Left Click here to open this Title in PDF or Right Click to download the PDF.

Part 4. Regulations Applying in All Districts

Chapter 18.50
ADDITIONAL SITE DEVELOPMENT REGULATIONS

Sections:

18.50.010    Wireless communication facilities.

18.50.020    Building projections into yards and courts.

18.50.030    Development on substandard lots.

18.50.040    Development on lots divided by district boundaries.

18.50.050    Exceptions to height limits.

18.50.060    Performance standards.

18.50.070    Refuse storage areas.

18.50.080    Relocated buildings.

18.50.090    Screening of mechanical equipment.

18.50.100    Sight obstructions at intersections and driveways.

18.50.110    Tree preservation.

18.50.120    Underground utilities.

18.50.130    Repealed.

18.50.140    Medical marijuana dispensaries.

18.50.150    Creek setbacks.

18.50.010 Wireless communication facilities.

A. Purpose. The purpose of this section is to establish a comprehensive set of zoning requirements for antennas and wireless communication facilities. These regulations are intended to provide for the managed development of antennas and wireless communication facilities in a manner that recognizes and enhances the community benefits of wireless communication technology and reasonably accommodates the needs of citizens and wireless communication service providers in accordance with federal and state rules and regulations. At the same time, these regulations are intended to protect neighbors from potential adverse impacts of such facilities and preserve the visual character of the established community.

B. Exemptions. The requirements imposed by this section do not apply to antennas or antenna structures set forth in this subsection B, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the municipal code to the extent not specially exempted in this section, including but not limited to the adopted uniform codes, including: Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code.

1. DBS, MDS and TVBS antennas.

a. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement); and

b. Television broadcast system (TVBS) antennas, provided: (i) the antenna is located entirely on and/or above the subject property, and (ii) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.

2. Satellite earth station (SES) antennas. Satellite earth station (SES) antennas measuring two meters or less in diameter (or diagonal measurement) located on a property within any commercial or industrial zoning district, provided: (a) the antenna is located entirely on and/or above the subject property; and (b) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. All SES antennas require a building permit and zoning permit for review of placement to ensure that maximum safety is maintained.

3. Amateur radio antennas. Antennas and antenna structures constructed by or for FCC-licensed amateur radio operators that comply with the following provisions. Such an antenna or antenna structure requires a building permit and zoning permit for review of placement to ensure that maximum safety is maintained:

a. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width;

b. The antenna boom measures 20 feet or less in length and is three inches or less in diameter;

c. No antenna element exceeds 32 feet in length or two inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six inches in diameter or width;

d. The turning radius of any antenna does not exceed 26 feet; and

e. All antennas and antenna structures shall comply with subsection D of this section, General Development Standards, and other applicable provisions of the municipal code.

4. Public uses. Communication facilities, including personal wireless services, used and maintained by the city, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use.

5. Other. A proposed facility is exempt from this section if, and to the extent that, rules and regulations of the Federal Communication Commission (FCC) or the provisions of a permit issued by the California Public Utilities Commission (CPUC) specifically provide that the facility is exempt from city regulation.

C. Permit required. A person who proposes to install or operate a wireless communication facility shall first obtain approval, as set forth below, unless the facility is exempt under subsection B of this section. Each application shall include the information set forth in the submittal requirements set forth by the public works and community development department.

1. Architectural review permit. An architectural review permit under PHMC Chapter 18.115 is required for the following facilities:

a. A monopole or any other antenna structure constructed by or for an FCC-licensed amateur radio operator which, when fully extended, is between 35 and 60 feet in height, and/or has a turning radius exceeding 26 feet (when the antennas are rotated).

b. A service provider facility located anywhere other than at or within 200 feet of a parcel having a residential use.

c. A monopole or any other antenna structure constructed by or for a service provider.

2. Use permit. A use permit under PHMC Chapter 18.95 is required for the installation of:

a. An amateur radio antenna that does not meet the standards of subsection B.3 of this section or which, when fully extended, exceeds 60 feet in height.

b. A service provider facility located at or within 200 feet of a parcel having a residential use.

c. A monopole or any other antenna structure constructed by or for a service provider.

3. Building permit. Each antenna or antenna structure requires a building permit, unless it is specifically exempted under subsection B of this section.

4. Findings, exceptions and decision.

a. Findings. The hearing body considering a zoning permit, an architectural review permit, or a use permit may approve the permit only upon making the following finding, in addition to the findings which may be otherwise required for the particular permit:

Each applicable requirement in subsections D, E, F and G of this section has been satisfied, or an exception has been granted under subsection C.4.b of this section.

b. Exceptions. The hearing body may grant an exception to any requirement of this section that is not met upon finding that:

i. Strict compliance precludes the reasonable accommodation of the communication needs of the operator as set forth in federal and/or state rules and regulations; and

ii. There are no other feasible alternatives.

c. Decision. The hearing body’s decision shall be in writing. A denial must be supported by substantial evidence; cannot be based on the environmental effects of radio frequency (RF) emissions if the facility complies with the FCC’s RF regulations; cannot prohibit or have the effect of prohibiting the provisions of services; and cannot unreasonably discriminate between providers. (Federal Communications Act of 1996, at 47 U.S.C. Section 332(c)(7)(B)(i) and (iv).)

D. General development standards. Each antenna and antenna structure shall be designed, installed and operated in compliance with these development standards, unless specifically stated otherwise in this section.

1. Location requirements.

a. Zoning districts. See Schedules 18.20.020 and 18.25.020. Not more than one monopole or any other antenna structure is permitted on any parcel in a residential zoning district. An antenna may also be located in the Downtown Specific Plan Area.

b. Airport safety zones. A wireless communication facility shall not be installed within safety zones 2, 3, or 4 for Buchanan Field or for any other airport or heliport, unless the airport operator indicates in writing that the facility would not adversely impact airport operations. (The safety zones for Buchanan Field are identified in the Pleasant Hill general plan.)

c. Co-location. Facilities owned by multiple wireless communication providers shall be co-located on a single tower, monopole or building to the extent technically feasible to minimize proliferation of new facilities.

d. Visibility from public places. A communications facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall blend in with the existing natural and/or manmade environment in such a manner as to be effectively unnoticeable.

The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator’s communication needs. The applicant shall disclose what antennas and support structures were evaluated, and the selection process used to select the antenna and support structure consistent with this section.

In order of preference, wireless communication facilities and ancillary equipment shall be located within a building, on a screened rooftop, on a building facade or within a fenced yard area. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts.

The city shall retain the authority to limit the number of antennas and related equipment at any site in order to minimize potential visual impacts.

e. Setbacks. A ground-mounted antenna or antenna structure shall not be located in the front or street side yard of any parcel, or within 200 feet of a parcel having a residential use.

2. Screening and design requirements.

a. Natural appearance. Ground-mounted facilities shall be screened with natural vegetation or designed as a camouflage facility. A camouflage facility is a wireless communication facility which is designed and constructed to blend in with the surrounding environment. Examples include a water tank, artificial tree, rocks, and a cupola on a building. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.

b. Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and nonreflective material.

c. Blending with architecture. Building-mounted antennas shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. This shall include use of complementary materials and complementary colored paint. Screening may include locating the facility within attics, steeples, and towers or within a new architectural addition to a building or structure which is architecturally compatible with the building.

d. Downtown. Within the Downtown Specific Plan area, all wireless communication facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside of attic spaces, steeples, towers, below parapets or concealed in architectural features.

e. Exterior lighting. Exterior lighting is limited to:

i. One exterior light with a maximum wattage of 100 watts over a door to equipment sheds. Light fixtures shall be equipped with cutoff lenses to minimize spill-over of light to adjacent properties; and

ii. Other lights required by the FAA for communications facilities within Airport Safety Zones 2, 3 and 4.

f. Standards for wall- and building-mounted facilities.

i. Roof-mounted antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna.

ii. Wall-mounted antennas. Wall-mounted antennas shall be architecturally integrated into the building design. Wall-mounted antennas shall not exceed a total of 50 square feet per building face.

g. Unauthorized access. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.

h. Compliance with laws. All wireless communication facilities shall comply with the applicable provisions of this section and this chapter as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code and rules and regulations imposed by state and federal agencies.

i. Public health. No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the city to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city.

3. Noise standards. Each facility shall be operated in such a manner so as to minimize any noise impacts.

a. Maximum limit. The maximum noise generation limit for communications facilities is 50 decibels (measured on the CNEL scale) measured 10 feet from any noise-generating use on the site. Final building plans for new and remodeled facilities shall include a letter from a qualified acoustical engineer certifying that building plans comply with this standard.

b. Testing. Testing of back-up generators and other noise-producing equipment shall take place between the hours of 8:30 a.m. and 4:30 p.m. except for weekends and holidays.

4. Height. A wireless communication facility, whether building- or ground-mounted, may exceed the height limits for buildings established in the zoning district within which they are located upon approval of a use permit by the planning commission. The applicant shall submit technical evidence justifying the request for a greater height.

5. Undergrounding. Extensions of electrical and telecommunication land lines to serve wireless communication facilities shall be undergrounded.

6. Signs. Wireless communication facilities shall include the installation of all-weather emergency information signs at all gates. Each sign shall indicate, at minimum, the site address and a 24-hour emergency contact phone number.

7. Service roads. Existing roads and easements shall be used to the extent feasible. New service roads shall be limited to a width of eight feet, unless a wider road is deemed necessary by the city or the Contra Costa Fire Protection District.

8. Landscaping and tree preservation.

a. Landscape plan. Any existing trees or significant vegetation shall be retained as part of an approved landscape plan for the project.

b. Protection. Prior to commencement of work, existing trees in the vicinity of the facility and along any access roads and trenching areas shall be protected from damage with temporary construction fencing or other methods approved by the zoning administrator. Grading, cutting or filling is prohibited in the dripline of any tree required to be preserved. Underground lines shall be located so as to minimize damage to tree roots.

c. Restoration. All areas disturbed during project construction shall be revegetated with similar plant material before issuance of a certificate of occupancy.

9. Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless communication facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the operator shall bring the facility into conformance with such standards within the conformance period established by the federal agency. In the event that the federal agency does not establish a conformance period, the operator shall bring the facility into conformance within 30 days of notification by the federal agency. The operator is under an affirmative duty to promptly provide the zoning administrator with a copy of any notice of such violation issued by any federal agency. Any violation of the provisions of this section shall be grounds for the city to terminate any permit granted hereunder and/or to order the immediate service termination of the facility. The operator shall be responsible for all labor and equipment costs for determining the source of the interference, all costs associated with eliminating the interference (including but not limited to filtering, installing radio frequency cavities, installing directional antennas, powering down systems and engineering analysis), and all costs arising from third party claims against the city attributable to such interference.

E. Special provisions for amateur radio antennas and antenna structures. In addition to the general development standards in subsection D of this section, amateur radio antennas and antenna structures shall be the minimum height and size necessary to reasonably accommodate the operator’s communication needs, in accordance with FCC regulations as set forth in FCC Order “PRB-1.” Retractable monopoles may be required for antenna structures over 35 feet in height which are in or within 200 feet of a parcel having a residential use. The city may require that, at times when not in operation, the monopole be retracted to the lowest elevation possible in order to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping and/or any other site improvements.

F. Special provisions for service provider facilities. In addition to the general development standards in subsection D of this section, service provider facilities shall comply with the following requirements:

1. Whenever reasonably feasible, as determined by the zoning administrator, service provider facilities shall be encouraged to be located on publicly owned property (but not in the public right-of-way).

2. Any service provider facilities that are developed on vacant sites shall be temporary. When such sites are developed, these facilities shall be removed. Such facilities may be replaced with building-mounted antennas or other types of appropriate facilities, subject to review and approval by the city in accordance with this section.

3. Facilities shall be co-located with existing facilities, whenever reasonably feasible and aesthetically desirable. In order to facilitate future co-location of antennas for other service providers, the conditions of approval shall prohibit the applicant from entering into an exclusive lease for the use of the site.

4. Roof-mounted antennas and antenna structures shall not exceed a height of 12 feet above the maximum allowed height limit for the main building in the zoning district in which the facility is located. If there is no height limit for the main building, the antennas and support structures shall not exceed 60 feet in height.

G. Discontinuance of use – Maintenance and removal agreement.

1. Discontinuance of use. Antennas, support structures and related equipment shall be removed within 30 calendar days of the discontinuation of the use of a wireless communication facility and the site shall be restored to its previous condition. The service provider shall provide the public works and community development department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on city property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures and related equipment within 30 calendar days of the discontinuation of the use.

2. Agreement required. The applicant and the property owner shall enter into a standard maintenance and removal agreement before a building permit is issued for any wireless communication facility.

3. Contents. The agreement shall bind the applicant, property owner and any successors in interest to properly maintain the exterior appearance of the facility and ultimately remove the facility. It shall further bind them to pay all costs for monitoring compliance with provisions of this section and to reimburse the city for all costs incurred to perform any work, if required, because the applicant has failed to perform.

In the agreement, the applicant shall agree to indemnify and defend the city, at the applicant’s sole expense, for any action taken against the city as a result of issuing an entitlement under this section.

4. Recordation. This agreement shall be recorded at the Contra Costa County recorder’s office.

H. Nonconforming facilities. Any wireless communication facility existing before the effective date of the ordinance codified in this section which is nonconforming to the provisions of this section may continue to be used. Such a facility may be operated, repaired and maintained but shall not be enlarged, expanded, relocated or modified to increase the discrepancy between the existing conditions and the requirements of this section. (Ord. 768 § 2, 2003; 1991 code § 35-16.1)

18.50.020 Building projections into yards and courts.

A projection into a required yard setback is permitted as follows:

A. Fireplace or chimney: 18 inches;

B. Cornice, eave, mechanical equipment, and ornamental feature: two feet;

C. Balcony, stairs, canopy, and awning: five feet into a front or rear yard, and two feet into a side yard;

D. Bay windows: two and one-half feet, except that a minimum five-foot side yard shall be maintained; and

E. Decks: front and side yard requirements shall be the same as those applicable to the primary residence.

Rear yard setbacks as specified below:

(Ord. 856 § 2 (Exh. A), 2011; Ord. 710 § 35-16.2, 1996; 1991 code § 35-16.2)

18.50.030 Development on substandard lots.

A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it has a width of 25 feet or more and an area of 2,500 square feet or more; provided, that on the effective date of regulations that made it substandard, it was in single ownership separate from any abutting lot. No substandard lot may be further reduced in area or width, and a substandard lot is subject to the same yard and density requirements as a standard lot. One dwelling unit may be located on a substandard lot that meets the requirements of this section. (Ord. 710 § 35-16.4, 1996; 1991 code § 35-16.4)

18.50.040 Development on lots divided by district boundaries.

The regulations applicable to each district shall be applied to the area within that district, and no use other than parking serving a principal use on the site shall be located in a district in which it is not a permitted or conditional use. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use. (Ord. 710 § 35-16.6, 1996; 1991 code § 35-16.6)

18.50.050 Exceptions to height limits.

The following items may exceed the maximum permitted height in a district by eight feet with no discretionary review, if the items do not cover more than 20% of the top floor roof area of the structure to which they are accessory: a tower, spire, cupola, chimney, elevator, penthouse, water tank, monument, theater scenery loft, and similar structures and necessary mechanical appurtenances. (Ord. 710 § 35-16.8, 1996; 1991 code § 35-16.8)

18.50.060 Performance standards.

The following performance standards shall apply to all use classifications in all zoning districts:

A. Noise. All uses and activities shall comply with the Pleasant Hill noise regulations (PHMC Chapter 9.15), and no use shall create ambient noise levels measured at the property line which exceed the standards in Schedule 18.50.060. Where noise is measured at the property line of abutting districts, the noise standard for the more restrictive district applies.

1. Duration and timing. The noise standards above shall be modified as follows to account for the effects of time and duration on the impact of noise levels:

a. In residential zones, the noise standard shall be five dB lower between 10:00 p.m. and 7:00 a.m.

b. Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the standards above by five dB.

c. Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the standards above by 10 dB.

2. Zoning administrator may require acoustic study. The zoning administrator may require an acoustic study for any proposed project which could have or create a noise exposure greater than that deemed acceptable. For any study required, noise shall be measured with a sound level meter which meets the standards of the American National Standards Institute (ANSI Section S1.4-1979, Type 1 or Type 2). Noise levels shall be measured in decibels from the property line. The unit of measure shall be designated as dB. A calibration check shall be made of the instrument at the time any noise measurement is made.

3. Noise attenuation measures. The zoning administrator may require the incorporation into a project of any noise attenuation measures deemed necessary to ensure that noise standards are not exceeded.

B. Vibration. No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site.

C. Odors. No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the property lines of a site.

D. Hazardous and extremely hazardous materials. The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and any other applicable laws.

E. Heat and humidity. Uses, activities, and processes shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the site on which they are situated, that cause significant distress, discomfort, or injury to a reasonable person.

F. Electromagnetic interference. Uses, activities, and processes shall not cause electromagnetic interference with normal radio or television reception in R districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated. (Ord. 710 § 35-16.14, 1996; 1991 code § 35-16.14)

18.50.070 Refuse storage areas.

A refuse storage area screened on all sides by a six-foot high solid wood or masonry wall, or located within a building, shall be provided before occupancy for all uses other than a single-family residence or duplex. Locations, horizontal dimensions, and general design parameters of refuse storage areas shall be as prescribed by the architectural review commission. (Ord. 710 § 35-16.16, 1996; 1991 code § 35-16.16)

18.50.080 Relocated buildings.

A minor use permit is required for relocation of any building except a single-family dwelling. The design of all relocated buildings shall be approved by the architectural review commission to ensure compatibility with its surroundings in terms of architectural character, height and bulk, and exterior appearance. (See also PHMC Chapter 14.45, House Moving.) (Amended during 2005 recodification; Ord. 710 § 35-16.18, 1996; 1991 code § 35-16.18)

18.50.090 Screening of mechanical equipment.

A. General requirement. Except as provided in subsection B of this section, all exterior mechanical equipment shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork, and transformers. Screening of the top of equipment may be required by the zoning administrator, if necessary to protect views from an R district.

B. Utility meters. Utility meters shall be screened from view from public rights-of-way, but need not be screened on top or when located on the interior side yard of a single-family dwelling. Meters in a required front yard or in a corner side yard shall be enclosed in subsurface vaults.

C. Screening specifications. Screening materials may be solid concrete, wood, or other opaque material and shall effectively screen mechanical equipment so no portion is visible from a street or adjoining lot. Screening material may have evenly distributed openings or perforations not exceeding 50% of the surface area. (Ord. 710 § 35-16.20, 1996; 1991 code § 35-16.20)

18.50.100 Sight obstructions at intersections and driveways.

A. Intersections. Visibility at street intersections shall not be blocked above a height of two and a half feet or greater above the top of the curb or three feet or greater above the edge of pavement by vegetation or structures, including but not limited to fences and walls. For standard, flat lots on local streets, where the corner forms a 90-degree angle, this restriction applies to all land within a triangular area bounded by the right-of-way lines 35 feet back from the point of their intersection (see diagram). For corner lots which are not flat, are irregularly shaped, or are adjacent to a collector street, arterial, or expressway, the director of public works and community development may impose a stricter standard in order to provide adequate visibility, comparable to that on a standard, flat lot.

B. Driveways. Visibility of a driveway crossing a street lot line shall not be blocked by vegetation or a structure, including but not limited to fences and walls of a height of two and a half feet or greater above the top of the curb or three feet or greater above the edge of pavement for a depth of 12 feet as viewed from the edge of the right-of-way on either side of the driveway at a distance of 12 feet.

SIGHT DISTANCES

(Ord. 856 § 2 (Exh. A), 2011; Ord. 745 § 5, 2000; Ord. 710 § 35-16.22, 1996; 1991 code § 35-16.22)

18.50.110 Tree preservation.

The following supplemental regulations are intended to encourage the preservation of trees throughout the community by establishing reasonable provisions for protecting heritage trees and procedures for tree removal and replacement. Unrestricted removal of trees without replacement will detrimentally affect the city’s health, safety and welfare. Specifically, removal of heritage trees will interfere with the city’s natural and scenic beauty, diminish the tempering effect of these trees on extreme temperatures and adversely impact the city’s unique character and identity.

A. Permit required. No person shall remove, relocate, or demolish a protected tree without: (1) having an approved tree preservation and replacement plan to mitigate effects of mature tree loss; and (2) obtaining a tree removal permit from the zoning administrator.

1. Protected trees. The term protected tree means any of the following:

a. Any native oak tree measuring 12 inches or larger in diameter measured at 24 inches above the ground.

b. An indigenous tree measuring 12 inches or larger in diameter measured at 24 inches above the ground. Indigenous trees include but are not limited to: Alnus Oregona (Red Alder), Acer Macrophyllum (Bigleaf Maple), Aesculus Californica (California Buckeye), Arbutus Menziesii (Madrone), Umbellularia Californica (California Bay or Laurel), Juglans Hindsii (California Black Walnut), Platanus Racemosa (California Sycamore), or Sambucus Mexicana (Elderberry).

c. A nonnative tree measuring 24 inches in diameter measured at 24 inches above the ground. Nonnative trees include eucalyptus and Sequoia Sempervirens (Coastal Redwood).

B. Exemptions. Neither a tree preservation and replacement plan nor a tree removal permit is required to remove a protected tree if:

1. Removal is determined necessary by fire department personnel actively engaged in fighting a fire or is required to prevent imminent danger to property;

2. The tree is held for sale as part of a licensed nursery business;

3. The zoning administrator determines that no economically viable use can be made of underlying or adjacent property and that every effort has been made to retain the tree;

4. A subdivider need not obtain a tree removal permit to remove, relocate or demolish a tree designated as “To Be Removed” on an approved subdivision map (tentative map or parcel map); or

5. The tree is dead or dying.

C. Tree preservation and replacement plan. A tree preservation and replacement plan shall include:

1. A map showing the location, species, state of health, size, and approximate age of all trees on the site. The trees to be removed, relocated, or demolished shall be labelled as “To Be Removed” and the plan shall indicate by notation why removal of each tree is necessary. Trees to be preserved shall be labelled as “Protected.”

2. A report from a certified arborist, licensed landscape architect, or other professional approved by the city describing the condition of existing trees and the anticipated impacts of grading and construction on the protected trees and recommending mitigation to minimize potential adverse impacts on protected trees.

3. A replanting plan prepared by a licensed landscape architect or other professional approved by the city for replacement of each tree removed.

4. A subdivision of land with protected trees shall require a tree preservation plan which shall be approved by the architectural review commission. Removal of any protected tree shall be replaced by at least two 15-gallon specimen trees for each protected tree removed.

D. Performance bond. To ensure the safety and well-being of a protected tree, each applicant for a tree removal permit shall post a cash or surety bond guaranteeing that each such tree will be protected against harm from grading or construction. The bond must be posted prior to issuance of grading permits and shall be governed by the following provisions:

1. The zoning administrator shall establish the amount of the bond which shall be equal to the estimated value of the protected trees;

2. The bond shall remain in effect for a period of five years following the date of final inspection and acceptance of the development project by the city;

3. The bond shall provide that, if within five years the city determines that due to development activity a protected tree has been removed, permanently damaged, or destroyed, the city is entitled to recover the face amount of the bond.

4. If, at the expiration of the five-year period, the city determines that the protected trees have not been removed, permanently damaged, or destroyed due to development activity, the cash bond shall be refunded or the surety bond terminated, as the case may be.

E. Heritage trees. Notwithstanding any other provisions of this chapter, a tree which is enrolled in the city’s heritage tree program may not be removed, relocated, or demolished, and no permit authorizing such action may be issued, unless the zoning administrator determines that there exists a hazard to property or danger of disease or infection to surrounding healthy trees.

1. Eligibility. Any tree in the city with a trunk diameter of 16 inches or more or any tree grouping in the city with at least one tree of this diameter is eligible for enrollment in the heritage tree program, with the consent of the property owner.

2. Enrollment. The zoning administrator shall review and approve applications for enrollment in the heritage tree program unless an eligible tree or tree grouping is unhealthy and cannot be saved. Upon approval of an application, the zoning administrator shall:

a. Record the location and the plant number of each tree or tree grouping;

b. Obtain a color photograph of the tree or tree grouping at the time of its enrollment;

c. Affix a plaque on the tree or tree grouping identifying:

i. The scientific name of the tree(s);

ii. The common name of the tree(s);

iii. The plaque number (i.e., Heritage Tree No. ____); and

iv. The name of the owner.

d. Award a certificate to each property owner enrolling a tree or tree grouping in the program, expressing the appreciation of the city and its citizens.

F. Conditions. The zoning administrator may impose reasonable conditions of approval of a tree removal permit, consistent with the purposes of this chapter, to ensure safe and unobtrusive tree removal, tree replacement, relocation, and demolition. (Ord. 710 § 35-16.24, 1996; 1991 code § 35-16.24)

18.50.120 Underground utilities.

All electrical, telephone, cable television, and similar distribution lines providing direct service to a development site shall be installed underground within the site. (Ord. 710 § 35-16.28, 1996; 1991 code § 35-16.28)

18.50.130 Water-conserving landscape design and development.

Repealed by Ord. 858. (Ord. 710 § 35-16.30, 1996; 1991 code § 35-16.30)

18.50.140 Medical marijuana dispensaries.

Medical marijuana dispensaries are prohibited in all base zoning districts and overlay zoning districts. (Ord. 819 § 5, 2007)

18.50.150 Creek setbacks.

A. Regulation. No person may place a structure (as defined in subsection B of this section), perform grading, or place fill material in a creek setback area unless:

1. The property is adjoining a concrete channel owned by a public agency; or

2. The structure, grading or fill was legally existing as of February 24, 2010. Such a structure, grading or fill may be replaced in kind if the property owner obtains a building permit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a use permit under PHMC § 18.65.030.C; or

3. The property qualifies for an exception under subsection C of this section.

B. Definitions. In this section:

Creek means any one of the creeks in the city as shown on the “City of Pleasant Hill Creek System” map, on file in the public works division.

Creek setback area means a setback area measured from the top of the creek bank, as follows. This regulation applies whether or not the creek is on the property.

(The depth of the creek bed is measured at its deepest point to a point level with the top of creek bank.)

Structure means: a structure as defined in PHMC § 18.140.010. Examples of structures include, but are not limited to: a house addition or second unit; garage; swimming pool or hot tub; arbor; shed; deck; retaining wall; and wall of concrete, masonry or stone.

For purposes of this section, structure does not include any of the following:

1. Structures not attached to the ground or needing a foundation (such as a play structure, dog house, bench or table);

2. A fence/wall not over six feet high (the fence/wall shall be constructed with at least 75% of the fence/wall open to allow the passage of light and air);

3. Flatwork (such as a patio or walkway) less than three inches thick and not used to support another structure;

4. Landscaping;

5. Existing structures legally built before the adoption of this section;

6. Structures prohibited by other regulations (see subsection D of this section).

If any uncertainty exists, the zoning administrator shall determine whether or not a structure is regulated. (PHMC § 18.10.040.A)

The top of the creek bank means the highest edge of the creek channel at the location where the structure, grading or fill is proposed, as determined by the director of public works and community development.

TOP OF CREEK BANK

C. Creek setback exceptions.

1. City engineer determination. The city engineer shall approve an exception if all the following conditions exist:

a. The property is not located in either a 100- or 500-year floodplain as shown on the current FEMA flood insurance rate map;

b. The property is not a “repetitive loss property” as defined by FEMA;

c. The depth of the water in the creek during an average winter storm is less than two feet; and

d. The creek channel has sufficient capacity to carry storm water without flooding adjacent properties in the event of a creek bank failure.

The city engineer’s determination is ministerial, based on the facts of each case. It does not require a public hearing and there is no appeal. An applicant who disagrees with the determination may request a zoning administrator decision under subsection C.2 of this section.

2. Zoning administrator exception. The zoning administrator may approve an exception to the requirements of subsection A of this section, on the recommendation of the city engineer, under the following procedure:

a. General procedures – Application; fee; hearing; decision; appeal. An applicant for a creek setback exception shall file an application with the planning division, together with information required by the city engineer under subsection C.2.b of this section and an application fee in an amount established by city council resolution. The zoning administrator shall hold a noticed public hearing within 30 days after receiving a completed application. The zoning administrator shall render a decision in writing within five working days of the close of the hearing. The decision of the zoning administrator may be appealed as provided in PHMC § 18.130.010.

b. Application information. Information provided for an exception request shall include the following items at the discretion of the city engineer:

i. A topographical survey of the lot precisely showing the creek bed, creek bank, top of bank and proposed and existing structures;

ii. A soils report prepared by a licensed civil engineer specializing in soils analysis which describes the soils condition for the proposed structure and analyzes and makes recommendations as to the creek bank stability and erosion hazard;

iii. Certification by the engineer who prepares the soils report that in the professional opinion of the engineer there is no likelihood of a hazard to persons or property resulting from the proposed construction; and

iv. Structural calculations, hydraulic calculations, or other data as deemed necessary by the city engineer.

c. Zoning administrator findings – Conditions.

i. Findings. The zoning administrator may approve an exception to the creek setback requirement if he or she makes all of the following findings:

(A) The proposed structure does not violate any other city, state or federal regulations (see subsection D of this section);

(B) The proposed structure is not likely to be detrimental to creek stability; and

(C) The property is not located within a special flood hazard area as defined in PHMC § 15.15.050, or, if the property is located within a special flood hazard area, the proposed structure complies with the standards of construction set forth in PHMC Chapter 15.15 (Flood Damage Prevention).

ii. Conditions. In approving an exception, the zoning administrator may impose conditions deemed necessary for creek-side erosion protection and on-site drainage, including the requirement that the property owner enter into an agreement holding the city and other public agencies harmless in the event of flood or erosion damage to any property. The agreement shall be in a form acceptable to the city attorney, be recorded, and bind successors in interest.

D. Other regulations. Construction, development or work within a creek setback area may also be subject to other regulations and guidelines which could result in a larger setback, including but not limited to:

1. City regulations.

a. Zoning district side or rear yard setbacks from the property line, for structures and accessory structures (PHMC § 18.20.050 and Schedules 18.20.030 and 18.25.030);

b. Design guidelines adopted by the city council;

c. California building codes under PHMC Title 14;

d. Grading ordinance (PHMC Chapter 15.10);

e. Requirements applicable in a special flood hazard area under PHMC Chapter 15.15 (Flood Damage Prevention);

f. Erosion protection and water quality requirements under PHMC Chapter 15.05 (Stormwater Management and Discharge Control); and

g. Mitigation measures under the California Environmental Quality Act.

2. Other agency requirements.

a. California Department of Fish and Game.

b. San Francisco Bay Regional Water Quality Control Board.

c. U.S. Army Corps of Engineers.

d. Federal Emergency Management Agency (FEMA).

e. U.S. Fish and Wildlife Service. (Ord. 844 § 2, 2010)