Chapter 18.84 SPECIAL LAND USE REGULATIONS APPLICABLE TO SPECIFIC USES

A. Timing. A nonresidential accessory structure may not be established or constructed before the start of construction of the principal structure on a site. A construction or real estate sales construction trailer is permitted on a site at the time the site clearance and grading begins.

B. Location – General. An accessory structure, other than an accessory dwelling unit, may occupy any portion of the lot where a main building is permitted. Except as provided in this subsection, a nonresidential accessory structure may not occupy a required yard or, other than a garage or carport, be placed beyond the front building line of a main structure on a site.

C. Rear Yard, Placement and Height. A nonresidential accessory structure may be located within a required rear yard providing the maximum height does not exceed 10 feet; however, no portion of a roof having a pitch of 3:12 or greater may exceed 12 feet.

D. Size. The total gross floor area of all accessory structures more than four feet in height may not exceed 800 square feet or six percent of the lot area, whichever is more. The gross floor area is included in computing lot coverage.

E. Distance Between Structures. An accessory structure must be at least five feet from the wall of a main building.

F. Equipment Shed. A structure housing equipment may be placed in a required side or rear yard where an accessory building is not permitted under the following provisions:

1. There is a solid fence between the structure and the adjoining property;

2. The structure does not exceed the height of the fence or six and one-half feet, whichever is less;

3. There is a clear passageway not less than three feet in width either between the structure and an adjacent structure or between the structure and the adjacent fence; and

4. The total surface area of all such structures does not exceed 50 square feet. [Ord. 05-1257 § 4, 2005; Ord. 979 § 2 (Exh. A), 1990.]

18.84.010 In C, I, OS and GQ districts.

An accessory structure must comply with all regulations applicable to the main building on a site. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.015 In PD district.

Unless specified in the adopted PD or specific plan for a PD district, an accessory structure must comply with the required regulations of the base district most similar to the related land use, as determined by the zoning administrator. [Ord. 979 § 2 (Exh. A), 1990.]

Article II. Amateur Radio Antenna Systems

18.84.020 General.

A. This article regulates the installation of amateur radio antenna systems in all zoning districts within the city.

B. This article applies to every antenna system mounted on a building or other permanent fixture and to every ground-mounted antenna system.

C. This article does not apply to an antenna system established as emergency communication system for publicly owned facility.

D. This article does not authorize the installation of an amateur radio system on property for which the installation of such antenna system is restricted by private agreement including but not limited to deed, lease, restriction, covenant and condition, or by-laws of a private association. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.025 Legislative findings and declaration.

The city council finds that amateur radio facilities provide a voluntary, noncommercial communications service of particular value to the community in providing emergency communications. The city council further finds that the installation of amateur radio antenna systems, unless regulated, can adversely affect the safety and aesthetic values of agricultural, residential, commercial and industrial areas. The intent of this chapter is to regulate the installation of amateur radio antenna systems in order to ensure maximum safety to the public and adjacent property owners, to minimize visual impacts of the antenna systems on public rights-of-way and adjacent properties, and to accommodate the reasonable requirements of amateur radio operators within the city. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.030 Standards for all radio antenna systems.

Every amateur radio antenna system installed in the city must comply with the following requirements and standards:

A. The property owner must file an application for a building permit for the antenna system in a form and manner prescribed by the building division. The application must include:

1. A plot plan showing the location of the antenna system, property and setback lines and all structures existing on the property;

2. The manufacturer’s specifications, if any, for the antenna system and the details of footings, guys and braces proposed for the antenna support structure; and

3. A set of engineered plans for the antenna system with the original signature of a certified engineer. The building official will determine whether or not plans are required. The plans must comply with the manufacturer’s specifications and with any other safety standards established by the building division.

The applicant must pay the required building permit fee.

B. An antenna system may not have a highly reflective surface. Its colors must be subdued.

C. No more than one antenna support structure is allowed on a parcel. This limitation includes a satellite antenna and microwave equipment regulated under PMC 18.84.600 through 18.84.640.

D. A ground-mounted antenna system may be erected only in a rear yard or interior side yard. No portion of an antenna system may extend into a front yard or street side yard. Guy wires may not be anchored within any front yard area or street side yard. Guy wires may be attached to a building on the property.

E. A setback of at least 20 percent of the height of the antenna system support structure is required between the property lines and any portion of the support structure. In addition, no portion of an antenna system may extend into any other setback required by this code nor be closer than five feet from any property line.

F. An antenna system must be maintained with no structural defects or visible damage.

G. A ground-mounted antenna system must be surrounded by a security barrier contiguous to the support structure and sufficient to prevent an unauthorized person from climbing the antenna support structure.

H. An antenna system whose antenna height exceeds 35 feet must have a collapsible antenna support structure such that when collapsed, the antenna system does not exceed 35 feet in height. When not in use, a collapsible antenna system must be collapsed to a height not exceeding 35 feet. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.035 Permit requirement.

A. In addition to the requirements of this section, a ground-mounted antenna system may not be erected without a use permit from the planning commission.

B. An application for a use permit must be made on a form prescribed by the planning director and be accompanied by the following:

1. An approved application for a building permit required by PMC 18.84.030(A);

2. A site plan showing adjacent properties and proposed screening structures or landscaping; and

3. A fee in the amount established by city council resolution.

C. To grant a use permit, the planning commission must determine that the antenna system as proposed meets the standards required under PMC 18.84.030 and may also impose conditions that:

1. Fix the location of the antenna system on the parcel;

2. Limit the maximum height of the antenna;

3. Require landscaping or other screening to minimize the visual impact of the antenna system on surrounding properties and public rights-of-way; and

4. The planning commission consider necessary or appropriate to enable it to make the findings required by subsection (D) of this section.

D. In granting the use permit, the planning commission must first find that the establishment of the antenna system as condition by the use permit:

1. Will not be detrimental to the health and safety of persons residing and working in the neighborhood;

2. Will not be detrimental to property or improvements in the neighborhood;

3. Will have a minimum visual impact on the surrounding neighborhood and public rights-of-way; and

4. Will reasonably accommodate the needs of amateur radio communications.

E. The decision of the planning commission may be appealed to the city council by the applicant or other affected person.

F. Approval of a use permit for a radio antenna system expires six months after the effective date of approval unless the antenna system is placed or construction is underway and diligently pursued before the expiration of the six-month period. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.040 Special exception to use permit requirement.

A. This chapter is enacted based upon existing technology and the prevailing form and mass of radio antenna systems. The city council recognizes that modern technology has the capability of changing rapidly and that radio antenna systems may be devised or developed which provide the same capabilities but comprise a form and mass which do not have the same physical characteristics or visual qualities as those existing. The purpose of this section is to provide an administrative procedure which balances the interests of amateur radio operators with those of surrounding property owners in the face of radio antenna systems which have visual qualities different from those contemplated or which prevailed at the time the chapter is adopted.

B. A person seeking approval to install an antenna system may request an exception from the use permit requirement of PMC 18.84.030 by complying with the following requirements:

1. File the application required by PMC 18.84.035;

2. Submit a statement justifying an exception from the use permit requirement of PMC 18.84.030 by showing that the form and mass of the proposed antenna system is such that it meets the findings set forth in PMC 18.84.030(D) without the need of having to comply with specially imposed conditions;

3. Submit a supportive petition or consent form from property owners in the surrounding affected area.

C. The planning director may either grant or deny the special exception or grant it with conditions. If the planning director determines that the request may be controversial or is in doubt as to whether it qualifies for treatment as a special exception he may refer it to the planning commission for decision.

D. The planning commission either grants or denies the special exception or grants it with conditions. A person affected by the decision may appeal it to the city council. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.045 Enforcement.

A. A person who violates this chapter is guilty of an infraction and shall be punished as provided in PMC 18.90.060.

B. A radio antenna system placed or maintained contrary to this article is a public nuisance.

C. A radio antenna system placed or maintained contrary to this article may be abated as follows:

1. A radio antenna system which does not meet the requirements of PMC 18.84.030, or the conditions of a use permit issued under PMC 18.84.035 or the conditions of an exception issued under PMC 18.84.040, or which imperils the safety of people or property is subject to removal by the owner or, upon the owner’s failure to remove, by the city.

2. A radio antenna system may be abated and the expense of abatement will be a lien against the property and a personal obligation against the property owner. The abatement procedure is that set forth in Chapter 1.24 PMC.

D. Each radio antenna system is subject to reinspection by the city. No addition, change, or modification may be made to a radio antenna system unless the addition, change or modification is in conformity with the building permit, PMC 18.84.035 and the restrictions of the use permit. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.050 Existing radio antenna systems.

A. This article does not affect an existing radio antenna system utilized by an amateur radio operator, which has been constructed and is in place at the time of adoption of the ordinance codified in this article. However, the owner of the existing radio antenna system whose system has not previously been approved by the building division must submit to the building division, within one year of the date of adoption of this article, an application for a building permit as required by PMC 18.84.030(A). No fee is required for a building permit for an existing radio antenna system.

B. An existing radio antenna system which is moved or whose antenna height is increased is no longer nonconforming and is subject to the requirements of this article. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.055 Nonexclusive regulation.

This article supplements and is in addition to other regulatory codes, statutes, and ordinances. [Ord. 979 § 2 (Exh. A), 1990.]

Article III. Reserved

Article IV. Fences and Walls

18.84.200 General.

Fences and walls are permitted in every R district and are required for specific uses as provided in this article. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.205 Fence and wall heights.

A. Measurement of Height. The height of a fence or wall used as a fence is measured from the point at which the fence posts or wall pilasters intersect the ground. Where a fence is built on top of a retaining wall, the fence height is measured from the highest adjacent grade.

B. R District – Maximum Height within a Required Yard.

1. Side and rear: six feet.

2. Front and corner side of a reverse corner lot: four and one-half feet; provided, that the portion above three feet in height must have generally uniformly spaced interstices to allow 66 and two-thirds percent open area between the fence material.

3. Front yard of a key lot: four and one-half feet; provided, that the portion of three feet in height must have generally uniformly spaced interstices to allow 66 and two-thirds percent open area between the fence material. Fence height may be increased to six feet, only on the property line shared by the key lot and adjoining reverse corner lot, and only between the rear of the required front yard and the point along the property line that is as far away from the front lot line as the width of the required corner side yard of the adjoining key lot.

4. Corner side: six feet, except for the portion of the lot within three feet of the edge of the sidewalk, or three feet from the curb or pavement if there is no sidewalk, in which the maximum height is four and one-half feet; provided, that the portion above three feet in height must have generally uniformly spaced interstices to allow 66 and two-thirds percent open area between the fence material.

5. Corner side sight visibility triangle: four and one-half feet; provided, that the portion above three feet in height must have generally uniformly spaced interstices to allow 66 and two-thirds percent open area between the fence material within a triangle formed by the intersecting street lines and a line joining points on these street lines at a distance of 30 feet from the intersection of these lines.

C. C and I Districts.

1. C district maximum height: eight feet;

2. I district maximum height: eight feet if adjacent to an R or C district; 12 feet in any other area;

3. Front and corner side yard: the maximum height permitted within a required front or corner side yard is three feet.

D. Nonresidential Use Adjacent to R District. An eight-foot-high solid masonry or concrete wall or a wall designed to attenuate the CNEL to the maximum level allowed in the general plan for the proposed land use must adjoin the property line of the site of a new nonresidential use abutting an R district. However, no wall is required where the portion of the site within 10 feet of the front property line is occupied by a planting area.

E. Recreation and Public Facilities. The maximum height of a fence that encloses a schoolground, public playground, tennis, basketball or volleyball court, public, community, or commercial swimming pool, public facility or utility is 14 feet.

F. Exceptions to Height Regulations. The fence height standards as required in this section may be increased or limited under the following provisions:

1. Environmental Mitigation. The height of a fence may be established upon acceptance by the planning commission of the mitigation measures of an environmental impact report in order to mitigate adverse noise or visual impacts.

2. Zoning Administrator Approval or Use Permit. The maximum fence height standards may be increased or the required fence criteria may be reduced or modified by the issuance of a zoning administrator approval under Chapter 18.32 PMC or in conjunction with the issuance of a use permit for a proposed use. Such a permit may be issued under the following provisions:

a. Fence height requirements may be exceeded, reduced, or modified without specific findings of hardship or unusual circumstances when reviewed and adequately controlled to assure that the area will assume or retain the characteristics intended by zoning.

b. Findings must be made that the installation or construction of a fence or wall, under the conditions of the particular case, will not infringe upon the light, air circulation or visual openness of surrounding properties; detract, impair or destroy the characteristics of the established area; nor be detrimental to the health, safety or welfare of persons residing or working in or adjacent to the area or neighborhood of such structure.

c. In approving the permit, the planning commission or zoning administrator may impose such conditions deemed necessary to protect the best interests of the surrounding area or neighborhood, in line with the standards prescribed in this section and with the general plan. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 05-1257 § 4, 2005; Ord. 1055 (Exh. A), 1992; Ord. 979 § 2 (Exh. A), 1990.]

18.84.210 Building permit required.

A building permit is required for any fence over six feet in height. A retaining wall over three feet in height or supporting a surcharge or impounding Class I, II, or III-A liquids requires a building permit, including plans and calculations stamped and signed by a registered structural or civil engineer. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.215 Encroachment permit required.

An encroachment permit is required for a fence or wall used as a fence that is constructed within a utility easement or public right-of-way. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.220 Electric fence.

Electrically charged fencing is not permitted. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.225 Barbed wire fence.

Barbed or razor wire fencing is not permitted within a CN, CO or R district, unless specifically allowed in conjunction with a use permit for a proposed use. Barbed or razor wire fencing within any other zone must be a minimum of six feet above grade except within an OS district. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.230 Visibility.

Every fence, wall, and hedge is subject to the driveway visibility requirements of PMC 18.78.050(C). [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.235 Construction and maintenance.

Every fence and wall must be constructed in a sound and workmanlike fashion using new or good used material, and be maintained erect and in a state of good repair. A dilapidated, dangerous, or unsightly fence or wall must be repaired, replaced, or removed, as the situation may warrant. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Article V. Game Centers

18.84.240 Application.

The regulations in this article apply to the operation of a game center, including mechanical or electronic games or other similar machine or device when maintaining four or more such devices. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.245 Purpose.

The intent of these regulations is to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours nor to encourage minors to congregate in areas close to commercial establishments that sell alcoholic beverages. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.250 Use permit requirement.

In addition to the requirements of this article, a game center or the establishment of four or more devices as part of another use may not be established without a use permit. The permit is valid only for the number of games specified. The installation or use of additional games requires a new or amended permit. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.255 Adult manager.

At least one manager 21 years of age or older must be on the premises during the time a game center is open to the public. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.260 Hours of operation for minors.

A game center owner, manager or employee may not allow a minor under 18 years of age to play a mechanical or electronic game machine during the hours the Pittsburg public schools are in session, or after 9:00 p.m. on nights preceding school days, or after 10:00 p.m. on any night. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.265 Location criteria.

A game center is not permitted within 500 feet of a school site or within 800 feet of a liquor store or tavern. The distance is measured in a straight line from the game center to the property line of the school site or the building line of the liquor store or tavern, as the case may be. [Ord. 979 § 2 (Exh. A), 1990.]

Article VI. Hazardous Materials

18.84.270 Purpose.

The regulations in this article are intended to ensure that the use, handling, storage and transport of hazardous materials and substances comply with the requirements of the California Health and Safety Code and that the city is notified of emergency response plans, unauthorized releases of hazardous materials and hazardous substances, and any substantial changes in facilities or operations that could affect the public health, safety or welfare. It is the intent of these regulations to require reporting of information to the city that must be provided to other public agencies. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 1026 § 2, 1991; Ord. 979 § 2 (Exh. A), 1990.]

18.84.275 Definitions.

In this article:

A. “Hazardous material” is any material that, because of its quantity, concentration, or physical or chemical characteristics poses a significant hazard to human health and safety or to the environment if released into the workplace or the environment. “Hazardous material” includes without limitation a hazardous substance (as defined in Health and Safety Code Section 25501(p)), hazardous waste and any material which a handler or the city has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. (Health and Safety Code Section 25501(o).)

B. “Hazardous substance” is every substance on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services under Health and Safety Code Section 25282. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 1026 § 2, 1991; Ord. 979 § 2 (Exh. A), 1990.]

18.84.280 Permit required.

A. A use permit is required for each new commercial or institutional use, accessory use, or major addition or alteration of such an existing use that involves the manufacture, storage, handling, transport or processing of a hazardous material or hazardous substance in sufficient quantity that would require a permit under the Uniform Fire Code adopted by the city, with the following exceptions:

1. Underground storage of bulk flammable and combustible liquids is permitted, subject to PMC 18.84.290; and

2. A hazardous substance in container sizes of 10 gallons or less stored or maintained for the purposes of retail or wholesale sales is exempt from these regulations.

B. A use permit is required for a new industrial use that will have an engineered design capacity to manage more than 12,500 tons per year of hazardous material. A new industrial use may require a use permit under other provisions of this title regardless of capacity.

C. A use permit is required for an alteration or addition to an existing industrial use that involves either (1) an increase of 25 percent or more in the amount of hazardous material managed, or (2) an increase of 12,500 tons or more per year in the amount of hazardous material managed, in the part of the facility to be physically modified.

D. The city planner or the planning commission may request information on the procedure to be used to process, transport and store a hazardous material or hazardous substance in a safe manner before approval of a use permit. An application for a use permit under this section shall contain a copy of a hazardous materials management plan submitted to any other regulatory agency or local authority.

E. As an aid to determining which businesses are within the scope of this section, planning agency staff may refer to the list prepared and maintained by Contra Costa County which identifies categories of businesses that commonly use hazardous materials.

F. Additional requirements concerning hazardous waste facilities are contained in Article 12 of this chapter. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 1026 § 2, 1991; Ord. 979 § 2 (Exh. A), 1990.]

18.84.285 Hazardous materials release response plan.

Every business located in the city and required by Health and Safety Code Chapter 6.95 to prepare a hazardous materials release response plan must submit a copy of the plan to the fire district at the same time the plan is submitted to the public agency administering these provisions of the Health and Safety Code. This submittal requirement is a condition of approval of a zoning permit for:

A. New development where space may be occupied by such a business; or

B. An alteration or addition to an existing building or structure occupied by a business subject to these provisions of the Health and Safety Code. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 1026 § 2, 1991; Ord. 979 § 2 (Exh. A), 1990.]

18.84.290 Underground storage tanks.

A. The underground storage of a hazardous substance must comply with all requirements of Health and Safety Code Chapter 6.7 and Uniform Fire Code Section 79.1113(a). A business located in the city that uses an underground storage tank must:

1. Notify the fire chief of any unauthorized release of a hazardous substance from an underground storage tank within eight hours after the release has been detected and the steps taken to control the release; and

2. Notify the fire chief of the proposed abandoning, closing or ceasing operation of an underground storage tank and the action to be taken to dispose of a hazardous substance.

B. These notification requirements are a condition of approval of a zoning permit for:

1. New development that involves installation of an underground tank; or

2. An alteration or addition to an existing building or structure on a site where an underground storage tank exists. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 1026 § 2, 1991; Ord. 979 § 2 (Exh. A), 1990.]

18.84.295 Aboveground storage tanks.

An aboveground storage tank for flammable liquid is allowed only in a C, I or GQ district and only with the approval of the fire chief. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 1026 § 2, 1991; Ord. 979 § 2 (Exh. A), 1990.]

18.84.297 Disposal of household hazardous wastes.

A person may not dispose of any household hazardous waste, such as paint or paint products, waste oil or lubricants, or lead-acid batteries except in a facility authorized to receive household hazardous waste. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 1026 § 2, 1991; Ord. 979 § 2 (Exh. A), 1990.]

Article VII. Landscaping, Irrigation and Hydroseeding

Prior legislation: Ords. 979 and 1064.

18.84.300 General requirements.

Minimum site landscaping and required planting areas must be installed in accordance with the standards and requirements of this article. This article was adopted after consideration of the model ordinance promulgated under the Water Conservation in Landscaping Act (Government Code Section 65591 et seq). [Ord. 10-1341 § 3 (Exh. A), 2010.]

18.84.303 Definitions.

For purposes of this article, the following terms shall have the following meanings:

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

“Certified irrigation system auditor” shall mean a person certified by the United States Environmental Protection Agency’s WaterSense irrigation partners program.

“Estimated total water use” shall mean the estimated total water used for the landscape. The estimated total water use (ETWU) shall be calculated using the equation

ETWU = (45.4) x (0.62)[(PF x HA/IE) + SLA]

where 45.4 represents the annual evapotranspiration rate for the city; 0.62 represents the conversion factor from inches per year to gallons per year; PF is the plant factor from WUCOLS; HA is the area, in square feet, within a specific hydrozone on a site; IE is the irrigation efficiency, which shall be no less than 0.71; and SLA is the area, in square feet, of all special landscape areas on a site.

“Evapotranspiration” means the combination of water transpired from plants and evaporated from the soil and plant surfaces.

“Hydrozone” shall mean an area in a landscape with similar sun exposure, irrigation precipitation rate, soil conditions, slope, and plant material with similar water needs as indicated in WUCOLS.

“Maximum applied water allowance” shall mean the upper limit of annual applied water for the established landscaped area. The maximum applied water allowance (MAWA) shall be calculated using the equation

MAWA = (45.4) x (0.62)[(0.7 x LA) + (0.3 x SLA)]

where 45.4 represents the annual evapotranspiration rate for the city; 0.62 represents the conversion factor from inches per year to gallons per year; LA is the area, in square feet, of all landscaping on a site; and SLA is the area, in square feet, of all special landscape areas on a site.

“Plant factor” is a factor that, when multiplied by the evapotranspiration rate, estimates the amount of water needed by plants, as specified on WUCOLS.

“Special landscape area” shall mean an area of the landscape dedicated solely to edible plants, such as vegetable gardens or orchards; areas irrigated with recycled water; water features using recycled water; cemeteries; and areas dedicated to active play, such as parks, sports fields, golf courses, and where turf provides a playing surface.

“Turf” means a groundcover surface of mowed grass. Kentucky bluegrass, perennial ryegrass, red fescue and tall fescue are examples of cool-season grasses. Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass and buffalo grass are examples of warm-season grasses.

“Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas and swimming pools, where water is artificially supplied.

“WUCOLS” shall mean the Water Use Classification Landscape Species, published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000. [Ord. 10-1341 § 3 (Exh. A), 2010.]

18.84.305 Applicability.

This article applies to each project for which zoning approval is required.

A. Single-Parcel Development in Single-Family Residential Land Use Districts. An applicant for zoning approval of a project that includes the creation or rehabilitation of 5,000 or more square feet of landscaping on a single lot located in a single-family residential land use district shall be subject to the requirements of this article, with the exception of PMC 18.84.323.

B. Multiple-Parcel Development in Single-Family Residential Land Use Districts. An applicant for zoning approval of a project that includes the creation or rehabilitation of 2,500 or more square feet of landscaping across two or more lots located in a single-family residential land use district shall be subject to all of the requirements of this article. In order to prevent evasion of the provisions of this article, contemporaneous construction of two or more dwelling units on two or more lots for which there is evidence of common ownership or control, even though not covered by the same zoning approval, shall be subject to all of the regulations of this article.

C. Land Use Districts Other Than Single-Family Residential. An applicant for zoning approval of a project that includes the creation or rehabilitation of 2,500 or more square feet of landscaping on one or more lots shall be subject to all of the requirements of this article.

D. Existing Landscaped Areas. Existing landscaped areas shall be subject to the provisions specified in PMC 18.84.325, Provisions for existing landscaping, and 18.84.330, Public education.

E. Exemptions. The provisions of this article shall not apply to:

1. Landscaped areas that are only temporarily irrigated for establishment purposes, and landscapes that are not irrigated with a permanent irrigation system;

2. Registered local, state or federal historical sites, as determined by the historic resources commission or city council; or

3. Community gardens, botanical gardens and arboretums open to the public. [Ord. 10-1341 § 3 (Exh. A), 2010.]

18.84.308 Landscape project application submittal.

A. Application Submittal Requirements. An applicant requesting zoning approval for any project that is subject to this article shall submit a landscape project application package prior to commencement of grading or construction. The landscape project application package shall include:

1. A project information sheet, on a form prepared by the city planner, identifying the applicant name and description of the project, including location, type of development, source of irrigation water, total landscape area, and area of landscape to be rehabilitated;

2. A landscape plan prepared in accordance with the provisions of PMC 18.84.318;

3. Water allowance worksheets, with calculations of the maximum applied water allowance and estimated total water use of the proposed landscape plan;

4. A soil management report prepared in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. The soil analysis may address soil texture, infiltration rate determined by laboratory test or soil texture infiltration rate table; acidity (pH) level; total soluble salts; sodium; percent organic matter; and recommendations; and shall be considered in the design of the landscape and irrigation plans;

5. A maintenance schedule, prepared consistent with the provisions of PMC 18.84.323; and

6. Certification, on a form prepared by the city planner and signed by the landscape architect or designer, that the landscaping and irrigation system were designed in compliance with the landscaping and irrigation design requirements of this article.

B. Waiver for Low and Moderate Water Use Landscapes. The city planner may waive the requirement for submittal of the water allowance worksheets and soil management report required by this section; provided, that the landscape plan:

1. Does not include any water features with more than 100 square feet of total surface area; and

2. Does not include any turf or other plants identified as high water use in WUCOLS, unless they qualify as special landscape area.

C. Preliminary Landscape Plan. An applicant requesting design review approval shall submit, at a minimum, a preliminary landscape plan with the design review application; however, the applicant must submit all components of the landscape project application required under this section concurrently with the application for building permit or grading permit for the project.

D. City Planner Review. The city planner shall review each landscape project application for compliance with the provisions of this article and may withhold issuance of zoning approval for a building permit or grading permit for which its corresponding landscape project application:

1. Indicates an estimated total water use that exceeds the maximum applied water allowance for a proposed landscape; or

2. Does not otherwise comply with this article. [Ord. 10-1341 § 3 (Exh. A), 2010.]

18.84.310 Water-efficient landscape standards.

The proposed landscape design shall incorporate the most recent acceptable best management practices for water-efficient landscape design and shall comply with the following standards:

A. Plant Selection. The planting selection and layout shall comply with the following standards:

1. Plant material shall be selected for energy efficiency and drought tolerance, and adaptability and relationship to the city’s climatic, soil, geological and topographical conditions;

2. Plants shall be spaced appropriately based on their expected mature spread and so that, at maturity, they do not block any sprinkler;

3. Turf shall not be planted on slopes steeper than 25 percent, and shall not be planted in any median or other planting strip that is narrower than eight feet wide;

4. The proposed landscape shall be designed so that plants of similar water usage are grouped into distinct hydrozones, each of which is irrigated separately by one or more irrigation valves.

B. Irrigation System. The irrigation system plan shall:

1. Include smart irrigation controllers that utilize daily weather information, evapotranspiration data or soil moisture sensor data, along with other site information, to adjust the irrigation schedule on a daily basis;

2. Specify technology and practices to prevent runoff, low head drainage, overspray, or other water waste;

3. Specify drip or other subsurface irrigation system in lieu of overhead irrigation within 12 inches of any nonpermeable surface; within any planting area that is narrower than eight feet in any dimension; or in any location where the geometry of the planting area does not conform to the spray pattern of the overhead sprinkler and would result in overspray onto the adjacent pavement;

4. Specify sprinkler heads and other emission devices that have matched precipitation rates within each irrigation zone. No irrigation zone shall specify a precipitation rate greater than 1.2 inches per hour. On slopes steeper than 25 percent, the specified precipitation rate shall not exceed 0.75 inches per hour;

5. Specify irrigation controls so that the dynamic water pressure at the sprinkler head or other emission device is within manufacturer’s recommended optimal operating range;

6. Specify a manual shut-off valve for each point of connection and specify that each shut-off valve be identified on the controller map;

7. Include a controller map and programming table, and specify that the map and table be stored in the controller cabinet. The controller map shall visually differentiate each controller zone. For each irrigation valve, the controller programming table shall list the water requirement (high, medium, low or very low), the sun exposure, irrigation emission device type, infiltration rate, square foot area, and degree of slope. Each irrigation valve shall control irrigation to only one district hydrozone;

8. Specify a separate irrigation valve and hydrozone for the top of a slope and the bottom of a slope; and

9. Identify use of recycled water for nonedible landscaping, if recycled water is available to the project site, and subject to the required permits and regulations of any applicable agency. In lieu of a plan for use of recycled water for irrigation, the applicant may file a written request for exemption to this subsection (B)(9), which request shall explain the infeasibility of the use of recycled water and shall be subject to approval by the city planner prior to issuance of zoning approval.

C. Water Features. All water features used in the landscape design shall have recirculating water systems, and fountains shall be designed so that no wind drift or overspray occurs.

D. Grading and Soil Preparation. The landscape design shall:

1. Comply with the applicable stormwater control requirements of the National Pollutant Discharge Elimination System permit, intended to implement stormwater best management practices into the planting, irrigation and grading plans to minimize runoff and increase on-site retention and infiltration;

2. Include soil amendments as necessary to improve or maintain the infiltration rate of landscape soils typical of their soil texture and to minimize soil erosion;

3. Be designed to avoid drainage onto nonpermeable hardscapes within the property lines and to prevent runoff of all irrigation outside of property lines;

4. Specify soil amendments, if appropriate for the selected plants; and

5. Specify a minimum two-inch layer of mulch to be applied on all exposed soil surfaces of planting areas. Nonporous material shall not be placed under the mulch. Shredded bark or similar mulches shall be specified in bioretention areas so that they will stay in place during rain events. The city planner may waive this requirement for those portions of the landscaped area for which the applicant has provided sufficient evidence that there is a horticultural reason not to use mulch. [Ord. 10-1341 § 3 (Exh. A), 2010.]

18.84.315 Additional landscape design standards.

In addition to the water-efficient landscape standards specified in PMC 18.84.310, the landscaped area shall comply with the following additional design standards:

A. Plant material shall be selected for energy efficiency; color, form and pattern; solar access and allowances for solar heat gain of buildings in winter and shading of buildings in summer; reduction of the heat island effect, particularly in parking lots and on roadways; soil retention; and fire resistance. The overall landscape plan must be integrated into all elements of the project, including but not limited to buildings, structures, parking lots and streets, so as to achieve a desirable microclimate and to minimize energy demands.

B. Plants shall be selected and spaced so that, at maturity, they do not interfere with visibility of vehicular, bicycle or pedestrian traffic; do not conflict with overhead utility lines, overhead lights or walkway lights; and do not block or interfere with pedestrian or bicycle rights-of-way.

C. Any proposed landscape area shall be a minimum of three feet wide, excluding curbs or other hardscape. This subsection shall not apply to window or wall planter boxes attached to a building.

D. Plant material shall be sized and spaced to achieve immediate effect and, in general, shall not be less than a 15-gallon container for trees, a five-gallon container for specimen shrubs and a one-gallon container for mass planting.

E. Where shrub groupings without plant groundcover are used, such shrub groupings shall be spaced so that, at maturity, they cover at least 90 percent of the landscaped area in which they are placed.

F. The use of crushed rock or gravel for large area coverage shall be avoided, except for walkways.

G. The end of each row of parking stalls in a parking lot must be separated from an aisle or driveway by either a landscaped planter or sidewalk/planter combination. A concrete curb must separate the landscaped area from the parking area, and minimum 12-inch wide concrete landings shall be installed behind the curb, for the length of the parking stall, for each segment of curbing that separates a parking stall from a landscaped planter.

H. A minimum of one tree for each six parking spaces in a surface parking lot must be distributed throughout the parking lot and shall be spaced so that, at maturity, the trees provide shade to no less than 35 percent of the paved area of the parking lot at midday. Where an applicant proposes to provide arbors with climbing vines, carports with vegetated roofs, carports with roofs with high solar reflectivity, or carports equipped with roof-mounted photovoltaic panels in the design of a surface parking lot, the planning commission, zoning administrator or city planner, as appropriate, may allow a reduction in the percentage of shade tree cover provided in a parking lot; provided, that the arbors, carports and trees in combination provide midday shade to no less than 35 percent of the paved area of the parking lot.

I. Where a vehicle will extend over landscaping, the required planting area (including the curb) must be increased two feet in depth by decreasing the length of the parking stall by two feet. Where a vehicle will overhang into both sides of an interior landscaped strip or well, the minimum inside curb-to-curb interior planter dimension may not be less than seven feet. No trees or shrubs may be installed within the two-foot overhang area, although low-growing plants or groundcover may be used.

J. A parking lot shall be separated from a front or corner side property line by a landscaped required yard as prescribed for the applicable base district. Where there is no required front or corner side yard specified for a base district, or where a parking lot is proposed to be placed next to an interior side or rear property line, the parking lot shall be separated from the respective lot line by a landscaped area no less than five feet in width.

K. When planting by hydroseeding is proposed to be utilized for permanent landscape treatment or for natural area restoration, the hydroseeding plan shall contain installation specifications including, but not limited to, fertilizer, mulch materials, soil amendments, soil preparation, watering specifications, native seed mix containing a minimum of 10 percent shrub and perennial seeds, and seed mix application rate.

L. Landscaping and irrigation proposed to be maintained by the city following installation shall be designed in accordance with the equipment selections and landscape installation standards specified in the city’s standard details. [Ord. 10-1341 § 3 (Exh. A), 2010.]

18.84.318 Landscape plan requirements.

The landscape plan shall demonstrate that all of the water-efficient landscape standards (PMC 18.84.310) and the additional landscape standards (PMC 18.84.315) have been met.

A. The planting plan shall identify special landscape areas, shall identify plants by their common and botanical names, and shall identify the type and surface area of all water features proposed to be incorporated into the landscaped area.

B. At a minimum, the irrigation plan shall identify:

1. The location and size of the landscape irrigation water meter;

2. The location, type and size of all components of the irrigation system, including, but not limited to, controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;

3. The static water pressure at the point of connection to the public water supply; and

4. The flow rate, in gallons per minute; the application rate, in inches per hour; and the design operating pressure, in pressure per square inch, for each station.

C. Landscape plans shall include details and specifications reflecting the most recent acceptable best management practices for water-efficient landscape design. [Ord. 10-1341 § 3 (Exh. A), 2010.]

18.84.320 Certifications of landscape installation.

Prior to final permit inspection or issuance of a certificate of occupancy, as applicable, for the project, the applicant shall submit completed certificates of compliance, on forms prepared by the city planner, that the landscape has been installed in accordance with the approved landscape plan application and the requirements of this article.

A. Landscape Installation. Upon completion of the landscape installation, the landscape contractor or installer shall inspect the landscaped area and notify the applicant of any deficiencies or areas of noncompliance with the approved plans or the requirements of this article. The landscape contractor or installer, the applicant, or the applicant’s designee shall correct any areas of noncompliance, and a follow-up inspection shall be conducted by the contractor or installer. Upon verifying that the installed landscape complies with the approved landscape plans and the requirements of this article, the landscape contractor or installer shall complete a certificate of compliance verifying that the planting and irrigation systems have been installed in accordance with the approved landscape plan.

B. Landscape Water Audit. Within 30 days of the start of the landscape maintenance period or upon completion of the landscape installation, a certified irrigation system auditor shall conduct an audit of the installed landscape irrigation system. The irrigation system auditor shall inform the applicant of those areas where the installed irrigation system does not comply with the approved landscape plans or the requirements of this article. The applicant or the applicant’s designee shall correct any areas of noncompliance, and a follow-up audit shall be performed by the irrigation system auditor. Upon verifying that the installed irrigation system complies with the requirements of this article, the auditor shall complete a certificate of compliance for the irrigation system.

C. Landscape Maintenance. The landscape maintenance contractor, applicant or property owner shall complete a certificate of compliance for ongoing maintenance of the site, and in so doing shall agree to irrigate and maintain the landscaped areas on the site using no more water than the maximum applied water allowance. [Ord. 10-1341 § 3 (Exh. A), 2010.]

18.84.323 Landscape and irrigation maintenance schedule.

The landscape designer or installer shall develop for the landscaped area an annual landscape maintenance schedule for the project that is consistent with the most recent acceptable best management practices for landscape maintenance. Schedules shall be submitted with the certificates of compliance required pursuant to PMC 18.84.320 and shall specify, at a minimum:

A. Routine inspection of the landscaped area and replacement of plant materials as needed to preserve the health and appearance of the landscaped area;

B. Adjustment and repair of the irrigation system and its components with originally installed components or their equivalents;

C. Aerating turf areas;

D. Replenishing mulch;

E. Seasonal pruning;

F. Weeding in all landscaped areas; and

G. Removing obstructions to irrigation emission or exhaust devices. [Ord. 10-1341 § 3 (Exh. A), 2010.]

18.84.325 Provisions for existing landscaping.

This section shall apply to landscaped areas that were installed before January 20, 2011.

A. Each owner of property in the city shall ensure the efficient use of landscape water and may utilize resources and services, such as irrigation surveys and landscape water use analysis, that are offered by the local retail or wholesale water utility.

B. Each owner of property in the city shall prevent water waste resulting from inefficient landscape irrigation by limiting landscape irrigation to the hours between 8:00 p.m. and 10:00 a.m. and by prohibiting runoff from the target landscape areas due to excessive irrigation run times, low head drainage, overspray, or other similar conditions where water flows onto an adjacent property, sidewalk, roadway, parking lot or structure. [Ord. 10-1341 § 3 (Exh. A), 2010.]

18.84.330 Public education.

A. All new model homes for a single-family residential subdivision or phase of a subdivision shall have front and corner side yards that are landscaped in accordance with the provisions of this article. At least one of the model homes shall include interpretive or informational signage highlighting for visitors the water-efficient landscape principles incorporated into the site landscaping. The developer shall make available to visitors brochures or other written or graphic media that informs visitors and potential buyers about the principles of water-efficient landscapes, including but not limited to those principles that are described in this article.

B. The architectural guidelines of a common interest development, which include homeowner associations, community apartment projects, condominiums, planned developments, and stock cooperatives, shall not include conditions that have the effect of prohibiting the use of low water use plants as a group.

C. For new homes and commercial developments, the developer of the property shall be required to provide the irrigation controller map, programming table, and annual maintenance schedules to new tenants or owners upon transfer of ownership or maintenance responsibility. [Ord. 10-1341 § 3 (Exh. A), 2010.]

Article VIII. Litter Control for Take-Out Food Establishment

18.84.355 Findings and intent.

The proliferation of trash, litter and garbage in areas surrounding take-out food establishments is unsightly, unhealthy and has a negative effect on nearby property values. It is the intent of this article to impose upon the proprietors of such take-out food establishments, joint responsibility for the proper disposal of trash, litter and garbage originating from their business establishments. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.360 Definition of take-out food establishment.

“Take-out food establishment” includes any business selling perishable food or beverages in disposable containers or wrapping for consumption off the premises. It includes a fast food restaurant, but does not include food market or store selling food and beverages only in manufacturer pre-packaged and sealed containers or wrapping, or selling food which requires cooking or other preparation before consumption. For the purposes of this section, a business is considered a take-out food establishment even if the take-out food aspect of the business amounts to only a small portion of the business’ total income or sales activity. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.365 Litter control.

A. A take-out food establishment shall arrange for the pick up and proper disposal of trash, litter and garbage originating from it or deposited on public property within 400 feet of its premises at least three times each week.

B. After written notice from the planning director that a take-out food establishment has on three separate occasions failed to comply with subsection (A) of this section, the planning director may require:

1. The take-out food establishment to employ identifiable containers and napkins for all carry-out food; and

2. The proprietor of the take-out food establishment or the owner of the property on which the take-out food establishment exists to deposit cash, an irrevocable letter of credit or surety bond to ensure compliance with subsection (B) of this section. The amount of the security shall be sufficient to pay for the pick up and disposal of trash, litter and garbage for a period extending over six months. The security shall be in a form approved by the city attorney. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.370 Nuisance declaration.

Litter, trash or garbage identifiable as originating from a take-out establishment which exists on property within 400 feet of the boundary of the premises on which the establishment is located is declared to be a public nuisance. [Ord. 979 § 2 (Exh. A), 1990.]

Article IX. Mobile Homes and Manufactured Housing

18.84.375 Purpose.

Mobile homes and manufactured housing are part of the housing stock of the city. It is the intent of the city to provide opportunity for the placement of mobile homes and manufactured housing in R districts and in mobile home parks, and to ensure that they are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.380 General requirements for mobile houses and mobile home parks.

A. A mobile home may be used for residential purposes as follows:

1. If the mobile home is located in an approved mobile home park in conformity with the conditions imposed upon development and use of the mobile home park; or

2. If the mobile home is approved by the city planner for a location in an OS district or an I district as caretaker quarters.

B. Every mobile home park must have a minimum lot area of four acres and is allowed only through approval of a PD district under Chapter 18.62 PMC. A mobile home may be used for a temporary use, subject to the requirements of a temporary activity permit issued under PMC 18.28.050. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.385 Requirements for certificate of compatibility of manufactured housing.

A manufactured home may be located in any R district where a single-family dwelling is permitted subject to the same restrictions if the manufactured home receives a certificate of compatibility as part of the zoning approval prescribed by Chapter 18.32 PMC. The city planner shall issue a certificate of compatibility if the manufactured home meets the criteria set forth in this chapter. The certificate is valid for two years and may be renewed for subsequent periods of two years if the location and design criteria of this section are met. The location and design of a manufactured home must comply with the location criteria in PMC 18.84.390. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.390 Location criteria for manufactured housing.

A manufactured home is not allowed on a lot in a historic district. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.395 Design criteria for manufactured houses.

A manufactured home must be compatible in design and appearance with structures in the vicinity and meet the following standards:

A. Each manufactured home must be at least 16 feet wide;

B. It must be built on a permanent foundation pursuant to Section 1855 of the Health and Safety Code approved by the building official;

C. It must be certified under the National Manufactured Home Construction and Safety Act of 1974 (42 USC Section 5401 et seq.);

D. The unit’s skirting must extend to the permanent foundation;

E. Exterior siding must be compatible with adjacent structures. Shiny or metallic finishes are prohibited;

F. The roof must have a pitch of not fewer than three inches vertical rise per 12 inches horizontal distance;

G. The roof must be of clay, concrete, fiberglass, or asphalt tile, or wood shakes or shingles complying with the most recent editions of the Uniform Building Code fire rating approved in the city;

H. The roof must have eaves or overhangs of not less than one foot;

I. The floor must be no higher than 20 inches above the exterior finished grade; and

J. Required covered parking must be compatible with the manufactured home design and with other buildings in the area. [Ord. 979 § 2 (Exh. A), 1990.]

Article X. Mobile Home Park Conversions

18.84.400 Purpose.

The purpose of the mobile home park conversion procedure is to ensure that the conversion of a mobile home park to another use is preceded by adequate notice, and that relocation and other assistance is provided park residents consistent with Section 65863.7 of the California Government Code. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.405 Permit required.

The conversion of an existing mobile home park to another use requires a use permit issued in accord with Chapters 18.16 and 18.28 PMC. An application for such permit must include a description of the proposed new use of the site and a disposition/relocation plan for existing tenants of the mobile home park. Upon filing an application for conversion, the city planner shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 regarding notification of the mobile home park residents concerning the conversion proposal. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.410 Relocation plan.

The relocation plan for tenants of a mobile home park must be submitted to the planning commission for approval as part of the application for conversion of a mobile home park to another use. The plan shall provide specifically for relocation assistance to full-time, low- and moderate-income residents of the park for a minimum period of 12 months following approval of a use permit for the conversion. Information on sites available in mobile home parks in the city and adjacent communities must be provided to all tenants.

A relocation plan must include, but not be limited to, consideration of the availability of medical and dental services and shopping facilities, the age of the mobile home park and the mobile homes, and the economic impact on the relocated tenants.

A. Special Cases. The relocation plan must specifically provide guarantees that all tenants 62 years old or older and all tenants who are medically proven to be permanently disabled will not have to pay an increase in rent over the amount currently paid for a period of two years following relocation.

B. Moving Expenses. The relocation plan must provide for moving expenses equal to three times the monthly rent to any tenant who relocates from the park after city approval of the use permit authorizing conversion of the park. When the tenant has given notice of his intent to move prior to city approval of the use permit, eligibility to receive moving expenses is forfeited.

C. No Increase in Rent. A tenant’s rent may not be increased within two months prior to filing an application for conversion of a mobile home park, nor may the rent be increased for two years from the date of filing of the conversion application or until relocation takes place. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.415 Findings for conversion.

The planning commission may approve a permit for a mobile home park conversion if it finds that the proposed conversion meets the following requirements in addition to the requirements for the issuance of a use permit:

A. The proposed use of the property is consistent with the general plan and all applicable provisions of this code are met;

B. There exists land zoned for replacement housing or adequate space in other mobile home parks for the residents who will be displaced; and

C. The relocation plan mitigates the impacts of the displacement of low- and moderate-income individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.420 Conditions of approval.

The planning commission shall impose a relocation plan consistent with PMC 18.84.410 as a condition of approval of a permit for a mobile home park conversion. In addition, the planning commission may establish the date on which the permit for conversion will become effective. Such date may not be more than three years from the decision of the planning commission; provided, that conversion at an earlier date may be approved if the applicant has complied with all the provisions of an approved relocation plan and submitted evidence of such compliance to the city planner. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.425 Appeals.

The decision of the planning commission is final on the tenth day following its action, unless appealed in accord with Chapter 18.18 PMC. [Ord. 979 § 2 (Exh. A), 1990.]

Article XI. Outdoor Storage, Display and Service

18.84.430 Where permitted.

A temporary outdoor sale is permitted with a temporary activity permit in the CN, CC, CS, and IP districts. Temporary outdoor storage is permitted with a temporary activity permit in the CC, CS, IP and IL districts. Temporary outdoor storage is permitted in an IG district. Outdoor sales and storage for uses other than for a temporary period of time require a use permit in those districts unless specifically permitted in an IG district. Outdoor food service accessory to an eating and drinking establishment is permitted subject to approval of an outdoor dining permit in an I, C or GQ district. However, no outdoor preparation of food or beverages is permitted. An outdoor dining permit for outdoor storage, display or food service may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic corridors identified in the general plan. If these impacts cannot be prevented, the city shall deny the outdoor dining permit. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.435 Exceptions.

Outdoor storage and display is permitted in conjunction with the following use classifications in a district where it is permitted or conditionally permitted:

A. Home improvement sales and services, provided outdoor storage and display is limited to goods and equipment offered for sale only;

B. Horticulture, limited, provided outdoor storage and display is limited to plants and produce;

C. Lumber and building material yard, provided outdoor storage and display is limited to material and equipment offered for sale only;

D. Boat and marine vessel sales and rental, provided outdoor storage and display is limited to equipment offered for sale only;

E. Nursery, provided outdoor storage and display is limited to plants;

F. Vehicle sales and service, and equipment sales and rental; provided, that outdoor storage and display is limited to vehicles or equipment offered for sale or rent. The outdoor storage and display permitted by this section is exempt from the requirements of PMC 18.84.440. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.440 Screening.

In a district where outdoor storage and display is permitted, an outdoor storage and display area shall be screened from view of streets by a solid fence or wall. The height of merchandise, material, and equipment stored or displayed may not exceed the height of the screening fence or wall. The use permit may require additional screening in a highly visible area and may impose reasonable restrictions on the type of storage or display or the location of the outdoor storage and display area to avoid adverse visual effects. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.445 Storage of materials and equipment at service stations.

A display rack for automobile products no more than four feet wide may be maintained on each pump island of a service station. If a display rack is not located on a pump island, it must be placed within three feet of the principal building. There is a limit of one display rack for each street frontage. The storage of inoperative vehicles is prohibited. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

Article XII. Hazardous Waste Facilities¹

18.84.450 Purpose.

The purpose of this article is to establish a uniform conditional use permit application and review process for hazardous waste facilities consistent with the city’s general plan and the Contra Costa County hazardous waste management plan, and to ensure protection of the health, safety, welfare, quality of life, and environment of the residents of Pittsburg. [Ord. 1026 § 1, 1991.]

18.84.455 Definitions.

“Acutely hazardous waste” is any hazardous waste classified as acutely hazardous by the State Department of Health Services under the authority of California Health and Safety Code Section 25110.02.

“County plan” is the Contra Costa County hazardous waste management plan, as it existed at the adoption of this article, or as hereafter amended if an amendment is approved by the city council as provided in PMC 18.84.530.

“Department” is the planning department of the city.

“Director” is the director of the planning department of the city.

“Extremely hazardous waste” is any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration or chemical characteristics. (Health and Safety Code Section 25115.)

“Facility” or “hazardous waste facility” is all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste (Health and Safety Code Section 25117.1), and includes an expansion of a facility.

“Hazardous material” is any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant hazard to human health and safety or to the environment if released into the workplace or the environment. “Hazardous material” includes without limitation a hazardous substance (as defined in Health and Safety Code Section 25501(p)), hazardous waste and any material which a handler or the city has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. (Health and Safety Code Section 25501(o).)

“Hazardous waste” is any substance which is regulated as a hazardous waste by the responsible state department under California Code of Regulations Title 22, Division 4, Chapter 30, or a successor regulation. Regulated hazardous waste generally is either of the following:

1. A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may either:

a. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

b. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed;

2. A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Health Services under Health and Safety Code Section 25141.

“Hazardous waste” includes without limitation hazardous waste under the Resource Conservation and Recovery Act of 1976, as amended (42 USC Section 6901 et seq.). Hazardous waste also includes extremely and acutely hazardous waste. (Health and Safety Code Section 25117.)

“Immobile populations” are persons who cannot or should not be moved. Centers of immobile populations include without limitation schools, hospitals, convalescent homes, prisons, and facilities for the mentally ill.

“Land disposal facility” is a facility that involves any placement of hazardous waste in or on the land. (Health and Safety Code Section 25179.3 (h).)

“Limited scope facility” is a transfer station which (a) does not include an incinerator; (b) is sized to serve and serves only the needs of local waste producers; and (c) does not accept acutely hazardous waste, extremely hazardous waste or waste containing any of the constituents listed by the Environmental Protection Agency, as an extremely hazardous substance pursuant to Section 313 of the Federal Superfund Amendments and Reauthorization Act of 1986.

“Off-site facility” is a facility which is not an on-site facility. (Health and Safety Code Section 25117.11.)

“On-site facility” is a facility at which a hazardous waste is produced and which is owned by, leased to, or under the control of the producer of the waste. (Health and Safety Code Section 25117.12.)

“Person” is an individual, trust, firm, joint stock company, business concern, corporation, including without limitation a government corporation, partnership and association. “Person” also includes any city, county, city and county, district, commission, the state or any department, agency or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law. (Health and Safety Code Section 25118.)

“Processing” is activity which alters the chemical or physical properties, or composition of a hazardous waste or material.

“Producer” is any person who generates hazardous waste. (Health and Safety Code Section 25120.)

“Qualified aqueous portion” is that portion of a wastewater stream containing less than one percent by weight of hazardous waste constituents; provided, that those constituents (a) are removed from the aqueous stream or otherwise treated on site to render the waste nonhazardous, and (b) do not constitute more than 100 tons per year.

“Residual repository” is a land disposal facility that accepts only the solid residues resulting from the treatment of hazardous wastes in accordance with standards established pursuant to Health and Safety Code Section 25179.6, or that accepts hazardous organic waste that is stabilized, solidified or encapsulated.

“Single-user off-site facility” is an off-site facility which serves only one producer. A single-user off-site facility may accept waste from more than one location, provided each location is owned by, leased to or under the control of the same producer.

“Specified hazardous waste facility” is an off-site facility which serves more than one producer of hazardous waste. (Health and Safety Code Section 25199.1(m).)

“Storage facility” is a facility which may legally store hazardous waste for specified time periods. (Health and Safety Code Section 25123.3).

“Thirty-year post-closure period” is the 30-year period, starting with the certification of the closure of the facility by the appropriate state and federal regulatory agencies, during which the facility owner must continue to maintain and monitor the facility site in compliance with the post-closure plan required by Health and Safety Code Section 25246.

“Transfer station” is an off-site facility which is related to the transportation of hazardous waste, including but not limited to loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation. (Health and Safety Code Section 25123.3(c).)

“Treatment facility” is a hazardous waste facility that uses any method, technique or process which changes or is designed to change the physical, chemical or biological character or composition of a hazardous waste or any material contained in it, or removes or reduces its harmful properties or characteristics for any purpose (Health and Safety Code Section 25123.5.) [Ord. 1026 § 1, 1991.]

18.84.460 Prohibition.

No person shall establish or operate a hazardous waste facility except as allowed under this article. [Ord. 1026 § 1, 1991.]

18.84.465 Where permitted.

A specified hazardous waste facility is permitted with a conditional use permit in the IG district. A land disposal facility is permitted with a conditional use permit in the IG district, but only as an accessory use. A transfer station or an on-site hazardous waste facility is permitted with a conditional use permit in the IG and IL districts. An off-site single-user hazardous waste facility is permitted with a conditional use permit in the IG and IL districts. A residual repository is permitted with a conditional use permit in the OS district. [Ord. 1026 § 1, 1991.]

18.84.470 Application for conditional use permit.

An applicant for a conditional use permit for a facility shall submit a written application to the director, using forms provided by the department and accompanied by the appropriate application fees. An application shall include the following information:

A. Name and address of the applicant;

B. Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make the application;

C. A list of adjacent property owners and a map indicating their location relative to the proposed facility;

D. An environmental assessment questionnaire based upon the initial study required by the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”);

E. A land use map;

F. As appropriate for the facility proposed, identification of the amounts (in tons), sources and types of hazardous materials or wastes to be treated or stored at the proposed facility; the geographical location of the producers; the ultimate disposition of the waste; and the anticipated life of the facility. The information on types and quantities of hazardous materials or waste to be treated or stored shall indicate both the capacity to treat or store the different types of waste, and expected throughput on a weekly and annual basis. This information shall be based on an actual survey of the industries to be served and be representative of the wastes that will be processed at the facility. Information on hazardous materials shall relate to hazardous materials involved with, reasonably related to or affected by the proposed waste management activity;

G. Identification of the type(s) of processes proposed to be used at the facility. For any proposed facility other than storage or recycling, the application shall specify whether any anticipated wastestreams meet the definition of “recyclable material” under Health and Safety Code Section 25120.5 or are listed by the state as recyclable wastes under Health and Safety Code Section 25175. If either of these conditions exists and recycling is not proposed, the application shall explain why these wastes should not be recycled;

H. Identification of all wastewater, treated and untreated, generated by the proposed facility, the method and place of final discharge, and a copy of the required state waste discharge permit or permit application pursuant to State Water Code Section 13260 et seq., and National Pollutant Discharge Elimination System (NPDES) permit or permit applications, pursuant to 40 Code of Federal Regulations Section 122;

I. An analysis of visual, noise and odor impacts associated with the proposed facility and recommended mitigation measures;

J. A business plan pursuant to Health and Safety Code Section 25500 et seq., which includes a plot plan of the proposed facility, an inventory of chemicals to be used and an emergency response plan. At a minimum, the emergency response plan shall be consistent with any and all applicable city, county and regional emergency response plans and all city, county, state and federal regulatory requirements regarding emergency response procedures;

K. A copy of each summary of a report or plan required of the facility under the Hazardous Waste Source Reduction and Management Review Act of 1989 (Health and Safety Code Section 25244.12 et seq.), or a statement of the reasons the facility is not subject to those regulations;

L. A list of each application, permit or report (such as, without limitation, a hazardous materials management plan) concerning the presence, handling or disposal of hazardous material or hazardous waste which the facility is required to submit to any other local, state or federal regulatory agency, and a copy of each such application, permit or report requested by the director; and

M. Any information described in PMC 18.84.490 which the director determines is necessary to conduct the administrative review described in PMC 18.84.480. [Ord. 1026 § 1, 1991.]

18.84.475 Additional requirements for certain facilities.

Each of the following facilities is subject to the provisions of PMC 18.84.490 and 18.84.515:

A. Specified hazardous waste facility;

B. New off-site single-user facility with the capacity to manage more than 4,000 tons per year of hazardous waste;

C. New on-site facility with the capacity to manage more than 4,000 tons per year of hazardous waste;

D. Expansion of an existing off-site single-user facility that increases the capacity of the facility or the actual amount of hazardous waste handled by more than 2,000 tons per year;

E. Expansion of an existing on-site facility that increases the capacity of the facility or the actual amount of hazardous waste handled by more than 2,000 tons per year; and

F. Facility which the director determines is subject to PMC 18.84.490 and 18.84.515 after the director has conducted the administrative review required under PMC 18.84.480.

For the purpose of computing tons of hazardous waste under this section, the qualified aqueous portion of a wastewater stream shall not be included in the computation of the amount of hazardous waste managed. [Ord. 1026 § 1, 1991.]

18.84.480 Administrative review.

A. An application for a facility not described in PMC 18.84.475(A) through (E) shall be reviewed as provided in this section.

B. The director shall review an application under this section in order to determine: (1) whether the application is sufficiently complete in order to allow processing without the additional information required by PMC 18.84.490; and (2) whether the proposed facility should be reviewed subject to PMC 18.84.280 (permit required for the handling of hazardous materials) and PMC 18.16.040 (specific findings necessary for conditional use permit), or subject to PMC 18.84.515 (findings necessary for a facility described in PMC 18.84.475).

C. The director may determine that the application shall be processed without the additional information required by PMC 18.84.490 or subject to PMC 18.84.515, but rather under PMC 18.16.040 and 18.84.280 and other applicable sections of this article, if he determines that:

1. Sufficient information exists to find whether the proposed facility generally conforms with the siting criteria contained in the city’s hazardous waste management plan and the county plan (as appropriate for the particular facility under consideration), and that a complete health and environmental risk assessment is unnecessary under the circumstances of the particular project;

2. Based upon the information submitted, review under PMC 18.16.040 and 18.84.280 is adequate to protect the public health, safety and general welfare; and

3. Review under PMC 18.16.040 and 18.84.280 will provide adequate public involvement in the consideration of the facility.

D. If the planning commission determines to approve an application for a conditional use permit in which the director has made each of the findings under subsection (C) of this section, the commission may impose any or all of the conditions of approval described in PMC 18.84.520, shall find that the proposed facility is consistent with the city’s hazardous waste management plan and the county plan (as appropriate for the particular facility under consideration) and shall consider the appropriateness of imposing on the facility the mitigation measures described in the final environmental impact report prepared by Contra Costa County for the adoption of the county plan.

E. If the director does not make each of the findings under subsection (C) of this section, the application is subject to PMC 18.84.515 and 18.84.520, in addition to being subject to any other applicable sections of this article. [Ord. 1026 § 1, 1991.]

18.84.485 Expansion of existing facility.

An expansion of an existing off-site single-user facility or of an existing on-site facility which is not described in PMC 18.84.475(D) or (E), and which does not (A) increase the capacity of the facility by more than 50 percent, (B) increase the amount of waste managed by more than 50 percent of the amount managed in the previous 12 months, or (C) add the management of extremely hazardous waste in any amount, is not subject to administrative review under PMC 18.84.480 or the provisions of PMC 18.84.490, but shall be processed under PMC 18.16.040 and 18.84.280 and other applicable sections of this article. [Ord. 1026 § 1, 1991.]

18.84.490 Additional information required.

An application for a facility subject to this section shall include the following information in addition to that required by PMC 18.84.470:

A. A plot and development plan drawn in sufficient detail to clearly describe the following:

1. Physical dimensions of the property and structures,

2. Location of existing and proposed structures, including elevations,

3. Setbacks and landscaping,

4. Methods of circulation and parking,

5. Drainage patterns,

6. Ingress and egress,

7. Storage and processing areas,

8. Proposed utilization of property,

9. Distance from the facility property line to the nearest adjacent structure, and a description and location of such structure,

10. Distance to nearest residences, to properties designated in the general plan for residential use, to proposed or presently zoned residential areas and to immobile populations,

11. Proximity of the proposed facility to the 100-year flood prone areas as shown on the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency,

12. Proximity of the proposed facility to any known active or potentially active earthquake faults as defined by the State Department of Mines and Geology,

13. Evaluation of the susceptibility of the facility to earthquakes, including a specification of the minimum ground acceleration that should trigger an immediate shutdown of the facility,

14. Relationship of the proposed facility to all surface water bodies, and all known underground aquifers beneath the facility or beneath the ground within one mile of the facility,

15. Topographic description and plotting of the property and surrounding area on a topographic map,

16. Preliminary geological study of the property and surrounding area including data on the permeability of the substrate,

17. Existing and proposed utilities which service or will be required to service the facility, and

18. Radius and vicinity map including the project boundary;

B. A grading plan;

C. A title report completed within six months of the date of application submittal;

D. Identification of any other hazardous or solid waste facilities presently or in the past owned or operated by the applicant, with copies of all permits or permit applications and a listing of regulatory and community contacts for each facility, with their affiliations and current phone numbers;

E. Full disclosure of any past or present permit violations and any past or pending administrative, civil or criminal proceedings or litigation involving any facility in any location presently or formerly owned or operated by the applicant, or proposed for operation in the future;

F. Disclosure of any past or present air, water, soil, or other property contamination that has resulted from any activity of the applicant, or that has occurred at any facility owned, operated or controlled by the applicant;

G. Financial statements for the applicant including proposed means for financing development of the facility, and anticipated costs and revenues associated with operation of the facility;

H. Detailed information regarding how the applicant will meet state pollution liability insurance requirements for sudden and nonsudden events, and state requirements for funding closure and post-closure costs;

I. An analysis of all anticipated air quality impacts associated with the proposed facility, including the effect of wind patterns at the site, proposed mitigation measures to ensure no degradation of air quality in the area, and a copy of all applicable permits or applications for permits from the Bay Area Air Quality Management District;

J. Identification of any rare or endangered species of plants or animals within the proposed facility site and recommended mitigation measures;

K. Identification of any cultural resources located on the proposed facility site, including archaeological, paleontological and historical resources, and proposed mitigation measures;

L. The results of preliminary studies on the impact of the proposed facility on real property values and local employment patterns;

M. A health and environmental risk assessment:

1. Based on a credible worst case accident scenario resulting from an upset condition involving hazardous materials or wastes. If the proposed facility will include any hazardous materials or wastes listed on the United States Environmental Protection Agency’s list of extremely hazardous substances (as per Federal Register Volume 52, No. 77, page 13,397), the applicant shall submit a risk-management prevention program pursuant to Health and Safety Code Section 25531. The assessment shall recommend mitigation measures for all potentially significant impacts. The proposed scope, protocol, and methodology of the risk assessment shall be submitted to the director for approval prior to the initiation of the risk assessment,

2. Which analyzes, in detail, all credible probabilities of accidents or spills involving hazardous materials or wastes to be used at the site and transportation related accidents from the points of origin to the facility. The assessment shall identify mitigation measures to reduce identified risks. The assessment shall identify the transportation routes within the city which will yield the least risk of accident and environmental impact resulting from the transportation of hazardous waste to the proposed facility.

The risk assessment shall analyze risks concerning hazardous materials to the extent those risks are reasonably related to the presence or management of hazardous waste proposed in the application;

N. A plan that identifies an ongoing monitoring program of air, soil, groundwater, and other environmental systems. This plan shall include any monitoring requirements imposed by other permitting agencies such as, without limitation, the Bay Area Air Quality Management District, the Regional Water Quality Control Board and the State Department of Health Services;

O. Except for an on-site or single-user off-site facility, documentation of how the proposed facility will serve the needs of local producers of hazardous waste, including household hazardous waste;

P. A designation of at least two reasonable alternative sites;

Q. A detailed proposed public education and participation program to be employed during the decision-making process acceptable to the director; and

R. Such other information as the director may require to enable the complete evaluation of a particular application. [Ord. 1026 § 1, 1991.]

18.84.495 Application not incomplete.

A. An application for a limited scope facility is not incomplete if the applicant does not submit the information contained in PMC 18.84.490(H), (L) or (M). However, if an environmental impact report is required for the project, the EIR shall include the information contained in those items.

B. An application for an on-site or single-user off-site facility is not incomplete if the applicant does not submit all the information contained in PMC 18.84.490(D), (E) or (F), if:

1. The applicant demonstrates to the director’s satisfaction that production of that information would pose an unreasonable burden on the applicant;

2. The applicant states in writing the information the applicant can supply in an effort to satisfy the intent of PMC 18.84.490(D), (E) or (F); and

3. The director determines that the applicant’s proposed submittal of information is sufficient to provide meaningful review of the applicant’s past performance in managing hazardous waste. [Ord. 1026 § 1, 1991.]

18.84.500 Modification.

Any proposed modification of the type or quantity of hazardous waste to be managed at a facility which either exceeds the engineered design capacity or exceeds by more than 10 percent the expected throughput specified in the application for any type of waste, and which was not considered in an original application for the facility approved by the city, shall be the subject of an application for a modification of the conditional use permit. Materials from the original application may be used in the application for a modification to the extent allowed by the director. [Ord. 1026 § 1, 1991.]

18.84.505 Fees.

A. The applicant shall pay in advance all costs for processing and reviewing the application; the preparation, review and administration of all environmental documents; and all activities of a local assessment committee.

B. The applicant shall be responsible for any additional reasonable fees should the director hire additional consultants to review environmental impact documents, risk assessments or perform any special studies.

C. The applicant is responsible for any other fees not specifically identified in this article which are necessary for the review and processing of an application, as determined by the director.

D. The applicant shall be responsible for the cost of any monitoring program established by the city to monitor the applicant’s compliance with permit requirements during the facility’s operational life and any post-closure period. [Ord. 1026 § 1, 1991.]

18.84.510 Local assessment committee.

A. A local assessment committee (LAC) consisting of seven members shall be appointed by the city council for each proposed specified hazardous waste facility. The council may appoint a LAC for an application for a facility described in PMC 18.84.475(B) through (F). Policies and procedures for establishing and administering the LAC are those contained in Health and Safety Code Section 25199.7.

B. The LAC shall review the application and environmental impact documents, solicit public comments on the proposed facility, provide comments to the planning commission and the city council on the initial study, any environmental impact report and the health and environmental risk assessment. The LAC shall make recommendations on required findings and conditions of approval described in PMC 18.84.515 and 18.84.520, respectively. [Ord. 1026 § 1, 1991.]

18.84.515 Findings necessary for approval of permit.

If an application for a facility is subject to this section, the planning commission shall not approve the application unless the commission makes each finding required by PMC 18.16.040, and each of the following findings:

A. The proposed facility is consistent with the city’s general plan and with the county plan, to the extent required for the facility under consideration.

B. The proposed facility complies with Section III, “Siting Criteria,” Chapter 8 of the city plan, to the extent required for the facility under consideration.

C. The proposed facility will not be detrimental to the health, safety, or general welfare of the community or to the environment. The commission shall deny the requested conditional use permit where the applicant has failed to show that the requested use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of the use, and reasonable restrictions or conditions to permit the establishment of the use will not prevent detriment or menace as indicated.

D. The conditions recommended by the local assessment committee, if one was appointed, were considered.

E. The activities of the applicant reasonably related to its proposed activities have not resulted in any material regulatory violations or contamination.

F. The proposed facility is or will be served by roads and all other necessary public and private service facilities and utilities. The circulation features serving the proposed facility are adequate in width and location, and are improved and located in such a manner as to provide for the safe transport of hazardous waste to the proposed facility.

G. Any significant environmental impacts identified in the environmental documentation have been satisfactorily addressed, and each of the mitigation measures contained in the final environmental impact report for the county plan have been considered and imposed as deemed appropriate.

H. The nature, condition and development of adjacent uses, buildings and structures shall be considered and no proposed facility shall be permitted where it will adversely affect adjacent uses, buildings or structures.

I. Alternative locations for the project both inside and outside the city have been adequately considered.

J. The site for a proposed facility shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in the municipal code in order to integrate the facility with other uses in the neighborhood. [Ord. 1026 § 1, 1991.]

18.84.520 Conditions of approval.

If an application is subject to this section, the planning commission shall consider each of the following as conditions of approval and impose those it deems appropriate, requiring the applicant to:

A. Develop baseline environmental data to determine air, water, noise, cultural resource, biological, public facilities, slope, geotechnical, hydrology, traffic, aesthetics and soil conditions prior to commencement of facility operations;

B. Provide ongoing or periodic environmental monitoring actions including air quality and groundwater and real-time continuous emissions monitoring for all incinerators. Any monitoring program shall include, without limitation, identification of:

1. All required mitigation measures for environmental impacts, including performance and compliance criteria,

2. Methods for necessary reporting or monitoring to verify compliance,

3. The individual or entity responsible for conducting required monitoring, and

4. A schedule for monitoring and reporting.

A monitoring program may include the creation of a standing communication and information panel during the facility’s operational life and post-closure period to monitor compliance with conditions of approval and encourage communication between the applicant and the community;

C. Limit the use of access routes to and from the facility by vehicles containing hazardous waste;

D. Devise a plan satisfactory to the director for notification to the city of specified releases from the facility to the air, water or soil where notification is not specifically required by an operating permit. The plan may require immediate notification to the city’s police department in the case of a serious release;

E. Provide reduced cost waste management services for local hazardous waste producers, and consideration of such services for household hazardous wastes, in the case of a specified hazardous waste facility;

F. Submit reports to and at times specified by the director, and to any standing committee, providing relevant information, such as data on the types and volumes of wastes received and managed, an update of all interactions with state and federal permitting agencies and any releases;

G. Provide procedures and systems for the immediate shutdown of the facility in the event of an earthquake in excess of specified ground accelerations, fires, and floods, and resumption of facility operations only following an independent facility inspection. Approved systems may require automatic shutdown devices;

H. Provide for a periodic general review by the planning commission of the applicant’s compliance with the use permit and any facility agreement (see subsection (T) of this section), with provision for modifying the existing conditions or adding new conditions as appropriate;

I. Prevent the unauthorized entry of persons, livestock or wild animals onto any portion of the facility;

J. Provide a 24-hour surveillance system which continuously monitors and controls entry to the facility;

K. Provide perimeter fencing;

L. Allow city officials or their designated representatives to enter the premises at reasonable times for the purpose of ensuring compliance with all standards, conditions, and other requirements of the permit;

M. Within 15 working days of receipt, send the director copies of all complaints related to facility operations and copies of all inspection reports and documentation of any other regulatory action concerning or prepared by another local, state or federal agency;

N. Make periodic payment into a fund to be used to address any contamination problems that may arise after the 30-year post-closure period (for a residual repository or land disposal facility); and provide special benefits and remuneration to the city as compensation for local costs associated with the operation of the facility (Health and Safety Code Section 25199.7(d)(2)(A)(ii));

O. Prepare an emergency response contingency plan pursuant to Health and Safety Code Section 25503.5. The plan shall be approved by the Riverview Fire Protection District, maintained at the facility and sent to the police department, fire district, local hospitals and the Contra Costa County health services department. The applicant shall provide proof of distribution to the director before the issuance of a certificate of occupancy;

P. Prepare a written closure plan pursuant to Health and Safety Code Section 25246. This plan shall be approved by the State Department of Health Services and submitted to the director. All revisions to the closure plan shall also be submitted to the director with 15 working days of state approval;

Q. Before issuance of a certificate of occupancy, provide proof to the director’s satisfaction that the applicant has met all of the financial responsibility requirements imposed by the State Department of Health Services and any other federal or state agency;

R. Be prohibited from storing hazardous waste over 90 days without a permit from the permitting agency under the Federal Resource Conservation and Recovery Act (42 USC Section 6901 et seq.);

S. Defend, indemnify and hold the city harmless against all claims, actions, or liabilities relating to approval of the application or operation of the facility;

T. Enter into an agreement with the city which contains all the required conditions of approval. In addition to the conditions of approval, the agreement may contain the following:

1. Provision for renegotiating and modifying the agreement or specific provisions based on facility expansion or significant changes in facility operations, or introduction or discovery of new information not considered as part of the original facility application, subject to any applicable notice and hearing requirements if modification of the use permit is necessary.

2. Provision for arbitration, including allocation of associated costs, of any disputes that arise between the applicant and the city regarding implementation of the agreement.

3. Provision for city approval of a proposed transferee of the facility. A proposed transferee shall demonstrate that it has the technical capability and experience and the financial resources necessary to the safe operation and closure of the facility, and has had no material violations of local, state or federal hazardous waste law.

4. For a specified hazardous waste facility, provision for payment by the applicant of all costs incurred by the city in processing and defending an appeal to the state of a land use decision on a facility application, or any condition attached to any approved facility permit, pursuant to the Health and Safety Code Section 25199.9 et seq. If the applicant is the appealing party and if the appeal board issues a final decision reversing the city’s land use decision in accordance with Health and Safety Code Section 25199.14, then the city shall return payments made under this subsection to the applicant. [Ord. 1026 § 1, 1991.]

18.84.525 Duration of use permit.

The duration of the conditional use permit shall be determined at the time of approval and shall not exceed 10 years. The applicant shall obtain all necessary building, site development or other permits within the time specified in the conditional use permit, and begin substantial construction of the facility within six months thereafter, or the permit shall be void. [Ord. 1026 § 1, 1991.]

18.84.530 Amendment of county plan.

If Contra Costa County amends the county plan after the adoption of this article, that amendment shall have no force or effect, and decisions on conditional use permits under this article need not be consistent with the amendment, unless the city council accepts the amendment. The council shall accept or reject the amendment by resolution after receiving and considering recommendations from the planning commission. [Ord. 1026 § 1, 1991.]

18.84.535 Exemption.

The provisions of this article do not apply to:

A. A project which has obtained a vested right before the effective date of this article;

B. A project which consists only of the maintenance, replacement, repair, replication, or augmentation of existing equipment and which does not require the issuance of a building permit;

C. A project consisting of reconstruction or repair of an existing facility which costs less than 25 percent of the assessed valuation of the structure at the time of reconstruction or repair;

D. A project for which the environmental review process under CEQA began before July 1, 1986, and for which Contra Costa County was the administrative agency; provided, however, that an expansion of such a project is subject to PMC 18.84.475(D), (E) or (F), as appropriate;

E. A modification of a project that results solely from a change in regulations which alters the definition or characterization of hazardous waste. Unless otherwise exempt, a physical modification of a facility required by a regulatory change or agency is subject to the applicable provisions of this article; or

F. A project built solely to comply with federal or state laws, regulations, rules, or administrative or judicial orders under a compliance time schedule which precludes timely review under this article.

The exemptions granted by this section do not affect any other requirement of this title which may be applicable, including without limitation the provisions of Article VI of this chapter. [Ord. 1026 § 1, 1991.]

18.84.540 Scope of permit.

A conditional use permit granted under the provisions of this article shall be deemed to satisfy the requirement for a conditional use permit regarding hazardous materials in PMC 18.84.280. [Ord. 1026 § 1, 1991.]

18.84.545 Violation a misdemeanor.

A. A person who violates any provision of this article or violates or fails to comply with each provision of a permit issued under this article is guilty of a misdemeanor and shall be punished as provided in PMC 18.90.070.

B. The penalty provided in this section is in addition to the provisions of Chapter 18.28 PMC which provide for a forfeiture of the permit. [Ord. 1026 § 1, 1991.]

Article XIII. Recycling Collection Facilities

18.84.550 Purpose.

A. The existing of recycling collection facilities within the city will facilitate performance of the mandatory duty imposed by Chapter 8.06 PMC to separate and recycle all recyclable materials from solid waste.

B. This article established the standards and regulations for the siting of recycling collection facilities. [Ord. 1060 § 1, 1993.]

18.84.560 Permits required.

No person shall place or permit the placement, construction or operation of any collection facility, including a grouping or reverse vending machines or recycling facility, without first obtaining a permit as may be required by the base district land use regulations and summarized in the table below or otherwise provided by this title.

Summary
– Permits Required
P = Permitted U = Use Permit Z = Zoning Administrator – = Not Permitted



Collection Facility	Zoning District
Use Classification	CN	CO	CC	CS	IP	IL	IG
Reverse vending machine	P	P	P	P	P	P	P
Small recycling facility	Z	Z	Z	Z	Z	–	–
Large recycling facility	–	–	U	U	U	U	U

18.84.570 Application procedure and fees.

A person desiring to place, construct or operate a collection facility which requires a zoning administrator or use permit must file an application with the planning department. The application must be on a form prescribed by the planning director and accompanied by the required fee set by resolution of the city council. [Ord. 1060 § 1, 1993.]

18.84.575 Criteria and standards for collection facilities.

The criteria and standards for the siting and operation of a collection facility are as follows:

A. Reverse Vending Machine.

1. Must be established in conjunction with an existing commercial or industrial use which is in compliance with the zoning, building and fire codes of the city;

2. Must be located within 30 feet of the entrance to the commercial structure but not obstruct pedestrian or vehicular circulation nor be in a visually conspicuous location;

3. May not occupy parking spaces required by the principal use;

4. Must be constructed and maintained with durable waterproof and rustproof material;

5. Must be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

6. Must have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;

7. Must be maintained in a clean, litter-free condition on a daily basis.

B. Small Recycling Facility. Before approving a zoning administrator permit for a small recycling facility as indicated in PMC 18.84.560, the zoning administrator must find the facility meets the applicable standards as follows:

1. Must be established in conjunction with an existing commercial or industrial use which is in compliance with the zoning, building and fire codes of the city;

2. Must be no larger than 500 square feet and occupy no more than three parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

3. Must be set back at least 20 feet from any public right-of-way or public sidewalk and not obstruct pedestrian or vehicular circulation;

4. May accept only glass, aluminum cans, plastic containers, papers and reusable items. Used motor oil may be accepted with approval from the chief building official and Riverview fire protection district;

5. May use no power-driven processing equipment except for reverse vending machines;

6. Must use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and be of a capacity sufficient to accommodate materials collected;

7. Multiple collection containers must be all the same color white or some other subdued color;

8. Must store all recyclable material in containers or in the mobile unit vehicle, and not leave materials outside of containers when attendant is not present;

9. Must be maintained free of litter and any other undesirable materials; mobile facilities, at which truck or containers are removed at the end of each collection day, must be swept at the end of each collection day;

10. May not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, or otherwise not exceed 70 dBA;

11. Attended facilities located within 100 feet of a property zoned or occupied for residential use may operate only during the hours between 9:00 a.m. and 7:00 p.m.;

12. Containers for the 24-hour donation of materials must be at least 30 feet from any property zoned or occupied for residential use;

13. A trash receptacle must be included with the recycling facility with collection arrangements made with Pittsburg Disposal;

14. Containers must be clearly marked to identify the type of materials which may be deposited; the facility must be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material may be left outside the recycling enclosure or containers;

15. The facility may not impair any landscaping required by this title;

16. No additional parking spaces are required for customers of a facility located at the established parking lot of a principal host use unless otherwise determined by the zoning administrator;

17. The facility must be located on the site to be visually in the least conspicuous area to the general public or screened with landscaping, fencing or walls in a manner to provide an aesthetic quality compatible with surrounding structures. The location may not obstruct pedestrian or vehicular circulation.

C. Large Recycling Facility. Before approving a conditional use permit for a large recycling facility, as indicated in PMC 18.84.560, the planning commission must make each of the findings set forth in PMC 18.16.040 and find the facility meets the following standards:

1. The facility is at least 150 feet from property zoned or planned for residential use;

2. The facility must be screened from public view by operating in an enclosed building or behind dense landscaping or fencing;

3. Yards and landscaping requirements must comply with those provided for the zoning district in which the facility is located;

4. All exterior storage of material will be in sturdy containers which are covered, secured and maintained in good condition. Oil storage must be in containers approved by the chief building official and Riverview fire protection district. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing or other screening;

5. The site will be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;

6. Noise levels will not exceed 60 dBA as measured at the property line of residentially zoned property, or otherwise not exceed 70 dBA;

7. If the facility is located within 500 feet of property zoned, planned or occupied for residential use, it will not be in operation between 7:00 p.m. and 7:00 a.m.;

8. Any containers provided for after-hours donation of recyclable materials (newspaper, cardboard, aluminum cans, etc.) will be at least 150 feet from any property zoned, planned or occupied for residential use, and they shall be made of sturdy, rustproof construction. Containers will have sufficient capacity to accommodate materials collected for at least a 24-hour period, and be secure from unauthorized entry or removal of materials;

9. Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited. The facility will display a notice stating that no material may be left outside the recycling containers;

10. The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the use. Directional signs, bearing no advertising message, may be installed with the approval of the planning director to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

11. Power-driven processing, including aluminum foil and can compacting, plastic shredding, or other light processing activities, may be used as necessary for efficient temporary storage and shipment of material. [Ord. 1060 § 1, 1993.]

18.84.580 Parking requirements.

A. Large Recycling Facilities. Parking requirements must be in accordance with PMC 18.78.040 (Schedule A) unless modified by approval of the use permit.

B. Small Recycling Facilities. Use of required parking spaces for the host use by the facility and by the attendant may be allowed only under the following conditions:

1. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;

2. A parking study shows that existing parking capacity is not already fully utilized during the time receiving facility will be on the site.

Sufficient parking for the attendant and anticipated customers must be otherwise provided as determined by the zoning administrator. [Ord. 1060 § 1, 1993.]

18.84.585 Sign requirements.

Sign requirements for all collection facilities must be in accordance with PMC Title 19. A mobile facility may have identification signs with a maximum of 20 percent per side of the container. The side will be measured from the pavement to the top of the container/trailer. [Ord. 1060 § 1, 1993.]

18.84.590 Violation – Enforcement.

A. Every person, except for an authorized recycling agent, is prohibited from removing from a collection facility location material which has been segregated from other waste material for the purpose of recycling.

B. A violation of this article is a misdemeanor. [Ord. 1060 § 1, 1993.]

Article XIV. Satellite Antennas and Microwave Equipment

18.84.600 General.

This article regulates the installation of satellite antennas and microwave equipment in all zoning districts within the city. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.605 Findings and declaration.

The council finds that the installation of satellite microwave antennas and equipment can, unless controlled, affect the aesthetic and safety values of agricultural, residential, commercial and industrial areas. Therefore, the installation of these antennas and equipment is regulated to result in locations which are least visible from public rights-of-way in the vicinity, while not burdening adjacent property owners with adverse visual impacts. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.610 Definition of usable satellite signal.

In this article “usable satellite signal” means a satellite signal which when viewed on a conventional television set is at least equal in picture quality to that received from local commercial television stations or by way of cable television. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.615 Satellite antennas.

A satellite antenna installed in any zoning district shall comply with the following criteria:

A. The antenna may be located only in the rear yard of a lot and be set back at least five feet from the rear property line. If a usable satellite signal cannot be obtained from the rear yard, the antenna may be located in the side yard so long as a three-foot setback from the side property line is maintained.

B. In any case where a lot backs up to a public right-of-way or private street, a setback of 10 feet is required between the public right-of-way or the curb of a private street and any portion of the satellite antenna.

C. The maximum height of the antenna shall be 12 feet measured from ground level immediately under the antenna to the highest point of the antenna or any appurtenance attached to it.

D. All wires and cables necessary for the operation of the antenna or reception of the signal shall be placed underground, except those wires or cables attached flush with the surface of a building.

E. An antenna may not be installed with the use of guy wires.

F. An antenna may not have a highly reflective surface or color. In addition, colors shall be subdued.

G. No more than one antenna is allowed on a parcel. This limitation includes an amateur radio antenna system regulated by PMC 18.84.020 through 18.84.055.

H. An application for design review (Chapter 18.36 PMC) shall be filed by the property owner on a form and in the manner prescribed by the city planner. An applicant shall file with the city planner a site plan and landscaping plan and other related data which may be required.

I. Landscaping or solid screening shall be installed around an antenna to screen it from adjacent public streets, public area of the development and adjacent properties. No screening is required when the antenna is located such that it is not visible from adjacent public streets, public areas of the development or adjacent properties.

J. Additional landscape screening shall be installed around an antenna located in a hillside area where visibility from surrounding areas is greater.

K. A satellite antenna may not be installed on the roof of a structure. However, if a usable satellite signal cannot be obtained by locating the antenna on the rear or side of the property, the antenna may be placed on the roof of a structure. A television or antenna technician shall first certify in writing the reasons why a usable satellite signal cannot be obtained from the rear or side yard. A satellite television antenna mounted on the roof must be of a color compatible with the color of the roof material in order to reduce the visual impact from surrounding properties and from public streets. If placement of the antenna in the side or rear yard would be more obtrusive to adjacent properties or public view than placement on the roof, the city planner may approve a roof mounted installation even though a usable signal is obtainable from the side or rear yard.

L. An antenna shall be maintained in an operational state with no structural defects or visible damage.

M. The design and location of the satellite antenna must be approved by the city planner. The city planner shall establish application procedures, and may require such plans and supplemental information as may be needed to properly review the application.

N. Before installation the applicant shall obtain a building permit. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.620 Microwave receiving antennas.

Microwave receiving antenna installation shall comply with the following criteria:

A. Residential Location. A microwave receiving antenna installed in an R district or residential area of a PD district shall comply with the following:

1. The antenna may not exceed 18 inches in diameter and shall be mounted on a building or roof.

2. If installed on a roof, the highest point of the antenna may not exceed the highest portion of the roof or building.

3. The design and location of the antenna are subject to approval by the city planner.

B. Nonresidential Location. A microwave receiving antenna installed in a nonresidential zoning district or nonresidential portion of a PD district shall comply with the following:

1. Installation is prohibited in a required front or street side yard.

2. All wires or cables necessary for the operation of the antenna or reception of the signal shall be placed underground, except those wires or cables attached flush with the surface of a building.

3. An antenna may not be installed with the use of guy wires.

4. An antenna must be placed on the site so as not to interfere with on-site pedestrian or vehicular circulation.

5. Landscaping or solid screening shall be installed around the base of any tower so as to screen the tower from view and to provide a physical separation between the tower and pedestrian and vehicular circulation.

6. The design and location of the antenna are subject to approval by the city planner.

C. An antenna shall be maintained in an operational state with no structural defects or visible change to the antenna or its structure. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.625 Microwave transmitting and relay equipment.

A microwave transmitting and relay dish- shaped antenna may be installed in any zoning district except a residential district or residential area of a PD district subject to obtaining a use permit and subject to the requirements of PMC 18.84.620(B). [Ord. 979 § 2 (Exh. A), 1990.]

18.84.630 Use permit required for microwave transmitting relay equipment.

A person may not erect microwave transmitting and relay equipment without a use permit (Chapters 18.16 and 18.28 PMC). [Ord. 979 § 2 (Exh. A), 1990.]

18.84.635 Exemptions for governmental agencies.

An antenna installed for use by a governmental agency for the purpose of protecting the public health, safety and welfare is exempt from this article. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.640 Nonexclusive regulations.

This article supplements and is in addition to other regulatory codes, statutes and ordinances. [Ord. 979 § 2 (Exh. A), 1990.]

Article XV. Substandard Lots

18.84.650 Definition of substandard lot.

“Substandard lot” is a lot that has less than the area required for the use in the land use district in which it is located, but that is a legal nonconforming lot because it was created under a prior law that required less than the area now required. The term includes a lot meeting this definition for which a certificate of compliance has been issued under Government Code Section 66499.35. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.655 Design review approval required.

Construction or expansion of a structure on a substandard lot requires design review approval (Chapter 18.36 PMC). The city planner shall review each application for a zoning permit to construct or expand a structure on a substandard lot in a single-family residential district. The planning commission shall review each application for a zoning permit to construct or expand a structure on a substandard lot in each district other than single-family residential. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.660 Development standards applicable to a single-family residential structure on a substandard lot located in an R district.

A. Any new single-family residential structure or single-family residential building addition constructed on a substandard lot in an R district shall comply with the development standards of the district within which the lot is located; provided, that the area contained within the lot is equal to or greater than 95 percent of the minimum lot area required for the use in the respective district.

B. If the area contained within the substandard lot is less than 95 percent of the minimum lot area required for the use in the district in which the lot is located, the development standards applicable to a new single-family residential structure or single-family residential building addition on a substandard lot shall be those of the district within which the size of the lot would be most conforming. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.665 Development standards applicable to a substandard lot located in a nonresidential district.

Any new structure or building addition constructed on a substandard lot located in a district that is not a single-family residential district shall comply with the development standards of the district within which the lot is located. [Ord. 07-1284 § 3 (Exh. F), 2007.]

Article XVI. Swimming Pools, Spas, and Hot Tubs

18.84.670 General.

A swimming pool, spa or hot tub is considered an accessory use and structure for a permitted or conditional use. Each swimming pool, spa or hot tub not within a fully enclosed building must comply with PMC 18.84.675 through 18.84.685. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.675 Fencing.

Each swimming pool, spa, or hot tub must be enclosed with a fence at least five feet high and meet all other requirements of Chapter 15.56 PMC. A wall or structure, other than a multifamily dwelling unit, may be used to enclose or partly enclose a pool, spa, or hot tub. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.680 Location.

A swimming pool, spa, hot tub, and its accessory mechanical equipment is not permitted in a required front or street side yard, nor within a utility or access easement. A swimming pool, spa, or hot tub is not permitted within five feet of a side or rear property line. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.685 Mechanical equipment.

Pool equipment may not be located within three feet of a side or rear property line. [Ord. 979 § 2 (Exh. A), 1990.]

18.84.690 Lot coverage.

A swimming pool, spa, or hot tub is not included in lot coverage unless it is covered by a roofed structure. [Ord. 979 § 2 (Exh. A), 1990.]

Article XVII. Storage of Coke, Coal, and Sulfur

18.84.700 Purpose.

The purpose of this article is to protect the Pittsburg community from emissions of airborne particulate matter caused by the open storage of coke, coal, and sulfur, and to develop uses consistent with regulations imposed by the BAAQMD. [Ord. 06-1265 § 3, 2006.]

18.84.705 Applicability.

This article shall be applicable to any owner or operator of a facility that produces, stores, handles, transports, or uses coke, coal or sulfur. [Ord. 06-1265 § 3, 2006.]

18.84.710 Definitions.

A. “Accumulation” is any surface deposit of material greater than three ounces in one square foot other than inside an approved storage area, conveyor, transport vehicle, coke pit, slurry bin, water collection channel, or separation pond.

B. “Coal” is a solid, brittle, carbonaceous rock classified as anthracite, bituminous, subbituminous, or lignite.

C. “Coke” is a solid carbonaceous residue produced from a coker after cracking and distillation from petroleum refining operations.

D. “Enclosed storage” is any completely roofed and walled up structure or building surrounding an entire coke, coal, or sulfur pile.

E. “Facility” means any source or group of sources or other air contaminant-emitting activities which are located within the city of Pittsburg.

F. “Fugitive dust” means any solid particulate matter that becomes airborne by natural or manmade activities, excluding particulate matter emitted from an exhaust stack.

G. “Open storage” is any measurable coke, coal, or sulfur pile that is not in an enclosed storage.

H. “Particulate matter” is any material which is emitted as liquid or solid material, or gaseous material which becomes liquid or solid particles at testing temperatures, excluding uncombined water.

I. “Pile” means any amount of coke, coal, or sulfur material which attains a height of three feet or more, or a total surface area of 150 square feet or more.

J. “Sulfur” is a chemical element, atomic number 16 on the periodic chart, and which is found in crystalline or amorphous form. [Ord. 06-1265 § 3, 2006.]

18.84.715 Prohibitions.

The owner or operator of a facility shall not cause or allow the discharge of fugitive dust into the atmosphere resulting in emissions of coke, coal, or sulfur.

The owner or operator shall maintain all piles of coke, coal, and sulfur in an enclosed storage. No piles of coke, coal, or sulfur shall be permitted in open storage. Any openings of the enclosed storage shall have overlapping flaps, sliding doors or other equivalent devices which shall remain closed, except to allow vehicles or employees from entering or leaving.

The owner or operator shall inspect and clean up any spilled material on any paved road inside or outside the facility, anywhere within the city limits.

The owner or operator shall maintain all areas of the facility free of any accumulation of coke, coal, or sulfur. [Ord. 06-1265 § 3, 2006.]

Prior legislation: Ord. 999.