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 nonresidential 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. 17-1433 § 4 (Exh. A), 2017; 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 lowest adjacent grade within 18 inches.

The height of any fence separated by a distance of at least 18 inches from the inside face of a retaining wall shall be measured from finished grade at the base of the fence.

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

1. Side and rear: six feet.

B. R District Maximum Height Within a Required Yard.

2. Front and corner side of a reverse corner lot: four and one-half feet;

3. Front yard of a key lot: four and one-half feet. 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 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. 23-1509 §§ 22, 23, 2023; 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.

A. As used in this section, “electric fence” or “electric fencing” means any fence and appurtenant devices, including, but not limited to, fences and devices used in animal control, and including, but not limited to, a fence consisting of a single strand of wire supported by posts or other fixtures, which has an electrical charge or is connected to a source of electrical current and which is so designed or placed that a person or animal coming into contact with the conductive element of the fence receives an electrical shock.

B. The construction and use of electric fencing shall be allowed in the city only as provided in this section, subject to the following requirements:

1. Use Permit Required. The planning commission shall conduct a public hearing and consider each request to install an electric fence. No electric fence shall be installed or used unless its installation or use is approved by the planning commission. Such a permit may be issued under the following provisions:

a. The planning commission must make findings that the installation or construction of an electric fence and perimeter 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.

b. In approving the permit, the planning commission may impose such conditions deemed necessary to protect the interests of the surrounding area or neighborhood, in line with the standards prescribed in this article and with the general plan.

2. Electric fence permit applications must include the following:

a. Site plan indicating the location of the electric fence and perimeter fence.

b. Schematics indicating or displaying the location of the power source and load calculations; materials used for the fence construction; location of the regulating and monitoring equipment; and location of emergency access, key box and cutoff switch.

c. Proof of liability insurance, as required by this article.

3. Electrification – IEC Standards. Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76.

4. Conditions for Installation.

a. Location. Electric fences shall be permitted only on properties located in CS, CSD and I districts, but shall not be installed on any property line that adjoins the property with other property located in a CP, CN, CO, CC, M, GQ, R, HPD or residential PD district. Electric fences are prohibited within 25 feet of any outdoor area utilized for the storage, use, or handling of hazardous materials as defined in the California Fire Code. Electric fences are prohibited inside of a building and within the front or corner side yard of a lot.

b. Perimeter Fence or Wall. No electric fence shall be installed or used unless it is completely surrounded by a nonelectrified fence or wall that is not less than eight feet high. The perimeter fence shall be solid, without spaces or gaps, and separated from the electrified fence by a maximum of eight inches. No part of a perimeter fence shall be allowed to be in contact with the electric fence. The area between the perimeter wall or fence and the electric fence, as well as any area within two feet of the electric fence, shall be paved with gravel or concrete and kept clear of landscaping, weeds, shrubbery, trash, other fences or material of any kind. Perimeter fences or walls shall be view-obscuring and shall be a masonry or concrete wall, wood privacy fence, or an equivalent solid barrier fence.

c. Height. The height of electric and perimeter fences shall comply with PMC 18.84.205(C)(2).

d. Warning Signs. Electric fences shall be clearly identified with warning signs prepared in English and Spanish that read, “Warning: Electric Fence,” above or alongside universal symbols that indicate the presence of an electrified fence. Such signage shall be installed on the perimeter fence at intervals of not less than 30 feet. The size of the warning signs shall be no smaller than 12 inches by 18 inches. The warning signs shall be kept in good condition to ensure visibility and readability.

e. Registration of Alarm System. Electric fencing installed with an alarm system, as defined in PMC 9.24.020, shall be installed in compliance with all applicable provisions of Chapter 9.24 PMC, including but not limited to registration of the alarm agent and alarm system, technical standards and regulations applicable to audible alarms. Failure to comply with the applicable provisions of Chapter 9.24 PMC will result in enforcement of penalties pursuant to that chapter, and shall provide grounds for denial or revocation of the requisite use permit for the electric fence.

f. Key Box. A “Knox Box electrical shunt switch” and a “Knox Box” or other similar approved device shall be installed for emergency access of police and fire departments.

g. Hours of Activation. An electric fence shall only be energized during the hours when the general public does not have legal access to the protected property and shall be maintained by an automatic timer.

h. Energizer. The electric charge produced by the fence upon contact shall not exceed energizer characteristics described in paragraph 22.108 of IEC Standard 60335-2.76. The electric fence shall be energized by battery not to exceed 12 volts direct current, and the impulse repetition rate of the charge shall be no more frequent than one cycle per second.

5. Liability. The owner of the electric fence and the property owner(s), if different, are each required to carry general liability insurance in a minimum amount of $1,000,000 in the aggregate. Proof of insurance shall be required as a condition precedent to securing a use permit as required in this section. A failure to maintain proof of insurance and to provide evidence of such insurance to the city annually or more frequently as may be requested by the city planner shall be grounds for denial or revocation of the permit. Proof of insurance shall be underwritten by an organization licensed and authorized to do business in the state of California.

6. Indemnification. All applicants issued permits to install or use an electric fence as provided in this article shall agree, as a condition of permit issuance, to defend, indemnify and hold harmless the city of Pittsburg and its agents, officers, consultants, independent contractors and employees from any and all claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electric fence.

7. Emergency Access. In the event that access by the Contra Costa County fire protection district or city of Pittsburg police department personnel to a property where a permitted electric fence has been installed and is operating is required due to an emergency or urgent circumstances, and the Knox Box or other similar approved device referred to in this article is absent or nonfunctional, and an owner, manager, employee, custodian or any other person with control over the property is not present to disable the electric fence, fire or police personnel are authorized to disable the electric fence in order to gain access to the property. As a condition of permit issuance, all applicants issued permits to install or use an electric fence as provided in this article shall agree in writing to waive any and all claims for damages to the electric fence against the Contra Costa County fire protection district, city of Pittsburg and their personnel under such circumstances. [Ord. 14-1387 § 3, 2014; 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, which is a place of business containing four or more amusement devices, including manually or coin or token or slug operated viewing or electronic or video game machines or other amusement devices (excluding juke boxes). [Ord. 14-1380 § 6, 2014; 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 Prohibition on simulated gambling devices.

Under no circumstance, as a primary, permitted or accessory use, shall any game center be allowed to operate simulated gambling devices as defined in Chapter 9.26 PMC. [Ord. 14-1380 § 7, 2014; Ord. 979 § 2 (Exh. A), 1990.]

18.84.260 Hours of operation for minors.

Repealed by Ord. 14-1380. [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 alcoholic beverage establishment. 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 alcoholic beverage establishment, as the case may be. [Ord. 15-1390 § 3 (Exh. C), 2015; 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.). These regulations are deemed to be at least as effective in conserving water as the model ordinance adopted by the California Department of Water Resources and is consistent with Title 23, Division 2, Chapter 2.7 of the California Code of Regulations and Section 65595(c) of the California Government Code. [Ord. 20-1475 § 2, 2020; 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.

“Automatic irrigation controller” means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

“Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

“Certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization, or other program such as the U.S. Environmental Protection Agency’s Water Sense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program.

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

“Check valve,” or “anti-drain valve,” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

“Compost” means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

“Conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year.

“Drip irrigation” means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

“Effective precipitation,” or “usable rainfall,” or “EPPT” means the portion of total precipitation which becomes available for plant growth.

“Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.

“Established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Most plants are established after one or two years of growth.

“Estimated total water use” (ETWU) 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) x ETAF x Area

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; and ETAF is “ET adjustment factor,” which means a factor of 0.55 for residential areas and 0.45 for nonresidential areas when applied to reference evapotranspiration, adjusting for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (nonrehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing nonrehabilitated landscapes is 0.8, and area, in square feet, of all landscape areas on a site.

“ET adjustment factor” (ETAF) is defined under “Estimated total water use.”

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

“Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour or cubic feet per second.

“Flow sensor” means an in-line device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also be functional as a landscape water meter or submeter.

“Friable” means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planning material requirements, whereby the root structure of a newly planted material will be allowed to spread unimpeded.

“Fuel modification plan guidelines” means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a wildland urban interface fire hazard zone.

“Graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Graywater includes wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.

“Hydrozone” shall mean an area in a landscape with similar sun exposure, irrigation precipitation rate, soil conditions, root depth, 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 (residential) =

(45.4) x (0.62) [(0.55 x LA) + (0.45) x SLA)]

MAWA (nonresidential) =

(45.4) (0.62) [(0.45 x LA) + (0.55) x SLA)]

MAWA (existing landscape) =

(0.8)(45.4)(LA)(0.62)

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. In mixed use developments, the total MAWA for the project shall be the sum of the MAWA calculated individually for the portion of the irrigated landscape area associated with residential use classifications and the portion of the irrigated landscape area associated with all other uses.

“Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

“Overhead sprinkler,” “overhead spray,” “spray heads,” and “rotors,” means systems that deliver water through the air.

“Plant factor” is a factor that, when multiplied by the evapotranspiration rate, estimates the amount of water needed by plants, as specified on WUCOLS. The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water using plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

“Rain sensor” means a component which automatically suspends an irrigation event when it rains.

“Recycled water” or “reclaimed water” means treated or recycled wastewater of a quality suitable for nonpotable uses. This water is not intended for human consumption.

“Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch-tall, cool-season grass that is well watered.

“Rehabilitated landscaping” means modified landscape area equal to or greater than 2,500 square feet.

“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. Special landscape areas and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.

“Sprinkler head” and “spray head” mean a device which delivers water through a nozzle.

“Submeter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

“Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

“Turf” means a ground cover 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.

“Valve” means a device used to control the flow of water in the irrigation system.

“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 of Landscape Species, published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000. [Ord. 20-1475 § 2, 2020; Ord. 10-1341 § 3 (Exh. A), 2010.]

18.84.305 Applicability.

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

A. New construction projects with an aggregate landscape area equal to or greater than 500 square feet.

B. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet.

C. 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.

D. Prescriptive Compliance. Any project with an aggregate landscape area of 2,500 square feet or less, or any project using treated or untreated graywater or rainwater captured on site, shall be subject to the provisions specified in PMC 18.84.332 as an alternate to the water-efficient landscaping standards listed under PMC 18.84.310.

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;

3. Community gardens, botanical gardens and arboretums open to the public;

4. Ecological restoration projects that do not require a permanent irrigation system; or

5. Mined-land reclamation projects that do not require a permanent irrigation system. [Ord. 20-1475 § 2, 2020; 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 at the time of application. 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. 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. 20-1475 § 2, 2020; 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. Any plant may be selected for the landscape, providing the estimated total water use in the landscape area does not exceed the maximum applied water allowance;

2. Proposed plant species shall promote protection and preservation of native species and natural vegetation;

3. Selected plant species shall encourage water-conservation plant, tree and turf species, especially local native plants;

4. Plant material shall be selected for energy efficiency and drought tolerance, adaptability and relationship to the city’s climatic, soil, geological and topographical conditions and use the Sunset Climate Zone System which takes into account temperature, humidity, terrain, latitude and varying degrees of continental and marine influence on local climate;

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

6. Select plants with horticultural attributes to minimize damage to property or infrastructure;

7. Turf shall not be planted on slopes steeper than 25 percent, where the toe of the slope is adjacent to an impermeable hardscape and where 25 percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 – slope percent);

8. 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, a rain sensor, evapotranspiration data or soil moisture sensor data, along with other site information, to adjust the irrigation schedule on a daily basis and suspend irrigation during rain;

2. Specify technology and practices to prevent runoff, low head drainage, overspray, or other water waste where water flows beyond the irrigated landscape area;

3. Specify drip or other subsurface irrigation system in lieu of overhead irrigation within 24 inches of any nonpermeable surface unless the nonpermeable surface drains directly into the planting area being irrigated; within any planting area that is narrower than 10 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. Overhead spray irrigation devices shall not be located on the same irrigation valve circuit as low-volume irrigation devices. Overhead spray irrigation devices located on the same irrigation valve circuit shall have matched precipitation rates. Any sprinkler heads or other emission devices that have matched precipitation rates shall be specified 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 for overhead spray irrigation devices 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. Master shut-off valves are required on all irrigation systems at the point of connection to the domestic water supply. 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. Irrigation valve circuits shall be grouped by hydrozone and 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;

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;

10. A landscape water meter is required for irrigated landscape areas greater than 5,000 square feet in area when associated with a residential use classification, and for irrigated landscape areas greater than 1,000 square feet in area when associated with any other use;

11. If the water pressure within the irrigation system is below or exceeds the recommended pressure of the irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each irrigation device is within the manufacturer’s recommended pressure range for optimal performance;

12. A backflow prevention device shall be provided to protect the water supply from contamination by the irrigation system;

13. A flow sensor that detects high flow conditions created by system damage or malfunction is required for irrigated landscape areas greater than 5,000 square feet in area when associated with a residential use classification, and for all irrigated landscape areas associated with any other use;

14. All irrigation devices must meet the requirements set in the American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 Landscape Irrigation Sprinkler and Emitter Standard. All overhead spray irrigation devices must have a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014;

15. Swing joints or riser protection devices shall be used for all overhead spray irrigation devices and aboveground rigid piping that is located within 12 inches of all turf areas, sidewalks and walkways, roads and driveways, bicycle trails, playgrounds, and other areas which are subject to pedestrian, bicycle or automobile traffic;

16. All irrigation valve circuits located on slopes greater than 10 percent, or which include spray irrigation devices, shall be equipped with check valves or anti-drain valves that will retain water in the lateral lines after the irrigation system has completed its watering cycle.

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. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

D. Grading, Mulch 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 according to the recommendations of the soil report in order 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;

5. Specify a minimum three-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;

6. Specify up to five percent of the landscape area may be left without mulch to provide for beneficial insects and other wildlife. Designated insect habitat must be included in the landscape design;

7. Include stabilizing mulching products on slopes;

8. Include organic mulch made from recycled or post-consumer materials rather than inorganic materials or virgin forest products, unless the recycled post-consumer organic products are not locally available or where prohibited by local fuel modification plan guidelines;

9. Transform compacted soils and amended planting holes on engineered slopes into a friable condition prior to planting of materials;

10. Specify use of compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top of six inches of soul are exempt from adding compost and tilling. [Ord. 20-1475 § 2, 2020; 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 ground cover 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 ground cover 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. High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

L. 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 subject to the standards listed in PMC 18.84.310(D), soil amendments, soil preparation, watering specifications, native seed mix containing a minimum of 10 percent shrub and perennial seeds, and seed mix application rate.

M. 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.

N. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable provisions of the Pittsburg Municipal Code.

O. Water runoff is prohibited from leaving the landscape area due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated area, walks, roadways, parking lots, or structures. The city planner may waive the requirement for containing water runoff on site as required by this section; provided, that:

1. The landscape area is adjacent to permeable surfacing and no runoff occurs; or

2. The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping. [Ord. 20-1475 § 2, 2020; 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:

1. The landscape plan shall identify boundaries of each hydrozone and special landscape area, labeled by hydrozone as high, moderate, low, or very low water use;

2. Location, type of mulch and application depth;

3. Location of recreational areas;

4. Location of areas permanently and solely dedicated to edible plants;

5. Location of areas irrigated with rainwater captured on site, graywater, and/or recycled water;

6. Identify soil amendments, type, and quantity;

7. Type and surface area of all water features.

D. The landscape plan shall conform to the grading design shown on the project grading and drainage plans. Landscape planting and irrigation shall comply with the design guidelines and plant recommendation as published in the applicable edition of the Contra Costa County Clean Water Program Stormwater C.3 Guidebook. [Ord. 20-1475 § 2, 2020; 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. For new construction and rehabilitated landscape projects installed after December 1, 2015, the project applicant shall submit an irrigation audit report prior to building permit issuance. 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. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. 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. In large projects, or projects with multiple landscape installations, an auditing rate of one in seven lots or approximately 15 percent will satisfy this requirement.

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. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency. [Ord. 20-1475 § 2, 2020; 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 and auditing 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 and dethatching turf areas;

D. Replenishing mulch and topdressing compost;

E. Seasonal pruning and fertilizing;

F. Weeding in all landscaped areas;

G. Removing obstructions to irrigation emission or exhaust devices; and

H. Irrigation Scheduling. Irrigation schedules shall meet the following criteria:

1. Operation of the irrigation system shall be regulated by automatic irrigation controllers;

2. All irrigation schedules shall be developed and managed to utilize the minimum amount of water required to maintain plant health;

3. Overhead spray irrigation devices shall not be used between the hours of 10:00 a.m. and 8:00 p.m.;

4. Where available, the applicant is strongly encouraged to consult with the domestic water purveyor when developing the irrigation schedule. [Ord. 20-1475 § 2, 2020; 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 December 1, 2015.

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 analyses, 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. 20-1475 § 2, 2020; 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.

D. Property owners and tenants are strongly encouraged to utilize resources and services meant to increase water use efficiency, such as irrigation surveys and landscape water use analyses offered by the water utility providing service to the property upon which the irrigated landscape area is located. [Ord. 20-1475 § 2, 2020; Ord. 10-1341 § 3 (Exh. A), 2010.]

18.84.331 Local agency responsibility.

The city may designate by mutual agreement with a water utility to implement some or all of the requirements contained in this article. The city may collaborate with water utilities to define each entity’s specific responsibilities relating to this article. [Ord. 20-1475 § 2, 2020.]

18.84.332 Prescriptive compliance option.

In lieu of the full performance requirements of the landscaping, irrigation and hydroseeding regulations, this alternative option is available for new development projects. In order to use the prescriptive compliance option, compliance with the following items is mandatory and must be documented on a landscape project application submittal as specified on PMC 18.84.308 with a prescriptive compliance checklist in a form provided by the city planner:

A. Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area. Plant material shall comply with all of the following:

1. For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75 percent of the plant area excluding edibles and areas using recycling water; or

2. For nonresidential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 100 percent of the plant area excluding edibles and areas using recycled water;

3. A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting ground covers, or direct seeding applications where mulch is contraindicated.

B. Turf shall comply with the following:

1. Turf shall not exceed 25 percent of the landscape area in residential areas, and there shall be no turf in nonresidential areas;

2. Turf shall not be planted on sloped areas which exceed a slope of one foot vertical elevation change for every four feet of horizontal length;

3. Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles;

4. Any turf in parkways must be irrigated by subsurface irrigation or by other technology that creates no overspray or runoff.

C. Irrigation systems shall comply with the following:

1. Automatic irrigation controllers are required and must use evaporated transpiration or soil moisture sensor data and utilize a rain sensor;

2. Irrigation controllers shall be a type which does not lose programming data in the event the primary power source is interrupted;

3. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure range;

4. Manual shut-off valves shall be installed as close as possible to the point of connection of the water supply;

5. All irrigation emission devices must meet the requirements set in the ANSI standards ASABE/ICC 802-2014 (Landscape Irrigation Sprinkler and Emitter Standard);

6. All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014;

7. Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray;

8. For nonresidential projects with landscape areas of 1,000 square feet or more, a private submeter(s) to measure landscape water use shall be installed. [Ord. 20-1475 § 2, 2020.]

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.

Temporary outdoor sales or storage are subject to the permit requirements outlined by the base district land use regulations applicable to the site. Outdoor sales and storage for uses other than for a temporary period of time require a use permit in those applicable base districts unless otherwise 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. Outdoor preparation of food or beverages for a temporary period of time may only be permitted in conjunction with a temporary activity permit or special event permit, subject to approval from Contra Costa County Health Department. A use permit, temporary activity permit or outdoor dining permit, for outdoor storage, display or food service, may require yards (PMC 18.06.745), screening, or planting areas necessary to prevent adverse impacts on surrounding properties and to 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. 21-1498 § 10, 2021; Ord. 15-1390 § 3 (Exh. C), 2015; Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 979 § 2 (Exh. A), 1990.]

18.84.435 Exceptions.

Permanent outdoor storage and/or display is permitted in conjunction with the following use classifications in a district where the primary use 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;

G. General merchandise, retail sales and rental uses in the CP district. One outdoor display rack for products sold within the facility may be placed outside the business during the hours of operation. The display rack shall be no more than three feet wide and no portion shall be placed within the public right-of-way without first obtaining an encroachment permit, in accordance with Chapter 12.01 PMC. [Ord. 15-1390 § 3 (Exh. C), 2015; 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 existence 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. 15-1390 § 3 (Exh. C), 2015; 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 of reverse vending machines or recycling facility, without first obtaining a permit as may be required by the base district land use regulations. [Ord. 15-1390 § 3 (Exh. C), 2015.]

18.84.570 Application procedure and fees.

A person desiring to place, construct or operate a collection facility that requires a use permit to be issued by either the planning commission or the zoning administrator must file an application with the planning department. The application must be on a form prescribed by the city planner and accompanied by the required fee set by resolution of the city council. [Ord. 15-1390 § 3 (Exh. C), 2015; 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 make each of the findings set forth in PMC 18.16.040, and find that the facility meets the following standards as applicable:

1. The facility 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. The facility 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. The facility must be set back at least 20 feet from the closest public right-of-way or public sidewalk and not obstruct pedestrian or vehicular circulation;

4. The facility 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 Contra Costa County fire protection district;

5. The facility may not use power-driven processing equipment except for reverse vending machines;

6. The facility 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 at one location must be all the same color (white or some other subdued color);

8. The facility 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. The facility 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 and left clean at the end of each collection day;

10. The facility 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 and 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 it must be screened with landscaping, fencing or walls in a manner to provide an aesthetic quality compatible with surrounding structures.

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. 15-1390 § 3 (Exh. C), 2015; 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.]

Article XVIII. Emergency Shelters

18.84.800 Purpose.

The regulations in this article are intended to facilitate the establishment of emergency shelters and provide objective procedures and standards. An emergency shelter that meets the development standards set forth in this article shall be approved ministerially and without discretionary review or a public hearing. [Ord. 12-1356 § 3 (Exh. A), 2012.]

18.84.810 Standards for emergency shelters.

A. Occupancy. The maximum number of beds or persons permitted to be served nightly by the facility shall not exceed 25 beds or persons.

B. Length of Stay. Occupancy for an individual in an emergency shelter is limited to six consecutive months.

C. Management Plan. Prior to the establishment of the use, the operator of the emergency shelter must submit to the city development services department a written management plan. At a minimum, the management plan shall include and address the following:

1. Procedures for staff training to meet the needs of the shelter residents, and have processes to address the following topics: client intake, confidentiality, health and safety training, mental health, and substance abuse treatment and referrals;

2. Operational rules and standards of conduct for residents;

3. Policies and procedures for eviction from the facility for violation of rules and standards of conduct;

4. A detailed safety and security plan to protect shelter residents and surrounding uses;

5. A process for resident screening and identification;

6. Provisions for on-site or partnerships with off-site organizations to provide job training, counseling, and treatment programs for the residents;

7. Services to assist residents with obtaining permanent shelter and income;

8. Policies regarding pet care and boarding during residents’ stay at the facility;

9. If applicable, timing and placement of outdoor activities;

10. Location within the facility for temporary storage of residents’ personal belongings;

11. Provisions for continuous on-site supervision during hours of operation. Specifically, there shall be a minimum of one staff person per eight clients during waking hours, 7:00 a.m. to 10:00 p.m., and a minimum of two staff people at the facility during nonwaking hours, 10:00 p.m. to 7:00 a.m.;

12. If applicable, procedures for ensuring safety and security of women and children within the facility.

D. Distance between Emergency Shelters. There shall be a minimum distance of 300 feet between emergency shelters.

E. Common Facilities and Services. An emergency shelter may include the following facilities and services as ancillary to the emergency shelter use:

1. Commercial kitchen facilities;

2. Dining area;

3. Laundry room;

4. Recreation or meeting room;

5. Outdoor recreational spaces; provided, that the space is located within a building interior courtyard or is enclosed by a building, fence, landscaping or some combination thereof to secure the space and ensure that it is not accessible to the general public;

6. Support services (counseling, job training, and other social and medical services);

7. Animal boarding and related veterinary services;

8. Child care facilities for current residents of the facility.

F. Client Intake Areas. An enclosed or screened intake area shall be provided within the emergency shelter building. The intake area shall be a minimum of 100 square feet in size. The intake hours shall be posted clearly on the doors to the emergency shelter.

G. Parking. Each emergency shelter shall have a minimum of two off-street parking spaces.

H. Lighting. Exterior lighting shall be located along all pedestrian pathways, parking lots, common outdoor areas and at the front of the building. All lighting shall be maintained in good operating condition.

I. Refuse Storage Areas. Each emergency shelter must have access to or construct a refuse collection facility that is consistent with the design standards set forth in PMC 18.80.035, Refuse storage areas.

J. Building and Site Maintenance. In accordance with PMC 18.82.050, Property maintenance, each exterior must be kept in a good state of repair and the exterior finish must be clean and well maintained. Further, each site shall be kept in a neat and orderly manner, free of weeds, loose trash, debris and other litter including but not limited to shopping carts.

K. Outdoor Activity. Organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 10:00 p.m. [Ord. 12-1356 § 3 (Exh. A), 2012.]

18.84.815 Development regulations for emergency shelters.

Except as otherwise set forth in this chapter, all new construction shall comply with the land use regulations for the underlying district in which the emergency shelter will be located. [Ord. 12-1356 § 3 (Exh. A), 2012.]

18.84.820 Design review of emergency shelters.

Construction of a new structure and exterior modification of an existing structure that requires zoning approval as defined in Chapter 18.32 PMC, except for installation of signage, shall require design review approval in accordance with Chapter 18.36 PMC. [Ord. 12-1356 § 3 (Exh. A), 2012.]

Article XIX. Tree Preservation
and Protection

18.84.825 Purpose and intent.

The purpose of this article is to promote the health, safety, welfare, and quality of life of the residents of the city through the protection of specified trees located on private property within the city, and the establishment of standards for removal, maintenance, and planting of trees. In establishing these procedures and standards, it is the city’s intent to encourage the preservation of trees. [Ord. 15-1390 § 3 (Exh. A), 2015.]

18.84.830 Applicability.

The provisions of this article shall apply to the removal or relocation of any protected tree, as defined by PMC 18.84.835, in all zoning districts on property other than city-owned property in the city of Pittsburg. This shall include tree removal or relocation on undeveloped property in order to facilitate development, and removal or relocation on developed property to facilitate building construction, expansion, renovation, or other property improvements. The provisions of this article shall not apply to the removal or relocation of street trees, as governed by Chapter 12.32 PMC. [Ord. 15-1390 § 3 (Exh. A), 2015.]

18.84.835 Definitions.

A. “Arborist, certified or consulting” means a person maintaining current certification by the Western Chapter of the International Society of Arboriculture as an expert on the care of woody trees, shrubs and vines in the landscape; a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or such other arborist who, after review by the city planner, is determined to meet the standards established for certified or consulting arborists herein described.

B. “Arborist report” means a report prepared by a certified or licensed arborist, which report addresses the possible impact of development on trees or existing tree condition; the impact of any alteration; or restorative or other remedial action that might be feasible to address tree alterations.

C. “Development project” means any project undertaken for the purpose of development, including a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

D. “Drip line” means the generally circular shape formed by the outermost points on branches of a tree projected to the ground plane.

E. “Grade” means the vertical location of the ground surface.

F. “Protected tree” is defined as any of the following:

1. A California native tree, as identified in the Calflora online database of wild California plants, that measures at least 50 inches in circumference (15.6 inches diameter) at four and one-half feet above grade, regardless of location or health; or

2. A tree of a species other than a California native that measures at least 50 inches in circumference at four and one-half feet above grade and is either on an undeveloped property, located on public property or within the right-of-way, or located on private property and is found to provide benefits to the subject property as well as neighboring properties, subject to determination by the city planner; or

3. A tree required to be planted, relocated, or preserved as a condition of approval of a tree removal permit or other discretionary permit, and/or as environmental mitigation for a discretionary permit.

G. “Routine pruning” means the removal of dead or dying, diseased, weak or objectionable branches of a tree in a reasonable and scientific manner that does not structurally harm the tree.

H. “Shrub” means a woody plant of relatively low height, distinguished from a tree by having several stems rather than a single trunk.

I. “Street tree” means a tree planted or growing within a public right-of-way, public easement, street, alley, road or way within the city.

J. “Topping” means the removal of the upper 25 percent or more of a tree’s trunk(s) or primary leader.

K. “Tree” means a large woody perennial plant with one or more trunks, branches and leaves, not including shrubs shaped to tree forms.

L. “Tree removal” means the destruction of any protected tree by cutting, grading, girdling, interfering with water supply, applying chemicals or by any other means.

M. “Tree removal permit” means a written or printed authorization issued by the zoning administrator, planning commission or city council, as applicable.

In any case, the city planner shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub. [Ord. 15-1390 § 3 (Exh. A), 2015.]

18.84.840 Prohibition.

No person shall cut down, destroy, remove or relocate any protected tree growing on property other than city-owned property or public right-of-way within the city limits, except as allowed under this article. [Ord. 15-1390 § 3 (Exh. A), 2015.]

18.84.845 Permit required.

A. A protected tree may only be removed, including a cut-down, destruction, removal or relocation of any protected tree growing on property other than city-owned property or other public right-of-way within the city limits, upon approval of a tree removal permit issued by the zoning administrator, planning commission or city council, as applicable.

B. The removal or relocation of a protected tree is exempt from the provisions of this article in the following circumstances:

1. In cases of emergency when a tree is hazardous or dangerous to life or property, it may be removed by order of the chief of police, by the chief of the Contra Costa County fire protection district, by the zoning administrator, director of community and economic development or his or her designee, or by the director of public works or his or her designee;

2. Any tree whose removal was specifically approved as a part of an approved development plan, subdivision, other discretionary project or a building permit, approved prior to the effective date of the ordinance codified in this chapter. [Ord. 23-1509 § 24, 2023; Ord. 15-1390 § 3 (Exh. A), 2015.]

18.84.850 Tree removal permit procedure and requirements.

A. Timing. Any person desiring to cut down, destroy, remove or relocate one or more protected trees on any privately owned property in the city shall file an application for a tree removal permit with the city planner. If the tree removal involves development, the application shall be submitted and combined with the initial application for approval of the development and shall be considered together with the review and decision on the development application.

B. Contents of Application. The application for a tree removal permit shall contain the following:

1. Precise number, species, size and location of the tree or trees to be cut down, destroyed or removed and a brief statement of the reason for removal;

2. The signature of the property owner(s) authorizing such removal and the signature of the person performing the work, if different than the property owner(s) and if known at the time of the application;

3. An arborist report including a tree survey plan specifying the precise location and drip line of all existing trees on or in the vicinity of the property. The tree survey plan shall also indicate the precise location of existing and proposed buildings and easements within 25 feet of the drip line of the trees, and the plan shall include existing and proposed grades adjacent to these trees along with underground utility services, sub-drains, water, sewer, irrigation and lighting. The arborist report shall also include a table that identifies each tree by number along with its size, species (including a statement as to whether or not it is a California native species) and whether it is proposed to be saved or removed. The city planner may waive the requirement for an arborist’s report if the city planner determines that circumstances do not warrant such a report.

4. The applicant shall propose the time and manner in which the removed tree(s) will be replaced, subject to the requirements of this article.

5. A biological report or statement for any trees that may serve as potential habitat for any candidate, sensitive or special status species identified in any local or regional plans, policies or regulations, or by the California Department of Fish and Wildlife or the United States Fish and Wildlife Service. The city planner may waive this requirement if the city planner determines that the circumstances do not warrant such a report.

6. Additional information the city planner deems necessary to process the application in compliance with the requirements of this article.

C. Consideration by Decision Making Body. The tree removal permit application shall be considered by the zoning administrator. If the tree removal involves development requiring discretionary approval, the zoning administrator or planning commission, as applicable, shall discuss the application and integrate it with the land use approval process applicable to the project.

D. Notice and Hearing. A public hearing shall be required on a tree removal permit pursuant to the requirements of Chapter 18.14 PMC. Notice of the hearing shall be given in the manner specified in PMC 18.14.020. This notice may be consolidated with any notice of public hearing required in conjunction with other aspects of a development approval.

E. Standards for Reviewing Applications.

1. Required Findings. Prior to the issuance of a tree removal permit, the applicable decision making body must find that:

a. The condition of the tree or trees with respect to disease, danger of falling and the potential for endangering other nearby trees warrants removal and such condition represents a risk to public health and safety and cannot be reasonably remedied through less drastic measure; or

b. The burden to the applicant in preserving the tree or trees greatly outweighs the tree’s or trees’ benefit to the public or environment; or

c. If part of a development plan, subdivision or other discretionary project, preservation of the tree or trees would severely reduce the scale or feasibility of the development.

2. Factors to Be Considered. In making the foregoing determinations, the zoning administrator shall consider the following aspects of each application to the extent that they are applicable to the proposal:

a. Whether the tree or trees act as host or habitat for plants or animals;

b. The proximity to, or potential to interfere with, existing utilities or buildings;

c. The necessity to remove the tree or trees in order to allow economic enjoyment of the property;

d. Topography of the land and the effect of removal of the tree or trees on erosion, soil retention, and diversion or increased flow of surface waters;

e. Whether a tree is part of an important grove of trees;

f. Whether a tree has particular historical or heritage value;

g. The number, size, and type of replacement trees to be provided;

h. The visibility and value of the tree or trees to the neighborhood and the public;

i. The contribution of the tree or trees to the character of the site and the neighborhood.

F. Conditions. In approving the tree removal permit, the applicable reviewing body may impose such conditions considered necessary to ensure compliance with the intent and purpose of this article, in line with the standards prescribed in this article and with the general plan. If a permit is denied, the decision making body shall state in writing the reasons for said denial based on the above findings and factors.

G. Approval Term. The permit shall be effective for a period no longer than 120 days after issuance. [Ord. 15-1390 § 3 (Exh. A), 2015.]

18.84.852 Appeals.²

The approval, denial or revocation of a tree removal permit is subject to appeal as provided for in Chapter 18.18 PMC. [Ord. 15-1390 § 3 (Exh. A), 2015.]

18.84.855 Replacement trees.

A. Where it has been determined that preservation of protected trees associated with a construction or development project is infeasible, replacement plantings shall be required as part of the tree removal permit. Subject to the discretion of the decision making body, replacement options shall include:

1. Replacement of the removed tree(s) at a four-to-one ratio with 24-inch box trees;

2. Replacement of the tree(s) at a 12-to-one ratio with 15-gallon trees;

3. Payment of in-lieu fees equal to the replacement trees’ value, installation costs and one year of maintenance costs, as calculated with a 12-to-one ratio of 15-gallon trees; or

4. A combination of replacement and payment of in-lieu fees.

B. If any replacement tree fails to survive for a period of one year from the date of installation, then the applicant shall replace the tree at the applicant’s sole expense.

C. Location and Specifications.

1. Replacement trees shall be planted on site, except in instances where on-site planting and future tree survival is shown to be infeasible, in which case the decision making body shall consider authorizing other off-site locations where maintenance will be guaranteed;

2. If California native trees are removed, all replacement trees shall be of the same species as the trees being replaced, except when a replacement tree is approved in a location that is not suitable for the native species;

3. Replacement trees shall be in addition to any trees required by any other provisions of this title, as a condition of approval of another discretionary permit, or as environmental mitigation for a discretionary permit.

D. Any in-lieu fees collected by the city pursuant to this section shall be used only for the installation or replacement of trees in city parks, open space or other areas of benefit to the city, and for any associated maintenance. [Ord. 15-1390 § 3 (Exh. A), 2015.]

18.84.860 Standards for development on sites with protected trees not approved for removal.

The following regulations apply to all activities as specified, within 25 feet of the drip line of protected trees that are not approved for removal, regardless of whether new development will occur or other trees have been approved for removal:

A. Required Plans and Additional Studies. Prior to the granting of a building or grading permit, the applicant shall provide to the city planner a site plan showing all protected trees as defined by this article. If grading, excavation or construction is proposed within the drip line of protected trees not approved for removal, specific plans shall be submitted to the city planner that indicate how work within the drip line is to be carried out without critically harming the tree. Additional arborist’s studies may be required to support the grading, excavation, or construction proposed.

B. Demolition and Grading. Prior to and during any demolition, grading or construction, all protected trees not approved for removal within the construction limits for any project shall be protected by a six-foot-high chain link (or other material approved by the city planner) fence installed around the drip line of each tree. All fence sections shall be clearly marked with a sign stating “This is a Tree Protection Zone (TPZ) and disturbance of this area is not allowed.” The sign shall also list contact information for the contractor and the arborist and clearly state that a violation of the TPZ will result in a stop work order.

C. Prohibited Activities within the Drip Line. No oils, gas, chemicals, liquid waste, solid waste, heavy construction machinery or other construction materials shall be stored or allowed to stand within the drip line of any protected tree. No equipment may be washed within the drip line of any protected tree.

D. Excavation and Construction within Drip Line. The existing ground within the drip line of any protected tree shall not be cut, filled or compacted unless otherwise approved by the city planner. Excavation adjacent to any tree when permitted shall be in such a manner so as to minimize root damage. Utility services, drainage lines, sewer, sub-drains, irrigation lines, and any services requiring excavation shall be designed to stay outside the drip line of existing trees when at all feasible. If excavation for such lines is permitted within the drip line, it should be arched around the tree as much as possible. Tunneling, boring, hydraulic or high-pressure air trenching, rather than trenching, shall be the favored means of installation. Being the shortest distance between two points does not justify encroaching within the drip line of a tree.

E. Attachments. No signs or wires, except those needed for support of the tree, shall be attached to any protected tree.

F. Herbicides. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use.

G. Damage. The city planner shall be notified by the owner, developer, contractor or any agent thereof of any damage that occurs to a protected tree during construction so that professional methods of treatment accepted by the city planner may be administered. The repair of the damage shall be at the expense of the responsible party and shall be by professional standards, approved by the city planner. Failure to comply will result in a stop work order.

H. Project Arborist. The city planner shall require an arborist to be on site at such times during development as the city planner determines appropriate. Such arborist shall be retained by the project developer. The approved arborist shall provide the city planner his or her qualifications along with a written certification that he or she has reviewed this article and will abide by it. Following completion of the development, the arborist shall certify that the development was performed properly in conformance with this chapter and good forestry practices.

I. Security/Performance Bond. The city may require the applicant, as a condition of issuing a grading permit, to post a security bond or cash deposit pursuant to the requirements of PMC 15.88.070. [Ord. 15-1390 § 3 (Exh. A), 2015.]

18.84.865 Maintenance of protected trees.

A. Routine Pruning. The pruning of a protected tree shall be performed when and only when it enhances its structural strength, health, general appearance or for safety reasons. Any pruning must be consistent with good pruning practice as outlined by the current edition of the International Society of Arboriculture’s Tree-Pruning Guidelines and the current edition of the A300 standard of the American National Standards Institute and not harm the tree structurally or aesthetically. All pruning of protected trees shall be performed by an arborist or a certified tree worker.

B. Utility Clearance. All utility companies must contact the department of public works at least five working days (except in emergencies) prior to taking any action to prune any protected tree(s) related to line clearance. All pruning shall be consistent with good pruning practices as outlined by the current edition of the International Society of Arboriculture’s Utility Pruning of Trees and the current edition of the A300 standard of the American National Standards Institute. The director of public works shall cause such pruning work to be inspected, when the director considers it to be appropriate, to ensure that good pruning practices previously referenced are followed. The director of public works shall have the authority to stop any tree pruning performed by a utility if such practices are not being followed. [Ord. 15-1390 § 3 (Exh. A), 2015.]

18.84.870 Enforcement and penalty for violation.

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

B. Civil Sanctions. In addition to paying the penalties for violation of this article, a person who removes or destroys a protected tree in violation of this article shall:

1. Replace the removed or destroyed tree at a ratio of 12 to one with 24-inch box trees; or

2. Replace the removed or destroyed tree at a ratio of 36 to one with 15-gallon trees; or

3. Compensate the city for the value of the original tree and the costs associated with the required replacement trees (including installation and one year of maintenance costs) described in this section. [Ord. 15-1390 § 3 (Exh. A), 2015.]

Article XX. Wireless Telecommunications Facilities

18.84.900 Purpose and intent.

The purpose of this article is to provide reasonable, uniform and comprehensive standards for the development, siting, installation, operation, collocation, modification and removal of wireless telecommunications antennas and related facilities for wireless services in a manner that (1) complies with federal and California State law; (2) protects and promotes public health, safety, welfare and community aesthetics consistent with the goals, objectives and policies in the general plan; and (3) achieves the benefits from robust and ubiquitous wireless services through careful and thoughtful development.

This article does not intend to, and shall not be interpreted or applied to: (1) prohibit or effectively prohibit personal wireless services; (2) unreasonably discriminate among providers of functionally equivalent personal wireless services; (3) regulate the installation, operation, collocation, modification or removal of wireless facilities on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with all applicable federal regulations; (4) prohibit or effectively prohibit any collocation or modification that the city may not deny under California or federal law; or (5) allow the city to preempt any applicable California or federal law. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.905 Applicability.

A. Applicable Facilities. The regulations contained in this article shall be applied to all applications for new wireless telecommunications facilities and all applications for collocations or modifications to existing wireless telecommunications facilities, whether proposed on private property or in the public right-of-way.

B. Nonconforming Facilities. Any existing wireless telecommunications facilities within the city’s jurisdictional boundaries that do not conform to the requirements in this article are deemed to be “nonconforming structures” subject to the provisions in Chapter 18.76 PMC to the extent permitted under federal and California State law.

C. Exempt Facilities. Notwithstanding subsection (A) of this section, this article shall not be applied to: (1) facilities owned and operated by the city for the city’s use; (2) amateur radio facilities (PMC 18.84.020 et seq.); (3) over the air reception device (“OTARD”) antenna facilities; (4) any facilities or equipment owned and operated by persons or entities with a valid franchise granted by the city council of the city of Pittsburg; (5) facilities or equipment owned and operated by California Public Utilities Commission (“CPUC”) regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D; or (6) temporary facilities, for a nonrenewable period not to exceed six months, as determined and approved by the community development director, for: (a) emergency purposes, defined as a sudden unexpected occurrence where action is necessary to protect the public health, safety or welfare; (b) construction activities associated with replacement or relocation of existing facilities; or (c) special events approved in conjunction with, and subject to the terms and conditions of, a special event permit or temporary activity permit. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.910 Definitions.

The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning.

“Antenna” is the arrangement of wires, poles, rods or other devices used for the transmission or reception of electromagnetic waves.

“Applicant” is any person or entity who applies for design review approval or a building permit pursuant to the requirements of this article.

“Arrays” are several antennas connected and arranged in a regular structure to form a single antenna.

“Base station” means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(1), as may be amended, which defines the term as follows: A structure or equipment at a fixed location that enables Federal Communications Commission (FCC) licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(9), or any equipment associated with a tower.

1. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

3. The term includes any structure other than a tower that, at the time a relevant application is filed under Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001 et seq., supports or houses equipment described in subsections (1) and (2) of this definition and that has been reviewed and approved under the requirements of Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001 et seq., or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

4. The term does not include any structure that, at the time a relevant application is filed under Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001 et seq., does not support or house equipment described in subsections (1) and (2) of this definition.

Note: As an illustration and not a limitation, a “base station” refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles and transmission towers, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.

“Collocation” means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(2), as may be amended, which defines the term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. As an illustration and not a limitation, “collocation” effectively means “to add” and does not necessarily refer to more than one wireless facility installed at a single site.

“Eligible facilities request” means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(3), as may be amended, which defines the term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.

“Eligible support structure” means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(4), as may be amended, which defines the term as any tower or base station; provided, that it is existing at the time a relevant application is filed under this chapter.

“Existing” means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(5), as may be amended, which provides that a constructed tower or base station is existing for purposes of Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001 et seq., if it has been reviewed and approved under the requirements of this chapter, or under another state or local regulatory review process; provided, that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

“Section 6409(a)” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified as U.S. Code, Title 47, Chapter 13, Subchapter IV, Section 1455(a), as may be amended.

“Site” means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(6), as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

“Stealth” refers to design techniques and elements that blend into the surrounding environment by means of screening, concealment, or camouflage and are so integrated into the surrounding natural or manmade environment that the observer does not recognize the structure as a wireless telecommunications facility. Examples include, but are not limited to: (1) wireless equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure; (2) new architectural features that match the underlying building in architectural style, physical proportion and construction materials quality; (3) flush-to-grade underground equipment vaults with flush-to-grade entry hatches, with wireless equipment placed completely within.

“Substantial change” means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular facility type and location. For clarity, the following provisions list the FCC’s criteria and thresholds for a substantial change according to the facility type (base station or tower) and location (outside or inside the public right-of-way):

1. For towers outside the public rights-of-way, a substantial change occurs when:

a. The proposed collocation or modification increases the overall height more than 10 percent or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or

b. The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or

c. The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or

d. The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

2. For towers in the public rights-of-way and for all base stations, a substantial change occurs when:

a. The proposed collocation or modification increases the overall height more than 10 percent or 10 feet (whichever is greater); or

b. The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or

c. The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or

d. The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10 percent larger in height or volume than any existing ground-mounted equipment cabinets; or

e. The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

3. In addition, for all towers and base stations wherever located, a substantial change occurs when:

a. The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the city planner; or

b. The proposed collocation or modification violates a prior condition of approval; provided, however, that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.

Note: The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012, the date that Congress passed Section 6409(a).

“Tower” means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. Examples include, but are not limited to, monopoles, mono-trees and lattice towers.

“Transmission equipment” means the same as defined by the Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001(b)(8), as may be amended, which defines that term as equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

“Wireless telecommunications facility” and “facilities” is a facility that transmits or receives electromagnetic signals for any wireless services and includes, but is not limited to, personal wireless services facilities. Such facilities include antennas and related equipment used in the transmission or receipt of communication signals, such as towers, poles or similar support structures, and equipment cabinets or buildings. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.915 General requirements.

In addition to any other requirements imposed by this article, or any other applicable provision in the PMC and general plan, all wireless telecommunications facilities subject to design review shall be consistent with all applicable laws, which include without limitation, all Federal Communications Commission (FCC) rules, regulations, and standards, and any other applicable federal, state or city laws or regulations. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.920 Required approvals – Review authority.

A. Design Review. All applications for new wireless telecommunications facilities or collocations or modifications to existing wireless telecommunications facilities not subject to a minor modification approval, in any land use district, shall require design review subject to the planning commission’s review.

B. Minor Modifications. All applications submitted with a request for approval pursuant to Section 6409(a) shall require a minor modification approval subject to the city planner’s review.

C. Other Permits and Regulatory Approvals. In addition to any design review or minor modification approval, the applicant must obtain all other required prior permits or other approvals from other city departments, or state or federal agencies. Any permit granted under this article is subject to the conditions and/or requirements of other required prior permits or approvals from other city departments, or state or federal agencies. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.925 Application requirements.

A. Minimum Application Submittal Requirements. In addition to the standard application submittal requirements for design review specified in PMC 18.36.200, applications for design review or minor modifications of wireless telecommunications facilities pursuant to this article shall be required. The city planner may develop, publish and update, as needed, application forms, checklists, informational handouts and other related materials. Subject to the subsection (B) of this section exemption for applications submitted for a minor modification approval pursuant to Section 6409(a), all applications must at a minimum include the following information:

1. A fully dimensioned site plan, plans, and elevations drawn to scale, prepared by a California-licensed engineer or architect showing any existing wireless facilities with all existing transmission equipment and other improvements, the proposed facility with all proposed transmission equipment and other improvements and the legal boundaries of the leased or owned area surrounding the proposed facility and any associated access or utility easements. The site plans must include descriptions and physical dimensions for all existing transmission equipment, if any, and all proposed transmission equipment to be installed.

2. Visual impact demonstrations using photographic simulations of the proposed facility in context of the site as it would be seen from reasonable line-of-sight locations from residential areas, public rights-of-way, public parks, and/or other sites as deemed appropriate by the city planner, together with a map that shows the photo location of each view angle.

3. A written description of the proposed approach for screening or camouflaging all facilities from public view, including plans for installation and maintenance of landscaping, sample exterior materials and colors, and an explanation of the measures by which the proposed facility would be camouflaged or rendered not readily visible. Where any part of the proposed facility would be readily visible, the application shall include a written explanation as to why it cannot or would not appropriately be screened or camouflaged from public view.

4. The applicant must provide a list of all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. The applicant must also provide a written explanation as to why the alternatives considered were unacceptable or infeasible, unavailable or not as consistent with the development standards in this article as the proposed location. This explanation must include a meaningful comparative analysis and such technical information and other factual justification as are necessary to document the reasons why each alternative is unacceptable, infeasible, unavailable or not as consistent with the development standards in this article as the proposed location. If an existing facility is listed among the alternatives, the applicant must specifically address why the modification of such wireless communication facility is not a viable option. When an applicant proposes a site in the public right-of-way, the initial alternative sites analysis required for a complete application may evaluate other potential locations and designs in the right-of-way.

5. Copies of, or a sworn statement by, an authorized representative that applicant holds all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the federal or state government with authority to regulate wireless telecommunications facilities that are required in order for the applicant to construct the proposed facility, and that applicant is in compliance with all conditions imposed in conjunction with such licenses or approvals.

6. A written statement that includes: (a) a description of the technical objectives to be achieved; (b) an annotated topographical map that identifies the targeted service area to be benefited; (c) the estimated number of potentially affected users in the targeted service area; and (d) full-color signal propagation maps with objective units of signal strength measurement that show the applicant’s current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites.

7. A radio frequency (RF) report acceptable to the city prepared and certified by an RF engineer that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts ERP) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

8. A fully completed and executed application form as required by the city, as may be amended or updated from time to time. The applicant must state the approval it seeks (i.e., design review or minor modification pursuant to Section 6409(a)).

9. An application fee established by the city, as may be amended or updated from time to time.

10. A cash or other sufficient deposit tendered by the applicant to the city for any third party peer review determined by the city to be necessary to ensure compliance with the requirements of this article.

B. Application Submittal Requirements for Minor Modifications.

1. Notwithstanding subsection (A) of this section, applications for minor modifications pursuant to Section 6409(a) are exempt from the requirements in subsections (A)(3), (4) and (6) of this section.

2. An applicant that submits an application for a minor modification approval pursuant to Section 6409(a) shall provide a written statement that explains in plain factual detail whether and why Section 6409(a) and the related regulations at Code of Federal Regulations, Title 47, Chapter 1, Subchapter A, Part 1, Subpart CC, Section 1.40001 et seq., require approval for the specific project. A complete written narrative analysis shall state the applicable standard and all the facts that allow the city to conclude the standard has been met—bare conclusions not factually supported do not constitute a complete written analysis. As part of the written statement the applicant must also include: (a) whether and why the support structure qualifies as an existing tower or existing base station; and (b) whether and why the proposed collocation or modification does not cause a substantial change in height, width, excavation, equipment cabinets, concealment or permit compliance.

An applicant that submits an application for a minor modification approval pursuant to Section 6409(a) shall provide true, correct and complete copies of all permits and other regulatory approvals, including without limitation any conditions of approval, issued in connection with the tower or base station to be collocated on or modified.

C. Pre-Application Meeting Appointment. Prior to application submittal, applicants must schedule and attend a pre-application meeting with a member of the planning staff for all proposed new non-stealth freestanding wireless facilities. Such pre-application meeting is intended to streamline the application review through discussions including, but not limited to, the appropriate project classification, including whether the project may qualify for approval pursuant to Section 6409(a); potential concealment issues (if applicable); coordination with other city departments responsible for application review; and the materials required for a complete application. For all other projects, pre-application meetings are strongly encouraged but not required. City staff will endeavor to provide applicants with an appointment within approximately five business days after receipt of a written or email request.

D. Application Submittal and Resubmittal Procedures. All applications must be submitted to the city at a pre-scheduled appointment. Applicants may submit one application per appointment but may schedule successive appointments for multiple applications whenever feasible for the city. City staff will endeavor to provide applicants with an appointment within approximately five working days after a request.

E. Deemed-Withdrawn Applications. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn when an applicant fails to tender a substantive response within 90 days after the city deems the application incomplete in a written notice to the applicant. The city planner may, in the city planner’s sole discretion, grant a written extension for up to an additional 30 days upon a written request for an extension received prior to the ninetieth day. The city planner may grant further written extensions only for good cause, which includes circumstances outside the applicant’s reasonable control. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.930 Standards of review for design review applications.

A. Required Findings. Prior to the approval of a design review or minor modification request, the applicable reviewing authority shall review the application in accordance with the following:

1. Design Review. The planning commission review shall be conducted in accordance with the requirements of this article and in accordance with the following standards:

a. The wireless telecommunications facility conforms with good taste, good design and in general contributes to the character and image of the city as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality;

b. The exterior design and appearance of the wireless telecommunications facility is not of inferior quality as to cause the nature of the neighborhood to materially depreciate in appearance and value;

c. The wireless telecommunications facility is in harmony with proposed developments on land in the general area;

d. The application conforms with the criteria set forth in any applicable city-adopted design guidelines; and

e. The applicant demonstrated that it proposed the least intrusive means to achieve its technical objectives.

2. Minor Modification Pursuant to Section 6409(a). The city planner may approve a minor modification pursuant to Section 6409(a) when the city planner finds that the proposed collocation or modification qualifies as an eligible facilities request and does not cause a substantial change.

a. In addition to any other alternative recourse permitted under federal law, the city planner may deny a minor modification permit when the city planner finds that the proposed collocation or modification:

i. Violates any legally enforceable standard or permit condition reasonably related to public health and safety; or

ii. Involves a structure constructed or modified without all regulatory approvals required at the time of the construction or modification; or

iii. Involves the replacement of the entire support structure; or

iv. Does not qualify for mandatory approval under Section 6409(a) for any lawful reason.

b. Any denial of a minor modification pursuant to Section 6409(a) application shall be without prejudice to the applicant, the real property owner or the project. Subject to the application and submittal requirements in this article, the applicant may immediately submit a new permit application for design review as appropriate.

B. Location Criteria. The following location criteria should be considered when locating new wireless telecommunications facilities:

1. Wireless telecommunications facilities may be approved on or near historic structures, historic districts, and scenic corridors as defined in the general plan only when the transmission equipment is so concealed as to be invisible from residential areas, public rights-of-way, public parks, and/or other sites as deemed appropriate by the planning commission. The views of, and vistas from, such structures, districts, and corridors shall not be impaired or diminished by the placement of wireless telecommunications facilities and related equipment.

2. Wireless telecommunications facilities shall be collocated whenever technically feasible and where the collocation does not create an adverse aesthetic impact due to such factors as increasing the bulk, height, traffic or ambient noise created by the proposed wireless telecommunications facilities.

3. Wireless telecommunications facilities shall be preferred in industrial and commercial districts and shall not be located in residential districts to the greatest extent feasible.

4. Wireless telecommunications facilities proposed in the public rights-of-way shall be sited in accordance with the city’s preferences to the maximum extent feasible. In order of most preferred to least preferred, the city prefers wireless facilities placed on: (a) existing city-owned right-of-way structures; then (b) other existing rights-of-way structures; then (c) new rights-of-way structures. The planning commission may authorize a less-preferred placement only when it finds that either (i) no more-preferred locations are available or (ii) placement of a proposed wireless telecommunications facility in the public right-of-way on a less-preferred structure would be less intrusive based on the particular facts and circumstances involved. Nothing in this chapter shall be deemed to give an applicant the right to use or access the public right-of-way without an encroachment permit issued pursuant to Chapter 12.01 PMC.

C. Height Requirements. New wireless telecommunications facilities shall meet the following height requirements:

1. All freestanding wireless telecommunications facilities shall be designed at the minimum functional height required for the coverage area unless the planning commission determines that additional height is needed for architectural reasons.

2. No wireless telecommunications facility shall exceed or project above the height limits specified for the base district in which the facility is located. For wireless telecommunications facilities proposed in the public right-of-way, the applicable height limit shall be the height limit specified for the nearest private property lot as measured from the lot line to base of the pole or other antenna support structure.

3. Wireless telecommunications facilities proposed on an existing building, structure, tower, or pole that is legal nonconforming in terms of height shall not exceed or project above the existing height of the building, structure, tower or pole.

D. Design Requirements. In addition to all other requirements set forth in this article, all wireless telecommunications facilities shall meet the following design requirements to the maximum extent feasible:

1. All wireless telecommunications facilities shall be designed and located to minimize and conceal their visibility to the greatest extent feasible by means of placement, screening, and camouflage. Facilities shall be compatible in scale and architecturally integrated with the design of underlying and/or surrounding structures, built environment or the natural setting. The applicant shall use the least visible antennas feasible to accomplish the owner/service provider’s coverage or capacity objectives.

2. Related equipment shall be located inside a building or in underground vaults whenever possible. If related equipment is to be located inside a new equipment building, that building shall be located where it would be the least visible from surrounding properties and the public right-of-way and shall be screened through use of walls, fencing, year-round landscaping, or combinations thereof, which is appropriate in design, height and material to the character of the location and the structure to be screened.

3. Wireless telecommunications facilities may be integrated into existing or newly developed facilities that are functional for other purposes, including, but not limited to, ball field lights, shopping center freeway signs and flagpoles. All such structure-mounted wireless telecommunications facilities shall be designed to conceal all the transmission equipment, including without limitation the incorporation of radomes and internal cable risers.

4. Architectural additions and/or appurtenances to existing antenna support structures that are intended to conceal wireless telecommunications facilities shall be designed to be appropriate in mass, scale, material, texture, color and character with the existing antenna support structure.

5. All wireless telecommunications facilities shall comply with the setback requirements of the base district in which the facility is located, including without limitation the support structure and ground-mounted equipment.

6. Landscaping shall be planted as the planning commission determines to be necessary or appropriate to minimize the visual impact of the wireless telecommunications facility and, when feasible, to block the line of sight between facilities and adjacent residential uses and residentially zoned properties. The planning commission shall determine the appropriate minimum size of new trees and shrubs. Where appropriate and directly related to the applicant’s placement, construction, or modification of wireless telecommunications facilities, the applicant shall maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, when used for screening unless the planning commission approves appropriate replacement landscaping.

7. Building-mounted facilities shall be architecturally integrated into the existing building. Facade-mounted equipment, not including any required screening, shall not project more than 18 inches from the face of the building or other support structure unless specifically authorized by the planning commission.

8. Colors and materials for facilities shall be chosen to minimize visibility. All visible exterior surfaces shall be constructed of nonreflective materials and finished to blend with the underlying or surrounding structures or natural environment. Facilities shall be painted or textured using colors to minimize their visual impact.

9. Newly constructed towers or monopoles should be capable of collocation.

10. Stealth monopoles disguised as a tree shall be of a height, character and placement that is appropriate to the location. The planning commission may require the applicant to plant additional new trees to blend the mono-tree into the surrounding environment. Stealth monopoles designed to look like a flagpole shall be discouraged.

11. Exterior lighting shall not be allowed on wireless telecommunications facilities except for timed or motion-sensitive lights required for use of authorized persons on site during hours of darkness or except as required by the Federal Aviation Administration (FAA).

12. Proposed facilities shall not result in a reduced number of available parking spaces below the amount required pursuant to Chapter 18.78 PMC.

13. All wireless telecommunications facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The planning commission may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, wireless telecommunications facilities have the potential to become an attractive nuisance. The design of the fencing and other access control devices shall be subject to design review.

14. Wireless telecommunications facilities shall not be used for advertising.

E. Wireless Facilities in the Public Right-of-Way. In addition to the generally applicable standards and guidelines provided in subsections (B) through (D) of this section, all proposed new and modifications to wireless telecommunications facilities in the public rights-of-way shall conform to the following requirements:

1. Applicants shall install all nonantenna equipment underground in any underground utility district as defined in Chapter 12.36 PMC. In all other districts, applicants must install all nonantenna equipment underground to the extent technically feasible, and the planning commission may require, as a condition of approval, that the applicant underground its nonantenna equipment at the time the project site becomes part of an underground utility district, if ever. This requirement will not be interpreted or applied to require applicants to underground any electric meter or emergency disconnect switch.

2. To minimize aesthetic impacts and the overall visual profile, all pole-mounted equipment must be installed as close to the pole as technically feasible, concealed within a shroud or other appropriate enclosure, painted flat and nonreflective colors to match the underlying pole and oriented away from prominent views. To the extent feasible, pole-mounted equipment must be placed behind existing signs or other pole attachments. All required or permitted signage in the rights-of-way must face toward the street or otherwise placed to minimize visibility from adjacent sidewalks and structures. All conduits, conduit attachments, cables, wires and other connectors must be placed within the pole when possible or otherwise concealed from public view to the extent feasible.

3. Ground-mounted equipment shall be least preferred as compared to undergrounded or pole-mounted equipment. The planning commission may require the applicant to place any ground-mounted equipment in landscaped areas or behind new or existing walls or fences.

4. Antennas should be mounted either flush to the pole or on top of the pole whenever feasible. Antennas must be screened within a radome or other similar concealment technique that covers the entire antenna and all cables, connectors and hardware. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.935 Notice and hearing procedures.

A. Review by the Planning Commission. The planning commission shall review all wireless telecommunications facilities not otherwise subject to minor modification approval.

1. New Towers. All new towers, including but not limited to proposed facilities on new poles or structures in the public right-of-way, shall require a public hearing in accordance with Chapter 18.14 PMC and California Government Code Section 65091.

2. Other Facilities. All other wireless telecommunications facilities shall be subject to review by the planning commission in accordance with the requirements of subsection (C) of this section.

B. Findings. The city planner, planning commission, or the city council, in the case of an appeal, shall make written findings for its decision as provided in PMC 18.16.010(A) and 18.84.930(A), as appropriate. If strict compliance with these required findings as applied to a specific proposed personal wireless services facility would effectively prohibit the provision of personal wireless services, the planning commission may grant a limited, one-time exemption from strict compliance if the applicant demonstrates with clear and convincing evidence all the following findings:

1. The proposed wireless facility qualifies as a “personal wireless services facility” as defined in U.S.C. 47 § 332(c)(7)(C)(ii);

2. The applicant has provided the city with a clearly defined technical service objective and a clearly defined potential site search area;

3. The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why an alternative location(s) or design(s) suggested by the city or otherwise identified in the administrative record, including but not limited to potential alternatives identified at any public meeting or hearing, are not technically feasible or potentially available; and

4. The applicant has provided the city with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviation is the least noncompliant location and design necessary to reasonably achieve the applicant’s reasonable technical service objectives.

C. Notice. For a public hearing under the provisions of this article, notice shall be given in the manner specified in PMC 18.14.020 and Government Code Section 65091. For all other applications subject to review by the planning commission as under this article, the city planner shall be required to give notice in accordance with PMC 18.36.340 and 18.36.350.

D. Imposition of Conditions of Approval. The reviewing authority may impose conditions to the granting of approval of design review as the reviewing authority finds necessary or appropriate to promote the purposes in this article and the general plan.

E. Duration of Approval. Approval terminates upon the expiration of 10 years from the approval, or upon the expiration of one year from approval if a building or grading permit has not been issued within that time. The planning commission may extend the duration of the approval upon written request filed within the effective period of approval.

F. Deemed-Approval Notice. No more than 30 days before the applicable time frame for review expires, the applicant must provide written notice to all persons entitled to notice in accordance with PMC 18.36.340 and 18.36.350, as modified in this section.

1. The notice must contain the following statement: “Pursuant to California Government Code Section 65964.1, state law may deem the application approved in 30 days unless the city approves or denies the application, or the city and applicant reach a mutual tolling agreement.”

2. In addition to all persons entitled to notice in accordance with PMC 18.36.340 and 18.36.350, the applicant must deliver written notice to the city planner, which contains the same statement required in subsection (F)(1) of this section. The applicant may tender such notice in person or certified United States mail.

3. The notice required under this subsection (F) shall be automatically deemed “provided” on the thirtieth day after the city planner receives the notice required in this subsection.

G. Notice of Decision. Within five working days after a final decision by the city council, notice of the decision shall be mailed to the applicant at the address shown on the application and to all other persons who have filed a written request for notice of the decision with the planning department. The city shall provide the reasons for any denial either in the written decision or in some other written record available at the same time as the denial. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.940 Appeals.

A. Design Review. Any person aggrieved by the action of the reviewing authority may appeal the action to the next highest reviewing authority as prescribed in Chapter 18.18 PMC. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. If no appeal is filed, the action taken on the application is final. The appeal shall be reviewed de novo and a notice of decision shall be provided in accordance with PMC 18.84.935(G).

B. Minor Modifications Pursuant to Section 6409(a). Notwithstanding the procedures prescribed in Chapter 18.18 PMC and subject to applicable federal time frames for local review, any person aggrieved by the decision of the city planner may appeal the decision to the planning commission to reverse the city planner’s decision to approve or deny without prejudice a minor modification application. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The planning commission shall review the decision of the city planner de novo for compliance with the criteria set out in PMC 18.84.930(A)(2). [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.945 Standard conditions of approval.

A. Standard Conditions of Approval. Any validly issued design review or minor modification approval, or any permit or approval deemed granted or deemed approved by the operation of law, shall contain the following conditions of approval, as may be modified with additional conditions on a project-by-project basis:

1. This permit will automatically expire 10 years and one day from its issuance, except when California Government Code Section 65964(b), as may be amended or superseded in the future, authorizes the city to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this facility, which includes without limitation any permits or other approvals deemed granted or deemed approved under federal or state law, shall not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.

2. Before the permittee submits any applications to the building division, the permittee must incorporate all conditions associated with this permit and the approved photo simulations into the project plans (the “approved plans”). The permittee must construct, install and operate the facility in strict compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the facility, must be submitted in a written request subject to the city planner’s prior review and approval, who may refer the request to the planning commission if the city planner finds that the requested alteration, modification or other change implicates a significant or substantial land use concern.

3. The permittee expressly acknowledges and agrees that the city or its designee may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee; provided, however, that the city or its designee may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee shall be permitted to supervise the city or its designee while such inspection or emergency access occurs.

4. The permittee and, if applicable, the nongovernment private property owner, agrees to indemnify, defend, and hold harmless the city, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person challenging the validity of this project approval, subsequent project approval, or other action arising out of, or in connection with, this project approval or the activities or performance of the applicant or the private property owner, if applicable, or any of each one’s agents, employees, licensees, contractors, subcontractors or independent contractors. The parties shall cooperate in defending such action or proceeding. The parties shall use reasonable efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, city may select its own legal counsel at permittee’s sole cost and expense. Permittee may select its own legal counsel to represent permittee’s interests at permittee’s sole cost and expense. Permittee shall pay for city’s costs of defense, whether directly or by timely reimbursement to city on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorneys’ fees expended by city in defense of any such action or other proceeding, plus staff and city attorney time spent responding to and defending the claim, action or proceeding.

5. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the facility or any use or activities in connection with the use authorized in this permit. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all laws.

6. This permit will automatically expire in six months from the date of approval, or deemed approval by operation of law, unless a building permit or grading permit has been issued or a written request for extension is filed with the planning division prior to the expiration date and is subsequently approved by the planning commission. The approval shall be valid for no more than six months from the date of building permit issuance, unless work is commenced and diligently pursued prior to the expiration of the building permit.

7. Within 30 days after a permittee transfers any interest in the facility or permit(s) in connection with the facility, the permittee shall deliver written notice to the city. The written notice required in this section must include: (a) the transferee’s legal name; (b) the transferee’s full contact information, including a primary contact person, mailing address, telephone number and email address; and (c) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. Failure to submit the notice required herein shall be a cause for the city to revoke the applicable permits pursuant to and following the procedure set out in PMC 18.84.960.

8. The permittee shall retain full and complete copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans, resolutions and other documentation associated with the permit or regulatory approval. In the event that the city cannot locate any such full and complete permits or other regulatory approvals in its official records, and the permittee fails to retain full and complete permits or other regulatory approvals in the permittee’s files, any ambiguities or uncertainties that would be resolved through an examination of the missing documents shall be conclusively resolved against the permittee.

9. Each owner or service provider of a wireless telecommunications facility shall provide signage identifying the name and phone number of a party to contact in event of an emergency. Contact information shall be kept current. The design, materials, colors, and location of signs larger than four square feet shall be subject to design review.

10. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscaped areas, in a neat, clean and safe condition in accordance with the approved plans and all conditions in this permit. The permittee shall keep the site area free from trash, debris, and litter at all times. The permittee, at no cost to the city, shall remove and remediate any graffiti or other forms of vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

11. The permittee shall be responsible for maintaining landscaping in accordance with the approved landscape plan and for replacing any damaged or dead trees, foliage, or other landscaping elements shown on the approved plan. Amendments or modifications to the approved landscape plan shall be submitted to the city planner for approval.

12. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities at the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines on (a) any weekday between 7:00 p.m. and 8:00 a.m. or (b) any Saturday, Sunday or holiday. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the city. The community development director or the community development director’s designee may issue a stop work order for any work that violates this condition. In addition, the planning commission may revoke this permit if the permittee habitually or routinely violates this condition, whether the community development director or the community development director’s designee issued any stop work orders or not.

13. Each wireless telecommunications facility shall be operated in a manner that will minimize noise impacts to surrounding residents and persons using nearby parks, trails, and similar recreation areas. All air conditioning units, generators and any other equipment that might emit noise that would be audible from beyond the property line shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under Chapter 9.44 PMC. Backup generators shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified in Chapter 9.44 PMC.

B. Minor Modification Standard Conditions of Approval. In addition to all applicable standard conditions of approval required under subsection (A) of this section, any minor modification approval granted by the city or deemed granted by the operation of law must include the following conditions of approval:

1. The city’s grant or grant by operation of law of a minor modification approval pursuant to Section 6409(a) constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The city’s grant or grant by operation of law of a minor modification permit pursuant to Section 6409(a) shall not extend the permit term for any design review approval or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

2. In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any Section 6409(a) modification, the permit or permits issued in connection with such Section 6409(a) modification(s) shall automatically expire one year from the effective date of the judicial order, or they may be extended by the city planner upon a written request from the permittee that shows good cause for an extension. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409(a) modification when it has submitted an application for design review for those improvements before the one-year period ends.

3. The city’s grant or grant by operation of law of a minor modification permit pursuant to Section 6409(a) does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.950 Permit renewal.

Any application to renew any design review or minor modification approval granted under this article must be tendered to the city between 365 days and 180 days prior to the expiration of the current permit, and shall be accompanied by all required application materials, fees and deposits for a new application as then in effect. The city shall review an application for permit renewal in accordance with the standards for new facilities as then in effect. The city may, but is not obligated to, grant a written temporary extension on the permit term to allow sufficient time to review a timely submitted permit renewal application. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.960 Cessation of operations.

A. To promote public health, safety and welfare, the city planner may declare a facility abandoned or discontinued when:

1. The permittee notifies the city planner that it abandoned or discontinued the use of the facility for a continuous period of 90 days;

2. The permittee fails to respond within 30 days to a written notice sent by certified U.S. mail, return receipt requested, from the city planner that states the basis for the city planner’s belief that the facility has been abandoned or discontinued for a continuous period of 90 days; or

3. The permit expires in the case where the permittee has failed to file a timely application for renewal in accordance with PMC 18.84.950.

B. After the city planner declares the facility abandoned or discontinued, the permittee shall have 90 days from the date of the declaration (or longer time as the city planner may approve in writing as reasonably necessary) to:

1. Reactivate the use of the abandoned or discontinued facility subject to the provisions of this article and all conditions of approval;

2. Transfer its rights to use the facility, subject to the provisions of this article and all conditions of approval, to another person or entity that immediately commences use of the abandoned or discontinued facility; or

3. Remove the facility and all improvements installed solely in connection with the facility, and restore the site to its original condition, compliant with all applicable codes, consistent with the then-existing surrounding area.

C. If the permittee fails to act as required within the prescribed time period, the planning commission may deem the facility abandoned at a noticed public meeting. The city planner shall send written notice by certified U.S. mail, return receipt requested, to the last-known permittee or real property owner, that provides 30 days (or longer time as the city planner may approve in writing as reasonably necessary) from the notice date to:

1. Reactivate the use of the abandoned or discontinued facility subject to the provisions of this article and all conditions of approval;

3. Remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area.

D. If the permittee fails to act as required within the prescribed time period, the city may remove the abandoned facility, restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work. The city may, but shall not be obligated to, store the removed facility or any part thereof, and may use, sell or otherwise dispose of it in any manner the city deems appropriate. The last-known permittee or its successor-in-interest and, if on private property, the real property owner shall be jointly liable for all costs incurred by the city in connection with its removal, restoration, repair and storage, and shall promptly reimburse the city upon receipt of a written demand, include any interest on the balance owing at the maximum lawful rate. The city may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. Until the costs are paid in full, a lien shall be placed on the facility, all related personal property in connection with the facility and, if applicable, the real private property on which the facility was located for the full amount of all costs for removal, restoration, repair and storage. The city clerk shall cause the lien to be recorded with the Contra Costa County recorder’s office. Within 60 days after the lien amount is fully satisfied including costs and interest, the city clerk shall cause the lien to be released with the Contra Costa County recorder’s office. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.965 Penalty for violation and revocation.

A. A permit granted under this article may be revoked for noncompliance with any enforceable permit, permit condition or law applicable to the facility according to the following procedures:

1. When the city planner finds reason to believe that grounds for permit revocation exist, the city planner shall send written notice by certified U.S. mail, return receipt requested, to the permittee at the permittee’s last known address that states the nature of the noncompliance as grounds for permit revocation. The permittee shall have a reasonable time from the date of the notice to cure the noncompliance or show that no noncompliance ever occurred.

2. If after notice and opportunity to show that no noncompliance ever occurred or to cure the noncompliance, the permittee fails to cure the noncompliance, the planning commission shall conduct a noticed public hearing to determine whether to revoke the permit for the uncured noncompliance. The permittee shall be afforded an opportunity to be heard and may speak and submit written materials to the planning commission. After the noticed public hearing, the planning commission may deny the revocation or revoke the permit when it finds that the permittee had notice of the noncompliance and a reasonable opportunity to cure the noncompliance, but failed to comply with any enforceable permit, permit condition or law applicable to the facility. Written notice of the planning commission’s determination and the reasons therefor shall be dispatched by certified U.S. mail, return receipt requested, to the permittee’s last known address.

3. Upon revocation, the planning commission may take any legally permissible action or combination of actions necessary to protect public health, safety and welfare.

B. A person who builds or maintains a wireless telecommunications facility in violation of the requirements of approval prescribed in this article is guilty of an infraction and shall be punished as provided in PMC 18.90.060. Each day or a portion thereof that a violation exists is a separate offense and shall be punished as such. [Ord. 16-1418 § 4 (Exh. A), 2016; Ord. 15-1390 § 3 (Exh. B), 2015.]

18.84.975 Obligation to comply with this article.

An applicant or permittee shall not be relieved of its obligation to comply with every provision of the PMC, this article, any permit issued hereunder or any applicable law or regulation by reason of any failure of the city to notice, enforce or prompt compliance by the applicant or permittee. [Ord. 16-1418 § 4 (Exh. A), 2016.]

Article XXI. Objective Design Standards Added Ord. 24-1517

Prior legislation: Ord. 999.

Code reviser’s note: Ord. 15-1390, Exhibit A, adds this section as PMC 18.84.855. It has been editorially renumbered to avoid duplication.