Emeryville City Zoning Code
CHAPTER 2
USE CLASSIFICATION
9-2.101 Purpose.
This chapter establishes the Use Classification System. The purpose of these provisions is to classify uses of land according to common characteristics, thereby providing a basis for regulation of such uses in accordance with criteria that are in the public interest and consistent with the General Plan. These provisions shall apply throughout this title.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.102 Rules for Classification.
(a)
Use Classifications. All uses shall be classified according to the use classifications described in this chapter. The names of these use classifications are capitalized throughout this title. The "typical uses" described for various use classifications are not intended to limit the uses in the use classifications for which they are examples.
(b)
Authority to Classify. The Director of Planning and Building shall have the authority to classify uses according to the use classifications described in this chapter. The Director's classification of any particular use shall be based on the description of the use classification that most closely resembles the characteristics of the use in question.
(c)
Combinations of Uses.
(1)
Individual Establishments. If the uses conducted on a lot by an individual establishment resemble two (2) or more use classifications, the principal use shall be the one (1) that most closely portrays the overall nature of the establishment. All other uses conducted by the establishment shall be considered accessory uses except as specified in Article 7 of this chapter.
(2)
Multiple Establishments. On a lot containing multiple establishments, the principal use of each such establishment shall be classified separately in accordance with subsection (c)(1) of this section.
(d)
Uses Not Listed. When no use classification description appears to closely resemble the characteristics of a particular use, the Director may consult other reference sources to assist in determining the appropriate use classification for the use in question. Such other sources may include, but are not limited to, the Land Based Classification Standards (LBCS) of the American Planning Association and the North American Industry Classification System (NAICS).
(e)
Right of Appeal. The Director's classification of a particular use into a use classification, pursuant to the provisions of this chapter, may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.103 Principal and Accessory Uses.
All uses shall be classified as either principal or accessory. Subject to the rules for classification in Section 9-2.102, and except as specified in Article 7 of this chapter, any use may be either a principal use or an accessory use.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.104 Permanent and Temporary Uses.
Except as otherwise provided in this title, any use may be permanent or temporary, as defined in this section. Temporary uses shall be subject to the applicable provisions for temporary use permits in Article 6 of Chapter 7.
(a)
Permanent Use. A use that is intended to be continuously ongoing at the same location for more than sixty (60) days.
(b)
Temporary Use. A use that is either not intended to be ongoing for more than sixty (60) days, or that is not intended to be continuously ongoing.
(1)
One (1) Time Temporary Use. A use that is intended to be ongoing at the same location for sixty (60) days or less. Typical uses include carnivals, Halloween pumpkin lots, and Christmas tree lots.
(2)
Recurring Temporary Use. A use that is intended to recur at the same location at regular or irregular intervals, where each occurrence lasts for seven (7) days or less, the interval between occurrences is at least twice the length of each occurrence, and the total number of occurrences may or may not be limited. The lengths of individual occurrences and the intervals between them shall be measured in whole days. Typical uses include farmers' markets and similar recurring events. If an occurrence lasts for more than seven (7) days, each such occurrence shall be considered a separate One (1) Time Temporary Use pursuant to subsection (b)(1) of this section. If the interval between occurrences is less than twice the length of each occurrence, the use shall be considered a Permanent Use pursuant to subsection (a) of this section.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.105 Regulations and Standards for Specific Uses and Activities.
The descriptions of use classifications in this chapter do not include any regulatory provisions. See Chapter 5 for regulations and standards that apply to specific uses and activities. Regulatory provisions are referenced as appropriate following various use classification descriptions in this chapter.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.201 General Description of Residential Use Types.
Residential use types include the occupancy of living accommodations on a wholly or primarily nontransient basis.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.203 Single Unit.
One (1) dwelling unit located on a single lot, whether detached from or attached to dwelling units on abutting lots.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.205 Two (2) Unit.
Two (2) dwelling units located on a single lot that may be either attached or detached. This use type is distinguished from an accessory dwelling unit, which is an accessory residential unit as defined by State law and Article 7 of this chapter.
(Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.207 Multi-Unit.
Three (3) or more dwelling units on a single lot that may be either attached or detached. Typical uses include townhouses, condominiums, and apartment buildings. (See also Article 20 of Chapter 5.)
(Sec. 3, Ord. 15-009, eff. Dec. 3, 2015; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.209 Domestic Violence Shelter.
A facility where victims of domestic violence or sexual abuse are provided temporary housing, food, and other specialized services in compliance with California Welfare and Institutions Code Section 18290 et seq.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.211 Group Residential.
Accommodations generally offered on a weekly or longer basis consisting of shared living quarters or single room occupancy (SRO) housing with more than one (1) room or unit sharing kitchen and/or bathroom facilities. This classification includes boarding houses and dormitories. This use type excludes Residential Care Facilities, Supportive Housing, Transitional Housing, Emergency Shelters, and Lodging use types.
(a)
Small. A Group Residential facility for six (6) or fewer persons.
(b)
Large. A Group Residential facility for seven (7) or more persons.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.213 Mobile Home Park.
A development designed to be occupied by mobile homes including facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile homes through a subdivision, cooperative, condominium or other form of resident ownership.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.215 Residential Care Facility.
A facility licensed by the State of California to provide twenty-four (24) hour living accommodations and care for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living or for the protection of the individual. Accommodations generally consist of shared living quarters with more than one (1) room or unit sharing kitchen and/or bathroom facilities. Typical uses include hospices, nursing homes, convalescent facilities, and group homes for minors, persons with disabilities, and people in addiction recovery. This use type excludes Domestic Violence Shelters, Group Residential, Supportive Housing, Transitional Housing, Emergency Shelters, and Lodging use types. See also Sections 9-5.211 and 9-5.212.
(a)
Limited. A Residential Care Facility providing care for six (6) or fewer persons.
(b)
General. A Residential Care Facility providing care for more than six (6) persons.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.217 Supportive Housing.
Housing with no limit to the length of stay that is linked to supportive services, either on or off site, to assist residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. This use classification includes assisted living facilities. See also Section 9-5.214.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.219 Transitional Housing.
Temporary housing, of six (6) to twenty-four (24) months, with supportive services. Accommodations may consist of shared living quarters with more than one (1) room or unit sharing kitchen and/or bathroom facilities. Self-sufficiency development services are provided with the goal of moving residents to permanent housing. This use type excludes Group Residential, Residential Care Facilities, Supportive Housing, Emergency Shelters, and Lodging use types. See also Section 9-5.214.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.301 General Description of Commercial and Institutional Use Types.
Commercial and Institutional use types include offices, retailers, services, and public, educational, cultural, and medical institutions.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.303 Adult Oriented Businesses.
Adult entertainment businesses as further defined in Article 3 of Chapter 5.
(a)
Retail. Adult Oriented Businesses engaged in retail sales or rentals of books, videos, or other adult oriented materials as defined in Article 3 of Chapter 5.
(b)
Performance. Adult Oriented Businesses engaged in live or recorded performances as defined in Article 3 of Chapter 5.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.305 Animal Care and Sales.
Animal-related sales and services, excluding the cremation and burial of animals.
(a)
Grooming. Grooming or bathing of animals.
(b)
Kennel/Animal Care. Training, boarding, care, or exercising of animals. Typical uses include animal shelters, dog day care and pet boarding. See also Section 9-5.202.
(c)
Pet Stores. Animal and animal-related sales and services. If animals are not sold, the selling of animal-related products shall be considered Retail.
(d)
Veterinary Services. Medical and health services for animals. Typical uses include veterinary offices, pet clinics and animal hospitals. This use type excludes kennels.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.307 Arts and Entertainment.
Art and entertainment related services or products.
(a)
Gallery. Display and selling of art. Typical uses include art galleries and show rooms. This use type excludes Community Assembly and Cultural Institutions.
(b)
Indoor Entertainment. Dedicated entertainment venues in which the audience is generally seated indoors. Typical uses include movie theaters, rehearsal spaces, concert halls, and playhouses. This use type excludes Adult Oriented Businesses, Community Assembly and Recreation use types.
(c)
Outdoor Entertainment. Dedicated entertainment venues in which the audience is generally seated outdoors. Typical uses include outdoor theaters. This use type excludes Major Public Services and Recreation use types.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.309 Banks and Financial Institutions.
Financial and banking services primarily serving walk-in clients.
(a)
Traditional Financial Institutions. Establishments engaged in deposit banking in which customers typically open and maintain long-term accounts, and which perform closely related functions such as making loans, investments, and fiduciary activities. Typical uses include banks, credit unions, and savings and loan institutions.
(b)
Nontraditional Financial Institutions. Establishments engaged in short-term lending and buy-back activities in which customers typically take part in one (1) time or infrequent transactions and do not open long-term accounts or deposit funds. Typical uses include check cashing services, pay day lenders (also known as deferred deposit originators), pawnbrokers, cash for gold dealers, and similar activities.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.311 Business Services.
Goods and services provided to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, photo finishing, model building, and taxi or delivery services with two (2) or fewer fleet vehicles on site. This use type excludes Offices use types and fleets included in Light Fleet under the Transportation and Delivery Services use classification.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.313 Colleges and Trade Schools.
Institutions of higher education primarily focused on post-secondary school training and education that usually offer higher degrees or certifications. This use type generally includes facilities with multiple classrooms and may include accessory uses including offices, gymnasiums, and auditoriums. Typical uses include adult schools, colleges, technical and trade schools, and universities. This use type excludes the Instructional Services use type.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.315 Community Assembly.
Facilities for public or private meetings including community centers, banquet centers, religious assembly facilities, multi-purpose rooms, civic and private auditoriums, union halls and meeting halls for clubs and other membership organizations. Community Assembly facilities may be used for a variety of accessory functions including classes, rites of passage, dancing, eating, and events. Related facilities including kitchens, multi-purpose rooms, and storage are included. This use type excludes Indoor Entertainment, Indoor Recreation, Day Care Centers, Colleges and Trade Schools, and Major Public Services.
(a)
Small. Community Assembly facilities with one thousand five hundred (1,500) square feet or less of gross floor area.
(b)
Large. Community Assembly facilities with over one thousand five hundred (1,500) square feet of gross floor area.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.317 Day Care Centers.
Facilities for the daytime caring of people. Typical uses include day care centers, pre-schools, nursery schools, after-school care and adult day care. This use excludes use types described under Instructional Services and Family Day Care Home.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.319 Eating and Drinking Establishments.
Establishments primarily engaged in the sale of prepared food and beverages.
(a)
Bars/Nightclubs/Lounges. Establishments primarily engaged in the preparation and sale of alcoholic beverages, including beer, wine and mixed-drinks, for on-premises consumption with little or no food pursuant to an appropriate license from the California Department of Alcoholic Beverage Control, including but not limited to license types 40, 42 and 48. Typical uses include bars, taverns, cocktail lounges, and similar uses that are not classified as Restaurants.
(b)
Restaurants. Establishments primarily engaged in the preparation of food and beverages for on- or off-premises consumption. This use type includes the on-site sale of alcoholic beverages as a secondary or accessory service pursuant to an appropriate license from the California Department of Alcoholic Beverage Control, including but not limited to license types 01, 02, 23, 41, 47, 49, 59, and 75. Typical uses include restaurants, cafes, delicatessens, coffee shops and catering businesses or bakeries that have a storefront retail component.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.321 Emergency Shelters.
Housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person or family. Medical assistance, counseling, and meals may be provided.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.323 Funeral Homes, Mortuaries and Mausoleums.
The care, preparation, or keeping of the dead. This use type includes space for services and assembly. This use type excludes crematories, which are included in the Crematory use type, and cemeteries, which are included in the Major Public Facilities use type.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.325 Health Care.
(a)
Clinics and Medical Offices. Outpatient health care services. Typical uses include dialysis clinics, blood donation centers, medical offices and specialized care services such as chiropractors, acupuncturists, naturopaths, and holistic medicine.
(b)
Hospitals. Establishments that provide medical, psychiatric, or surgical services to sick or injured persons primarily on an inpatient basis. Hospitals may include outpatient, emergency, and other health care related services.
(c)
Medical Laboratories (Nonresearch). Laboratories specializing in the collection and routine analysis of bodily fluid or tissue samples for medical purposes. Medical Laboratories excludes the Research and Development use type.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.327 Instructional Services.
Services for the purpose of personal enrichment. Typical uses include classes or instruction in music, health, athletics, art, or academics. Instructional Services includes rehearsal studios as an accessory use. This use type excludes Colleges and Trade Schools.
(a)
Individual/Small Group Instruction. Instructional Services for five (5) or fewer students.
(b)
Group Instruction. Instructional Services provided for six (6) or more students.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.329 Libraries and Museums.
Institutions primarily engaged in public access to, and preservation of, items that have historical or societal value. Libraries and Museums may include related gatherings, events and performances as well as accessory uses including gift shops, cafes and auditoriums. This use type excludes Arts and Entertainment.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.331 Live/Work Unit.
A unit that combines a work space and incidental residential occupancy that is occupied and used by a single household in a structure that has been constructed for such use or is converted from commercial or industrial use and altered to accommodate residential occupancy and work activity in compliance with the Building Code. See also Article 9 of Chapter 5.
(a)
Heavy. A Live/Work Unit in which the work activity may be objectionable because it produces offensive order, dust, noise, bright lights or vibration or involves the storage of hazardous materials or products, including activities such as manufacturing, welding or assembly.
(b)
Light. Any Live/Work Unit not classified as heavy live/work.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.333 Lodging.
Establishments engaged in the provision of commercial sleeping accommodations on a primarily short-term basis to the general public. This use type excludes Residential use types.
(a)
Hotels. Sleeping accommodations that are not in a dwelling unit for stays of thirty (30) consecutive calendar days or less in duration, where access to rooms is primarily from interior lobbies, courts, or halls. Typical uses include hotels, extended stay hotels, and hostels. This use type includes related facilities such as restaurants, meeting rooms and spas.
(b)
Motels. Sleeping accommodations that are not in a dwelling unit for stays of thirty (30) consecutive calendar days or less in duration, where access to rooms is primarily from the exterior of the building. This use type includes related facilities such as restaurants, meeting rooms and spas.
(Sec. 4 (part), Ord. 17-001, eff. Apr. 20, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.335 Major Public Services.
Large-scale uses not described in other use types. Typical uses include airports, stadiums, cemeteries, golf courses, prisons, and bus yards.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.337 Marinas.
Facilities for the docking of boats and related accessory uses including boat rentals, boat repairs, boat fueling facilities, and a harbor master's office.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.339 Motor Vehicle Sales and Services.
Businesses that sell, rent, or service motorized vehicles such as automobiles, boats, and motorcycles.
(a)
Cleaning. Washing, waxing, and polishing of vehicles. The cleaning of a vehicle's interior may be included. Typical uses include full-service and self-serve car washes.
(b)
Rentals. Rentals of motor vehicles stored on site. Typical uses include car and truck rental agencies. This use type excludes car-sharing.
(c)
Sales and Leasing. Automobile, recreational vehicle, boat, and motorcycle dealers, including incidental storage and maintenance.
(d)
Repair and Service. Repair and servicing of vehicles, including the sale and installation of parts. Typical uses include muffler shops, tire sales and installation, repair garages, maintenance services, touch-ups and painting, and automotive glass shops.
(e)
Service Station. Motor vehicle fuel sales, including alternative fueling stations for electric or hybrid vehicles or other alternative fueling (e.g., hydrogen). Accessory uses may include minor repair services and the sale of packaged food, motor oils, replacement parts, and accessories.
(f)
Towing and Impounding. Towing, impounding and storage of operable motor vehicles. Accessory services may include vehicle storage and emergency road repair. Typical uses include storage lots and towing services. Towing and Storage excludes Parking, Salvaging and Wrecking, Storage and Distribution, and Business Services use types.
(g)
Alternative Energy Vehicle Showrooms. Indoor showrooms for alternative energy vehicles for sale or lease, without incidental storage and maintenance of said vehicles. Such showrooms shall be five thousand (5,000) square feet or less.
(h)
Alternative Energy Vehicle Charging Stations. Alternative fuel sales for electric or any other alternative energy vehicles. Accessory uses may include minor repair services and the sale of packaged food, replacement parts, and accessories.
(Sec. 3, Ord. 24-008, eff. Aug. 1, 2024; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.341 Offices.
Executive, management, administrative, design, professional, or other similar services. Office use types may include accessory storage. Office use types exclude Banks and Financial Institutions and Clinics and Medical Offices use types.
(a)
General. General, nongovernmental offices with only incidental walk-in clientele. Typical uses include corporation headquarters, administrative offices, high technology offices, and software development firms.
(b)
Government. Administrative, clerical, or public contact offices of a government agency. Typical uses include post offices, city halls, social services and government administration. Accessory storage and vehicle maintenance may be included.
(c)
Walk-In Clientele. A business office primarily serving walk-in clientele located on the ground floor. Typical uses include employment agencies, insurance offices, tax preparation, and real estate offices.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.343 Parking.
Operable motor vehicle parking on a temporary basis within a privately or publicly owned off-street parking area with or without a fee.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.345 Personal Services.
Personal improvement and nonmedical care services. Typical uses include beauty salons, massage studios, self-service laundries, dry cleaners with drop-off facilities, and barber shops.
(a)
Small. Personal Services facilities with one thousand five hundred (1,500) square feet or less of gross floor area.
(b)
Large. Personal Services facilities with over one thousand five hundred (1,500) square feet of gross floor area.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.347 Public Safety Facilities.
Emergency and safety services and facilities. Typical uses include police, fire and ambulance service facilities with accessory storage, training and maintenance facilities.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.349 Recreation.
Services and facilities for participatory sports and recreation. The Recreation use type includes instruction as an accessory use.
(a)
Gaming. Gaming activities conducted within an enclosed building compliant with Federal, State, and local laws. See also Section 9-5.210.
(b)
Indoor. Recreation within a building. Typical uses include sports clubs, gymnasiums, indoor swimming pools and bowling alleys with the accessory sale or rental of related equipment and sale of food.
(c)
Outdoor. Recreation outside of a building. Typical uses include parks, outdoor swimming pools, miniature golf, and sports courts with the accessory sale or rental of related equipment and sale of food.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.351 Repair Services.
Establishments primarily engaged in the provision of on-site repairs with accessory sales. Typical uses include appliance, apparel, computer and instrument repair shops. This use type excludes Retail use types that have accessory repair services as well as Motor Vehicle Sales and Services use types.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.353 Retail.
The sale or rental of merchandise not specifically listed under other use types. Typical uses include department stores, secondhand stores, wholesale stores, clothing stores, furniture stores, electronic stores, bicycle shops, hardware stores and other specialty retailers and may include accessory repair services. This use type excludes Adult Oriented Businesses, Pet Stores that sell animals, Galleries, Eating and Drinking Establishments, Motor Vehicle Sales and Services, Offices, Personal Services, and Repair Services.
(a)
Firearms and Ammunition. Establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions. See also Article 6 of Chapter 5.
(b)
Liquor Sales. Establishments selling alcoholic beverages for off-premises consumption pursuant to an appropriate license from the California Department of Alcoholic Beverage Control, including but not limited to license types 20 and 21. This use type excludes use types that sell alcohol for on-premises consumption. Accessory tasting facilities are permitted. Typical uses include liquor stores, grocery stores that sell alcohol, and beverage specialty shops.
(c)
Tobacco Shops. Establishments specializing in the sale or distribution of tobacco and tobacco related products. See also Section 9-5.213(b).
(d)
Small Stores. Retail stores, including Food and Beverage Sales, with gross floor area of five thousand (5,000) square feet or less.
(e)
Medium Stores. Retail stores with gross floor area of more than five thousand (5,000) square feet and less than forty thousand (40,000) square feet.
(f)
Large Stores. Retail stores with gross floor area of forty thousand (40,000) or more square feet.
(g)
Outdoor Sales. Retail stores in which storage and sales areas are primarily outdoors. This use type may include salvaged goods and materials other than Motor Vehicles. See also Section 9-5.213(a).
(h)
Food and Beverage Sales. Retail stores with gross floor area of more than five thousand (5,000) square feet primarily selling food and beverages for off-site preparation and consumption. Typical uses include grocery stores and food markets. This use type excludes Eating and Drinking Establishments and Liquor Sales. Accessory uses may include prepared food, eating and drinking, florist, banks, pharmacist, cafes and similar uses.
(i)
Cannabis Sales. Establishments engaged in the business of selling cannabis or cannabis products, as such products are defined in Section 5-28.03(e), for off-site and on-site consumption.
(Sec. 3 (part), Ord. 17-002, eff. May 4, 2017; Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.355 Schools.
Kindergarten through twelfth grade public or private educational facilities. Typical uses include elementary schools, middle schools, high schools, or any combination thereof.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.357 Social Service Facilities.
Noncommercial facilities providing basic necessities including meals, showers, clothing, groceries, laundry facilities, job referrals and housing placement. This use classification may include the on-site preparation and storage of meals and groceries. This classification excludes Residential uses and Emergency Shelters.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.401 General Description of Industrial Use Types.
Industrial use types include the on-site production of goods by methods not agricultural in nature, and other businesses of an industrial nature not typically serving walk-in clients.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.403 Arts-Industrial.
Work space for practicing an art or craft.
(a)
Studio-Light. Small-scale art production that is generally of a low impact. Typical uses include painting, photography, jewelry, glass, textile, and pottery studios. Accessory sales are permitted.
(b)
Studio-Heavy. Art production on a medium or large scale generally using heavy equipment. Typical uses include large-scale metal and wood working studios.
(c)
Recording Studios. Studios designed for the purpose of recording, editing, producing or broadcasting live and/or recorded music or videos.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.405 Commercial Kitchens.
Kitchens used for the preparation of food to be delivered and consumed off site. Typical uses include catering facilities. This use type excludes Food Production and Assembly as well as Eating and Drinking Establishments.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.407 Construction and Maintenance.
Upkeep, custodial and construction services. Typical uses include janitorial, landscaping, contractor and window cleaning services. This use type includes on-site offices, as well as storage for off-site services.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.409 Crematories.
Human or animal cremation facilities.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.411 Food Production and Assembly.
The preparation, manufacturing, and/or packaging of food for off-site consumption, using automated equipment. Typical uses include food production factories including bakeries, canners, roasters, breweries, wineries, and frozen food manufacturers. Accessory sales and tastings of items produced on site are permitted. This use type excludes Commercial Kitchens, as well as Eating and Drinking Establishments.
(a)
Small. Food Production and Assembly facilities with gross floor area of ten thousand (10,000) square feet or less.
(b)
Large. Food Production and Assembly facilities with gross floor area of more than ten thousand (10,000) square feet.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.413 Hazardous Waste Facilities.
Facilities that collect, store, transfer, treat or dispose of hazardous wastes. See also Article 7 of Chapter 5.
(a)
Small-Scale Waste Transfer and Storage. Off-site Hazardous Waste Facilities with waste streams small enough to be exempt from manifest requirements under California Health and Safety Code, Division 20, Chapter 6.5, Article 6. Wastes from any single generator must not exceed a total volume of five (5) gallons or a total weight of fifty (50) pounds per shipment and must meet the requirements of California Health and Safety Code Section 25163(c). Such facilities include household hazardous waste collection facilities.
(b)
Industrial Hazardous Waste Transfer/Storage/Treatment. Any Hazardous Waste Facility that is not a Small-Scale Hazardous Waste Transfer and Storage Facility.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.415 Laundry and Dry Cleaning Services.
Laundry and dry cleaning facilities not serving walk-in clients. Typical uses include laundry agencies, diaper services, and linen supply services. This use type excludes Personal Services.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.417 Manufacturing.
The transformation of materials or substances into new products by hand, machine, and/or chemical processes, including the fabrication of parts from raw materials, the assembling of component parts, and the blending of materials.
(a)
Pharmaceutical. Manufacture and/or production of pharmaceuticals.
(b)
Custom. Production of goods generally made by hand using hand tools, or equipment that is generally low impact, such as a single kiln or hand held power tools. Typical uses include the customized production of clothes, signs, furniture, and cabinetry or goods made to client specification. Accessory sales are permitted. Custom Manufacturing excludes the Arts-Industrial, Commercial Kitchens, Food Production and Assembly, and other Manufacturing use types.
(c)
Light. The manufacture of finished products or parts using predominantly previously prepared or processed materials, including the processing, assembly, fabrication, packaging, welding, storing, and warehousing of such products, as well as accessory storage, sales, and distribution of such products. Typical activities include the operation of power driven machine tools for mechanical processing and the assembly of materials into a final product.
(d)
General. The manufacture of finished products or parts using predominantly unprepared or unprocessed raw materials. Typical activities include the operation of power driven machine tools for mechanical processing and the assembly of materials into a final product.
(e)
Heavy. The manufacture or compound processes that may heavily impact surrounding uses and may necessitate the storage of toxic, flammable, or explosive materials in large volumes. This use type includes the manufacturing of chemicals, other than pharmaceuticals, including synthetic materials, paints, coatings, adhesives and fertilizers. Typical uses include refining, forging, compounding, foundry, punch press, drop hammer, and large-scale heat treating. This use type excludes Pharmaceutical Manufacturing.
(f)
Cannabis Manufacturing. Establishments engaged in commercial cannabis activity, as defined in Section 5-28.03(e).
(Sec. 3, Ord. 21-007, eff. Nov. 18, 2021; Sec. 3 (part), Ord. 17-002, eff. May 4, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.419 Recycling Facilities.
Collection or processing of recyclable materials or items.
(a)
Collection Facilities. A drop-off/collection and sorting point for recyclable materials such as paper, metal, plastic, and glass.
(b)
Processing Facilities. An industrial facility where recycled materials are processed into new materials or products.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.421 Research and Development.
Research of an industrial or scientific nature, including associated office space. Typical uses include indoor laboratories and testing facilities. This use type may include fabrication and small scale-up facilities as part of the research function, but excludes Manufacturing use types.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.423 Salvage and Wrecking.
Storage and dismantling of salvaged goods and materials, not including motor vehicles, for sale of parts, as well as their collection, storage, exchange or sale of goods.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.425 Storage and Distribution.
The storage and distribution of materials. This use type excludes the storage or distribution of live animals and motor vehicles.
(a)
Indoor. The indoor storage of items, and facilities related to their distribution.
(b)
Outdoor. The outdoor storage of items, and facilities related to their distribution. See also Section 9-4.506.
(c)
Personal. Storage services primarily for personal and household goods within enclosed storage areas that provide individual access.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.501 General Description of Agricultural Use Types.
Agricultural use classifications include uses dealing with the cultivation of soil, production of crops, or raising of animals for human use and consumption.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.503 Community Gardens.
The cultivation of plants by multiple gardeners. This use type includes the accessory sale of goods produced on site.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.505 Indoor Agriculture.
Indoor areas used for the cultivation of plants. This use type includes the accessory sale of goods produced on site.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.507 Outdoor Agriculture.
Outdoor areas used for the cultivation of plants. This use type includes the accessory sale of goods produced on site.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.509 Animal Husbandry.
Breeding and raising of small domesticated animals for sale, or in order to use or sell products such as meat, honey, milk, eggs, and fibers. See also Chapter 1 of Title 6.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.601 General Description of Communication, Transportation and Utilities Use Types.
Basic services and functions such as transportation, communications, and utilities.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.603 Communications Facilities.
(a)
Transmission Towers. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one (1) or more reception or transmission systems. Typical uses include wireless telecommunications towers, radio towers, television towers, telephone exchange/microwave relay towers, and cellular telephone transmission/personal communications systems towers. See also Article 17 of Chapter 5.
(b)
Equipment within Buildings. Indoor facilities containing primarily communication equipment and storage devices such as computer servers.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.605 Transportation and Delivery Services.
Services and facilities related to the transportation and delivery of goods and people.
(a)
Bus/Rail Passenger Stations. Bus and rail passenger stations. Typical uses include ticket purchasing and waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafes.
(b)
Truck/Rail Freight Terminals. Facilities for freight, courier, and other services by truck or rail. This classification excludes local messenger and local delivery services as described in the Human-Powered and Light Fleet use types.
(c)
Human-Powered. Local delivery passenger transportation services that rely on human-powered or primarily human-powered vehicles such as electrical-assist bicycles. Typical uses include bicycle delivery services and pedicabs.
(d)
Light Fleet. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three (3) or more motorized vehicles with rated capacities of less than ten thousand (10,000) pounds. Typical uses include parking, dispatching, and offices for taxicab and limousine operations, ambulance services, nonemergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This use classification excludes other uses listed under the Motor Vehicle Sales use type. Fleets of three (3) or fewer vehicles are included in the Business Services use type.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.607 Utility Services.
Infrastructure related to the provision, distribution, collection, transmission, disposal or treatment of water, storm and sanitary sewage, gas, power, information, telecommunications and telephone cable, fiber optic cable, and other similar facilities including those used for the generation of electricity.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.701 Uses of Special Concern.
The following uses are of special concern because of their potential to adversely affect surrounding uses. Such uses shall always be considered principal uses, regardless of whatever other principal uses may exist on the same site, and shall be subject to the regulations for such principal uses.
(d)
Funeral Homes, Mortuaries, and Mausoleums.
(f)
Major Public Services.
(j)
Crematories.
(l)
Laundry and Dry Cleaning Services.
(n)
Recycling Facilities.
(o)
Salvage and Wrecking.
(Sec. 3 (part), Ord. 17-002, eff. May 4, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.702 Uses That Are Always Accessory Uses.
Accessory use classifications are limited to uses that are subordinate, incidental to, or serve a principal use. Accessory use classifications may not function as primary uses. The following uses shall always be considered accessory to a principal use:
(a)
One (1) or Two (2) Residential Units with Other Nonresidential Use. A single-unit or two (2) unit dwelling, either attached or detached, located on the same lot as another nonresidential use.
(b)
Accessory Dwelling Unit and Junior Accessory Dwelling Unit.
(1)
Accessory Dwelling Unit. An attached or detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the principal residential use. An accessory dwelling unit can be an efficiency unit as defined in Section 17958.1 of the State Health and Safety Code, or a manufactured home as defined in Section 18007 of the State Health and Safety Code. This use type is distinguished from the two (2) unit use classification, which is not an accessory use. See also Article 14 of Chapter 5 of this title.
(2)
Junior Accessory Dwelling Unit. A unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit has a separate entrance and an efficiency kitchen, which includes appliances, a counter, and cabinets.
(c)
Family Day Care Home. A home in which a resident of the unit regularly provides the care, protection, and supervision of children for less than twenty-four (24) hours a day and is licensed by the State of California.
(1)
Small. A family day care home providing care for eight (8) or fewer children, including children less than ten (10) years of age who reside in the home.
(2)
Large. A family day care home providing care for seven (7) to fourteen (14) children, including children less than ten (10) years of age who reside in the home.
(d)
Home Occupation. A business conducted in a dwelling unit by the inhabitant of the unit, which is incidental and secondary to the residential use of the dwelling. See also Article 8 of Chapter 5.
(f)
Resident Manager or Caretaker Quarters. A dwelling unit in connection with a principal nonresidential use on the same lot, to be occupied by a person who must be present on the site for managerial or security reasons and who is the owner, lessee, or an employee of the owner or lessee of the nonresidential use.
(g)
Tasting Rooms. Facilities for samples or small servings of alcoholic beverages to promote and provide for the sales of beverages or services including wine tours pursuant to an appropriate license from the California Department of Alcoholic Beverage Control, including but not limited to license types 01, 02, 20, and 21. Tasting Rooms may also include samples or small servings of food.
(h)
Alcohol Sales and Service. Sale or service of alcoholic beverages to patrons of a restaurant; members and guests of private clubs, organizations, and events; registered guests of bed and breakfast inns; and guests of motels and hotels and their invitees pursuant to an appropriate license from the California Department of Alcoholic Beverage Control, including but not limited to license types 01, 02, 23, 41, 47, 49, 51, 52, 57, 59, 67, 70, 75, and 80.
(j)
Sidewalk Cafe. An area of the sidewalk used exclusively for eating, drinking, and related pedestrian circulation and located adjacent to, and operated in conjunction with, a street-level Restaurant. See also Article 15 of Chapter 5.
(k)
Off-Street Parking. Off-street parking, with or without a fee, that is intended to meet the parking provisions of Article 4 of Chapter 4 of this title. Parking in excess of the needs of the principal use with which it is associated may be operated separately as the principal use of Parking described in Section 9-2.343.
(l)
Car Sharing Pod. A parking location for one (1) or more vehicles of a car sharing organization, whose members may arrange to use the vehicles for short periods of time.
(m)
Private Antennas. Small antennas and satellite dishes mounted on or adjacent to residential and nonresidential structures for the exclusive use of the occupants of those structures.
(n)
Fuel Dispensing. Dispensing of gasoline and other motor fuels, with or without a fee, in conjunction with a principal use on the same site such as a marina or fleet vehicle operation. This use is distinguished from Service Stations, as defined in Section 9-2.339(e), which are always principal uses pursuant to Section 9-2.701.
(o)
Collection Bins. Freestanding bins for the collection of clothing, household goods, and recyclable materials such as paper, metal, plastic, and glass, typically found in the parking lots of stores and other facilities. This use is distinguished from Recycling Collection Facilities, as defined in Section 9-2.419(a), which are always principal uses pursuant to Section 9-2.701.
(p)
Short-Term Rental. Rental of all or part of a dwelling for fewer than thirty (30) days.
(Sec. 3, Ord. 20-027, eff. Jan. 14, 2021; Sec. 3 (Exh. A) (part), Ord. 20-005, eff. May 21, 2020; Sec. 3 (part), Ord. 17-012, eff. Nov. 2, 2017; Sec. 3 (part), Ord. 17-002, eff. May 4, 2017; Sec. 4 (part), Ord. 17-001, eff. Apr. 20, 2017; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)[2]
[2]
Code reviser's note: Ord. 17-002 adds "Personal Cultivation of Cannabis Plants" as subsection (p). It has been editorially relettered to avoid duplication of lettering.
9-2.801 Purpose.
For purposes of regulating development in the Mixed Use zones, as stipulated in Section 9-3.303, use classifications are divided into the following mixed use groups: Residential, Retail, Office, Hotel, Recreational, and Industrial and Agricultural. These groups are defined as stipulated in this article.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.802 Residential Mixed Use Group.
This group is characterized by multiple dwelling units in a single structure or group of structures, and includes the following use classifications:
Multi-Unit |
Residential Care Facility |
Supportive Housing |
Live/Work Units |
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.803 Retail Mixed Use Group.
This group is characterized by establishments whose primary function is to serve walk-in customers, with or without advance appointments, and includes the following use classifications:
Animal Care and Sales |
Pet Stores |
Arts and Entertainment |
Gallery |
Banks and Financial Institutions |
Traditional Financial Institutions |
Eating and Drinking Establishments |
Bars/Nightclubs/Lounges |
Restaurants |
Libraries and Museums |
Offices |
Walk-In Clientele |
Personal Services |
Small |
Large |
Repair Services |
Retail |
Small Stores |
Medium Stores |
Large Stores |
Food and Beverage Sales |
(Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.804 Office Mixed Use Group.
This group is characterized by establishments whose employees spend all or most of the workday at assigned work stations in offices, laboratories, and similar environments whose primary function is not to serve walk-in customers, and includes the following use classifications:
Animal Care and Sales |
Veterinary Services |
Health Care |
Clinics and Medical Offices |
Offices |
General |
Government |
Research and Development |
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.805 Hotel Mixed Use Group.
This group is characterized by hotels and motels that provide commercial lodging services to the general public on a less than monthly basis, and includes the following use classification:
Lodging |
Hotels |
(Sec. 3 (part), Ord. 14-001, eff. Mar. 6, 2014; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.806 Recreational Mixed Use Group.
This group is characterized by establishments that provide leisure activities to the general public on a walk-in basis, with or without advance appointments, and includes the following use classifications:
Arts and Entertainment |
Indoor Entertainment |
Community Assembly |
Small |
Large |
Recreation |
Indoor |
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
9-2.807 Industrial and Agricultural Mixed Use Group.
This group is characterized by establishments engaged in low-impact industrial and agricultural activities suitable for a mixed use environment, and includes the following use classifications:
Arts-Industrial |
Studio-Light |
Commercial Kitchens |
Manufacturing |
Custom |
Light |
Community Gardens |
Indoor Agriculture |
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)