The provisions in this chapter apply equally to applications for conditional use permits and variances.

(Ord. 799B § 10(part), 2006: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.000, 1979)

The city planning commission is authorized to grant conditional use permits and variances pursuant to the provisions of this division. The city planner is authorized to grant variances as set forth in Section 18.58.050.

(Ord. 799B § 10(part), 2006: Ord. 458B § 1, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.010, 1979)

Applications for a variance or conditional use permit shall be made in writing by the property owner or his agent to the planning commission or, in case of applications for variances under Section 18.58.050 to the city planner, on a form to be prescribed by the commission. The application shall include the following data:

(1)

A map drawn to scale showing the property for which the permit is requested and the property lines for property within 400 feet of the exterior boundary lines of the property;

(2)

The names and mailing addresses of the owners of the property shown on the map;

(3)

The proposed use of the property for which the application is sought;

(4)

Such other information as the planning commission or the city planner may require.

(Ord. 799B § 10(part), 2006: Ord. 458B § 2, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.020, 1979)

A public hearing shall be held by the planning commission or in the case of variances under Section 18.58.050 by the city planner, after the filing of the application. Not less than ten days prior to the hearing, notice by mail to all property owners shown on the list furnished by the applicant shall be given. The notice shall include the name and address of the applicant, owner, agent if any, zoning classification of property, the proposed use, and date, hour and place of the hearing.

(Ord. 799B § 10(part), 2006: Ord. 458B § 3, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.030, 1979)

The planning commission may designate conditions in connection with variances or conditional use permits as it deems necessary to carry out the purposes of this title. The city planner may designate conditions in connection with variances under Section 18.58.050 as he or she deems necessary to carry out the purposes of this title.

(Ord. 799B § 10(part), 2006: Ord. 458B § 4, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.040, 1979)

(a)

Upon the grant of the variance or conditional use permit, the planning commission shall prepare and deliver to the applicant a written statement of its decision and any attached conditions. A copy shall also be delivered to the building inspector and other city officials.

(b)

Upon the grant or denial of a variance under Section 18.58.050, the city planner shall prepare and deliver to the applicant a written statement of the decision and any attached conditions. A copy shall also be delivered to the building inspector and other city officials.

(c)

The decision of the planning commission or city planner shall not become final for a variance or conditional use permit, nor shall a permit or license of any kind be issued by any city office, until the time in which an appeal may be filed has elapsed without an appeal being filed.

(Ord. 799B § 10(part), 2006: Ord. 458B § 5, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.050, 1979)

A conditional use permit or variance, if not used for the purpose for which it was granted shall lapse and shall become void four years following the date of issuance, unless the conditional use permit or variance is conditioned with an alternate time expiration limit. The community development director may grant one extension of time for a period not exceeding two years, provided application for an extension is made prior to expiration of the original entitlement.

(Ord. No. 1081B, § 5(5.1B), 8-27-2024; Ord. 799B § 10(part), 2006: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.060, 1979)

(a)

Initiation of Proceedings. The planning commission shall hold a public hearing for the purpose of either modifying or revoking any variance or conditional use permit which has been granted pursuant to the provisions of this chapter or any ordinance superseded by this title. Public hearings shall be held and notice given in accordance with the provisions of this chapter for the granting of conditional use permits and variances.

(b)

Decision of City Council. After the public hearing as provided in subsection (a) of this section, the city council may revoke or modify a conditional use permit or variance for any one or more of the following reasons:

(1)

That such approval was obtained by fraud;

(2)

That any person making use of or relying upon, the conditional use permit or variance is violating or has violated any condition of such conditional use permit or variance;

(3)

That the use for which the conditional use permit or variance was granted is being or has been exercised contrary to the terms and conditions of such approval;

(4)

That the use for which the approval was granted is so exercised as to be detrimental to the public health, safety or general welfare and constitutes a public nuisance.

(Ord. 799B § 10(part), 2006: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.070, 1979)

An application for a variance or conditional use permit shall not be accepted for a period of six months following the denial or revocation of substantially the same conditional use permit or variance for the same premises.

(Ord. 799B § 10(part), 2006: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.080, 1979)

The city planning commission, or in the case of applications for variances under Section 18.58.050, the city planner, may permit the withdrawal of an application for a conditional use permit or variance filed pursuant to this chapter. Any fee accompanying the application shall not be returned to the applicant.

(Ord. 799B § 10(part), 2006: Ord. 458B § 6, 1984: Ord. 389B § 2(part), 1981: Ord. 357B § 6.01.090, 1979)

Conditional use permits, revocable, conditional are valid for a term of four years. Conditional uses require special consideration because of their potentially negative external impacts on surrounding land uses. The consideration process for a conditional use permit shall result in the issuance of written findings to inform the planning commission decision. These findings are to be based on substantial evidence in view of the whole record. In order to grant a conditional use permit, the planning commission shall find that the establishment, maintenance or operation of the use, building or structure applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

(Ord. No. 1081B, § 5(5.1C), 8-27-2024; Ord. 807B § 8, 2006: Ord. 357B § 6.02.000, 1979)

The city council is aware that from time to time persons in possession of property desire to use property for purposes which are not specifically provided for in this title. In order to carry out the intent of this title and to promote the general welfare of the community, the city council authorizes the planning commission to grant conditional use permits for uses which are not provided for in the district, subject to the following:

(1)

A finding by the planning commission that the use is substantially similar in characteristic to a use or uses currently within the district;

(2)

A finding by the planning commission that the use would be appropriate in the district applicable to the property as a permitted or conditional use;

(3)

A finding by the planning commission that the proposed use, with the appropriate conditions, will not be detrimental to the health, safety, peace and morals, comfort and general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood or to the general welfare of the city;

(4)

A finding that at least one of the findings in Section 15.32.250 of the municipal code is satisfied.

(Ord. No. 913B, § 5(Exh. C), 6-28-2016; Ord. 357B § 6.02.010, 1979)

A conditional use permit, not activated, is valid for a term of four years. When acted upon, a conditional use permit that is granted shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section 18.54.070. All applicable conditions of approval shall continue to apply after a change in property ownership.

(Ord. No. 1081B, § 5(5.1D), 8-27-2024)

Where practical difficulties, unnecessary hardships or results inconsistent with the purpose and intent of this title may result from the strict application of the terms of this title, variances from such requirements may be granted as provided by this chapter. Refer to section 18.56.030 for variance terms and expirations.

(Ord. No. 1081B, § 5(5.1E), 8-27-2024; Ord. 458B §7(part), 1984: Ord. 357B §6.03.000(1, 2), 1979)

The planning commission, or in the case of applications for variances pursuant to Section 18.58.050 the city planner, may grant a variance when it is determined that:

(1)

The applicant has shown that because of special circumstances applicable to the subject property, including size, shape, topography, location, buildings, or surroundings, the strict application of the requirements of this title are found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the same classification.

(2)

The grant of the variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and the district in which the subject property is situated.

(Ord. 458B §7(part), 1984: Ord. 357B §6.03.000(3), 1979)

The planning commission and the city planner shall not grant a variance which is not otherwise expressly authorized by the zoning regulation governing the parcel of property for which the variance is requested.

(Ord. 458B §7(part), 1984: Ord. 357B §6.03.000(4), 1979)

Whenever the planning commission or the city planner grants or denies a variance, the planning commission or the city planner, as the case may be, shall set forth in writing the findings on which the decision is based.

(Ord. 458B §7(part), 1984)

The city planner shall have authority to grant a variance from height and yard requirements up to 35 percent of the requirement set forth in the title, upon determining that the criteria set forth in Section 18.58.020 have been met and making the findings required by Section 18.58.020. The city planner may, in his or her discretion, schedule for hearing by the planning commission any application for a variance under his or her authority. The planning commission shall have the authority to grant all applications for variances.

(Ord. 458B §7(part), 1984)

Any applicant or other person aggrieved by a decision made by the city planner under Section 18.58.050 may appeal to the planning commission under Chapter 18.94.

(Ord. 458B §7(part), 1984)

This chapter is adopted in accordance with section 65915 et seq., of the California Government Code. The purpose of this chapter is to establish a density increase and incentive program to provide both density increases and other incentives for owner-occupied and rental housing developments to encourage the creation of housing affordable to moderate, low, and very low income households, and to encourage the creation of housing for senior citizens. As used in this chapter, density bonus units are those units designated for senior citizens, or very low, low, or moderate income households that qualified the housing project for award of a density bonus or other incentives.

(Ord. No. 881B, § 2, 4-23-2013)

This chapter shall be applicable to all zoning districts that allow residential uses.

(Ord. No. 881B, § 2, 4-23-2013)

All proposed housing developments that qualify under California Government Code section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code section 65915, as may be amended.

(Ord. No. 881B, § 2, 4-23-2013)

The City of Lincoln shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code section 65915 et seq., and incentives or concessions also as described in California Government Code section 65915 et seq.

(Ord. No. 881B, § 2, 4-23-2013)

(a)

An application for a density increase or other incentives under this chapter for a housing development shall be submitted in writing to the planning division of the City of Lincoln, development services department, to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

(1)

A brief description of the proposed housing development;

(2)

The total number of housing units proposed in the development project, including unit sizes and number of bedrooms;

(3)

The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

(4)

The total number of units to be made affordable to or reserved for sale, or rental to, very low, low or moderate income households, or senior citizens, or other qualifying residents;

(5)

The zoning, general plan designations and assessors parcel number(s) of the project site;

(6)

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout; and

(7)

A list of any concession(s) or incentives(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

(b)

The application shall be considered by the planning commission and/or the city council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the planning commission or the city council, the request being made under this chapter shall be considered by the development services director or his/her designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code section 65915 et seq.

(Ord. No. 881B, § 2, 4-23-2013)

Consistent with the provisions of California Government Code section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of Lincoln and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.

(Ord. No. 881B, § 2, 4-23-2013)

(a)

Any person who possesses an existing commercial building or approved commercial project whose application for an on-sale or off-sale alcohol license is required by the Alcoholic Beverage Control Board of the State of California ("ABC") to be subject to a determination of public convenience or necessity ("PCN Determination") by the City of Lincoln, may apply to the City of Lincoln for a determination of whether public convenience or necessity would be served by the granting of such license. Such application shall be made on forms provided by the city and contain such information required by the city.

(b)

The application shall be filed at the community development department and shall be accompanied by payment of fee to be established by resolution of the city council calculated to offset the costs of processing applications. No application shall be deemed completed, nor shall it be reviewed, without payment of application fee.

(c)

The PCN application shall include a written statement from the application demonstrating, by substantial evidence, that the public convenience or necessity would be served by the issuance of a license from the ABC.

(d)

All applications involving a license for the sale or consumption of alcoholic beverages that require the issuance of a PCN determination shall also be required to file application for and obtain approval of a conditional use permit in accordance with the procedures set forth in Chapter 18.56 of this code.

(e)

Sale of alcohol where the sale of alcohol is not considered the business's primary use the product storage and display occupies less than three percent of the floor area ratio or is less than ten square feet, whichever is less.

(Ord. No. 935B, § 1, 1-10-2017; Ord. 807B §4, 2006 ; Ord. 797B §§4, 5, 2005)

(a)

Proceeding regarding a PCN determination for the issuance of a license from the ABC shall be scheduled for public hearing before the planning commission within 60 days of receipt of a completed application or as soon thereafter as the matter can be scheduled. Notice of the hearing shall be given in the same manner as set forth in Government Code sections 65090 and 65091.

(b)

The hearing shall be held without regard to the technical rules of evidence and all persons desiring to appear shall be permitted to do so. The applicant shall bear the burden of proof that public convenience or necessity would be served by the issuance of the license. Therefore, the applicant shall provide all evidence necessary to show that the selling of alcoholic beverages at the applicant premises will serve public convenience or necessity and will be accomplished in a manner to eliminate any objections received pursuant to this section. In all cases in which an applicant applies for a PCN determination, the planning commission may exercise its discretion to issue or deny issuance of a letter of public convenience or necessity. In exercising its discretion, the planning commission shall consider the following factors:

(1)

The type of proposed use by the applicant;

(2)

Whether the proposed use will be detrimental to the health, safety and welfare of the community;

(3)

Whether the use would enhance the economic viability of the area in which it is proposed to be located;

(4)

The extent of support or opposition to the proposed license from members of the community;

(5)

The number of licenses within a one-mile radius of the proposed licensed location;

(6)

The type of licensed premises within a one-mile radius of the proposed licensed location and the extent to which the proposed license would cause a further over-concentration of the particular type of premises in the area;

(7)

The background and the history of the applicant, including the nature and extent of problems on any premises where he or she has operated a licensed premises in the past;

(8)

Whether the applicant has ever been convicted of any offense involving moral turpitude or any offense related to the sale or use of alcoholic beverages;

(9)

How close the proposed establishment will be to a residential neighborhood, place of worship, or school;

(10)

Whether there is a history of police or crime-related problems in the area proposed for a license; and

(11)

Whether the proposed license would enhance recreational or entertainment opportunities in the area.

(c)

The planning commission may determine that the public convenience or necessity will be met and the health, safety or welfare of the community will be prompted only if certain conditions are imposed upon any license issued by the ABC. Such conditions shall be included in the planning commission's decision and shall be communicated to the ABC. The conditions may cover any matter relating to the privileges to be exercised under the license. If a letter is issued with conditions applied, it shall specifically set forth that the public convenience or necessity is served only if the conditions set forth in the letter are met by the applicant. Examples of such conditions can be, but are not limited to:

(1)

Sales of beer and malt beverages shall be in quantities of not less than a six pack;

(2)

Sales of wine shall be in containers of at least 750 ml;

(3)

Wine coolers shall not be sold in quantities of less than factory packs of four;

(4)

Distilled spirits shall be sold in containers of at least 200 milliliters;

(5)

No wine shall be sold with an alcohol content greater than 15 percent by volume;

(6)

Restriction as to hours of sale;

(7)

Display of sign may be regulated;

(8)

Types and strength of alcoholic beverages to be served where such types of strengths are otherwise limited by law;

(9)

The personal conduct of the licensee shall not conflict with the implementation of any conditions imposed on the licensee or the licensed premises.

(d)

If necessary, the hearing may be continued for further review. At the conclusion of the hearing, the planning commission shall determine whether the public convenience or necessity will be served by authorizing the issuance of a license for the applicant premises. The PCN determination shall be reduced to writing by the community development director who will author a PCN determination stating whether the planning commission finds public convenience and necessity will or will not be served by the issuance of a license from the ABC. The written determination shall be served by mail upon the applicant and the ABC within 15 business days of the decision of the planning commission.

(e)

No letter of public convenience or necessity shall be issued by the planning commission pursuant to this section unless the applicant agrees, in writing, that if the ABC issues a license to sell alcoholic beverages, the license will be subject to all conditions imposed as part of the PCN determination at all times the license is in use and in effect.

(Ord. 797B §4 (part), 2005)

(a)

A PCN determination in support of the issuance of a license for the ABC is only valid for one year from the date of the planning commission's action and the PCN determination shall so state. If no license to sell alcoholic beverages has been issued to the applicant for the applicant premises, within one year of issuance of a favorable PCN determination, the city's PCN determination shall be deemed withdrawn without the need for further action by the planning commission or the applicant, and the applicant must reapply if he/she seeks another PCN determination.

(b)

Except as provided in Business and Professions Code section 23958.4, the PCN determination is not transferable to any other applicant or proposed licensee. Unless permitted by Business and Professions Code section 23958.4, any proposed licensee for the same premises must submit a new application and follow the procedures for the issuance of a PCN determination in this section. Nothing in this section precludes the city from protesting the issuance of a license from the ABC pursuant to other sections of the Alcoholic Beverage Control Act, including, but not limited to, section 23958.

(Ord. 797B §4 (part), 2005)

The decision of the planning commission regarding the PCN determination or related imposition of conditions may be appealed to the city council pursuant to Chapter 18.94. The request for the appeal shall state the reasons why the person appealing the decision believes the planning commission's PCN determination should be reversed or modified. At any proceeding before the city council, the applicant shall have the burden of demonstrating that public convenience or necessity will be served by issuance of an alcoholic beverage license, and that issuance of the license will not pose any threat to the health, safety or welfare of the community in which the licensed premises would be located.

(Ord. 797B §4 (part), 2005)

In the event of a violation of any of the conditions imposed on an applicant or the applicant premises in accordance with this section, the planning commission may, after public notice and hearing, revoke any letter of public convenience or necessity issued regarding the applicant or applicant premises. Upon revocation, the applicant shall not continue to sell alcoholic beverages at the applicant premises. The determination of the planning commission shall become final ten days after the date of decisions unless appealed to the city council. The revocation shall be reported to the ABC.

(Ord. 797B §4 (part), 2005)

Churches serving sacramental wine used only during authorized religious services.

(Ord. 807B §6, 2006)

Consistent with the findings of the state, the city council finds that child day care services are an essential service for working parents in the City of Lincoln and that child care services in family homes are desirable to parents and provide children with a residential environment that is conducive to healthy and safe development. Regulations in this chapter are intended to address child day care uses in both residential and nonresidential zoning districts consistent with the provisions of state law and in a manner that recognizes the need for such services and the importance of minimizing the effects on surrounding properties.

(Ord. 745B §2(part), 2003)

For the purpose of this chapter and in accordance with state law, the following words and phrases shall have the meaning respectively ascribed to them in this section.

"Child" means a person who is under 18 years of age.

"Child day care facility" means a facility that provides nonmedical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. This definition includes family day care homes, day care centers, and employer-sponsored child care centers as defined below.

(1)

"Family day care home" means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a small or large family day care home as follows:

a.

"Small family day care home" means a home which provides family day care to eight or fewer children in the provider's home, including children under the age of ten years who reside at the home (California Health and Safety Code section 1596.78(c)). A small family day care home may provide care for more than six and up to eight children without an additional adult attendant if the following conditions are met (California Health and Safety Code section 1597.44):

1.

At least two of the children are at least six years of age;

2.

No more than two infants are cared for during any time when more than six children are cared for;

3.

The licensee notifies each parent that the facility is caring for two additional school-age children and that there may be up to seven or eight children in the home at one time; and

4.

The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

b.

"Large family day care home" means a home which provides family day care to seven to 14 children in the provider's home, including children under the age of ten years who reside at the home (California Health and Safety Code section 1596.78(b)). A large family day care home may provide care for more than 12 children and up to and including 14 children, if all of the following conditions are met (California Health and Safety Code section 1597.465):

1.

At least two of the children are at least six years of age;

2.

No more than three infants are cared for during any time when more than 12 children are being cared for;

3.

The licensee notifies each parent that the facility is caring for two additional school-age children and that there may be up to 13 or 14 children in the home at one time;

4.

The licensee obtains written consent of the property owner when the family day care home is operated on property that is leased or rented.

(2)

"Day care center" means any child day care facility other than a family day care home, and includes infant centers, preschools, and extended day care facilities.

(3)

"Employer-sponsored child care center" means any child care facility at the employer's site of business operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of children of that employer, and of the officers, managers, and employees of that employer.

(Ord. 745B §2(part), 2003)

The following table lists permit requirements by zoning district for child day care facilities that are not otherwise exempt in accordance with state law (e.g., recreation programs and after school day care on school campuses). Required permits shall be processed in accordance with the standard procedures of the California Health and Safety Code section 1597.46(2) and Title 18 of this code. The reference to administrative review refers to an informal procedure whereby the director of community development (or his or her designee) reviews the use to ensure compliance with applicable provisions of this chapter prior to granting a nondiscretionary permit.

(Ord. 745B §2(part), 2003)

Development and operational standards listed in this chapter are intended to supplement the standards in the underlying zoning districts for each type of child day care facility. All uses defined in this chapter shall comply with applicable state licensing requirements and all other provisions of this title.

(1)

Small Family Day Care Homes. In accordance with state law, small family day care homes operated under the standards of state law constitute an accessory use of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential use. Therefore, small family day care homes simply require a current license from the state and shall contain a fire extinguisher and smoke detector device pursuant to State Fire Marshal Standards. Such use shall operate in compliance with the city's noise ordinance and will not be permitted any signs for the day care use.

(2)

Large Family Day Care Homes. In order to obtain the required nondiscretionary permit listed in Table 18.61.030-1 of this chapter (e.g., administrative review in single-family residential zoning districts), large family day care homes shall comply with the following provisions:

a.

License. All large family day care homes, regardless of the underlying zoning district, are required to obtain a business license from the city and provide the city with a copy of the state of California day care license;

b.

Day Care Provider's Residence. The large family day care home shall be the principal residence of the day care provider, and the use shall be clearly incidental and secondary to the primary use of the property as a residence;

c.

Separation. In order to maintain the integrity of residential neighborhoods, large family day care homes shall not be located closer than 200 feet from an existing state licensed large family day care home or within 200 feet of any other day care center or employer-sponsored child care center licensed to care for more than 12 children. Certain exceptions, in the form of legitimate physical barriers and buffers, such as a streambed corridor, highway, or arterial that would provide comparable separation may be allowable as determined by the director of community development;

d.

Traffic Control. To ensure that children are not placed at risk and that street traffic is not unduly interrupted, each large family day care home shall provide the equivalent of two loading/unloading parking spaces for child drop-off and pick-up. Loading spaces may be located in the driveway of the home or on the street directly abutting the subject property where on-street parking is permitted;

e.

Parking. In addition to the standard single-family parking requirement of two covered parking spaces located outside the required front yard and street-side yard setback areas, one additional off-street parking space shall be provided for each employee that does not reside at the home. The driveway may serve to meet the employee parking requirement;

f.

Noise. In order to protect adjacent residential dwellings from noise impacts, outdoor activities are restricted to the hours of 8:00 a.m. to 8:00 p.m. Amplification equipment shall not be used for outdoor activities associated with the day care use. The day care use is subject to compliance with the city's noise ordinance;

g.

Indoor Play Areas. All indoor play areas must comply with city building and zoning codes, subject to inspection and approval by the local building department, fire marshal, and the department of social services community care licensing;

h.

Signs Prohibited. No signs shall be allowed in conjunction with the day care facility.

(3)

Day Care Centers and Employer-sponsored Child Care Centers. In order to obtain required authorization or permits listed in Table 18.61.030-1 of this chapter (e.g., conditional use permit in public and quasi-public zoning districts), day care centers and employer-sponsored child care centers shall comply with the following provisions:

a.

License. Day care centers and employer-sponsored child care centers, regardless of the underlying zoning district, are required to obtain a business license from the city and provide the city with a copy of the state of California day care license;

b.

Traffic Control. Off-street loading areas shall be provided on-site and designated for the forward travel of vehicles both on entering and leaving the premises. The site plan shall clearly identify pedestrian routes to and from the drop-off and pick-up areas, including sidewalks and directional signage;

c.

Parking. Required parking shall include one space for each employee, one visitor space for every ten students, plus adequate drop-off/pick-up areas as determined by the community development director. Parking shall be provided based on the maximum student and corresponding employee capacity for the facility;

d.

Noise. In order to protect adjacent uses from noise impacts associated with the child day care facility, hours of operation are limited to 14 hours a day between the hours of 6:00 a.m. and 8:00 p.m., and outdoor activities are restricted to the hours of 8:00 a.m. to 8:00 p.m. Amplification equipment shall not be used for outdoor activities associated with the day care use. Day care centers and employer-sponsored child care centers shall comply with all applicable provisions of the city's noise ordinance;

e.

Signs. Day care centers and employer-sponsored child care centers are permitted business signs as follows:

1.

Freestanding Signs. One freestanding monument sign with a maximum sign area of 12 square feet and a maximum sign height of five feet,

2.

Wall Signs. If located in a nonresidential zoning district, day care centers and employer-sponsored child care centers may also have one building-attached wall sign with a maximum sign area of 0.5 square feet for each lineal foot of primarily building frontage, up to a maximum of 20 square feet.

(Ord. 745B §2(part), 2003)

A "home occupation" is a business activity carried on within a dwelling by its inhabitant(s). The activity must be incidental to the residential use of the dwelling and must not change the residential character of the surrounding area by generating more traffic, noise, or storage of material than would otherwise be expected in a residential zone.

(Ord. 464B §1(part), 1984: Ord. 350B §1, 1978)

Except as provided in Section 18.62.060 and subsection 18.62.060(2), no business use of a residential unit shall be conducted within any dwelling unit located within a residential zone.

(Ord. No. 832B, § 1, 2-26-2008; Ord. 464B §1(part), 1984: Ord. 350B §2, 1978)

Editor's note— Ord. No. 832B, § 1, adopted Feb. 26, 2008, change the title of § 18.62.020 from "Conditional use permit required when" to "Home occupation permits." This historical notation has been preserved for reference purposes.

No conditional use permit shall be issued for a home occupation unless the planning commission makes the following findings, in addition to those findings otherwise required for issuance of any conditional use permit:

(1)

Such use is customarily incidental to the use of the dwelling unit as a residence;

(2)

Such use does not constitute retail or wholesale sales with transfer of products to the buyer at the residential site;

(3)

Such use shall be conducted solely by an occupant of the dwelling unit;

(4)

No signs shall be placed or erected on the property;

(5)

Such use shall be conducted within the dwelling unit and not within a garage or other accessory building, or on or within an unenclosed area;

(6)

At least one of the findings in Section 15.32.250 of the municipal code is satisfied.

(Ord. 350B §3, 1978; Ord. 464B §1(part), 1984: Ord. No. 832B, § 2, 2-26-2008; Ord. No. 913B, § 6(Exh. D), 6-28-2016)

The city council may specify by resolution those uses which are deemed to be permissible home occupations subject to the criteria set forth in this chapter.

(Ord. 464B §1(part), 1984: Ord. 350B §4, 1978)

Issuance of a conditional use permit for a home occupation shall be conditioned upon payment of a business license fee as set by city resolution, payable at the time of issuance of the permit.

(Ord. No. 832B, § 3, 2-26-2008; Ord. 464B §1(part), 1984: Ord. 350B §5, 1978)

The following regulations shall apply to home occupations in dwelling units located in any residential district:

(1)

A home occupation shall be permitted without the issuance of a conditional use permit subject to an occupant's compliance with the following conditions and limitations:

a.

No more than two home occupations shall be permitted in a dwelling unit.

b.

The home occupation(s) shall be operated by no more than two individuals, both of whom shall be inhabitants of the dwelling unit.

c.

The home occupation(s) shall not require the use of more than 15 percent of the total floor area of the dwelling unit and such use shall be clearly incidental to the use of the dwelling as a residence.

d.

The home occupation(s) shall not require the elimination of required off-street parking spaces.

e.

The home occupation(s) shall be conducted solely within the dwelling unit and not within a garage or other accessory building or on or within an unenclosed area.

f.

No signs advertising the home occupation(s) shall be allowed.

g.

The home occupation(s) shall not require the storage of flammable or hazardous materials.

h.

Vehicles relating to the home occupation(s) shall not be parked at the subject residence if they are larger than a standard pickup or van. Not more than one vehicle specifically for use in conjunction with each home occupation shall be permitted.

i.

No equipment or material relating to a home occupation (other than a permitted vehicle) shall be parked or stored outside of the subject residence.

j.

The home occupation(s) shall not create adverse levels of noise, dust, odors, or vibrations above the ambient levels in the surrounding neighborhood.

k.

The person conducting each home occupation shall pay a business license fee in the amount set by city resolution.

l.

The city may, from the hours of 7:00 a.m. to 6:00 p.m., enter the premises for the purpose of inspecting to determine whether or not the conditions of this subsection are being complied with.

m.

Home occupation(s) will have limited business hours of 7:00 a.m. to 6:00 p.m. only.

n.

No home occupation(s) permit(s) shall be issued which involve commercial food handling, processing, or packing.

o.

The delivery of materials to the residence shall not exceed more than two deliveries of products or materials per day. No delivery shall involve the use of commercial vehicles, no delivery shall be by vehicles larger than an automobile, pickup, or typical delivery van, such as, but not limited to, UPS, FedEx, and USPS-type home pickups and deliveries.

(2)

Notwithstanding subsection (1) of this section, home occupations located in any residential district that involve the following activities shall require the issuance of a conditional use permit pursuant to Section 18.62.020. Development Standards within Section 18.12.080, 18.14.090, and 18.16.090 shall be excluded from the following:

a.

Personal contact with customers at the applicant's residence;

b.

The making of merchandise for sale. A use permit may be issued provided that the storage of such merchandise does not exceed total allowable area for home occupations and does not require the transporting of material or finished product by means other than an automobile, pickup, or standard size van, and shall not create adverse levels of noise, dust, odors, or vibrations above the ambient levels in the surrounding neighborhood;

c.

Reserved.

d.

Three or more home occupations in a dwelling unit.

(3)

Issuance of a permit for a home occupation shall be conditioned upon payment of a business license fee in the amount set by city resolution, payable at the time of issuance of the permit.

(Ord. No. 832B, §§ 1—22, 2-26-2008; Ord. 464B §1(part), 1984: Ord. 350B §6, 1978; Ord. No. 964B, § 2, 5-8-2018)

Where a home occupation is permitted pursuant to subsection 18.62.060(1), an applicant must complete and sign a form provided by the planning department that acknowledges the conditions and limitations of an approved home occupation. Where the home occupation requires a use permit, an application for such use permit shall be made pursuant to Section 18.62.020 of this chapter.

(Ord. 464B §1(part), 1984: Ord. 350B §7, 1978)

(a)

Any person conducting a home occupation within a residential zone at the time of adoption of the ordinance codified in this chapter shall either discontinue such use or apply for a permit as provided in this section within 90 days after the adoption of the ordinance codified in this chapter, and annually thereafter.

The planning commission shall issue a permit upon making all of the following findings:

(1)

The applicant was conducting a home occupation at the same dwelling for which the permit is requested at the time of the adoption of the ordinance codified in this chapter;

(2)

Except for the first permit issued within 90 days after the passage of the ordinance codified in this chapter, that the applicant has continued to do business at the same dwelling unit during the year since the last permit was obtained;

(3)

There have either been no complaints by surrounding neighbors of noise or other nuisance or such complaints are found by the planning commission to be insubstantial.

(b)

If the commission cannot make the findings in subsection (a) of this section, the applicant must either discontinue conducting a home occupation or apply for a conditional use permit pursuant to Section 18.62.020.

(c)

Issuance of a permit for a home occupation shall be conditioned upon payment of a business license fee in the amount of $30.00 per year, payable at the time of issuance of the permit.

(Ord. 464B §1(part), 1984)

Violation of any provision of this chapter or any condition of a use permit issued as provided in this chapter constitutes a misdemeanor. Any such violation is further declared to be a public nuisance and may be abated as provided by law.

(Ord. 464B §1(part), 1984)

Temporary buildings may be allowed in industrial areas provided that all of the following conditions are met:

(1)

The temporary building will be for a use permitted by the applicable zoning;

(2)

The business or industry which will utilize the temporary buildings must have been continually operating on the site for a minimum period of three years within a permanent existing building;

(3)

The temporary building will be used adjacent to the existing permanent building;

(4)

The business or industry intends to expand its existing permanent building within five years;

(5)

The owners of the real property enter into an agreement, approved by the city, providing, among other things, that the owner will remove the temporary building in five years, will indemnify and hold harmless the city for any losses and damages should the city have to remove the temporary building and post a sufficient cash deposit as determined by the city, should the city need to remove the temporary building;

(6)

Any temporary building shall be subject to design review process as provided in Chapter 18.64 et seq. of this code.

(Ord. 554B §1(part), 1991)

A temporary building shall not be allowed unless a finding is made that the erection, establishment, maintenance or operation of the temporary building will not, under the circumstances of the particular situation, be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood or to the general welfare of the city.

(Ord. 554B §1(part), 1991)

"Industrial area" as used in Section 18.63.010 is defined as follows: those areas designated in the city's land use plan, as amended, as "industrial," "light industrial" or "industrial planned unit development district."

(Ord. 554B §1(part), 1991)

Applications for a temporary building shall be made in writing by the property owner or his agent to the planning commission on a form to be prescribed by the commission. The application shall include the following data:

(1)

A map drawn to scale showing the proposed temporary building along with the existing permanent building, the property and the location of the buildings on the property and the property lines for property within 400 feet of the exterior boundary lines of the subject property;

(2)

The names and mailing addresses of the owners of the property shown on the map;

(3)

The proposed use of the temporary building; and

(4)

Such other information as the planning commission may require.

(Ord. 554B §1(part), 1991)

A public hearing shall be held by the planning commission after the filing of the application. Not less than ten days prior to the public hearing, notice by mail to all the property owners shown on the list furnished by the applicants shall be given. That notice shall include the name and address of the applicant, owner, agent, if any, a description of the proposed temporary building and the date, hour and place of the hearing.

(Ord. 554B §1(part), 1991)

The procedures for designating conditions, lapse from disuse, notice and finality of decision, revocation and modification, and reapplications after denial or revocation as provided in Chapter 18.54 of this code shall apply.

(Ord. 554B §1(part), 1991)