American Canyon City Zoning Code

This title of the American Canyon Municipal Code shall be known and cited as the "American Canyon Zoning Ordinance."

This title is adopted pursuant to the authority set forth in California Government Code Section 65850.

(A) The purpose of the zoning ordinance is to protect and to promote the public health, safety, peace, comfort, convenience, aesthetics, prosperity, and general welfare.

(B) More specifically, the zoning ordinance is adopted in order to achieve the following objectives:

(1) To provide a clear and concise guide for the physical development of the city;

(2) To establish clear, understandable and applicable land use regulations and guidelines consistent with the city's police powers;

(3) To provide implementing standards and procedures that will individually and collectively ensure consistency of development with the general plan;

(4) To foster a harmonious, convenient, and workable relationship among land uses;

(5) To promote the stability of existing land uses that conform with the general plan and to protect them from inharmonious influences and harmful intrusions;

(6) To foster the provision of adequate off-street parking and off-street loading facilities;

(7) To protect and enhance real property values;

(8) To protect and enhance the quality of the environment;

(9) To safeguard and enhance the appearance of the city;

(10) To ensure quality development, consistent with the general plan's design and development principles, and an attractive and functional community appearance.

This title shall apply, to the extent permitted by law, to all property in incorporated American Canyon whether owned by private persons, firms, corporations, or organizations; by the United States or any of its agencies; by the state of California or any of its agencies or political subdivisions; by any county or city, including the city of American Canyon; or by any authority or public entity organized under the laws of the state of California. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the city.

(A) It is unlawful for any building or structure to be moved, erected, used, altered, enlarged, or rebuilt or for any use to be established or changed that does not strictly conform to the provisions of this title.

(B) It is unlawful for any yard, open space, or land to be used for any purpose or in any way not specifically permitted by this title.

(C) No department, official, or employee of the city vested with the duty or authority to issue permits or licenses for buildings, structures, or uses subject to the requirements of this title shall issue a permit or license in conflict with the provisions of this title; any permit or license issued in conflict with any provision of this title shall be null and void. Further, no permit or license shall be issued by any department, official, or employee of the city for any building, structure, or use subject to the requirements of this title on a parcel of land where the department, official, or employee is aware that a violation of this title exists.

(A) The regulations of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirements adopted or imposed by the city council, any board, commission, or department of the city, or any other local, state, or federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. Where two or more ordinances regulate the same use or activity, the more restrictive ordinance shall apply.

(B) Nothing contained in this title shall be deemed to repeal or amend any regulation of the city requiring a permit or license or both for any business, trade, or occupation nor shall anything in this title be deemed to repeal or amend the building standards adopted or enforced by the city.

(C) Consistent with CEQA Guidelines 15162(c), each discretionary development project shall be reviewed to ensure compliance with the California Environmental Quality Act (CEQA). The approval authority for CEQA environmental review shall be delegated to the community development director, planning commission, or city council when the municipal code delegates the associated discretionary application to that decision maker.

(D) Notwithstanding subsection C, CEQA environmental review and approval of the discretionary development project shall remain with the city council when the CEQA environmental review requires a statement of overriding considerations.

(E) A CEQA environmental determination made by the community development director or planning commission may be appealed to the city council in accordance with municipal code Sections 2.04.080 through 2.04.110.

(A) Every Industrial Use Land Use Proposal for which the City of American Canyon is the Lead Agency shall use the following threshold to evaluate the significance of greenhouse gas (GHG) impact under the California Environmental Quality Act (CEQA):

(1) Tier 1. Determine if CEQA categorical exemptions are applicable. If not, move to Tier 2.

(2) Tier 2. Consider whether the proposed project is consistent with a locally adopted GHG reduction plan that has gone through public hearing and CEQA review, that has an approved inventory, includes monitoring, etc. If not, move to Tier 3.

(3) Tier 3. Consider whether the project includes, at a minimum, the following project design elements:

(a) Buildings

(i) The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development).

(ii) The project will not result in any wasteful, inefficient, or unnecessary energy use as determined by the analysis required under CEQA Section 21100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines.

(b) Transportation

(i) The project will achieve a reduction in project-generated vehicle miles traveled ("VMT") below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent).

(ii) The project will achieve compliance with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2. If the project does not include the above project design elements, the Project has a significant GHG impact. If it does include the above project design elements, move to Tier 4.

(4) Tier 4. Consider whether the project generates GHG emissions in excess of the South Coast Air Quality Management District's 10,000 MT CO2e per year screening threshold for industrial uses and stationary projects. If so, the project has a significant GHG impact.

(A) The enactment of this title shall not terminate or otherwise affect variances, conditional use permits or other approvals authorized under the provisions of any ordinance repealed, suspended, or revised by the adoption of this title, nor shall any prior violation of any such prior ordinance be excused by the adoption of this title unless the violation conforms to the standards of this title.

(B) Any building or structure for which an entitlement permit has been issued prior to the effective date of the ordinance codified in this title may be completed and used in accordance with the plans, specifications, and permits on which such building permit was granted, if construction is commenced within the legal life of such entitlement and diligently pursued to completion. No extensions of time shall be granted for commencement of construction.

If any section, subsection, paragraph, sentence, clause, or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that it would have passed this title, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

The city council shall establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by this title. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full.

(A) The city shall not be responsible for enforcing covenants, conditions and restrictions (CC&Rs) or other private agreements.

(B) The city shall not be named as a third party beneficiary in any private agreement executed in relationship to this title.

The city may accept maintenance of any public facilities only if they meet all city standards, any applicable conditions of entitlement approval, or any criteria for acceptance of public dedications and facilities.

If ambiguity arises concerning the content or application of this title, it shall be the duty of the community development director to ascertain all pertinent facts and make an interpretation. Alternatively, the community development director may request the planning commission to make an interpretation. An interpretation by the community development director may be appealed to the planning commission as provided in Chapter 19.40, Review and Approval Procedures.

Enforcement of the provisions of this title and any entitlements granted by the city shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the city's planning efforts and implementation of the general plan, and to protect the public health, safety, and welfare.

(A) The community development director shall be the official responsible for the enforcement of this title. In the discharge of this duty the community development director or designee shall have the right to enter on any site or enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence or without permission of the owner or tenant without the written order of a court of competent jurisdiction.

(B) The community development director may serve notice requiring the removal of any structure or cessation of any use in violation of this title on the owner or their authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. The community development director may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this title, and the city attorney is authorized to institute appropriate actions to that end. The community development director may call upon the chief of police and authorized agents to assist in the enforcement of this title.

(A) Any person, firm, corporation, or organization violating any provision of this title shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars and by imprisonment for a term not exceeding six months, or by both a fine and imprisonment, or shall be subject to such punishment as provided elsewhere in the municipal code. A person, firm, corporation, or organization shall be deemed guilty of a separate offense for each day, or portion thereof, during which the violation of this title is committed, continued, or permitted by the person, firm, corporation, or organization and shall be punishable as herein provided.

(B) Any structure or sign erected, moved, altered, enlarged, or maintained and any use of a site contrary to the provisions of this title shall be and is declared to be unlawful and a public nuisance, and the city attorney shall immediately institute necessary legal proceedings for the abatement, removal, and enforcement thereof in the manner provided by law, shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure, corporation, or organization from erecting, moving, altering, or enlarging the structure or sign or using the site contrary to the provisions of this title.

(C) All remedies provided for herein, and any other portion of the municipal code, shall be cumulative and not exclusive.

(A) The recipient of any permit issued pursuant to this title, or his or her successor, shall be responsible for maintaining all common areas, improvements or facilities required by this title or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. Such responsibility shall be reflected in the project's covenants, conditions and restrictions (CC&Rs), which shall be approved by the city and the California Department of Real Estate and shall be consistent with the conditions of any related entitlement.

(B) By way of illustration, and without limiting the generality of the foregoing, private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.

The boundaries of the zoning districts established by this title are shown on the official zoning map maintained by the community development director. The official zoning map and all notations, references, and other information shown thereon shall be as much a part of this title as if the matters and information set forth on such maps were fully described herein.

Where uncertainty exists as to the boundaries of any district shown on the official zoning map, the following rules shall apply:

(A) Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerlines.

(B) Boundaries indicated, as approximately following the lot lines, city limits, or extraterritorial boundary lines shall be construed as following such lines, limits, or boundaries.

(C) In the case of unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless indicated by dimension, shall be determined by the use of the scale appearing on the zoning map.

(D) In the case of any remaining uncertainty, the city council shall determine the location of boundaries.

(E) Where any public street or alley is officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

(F) Where any private right-of-way or easement of any railroad, railway, transportation, or public utility company is vacated or abandoned and the property is unclassified, the property shall be automatically classified as being in the base zoning district most consistent with the property's general plan designation.

(G) All property in the city or hereafter annexed, and not otherwise classified by the city, is classified as being in the base-zoning district most consistent with the property's general plan designation if the property was not previously prezoned prior to annexation.

The purpose of this chapter is to define terms used in this title and establish rules for the construction of the language to ensure a consistent interpretation of the requirements of this title.

In interpreting the various provisions of this title, the following rules of construction shall apply:

(A) The particular shall control the general.

(B) In case of conflict between the text and diagram, the text shall control.

(C) All references to departments, commissions, boards, or other public agencies are to those of the city of American Canyon, unless otherwise indicated.

(D) All references to public officials are to those of the city of American Canyon, and include designated deputies of such officials, unless otherwise indicated.

(E) All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or holiday, it shall be extended to the next working day.

(F) The words "shall," "will" and "is to" are always mandatory and not discretionary. The words "should" or "may" are permissive.

(G) The present tense includes the past and future tenses, and the future tense includes the past.

(H) The singular number includes the plural, and the plural, the singular.

(I) Whenever a certain hour or time of day is specified in this title or any permit, condition of approval or notice issued or given as set forth in this title, such hour shall be standard time or daylight savings time, whichever is in current use in the city.

(J) Whenever this title requires consideration of distances, parking spaces or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers, such numbers are to be rounded to the nearest highest whole number, when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, except as otherwise noted in this title. In the case of the number of dwelling units, the numerical quantities which are fractions of whole numbers shall be rounded to the next lowest whole number in all such instances.

Words and phrases used in this title shall have the meanings set forth in this chapter. Words and phrases not defined in this chapter but defined elsewhere in the zoning ordinance (including Chapter 19.23, Sign Regulations and Chapter 19.05, Use Classifications) shall be given the meanings set forth in those chapters. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

"Abut" means to physically touch, border upon, or to share a common corner or property line.

"Accessory building or structure" means a detached, subordinate structure or a subordinate structure attached to a main structure by a breezeway, the use of which is appropriate, subordinate, and customarily incidental to that of the main structure or the main use of the land, and which is located on the same site with the main structure or use.

"Accessory use" means a use primarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter the principal use nor serve property other than the lot or parcel of land on which the principal use is located.

Acre, Gross. "Gross acre" means the area of a lot or site, including easements of right-of-way to be dedicated, but excluding existing public rights-of-way.

Acre, Net. "Net acre" means the area of a lot or site remaining after dedication of all required rights-of-way.

"Adjoining" means two or more lots or parcels of land sharing a common boundary line, or two or more objects in contact with each other. Lots or parcels of land which touch at corners only shall not be deemed adjoining. "Abutting," "adjacent" and "contiguous" shall mean the same as adjoining.

"Affordable rent" means monthly rent, including utilities and all fees for housing services, not exceeding the following calculations:

1. Very low-income households: fifty percent of the median income multiplied by thirty percent and divided by twelve;

2. Low-income households: sixty percent of the median income multiplied by thirty percent and divided by twelve.

"Affordable sales price" means the maximum purchase price that will be affordable to the specified target income household, calculated on the basis of underwriting standards of mortgage financing available for the project and including all housing costs.

"Alley" means a public way permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

"Alter" means to make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure. In the case of signs, "alter" includes copy changes.

"Annual household income" means the combined gross income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.

"Antennae" means transmitting and receiving devices.

"Area, lot, parcel or site" means the horizontal area within property lines excluding access corridors, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.

"Awning" means a roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

"Base district" means the zoning districts and their associated purposes and regulations set forth in this title.

"Breezeway" means a structure not less than five feet in length, not exceeding fourteen feet in height and having not more than fifty percent of the sides of the structure enclosed with any material other than that necessary for roof supports, for the principal purpose of connecting the main structure on a site with another main structure or an accessory structure on the same site.

"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials of any kind or nature.

"Building coverage" means the cumulative area of a lot occupied by the first floor of a building and accessory structures.

"Building envelope" means the maximum two-dimensional space on a lot within which a structure can be built, as permitted by applicable setback and lot coverage controls.

"Change of use" means a discontinuance of a use and the substitution therefore of a different use.

"Child" means a person who is under eighteen years of age.

"City" means the city of American Canyon.

"City council" means the city council of the city of American Canyon.

"Commission" means the planning commission of the city of American Canyon.

"Community development director" means the community development director of the city of American Canyon.

"Compatible" means that which is harmonious with and will not adversely affect surrounding buildings and/or uses.

"Conditionally-permitted" means permitted subject to approval of a conditional use permit or minor conditional use permit.

"Construction" means construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.

"Cottage food operations" means an enterprise defined by the California Health and Safety Code Section 11378, holding a permit or registration by the county of Napa, and is generally an accessory business located within a residence where non-potentially hazardous food products are prepared or packed for direct ("Class A" as defined in Section 113758), or direct and indirect sale to consumers ("Class B" as defined in Section 113758).

"Council" means the city council of the city of American Canyon.

"Court" means an unoccupied open space on the same site with a building, which is bounded on two or more sides by exterior building walls.

"Density" means the number of dwelling units per unit of land.

Depth, Lot. "Lot depth" means the horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines (see Figure D-1).

"Development" means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

"Driveway" means a private road, the use of which is limited to persons resident or working on the site and their invitees, licensees, and business visitors, and which provides access to off-street parking or loading facilities.

"Dwelling unit" means one or more rooms with a single kitchen, designed for occupancy by one family for living and sleeping purposes.

Dwelling Unit, Studio. "Studio dwelling unit" means a dwelling unit consisting of not more than one habitable room together with a kitchen or kitchenette and sanitary facilities.

"Easement" means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

"Emergency work" means the use of any machinery, equipment, vehicle, manpower, or other activity in a short-term effort to protect, or restore safe conditions in the city, or work by private or public utilities when restoring utility service.

"Façade" means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

"Family" means one or more individuals occupying a dwelling unit and living as a single household unit.

"Fence" means an artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

Floor Area, Gross. "Gross floor area" means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including: basement or attic areas used only for storage; space used only for mechanical equipment; breezeways, uncovered steps, patios, and terraces; porches and exterior balconies, if not enclosed; and atria and lobbies. Unless excepted above, "gross floor area" includes but is not limited to elevator shafts and stairwells measured at each floor (but not mechanical shafts), penthouses, enclosed porches, interior balconies, and mezzanines.

"Floor area ratio (FAR)" means the gross floor area of all buildings on a lot divided by the lot area.

"Force majeure event" means an extraordinary event or circumstance beyond the control of one or more parties that impacts their ability to perform. This definition of force majeure event shall be limited to situations resulting in a declaration of a state or local emergency that was caused by acts of God or the elements, storms, wildfires, earthquakes, pandemics, wars, acts of terrorism, riots, or insurrection that significantly impact a party.

Frontage, Building. "Building frontage" means the exterior building wall of a ground floor business establishment on the side or sides of the building fronting and/or oriented toward a public street or highway. "Building frontage" shall be measured continuously along the building wall for the entire length of the business establishment, including any portion thereof which is other than parallel to the remainder of the wall.

Frontage, Street. "Street frontage" means that portion of a lot or parcel of land which borders a public street other than the sideline of a corner lot. "Street frontage" shall be measured along the common lot line separating the lot or parcel of land from the public street, highway, or parkway.

"Garage" or "carport" means an accessory structure or a portion of a main structure, having a permanent roof and designed for the storage of motor vehicles.

"General plan" means the general plan of the city of American Canyon and all elements thereof.

"Grade (ground level)" means the average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of sidewalks, the above ground level shall be measured at the sidewalks.

"Ground floor" means the first floor of a building other than a basement.

"Guest room" means a room which is designed,

used or intended to be used as temporary sleeping accommodations for any person, and which does not contain a bar sink and/or gas, electrical or water outlets designed, used or intended to be used for cooking facilities except as otherwise specifically provided for by this title.

"Household" means a family living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities.

"Illegal nonconforming building or use" means a building or use which does not conform to one or more of the provisions of this title and did not lawfully exist on the effective date of applicable chapters of this title.

Intersection, Street. "Street intersection" means the area common to two or more intersecting streets.

"Kitchen" means any room or space within a building intended to be used for the cooking or preparation of food.

"Lot" means a parcel, tract, or area of land whose boundaries have been established by a legal instrument such as a recorded deed or a recorded map, and which is recognized as a separate legal entity for purposes of transfer of title.

"Lot area" means the total area circumscribed by the boundaries of a lot, excluding any street rights-of-way.

Lot, Corner. "Corner lot" means a lot or parcel situated at the intersection of two or more highways or streets, which highways or streets have an angle intersection measured within the lot or parcel of land of not more than one hundred thirty-five degrees (see Figure D-2).

Lot, Flag. "Flag lot" means a lot or parcel taking access by a strip of land, the owner of which lot or parcel has fee-simple title to the strip extending from the main portion of the lot or parcel to the adjoining street, road or access easement (see Figure D-2).

Lot, Interior. "Interior lot" means a lot or parcel of land other than a corner or flag lot (see Figure D-2).

Lot, Key. "Key lot" means an interior lot adjoining the rear lot line of a reversed corner lot (see Figure D-2).

Lot, Reversed Corner. "Reversed corner lot" means a corner lot, the highway or street side lot line of which is substantially a continuation of the

front line of a lot or parcel of land which adjoins the rear lot line of the lot (see Figure D-2).

Lot, Through. "Through lot" means a lot having frontage on two parallel or approximately parallel highways and/or streets (see Figure D-2).

Lot Line, Front. "Front lot line" means a line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from a street (see Figure D-2).

Lot Line, Rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line (see Figure D-2).

Lot Line, Side. "Side lot line" means any lot boundary line which is not a front line or a rear lot line (see Figure D-2).

"Lower-income household" means a household with an annual household income of eighty percent or less of the median income for Napa County, adjusted for household size.

"Median income" means the median income, adjusted for family size, applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successory provision) by the United States Department of Housing and Urban Development.

"Minimum distance between buildings" means the distance between the walls of buildings, measured at the nearest point to an adjacent building.

"Moderate-income household" means a household with an annual household income of between eighty-one percent and one hundred twenty percent of the median income for Napa County adjusted for household size.

"Monthly owner-occupied housing payment" means that sum equal to the principal, interest, property taxes, homeowner's insurance and homeowner's association dues paid on an annual basis, divided by twelve.

"Nuisance" means a condition that is injurious or potentially injurious to the public health, safety and welfare, or has a tendency to degrade the appearance and property values of surrounding property or to cause damage to public rights-of-way.

"Off-street loading facilities" means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths and associated aisles, access drives, and landscaped areas.

"Off-street parking facilities" means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.

"On-site" means located on the lot that is the subject of discussion.

"Outdoor storage" means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours.

"Overlay district" means a zoning district (e.g., the AC airport compatibility overlay district) that modifies the allowable uses, design standards, and/or development standards of the base district with which it is combined.

Patio, Covered. "Covered patio" means an accessory structure not exceeding fourteen feet in height, and enclosed on not more than three sides except for posts necessary for roof support.

"Permanent foundation system" means an assembly of materials constructed below or partially below grade and not intended to be removed from its installation site, which assembly is designed to support a structure and is engineered to resist the imposition of external natural forces as defined by Section 18551 of the Health and Safety Code, as such section may have been amended at the time of application of this title.

"Permanent storage" means the storage of motor vehicles, trailers, airplanes, boats, parts thereof, or building materials for a period of forty-eight consecutive hours or more.

"Permit" means written governmental permission issued by an authorized official empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

"Permitted use" means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

"Person" means any individual, firm, association, corporation, organization, or partnership, or any city, county, district or state or any department or agency thereof.

"Planning commission" means the city of American Canyon planning commission.

"Processing" means a series of operations, usually in a continuous and regular action or succession of actions, taking place or carried on in a definite manner.

"Project" means any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title.

"Project inauguration" means a project has been inaugurated if applicable grading and building permits have been issued, necessary infrastructure installed, foundations installed and aboveground construction initiated and ongoing without any cessations of construction activity for more than one hundred eighty days.

"Recreational vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.

"Residential accessory structure" means a building or structure normally associated with dwellings, such as detached garages, carports, greenhouses, storage buildings, and swimming pools, but excluding cargo containers.

"Residential property" means a parcel of real property which is developed and used either in whole or in part for residential purposes.

"Right-of-way" means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer or other similar use.

"Right-of-way lines" means the lines that form the boundaries of a right-of-way.

"Sidewalk" means a paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

"Single ownership" means holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner whereby the property is or will be under unitary or unified control.

"Site coverage" means the percentage of total site area covered by structures, open or enclosed, excluding uncovered steps, patios, terraces, and swimming pools.

"Slope" means the relationship between the change in elevation (rise) of land and the horizontal distance (run) over which the elevation occurs.

"Specific plan" means a plan for a defined area that is consistent with Chapter 19.17 of this title.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. "Story" includes a basement but not a cellar.

"Story poles" means a three-dimensional, full-scale, silhouette structure constructed of 2x4, or 2x6 lumber or similar other sturdy building material that outlines the location, bulk and mass that a proposed structure will occupy on a site.

"Street" means a public or private right-of-way, other than a major or secondary highway or alley, whose function is to carry vehicular traffic and/or provide vehicular access to abutting property.

"Structure" means anything constructed or erected which requires a fixed location on the ground, or is attached to a building or other structure having fixed location on the ground.

Structure, Main or Principal. "Main structure" or "principal structure" means a structure housing the principal use of a site or functioning as the principal use.

Structure, Temporary. "Temporary structure" means a structure without any foundation or footings, which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

"Swimming pool" means a pool, pond, lake, or open tank capable of containing water to a depth greater than one and one-half feet at any point.

"Target household" means the household for which a dwelling unit is to be provided under Chapter 19.27, Housing Incentives, or Chapter 19.28, Inclusionary Housing Requirements.

"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged for which either a site or a structure is or may be occupied or maintained.

"Use initiation" means the implementation of a use on a parcel or occupancy of a structure.

Use, Principal. "Principal use" means a primary or dominant use established, or proposed to be established, on a lot.

"Variance" means permission to depart from the literal requirements of this title.

"Very low-income household" means a household with an annual household income of up to fifty percent of the median income for Napa County, adjusted for household size.

"Warehousing" means the storage of materials in a warehouse or terminal, where such materials may be combined, or separated for transshipment or storage purposes but the original material is not chemically or physically changed.

"Wheel stop" means a physical barrier sufficient in size and shape to prevent the movement of automobiles or other vehicles over or past such barrier.

"Width" means the horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines (see Figure D-1).

"Yard" means an open space on the same lot or parcel of land, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise permitted by this title.

Yard, Front. "Front yard" means a yard extending across the full width of a lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the right-of-way line of the highway or street on which the property fronts, and a line parallel thereto on the lot or parcel of land, except as otherwise provided for a flag lot. On corner lots, the front yard shall be located across the narrower frontage of the lot. A yard shall not be deemed a front yard if there is no right of access of any kind, pedestrian or vehicular, from the adjoining street.

Yard, Side, Street. "Street side yard" means a yard bounded by a highway or street, extending from the required front yard, or the right-of-way line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required. The width of such required side yard shall be a specified horizontal distance between the right-of-way line of the highway or street on which the property sides, and a line parallel thereto on the lot or parcel of land.

Yard, Side, Interior. "Interior side yard" means a yard extending from the required front yard, or the right-of-way line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required on other than a corner side yard. The width of a required interior side yard shall be a specified horizontal distance between each such side lot line parallel thereto on the lot or parcel of land.

"Zero emission vehicle" means any type of vehicle that has no tailpipe emissions. Vehicles run on electric motors and are powered by electricity delivered from batteries or hydrogen and fuel cells. In contrast to conventional internal combustion vehicles, zero emission vehicles prevent air pollution, lower greenhouse gas emissions, and help integrate renewable energy into the transportation sector. There are two kinds of zero emission vehicles: plug-in electric vehicles and hydrogen fuel cell electric vehicles.

"Zoning district" means a specifically delineated area or district in the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

"Zoning ordinance" means the zoning ordinance of the city of American Canyon, as amended.

Section 19.04.030

Figure D-1

LOT DEPTH AND WIDTH MEASUREMENTS

Section 19.04.030

Figure D-2

ILLUSTRATION OF LOT TYPES

The purpose of these provisions is to classify uses according to types on the basis of common functional, product, or compatibility characteristics, and to set forth permitted and conditionally-permitted uses for each zoning district. Notwithstanding any provision in this code to the contrary, any use of land, operation, or business that is in violation of state and/or federal law shall be prohibited in all specific plan areas, districts, and/or zones within the city.

Uses subject to the provisions of this title shall be known as either permitted uses or conditionally permitted uses subject to the approval of a conditional use permit in accordance with Chapter 19.40, Review and Approval Procedures.

The community development director shall have the authority to classify common uses according to use classifications. The classification of a use is subject to the right of appeal pursuant to the appeal procedure set forth in Chapter 19.40, Review and Approval Procedures. A list of common uses and the use classifications into which they are classified shall be maintained by the community development director. A list of common uses which are prohibited shall also be maintained by the community development director. Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning regulations by a zoning ordinance text amendment.

Residential uses include living accommodations on a wholly or primarily nontransient basis, but exclude institutional living arrangements providing twenty-four-hour skilled nursing or medical care and those providing forced residence, such as detention facilities.

Cannabis indoor cultivation: any cannabis cultivated within a private residence or within an enclosed accessory structure on the grounds of the private residence (e.g., in a greenhouse).

Cannabis outdoor cultivation: cannabis plants cultivated outdoors on the lot of a personal residence.

Congregate living facility: an establishment offering lodging on a monthly basis or longer, along with common eating arrangements and other services such as recreational, social and cultural activities and transportation, but excluding medical care.

Employee housing: housing for six or fewer employees in a single-family dwelling shall be deemed a single-family use and shall be treated the same as any single-family dwelling in districts where single-family dwellings are allowed. Employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory or other similar term that implies the employee housing differs in any way from a family dwelling and shall not constitute a change in occupancy for purposes of local building codes. It shall not be subject to any fees to which other family dwellings of the same type in the same zone are not likewise subject.

Farm employee housing: living quarters provided on agriculture district property for the use of workers employed in agricultural activities.

Garden apartments: a multifamily development of one or more two- or three-story structures containing up to twenty units each that has units located one over the other, with integrated off-street parking, open space and recreation.

Low Barrier Navigation Center: "a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing (See Government Code § 65660).

Mobilehome: a factory-built, single-family structure that meets the National Manufactured Housing Construction and Safety Standards Act of 1974.

Mobilehome park: a site developed for the long-term placement of mobilehomes.

Multifamily residential: three or more dwelling units on a lot. Multifamily residential units may share one or more common walls and include townhomes and garden apartments.

Residential Care Home, Small: provision of twenty-four-hour nonmedical care of six or fewer persons in need of personal services, supervision, protection or assistance licensed by the state essential for sustaining the activities of daily living, or twenty-four-hour care for six or fewer foster children. Furthermore, Small residential care homes without State license personal services shall also have the same standards and processing as residential care homes. For the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this chapter, the residents and operators of the facility shall be considered a family. (see Health and Safety Code § 1568.0831).

Second residential unit: a second dwelling unit located on a lot with an existing principal dwelling unit.

Single-family residential, detached: a dwelling unit located on a separate lot which has no common walls with any other dwelling unit. Detached single-family residential include mobilehomes placed on a permanent foundation.

Single-family residential, semidetached: a one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot.

Single room occupancy (SRO): a type of group residential use where there are at least five single rooms with no more than two occupants in each unit that complies with the regulations in Section 19.10.160 of this title. The single rooms are habitable rooms that may have a bathroom and/or limited cooking facilities, and are intended for combined living and dining purposes.

Supportive housing: permanent rental housing that provides a range of support services designed to enable residents to maintain stable housing, improve his or her health status, lead fuller lives, and when possible, work in the community. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zoning district.

Townhouse: a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

Transitional housing: a type of supportive housing used to facilitate the movement of homeless individuals and families to permanent housing. A homeless person may live in a transitional dwelling for no less than six months while receiving supportive services that enable independent living. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zoning district.

Commercial uses include the sale or rental of goods and the provision of services other than those classified as public or quasi-public, or industrial.

Adult-entertainment business means any of the following:

1. "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any time, and where a substantial portion of the images so displayed are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities.

2. "Adult bookstore, adult novelty store or adult video store" means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, compact discs (CDs), slides or other visual representations that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or

b. Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

The items described in subsections (a) and (b) shall be referred to collectively as "adult products."

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of products depicting, describing or relating to specified sexual activities or specified anatomical areas and still be categorized as adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration of the specified products that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.

3. "Adult cabaret" means a nightclub, restaurant, or similar business establishment that: a. regularly features live performances that are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or b. regularly features persons who appear in a state of nudity.

4. "Adult hotel/motel" means a hotel or motel or similar business establishment offering public accommodations for any form of consideration that, a. provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, compact discs (CDs) or other photographic reproductions a substantial portion of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and b. rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four hour period.

5. "Adult motion picture theater" means a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures or other images in which a substantial portion of the total presentation time is devoted to the presentation of motion pictures distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities, for observation by patrons or customers.

6. "Adult theater" means a theater, concert hall, auditorium or similar establishment that, for any form of consideration, regularly features live performances that are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

7. "Modeling studio" means a business that provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who display specified anatomical areas to be observed, drawn, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. Modeling studio does not include schools maintained pursuant to standards set by the State Board of Education. Modeling studio further does not include a studio or similar facility owned, operated or maintained by an individual artist or group of artists, that does not provide, permit or make available specified sexual activities.

Amusement center: any place in which five or more coin- or slug-operated amusement devices are installed, including any place open to the public, whether or not the primary use of the premises is devoted to the operation of such devices.

Animal Sales and Services.

1. Boarding, kennel: provision of shelter and care for four or more small animals four or more months of age. This classification includes activities such as feeding, exercising, grooming, breeding, and incidental medical care.

2. Grooming: provision of bathing and trimming services for small animals on a commer-cial basis. This classification includes boarding of small animals for a maximum period of forty-eight hours.

3. Medical care: medical and surgical treatment of small animals. This classification includes hospital facilities that are entirely enclosed, soundproofed, and air-conditioned. Incidental grooming and temporary boarding of animals for thirty days is included.

4. Retail sales: retail sales of small animals and related products within an entirely enclosed building. This classification includes incidental grooming.

Bank savings and loan: a financial institution including federally-chartered banks, savings and loan associations, industrial loan companies, and credit unions that provides retail banking services to individuals and businesses. This classification does not include payday lending businesses or check cashing businesses. This classification includes only those institutions engaged in the on-site circulation of cash money.

1. Drive-up service: provision of banking services accessible to persons who remain in their automobiles.

2. Walk-up service: provision of banking services to persons at a walk-up window or automated teller machine.

Bed and breakfast inns: establishments offering lodging on less than a monthly basis in a structure that was originally built as a residential dwelling, with incidental eating and drinking service for lodgers only provided from a single kitchen on the premises. This classification excludes uses classified under group residential.

Bookstores: an establishment providing the retail sales of books, magazines, or book-related merchandise to the general public.

Building materials and services: retailing, wholesaling or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales and rental establishments, and building contractors' yards, but excludes activities classified under vehicle/equipment sales, leasing and services.

Cannabis retail: a storefront business that sells cannabis and/or cannabis products directly to a consumer. For purposes of this code, a non-storefront retail business is categorized a cannabis distributor in accordance with Section 19.05.060.

Catering: preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.

Check cashing business, as defined in California Civil Code Section 1789.31 and as amended from time to time: a retail business owned or operated by a "check casher" person or entity who engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. "Check casher" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check casher" also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a fee not exceeding two dollars as a service to its customers that is incidental to its main purpose or business.

Coin dealer: any person, firm, partnership, or corporation whose principal business is the buying, selling and trading of coins, monetized bullion, or commercial grade ingots of gold, silver or other precious metals.

Commercial grade ingots: 0.99 fine ingots of gold, silver, or platinum, or 0.925 fine sterling silver art bars and medallions, provided that the ingots, art bars, and medallions are marked by the refiner or fabricator as to their assay fineness.

Commercial printing: establishments providing printing, blueprinting, photocopying, engraving, binding, or related services.

Communication services: establishments involving point-to-point communication services, whether by wire or radio, either aurally or visually, including radio and television broadcasting stations and the exchange or recording of messages, but not including on-site transmission towers.

Drugstores: retail sales of medicinal and pharmaceutical related products.

Eating and drinking establishments: an establishment where food and drink are prepared, served and consumed primarily within the principal building.

Electronic cigarette or e-cigarette: a device that is capable of providing an inhalable dose of nicotine. Electronic cigarette does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.

Entertainment, indoor: the provision of participant or spectator entertainment within an enclosed building, excluding uses classified under adult business. Typical uses include live theater, motion picture theaters, and nightclubs.

Food sales: a retail establishment such as a grocery store or market providing food related products.

Fossil fuel service station: an establishment engaged primarily in the retail of motor vehicle fossil fuels sales and incidentally in the supplying of goods and services required in the operation to operate and maintain maintenance of motor vehicles. This classification includes incidental automobiles and light trucks repair and maintenance, but excludes body and fender work or repair of heavy trucks or vehicles, upholstery work, auto glass work, painting, tire recapping, auto dismantling, auto storage, and the sale of groceries, dairy products, liquor, garden supplies and similar items.

Funeral and interment services: establishments primarily engaged in preparing the human dead for burial and arranging and managing funerals. This classification excludes cemeteries, crematoriums, and columbariums.

Gaming: legal gaming activities.

Grocery and drug stores: an establishment where grocery and drug-related products are sold to the general public.

Health services: establishments primarily engaged in the provision of personal health services ranging from prevention and diagnosis to treatment and rehabilitation services provided by physicians, dentists, therapists, optometrists and other health care personnel. Typical uses include medical and dental offices, health maintenance organizations, optical services, immediate care facilities, rehabilitation centers and pharmacies. This classification excludes hospitals and long-term care facilities.

Hookah bar or hookah lounge: any facility, building, structure or location, where customers share tobacco or a similar smoking product from an individual or communal hookah placed throughout the establishment.

Household goods sales: an establishment engaged in the selling of household goods or merchandise to the general public.

Imitation tobacco product: any edible non-tobacco product designed to resemble a tobacco product or any non-edible, non-tobacco product designed to resemble a tobacco product. An example of an imitation tobacco product includes, but is not limited to, non-nicotine fruit or candy flavored liquids used in an electronic cigarette.

Laboratory: an establishment providing medical or dental laboratory services; or providing photo-graphic, analytical, or testing services. Other laboratories are classified as limited industry.

Limited printing: establishments that provide convenience photocopying and accessory retail-oriented services.

Lodging services: establishments offering lodging on a less than monthly basis, and having kitchens in no more than sixty percent of guest units. These classifications include commercial functions that are integrated into the lodging services operation and may be provided for the general public such as meeting rooms and eating, drinking, banquet service, inns, hotels and motels. This classification excludes uses classified under congregate living facility and room rentals in a detached dwelling unit.

Long-term care facility: an establishment providing care on a twenty-four-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services.

Maintenance and repair services: establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes the maintenance and repair of vehicles (see vehicle/equipment repair).

Nursery: an establishment selling horticultural materials in which all merchandise other than plants is kept within an enclosed building or a fully-screened enclosure, and fertilizer of any type is stored and sold in package form only.

On-premises liquor consumption: establishments predominantly engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises. Typical uses include bars, cocktail lounges, taverns and similar uses. This classification also includes live entertainment for the enjoyment of patrons, but excludes those uses classified under the commercial recreation and entertainment, indoor entertainment use type.

1. Tasting room: an establishment that offers samples of beer or wine for tasting on the premises, with or without charge.

Outdoor sales and displays: outdoor sales and displays are permitted only when in conjunction with a permanent on-site structure housing the business.

Overnight accommodations, lodging services: establishments offering lodging on a less than monthly basis, and having kitchens in no more than sixty percent of guest units. This classification includes commercial functions that are integrated into lodging services operation and may be provided for the general public such as under congregate living facility and room rentals in a detached dwelling unit. Overnight accommodations and lodging services not allowed in the neighborhood commercial district.

Pawnbroker: any person, co-partnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. The key difference between a "pawnbroker" and a "secondhand dealer" is that a pawnbroker loans money for tangible personal property while a secondhand dealer does not.

Pawnbroker does not include:

1. Auctioneers;

2. Coin dealers;

3. Secondhand dealer.

Pawnshop: a business engaged in conducting, managing, or carrying on the business of pawnbroking or loaning money, which includes buying, selling, taking in pawn tangible personal property given or deposited as security for a loan.

Payday lending business: a retail business owned or operated by a "licensee" as that term is defined in California Financial Code Section 23001(d), as amended from time to time who offers, originates, or makes a deferred deposit transaction, who arranges a deferred deposit transaction for a deferred deposit originator, who acts as an agent for a deferred deposit originator, or who assists a deferred deposit originator in the origination of a deferred deposit transaction. However, "licensee" does not include a state or federally chartered bank, thrift, savings association, industrial loan company, or credit union. "Licensee" also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a minimum fee not exceeding two dollars as a service to its customers that is incidental to its main purpose or business.

Personal improvement services: provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios; driving schools; business and trade schools; reducing salons; and health or physical fitness clubs.

1. Night use: use of the facilities between ten p.m. and seven a.m.

Personal services: provision of recurrently-needed services of a personal nature. This classification includes hair and nail care salons, garment alteration services, repair shops, dry cleaning pickup, selfservice laundries, and massage services, but excludes banks, and savings and loans.

Precious metal exchange, commonly referred to as "cash for gold": the operation of a gold and silver business, either stand alone or in conjunction with the operation of a retail store (e.g., jewelry store, or other similar store) which results in twenty percent or more of their gross business receipts being derived from the purchase of gold or silver jewelry or other similar items from a non-wholesale source (including, but not limited to, art objects, flatware, tableware or other personal household items). Gold and silver dealer does not include:

1. Auctioneers;

2. Coin dealers.

Professional and medical offices: offices of firms or organizations providing professional, executive, management, administrative, or counseling services, such as design, engineering, real estate, insurance, investment, medical and legal offices. This classification excludes banks, savings and loan associations, and health services.

Recycling collection center: a collection center for recyclable household materials, including glass, metal, paper products and other materials as may be determined by the community development director.

Restaurant: an establishment where food and drink are prepared, served, and consumed primarily within the principal building. This classification includes restaurants, lunch counters, delicatessens, coffee shops, cafes and soda fountains; includes the on-site sale of beer, alcohol and wine incidental to the principal use; but excludes those uses classified under the on-premises liquor consumption use type. This classification also includes live entertainment for the enjoyment of dining patrons, but excludes those uses classified under the commercial recreation and entertainment, indoor entertainment use type.

1. Night use: use of the facilities between ten p.m. and seven a.m.

Restaurant, take-out: an establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.

1. Night use: use of the facilities between ten p.m. and seven a.m.

Retail commercial: the retail sales of commercial goods and services to the general public.

Retail food sales: retail sales of food and/or beverages for off-site preparation and consumption. Establishments at which twenty percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as catering or restaurants.

1. Convenience store: retail sales of prepackaged food, beverages, and small convenience items typically found in establishments with long or late hours of operation.

2. Liquor store: a retail establishment at which fifty percent or more of the transactions involve the sale of alcoholic beverages for off-site consumption.

Retail sales: establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This classification includes processing or manufacturing activities incidental or subordinate to the primary retail activity whose products are primarily sold onsite, such as a jeweler or bakery.

1. Limited: retail sales of products manufactured by a principal industrial use.

2. Visitor-oriented: retail sales of specialty goods which are likely to be of interest or may be required by visitors to the community, such as gifts, souvenirs, handcrafts, antiques, and clothing.

Secondhand dealer: a retail use where any person, co-partnership, firm or corporation in possession of a valid secondhand dealer's license (California Finance Code Section 2100) whose business includes buying, selling, trading, accepting for sale on consignment, accepting for auctioning or auctioning secondhand tangible personal property. A secondhand dealer who buys secondhand tangible personal property would be required to obtain a license from the police chief and file reports pursuant to California Business and Professions Code Sections 21625 through 21647. Secondhand dealer does not include:

1. Auctioneers;

2. Coin dealers;

3. Pawnbroker.

Tangible personal property: all secondhand property including, but not limited to: clothing, jewelry, personal property which bears a serial number or personalized initials or inscription which is purchased by a second hand dealer; or, which, at the time it is acquired by the second-hand dealer bears evidence of having had a serial number or personalized initials or inscription. Tangible personal property also includes new or used motor vehicles. Tangible personal property does not include new goods or merchandise purchased from a bona fide manufacturer or distributor or wholesaler of such new goods or merchandise, or coins, monetized bullion, or commercial grade ingots of precious metals.

Tobacco paraphernalia: cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco products.

Tobacco product: any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be intro- duced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

Tobacco retailer, large-scale: a store equal or greater than ten thousand square feet that devotes more than five percent of their floor areas to the sale, display, sale and storage of any combination of the following products: tobacco products, tobacco paraphernalia, imitation tobacco product, electronic cigarettes, and devices capable of providing an inhalable dose of nicotine.

Tobacco retailer, small-format: any room, store, building, or other place less than ten thousand square feet in which fifty percent or more of the transactions involve the sale of any combination of the following products: tobacco products, tobacco paraphernalia, imitation tobacco product, electronic cigarettes, and devices capable of providing an inhalable dose of nicotine.

Vapor bar or vapor lounge (also referred to as "smoking device bar" or "electronic smoking device lounge"): any facility, building, structure or location where customers use an electronic smoking device or other apparatus to deliver an inhaled dose of nicotine or other substance within the establishment.

Vehicle/Equipment Sales and Services.

1. Automobile rental: rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts.

2. Automobile washing: washing, waxing or cleaning of automobiles or similar light vehicles.

3. Service station: an establishment engaged primarily in the retail sale of motor fuels and incidentally in the supplying of goods and services required in the operation and maintenance of motor vehicles. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of heavy trucks or vehicles, upholstery work, auto glass work, painting, tire recapping, auto dismantling, auto storage, and the sale of groceries, dairy products, liquor, garden supplies and similar items.

4. Vehicle/equipment repair: repair of automobiles, light trucks, motorcycles, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, wheel and brake shops, and tire sales and installation, but excludes body and fender shops, repair of heavy trucks or vehicles, vehicle dismantling or salvage, and tire retreading or recapping.

5. Vehicle/equipment sales, lease and rentals: sale, lease or rental of automobiles, trucks, tractors, construction and agricultural equipment, mobilehomes, and similar equipment, including storage of vehicles for sale, lease or rental and incidental maintenance and repair of such vehicles.

Video rentals: a retail establishment where the rental or sale of video related products is performed.

Wholesaling, commercial: wholesaling and storage of commercial goods and supplies within an enclosed building, but excluding distribution activities.

Zero emission vehicle service station: an establishment engaged primarily in retail electric vehicle fuel sales and incidental goods and services required to operate and maintain zero emission motor vehicles. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of heavy trucks or vehicles, upholstery work, auto glass work, painting, tire recapping, auto dismantling, auto storage, and the sale of groceries, dairy products, liquor, garden supplies and similar items. This classification does not include electric vehicle charging stations installed as an accessory use (see "Accessory use" definition in Section 19.04.030).

Industrial uses include the on-site production of goods by methods not agricultural in nature, distribution, warehousing, and storage activities, research and development, and vehicle and equipment services other than those classified as commercial uses.

Cannabis distributor: a business that transports cannabis products between licensees such as purchases from cultivators and manufacturers. Distributors provide required quality assurance services and arrange for (but do not perform) lab testing. "Distributor" also includes retail delivery for non-storefront locations.

Cannabis indoor cultivation: growing cannabis plants entirely indoors for commercial purposes. This classification may include hydroponics and artificial lights to provide plants with the nutrients and light levels required for growth.

Cannabis manufacturing: processing cannabis products, primarily from extracted or raw cannabis materials, or bulk storage and handling of volatile and nonvolatile cannabis products and materials.

Cannabis microbusiness: a cannabis business that engages in at least three of the following activities: non-storefront retailer, distributor, transport only distributor, indoor cultivation (less than one thousand square feet), and manufacturer (State License Level 1, Type 6).

Cannabis testing: establishments primarily engaged in cannabis research of an industrial or scientific nature, including cannabis product testing and biotechnology, but excluding manufacturing. This classification also includes required testing for cannabinoid levels (such as THC and CBD), pesticides, fungus, heavy metals, and other contaminants.

Hazardous use: a use that primarily involves the storage, manufacture, or processing of highly combustible or explosive products or materials which are likely to burn with extreme rapidity or which may produce poisonous fumes or explosions; storage or manufacturing that involves highly corrosive, toxic, or noxious alkalis, acids, or other liquids or chemicals producing flame, fume, poisonous, irritant, or corrosive gases; or the storage or processing of any materials producing explosive mixtures of dust or that result in the division of matter into fine particles subject to spontaneous ignition.

Industry, general: manufacturing or processing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification may involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture and processing; heavy equipment and vehicle assembly and service; food and beverage processing and packaging; laundry and dry cleaning plants; auto dismantling and salvage within an enclosed building; stone, clay, and concrete products manufacture (excluding concrete ready-mix plants); metal work; and wood products manufacture and remanufacture.

Industry, limited: manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial ser-vices; both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and vehicle/equipment services.

Mineral extraction: the extraction of earth material from a borrow pit, for transportation to and use at another location.

Recycling center: a site, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.

Research and development: establishments primarily engaged in research of an industrial or scientific nature, including limited product testing and biotechnology, but excluding manufacturing.

Storage tanks: private on-site natural or artificial places and structures where liquids or material is collected, accumulated, and stored and the cumulative sum of all on-site storage capacity equals or exceeds twenty-five thousand gallons.

Vehicle/Equipment Services.

(1) Heavy vehicle/equipment repair: repair of heavy trucks or vehicles, mobilehomes, recreational vehicles, or boats; body and fender shops; tire retreading and recapping; and upholstery work. This classification does not include vehicle dismantling or salvage.

(2) Vehicle storage: storage of operative or inoperative vehicles. This classification includes storage of parking towaways, impound yards, and storage lots for commercial and recreational vehicles.

Warehousing and storage: provision of storage space for household or commercial goods within an enclosed building. This classification includes ministorage facilities, but excludes trucking terminals.

Wholesaling, Distribution and Storage.

(1) Trucking terminal: a wholesaling, storage, or distribution facility having more than six heavy trucks on the premises at one time, but excluding trucking accessory to a limited industry classification.

(2) Small-scale: wholesaling, storage, and distribution having a maximum gross floor area of five thousand square feet, and having no more than two docks or service bays.

The purpose of this section is to define the various permitted uses in the recreation and open space classifications.

Campground: a plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes.

Marina: a facility for the storing, rental, servicing, fueling, berthing, and securing of boats, that may include eating and retail facilities for owners, crews, and guests.

Recreational facilities, private: recreational facilities for the sole use of on-site or project residents and their guests, including swimming pools, spas, sports courts and community clubhouses.

Recreation facilities, public: publicly owned and operated parks, playgrounds, playing fields, gymnasiums, and other facilities for active and passive recreation.

Recreation and sports, indoor: the provision of predominantly participant sports and health activities within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller-skating rinks, indoor racquetball courts, athletic clubs, and health clubs.

Recreation and sports, outdoor: predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include hiking trails, equestrian facilities, driving ranges, golf courses, swimming pools, and tennis courts.

Recreation, passive: activities that involve relatively inactive or less-energetic activities, such as walking, hiking, horseback riding, observing, and picnicking.

Recreational vehicle park: any lot or parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. "Temporary" in this case shall be defined as occupancy for fewer than ninety continuous days.

Staging area: an area that provides access to regional park trails and public recreational uses. Public parking and information and interpretive centers are included.

Public and quasi-public use types include utility, educational, cultural, medical, protective, governmental and other uses which are strongly vested with public or social importance.

Ambulance service: provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.

Ambulance service, public: ambulance service that is operated by or contracted to the city of American Canyon or the American Canyon fire district.

Animal shelter: provision of shelter and care for stray animals, including feeding, exercising, grooming and incidental medical care. This classification includes the disposition of animal remains.

Antenna: a noncommercial device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally-based structures.

(1) Commercial: an antenna used for commercial purposes. Commercial antenna also means macro wireless facility, which means any high-powered wireless telecommunication facility used to serve a major coverage area of several miles with multiple antennas.

(2) Small-cell antenna facility: Small-cell antenna facility consisting of antennas, antenna supports, equipment, cabinets, equipment housing and enclosure; and related accessory equipment. SAF also means a micro wireless facility. See Section 19.53.030.

Cemetery: land used for the burial of human remains and dedicated for cemetery purposes, including crematoriums, mausoleums and mortuaries operated in conjunction with the cemetery.

Charitable uses: use by nonprofit or benevolent organizations to provide a service beneficial to the general public or to a significant portion of the public for no fee or at a fee recognized as being less than that charged by profit-making organizations.

Club, lodge: meeting, recreational or social facilities of a private or nonprofit organization primarily for use by members or guests.

Community center: one or more buildings used for recreational, social, education, or cultural activities, open to the public or a designated part of the public.

Conference center: a facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, and meeting rooms.

Cultural facility: nonprofit institution displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries.

Day care center: a facility, other than family child care homes, providing care, supervision, and protection of children or senior citizens on a less than twenty-four-hour basis.

Emergency shelter: a facility, other than a residential care home, operated by a provider, which provides temporary accommodations to homeless persons and/or families and which meet the standards for shelters contained in Title 25, California Administrative Code, Part 1, Chapter P, Subchapter 12, Section 7972. The term "provider" means a government agency or private nonprofit organization which provides, or contracts with recognized community organizations to provide emergency or transitional shelter for the homeless, and which has been certified by the city as meeting all applicable provisions contained in the California Health and Safety, and Administrative Codes. "Temporary accommodations" means that a homeless person or family will be allowed to reside at the shelter for a time period not to exceed six months.

Government facility: a facility used by a government agency to provide a public service.

Hospital: a facility that provides medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees.

Maintenance and service facility: a facility providing maintenance and repair services for publicly-owned vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities.

Public information center: a facility providing information to visitors to the city and region regarding points of interest, activities, businesses and lodging.

Public parking: surface parking facilities that are publicly owned and operated.

(1) Structure: includes garages and other types of parking located in structures.

Public safety facility: a facility for public safety or emergency services, including police and fire protection.

Religious facility: a facility for religious worship and incidental religious education, but not including schools as defined in this section.

School: any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.

Transportation terminal: facilities for loading, unloading, and transferring passengers, baggage, and incidental freight between modes of transportation. This classification includes bus terminals, railroad stations, and public transit stations.

Utilities, major: electrical substations, aboveground electrical transmission lines, refuse collection or disposal facilities, water reservoirs, water wells, detention basins, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

Utilities, minor: utility facilities that are necessary to support legally established uses and involve only minor structures, such as electrical distribution lines, gas distribution pipelines, utility poles, and pole transformers, but excluding antennas and antenna towers.

This section is intended to implement the general plan's provision for certain agricultural uses.

Animal husbandry: raising of animals or production of animal products, such as eggs or dairy products, on an agricultural or commercial basis. This classification includes grazing, ranching, dairy farming, poultry raising, the raising of fur-bearing animals, and the sale and storage of materials produced on-site, but excludes the raising of swine, feed lots, stockyards, slaughterhouses, dead animal rendering and wild animal keeping.

Cannabis outdoor cultivation: growing cannabis plants entirely outdoors for personal or commercial purposes.

Crop production: raising and harvesting of tree crops, row crops, vine crops, or field crops on an agricultural or commercial basis, including pack-ing, processing and storage, but excluding canneries.

Winery: premises for the production, blending, cellar treatment, storage and bottling of wine other than cider, experimental wine or wine for personal consumption by the producer. Tasting rooms are allowed in conjunction with a primary winery use on the same site.

Accessory uses are uses that are incidental to the principal permitted or conditionally-permitted use or structure on a site and are customarily found on the same lot.

Accessory dwelling unit: a dwelling unit located in a commercial zoning district on the same site as a primary permitted or conditionally-permitted use.

Livestock keeping: the keeping of large animals for personal purposes, including equines, bovines, sheep and goats, but excluding swine, in accordance with the provisions of Chapter 19.31, Animal Keeping Regulations.

Cafeteria: incidental dining facilities provided for on-site employees and guests of a commercial or industrial use.

Caretaker's quarters: a dwelling unit on the site of a commercial, industrial, public or semipublic use, occupied by a guard, caretaker, or operator of a facility.

Day care home, large: the provision of care, protection and supervision, in the provider's own home, for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home, on a less than twenty-four-hour basis.

Day care home, small: the provision of care, protection and supervision, in the provider's own home, for six or fewer children, inclusive, including children under the age of ten years who reside at the home, on a less than twenty-four-hour basis.

Family child care home, large: the provision of care, protection and supervision, in the provider's own home, for up to fourteen children on a less than twenty-four-hour basis.

Family child care home, small: the provision of care, protection and supervision, in the provider's own home, for eight or fewer children on a less than twenty-four-hour basis.

Guest house: detached living quarters of no more than six hundred forty square feet on the same premises as a primary residence for the use of family members, guests or employees of the occupants of such residence, containing no kitchen facilities and not rented or otherwise used as a separate dwelling.

Home occupation: one or more activities carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit.

Horticulture, limited: the raising of vegetables, flowers, ornamental trees and shrubs, or orchard crops for personal use.

Recreational facilities, private: recreational facilities for the sole use of on-site or project residents or similar activities not requiring the use of roofed structures.

Tent: a temporary structure having a roof and/or walls of fabric.

Temporary uses are those allowed for a fixed period of time, with the intent of their discontinuance upon the expiration of the time period.

Commercial filming: commercial motion picture or video photography at the same location six or fewer consecutive days per quarter of a calendar year in residential districts or fewer than fifteen days per quarter of a calendar year in nonresidential districts.

Live entertainment: music, comedy, readings, dancing, acting or other entertainment performed on a temporary basis. This classification includes dancing by patrons to live or recorded music.

Mobile structures: temporary mobilehomes, mobile offices, mobile classrooms and recreational vehicles used in connection with new subdivisions, construction sites and existing uses of land.

Personal property sales: the selling or disposition of personal property at a residence by its occupant(s), or at a church or charity bazaar, subject to the provisions of the municipal code.

Public assembly: any group of thirty or more persons participating in an organized activity having a common purpose on or within a city street, city park, parking facility, sidewalk, or other public property or right-of-way.

Retail sales, outdoor: temporary outdoor retail sales of new merchandise on the site of a legally established retail business which has a direct relationship to existing businesses.

Seasonal sales: outdoor retail sales of seasonal agricultural items, such as Christmas trees, strawberries, pumpkins, and holiday flowers.

Special event:

(1) Any temporary event not exceeding thirty days, whether indoors or outdoors, involving thirty or more persons, which is inconsistent with the permanent use to which the property may legally be put, or the occupancy levels permitted on property; or

(2) Any public assembly as defined in this section; or

(3) Any event, regardless of the number of persons involved, requiring full or partial street closure, which occurs on a city street, sidewalk, alley, or other public right-of-way, and/or which is likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic.

The following list of examples is illustrative, but not determinative, of activities that may constitute "special events":

(1) Motorized vehicle races or contests.

(2) Carnivals, circuses, fairs, festivals, nondomesticated animal act or exhibition, and similar activities.

(3) Any event with mechanical amusement rides.

(4) Promotional or fundraising activities.

(5) Parades.

(6) Outdoor shows, concerts and exhibitions.

(7) Outdoor craft fairs, soapbox derbies, or other similar events.

Tent: a temporary structure having a roof and/or walls of fabric.

This Article is applicable to all warehousing, logistics and distribution facilities throughout the city for which a Notice of Preparation is issued after March 1, 2024 under the implementing Guidelines of the California Environmental Quality Act (CEQA).

A warehousing, logistics or distribution facility means facilities used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials and excludes bulk storage of materials, which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. The facilities are generally greater than 200,000 square feet in size, with a land coverage ratio of approximately 50 to 80 percent, and a dock-high loading door ratio of approximately 1:5,000-8,000 square feet. They are characterized by dock high loading doors, could be on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including:

• Freight yards/forwarding terminals
• Warehousing distribution/high cube distribution centers
• Moving agencies
• Parcel delivery terminals
• Railroad freight stations
• Shipping/receiving yards
• Truck terminals

The following sections shall supersede any existing requirements in the Municipal Code and Specific Plans.

(a) On-site motorized operational equipment, including but not limited to forklifts, yard trucks, and pallet jacks, shall be ZE (zero emission). This includes electrical hook ups to the power grid, rather than diesel-fueled generators, for contractors' electric construction tools, such as saws, drills and compressors.

(b) All outdoor cargo handling equipment (including yard trucks, hostlers, yard goats, pallet jacks, forklifts, and landscaping equipment) shall be zero-emission vehicles. Each building shall include the necessary charging stations or other necessary infrastructure for zero-emission cargo handling equipment.

(c) Prior to issuance of a business license, the City shall ensure rooftop solar panels are installed and can be operated in such a manner that they will supply 100% of the power needed to operate all non-refrigerated portions of the facility including the parking areas.

(d) Unless the owner of the facility records a covenant on the title of the underlying property ensuring that the property cannot be used to provide chilled, cooled, or freezer warehouse space, a conduit shall be installed during construction of the building shell from the electrical room to 100% of the loading dock doors that have potential to serve the refrigerated space. When tenant improvement building permits are issued for any refrigerated warehouse space, electric plug-in units shall be installed at every dock door servicing the refrigerated space to allow transport refrigeration units (TRUs) to plug in. Truck operators with TRUs shall be required to utilize electric plug-in units when at loading docks.

(e) All generators, and all diesel-fueled off-road construction equipment greater than 75 horsepower, will be zero-emissions or equipped with CARB Tier IV-compliant engines (as set forth in Section 2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 of the Code of Federal Regulations) or better by including this requirement in applicable bid documents, purchase orders, and contracts with successful contractors. After either (1) the completion of grading or, (2) the completion of an electrical hookup at the site, whichever is first, require all generators and all diesel-fueled off-road construction equipment, to be zero-emissions or equipped with CARB Tier IV-compliant engines (as set forth in Section 2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 of the Code of Federal Regulations) or better by including this requirement in applicable bid documents, purchase orders, and contracts with successful contractors. An exemption from these requirements may be granted by the City in the event that the applicant documents that equipment with the required tier is not reasonably available and corresponding reductions in criteria air pollutant emissions are achieved from other construction equipment.

(f) Prior to certificate of occupancy, install conduit and infrastructure for Level 2 (or faster) electric vehicle charging stations on-site for employees for the percentage of employee parking spaces commensurate with Title 24 requirements in effect at the time of building permit issuance plus additional charging stations equal to 5% of the total employee parking spaces in the building permit, whichever is greater. By 2030 install Level 2 (or faster) electric vehicle charging stations for 25% of the employee parking spaces required.

(g) Install HVAC and/or HEPA air filtration systems in all warehouse facilities.