposed storm drain system with tentative sizes and grades.

K.

The existing use or uses of the property and, to scale, the outline of any existing buildings and their locations in relation to existing or proposed street and lot lines.

L.

A statement of the present zoning and proposed use or uses of the property, as well as proposed zoning changes, whether immediate or future.

M.

Any proposed public area.

N.

The approximate location of all trees with a trunk diameter four inches or greater, standing within the boundaries of the urban lot split, or outlines of groves or orchards.

O.

The dimensions, locations and uses of all existing or proposed easements for drainage, sewerage, water, public utilities, and/or access.

P.

The approximate radius of each curve.

Q.

The approximate lot layout and dimensions of each lot.

R.

A statement of the water and other utility source, and indication of the location of all fire hydrants, and schematic diagram showing the proposed water system with tentative pipe sizes.

S.

A statement of provisions for sewerage and sewerage disposal, and a schematic diagram indicating the proposed sanitary sewer system with tentative sizes and grades.

T.

The locations, names, widths, approximate proposed grades and gradients of all streets, and a typical cross section of curbs, gutters, sidewalks, easements and other improvements. (Ord. 2228 § 1, 2021)

A housing development and urban lot split are not considered to increase the density of the lot upon which it is located. A housing development unit is a residential use that is consistent with the existing general plan and zoning designation for the lot.

(Ord. 2228 § 1, 2021)

A.

In any case, and notwithstanding the requirements of this title, the application to create a housing development, with or without an urban lot split, shall be ministerially approved and shall not be subject to Chapter 18.144 of this code.

B.

Notwithstanding the subsection A, above, an application for housing development or urban lot split may be denied if the chief building official, upon making written findings to the zoning administrator, finds the project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (Ord. 2228 § 1, 2021)

A.

All housing development units shall have separate utility connections and meters. If, however, as a result of an urban lot split or housing development proposal, an accessory dwelling unit becomes reclassified to a primary dwelling unit, a separate utility connection for the reclassified unit shall then be required.

B.

All housing development units, whether attached or detached, shall be designed for separate conveyance, as defined in this chapter, in accordance with applicable fire code and building code requirements.

(Ord. 2228 § 1, 2021)

Notwithstanding Title 19 of the Pleasanton Municipal Code, the city shall ministerially approve a parcel map for an urban lot split, subject to meeting all of the requirements in this chapter.

A.

The urban lot split shall result in no more than two parcels and one of the two parcels resulting from the urban lot split shall not be smaller than 40 percent of the lot area of the original parcel.

B.

The newly-created parcels shall conform to all of the following standards:

1.

Each lot shall be a minimum size of 1,200 square feet.

2.

The side line of all lots, so far as possible, shall be at right angles to the street which the lot faces, or approximately radial to the center of curvature, if such street is curved. Side lines of lots shall be approximately radial to the center of curvature of a cul-de-sac on which the lot faces.

3.

Each parcel shall provide for direct vehicular access to and have a minimum frontage of 30 feet on the public right-of-way, except for flag lots, where the frontage shall be the width needed to meet access standards as specified in this chapter.

4.

Parcels shall have a minimum width of 30 feet. Width shall be determined in accordance with the definition in Chapter 18.08 of this title.

5.

Parcels shall have a minimum depth of 40 feet. Depth shall be determined in accordance with the definition in Chapter 18.08 of this title.

6.

No lot shall be divided by a city boundary line.

7.

A lot depth in excess of twice the width shall be avoided whenever possible, and a lot depth in excess of three times the width shall not be permitted.

C.

Flag lots, if proposed, shall meet the following standards:

1.

A flag lot shall be allowed with an urban lot split in a situation where a conventionally configured lot would not allow for a second lot of at least 1,200 square feet, accommodating two housing development units of at least 800 square feet each.

2.

The portion of the flag lot constituting the access corridor shall be excluded when determining compliance with minimum lot size requirement of this chapter, from the site area, lot width, and lot depth as defined in Chapter 18.08 of this title, and for purposes of determining floor area as defined in Chapter 18.08.

Front, side, and rear yards for the purposes of identifying required setbacks shall be determined by the director of community development based on the relationship of the parcel to surrounding lots and structures and shall generally follow the pattern established by adjacent lots.

4.

The maximum width of the access corridor portion of the flag lot shall be the same as the minimum width specified for driveway access in chapter 18.88.040, except where greater width is required for fire department access.

5.

A fence may be constructed between the access corridor of a flag lot and the adjacent parcel, except that the fence height may not exceed 42 inches within the front yard area of the adjacent property.

6.

All fire code requirements shall be met with respect to, but not limited to: access, driveway length and width, turnarounds, clearance, road grades, fire hydrant connections.

D.

Driveways shall conform to the minimum standards set forth in chapter 18.88.040, or as specified in the fire code if emergency vehicle access is required.

E.

Two driveways on less than 70 feet of total frontage are permitted only when necessary to provide access to both parcels resulting from the urban lot split. In this case, either the aggregate width of two separate driveways or a combined shared driveway must comply with the dimensions set forth in Section 18.88.040 of this title and the driveway shall be configured to avoid unnecessary loss of available curbside parking in the neighborhood. Shared driveways and shared curb cuts are encouraged whenever possible.

F.

Public service easements shall be provided within the subdivision where required for public utility purposes, in accordance with Title 19 of this code.

G.

All uses on each newly-created parcel shall be limited to residential uses.

(Ord. 2228 § 1, 2021)

All housing developments and urban lot splits shall meet the following standards:

A.

The standards set forth in this chapter shall not preclude the construction of up two housing development units per parcel and shall not preclude each housing development unit from being at least 800 square feet in floor area.

B.

No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

C.

Each housing development unit shall maintain a minimum of four feet to interior side and rear property lines. D.

On the street side of a corner lot the side yard for a housing development unit shall not be less than twice the depth of the minimum side yard prescribed for the district, except that a side yard in excess of the required front yard depth shall not be required, and a side yard less than 10 feet shall not be permitted. E.

If a housing development unit is located in the side or rear yard otherwise established for the zoning district by Chapter 18.84 of this title, the maximum height of the portion of a housing development unit located between the four-foot setback line established by this chapter and the limit of the rear, side, or street side

yard area established by Chapter 18.84 of this title is 15 feet, as measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure, including parapet. If the housing development unit is proposed entirely outside of the rear, side, or street side yard area as established by the zoning district in Chapter 18.84 of this title, the maximum height of the housing development unit shall be the same as that established by the zoning district, and measured as specified in Chapter 18.84 of this title for primary structures.

F.

Housing development units on the same parcel shall be cumulatively limited to the floor area allowed by the residential zoning district that the parcel is located. In the instance where the floor area limitation results in a unit less than 800 square feet, the floor area limit may be exceeded but only to allow a unit up to 800 square feet.

G.

The upper stories of housing development units shall be separated from any structure on adjacent parcels by the following standards:

1.

Where both the housing development unit and the structure on the adjacent property is two or more stories, a minimum separation of 20 feet shall be provided between the upper stories of the housing development unit and the upper stories of the structure on the adjacent property.

2.

Where only the housing development unit is two or more stories and the structure on the adjacent parcel is one story, a minimum separation of 17 feet shall be provided between the upper stories of the housing development unit and structure on the adjacent property.

For purposes of this section, separation shall be measured from the wall of one structure to the wall of the other structure excluding architectural projections.

H.

Housing development units shall be separated from accessory structures on the same parcel, parcels resulting from an urban lot split, or adjacent parcels by a minimum of six feet, except that the distance between a main structure and an accessory structure shall be allowed to be closer than six feet if all of the following conditions are met:

1.

These separation requirements would cause the housing development unit to conflict with the minimum setbacks or unit size otherwise allowed by this chapter.

2.

All of the requirements of the building and fire codes are met.

3.

If accessory structures are not located closer than three feet to any side or rear property line.

I.

The floor area of the upper stories of housing development units shall be limited to 40 percent of the floor area on the first floor.

J.

Housing development units shall meet the following standards for roof forms and detailing:

1.

New structures shall provide a roof sloped to a minimum of 3:12 inches.

a.

A sloped roof shall be defined as a gable, hip, cross gable roof, or any combination thereof. Mansard roofs shall be prohibited.

b.

Sloped roofs shall be allowed to be designed for habitable use provided that they comply with floor area maximums.

c.

Roofs for housing development units that result from alteration or addition to an existing main structure shall match the existing slope, form, and materials of the main structure.

2.

Roof material and color shall be consistent throughout the entirety of the roof within each new or modified building that is part of the housing development unit. Metal roll and standing seam roofing shall be prohibited, except where their use is documented on existing adjacent structures.

3.

Roofs shall be detailed with projecting eaves and gable rakes. These overhanging elements shall project a minimum of 12 inches from the face of the adjacent building wall.

4.

A minimum of 25 percent of roof area shall be articulated with any combination of hip, gable, or shed dormers.

5.

The roof styles and materials of garages and carports shall match the materials and detailing of main and accessory structures.

K.

No balconies or upper-story decks shall be allowed for a housing development unit, except for decorative/faux balconies without decks.

L.

Notwithstanding provisions in Chapter 18.84 of this title, if a housing development has stairs leading to an upper story, the staircase shall be fully enclosed within the interior of the housing development unit. A staircase on the exterior of a housing development unit shall not be permitted.

M.

Upper story windows located closer than 25 feet from and facing an existing primary residence on an adjacent property shall be located to maximize privacy for adjacent properties by using at least one of the following techniques:

1.

The sill height located a minimum of 60 inches above the finished floor.

2.

The location of the window is such that the centerline of the glazing is offset greater than 15 lateral feet from the centerline of any glazing on an existing adjacent primary structure.

3.

Any window sash located partially or entirely below 60 inches from the finished floor consists of frosted or obscured glazing.

As used in this section, frosted or obscure glass is glass which is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable.

As used in this section, the 25-foot measurement shall be measured from the wall of one structure to the wall of the other structure excluding architectural projections.

N.

Fences, walls, hedges, and decorative structures shall meet the requirements identified in Chapter 18.84 of this title, except that chain link fencing shall not be permitted.

O.

Housing development units positioned along any street frontage shall meet the following requirements:

1.

A minimum of one housing development unit on each lot shall be oriented with the front entry door to the unit facing the street.

2.

Where the housing development comprises two side-by-side detached units positioned along the street frontage, each shall be oriented to face the street. Corner lots with two or more street frontages shall orient the housing development units to face each street.

3.

Where two housing development units are proposed in an attached configuration on an interior lot, one of the two units shall be oriented such that its front entry door faces the street, and the other unit shall be oriented such that its front entry door is on the building side or rear facade. On a corner lot, it is encouraged, but not required, for the two front entry doors to respectively face the front and street side. In no case, whether on an interior or a corner lot, shall the front entry doors to two attached housing development units be located on the same façade.

4.

A street-facing front entry door and landing shall be located between 18 to 36 inches above the existing elevation at the top of the curb. Downslope lots shall be exempted from this requirement.

5.

Street-facing front entries shall be clearly identifiable and connected to the public street by a pedestrian path with a minimum width of four feet.

6.

Street-facing entries shall provide either a porch or patio that is a minimum of seven feet wide and five feet deep. Unroofed porches or patios, with three open sides, may come to a point not closer than 12 feet to a front property line, or may not project more than eight feet into a required front yard or side yard on the street side of a corner lot, or to a point not closer than three feet to an interior side or rear property line, provided that the height, including railings, shall not exceed six feet above the grade of the ground at the property line.

7.

Street-facing doors shall provide six square feet of glazing through any combination of door glazing, sidelights, or transoms.

P.

Mechanical and utility equipment shall be concealed as viewed from the public right-of-way. With the objective of fully screening the equipment, ground-mounted equipment shall be screened by a combination of walls or fencing and landscaped plant material up to a maximum height of 42 inches. In no case shall screening cause a sight obstruction to pedestrian, bicycle, or vehicular traffic as determined by the city traffic engineer. Roof mounted equipment shall be screened by the use of architectural screens or roof wells. Q.

Refuse containers shall not be located within private driveways or be visible from the public right-of-way. R.

Windows and glazing areas of housing development units shall comply with the following: 1.

Windows shall conform with the following:

a.

Tinted windows and colored glazing are prohibited.

b.

Plastic glazing shall be prohibited for windows and skylights.

c.

Simulated mullions shall be allowed only when mullions are located on both the inside and outside faces of the glazing.

d.

Windows located in stucco walls shall be recessed a minimum of two inches, but are not required exterior trim.

e.

Windows located in wood clad or masonry walls shall provide surrounding wood trim with a minimum width of three inches.

2.

Exterior wall planes exceeding 250 square feet in area shall provide glazing for 30 percent of the total wall area.

S.

Building façades and materials:

1.

Elevations visible from the public right-of-way shall contain features to provide visual interest through a combination of at least two of the following:

a.

Volumetric elements with a minimum projection of 24 inches beyond the plane of the façade with use of window bays, building recesses, or porches with columns.

b.

Façade elements with a minimum depth of four inches with use of window boxes or by offsetting a change in façade material with use of wainscot or water table.

c.

A minimum two-foot plan offset at the shared wall of attached housing developments.

2.

Housing development units shall be composed of durable, quality materials as hereby identified:

a.

The following façade materials shall be prohibited: T-111 and similar plywood siding, corrugated and standing seam metal, vinyl and plastic siding, and foam and stucco trim.

b.

The following roofing materials shall be prohibited: non-dimensional three-tab asphalt shingles, wood shake roofing, and corrugated metal and plastic.

c.

Stucco shall be used in combination with a secondary wall material.

d.

Durable and fire-resistant alternatives for traditional materials shall be allowed. Fiber cement siding is permitted as a substitution for wood shake, horizontal siding, or board and batten paneling. Cement S-tile roofing is permitted as a substitution for clay tile.

3.

With the objective of defining building massing elements, transitions for both material and color shall be located at interior corners.

A minimum of two exterior building colors shall be used on each housing development unit at the streetfacing façade. Housing development units with no street-facing façade shall designate a front façade to meet this standard.

T.

Housing development units shall comply with the following landscaping requirements:

1.

Lots with aggregate landscaped area equal or greater to 2,500 square feet shall comply with the Pleasanton Model Water Efficient Landscape Ordinance.

2.

Street-facing elevations shall be designed with a minimum four-foot landscaping zone adjacent to their foundation or porch face.

3.

Front and side yard setbacks shall be limited to a total of 40 percent impervious coverage.

4.

Landscaping used to screen views of storage areas, trash enclosures, mechanical or HVAC equipment, irrigation and plumbing equipment, and transformers shall be a maximum of 42 inches in height. In no case shall screening cause a sight obstruction to pedestrian, bicycle, or vehicular traffic as determined by the city traffic engineer.

U.

Housing development units shall comply with the following lighting requirements

1.

Applicants shall provide the following information for proposed exterior lighting fixtures: a.

Manufacturer cut sheets with backlight uplight glare (B.U.G.) rating

b.

Lighting locations indicated on building or site plans

c.

Mounting heights for all proposed exterior fixtures.

2.

Exterior lighting fixtures shall provide a maximum backlight uplight glare (B.U.G.) rating of B3 U0 G1.

3.

All exterior lighting fixtures shall be appropriate for California Energy Commission Lighting Zone 3.

4.

Lights shall be shielded to prevent light trespass across property lines, including any property lines that result from a proposed urban lot split.

V.

All housing development units shall comply with the single-family residential provision in Section 17.50.040, Green building standards for compliance.

W.

One off-street, covered parking space shall be provided per housing development unit, except if the parcel is located: (1) within one-half mile walking distance of either a high-quality transit corridor or a major transit stop; or (2) within one block of a car share vehicle. Transit frequency shall be based on the schedule posted by the transit agency at the time of the issuance of the first "completeness" letter issued by the city following submittal of the application. Vehicle parking spaces shall not: (1) be located within a front, side, or street side yard setback; (2) be a tandem space; or (3) be provided in a driveway. Vehicle parking spaces shall meet the minimum dimensions set forth in Section 18.88.040 of this title.

X.

Garages constructed for housing development units shall meet the following standards:

1.

Front or side-entry attached garages are permitted but shall comply with the standards identified in Chapter 18.84 of this title. An attached, front-entry garage shall be set back at least four feet behind the front plane of the structure to which it is attached.

2.

Garage doors located in stucco walls shall be recessed a minimum of three inches from the surrounding building wall.

3.

Garage doors located in wood clad (or similar) siding, or masonry walls shall provide surrounding wood trim with a minimum width of three inches.

Y.

Sites containing a septic tank system shall provide evidence of a percolation test within the last five years, or, if the percolation test has been recertified, within the last ten years.

Z.

Rental of any housing development unit shall be for more than 30 consecutive days.

AA.

Housing development units shall comply with applicable building and fire code safety standards such that each structure is sufficient to allow for its separate conveyance. BB.

Except where indicated in this chapter, housing development units shall comply with other zoning and building requirements generally applicable to residential construction in the applicable zone where the property is located.

CC.

Development standards set forth in a planned unit development or specific plan shall apply to any housing development except that any such planned unit development or specific plan standard cannot be applied if it would either: (1) result in a conflict with standards set forth by state law for a housing development; or (2) preclude a housing development that meets the applicable requirements of state law or this chapter. DD.

Housing developments shall comply with the following owner occupancy requirements:

1.

In the case where there is no urban lot split, one of the two housing development units shall be occupied by the property owner. The property owner may rent both of the housing development units to a single party. Rental of any accessory dwelling unit or junior accessory dwelling unit associated with a housing development unit shall be as specified in Chapter 18.106 of this title. The owner shall be a signatory to any lease for the rented unit(s), for which the city may reasonably require a copy of to verify compliance with this chapter and shall be the applicant for any permit issued under this chapter.

2.

In the case where there is an urban lot split, the applicant shall sign an affidavit on a form provided by the city stating that the applicant intends to occupy one of the housing development units as his or her principal residence for a minimum of three years from the date of approval of the urban lot split. (Ord. 2228 § 1, 2021)

Chapter 18.103 BEEKEEPING (§ 18.103.010 – § 18.103.100)

Beekeeping is beneficial for society as bees are essential for pollination, gardening, and food production. The purpose of this chapter is to promote public health, safety and welfare and to establish reasonable and uniform regulations for beekeeping: on land in the A (Agricultural) zoning district; for properties with detached, single-family homes located in the R-1 (One-Family Residential) zoning district and RM (Multi-Family

Residential) zoning district; and for properties with detached, single-family homes located in the Downtown Specific Plan Area.

(Ord. 2113 § 1, 2015) For the purposes of this chapter, certain words and terms used are defined as follows:

"Absconding" or "abscond" means the permanent departure of the majority of the bees within a colony. "Bee"

means any stage of the common domestic honey bee, Apis Mellifera species. "Beekeeper" means a person who keeps bees. "Beekeeping" means the maintenance of bee colonies in hives. "Brood"

means immature bees, in various stages of development, before they emerge from their honeycomb cell. "Flyway barrier"

means the barrier used adjacent to the hive opening that forces bees to fly upwards.

"Hive"

means a structure for the housing of a bee colony. Hives are typically a series of boxes stacked one on top of the other.

"Requeen" means to replace the queen bee in a colony with a younger and more productive queen. "Robbing"

means the taking of honey from a colony by other bees or insects. "Swarming" or "swarm" means the movement of at least several hundred bees in a group from a colony. (Ord. 2113 § 1, 2015)

An application for a permit to keep bees shall be filed with the zoning administrator on a form prescribed by the city and shall include the following information and maps:

A.

Name and address of the applicant, who must be the proposed beekeeper;

B.

Statement of whether the applicant is the owner or a tenant of the property on which the beekeeping is proposed to be located; and if a tenant, the name and contact information for the property owner, landlord, or management company; as well as the signature of the property owner, landlord or management company consenting to the application;

C.

Address or description of the property on which the beekeeping is proposed to be located; D.

Statement of whether any applicable covenants, conditions or restrictions applicable to the property allow beekeeping;

E.

Statement indicating the precise manner of compliance with each of the applicable provisions in Section 18.103.080, together with any other data pertinent to the granting of a permit;

F.

Description and drawings of the proposed: (1) hive; (2) water source for bees; (3) flyway barrier;

G.

An accurately scaled drawing of the parcel showing existing and proposed locations of streets, property lines, existing structures, landscaped areas, fences, walls, trees on-site and off-site that are located within close proximity of the proposed location of the hive, driveways, pedestrian walks, and the footprint drawing of the proposed location of the hive, water source, and flyway barrier;

H.

The zoning administrator may require additional information, plans and drawings if necessary to determine whether the proposed beekeeping will comply with all of the applicable provisions of this chapter. The zoning administrator may authorize omission of any of the plans and drawings required by this section if he or she determines the information is not necessary.

(Ord. 2113 § 1, 2015)

The application shall be accompanied by a fee established by resolution of the city council to cover the cost of processing the application.

(Ord. 2113 § 1, 2015)

Mailed project notification shall be provided in accordance with the procedures detailed in Chapter 18.12.044. While public hearings are not automatically required for these projects, any member of the public may request a public hearing.

(Ord. 2113 § 1, 2015; Ord. 2303, 12/6/2025)

After the notice period runs, and if no administrative public hearing is requested (as described below), the zoning administrator (or designee) shall review the application and issue a decision to approve, approve with conditions, or deny the application. If, however, an administrative hearing is requested by the applicant or any interested person, the zoning administrator shall hold an administrative hearing. Subsequent to the hearing, the zoning administrator shall render a decision to approve, approve with conditions, or deny the application. (Ord. 2113 § 1, 2015)

Any action of the zoning administrator is subject to the appeal provisions in Chapter 18.144. An application, if approved, is applicable only to the named beekeeper and parcel and does not run with the land. (Ord. 2113 § 1, 2015)

Beekeeping shall only be allowed when the following regulations are met:

A.

Hives shall only be allowed and maintained on land in the A zoning district, on properties with detached, single-family homes located in an R-1 zoning district and RM zoning district, and properties with detached, single-family homes located in the Downtown Specific Plan Area.

B.

In the R-1 zoning district, RM zoning district, or Downtown Specific Plan Area zoning district, the beekeeper shall reside at the property where the hive is located.

C.

In the R-1 zoning district, RM zoning district, or Downtown Specific Plan Area, hives shall be located at least five feet from the side and rear property lines. Hives are not allowed in the area between the front property line

and the single-family house. The location of hives on land in the A zoning district shall be subject to review on a case-by-case basis by the zoning administrator.

D.

No more than two hives shall be allowed on detached, single-family properties located in the R-1 zoning district, RM zoning district, and Downtown Specific Plan Area; and no more than 10 hives shall be maintained within the A zoning district.

E.

All bee colonies shall:

1.

Be kept in inspectable hives, as determined by the city's code enforcement officer, animal services officer, and/or designee;

2.

Have a convenient water source for the bees located on the subject site that is within at least 10 feet of the hive. Dripping faucets shall not be allowed; and

3.

Have a flyway barrier at the opening of the hive that forces the bees to cross the property line at a minimum height of six feet. The top of the flyway barrier shall not be greater than seven feet tall and shall extend beyond either side of the beehive. The flyway barrier can be solid or vegetative, or use an alternative composition, as determined by the zoning administrator, with the dimensions and setbacks determined by the zoning administrator.

F.

All hives shall:

1.

Be kept in a usable condition at all times, as determined by the city's code enforcement officer, animal services officer, or designee;

2.

Have removable frames/combs;

3.

Be kept off the ground to prevent wood rot; and

4.

Be inspected by the beekeeper no less than three times between March 1st and October 1st of each year to ensure that the conditions of the hive(s) are maintained and to prevent natural requeening that can lead to swarming.

G.

Hive materials and/or equipment shall be stored in a sealed container or placed within a bee-proof enclosure. Beekeepers shall ensure that no burr comb, honey or related materials are dropped and/or left on the subject site such that it would attract pests.

H.

Hive entrances shall face away from or be parallel to the nearest property line(s).

I.

The maximum height of a hive, including the stand, shall not exceed four feet. J.

To prevent swarming, the beekeeper shall continuously manage the hive and requeen each hive at least once every two years.

K.

No beekeeping permit shall be granted if the beekeeping will be detrimental to public health, safety, and welfare.

L.

Notwithstanding the standards set forth above, the zoning administrator (or designee) has discretion to approve additional hives and/or hives in excess of four feet in height if the size, topography, or other physical conditions of the lot can accommodate such hives.

M.

Upon securing a beekeeping permit, an inspection of the site and hives by the city's code enforcement officer, animal services officer, or their designee (collectively the inspector), is required at least one week, but no later than three weeks, after bringing the bees on-site. For such inspections, beekeeper shall be at the site to meet inspector.

(Ord. 2113 § 1, 2015)

Bees or hives shall be considered a public nuisance when the beekeeper's bees swarm, the bees abscond, or the beekeeping does not conform to this code, or hives are abandoned by the beekeeper.

Where there is reasonable cause to believe that there exists a violation of this chapter which may cause health or safety hazards to residents and/or visitors, the city's code enforcement officer, or animal services officer, or their designee, is authorized to enter upon the property to inspect or to perform duties authorized by this chapter.

Any person who violates any provision of this chapter shall be subject to administrative fines and/or penalties pursuant to Chapter 18.140.

In addition, when there is reasonable cause to believe that there exists a violation of this chapter, or, if

application is approved subject to conditions, upon failure to comply with conditions, an approved application shall be subject to suspension, modification or revocation. The zoning administrator shall hold a public hearing to consider any suspension, modification or revocation of an approved application. (Ord. 2113 § 1, 2015)

The regulations concerning effective date of the beekeeping permit, review or appeal, suspension and revocation, and new applications shall be those contained in this chapter.

Modifications requested by the beekeeper for a previously approved application shall be handled by the zoning administrator pursuant to the procedures set forth in this chapter for new applications. (Ord. 2113 § 1, 2015)

Chapter 18.104 HOME OCCUPATIONS (§ 18.104.010 – § 18.104.080)

In order to allow the conduct of those types of occupations which traditionally take place in residences and which do not create the potential for changing the residential character of the neighborhood, the zoning administrator is empowered to grant home occupation permits. Home occupation permits can be granted by the zoning administrator only where all conditions listed in Section 18.104.030 of this chapter can be met. However, the planning commission, on appeal, can modify the conditions if it finds that such modifications will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

(Prior code § 2-10.15)

Where the following regulations are met, no permit shall be required for the conduct of an occupation in the home:

A.

No one other than one resident of the dwelling shall be employed in the conduct of the home occupation. B.

The home occupation shall consist of office-type activities only (phone use, bookkeeping, drafting, etc.) and the production of minor arts and crafts items such as macramé, painting, tole painting, etc., if the proper safety equipment is provided.

C.

No clients or customers shall come to the premises in connection with the home occupation. D.

The home occupation shall be conducted only in the dwelling and shall be clearly incidental and subordinate to the use of the structure as a dwelling.

E.

There shall be no signing employed on the premises in conjunction with the home occupation.

F.

The existence of the home occupation shall not be apparent beyond the boundaries of the site.

G.

The residence address shall not be used in any advertising done in conjunction with the home occupation. H.

Materials, stock, supplies or equipment shall not be delivered to or picked up from the residence in connection with a home occupation except by the permittee.

I.

Equipment, materials and supplies used for the home occupation shall consist of office-type items (typewriter, desk, files, etc.) and those used in the production of minor arts and crafts items (yarn, hemp, watercolors, oil paints, etc.) and shall not occupy more than one room of the dwelling.

J.

The home occupation shall not create pedestrian or vehicular traffic in excess of the amount normally generated by residential uses allowed in the district.

(Prior code § 2-10.16)

Except as stipulated in Section 18.104.070 of this chapter, home occupations in A and R districts shall comply with the following regulations:

A.

No one other than residents of the dwelling shall be employed in the conduct of a home occupation.

B.

Materials, equipment, stock or supplies used for a home occupation shall not occupy more than one room of a dwelling or more than 50 square feet of an accessory building or garage.

C.

Nothing in connection with a home occupation shall inhibit the use of a garage for the storage of motor vehicles.

D.

No manufacturing shall take place in conjunction with a home occupation except for the production of handmade objects otherwise consistent with the conditions of this chapter.

E.

The home occupation shall be clearly incidental and subordinate to the use of the structure as a dwelling. F.

A home occupation shall not create any radio or television interference, or create noise in excess of that normally created by residential uses allowed in the district.

G.

A home occupation shall not emit smoke, odor or liquid or solid waste in excess of the amount normally created by residential uses allowed in the district.

H.

A home occupation shall not create pedestrian or vehicular traffic in excess of the amount normally generated by residential uses allowed in the district.

I.

Materials, stock, supplies or equipment shall not be delivered to or picked up from the residence in connection with a home occupation except by the permittee.

J.

No vehicle exceeding one ton in size shall be used in conjunction with a home occupation.

K.

Except as stipulated in Section 18.96.040 of this title, no signing shall be employed on the site in conjunction with a home occupation.

L.

The existence of a home occupation shall not be visually apparent beyond the boundaries of the site. (Prior code § 2-10.17; Ord. 1738 § 1, 1998)

A.

Gunsmiths.

B.

Firearm sales, provided, however, that federally licensed firearm dealers with home occupation permits approved prior to the effective date hereof shall be given one year from the effective date hereof to comply with the ordinance codified in this chapter.

(Ord. 1738 § 1, 1998)

Application for a zoning certificate for a home occupation shall be made to the zoning administrator on a form supplied by the city. The zoning administrator shall issue a certificate upon determining that the proposed home occupation meets all of the requirements of this chapter.

(Prior code § 2-10.18; Ord. 1738 § 1, 1998)

Decisions of the Zoning Administrator are final unless appealed to the Planning Commission under the provisions of Chapter 18. 144.

(Prior code § 2-10.19; Ord. 1738 § 1, 1998; Ord. 2303, 12/6/2025)

The planning commission may approve or deny an appeal and in approving an application, may impose additional conditions or may modify any of the conditions required in Section 18.104.030 of this chapter if it determines that such additional conditions or modifications will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. (Prior code § 2-10.20; Ord. 1738 § 1, 1998)

Upon violation of any applicable provision of this chapter, or, if granted subject to conditions, upon failure to comply with conditions, a home occupation permit shall be suspended automatically. The Planning Commission shall hold a public hearing within 40 days, and if not satisfied that the regulation, general

provision, or condition is being complied with, may revoke the home occupation permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. The decision of the Planning Commission shall be effective pursuant to the procedures outlined in Chapter 18.144 unless otherwise appealed.

(Prior code § 2-10.21; Ord. 1738 § 1, 1998; Ord. 2303, 12/6/2025)

Chapter 18.105 COTTAGE FOOD OPERATIONS (§ 18.105.010 – § 18.105.060)

The city is required by 2012 state laws AB 1616 (cottage food operations) and AB 2297 (California Retail Food Code) to allow cottage food operations in residential areas under specific circumstances. This chapter is intended to comply with state law, and adopt the reasonable standards allowed by state law to provide that cottage food operations in residential areas do not create unreasonable impacts.

(Ord. 2056 § 1, 2013)

Applications for cottage food operations shall be processed in accordance with the provisions of this chapter. (Ord. 2056 § 1, 2013)

An application for a permit to engage in a cottage food operation shall be filed with the zoning administrator on a form prescribed by the city and shall include the following information and maps:

A.

Name and address of the applicant, who must be the proposed cottage food operator (the individual who proposes to operate the cottage food operation in his or her private residence and is the owner of the cottage food operation) (see California Health and Safety Code Section 113758(b)(2));

B.

Statement of whether the applicant is the owner or a tenant of the property on which the use is proposed to be located; and if a tenant, the name and contact information for the property owner, landlord, or management company; as well as the signature of the property owner, landlord or management company consenting to the application;

C.

Address or description of the property on which the use is proposed to be located;

D.

Copy of the permit issued by, or application submitted to, the Alameda County department of environmental health food safety division for the proposed cottage food operation;

E.

Description of whether the proposed use will include the involvement of: (1) a family member or household member of the cottage food operator, (2) a paid or volunteer individual involved with the cottage food products who works for the cottage food operation (see California Government Code Section 113758);

F.

Statement of whether the proposed use will involve: (1) direct sales to customers of cottage food products at the property, (2) direct sales to customers off-site, (3) direct sales at temporary off-site events such as holiday bazaars, bake sales, food swaps, farm stands, etc., (4) indirect sales to third party retailers at the property, (5) indirect sales to third party retailers off-site, and (6) any other mode(s) or location(s) of sales;

G.

Statement of whether any applicable covenants, conditions or restriction applicable to the property allow cottage food operations or similar home occupations;

H.

Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a permit, prescribed in Section 18.105.050 of this chapter;

I.

An accurate scale building drawing of the residence showing: (1) areas registered and permitted by, or areas shown on application submitted to, the Alameda County department of environmental health food safety division for cottage food preparation, packaging and related exclusive storage, (2) all doors and exits, (3) all vehicle parking spaces;

J.

An accurate scale drawing of the site showing property lines, existing streets, structures, driveways, pedestrian walks, and on-and off-site parking and loading areas; K.

The zoning administrator may require additional information, plans and drawings if they are necessary to determine whether the proposed use will comply with all of the applicable provisions of this chapter. The zoning administrator may authorize omission of any or all of the plans and drawings required by this section if they are not necessary.

Applicant has the right to request a fee verification for any fee paid pursuant to this chapter. (See California Government Code Section 51035.)

(Ord. 2056 § 1, 2013)

After submittal of the information required by Section 18.105.030 and review of the application for compliance with the standards set forth in Section 18.105.050, the Zoning Administrator shall approve, approve in modified form, or deny the application. The Zoning Administrator shall grant the permit if the proposed cottage food operation, as applied for or as modified, complies with the standards set forth in Section 18.105.050. Decisions of the Zoning Administrator are final unless appealed to the Planning Commission under the provisions of Chapter 18.144.

(Ord. 2056 § 1, 2013; Ord. 2303, 12/6/2025)

Cottage food operations shall be required to meet the following requirements:

A.

Spacing. No cottage food operation shall be approved if: (1) the property line of the site of the proposed use is located within 300 feet and on the same street or the corner of a cross-street of the property line of any single-family home where another cottage food operation is located; or (2) if the proposed use is located within the same building of an apartment complex or other multi-family housing (i.e., condominiums or townhomes) where another cottage food operation exists.

B.

Parking and Loading Requirements. For single-family homes, parking spaces in the property's garage or carport (if present) and driveway shall be provided for the actual parking demand created by the use,

including parking spaces for the applicant's own vehicles, parking spaces for employees if employees are present, and one parking space for customers if direct sales on the property are proposed. For apartments and multifamily developments, the cottage food operator's designated space(s) shall be available for the actual parking demand created by the use, including parking spaces for the applicant's own vehicles, parking spaces for employees if employees are present, and one parking space for customers if direct sales on the property are proposed. On-site parking in an apartment complex or other multi-family residence requires approval from the property owner, landlord, homeowners association or property manager.

On-street parking spaces may be used for persons picking-up and/or delivering materials for the operation and third party retailers coming to the property if proposed.

If the proposed operation will involve loading of food products into vehicles, such loading may occur anytime within an enclosed garage when the garage door is shut. Hours for loading vehicles outside of a garage are limited from 8:00 a.m. to 6:00 p.m. Monday through Friday, and 10:00 a.m. to 4:00 p.m. on Saturday and Sunday. Vehicles shall not idle when being loaded.

C.

Noise Control. Cottage food operations shall not create noise levels in excess of those allowed in the applicable residential areas in the noise element of the general plan or in excess of those allowed in residential property by Chapter 9.04 of this code.

D.

Size. Cottage food operations shall occupy no more of a residence than the lesser of: (1) 30 percent of the floor area of the dwelling excluding garage area; or (2) the area permitted by the Alameda County department of environmental health food safety division.

E.

No Signage or Outdoor Sales. Cottage food operations shall not install or post signage or advertisements identifying the cottage food operation at the site or building where the operation is located. No outdoor sales shall be allowed at the site of the cottage food operation.

F.

No Dining. If direct sales are proposed at the site of the cottage food operation, no third parties or customers shall be permitted to dine at the cottage food operation.

G.

Code Requirements. While the use of a residence for a cottage food operation shall not constitute a change of occupancy for purposes of building and fire codes, to the extent that building modifications are proposed (e.g., more walls for storage areas, new electrical panel for range) the cottage food operation shall meet all requirements of Title 20 (Buildings and Construction).

(Ord. 2056 § 1, 2013)

The regulations concerning effective date of the permit, review or appeal, lapse of permit, suspension and revocation, new application and successors in interest shall be those contained in Section 18.144.020. Modifications shall be handled by the zoning administrator pursuant to the procedures set forth in this article for new applications.

(Ord. 2056 § 1, 2013)

Chapter 18.106 ACCESSORY AND JUNIOR ACCESSORY DWELLING UNITS (§ 18.106.010 – § 18.106.090)

Note: Prior ordinance history: Ord. 1812; Ord. 1885; Ord. 2000; Ord. 2080; Ord. 2161; Ord. 2179; Ord. 2213; Ord. 2244 and Ord. 2277.

Accessory and junior accessory dwelling units are a valuable form of housing in the city. These units meet the city's general plan housing policies related to: attaining a variety of housing types; providing housing stock to lower income households; including lower income housing units within market rate housing projects; providing alternative, nontraditional means suited to the community to fill lower and moderate income housing needs; meeting the city's share of regional housing needs; providing a means to assist homeowners in financing the acquisition of a home; and providing security to homeowners living alone.

The further purpose of this chapter is to comply with the requirements of state law. To do so, this chapter identifies those zoning districts where an accessory dwelling unit or junior accessory dwelling unit meeting enumerated standards to ensure neighborhood compatibility is a permitted use in that district. (Ord. 2300, 10/21/2025)

A.

"Accessory dwelling unit"

shall mean an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the one-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: 1.

l dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the one-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: 1.

An efficiency unit.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B.

"Junior accessory dwelling unit"

shall mean a unit that is no more than 500 square feet in size and contained entirely within a one-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

C.

"One-family development"

shall mean a property, site or parcel that contains one dwelling unit (other than an accessory dwelling unit), where the primary dwelling unit is detached and/or separated from any adjacent dwelling unit other than an accessory dwelling unit. A property, site or parcel containing multiple detached single-family dwellings on the same lot shall also be considered a one-family development.

D.

"Multi-family development"

shall mean building(s) or structure(s) to house more than one household within separate dwelling units, including units having attached or shared walls.

E.

"Statewide exemption accessory dwelling unit"

shall mean a unit that complies with Government Code Section 66323 and meets one of the following:

1.

For Single-Family Residential.

a.

One accessory dwelling unit that is within the proposed space of a new, one-family development. The unit shall include an exterior entrance independent of the primary dwelling, and may be located within a garage or carport attached to the primary dwelling.

b.

A conversion of space within an existing one-family development to an accessory dwelling unit. The unit shall include an exterior entrance independent of the primary dwelling, and may be located within a garage or carport attached to the primary dwelling.

c.

Conversion of an existing accessory structure to an accessory dwelling unit, with up to 150 square feet of additional floor area, if necessary to accommodate ingress and egress.

d.

One detached, new construction accessory dwelling unit, which has a floor area of not more than 800 square feet, a maximum height of 16, 18, or 20 feet depending on conditions specified in Government Code Section 66321(b)(4), and four-foot side and rear yard setbacks.

e.

One junior accessory dwelling unit.

For Multi-family Residential. Multiple state-exempt accessory dwelling units are permitted on lots containing a proposed or existing multi-family dwelling structure or structures, as follows:

a.

All proposed multi-family structures are permitted up to two detached accessory dwelling units not exceeding a maximum height of 16, 18, or 20 feet depending on conditions specified in Government Code Section 66321(b)(4), and four-foot side and rear yard setbacks.

b.

Lots with an existing multi-family dwelling are permitted to have up to eight detached accessory dwelling units, or as many detached accessory dwelling units as there are primary dwelling units on the lot, whichever is less.

Lots containing an existing multi-family dwelling structure or structures are permitted multiple accessory dwelling units located completely within existing areas not used as livable space within the multi-family dwelling structure(s) (including any attached garages or carports), not to exceed 25% of the total number of existing multi-family dwelling units on the lot, or at least one unit, whichever is greater. A fraction of 0.5 or more is rounded up and a fraction that is less than 0.5 is disregarded. In development projects that have both one-family and multi-family housing types, 25% shall apply only to the multi-family development units, and any one-family development units that are within a multi-family development but are on their own parcel are subject to regulations applicable to accessory dwelling units for one-family developments.

F.

"Non-exempt accessory dwelling unit"

shall mean an accessory dwelling unit that does not meet the definition of a statewide exemption accessory dwelling unit.

(Ord. 2300, 10/21/2025)

A.

Accessory dwelling units and junior accessory dwelling units are permitted uses in the R-1 one family residential district, RM multi-family residential district, planned unit developments zoned for residential uses, MU mixed-use districts, C-C central commercial district, and A agricultural district, if the primary unit is a proposed or existing one- family dwelling unit or proposed or existing multi-family development and the accessory dwelling unit meets all of the standards set forth in Section 18.106.060 of this chapter and the

applicable site standards in Section 18.106.040 of this chapter for attached accessory dwelling units, Section 18.106.045 of this chapter for detached accessory dwelling units, Section 18.106.050 of this chapter for accessory dwelling unit(s) resulting from conversion of existing space in multi-family development, or Section 18.106.070 of this chapter for junior accessory dwelling units.

B.

For purposes of this section:

1.

A development project that has both one-family and multi-family units on the same lot shall be defined as a multi-family development.

2.

In a development project that has both one-family and multi-family housing types, regulations applicable to one-family developments shall apply to the one-family housing types and regulations applicable to multifamily development shall apply to multi-family housing types, irrespective of whether those one-family or multi-family units are each located on their own lot or a common parcel.

The rental period for statewide exemption accessory dwelling units and non-exempt accessory dwelling units shall be at least 30 days.

C.

The maximum number of accessory dwelling units and junior accessory dwelling units allowed on a parcel shall be as follows:

1.

For one-family developments, the following are permitted:

a.

One converted/interior accessory dwelling unit;

b.

One detached, new construction accessory dwelling unit that does not exceed 800 square feet; and

c.

One junior accessory dwelling unit.

2.

For multi-family developments the following are permitted:

a.

Conversion. Non-habitable portions of the existing main structure, as defined by Government Code.

§ 66313(e), are permitted to be converted to an accessory dwelling unit. A minimum of one such accessory dwelling unit is permitted. The maximum number of such accessory dwelling units shall not exceed 25% of the existing multi-family dwelling units located within each multi-family structure. If the multi-family unit is eligible for an accessory dwelling unit, the accessory dwelling unit resulting from the conversion of space may be located in either the multi-family unit or in the one-family unit.

b.

Detached.

i.

All proposed multifamily structures are permitted up to two detached accessory dwelling units not exceeding a maximum height of 16, 18, or 20 feet depending on conditions specified in Government Code Section 66321(b)(4), and four-foot side and rear yard setbacks.

ii.

Lots with an existing multi-family dwelling are permitted to have up to eight detached accessory dwelling units, or as many detached accessory dwelling units as there are primary dwelling units on the lot, whichever is less.

iii.

The accessory dwelling units may be attached to one another but must be detached from all existing structures.

D.

The city will either approve or deny an application to create an accessory dwelling unit or junior accessory dwelling unit within 60 days from receiving a complete application if there is an existing one-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new one-family dwelling, the city may delay approving or denying the permit application for the accessory dwelling unit or junior accessory dwelling unit until the city approves or denies the permit application to create the new one-family dwelling. If the city denies an application for an accessory dwelling unit or junior accessory dwelling unit, the city shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant within 60 days. In any case, and notwithstanding the requirements of this title, the application to create the new accessory dwelling units or

junior accessory dwelling unit shall be considered without discretionary review or hearing. An application for an accessory dwelling or junior accessory dwelling unit shall include:

1.

Plot plan (drawn to scale) showing the dimensions of the lot on which the accessory dwelling or junior accessory dwelling unit will be located; the location and dimensioned setbacks of all existing and proposed structures on the proposed site; any existing trees proposed to be removed; all easements; building envelopes; and parking for the project site.

2.

Floor plans of the entire structure with each room dimensioned and the resulting floor area calculated. The use of each room shall be identified.

3.

Elevation drawings of existing and proposed elevations, showing all relevant details of the proposed construction, including, but not limited to: dimensions; materials and colors with notation demonstrating that the proposed accessory dwelling unit matches the design of the existing structure; and any other special characteristics of the project.

4.

A table detailing the lot size, existing home square footage (with and without the garage), square footage of the proposed accessory dwelling unit, and the floor area ratio. If the accessory dwelling unit is for a multifamily development, the table shall include the square footages of all multi-family units within the subject multi-family structure.

E.

Development standards set forth in a planned unit development or specific plan shall apply to any nonexempt accessory dwelling unit, except that any such planned unit development or specific plan standard cannot be applied if it would either: (1) result in a conflict with standards set forth by the state for accessory dwelling units; or (2) preclude an accessory dwelling unit that meets the applicable requirements of state law or this chapter.

(Ord. 2300, 10/21/2025)

A.

An accessory dwelling or junior accessory dwelling unit shall not be considered in applying the growth management program in Chapter 17.36 of this code.

B.

An accessory dwelling or junior accessory dwelling unit is not considered to increase the density of the lot upon which it is located and is a residential use that is consistent with the existing general plan and zoning designation for the lot.

(Ord. 2300, 10/21/2025)

Attached accessory dwelling units shall meet the requirements in Section 18.106.070 of this chapter and the following requirements:

A.

Attached accessory dwelling units shall not exceed 25 feet in height except when the accessory dwelling unit is the result of the conversion of existing space or accessory dwelling units are proposed as part of a new planned unit development. Except for an attached statewide Exemption Accessory Dwelling Unit standard as defined in Section 18.106.020E.1, attached accessory dwelling units shall be subject to the minimum front, rear, and side yard requirements of the main structure as identified in Chapter 18.84, including requirements prescribed in Section 18.84.100. No setbacks are required for a legally existing living area that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

ed in Section 18.106.020E.1, attached accessory dwelling units shall be subject to the minimum front, rear, and side yard requirements of the main structure as identified in Chapter 18.84, including requirements prescribed in Section 18.84.100. No setbacks are required for a legally existing living area that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

Height of the attached accessory dwelling unit is measured vertically from the average elevation of the natural grade or finished grade, whichever is lower, of the ground covered by the accessory dwelling unit to the highest point of the structure including parapet or to the coping of a flat roof, to the deck line of a mansard roof, or to the mean height between eaves and ridges for a hip, gable, or gambrel roof. Accessory dwelling units are limited to two stories. An accessory dwelling unit proposed on the second story shall not exceed 25 feet in height and shall meet the objective standards for second-story accessory dwelling units identified in Section 18.106.060.C.2.

The gross floor area of an attached accessory dwelling unit shall not exceed 50% of the gross floor area of the existing main dwelling unit or 800 square feet, whichever is greater, with a maximum increase in floor area of 850 square feet if the accessory dwelling unit is a studio or one-bedroom unit or 1,000 square feet if the accessory dwelling unit is two or more bedrooms. Accessory dwelling units that result from conversion of existing space may exceed these size limits. The gross floor area of the existing main dwelling unit is to be calculated based on the size of the unit prior to the accessory dwelling unit/conversion. In no case shall this requirement necessitate an accessory dwelling unit to be less than: (1)a 150 square foot efficiency unit; (2) 850 square feet if the accessory dwelling unit is a studio or one-bedroom unit; or (3) 1,000 square feet if the accessory dwelling unit is two or more bedrooms.

B.

Except for a Statewide Exemption Accessory Dwelling Unit, as defined in Section 18.106.020.E, an accessory dwelling shall comply with applicable floor area ratio maximums, minimum open space requirements, and any other applicable development regulations established by this section and the zoning district or planned unit development in which the property is located.

C.

Except for a Statewide Exemption Accessory Dwelling Unit, as defined in Section 18.106.020.E, an accessory dwelling unit hall comply with applicable floor area ratio maximums, minimum open space requirements, and any other applicable development regulations established by this section and the zoning district or planned unit development in which the property is located.

D.

Except for a Statewide Exemption Accessory Dwelling Unit, as defined in Section 18.106.020.E, and as modified by this chapter, all other regulations embodied in the zoning of the property for main dwellings shall apply to the development of attached accessory dwelling units. (Ord. 2300, 10/21/2025)

Detached accessory dwelling units shall meet the requirements in Section 18.106.070 of this chapter and the following requirements:

A.

Detached accessory dwelling units shall not exceed 16 feet in height, except that: (1) an accessory dwelling unit that is the result of the conversion of an existing accessory structure may retain the height of the accessory structure even if the structure is greater than 16 feet; and (2) detached accessory structures greater than 16 feet in height may be proposed as part of a new planned unit development. Height for all detached accessory dwelling units is measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure; (3) a detached accessory dwelling unit on an existing or proposed single-family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or high quality transit corridor, as defined in Section 21155 of the Public Resources Code shall not exceed 18 feet in height plus an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit; and (4) a detached accessory dwelling unit on a lot with an existing or proposed multi-family multi-story dwelling shall not exceed 18 feet in height.

B.

All detached accessory dwelling units shall be located a minimum of four feet from side and rear property lines. Where a detached accessory dwelling unit, or a portion thereof, would be constructed in exactly the same location and to exactly the same dimensions as a legal accessory structure, or is the result of the conversion of an existing accessory structure, the accessory dwelling unit may maintain the same setbacks as the existing structure, with no minimum setback required.

C.

Except for a Statewide Exemption Accessory Dwelling Unit, as defined in Section 18.106.020.E.2.b, the gross floor area of a detached accessory dwelling unit shall not exceed 850 square feet if the accessory dwelling unit is a studio or one-bedroom unit or 1,000 square feet if the accessory dwelling unit is two or more bedrooms, except where such unit results from conversion of an existing accessory building, in which case it may exceed these size limits.

D.

Except for a Statewide Exemption Accessory Dwelling Unit, as defined in Section 18.106.020.E.1, an accessory dwelling unit shall comply with applicable floor area ratio maximums, minimum open space requirements, and any other applicable development regulations established by this section and the zoning district or planned unit development in which the property is located.

E.

Except for a Statewide Exemption Accessory Dwelling Unit, as defined in Section 18.106.020E.1, all other regulations embodied in the zoning of the property for class I accessory structures shall apply to the development of detached accessory dwelling units on one-family residential lots and multi-family residential lots.

(Ord. 2300, 10/21/2025)

Accessory dwelling units resulting from the conversion of existing space in multi-family developments shall meet the requirements in Section 18.106.070 of this chapter and the following requirements:

A.

Except for a Statewide Exemption Accessory Dwelling Unit, as defined in Section 18.106.020.E, expansions of the subject building not directly a part of the accessory dwelling unit shall be subject to the maximum height, and the minimum front, rear, and side yard requirements of the for the main structure, as applicable for the zoning district.

B.

Except for a Statewide Exemption Accessory Dwelling Unit, as defined in Section 18.106.020.E, existing space in the multi-family development that is converted to an accessory dwelling unit shall be limited to space that is not habitable space. Space that may be converted includes, but is not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages. In no case shall the conversion of space to an accessory dwelling unit result in the elimination of access necessary to maintain safe ingress or egress per the Building and Fire Code.

C.

Except for a Statewide Exemption Accessory Dwelling Unit, as defined in Section 18.106.020.E, and as modified by this chapter, all other regulations embodied in the zoning of the property for multi-family dwellings shall apply to the development of accessory dwelling units resulting from the conversion of existing space.

(Ord. 2300, 10/21/2025)

All non-exempt accessory dwelling units shall meet the following standards:

A.

The accessory dwelling unit shall not be sold or held under a different legal ownership than the primary residence, except as provided by Government Code Section 66341.

B.

In addition to the other requirements of this chapter, the following objective standards shall apply to accessory dwelling units:

1.

Accessory dwelling units shall incorporate the following:

a.

Use of the same wall material, or wall material that has the same exterior appearance as the existing primary residence, including color and texture (i.e., If the primary residence used wood shingles on its exterior, the accessory dwelling unit may use wood shingles or cement shingles that have the same exterior appearance as the wood shingles used on the primary residence).

b.

Use of the same trim material and trim detail.

c.

Use of the same roof form, roofing material, and roof slope.

d.

Use of the same window size, proportion, operation, recess or reveal, divided light pattern, and spacing distance between placement of windows.

e.

Use of the same railing design and material.

f.

A solid fence at least six feet in height and vegetative screening/plantings of species with a mature height of at least 10 feet in height shall be located or constructed along interior side and rear property lines adjacent to the accessory dwelling unit if the accessory dwelling unit is located less than 10 feet from respective property lines. On a corner property, if the accessory dwelling unit is located less than 10 feet from respective property lines, a solid fence at least six feet in height or vegetative screening/plantings of a species with a mature height of at least 10 feet shall be located in the area between the accessory dwelling unit and the street side property line, and both a solid fence at least six feet in height and vegetative screening/planting of a species with a mature height of at least 10 feet shall be located in the area between the accessory dwelling unit and the rear property line. In no instance shall solid fencing be required in planned unit developments where open fencing is otherwise required. In no instance shall the provisions of this subsection conflict with the fence requirements identified in Chapter 18.84 of this title.

g.

Exterior lighting shall be shielded, directed downward, and located only at exterior doors and if applicable, along the path of travel from the public right-of-way.

h.

Mechanical equipment and plumbing, conduit, or cabling for utilities is not permitted on the exterior walls of the accessory dwelling unit. This requirement does not apply to meters, electrical panels, and solar installations.

2.

The following standards apply to accessory dwelling units proposed as a second-story accessory dwelling unit that is consistent with this chapter:

a.

All new windows may be operable, but at least one of the following measures must be implemented for new second-story windows in an accessory dwelling unit that are 25 feet or less from a property line: (i) the proposed window of the accessory dwelling unit is positioned such that the window sill is at least five feet above finished floor; or (ii) the proposed window of the accessory dwelling unit utilizes frosted or obscured

glass in the glazing portion of the window. As used in this section, frosted or obscure glass is glass which is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable.

3.

No balconies or upper-story decks shall be allowed for an accessory dwelling unit, except for decorative/faux balconies without decks that match the primary dwelling structure.

4.

If garage space is converted to an accessory dwelling unit, at the option of the property owner, the existing garage door(s) may either be left in place, or removed and infilled such that the wall appears integrated with rest of the home, with the same exterior wall material, building color, and trim as the primary dwelling structure.

5.

With the objective of retaining the appearance of a one-family residence, the entry door to an attached accessory dwelling unit proposed on a property with a one-family development shall be located on a different facade than the door to the primary residence.

6.

Additions to accessory structures of 150 square feet or less beyond the existing physical dimensions to accommodate ingress/egress to an accessory dwelling unit are allowed. Additions to accessory structures greater than 150 square feet necessitate that the proposed accessory dwelling unit meet the maximum size required by Section 18.106.045.

7.

The following parking standards apply to accessory dwelling units:

a.

One additional off-street parking space on the lot shall be made continuously available to the occupants of the accessory dwelling unit. Required parking may be provided as tandem, or may be located in setbacks, but not in the front yard setback unless on the driveway.

b.

When a garage, carport, covered or uncovered parking structure is demolished in conjunction with construction of an accessory dwelling unit or is converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced.

c.

Parking for an accessory dwelling unit shall not be required if the accessory dwelling unit is:

i.

Located within one-half mile of public transit;

ii.

Located within an architecturally and historically significant historic district;

iii.

Located in part of an existing primary residence or an existing accessory structure;

iv.

Located in an area requiring on-street parking permits, but not offered to the occupant of the accessory dwelling unit;

v.

Located within one block of a car share vehicle; or

vi.

Constructed with a new single-family or multi-family dwelling unit on the same lot, provided the accessory dwelling unit or the parcel satisfies all other development and parcel criteria.

d.

Parking shall not be required if the city finds that parking is not feasible due to site topography or would create fire or life-safety conditions.

8.

The square footage of the primary residence and accessory dwelling unit(s) combined cannot exceed the maximum floor area ratio requirement for the lot, except that the maximum floor area ratio may not reduce the square footage of an accessory dwelling unit to less than 800 square feet if the accessory dwelling unit meets the requirements of Section 18.106.020.E.

9.

The accessory dwelling unit shall have access to at least 80 square feet of open space on the lot, except that this open space requirement may not reduce the square footage of an accessory dwelling unit to less than 800 square feet if the accessory dwelling unit is 16 feet or less in height and located at least four feet from side and rear property lines.

C.

The resident owner shall install address signs which-indicate that two separate units exist on the lot, as required by the fire marshal. The resident owner shall obtain the new street address for the accessory dwelling unit from the engineering department.

D.

Adequate roadways, public utilities and services shall be available to serve the accessory dwelling unit. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for sewer and water.

Installation of a separate direct connection between an accessory dwelling unit contained within an existing structure and the utility shall not be required. Accessory dwelling units not within an existing structure shall be required to install a new or separate utility connection and be charged a connection fee and/or capacity charge. These charges shall be proportionate to the burden imposed by the accessory dwelling unit on the water or sewer system based upon either its size or number of plumbing fixtures as determined by the city.

E.

The owner of the lot on which an accessory dwelling unit is located shall participate in the city's monitoring program to determine rent levels of the accessory dwelling units being rented.

F.

The accessory dwelling unit shall not create an adverse impact on any real property that is listed in the California Register of Historical Resources.

G.

The accessory dwelling unit shall comply with other zoning and building requirements generally applicable to residential construction in the applicable zone where the property is located. (Ord. 2300, 10/21/2025)

All junior accessory dwelling units shall meet the following standards:

A.

The junior accessory dwelling unit shall be located entirely within the existing structure of the one-family residence and attached garages and shall have its own separate interior and exterior entrances.

B.

The junior accessory dwelling unit shall not exceed 500 square feet in area.

C.

The junior accessory dwelling unit shall include an efficiency kitchen which includes a sink, cooking appliance, counter surface, and storage cabinets that meet minimum building code standards. The junior accessory dwelling unit may share sanitation facilities with the primary residence or may have its own sanitation facilities.

D.

Parking shall not be required for a junior accessory dwelling unit. When code-required parking for the primary residence's garage is eliminated and/or modified, in conjunction with the creation of a junior accessory dwelling unit, the replacement space(s) shall be located on the same lot as the primary unit. With the approval of the community development director or designee, the parking may be configured in a flexible manner so as not to burden the creation of the junior accessory dwelling unit. The location and configuration of the

replacement parking is subject to the review and approval of the director of community development, and may be located and configured in such a manner to facilitate the junior accessory dwelling unit. E.

Additional water, sewer and power connection fees shall not be required. F.

Only one other residential unit and up to one other accessory dwelling unit shall be permitted on a lot with a junior accessory dwelling unit, as provided in 18.106.030.C.1. If the owner occupies the primary residential unit, the owner may rent the junior accessory dwelling unit to one party. If the owner occupies the junior accessory dwelling unit, the owner may rent the primary residential unit to one party. The owner may rent both the primary residential unit and the junior accessory dwelling unit together to one party who may not further sublease any unit(s) or portion(s) thereof. In any case, the rental period shall be longer than 30 days. The owner shall be a signatory to any lease for the rented unit, for which the city may reasonably require a copy of to verify compliance with this chapter, and shall be the applicant for any permit issued under this chapter.

G.

The junior accessory dwelling unit shall not be sold or held under a different legal ownership than the primary residence, nor shall the lot containing the junior dwelling unit be subdivided.

H.

The resident owner shall install address signs which indicate that two separate units exist on the lot, as required by the fire marshal. The resident owner shall obtain the new street address for the junior accessory dwelling unit form the engineering department.

I.

Except as modified by this chapter, all other regulations embodied in the zoning of the property for main dwellings shall apply to the development of junior accessory units.

J.

The owner of the lot on which the junior accessory dwelling unit is located shall participate in the city's monitoring program to determine rent levels of the junior accessory dwelling unit being rented.

K.

The junior accessory dwelling unit shall comply with the other zoning and building requirements generally applicable to residential construction in the applicable zone where the property is located. L.

A restrictive covenant shall be recorded against the lot containing the junior accessory dwelling unit with the Alameda County recorder's office prior to the issuance of a building permit form the building division stating that:

The property contains an approved junior accessory dwelling unit pursuant to Chapter 18.106 of the Pleasanton Municipal Code and is subject to the restrictions and regulations set forth in that chapter. These restrictions and regulations generally address subdivision and development prohibitions, owner occupancy and lease requirements, limitations on the size of the junior accessory dwelling unit, parking requirements and participation in the city's monitoring program to determine rent levels of the junior accessory dwelling unit

being rented. Current restrictions and regulations may be obtained from the city of Pleasanton planning division. These restrictions and regulations shall be binding upon any successor in ownership of the property. (Ord. 2300, 10/21/2025)

A.

The city will not deny an accessory dwelling unit or junior accessory dwelling unit application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety, and that is not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit.

B.

As required by state law, the city may not deny a permit to legalize an existing but unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, if the denial would be based on either of the following grounds:

1.

The accessory dwelling unit or junior accessory dwelling unit violates applicable building standards; or

The accessory dwelling unit or junior accessory dwelling unit does not comply with state ADU law or this Chapter 18.106.

C.

Notwithstanding subsection B above, the city may deny a permit to leqalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3. Subsection B above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. 2300, 10/21/2025)

Chapter 18.107 SUPPORTIVE HOUSING, TRANSITIONAL HOUSING, AND SINGLE ROOM OCCUPANCY UNIT FACILITIES (§ 18.107.010 – § 18.107.050)

The purpose of this chapter is to provide procedures and standards to encourage and facilitate the establishment of supportive housing, transitional housing, and single room occupancy unit facilities. The further purpose of this chapter is to comply with the requirements of Senate Bill 02 (2007) codified in California Government Code Sections 65582, 65583 and 65589.5.

(Ord. 2061 § 2, 2013; Ord. 2277, 5/7/2024)

All supportive housing and transitional housing shall comply with the provisions of this chapter. (Ord. 2061 § 2, 2013; Ord. 2277, 5/7/2024)

A.

Supportive housing shall be considered a residential use for which only the restrictions that apply to other residential uses of the same type in the same zone shall be applied.

B.

Supportive Housing with Six or Fewer Persons in a Dwelling Unit. Supportive housing that provides shelter for six or fewer persons in a dwelling unit shall be a permitted use in the A (agricultural), R-1 (one-family residential), R-M (multi-family residential), C-C (central commercial), H-P-D (hillside planned development) and

comparable PUD (planned unit development) zoning districts if the following development standards and regulations are met:

1.

On-site or off-site services are provided to assist supportive housing residents in retaining housing, improving their health status, and maximizing their ability to live, and where possible, work in the community.

2.

Off-street parking is provided in accordance with Chapter 18.88 (Off-Street Parking and Loading Regulations).

3.

All new construction or conversion of existing structures complies with Chapter 18.20 (Design Review).

4.

All other applicable provisions of this title are met.

C.

Supportive Housing with More than Six Persons in a Dwelling Unit. Supportive housing that provides shelter for more than six persons in a dwelling unit shall be a permitted use in the RM (multi-family residential) zoning district if the following development standards and regulations are met:

1.

On-site or off-site services are provided to assist supportive housing residents in retaining housing, improving their health status, and maximizing their ability to live, and where possible, work in the community.

2.

Off-street parking is provided in accordance with Chapter 18.88 (Off-Street Parking Facilities).

3.

All new construction or conversion of existing structures complies with Chapter 18.20 (Design Review).

4.

All other applicable provisions of this title are met.

5.

To calculate the maximum allowed residential density for group supportive housing the first six beds shall be deemed equivalent to one dwelling unit. Thereafter every three beds shall be deemed equivalent to one dwelling unit.

D.

Supportive housing must meet the requirements of California Government Code Section § 65651, as amended.

(Ord. 2061 § 2, 2013; Ord. 2277, 5/7/2024)

A.

Transitional housing is to be considered a residential use for which only the restrictions that apply to other residential uses of the same type in the same zone shall be applied.

B.

Transitional Housing with Six or Fewer Persons in a Dwelling Unit. Transitional housing that provides shelter for six or fewer persons in a dwelling unit shall be a permitted use in the A (agricultural), R-1 (one-family residential), R-M (multi-family residential), C-C (central commercial), H-P-D (hillside planned development) and comparable PUD (planned unit development) zoning districts if the following development standards and regulations are met:

1.

The housing is operated under specific program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time which shall be no less than six months.

Off-street parking is provided in accordance with Chapter 18.88 (Off-Street Parking Facilities).

3.

All new construction or conversion of existing structures complies with Chapter 18.20 (Design Review).

4.

All other applicable provisions of this title are met.

C.

Transitional Housing with More than Six Persons in a Dwelling Unit. Transitional housing that provides shelter for more than six persons in a dwelling unit shall be a permitted use in the R-M (multi-family residential) zoning district if the following development standards and regulations are met:

1.

The housing is operated under specific program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time which shall be no less than six months.

2.

Off-street parking is provided in accordance with Chapter 18.88 (Off-Street Parking Facilities).

3.

All new construction or conversion of existing structures complies with Chapter 18.20 (Design Review).

4.

All other applicable provisions of this title are met.

5.

To calculate the maximum allowed residential density for group transitional housing the first six beds shall be deemed equivalent to one dwelling unit. Thereafter every three beds shall be deemed equivalent to one dwelling unit.

(Ord. 2061 § 2, 2013; Ord. 2277, 5/7/2024)

A.

Single room occupancy unit facilities are to be considered a residential use for which only the restrictions that apply to other residential uses of the same type in the same zone shall be applied. B.

Criteria in General. The following are the minimum criteria applicable to all new single room occupancy unit facilities:

1.

All single room occupancy unit facilities are subject to design review.

2.

Transient occupancy of the single room occupancy unit rooms shall not be allowed. Single room occupancy unit tenants shall not have an additional residential address other than the address of the single room occupancy unit facility in which the residential unit is located.

3.

Single room occupancy units within single room occupancy unit facilities shall be provided at rents affordable to households with lower incomes.

4.

Proximity to transit and alternative transportation modality shall be considered and encouraged in the siting of all single room occupancy unit facilities.

C.

Small Single Room Occupancy Unit Facilities. The following additional criteria shall apply to single room occupancy unit facilities containing less than 10 single room occupancy units:

Occupancy. Single room occupancy units shall be occupied by no more than two persons. No transient occupancy is allowed; single room occupancy unit shall be occupied as the primary residence of the tenant.

2.

Maximum Unit Size. No single room occupancy unit may exceed 400 square feet.

3.

Common Facilities. Small single room occupancy unit facilities shall provide individual or shared (common) bathing facilities, and shall provide individual or shared (common) kitchen facilities. Any and all common facilities shall be provided as fully accessible to the satisfaction of the building official.

4.

Laundry Facilities. Common laundry facilities shall be provided at a rate of not less than one washer and one dryer per single room occupancy unit facility, in addition to a laundry sink and folding area. The requirement for common on-site laundry facilities may be waived where it can be shown that a laundry facility open to the public is located within one-eighth of a mile from the project site.

5.

Manager's Office or Unit. An on-site management office or manager's unit shall be provided. "House rules" shall be submitted as a part of the use permit application.

6.

Parking. Off-street parking shall be provided as set forth in Section 18.88.030(A)(5) (Off-Street Parking). Secure bicycle parking is required.

7.

Storage for Residents. Private, secured storage space of not less than 50 cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual single room occupancy unit, and/or as individually locked areas accessible from a common room, and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for single room occupancy unit, and shall be of sufficient construction to protect stored items from weather.

D.

Large Single Room Occupancy Unit Facilities. The following additional criteria apply to all single room occupancy unit facilities containing 10 or more single room occupancy unit:

1.

Occupancy. Single room occupancy unit shall be occupied by no more than two persons. No transient occupancy is allowed; single room occupancy unit shall be occupied as the primary residence of the tenant.

2.

Maximum Unit Size. No single room occupancy unit may exceed 300 square feet.

Common Facilities.

a.

Kitchen. Within a large single room occupancy unit facility, no more than 50% of individual single room occupancy unit may be provided with kitchens or kitchenettes. At least one common (shared) kitchen/dining area shall be provided within a large single room occupancy unit facility.

b.

Bathrooms. Private bathroom facilities shall be provided within each single room occupancy unit, and must include, at a minimum, a toilet and wash basin. Bathtubs and/or shower facilities may be provided within individual rooms, or may be shared (common) facilities.

c.

Accessibility. Any and all common facilities shall be provided as fully accessible, to the satisfaction of the building official.

4.

Laundry Facilities. Common laundry areas shall be provided at a rate of not less than one washer and one dryer for the first 10 single room occupancy unit, with one additional washer and one additional dryer provided for every five additional single room occupancy unit or fraction thereof.

5.

Manager's Unit. An on-site, live-in manager's unit shall be provided. A management plan, including the proposed "house rules," shall be submitted as a part of the use permit application.

Parking. Parking for single room occupancy unit facilities shall be provided as set forth in Section 18.88.030(A)(5) (Off-Street Parking). Secure bicycle parking is required.

7.

Storage for Residents. Private, secured storage space of not less than 50 cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual single room occupancy unit, and/or as individually locked areas accessible from a common room, and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each single room occupancy unit, and shall be of sufficient construction to protect stored items from weather.

(Ord. 2277, 5/7/2024)

Chapter 18.108 TRAILERS AND TRAILER PARKS (§ 18.108.010 – § 18.108.040)

Except as provided in Sections 18.108.040 and 18.116.010, no trailer (mobilehome) shall be occupied or used for living or sleeping purposes unless it is located in a licensed trailer park, provided that a trailer may be used as an office for a construction project.

(Prior code § 2-10.26)

No trailer, whether designed for living or sleeping purposes or not, shall be parked or stored in an R district, except as prescribed in Sections 18.84.270 and 18.108.040.

(Prior code § 2-10.27)

Trailer parks permitted as conditional uses in the RM and C-F districts shall comply with the regulations prescribed in Chapter 18.84 of this title, except as provided in this section: A.

The minimum site area for trailer park shall be five acres, provided that preexisting trailer park shall be five acres, conforming by reason of failure to meet the minimum site area requirement. A preexisting trailer park conforming in all respects except site area may be expanded, but shall not be reduced in area. B.

There shall be 4,000 square feet of site area for each trailer space. A preexisting trailer park shall not be deemed nonconforming by reasons of failure to meet the minimum site area per trailer space requirement, and may be enlarged, provided that there shall be 4,000 square feet of additional site area for each trailer space added.

C.

A trailer park shall meet the usable open space requirements for the district in which it is located; provided, that a trailer park in a C-F district shall meet the open space requirements for the RM-1,500 district; and provided, that each trailer park shall have in addition at least one recreation space not less than 5,000 square feet in area and suitably developed for the use of residents of the trailer park.

D.

Not more than one dwelling unit shall be located on the site of a trailer park in a C-F district.

E.

No trailer or dwelling unit shall be located in a required yard or less than 20 feet from a street property line or another trailer or less than 15 feet from a property line not abutting a street. F.

All areas used for automobile circulation or parking shall be improved as prescribed for required parking facilities in Section 18.88.040.

G.

The site shall be landscaped as required in Sections 18.84.130 through 18.84.260, and shall have additional landscaping, including trees, shrubs, and lawn, as determined by the board of design review to provide a suitable setting.

(Prior code § 2-10.28)

A trailer may be occupied or used for living or sleeping purposes on a developed public or private school site or college site, provided that such trailer is occupied for the purpose of reducing vandalism and other damage to school facilities. A conditional use permit, in accordance with Chapter 18.124 of this title, is required for installation of a trailer.

(Prior code § 2-10.29)

Chapter 18.109 RETAILERS OF TOBACCO PRODUCTS AND PARAPHERNALIA (§ 18.109.010 – § 18.109.070)

It is the purpose and intent of this chapter to reduce the exposure of youth to tobacco products and tobacco paraphernalia in advertisement and product placement at retail establishments near public schools, public parks and public recreation facilities. These are places where youth congregate, as well as travel to and from frequently. By restricting tobacco sales along frequent youth travel routes, this decreases youth exposure to and availability of tobacco products. The in-tent is to reduce youth smoking and use of tobacco products. (Ord. 2208 § 3, 2020)

For purposes of this chapter, certain words and terms are defined as follows:

"Public park"

means a site or parcel of land owned by a public agency and open to the public for active or passive recreation activity (e.g. neighborhood or community city parks, East Bay Regional Park District park). This definition excludes public trails.

"Public recreation facility"

means a site or parcel of land owned by a public agency and improved with a building or other facility, open to the public for active or passive recreation activity (e.g. city senior center, city aquatic center).

"Public school"

means a site or parcel of land owned by a public school district where instruction is provided, and includes the buildings and related recreation fields.

"Tobacco paraphernalia"

means cigarette papers or wrappers, blunt wraps, pipes, holders of smoking materials of all types, cigarette rolling machines, e-cigarette liquid pods and any other item designed primarily for the smoking or ingestion of tobacco products. (See California Business and Professions Code Section 22962.) This definition may be used throughout Title 18.

"Tobacco product"

means any of the following:

1.

A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

2.

An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

3.

Any component, part, or accessory of a tobacco product, whether or not sold separately.

4.

Exception. "Tobacco product" does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. (See California Business and Professions Code Section 22950.5.) This definition may be used throughout Title 18.

"Tobacco retailer"

means a business which sells tobacco products and tobacco paraphernalia on a retail basis (but not in the quantity that qualifies the business as a tobacco store) in addition to other products and services being offered by the business. This definition may be used throughout Title 18.

"Tobacco retail site"

means a site where a tobacco retailer or tobacco store operates.

• "Tobacco store"

means a retail business which primarily sells tobacco products; generates more than 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia; does not permit any person under 18 to enter unless with parent or guardian; and does not sell alcoholic beverages or food for consumption on the premises. (See California Business and Professions Code Section 22962.) This definition may be used throughout Title 18.

(Ord. 2208 § 3, 2020)

A.

No person shall cause or permit the establishment of a new tobacco retail site within 1,000 feet of a public school, public park, or public recreation facility.

B.

A tobacco retail site which is within 1,000 feet of a public school, public park, or public recreation facility that is existing on the effective date of the ordinance codified in this chapter may continue to operate, sell and display tobacco products and tobacco paraphernalia.

1.

However, such pre-existing retail tobacco site shall then be subject to the nonconforming use provisions in Chapter 18.120 with regard to: the restrictions on alterations and additions in Section 18.120.030; and abandonment in Section 18.120.040. But, shall not be subject to the elimination provisions of Section 18.120.060.

a.

Abandonment includes, but is not limited to, a pre-existing retail tobacco site not maintaining a valid tobacco retailer permit as required by Chapter 9.32; and having only a California cigarette and tobacco license issued by the Cal. Dept. of Tax and Fee Administration without a valid city tobacco retailer permit is evidence of abandonment.

2.

A retail tobacco site which qualifies under this section shall still be subject to other tobacco retail restrictions in this code and state and federal law.

(Ord. 2208 § 3, 2020; Ord. 2244 § 2, 2023)

The distance between any tobacco retail site and any public school, public park, or public recreation facility shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the tobacco retail site building to the closest property line of the public school, public park, or public recreation facility.

The city may make the measurement of distance using satellite images to determine building wall location and parcels on the city's geographic information system (GIS). A person who disagrees with this measurement may hire their own California licensed surveyor to provide another measurement. (Ord. 2208 § 3, 2020)

Any and all investigating officials of the city shall have the right to enter a tobacco retail site from time to time during regular business hours to make reasonable inspections, including review of financial records to determine the percentage of gross receipts related to the sale of tobacco products and tobacco paraphernalia, to observe and enforce compliance with state or federal laws, provisions of this chapter, and provisions of this code.

(Ord. 2208 § 3, 2020)

Notwithstanding Section 1.24.010(B), violations of this chapter are also subject to administrative citation pursuant to Chapter 1.24 for each instance when tobacco products or tobacco paraphernalia are on display or offered for sale in violation of Section 18.109.030. Fines for such administrative citations shall be paid by the business owner, not the employee. The city may also pursue other legal remedies and penalties for violations of this chapter.

(Ord. 2208 § 3, 2020)

If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions or clauses or applications thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this chapter are declared to be severable.

(Ord. 2208 § 3, 2020)

Chapter 18.110 PERSONAL WIRELESS SERVICE FACILITIES (§ 18.110.005 – § 18.110.290)

The purpose and intent of this chapter is to provide a comprehensive set of standards for the development and installation of personal wireless service facilities. The regulations contained herein are designed to protect and promote public safety and community welfare, property values, and the character and aesthetic quality of Pleasanton, while at the same time not unduly restricting the development of personal wireless service facilities, and not unreasonably discriminating among personal wireless service providers of functionally equivalent services.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

This chapter shall apply to all property owned by private persons, firms, corporations or organizations, and property owned by the city, including public streets and alleys, and property owned by any agencies of the city, or by any local, state, or federal government, agency, or political subdivision thereof required to comply with local government regulations as required by law or by written agreement, with the exception of the following facilities:

1.

Amateur (including ham and shortwave) radio facilities on private property provided that the antenna does not exceed 65 feet in height or is not more than 25 feet above the height limit prescribed by the regulations for the district in which the facility is located, whichever is less. Amateur radio facilities on private property are subject to design review as provided in Chapter 18.20 of this title.

2.

Amateur (including ham and shortwave) radio facilities on public property provided:

a.

The facilities do not exceed 65 feet in height or are not more than 25 feet above the height limit prescribed by the regulations for the district in which the facilities are located, whichever is less;

b.

The facilities provide emergency communication backup services for the city;

c.

The facilities are officially recognized and approved by the city's emergency preparedness officer, fire chief, or community development director and operations services director;

d.

Amateur radio facilities are prohibited on public property in any zoning district unless the facility meets the requirements of this section.

3.

Personal wireless service facilities which are not licensed by the Federal Communications Commission and are determined by the zoning administrator to have little or no adverse visual impact.

4.

Direct-to-home satellite services.

5.

Personal wireless service facilities used only by the city, hospitals, and ambulance services in emergencies or for the protection and promotion of the public health, safety, and general welfare.

6.

Any personal wireless service facility located on land owned by one of the public entities listed below and operated for the public entity's public purpose only and not for commercial reasons:

a.

The United States of America or any of its agencies;

b.

The state or any of its agencies or political subdivisions not required by state law to comply with local zoning ordinances;

c.

Any other city (other than the city of Pleasanton), county, or special district;

d.

The Pleasanton unified school district.

B.

Special Provisions for Small Wireless Facilities. Notwithstanding any other provision of this chapter as provided herein, all small wireless facilities as defined by the FCC in 47 C.F.R. Section 1.6002(l), as may be amended or superseded, are subject to a permit as specified in city council policy, Small Wireless Facilities , which is adopted and may be amended by city council resolution. All small wireless facilities shall comply with the policy on small wireless facilities. In the event that the FCC Order adopting said regulations is invalidated by a court of competent jurisdiction or repealed and not replaced, the provisions in this chapter shall control over the policy on small wireless facilities.

(Ord. 1743 § 1, 1998; Ord. 2000 § 1, 2009; Ord. 2086 § 2, 2014; Ord. 2188 § 3, 2019)

A.

All personal wireless service facilities shall be subject to design review approval by the zoning administrator as provided in Chapter 18.20 of this title. The zoning administrator, upon making a finding that the proposed personal wireless service facility meets all applicable provisions of this chapter, shall approve or conditionally approve the design review application for the personal wireless service facility. The zoning administrator may refer any personal wireless service application to the planning commission for review and action.

B.

Mailed project notification shall be provided in accordance with the procedures detailed in Section 18.12.044. While public hearings are not automatically required for these projects, any member of the public may request a public hearing. Notice is not required where a facility will be concealed as described in Section 18.110.050. (Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014; Ord. 2169 § 1, 2017; Ord. 2303, 12/6/2025)

A.

If the zoning administrator finds that a use is not in compliance with this chapter, that conditions of approval have not been fulfilled, or that there is a compelling public necessity, the zoning administrator shall notify the personal wireless service facility provider of the same, in writing, and state the actions necessary to cure. After 30 days from the date of notification, if the use is not brought into compliance with this chapter, the conditions of approval have not been fulfilled, or there is still a compelling public necessity, the zoning administrator shall refer the use to the planning commission for review. Such reviews shall occur at a noticed public hearing where the personal wireless service provider may present relevant evidence. If, upon such review, the commission finds that any of the above has occurred, the commission may modify or revoke all approvals and/or permits.

B.

The terms of this section shall not apply to preexisting legal nonconforming personal wireless service facilities which are subject to Section 18.110.250 of this chapter.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

For all proposed personal wireless service facilities, the personal wireless service provider shall provide the following to the zoning administrator:

1.

A completed design review application which includes the signature of the personal wireless service provider and the property owner.

2.

All applicable fees including deposit fees for peer review. The zoning administrator is authorized at his or her discretion to employ on behalf of the city an independent technical expert to review any materials submitted by the applicant and to provide an analysis of issues including but not limited to, whether the wireless facility meets the emission standards set forth by the Federal Communications Commission, whether a significant gap in coverage exists, whether there are alternative sites and the feasibility of those sites, whether there are

ways to mitigate aesthetic impacts. The applicant shall pay all costs of the peer review consultant and shall submit a deposit for peer and staff review.

3.

Site plan, landscape plan, and elevations drawn to scale. The elevation drawings shall include all buildings on which the personal wireless service facilities are proposed to be located.

4.

Cross-sections and floor plans, drawn to scale, if an antenna is proposed to be façade-or roof-mounted.

5.

Before and after photo-simulations and elevation drawings showing the height, design, color, and location of the proposed facility as viewed from public places and if requested by the zoning administrator, from private properties.

6.

Proposed means of establishing and maintaining maximum visual screening of facilities which includes submitting sample exterior materials and colors of towers, antennas, and accessory structures (such as equipment cabinets and structures), landscaping, and security fences.

7.

The number, type, and dimensions of antennas, equipment cabinets, and related facilities proposed for use by the personal wireless service provider. If an applicant is proposing an emergency standby generator, include the unit's dimensions and specifications including noise emission levels.

8.

A report from a structural engineer, licensed by the state, regarding the number and type of antennas that a proposed or existing structure is designed to support.

9.

Justification of why the proposed height and visual impact of the personal wireless service facility cannot be reduced on the proposed site.

10.

A letter, including service area maps and other information demonstrating that the proposed location is essential for the personal wireless service provider to fulfill a significant gap in coverage needs. A map based on drive tests (or similar engineering data) at the proposed site and its vicinity showing the estimated coverage area for the proposed personal wireless service facility. As used herein, drive tests are field tests to demonstrate the coverage of a proposed antenna in which one person holds a transmitter at the proposed site and another drives away from the site with a receiver to determine the outer perimeter of the radio signals that can be transmitted from the site.

11.

A letter explaining the site selection process including information about three other sites which could service the same or similar coverage area and the reasons for their rejection, provided that three such alternatives exist and are reasonably available for the provider's use in the coverage area. 12.

A letter demonstrating whether the facility could be co-located, where that co-located antennas and equipment could be placed, and how that future facility may look.

13.

A letter which states the personal wireless service provider's commitment to allow other personal wireless service providers to co-locate antennas on their proposed facilities wherever structurally and technically feasible, and to provide at any time additional information, as requested by the zoning administrator, to aid in determining whether or not another personal wireless service provider could co-locate on/near their facilities if approved.

A letter certifying that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to radio frequency (RF) emissions as required by the FCC. The letter must include documentation showing the specific frequency range that the facility will use and a certification by a licensed engineer-expert in the field of wireless communication systems that the facility will comply with FCC radio frequency emission standards and will not interfere with the city communication operations and the

communication systems of emergency service providers. An application for a co-located facility must also include certification showing the cumulative radio frequency emissions from both the existing and proposed facilities comply with FCC emission standards and will not cause interference. 15.

Reference to any easements necessary.

16.

All proposed signage, including emergency signage as required by Section 18.110.160(B) of this chapter. B.

Additional information as deemed necessary by the zoning administrator which may include, but is not limited to, the following:

1.

Information sufficient to determine that the personal wireless service provider has obtained all applicable operating licenses or other approvals required by the Federal Communications Commission and California Public Utilities Commission.

2.

A USGS topographic map or survey, to scale, with existing topographic contours showing the proposed antennas and accessory structures.

3.

Title reports.

4.

Installation of "story poles" to show the height or overall size of the proposed antennas or accessory structures.

5.

A letter stating specifically the reasons for not co-locating on any existing personal wireless service facility tower or at any site with existing antennas within the city. The reasons for not co-locating may include evidence that the existing facilities will not meet the provider's coverage needs, letters from personal wireless service providers with existing facilities stating reasons for not permitting co-location, or evidence that personal wireless service providers have not responded, or, if the reasons for refusal to co-locate are structural, the structural calculations for review by the planning division.

Noise impact analysis.

7.

A letter to the zoning administrator which describes in detail the maintenance program for the facility as well as a security plan to prevent unauthorized access and vandalism.

8.

Written proof of the availability of any required irrigation facilities on-site prior to permit issuance. This may be in the form of a letter from the owner of the land allowing the personal wireless service provider the use of required water facilities for landscaping.

(Ord. 1743 § 1, 1998; Ord. 2000 § 1, 2009; Ord. 2086 § 2, 2014)

A.

Locational Priorities. For the purposes of this section, when a parcel is zoned PUD (planned unit development), planning staff shall look to the zoning districts listed under the particular PUD and apply those zoning districts to this section.

1.

Properties Zoned Commercial, Office, or Industrial (C, O, I, or M-U). Where feasible, personal wireless facilities shall be located on properties with a commercial, office, industrial, or mixed use zoning designation.

a.

Concealed Facility. Where feasible, personal wireless service facilities shall be concealed from view and shall not be visible by persons at ground level. By way of example, a facility will be considered "concealed" if the antennas are contained within new or existing architectural details of a building, e.g., real or faux clock or bell tower, or on the roof of a building and concealed by parapets or screenwalls, or concealed by any other means, so long as the project does not substantially compromise the aesthetics of the building.

b.

Camouflaged Facility. If it is not feasible to conceal a facility, personal wireless facilities shall be camouflaged in a manner that the facility is designed to be compatible with the surroundings. By way of example, antennas may be camouflaged in a faux tree, faux bush, flagpole, or otherwise designed in a manner to be compatible with the appurtenant architecture, building, or natural surroundings.

c.

If a facility is concealed, the antennas and accessory equipment may be placed anywhere on the property without regard to separation from other uses.

d.

If a facility is camouflaged (and not concealed), the facility must be located a minimum of 200 feet away from the following: existing dwelling units (but not accessory structures, detached garages, sheds, poolhouses, etc.); senior care or nursing homes and assisted living facilities; public or private schools for children (including nursery schools); and neighborhood parks, community parks, or regional parks, as designated in the general plan. Notwithstanding the above, if a dwelling unit is located within a commercial (C), office (O), or industrial (I) zone, the 200-foot separation requirement does not apply since the primary purpose of the C, O, or I zones is for non-residential uses.

2.

Properties Zoned Agriculture, Public, Public and Institutional (A, P, P&I). If it is not feasible to locate a personal wireless service facility on a parcel zoned C, O, I or M-U, a facility may be located on properties zoned A, P, or P&I.

a.

Concealed Preferred Over Camouflaged. Facilities are encouraged to be concealed but, at a minimum, shall be camouflaged. If a facility is concealed, the antennas and accessory equipment may be placed anywhere on the property without regard to separation from other uses.

b.

Facilities in these zoning designations may not be located within 200 feet of the following: existing dwelling units (but not accessory structures, detached garages, sheds, poolhouses, etc.); senior care or nursing homes and assisted living facilities; public or private schools for children (including nursery schools); and neighborhood parks, community parks, or regional parks, as designated in the general plan. 3.

Iron Horse Trail Between Santa Rita Road and Mohr Avenue. The Iron Horse Trail between Santa Rita Road and Mohr Avenue has no zoning designation and is primarily bordered by property zoned industrial. There are two approved camouflaged personal wireless service facilities located in the Iron Horse Trail between Santa Rita Road and Mohr Avenue. Future personal wireless service facilities may be placed in this section of the

Iron Horse Trail, so long as the facilities are either concealed or camouflaged. If a facility is concealed, then the antennas and accessory equipment may be placed anywhere on the property without regard to separation from other uses. If a facility is camouflaged, it may not be located within 200 feet of any existing dwelling units (but not accessory structures, detached garages, sheds, poolhouses, etc.).

4.

Small-cell-wireless-systems in the Hacienda Business Park. Small-cell-wireless-systems are permitted within the Hacienda Business Park where they are designed to conceal the equipment and where the design is approved by the Community Development Director. When concealed, such systems are not subject to the 200-foot separation requirement described in subsection (A)(1)(d) above.

5.

All Other Zoning Classifications. Unless specifically identified in subsection (A)(1) or (2), personal wireless service facilities shall be prohibited in all other zoning districts with one exception. Regardless of the underlying zoning designation, personal wireless service facilities may be located on any parcel that contains a city water tank or on any parcel that is adjacent to a city water tank, so long as the following conditions are satisfied:

a.

Facilities are encouraged to be concealed but, at a minimum, shall be camouflaged; and

b.

The personal wireless service facility (antennas and equipment cabinets) must be located within 200 feet of a city water tank; and

c.

Personal wireless facilities are encouraged to locate as far away from existing dwelling units as is feasible but in no event shall a personal wireless service facility (antennas or equipment cabinets) be located within 200 feet of an existing dwelling unit (but not detached garages, sheds, poolhouses, etc.).

6.

Feasibility. An applicant may demonstrate feasibility by providing evidence demonstrating that there are no other locations that: meet the applicant's coverage needs; are structurally or technically feasible; or are available to lease or otherwise economically feasible. At the applicant's expense, the city may hire an expert to review the provider's evidence and determine whether other locations may be feasible.

7.

Visibility from Freeways. Personal wireless service facilities shall be prohibited at locations that are readily visible from the I-580 and I-680 freeways unless the provider can demonstrate that there are no other feasible sites and that every effort has been made to conceal or camouflage the facility.

8.

Exception Required to Meet State or Federal Law. The decision-making body may grant an exception to any requirement of this chapter, including the locational priorities in this section, if the applicant can show that strict compliance with the code would violate federal or state law.

(Ord. 1743 § 1, 1998; Ord. 2038 § 1, 2012; Ord. 2086 § 2, 2014; Ord. 2169 § 1, 2017)

The zoning administrator may require a personal wireless service provider to co-locate its personal wireless service facilities with other existing or proposed facilities if the proposed antennas would comply with the provisions of this chapter and it would be structurally and technically feasible that the co-location site can service the same or a similar coverage area as proposed; and if the zoning administrator determines that the proposed personal wireless service facilities would have less of an adverse visual impact than two or more single nonco-located personal wireless service facilities.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

All personal wireless service facilities shall be located so as to minimize their visibility and, unless determined by the zoning administrator to be concealed from view, designed to ensure that they will not appear as an antenna facility. To minimize visual impacts, all personal wireless service facilities determined by the zoning administrator to be visible to the public or properties in the vicinity shall incorporate appropriate stealth techniques to camouflage, disguise and/or blend them into the surrounding environment. Personal wireless service facilities shall be in scale and architecturally integrated with surrounding building design(s) or natural setting in such a manner as to be visually unobtrusive.

B.

Antennas mounted on structures or on architectural details of a building shall be treated to match existing architectural features and colors found on the building. Façade-mounted antennas shall be integrated into the building's architecture through design, color, and texture.

C.

Roof-mounted antennas shall be located in an area of the roof where the visual impact is minimized. Roofmounted and ground-mounted antennas shall not be allowed when they are placed in direct line of sight of significant or sensitive view corridors or where they adversely affect scenic vistas, unless facilities incorporate appropriate, creative stealth techniques to camouflage, disguise, and/or blend them into the surrounding environment, as determined by the zoning administrator.

D.

Aboveground and partially buried equipment cabinets shall be located where they will be the least visible from surrounding properties and public places. Aboveground and partially buried equipment cabinets shall require screening from surrounding properties and public view. Any visible portion of an equipment cabinet shall be treated to be architecturally compatible with surrounding structures and/or screened using appropriate techniques to camouflage, disguise, and/or blend it into the environment. If the zoning administrator determines that an equipment cabinet is not or cannot be adequately screened from adjacent properties or from public view or architecturally treated to blend in with the environment, the equipment cabinet shall be placed underground or inside the existing building where the antenna is located. (Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

The height of a personal wireless service facility shall include the height of any structure upon which it is placed.

B.

The height of a personal wireless service facility shall be based on a visual analysis demonstrating that views of the facility are minimized or are substantially screened, and on an engineering analysis justifying the height of the proposed personal wireless service facility and demonstrating that a lower height is not feasible. (Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

The visible exterior surfaces of personal wireless service facilities shall be constructed out of nonreflective materials.

B.

All colors and materials are subject to the zoning administrator's approval. The colors and materials of antennas, equipment cabinets, and other appurtenances shall be chosen to minimize the visibility of the personal wireless service facility, except as specifically required by the Federal Aviation Administration. Facilities which will be primarily viewed against soils, trees, or grasslands shall be painted colors matching these landscapes.

C.

Lightning arrester rods and beacon lights shall not be included as part of the design of any personal wireless service facility, unless the personal wireless service provider can prove that it is necessary for health and safety purposes, or required by the Federal Aviation Administration.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

Landscaping may be required to screen personal wireless service facilities from adjacent properties or public view and/or to provide a backdrop to camouflage the facilities. All proposed landscaping is subject to the zoning administrator's review and approval. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized. Additional trees and other vegetation shall be planted and maintained around the facility, in the vicinity of the project site, and along access roads in

appropriate situations where such vegetation is deemed necessary to provide screening of personal wireless service facilities and related access roads.

B.

All ground-mounted antennas and related equipment and roads shall be substantially screened by landscaping so that their visual impact is minimized.

C.

All trees used in landscaping shall be a minimum of 15 gallons in size and all shrubs a minimum of five gallons, unless otherwise approved.

D.

Any adjacent, existing landscaping shall be preserved and refurbished if damaged during construction. E.

The personal wireless service provider shall enter into an agreement with the city, approved by the city attorney, which guarantees that all landscaping and open space areas included in the project shall be maintained at all times in a manner consistent with the approved landscape plan for the personal wireless service facility and its related equipment and roads.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

All setbacks shall be measured from the furthest extent of a personal wireless service facility to the closest applicable property line or structure, with the exception of equipment shelters. Equipment shelters shall be measured from the outside wall of the shelter to the closest applicable property line or structure.

B.

Personal wireless service facilities shall meet all applicable regulations for Class I or II accessory structures, whichever is applicable, in accordance with Chapter 18.84 of this title, with the following exceptions:

Underground equipment shelters or cabinets may adjoin property lines, if approved by the building division. 2.

Ground-mounted antennas and related equipment shall not be located in front of main structures and/or along major street frontages where they will be readily visible.

3.

The clear vertical height under a projection shall be at least 15 feet.

(Ord. 1743 § 1, 1998; Ord. 2000 § 1, 2009; Ord. 2086 § 2, 2014)

A.

Ground-mounted antennas and related equipment shall not extend over a sidewalk, street, or other public right-of-way, except that ground-mounted antennas and related equipment on streetlight poles, traffic signals, and existing telephone poles may extend over a sidewalk or street, subject to zoning administrator and city engineer approvals.

B.

Roof-mounted and façade-mounted antennas and their related equipment shall not extend over a street. C.

Roof-mounted and façade-mounted antennas and their related equipment may extend over a sidewalk provided that there shall be a setback of at least two feet between the curb and any portion of an antenna and its related equipment.

D.

The clear vertical height under a projection shall be at least 15 feet.

(Ord. 1743 § 1, 1998; Ord. 2000 § 1, 2009)

A.

The zoning administrator shall determine the number of antennas allowed per site on a case-by-case basis, with the goal of minimizing adverse visual impacts.

B.

No more than three personal wireless service facility providers shall be permitted to co-locate on a single building, tower, monopole, or other supporting structure, unless the zoning administrator determines that having additional facilities at that location is desirable and will not create aesthetic impacts. (Ord. 1743 §1, 1998; Ord. 2086 § 2, 2014)

A.

All personal wireless service facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts and to comply with the noise standards of the municipal code. Noise attenuation measures shall be required for all air-conditioning units. Backup generators shall only be operated during power outages and for testing and maintenance purposes. At any time, noise attenuation measures may be required by the zoning administrator when deemed necessary.

B.

Testing and maintenance activities of personal wireless service facilities which generate audible noise shall occur between the hours of 8:00 a.m. and 5:00 p.m., weekdays (Monday through Friday, non-holiday) excluding emergency repairs, unless allowed at other times by the zoning administrator. Testing and maintenance activities which do not generate audible noise may occur at any time, unless otherwise approved by the zoning administrator.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

All personal wireless service facilities shall be operated in a manner which complies with the Federal Communications Commission's regulations regarding signal interference.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

Personal wireless service facilities shall comply with all Federal Communications Commission and California Public Utilities Commission requirements.

B.

All personal wireless service providers shall provide signage, as required by the zoning administrator, which shall identify the name and phone number of the personal wireless service provider for use in case of an emergency.

1.

The design, materials, colors, and location of the identification signs shall be subject to zoning administrator review and approval.

2.

If at any time a new personal wireless service provider takes over operation of an existing personal wireless service facility, the new personal wireless service provider shall notify the planning division of the change in

operation within 30 days and the required and approved signs shall be updated within 30 days to reflect the name and phone number of the new wireless service provider. The colors, materials and design of the updated signs shall match those of the required and approved signs.

C.

In addition to providing visual screening, each antenna site may be required to provide warning signs, fencing, anticlimbing devices, or other techniques to achieve the same end to control access to the facilities in order to prevent unauthorized access and vandalism. However, the use of fencing shall not unnecessarily add to the visual impact of the facility, and the design of the fencing and other access control devices shall be subject to zoning administrator review and approval. All signs shall be legible from a distance of at least 10 feet from the personal wireless service facility. No sign shall be greater than two square feet in size.

D.

All personal wireless service facilities, including, but not limited to, antennas, towers, equipment cabinets, structures, accessory structures, and signs shall be maintained by the wireless service provider in good condition. This shall include keeping all personal wireless service facilities graffiti-free and maintaining security fences in good condition.

E.

All personal wireless service facilities shall be required to be reviewed by an electrical engineer licensed by the state. Within 45 days of initial operation or modification of a personal wireless service facility, the personal wireless service provider shall submit to the planning division a written certification by an electrical engineer licensed by the state that the personal wireless service facility, including the actual radio frequency radiation of the facility, is in compliance with the application submitted, any conditions imposed, and all other provisions of this chapter in order to continue operations past the 45-day period. At the personal wireless service provider's expense, the zoning administrator may employ on behalf of the city an independent technical expert to confirm and periodically reconfirm compliance with the provisions of this chapter.

F.

All personal wireless service facilities providing service to the government or general public shall be designed to survive a natural disaster without interruption in operation. To this end the following measures shall be implemented:

1.

Nonflammable exterior wall and roof covering shall be used in the construction of all aboveground equipment shelters and cabinets.

2.

Openings in all aboveground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers.

3.

The material used as supports for the antennas shall be fire resistant, termite proof, and subject to all the requirements of the Uniform Building Code.

4.

Personal wireless service facility towers shall be designed to withstand the forces expected during the "maximum credible earthquake." All equipment mounting racks and attached equipment shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it.

5.

All connections between various components of the personal wireless service facility and with necessary power and telephone lines shall be protected against damage by fire, flooding, and earthquake.

Measures shall be taken to keep personal wireless service facilities in operation in the event of a disaster. 7.

All equipment shelters and personal wireless service facility towers shall be reviewed and approved by the fire department.

8.

A building permit shall be required for the construction, installation, repair, or alteration of all support structures for personal wireless service facilities equipment. Personal wireless service facilities must be stable and must comply with the Uniform Building Code and any conditions imposed as a condition of issuing a building permit.

(Ord. 1743 § 1, 1998; Ord. 2000 § 1, 2009; Ord. 2086 § 2, 2014)

A.

All ground-mounted antennas that are located on undeveloped sites, where allowed, shall be converted to roof-or façade-mounted antennas with the development of the site when feasible and technically possible. B.

All aboveground and partially buried equipment shelters and cabinets that are located on undeveloped sites, where allowed, shall be located where they will be the least visible from surrounding properties and public places.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

All personal wireless service facilities shall use existing access roads, where available. Unless visual impacts can be adequately mitigated, no new access roads shall be allowed with any proposed personal wireless service facility.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

No advertising shall be placed on personal wireless service facilities.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

Personal wireless service facilities shall comply with all Federal Aviation Administration requirements. B.

No personal wireless service facility shall be installed in a location where special painting or lighting will be required by the Federal Aviation Administration unless technical evidence acceptable to the zoning administrator is submitted showing that this is the only technically feasible location for this facility, and the proposed facility meets all of the other requirements of this chapter. When lighting is required and is permitted by the Federal Aviation Administration or other federal or state authority, it shall be turned inward so as not to project on surrounding property.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

No personal wireless service facility shall be sited such that its design and/or construction will damage an archaeological site or have an adverse effect on the historic character of an historic structure, feature, or site. (Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

Minor modifications to personal wireless service facility equipment design, location, height, and other elements may be allowed, subject to the approval of the zoning administrator, if such modifications are in keeping with the architectural statement and layout design of the original approval, and meet the requirements of this chapter.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

Personal wireless service providers shall provide the city with a notice of intent to vacate a site a minimum of 30 days prior to the vacation.

B.

A new permit shall be required if a site is to be used again for the same purpose as permitted under the original permit if a consecutive period of six months have lapsed since cessation of operations. C.

All equipment associated with a personal wireless service facility shall be removed by the property owner after cessation of the said use for more than six consecutive months, and the site shall be restored to its original preconstruction condition. Any access road installed shall also be removed by the property owner and the ground returned to its natural condition after continuous cessation of the said use for more than six months unless the property owner establishes to the satisfaction of the zoning administrator that these sections of road are necessary to serve another use which is permitted or conditionally permitted and has been approved for the property or to provide access to adjoining parcels. An exception to this subsection may be made by the zoning administrator for an extension of up to 12 months if the property owner continues to make a good faith attempt to sell or lease the property as a personal wireless service facility site, as certified by a licensed real estate broker who is under contract with a right to sell or lease the property.

D.

The personal wireless service provider shall be responsible for providing the financial guarantee required in Section 18.110.240(B) of this chapter.

E.

Any personal wireless service provider that is buying, leasing, or is considering a transfer of ownership of an already approved facility shall submit a letter of notification of intent to the zoning administrator. (Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

The zoning administrator is authorized at his or her discretion to employ on behalf of the city an independent technical expert to review any technical materials submitted. The zoning administrator shall consult with all interested personal wireless service facility providers to compile a list of independent technical experts from which the zoning administrator shall choose the reviewing technical expert. The personal wireless service provider shall pay all reasonable costs of said review, not including administrative costs.

B.

Prior to erecting a personal wireless service facility, the personal wireless service provider shall provide a financial guarantee, satisfactory to the city attorney, for the removal of the facility in the event that its use is abandoned, or its approval is terminated. This subsection shall not apply to personal wireless service facilities approved prior to the effective date hereof.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

As of the effective date of the ordinance codified in this chapter, there are four legal nonconforming personal wireless facilities in the city. These facilities shall not be altered or modified unless approved by the zoning administrator subject to the determination that the alteration or modification will cause the personal wireless service facility to be in greater conformance with this chapter.

B.

A facility that meets the requirements of this chapter shall not later be deemed nonconforming in the event that one of the following uses locates near the existing facility in a manner that would make the facility noncompliant with the locational standards of Section 18.110.050: dwelling units (but not accessory structures, detached garages, sheds, poolhouses, etc.); senior care or nursing homes and assisted living facilities; public or private schools for children (including nursery schools); and neighborhood parks, community parks, or regional parks, as designated in the general plan. (Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

Length of Permit. A design review approval for a wireless communication facility shall be valid for an initial maximum period of 10 years.

B.

Extensions. The permit may be administratively extended by the zoning administrator for a period of time to be determined by the zoning administrator upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other provisions provided for in this chapter or in the municipal code which are in effect at the time of permit renewal. Additionally, the zoning administrator shall look at whether the personal wireless service provider has agreed in writing to upgrade the existing facility to minimize the facility's adverse visual impact to the extent permitted by the technology that exists at the time of the renewal.

C.

Notwithstanding the foregoing, no public hearing to schedule a denial of an extension pursuant to this section shall be calendared until the zoning administrator has first provided a written notice to the personal wireless service provider including with reasonable specificity: (1) the nature of the deficiency or violation; (2) a reasonably ascertainable means to correct such deficiency or violation; and (3) a reasonable opportunity to cure the same if the deficiency or violation is curable, which time period in no event shall be less than 30 days from the date of notification or such lesser period as may be warranted by virtue of a public emergency. D.

ble specificity: (1) the nature of the deficiency or violation; (2) a reasonably ascertainable means to correct such deficiency or violation; and (3) a reasonable opportunity to cure the same if the deficiency or violation is curable, which time period in no event shall be less than 30 days from the date of notification or such lesser period as may be warranted by virtue of a public emergency. D.

A nonconforming personal wireless service facility shall not receive an extension or be altered or modified unless approved by the zoning administrator subject to a determination that the extension, alteration, or modification will cause the personal wireless service facility to be in greater conformance with this chapter. E.

The Zoning Administrator's decision to deny a renewal may be appealed as described in Chapter 18.144. F.

At the zoning administrator's request, the personal wireless service provider shall provide a written summary certifying the commencement date and expiration date of any lease, license, property right, or other use agreement for the personal wireless service facility, including any options or renewal terms contained therein. G.

An approval for a personal wireless service facility may be modified or revoked by the planning commission as described in Section 18.110.030 of this chapter.

(Ord. 1743 § 1, 1998; Ord. 2000 § 1, 2009; Ord. 2086 § 2, 2014; Ord. 2303, 12/6/2025)

All personal wireless service facilities shall meet the current standards and regulations of the Federal Communications Commission, the California Public Utilities Commission, and any other agency of the federal or state government with the authority to regulate personal wireless service providers. If such standards and regulations are changed, the personal wireless service provider shall bring its facilities into compliance with such revised standards and regulations within 90 days of the effective date of such standards and

regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to bring personal wireless service facilities into compliance with such revised standards and regulations shall constitute grounds for the immediate removal of such facilities at the personal wireless service provider's expense.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

A.

The personal wireless service provider shall defend, indemnify and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project, unless such claim, action, or proceeding is based on the city's negligence or misconduct, when such

der shall defend, indemnify and hold harmless the city or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the city, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project, unless such claim, action, or proceeding is based on the city's negligence or misconduct, when such

claim or action is brought within the time period provided for in applicable state and local statutes. The city shall promptly notify the providers of any such claim, action or proceeding. Nothing contained in this subsection shall prohibit the city from participating in a defense of any claim, action, or proceeding if the city bears its own attorney fees and costs, and the city defends the action in good faith.

B.

Personal wireless service providers shall be strictly liable for any and all sudden and accidental pollution and gradual pollution from the usage of their personal wireless service facilities within the city. This liability shall include cleanup, injury or damage to persons or property. Additionally, personal wireless service providers shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of the release of pollutants from their operations.

C.

Personal wireless service providers shall be strictly liable for any and all damages resulting from electromagnetic waves or radio frequency emissions in excess of the Federal Communications Commission's standards.

(Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect. (Ord. 1743 § 1, 1998; Ord. 2086 § 2, 2014)

Chapter 18.112 SATELLITE EARTH STATION DEVELOPMENT STANDARDS (§ 18.112.010 – § 18.112.030)

No exterior satellite earth station having a dimension greater than 24 inches shall be allowed in any residential district unless it complies with the requirements of this section. For the purposes of this section, a "satellite earth station" means a parabolic dish antenna designed for the transmission and/or receiving of signals from a satellite and used for enhanced radio, television reception and/or telecommunications uses. A.

No satellite earth station shall be located on, attached to, or in any manner supported above any roof of any structure.

B.

No satellite earth station shall be located in any street, alleyway, front yard or in the area between the front yard and the front of the structure.

C.

No satellite earth station shall be located in any side yard on the street side of a corner lot unless the antenna is totally screened from view from such street.

D.

The maximum height to the highest point of the installed satellite earth station shall be 10 feet. E.

Any satellite earth station which has a maximum height taller than the top of any fence separating the property on which the earth station is proposed and adjacent properties shall maintain a minimum setback of five feet from such property line, if such satellite earth station is screened from such adjacent properties. The focusing side of a satellite earth station, if required to be unscreened, shall maintain a minimum setback of 15 feet from any property line it faces.

F.

Screening, in a form acceptable to the director, shall be installed to screen along the sides and rear of the satellite earth station that are visible to the adjacent properties or public roadways. Screening shall be designed to achieve a height equal to the maximum height of the satellite earth station.

G.

Satellite earth stations shall be earth-tone colors satisfactory to the director, unless such satellite earth station is completely screened from adjoining properties and city rights-of-way.

(Prior code § 2-5.59(a); Ord. 1220 § 2, 1985)

No exterior satellite earth station or microwave dish having a dimension greater than two feet in diameter shall be allowed in any nonresidential district unless it complies with the requirements of this section. For the purposes of this section, "satellite earth station" means a parabolic dish antenna designed for the

transmission and/or receiving of signals from a satellite and used for enhanced radio, television reception and/or telecommunication uses; "microwave dish" means a parabolic dish or open antenna designed for the transmission and/or receiving of microwave signals for enhanced telecommunication uses.

A.

Design review approval per Chapter 18.20 of this title is required for any proposed satellite earth station or microwave dish greater than two feet in diameter.

B.

All satellite earth stations and microwave dish antennas shall be located on the roof of a structure whenever possible, provided the antenna or dish is not visible from public roadways or can be adequately screened from view of a public roadway. All satellite earth stations and microwave dish antennas that cannot be installed on the roof in a manner that is not visible to a public roadway shall be located directly adjacent to an existing building, whenever possible.

C.

Any satellite earth station or microwave dish proposal that is visible from any public roadway or other public place shall include a written statement explaining the exact need of the satellite earth station or microwave dish. This statement shall include details of the efforts made to utilize the capabilities of alternative service providers (cable company, teleports, etc.) prior to the submittal of an application.

D.

Ground-mounted dishes shall be located to the rear of the building or facing the interior of the respective business park whenever possible in order to be completely hidden from view from the front of the building or public roadways.

E.

No satellite earth station or microwave dish shall result in the elimination of any existing or approved off-street parking space unless the remaining off-street parking satisfied the off-street parking requirements of this code, or, in the event no standard applies, the community development director determines that there remains a sufficient amount of off-street parking at the subject property.

F.

Ground-mounted dishes and antennas shall be adequately screened (on three sides) utilizing on- and/or offsite vegetation or other approved screening mechanism.

G.

The maximum height of the satellite earth station or microwave antenna shall not exceed 17 feet measured from its base to its highest point.

(Prior code § 2-5.50(b); Ord. 1220 § 2, 1985; Ord. 1520 § 4, 1991; Ord. 1600 § 3, 1993; Ord. 2000 § 1, 2009) No satellite earth station shall be erected or otherwise installed unless a permit for such installation has first been applied for and approved by the building division, if such permit is deemed necessary by the chief building official.

(Prior code § 2-5.50(c); Ord. 1220 § 2, 1985; Ord. 2000 § 1, 2009)

Chapter 18.114 ADULT ENTERTAINMENT ESTABLISHMENTS (§ 18.114.010 – § 18.114.190)

It is the purpose of this chapter to provide for the reasonable and uniform regulations of adult entertainment establishments, as defined herein. It is the intent of this chapter that the regulations be utilized to prevent the serious objectionable operational characteristics of adult entertainment establishments, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon adjacent areas. The distribution, sale, exhibition, or display of obscene matter or obscene live conduct in or about a public place presents a serious deleterious effect up-on the public health, morals, and general welfare. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.

(Ord. 1603 § 1, 1993)

For the purposes of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section have the meaning given them in this section.

"Adult entertainment establishment"

means any place or business at which one or more of the following activities is conducted:

1.

"Adult bookstore"

means an establishment that devotes more than 20 percent of the total shelf, rack, table, standard or floor area utilized for the display and sale of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

b.

Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities"; or

c.

An establishment with a majority of: (1) its floor area devoted to; (2) stock-in-trade consisting of; or (3) gross revenues derived from, goods which are replicas of, or which simulate, "specified anatomical areas" or "specified sexual activities," or goods which are designed to be placed on or in "specified anatomical areas," or to be used in conjunction with "specified sexual activities."

An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than 20 of the total floor area of the establishment to the sale of books and periodicals.

2.

"Adult motion picture theater"

means an establishment, with a capacity of more than one person, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual

activities" or "specified anatomical areas" for observation by patrons. For purposes of this subsection A2 and subsection A3, a "substantial portion of the total presentation time" shall mean the presentation of films or shows described above for viewing on more than 14 days within any 56 consecutive-day period.

3.

"Adult video store"

means an establishment having more than 20 percent: (a) its floor area devoted to; (b) stock-in-trade consisting of; or (c) gross revenues derived from, films, motion pictures, video cassettes, video reproductions, or other visual representations which are distinguished or characterized by their emphasis on matter depicting, or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, or any establishment devoted to the sale or display of such material.

4.

"Other businesses"

means any business not otherwise herein defined or identified which involves "specific sexual activities" or display of "specified anatomical areas."

"Church"

means an institution which people regularly attend to participate in or hold religious services, meetings and other activities. The term "church" shall not carry a secular connotation, and shall include buildings in which the religious services of any denomination are held.

"Matter"

means any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording,

transcription or mechanical, chemical or electrical reproduction of any other articles, equipment, machines or materials.

"Person"

means any individual, firm, association, partnership, corporation, joint venture or combination of individuals.

"Public park"

means an area publicly owned and dedicated as a park whether developed or not.

"Residential zone",

for purposes of this chapter, means a residential zone which shall include the R-1, R-M, PUD-HDR, MDR, LDR and RDR zoning districts.

"School"

means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State

Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.

"Specifed sexual activities"

means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, buttocks, or female breasts. "Specifed anatomical areas"

means less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Viewing area"

means an area in any adult book and/or novelty store, cabaret, theater, motion picture arcade, or other adult entertainment establishment, where a patron or customer would ordinarily be positioned for purposes of viewing or watching a performance, picture, show, or film.

(Ord. 1603 § 1, 1993)

A.

No person shall cause or permit the establishment, enlargement or transfer of ownership or control of any adult entertainment establishment if such establishment is within 500 feet of another such business, 500 feet of any residential zone or residential use, or within 500 feet (of any church, school, or public park within the city, or within 500 feet of an establishment selling and serving alcohol. For purposes of this section, a hotel/motel shall not be considered as a residential use.

B.

An adult entertainment establishment shall not be permitted to be established, enlarged or transferred unless the provisions of the zone in which the site or proposed site is located permits such a use.

C.

For purposes of this section, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof whether located on the same or an adjacent lot or parcel of land.

(Ord. 1603 § 1, 1993)

The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each establishment. The distance between any adult entertainment establishment and any church, school, public park, establishment selling and serving alcohol or residential zone or use, shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the church, school, public park, or residential zone or residential use, or establishment selling and serving alcohol.

(Ord. 1603 § 1, 1993)

An adult entertainment establishment shall be permitted only in the commercial zones listed in Table 18.44.080 of Chapter 18.44.

(Ord. 1603 § 1, 1993; Ord. 2155 § 3, 2017)

A.

Prior to commencing any work pertaining to the development, construction, reconstruction, relocation, conversion, alteration, expansion, or establishment of any adult entertainment establishment, the applicant shall submit to the city planning division an application for an adult entertainment establishment permit on a form approved by the planning division and a site plan. A fee therefor shall be paid pursuant to Section 18.114.070 of this chapter. The application and site plan are required for purposes of verification that the request complies with the design and performance standards, and is in conformity with the locational criteria, set forth in this chapter.

B.

The applicant shall also submit to the police chief an application for an adult entertainment establishment permit. Said application shall be in writing on a form prescribed by the police chief and shall be signed by the applicant. The application shall set forth the exact nature of the activities proposed to be conducted, the proposed place of business and facilities therefor, and the name and address of each applicant. The chief of police may require the applicant to allow fingerprints to be taken for the purpose of establishing identification. Any applicant shall furnish the following information:

The previous addresses of each applicant, if any, for a period of three years immediately prior to the date of the application and the dates of residence of each.

2.

Written proof that the applicant is at least 18 years of age.

3.

The applicant shall allow the police department official who processes the application to take photographs of the applicant.

4.

Applicant's height, weight, color of eyes and hair.

5.

Business, occupation or employment history of the applicant for the three years immediately preceding the date of the application.

6.

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than five percent of the stock of the corporation along with the amount of stock held, and the name and address of the person or agent to accept service of a summons and complaint. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.

7.

The names and residence addresses of all persons currently employed or intended to be employed in the adult entertainment establishment, regardless of the nature of employment, along with the proposed or actual nature of the work performed or to be performed and recent passport-size photographs of each employee, suitable to the police department official processing the application. The chief of police may require each such employee to allow fingerprints to be taken for the purpose of identification. Any applicant or permittee shall notify the city in writing of the names and addresses and shall supply such photographs of any new employees within five days of such employment. Such new employees shall allow fingerprints to be taken for identification purposes.

8.

Such other information as may be deemed necessary by the chief of police. C.

Within 60 days following receipt of a completed application, the chief of police shall either issue the permit or mail to the applicant a written statement of the reasons for denial thereof. The police chief shall issue an adult entertainment establishment permit to any person whose application complies with the requirements of this chapter, unless grounds for denial of such permit are found to exist. Grounds for denial include:

1.

The applicant made a material misstatement in the application for a permit. 2.

The applicant has, within five years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Sections 243.4, 290, or any violation of Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(b), 647(d), or 647(h) of the California Penal Code, or of any offense involving theft of property or violence. The basis for denial stated in this subsection (C)(2) shall not apply to adult theaters, adult bookstores, or adult video stores. Prior to denying a permit under this chapter for either of said activities by reason of such conviction, the chief of police shall make a finding that by reason of the nature of the

conviction or underlying facts, or by reason of the anticipated nature of the activities to be carried out under the permit applied for, or by reason of any other relevant factors, the issuance of such permit would be inconsistent with the general health, safety and welfare.

3.

That the operation of an adult entertainment establishment, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, all city ordinances and regulations.

4.

That the applicant has violated any provision of this chapter; or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of adult entertainment establishments. D.

It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the city the operation of an adult entertainment establishment without an adult entertainment establishment permit. E.

An adult entertainment establishment permit shall not be transferrable and a new permit must be obtained if the adult entertainment establishment is leased, subleased, sold, or otherwise transferred for any reason, as the term "transfer of interest" is defined in Section 18.114.140 of this chapter.

(Ord. 1603 § 1, 1993; Ord. 2000 § 1, 2009)

Any application for a permit to operate an adult entertainment establishment shall be accompanied by a nonrefundable fee as set forth in the city master fee schedule (on file in the office of the city clerk). The application fee shall be used to defray, in part, administrative costs incurred in the processing of such application, and is not made in-lieu of any other fees or taxes required under this code. A permit to operate an adult entertainment establishment shall be renewed annually.

(Ord. 1603 § 1, 1993)

All adult entertainment establishments shall comply with the following facilities, design, performance, and operations requirements:

A.

Such establishments shall comply with all site development standards, including parking, of the zone in which an adult entertainment establishment is located and all codes, including Building and Fire Codes.

B.

Adult entertainment establishments shall close and remain closed from 11:00 p.m. to 10:00 a.m.

C.

Signs, advertisements, displays, or other promotional materials depicting or describing "specified anatomical areas" or "specified sexual activities" or displaying instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment establishment is conducted.

D.

Each adult entertainment establishment shall have a business entrance separate from any other nonadult business located in the same building, except in the C-R(M) zoning district.

E.

All building openings, entries, and windows for an adult entertainment establishment shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment establishment from any area open to the general public.

F.

No adult entertainment establishment shall be operated in any manner that permits the observation by the public of any material depicting, describing, or relating to "specified sexual activities" or "specified anatomical

areas" from any public way or from any location beyond the walls of the building or portion thereof in which the adult entertainment establishment is conducted.

G.

The building entrance to the adult entertainment establishment shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

H.

No loudspeakers or sound equipment shall be used by adult entertainment establishment for the amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment establishment is conducted.

I.

Each adult entertainment establishment shall be provided with a manager's station for the purpose of supervising activities within the business. A manager shall be on duty on the premises during all times that the adult entertainment establishment is open to the public.

J.

Any viewing area, as defined in this chapter, shall be visible from the manager's station of the adult entertainment establishment, and visibility of the entire viewing area from the manager's station shall be neither obscured nor obstructed by any merchandise, curtain, door, wall, or other structure.

K.

All exterior areas of adult entertainment establishment, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.

L.

The maximum occupancy load, fire exits, fire lanes, and fire suppression equipment shall be regulated, designed, and provided in accordance with the Uniform Fire Code and Uniform Building Code. M.

An on-site security program shall be prepared and implemented including the following items: 1.

All off-street parking areas and building entries serving the adult entertainment establishment shall be illuminated during all hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult entertainment establishment for the personal safety of patrons and employees and to reduce the incidence of vandalism and theft. The lighting shall be shown on the required plot plan and shall be subject to review for compliance through the design review process by the community development director and police chief.

2.

All interior portions of the adult entertainment establishment, except those areas devoted to motion pictures, shall be illuminated during all hours of operation with a lighting system which provides a minimum maintained horizontal illumination of not less than two foot-candles of light.

3.

For adult entertainment establishments which exceed an occupant load of 125 persons, the provision of onsite security personnel shall be required during all business hours. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the police chief. (Ord. 1603 § 1, 1993; Ord. 2000 § 1, 2009)

An adult motion picture theater shall comply with all the conditions stated in Section 18.114.080 and the following requirements:

A.

A manager's station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture viewing areas.

B.

No adult motion picture theater shall be maintained or operated unless the complete interior of the adult motion picture theater is visible upon entrance to such adult motion picture theater.

C.

Maximum number of devices. No person shall operate an adult motion picture theater in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.

(Ord. 1603 § 1, 1993)

A permittee who operates or causes to be operated an adult entertainment establishment and regardless of whether or not an adult entertainment establishment permit has been issued to said business under this chapter, and which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

A.

Upon application for an adult entertainment establishment permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed 32 square feet of floor area.

B.

No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the city zoning administrator.

C.

It is the duty of the permittee to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

D.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video viewing equipment. If the premises has two or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.

E.

It shall be the duty of the permittee and any employees present on the premises to ensure that the view area specified in subsection D of this section remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this chapter.

F.

No viewing booth shall be occupied by more than one person at any one time. G.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than two foot-candles as measured at

the floor level. It shall be the duty of the permittee and any employees present on the premises to ensure that the required illumination is maintained at all times that any patron is present on the premises.

(Ord. 1603 § 1, 1993)

Any and all investigating officials of the city shall have the right to enter adult entertainment establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with state or federal laws and building, fire, electrical, plumbing, health regulations or provisions of this chapter. A warrant shall be obtained whenever required by law.

(Ord. 1603 § 1, 1993)

No person licensed to operate an adult entertainment establishment shall operate under any name or conduct business under any designation not specified in the permit.

(Ord. 1603 § 1, 1993)

Upon a change of location of an adult entertainment establishment, an application for a zoning certificate as well as application to the chief of police shall be made, and such application shall be granted; provided all applicable provisions of this code are complied with and a change of location fee as set forth in the municipal fee schedule to defray, in part, the administrative costs incurred has been paid to this city.

(Ord. 1603 § 1, 1993)

No permit issued pursuant to the provisions of this chapter shall be assigned or transferred in any manner, nor shall any person other than those therein mentioned engage in the enterprise for which the permit is issued. As used in this section, transfer includes, but is not limited to, any modification of a business entity operating an enterprise, or otherwise required to be disclosed pursuant to this chapter, including transfer of more than 10 percent of the stock of any corporation.

(Ord. 1603 § 1, 1993)

The owner or operator of an adult entertainment establishment shall display the establishment permit in an open and conspicuous place on the premises. Passport-size photographs of the permittee shall be affixed to the permit on display pursuant to this chapter.

(Ord. 1603 § 1, 1993)

A.

After a public hearing conducted pursuant to Section 18.124.130, the zoning administrator shall suspend an adult entertainment establishment permit for a period not to exceed 30 days or until the violation has been corrected, whichever is later, if the evidence presented establishes that one or more of the following conditions exist:

1.

That the conduct of the adult entertainment establishment does not comply with all applicable laws including, but not limited to, the city's Fire, Building, Zoning, or Health and Safety Codes; or the locational criteria or design and performance standards as set forth in this chapter;

2.

That there was not a responsible person over 18 years of age on the premises to act as a manager at all times during which the adult entertainment establishment was open;

3.

That the permittee, manager, or any employee of the permittee or manager has knowledge that the adult entertainment establishment has been used on an on-going basis as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution, assignation, or other lewd acts occur or have occurred; 4.

That the permittee, manager, or any employee, partner, director, officer, majority stockholder, or manager has violated any provision of this chapter;

That the permittee, manager, or any employee has failed to prevent or failed to clean up materials harmful to minors left in the immediate area outside of the adult entertainment establishment building;

6.

That the permittee, manager, or any employee of the permittee or manager refused to allow lawful inspection of the premises pursuant to Section 18.114.110;

7.

That the permittee, manager, or any employee of the permittee or manager knowingly permitted gambling on the premises.

8.

That the permittee, manager, or any employee of the permittee or manager was found to be intoxicated or under the influence of a controlled substance while on duty at the adult entertainment establishment and acting in the capacity of manager;

B.

The review of an adult entertainment establishment permit for its possible suspension shall be conducted by the zoning administrator. The zoning administrator shall make his or her written determination including findings. A copy of the written determination and the findings therefor shall be provided to the permittee. The permittee may appeal such determination as provided in Chapter 18.144 of this title. (Ord. 1603 § 1, 1993)

A.

An adult entertainment establishment permit shall be revoked and no adult entertainment establishment permit may be requested for the same location within a one year period if one or more of the following conditions is found to exist:

1.

That the permittee, his or her employee, partner, director, officer, stockholder, or manager has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the police department or other department of the city;

2.

That the permittee, manager, or any employee of the permittee or manager has been convicted of a felony in a court of competent jurisdiction in conjunction with or as a result of the operation of the adult entertainment establishment;

3.

That the permittee, manager, or any employee of the permittee or manager knowingly allows any minor into the establishment, permits use of the facilities by a minor, and/or sells adult-oriented materials to a minor;

4.

That the approved adult entertainment establishment has been expanded, or partially or wholly converted to another adult entertainment establishment without the required city approvals and permits;

5.

That there have been two suspensions of the adult entertainment establishment permit within a three year period;

6.

That the permittee, manager, or any employee of the permittee or manager, knowingly allowed possession, use, or sale of controlled substances, or knowingly allowed acts of prostitution on the premises; or 7.

That the permittee or manager continued to operate the adult entertainment establishment during a suspension period of the adult entertainment establishment permit.

That a permittee has been convicted of a "specified criminal act" stated in subsection 18.114.060(C)(2), for which the required time period has not yet elapsed.

9.

That on two or more occasions within a 12-month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the adult entertainment establishment at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit.

10.

That a permittee, manager or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises. 11.

That a permittee or manager is operating more than one adult business in the same building. B.

If the facts warrant, suspension may be imposed in lieu of revocation.

C.

The zoning administrator shall conduct a hearing to consider revocation of an adult entertainment establishment permit and make a written determination, including findings, in accordance with the findings indicated in Chapter 18.124 of this title. A copy of the written determination including the findings therefor shall be provided to the permittee. The permittee may appeal such determination as provided in Chapter 18.144 of this title.

(Ord. 1603 § 1, 1993)

The following are specifically excluded from the meaning of the term "adult entertainment establishment": A.

Physicians, surgeons, chiropractors, osteopaths, nurses or physical therapists who are duly licensed to practice their respective professions in the state of California and are practicing their respective professions; B.

Any activity conducted or sponsored by any school district or other public agency. (Ord. 1603 § 1, 1993)

If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions or clauses or applications thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this chapter are declared to be severable.

(Ord. 1603 § 1, 1993)

Chapter 18.116 TEMPORARY USES (§ 18.116.010 – § 18.116.060)

The following temporary uses shall be permitted upon the granting of a use permit in accord with the provisions of section 18.124.170 of this title relating to temporary use permit: A.

Temporary conditional uses in C districts prescribed in Section 18.44.080 of this title;

B.

Subdivision sales offices, and model home complexes; such uses shall be located so as to minimize their impact on adjoining occupied dwellings, generally a minimum separation of 200 feet;

C.

Construction yards located not less than 200 feet from any existing dwelling outside the subdivision;

D.

Nonresidential uses conducted in trailers, provided each use shall be a permitted use or a conditional use in the district in which it is located;

E.

Trailer residence of fair, circus or carnival personnel or Christmas tree sales personnel on the site of the principal use, or trailer residence of a watchman on the site of a construction project; F.

Reverse vending machines or other small recycling collection facilities in accordance with Chapter 9.22. (Prior code § 2-10.22; Ord. 1312 § 1, 1987; Ord. 2155 § 3, 2017) A.

"Home boutique" means and is defined as the indoor sale of homemade, nonimported craft and art goods whereby the legal tenant of the residence in which the boutique is operated must be one of the creators of the home-made goods. The operation, including sales and storage area, shall not occupy more than three rooms and the garage area of the residence in which it is conducted, nor be located closer than a half mile to any other home boutique operating on the same day.

B.

A home boutique may be permitted upon grant of a use permit where the findings listed in Section 18.124.070 of this title can be made by the zoning administrator.

C.

A permit for a home boutique shall authorize conduct of the use for a specified period not to exceed three days in any one calendar year.

D.

Mailed project notifications shall be provided in accordance with the procedures detailed in Section 18.12.044.

E.

If a hearing is requested, a public hearing before the zoning administrator shall be held prior to a decision being made. No public hearing shall be held unless such a request is made.

F.

The use permit may be revocable or granted subject to such conditions as the zoning administrator may prescribe. Conditions may include, but shall not be limited to:

1.

Requiring that no structural alterations be made to the structure in order to accommodate the home boutique;

2.

A maximum of four signs, not less than 400 feet apart, and each sign no more than six square feet in area. These signs shall not be placed, used or maintained in any location upon public property, rights-of-way or within public easements, where such placement endangers the safety of persons or property, or unreasonably interferes with or impedes the flow of traffic or the ingress or egress from any residence or business. These signs may be displayed no longer than the permitted hours of operation of the home boutique they are advertising;

3.

A maximum of eight hours of operation in a single day, with the specific hours as proposed by the boutique operators and as proposed in notices to surrounding property owners;

Requiring all boutique members to have a city business license.

G.

Determinations of the decision-making body are final unless appealed under the provisions of Chapter

18.144.

(Ord. 1434 § 1, 1989; Ord. 2303, 12/6/2025)

A.

A temporary use in an existing structure may be permitted in a C district, for not to exceed one year where it appears by specific finding made by the planning commission that:

1.

The temporary use is proposed only pending application for rezoning to accommodate a permitted or conditionally permitted use. The permit may be conditioned upon the filing of such application;

2.

The temporary use, even though not permitted or conditionally permitted, is not so inconsistent with the regulations for the district in which it is located as to constitute a traffic hazard or parking problem, or to create noise, odor, or other conditions offensive to the senses, or to be inconsistent with the adjoining land uses.

B.

The permit may be revocable or granted subject to such conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring that no structural alterations be made to the structure in order to accommodate the temporary use; requiring street dedications and improvements; requiring any or all of the conditions specifically allowed in Chapter 18.124 or 18.132 of this title.

C.

Determinations of the decision-making body are final unless appealed under the provisions of Chapter 18.144.

(Prior code § 2-10.23; Ord. 2303, 12/6/2025)

Upon the granting of a temporary use permit in accord with the provisions described in this section, a fee parking lot may be operated on any property within the city for the purpose of providing parking for activities occurring at the Alameda County fairgrounds.

A.

Procedure. The community development director, or his or her designated representative, shall prepare a permit procedure for such temporary uses. Fees for the processing of applications shall be established in the resolution establishing fees and charges for various municipal services, as set forth in the master fee schedule (on file in the office of the city clerk).

B.

Conditions. No permit shall be granted unless the operation of the fee parking lot will not be detrimental to the public health, safety and general welfare. Conditions may be attached to permit approval as necessary to protect the public health, safety and general welfare.

C.

Revocation of Permit. Upon operation of a fee parking lot in a manner detrimental to the public health, safety and general welfare or, if granted subject to conditions, upon failure to comply with those conditions, the temporary use permit may be revoked. While the permit is revoked, no additional vehicles shall be parked on the site. The temporary use permit may be reinstated following reapplication with the city. D.

Violation. No person shall operate a fee parking lot, and no person shall allow property owned or occupied by them to be operated as a fee parking lot without a temporary use permit being in full force and effect; nor

shall any fee parking lot be operated in violation of its conditions of approval. Violations of this section shall be deemed infractions. The city, at its election, may revoke the permit, cite the violator for an infraction, or both revoke the permit and cite the violator for an infraction.

E.

Exemption. Fee parking lots operated by the Alameda County fair or any other governmental body shall be exempt from the provisions of this section.

(Prior code § 2-10.24; Ord. 2000 § 1, 2009)

The following temporary outdoor uses shall be permitted subject to the zoning administrator making a determination that a temporary use application for an outdoor event meets the criteria listed in subsections A, B and C of this section for that event; any application not meeting the criteria shall be subject to a temporary conditional use permit in accordance with the provisions of Section 18.124.170 of this title relating to temporary use permits; however, no temporary conditional use permit for an outdoor sale shall be approved if it is longer than three days, no temporary conditional use permit for an outdoor sale during a hotel convention shall be allowed if it is longer than five days, no temporary conditional use permit for an outdoor sale shall be allowed for more than four events per year, except that outdoor sales events benefiting charitable or nonprofit organizations shall not count toward the four event limit and shall not be limited in number.

A.

Private Outdoor Company Events. Company employee events held outdoors on a work site for which the applicant has obtained approval from the fire and police departments and which meet the following criteria shall be permitted in C and I districts, and in PUD districts with an underlying retail/highway/service commercial business and professional offices or business park general plan designation.

1.

Event activities, including event setup and take down, shall be limited to the hours between 7:00 a.m. and 8:00 p.m.

2.

The zoning administrator has approved a decorating plan for any signs or decorations proposed for the event. Decorations and attention getting devices such as flags, pennants, banners, and other temporary signs and devices shall be allowed as deemed appropriate by the zoning administrator.

3.

The event meets the requirements of the police and fire departments as to alcohol use, security, safety, noise, fire hazards, emergency access, vehicular and pedestrian ingress and egress; the event meets all applicable requirements of the building and fire codes; and the applicant has obtained all necessary permits.

4.

The event is not open to the general public.

5.

The property owner has approved the event in writing.

B.

Outdoor Sales. Temporary outdoor displays and/or sales of merchandise or services on a business site for which the applicant has obtained approval from the fire and police departments and which meet the following criteria shall be permitted.

1.

Outdoor display and/or sale of merchandise may be done as part of a business district or shopping center event, as an event to benefit charitable or nonprofit organizations, or on an individual business basis.

2.

Temporary outdoor sales shall not last longer than three days.

No more than four events per year featuring outdoor sales shall be held by any individual business district, individual business, or shopping center, except that outdoor sales events benefiting charitable or nonprofit organizations shall not count toward the four event limit and shall not be limited in number.

4.

Outdoor sales activities, including setup and take down, shall be limited to the hours between 7:00 a.m. and 8:00 p.m. The time frame of events may be extended to the normal closing time of a business if the zoning administrator determines there will not be a detrimental effect upon adjacent properties.

5.

Except for charitable events, temporary outdoor displays and/or sales shall be associated with a business on the site.

6.

The zoning administrator has determined that the merchandise will be attractively displayed in an organized manner and has approved a decorating/sign plan for any signs or decorations proposed for the event. Allowable decorations and attention getting devices are restricted to flags, pennants, banners, and other temporary signs and devices as deemed appropriate by the zoning administrator.

7.

The event meets the requirements of the police and fire departments as to security, safety, noise, fire hazards, and emergency access; the event meets all applicable requirements of the building and fire codes; and the applicant has obtained all necessary permits.

8.

Outdoor sales/displays shall not obstruct vehicular or pedestrian ingress to/egress from any business or to the business district/shopping center, and shall make available sufficient parking for customers as determined by the zoning administrator.

9.

Outdoor sales/displays located on sidewalks shall meet the following physical requirements:

a.

A four foot unobstructed sidewalk clearance for pedestrians shall be maintained at all times from a table, chair, bench, display, planter, or any other appurtenance used as part of a sidewalk sale/display and a two foot clearance shall be maintained from the face of curb to any such appurtenance.

b.

No sale/display shall be located so as to block access to or from a building. A minimum unobstructed clear area shall be maintained which extends two feet to either side of both door jambs and eight feet perpendicularly from the door in a closed position.

10.

The property owner has approved the event in writing.

C.

Outdoor Sales During Hotel Conventions. Temporary outdoor display and/or sale of merchandise or services on a hotel site for which the applicant has obtained approval from the fire and police departments and which meet the following criteria shall be permitted at hotels.

1.

Outdoor display and/or sale of merchandise or services shall be allowed only as part of a hotel convention or conference.

2.

The organization or association that holds the convention must be nonprofit or charitable or, if the organization or association holding the event is for profit, then the convention must entirely benefit (minus operating costs) a charitable organization. Individual vendors at a convention may be for profit businesses.

Outdoor vendor areas are limited to convention attendees only and shall not be open to the general public.

4.

Temporary outdoor sales shall not last longer than five days.

5.

The zoning administrator has determined that the merchandise will be attractively displayed in an organized manner and has approved a decorating/sign plan for any signs or decorations proposed for the event. Allowable temporary signs are limited to: one nonilluminated "welcome" banner sign per convention and one nonilluminated identification sign per vendor during the event. The "welcome" banner may not exceed two feet in height by 10 feet in length, shall be affixed on the hotel building wall or windows, shall be located within 10 feet of the main hotel entrance, and shall be no higher than 12 feet above the ground floor grade. Individual vendor signs may not exceed eight square feet in area and shall be installed within the sales area of the individual vendor. Vendor signs shall be placed no higher than eight feet from grade and shall not be oriented towards or attempt to draw attention from any public street or freeway. The "welcome" and individual vendor signs may only be displayed during the outdoor event.

6.

The event meets the requirements of the police and fire departments as to security, safety, noise, fire hazards, and emergency access; the event meets all applicable requirements of the building and fire codes; and the applicant has obtained all necessary permits.

7.

Outdoor sales/displays shall not obstruct vehicular or pedestrian ingress to/egress from any business and shall make available sufficient parking for convention attendees and hotel guests as determined by the zoning administrator.

8.

The property owner has approved the event in writing.

(Prior code § 2-10.25; Ord. 1511 § 2, 1991; Ord. 1694 § 1, 1996; Ord. 1906 § 2, 2004; Ord. 2065 § 1, 2013) Christmas tree sales lots may be approved in R-1 and RM districts by the Zoning Administrator, provided that the findings required by Section 18.124.070 of this title shall be made. The requirements for Christmas tree sales lots in R-1 and RM districts shall be as follows:

A.

Requirements:

1.

The minimum setback between the Christmas tree sales lot and any existing residential use shall be 100 feet.

2.

No permit shall be granted unless the operation of the outdoor sale will not be detrimental to the public health, safety and general welfare. Conditions may include, but shall not be limited to:

a.

Review of site plan to access lighting and traffic circulation so as not to interfere with surrounding residential uses;

b.

Requiring the organization to obtain a city business license;

c.

Limitation of hours of operation.

(Ord. 1443 § 3, 1989; Ord. 2303, 12/6/2025)

If expanded operation hours are requested for a special downtown accessory entertainment use which would otherwise adhere to the permitted use parameters in Table 18.44.080, the expanded hours may be approved

by the zoning administrator provided the findings required by Section 18.124.070 are made by the zoning administrator, and the expanded hours are proposed for a special downtown accessory entertainment use in the downtown hospitality central core area; are proposed for a holiday celebration; are proposed in conjunction with a downtown special event; and/or effective noise attenuation is installed. Expanded operation hours shall be approved for no more than five calendar days a year. No public hearing shall be held unless requested by the zoning administrator.

No notification shall be required, unless a street closure is approved for the use. If a street closure is approved, at least two weeks prior to the event the applicant shall notify property owners and occupants within the downtown specific plan area about the street closure and provide a contact number for the event organizer or designee. The zoning administrator may waive the notification requirement if the applicant demonstrates to the satisfaction of the zoning administrator that such noticing will occur by the city of Pleasanton police department, other city of Pleasanton department, or the Pleasanton downtown association. (Ord. 2055 § 2, 2012; Ord. 2155 § 3, 2017)

Chapter 18.120 NONCONFORMING USES (§ 18.120.010 – § 18.120.080)

This chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of nonconforming structures and signs, this chapter is intended to limit the number and extent of nonconforming structures and certain

is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of nonconforming structures and signs, this chapter is intended to limit the number and extent of nonconforming structures and certain

nonconforming signs by prohibiting their being moved, altered or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this chapter and by prohibiting their restoration after destruction. Eventually, certain classes of nonconforming uses, nonconforming structures of nominal value, and certain nonconforming signs are to be eliminated or altered to conform. (Prior code § 2-10.32)

A.

A use, lawfully occupying a structure or a site on the effective date of the ordinance codified in this chapter, or of amendments thereto, that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this chapter.

B.

A structure, lawfully occupying a site on the effective date of the ordinance codified in this chapter, or of amendments thereto, that does not conform with the standards for front yard, side yards, rear yard, height, or basic floor area of structures, distances between structures, courts, or usable open space for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this chapter.

C.

A sign, outdoor advertising structure, or display of any character, lawfully occupying a site on the effective date of the ordinance codified in this chapter, or of amendments thereto, that does not conform with the standards for subject matter, location, size, lighting, or movement prescribed for signs, outdoor advertising structures, and displays for the district in which it is located shall be deemed to be a nonconforming sign and may be displayed and maintained, except as otherwise provided in this chapter.

D.

Routine maintenance and repairs may be performed on a structure or site the use of which is nonconforming, on a nonconforming structure, and on a nonconforming sign. (Prior code § 2-10.33)

A.

No structures, the use of which is nonconforming, and no nonconforming sign, shall be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconformity, except that a structure housing a nonconforming residential use in an A, R, O, MU or C district may be altered or enlarged, provided that the number of dwelling units is not increased.

B.

No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use, except as permitted in this section.

C.

No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy on the effective date of the ordinance codified in this chapter, or of the amendments thereto that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.

D.

No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yard, side yards, rear yard, height of structures, basic floor area, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located.

E.

The nonconforming use of a structure or site shall not be changed to another nonconforming use. F.

No use which fails to meet the required conditions for the district in which it is located by reason of noise, emissions, odor, vibration, heat, cold, glare, electrical disturbance, radiation, insect nuisance, or waste disposal, shall be enlarged or extended or shall have equipment that results in failure to meet required conditions replaced unless the enlargement, extension or replacement will result in elimination of nonconformity with required conditions.

(Prior code § 2-10.34; Ord. 2194 § 2, 2019)

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of 90 days or more, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located; provided, that this section shall not apply to nonconforming dwelling units. Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use. This 90-day provision shall not apply to a tenant where an exception to the active ground-floor use overlay within the downtown specific plan area has been granted, and therefore once the use for which the exception was granted is abandoned or discontinued, a new use shall meet the requirements of the active ground-floor use overlay, unless another exception is granted.

(Prior code § 2-10.35; Ord. 2194 § 2, 2019)

A.

Whenever a structure or sign which does not comply with the standards for front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located, or in the case of signs, with any of the requirements of Chapter 18.96 of this title, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion.

B.

Whenever a structure which does not comply with the standards for front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in any regulations for the district in which it is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to an extent greater than 50 percent, or is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.

C.

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the community development director. (Prior code § 2-10.36; Ord. 2000 § 1, 2009)

Nonconforming uses, structures and signs listed in Table 18.120.060 shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time after they become nonconforming.

(Prior code § 2-10.37; Ord. 1238 § 2, 1985; Ord. 1626 § 1, 1994)

Whenever a use, structure or sign becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which it is located, the period of time prescribed in this chapter for the elimination of the use or the removal of the structure or sign shall be computed from the effective date of the change of district boundaries or regulations. (Prior code § 2-10.38) The zoning administrator shall determine the existence of nonconforming uses listed in Section 18.120.060 of this chapter, and shall promptly notify the owner of each nonconforming use, structure or sign by certified or

registered mail of the date by which compliance with the provisions of Section 18.120.060 will be required. Notification shall precede the date by which elimination is required by not less than the periods prescribed in Section 18.120.060.

(Prior code § 2-10.39)

Chapter 18.124 CONDITIONAL USES (§ 18.124.010 – § 18.124.420)