a.

Purpose. This section provides site planning and development standards for specific land uses that are allowed within the city.

b.

Applicability. Land uses covered by this section shall conform with the provisions of the section(s) applicable to the specific use, in addition to other applicable provisions of this chapter including the standards of the zone district where the use is located.

(Ord. No. 18.13, § 1, 12/10/13.)

Retail sales and services, including, but not limited to, restaurants, pharmacies, and the sale of retail merchandise, are allowed accessory to a primary use as follows:

a.

General standard. Accessory retail uses are permitted, provided there is no external evidence of any commercial activity other than the primary use of the site (e.g., no signs, or windows with merchandise visible from adjoining streets), and all access to for the accessory retail use is from within the structure.

b.

Commercial and industrial zoning districts. Restaurants and retail sales are permitted in the commercial zoning districts incidental and accessory to offices, hospitals and other medical facilities; pharmacies are permitted accessory to hospitals and other medical facilities. Accessory restaurants, retail sales and other services are permitted in the industrial zoning districts to serve the needs of employees.

c.

Residential and special-purpose zoning districts. Membership organizations, social or recreational establishments may engage in retail sales for guests only.

d.

Development review approval required. All accessory retail uses shall require development review as provided in Section 36.44.45 (Development Review). In order to approve an accessory retail use, the approval body shall first find that there will be no harm to adjacent existing or potential residential development due to excessive traffic, noise, or other adverse effects generated by the accessory use.

(Ord. No. 18.13, § 1, 12/10/13.)

Where allowed in the CRA zoning district or P districts, any bookstore, hotel or motel, motion picture arcade or theater, cabaret, model studio, video rental store or other business or establishment that is operated as an adult business as defined by Section 36.60.05 of this chapter and City Code Section 26.52 shall be subject to the provisions of this section.

a.

Purpose. The purpose of this section is to provide reasonable regulations to prevent the adverse effects of the concentration or clustering of adult entertainment establishments. Multiple studies throughout the nation have demonstrated that these uses have serious objectionable characteristics when several are located in close proximity to each other, and tend to create a "skid row" atmosphere, resulting in a detrimental effect upon the adjacent area. Regulation of the locations of these uses is necessary to ensure that their adverse effects will not contribute to the blight or downgrading of neighborhoods or deter or interfere with the development and operation of other businesses that are needed and desirable in the city.

b.

Applicability. The provisions of this section apply to uses operated as adult entertainment establishments in addition to all other applicable requirements of this chapter.

c.

Location requirements. Adult entertainment establishments shall be located no closer than:

1.

Four hundred (400) feet to any property in a residential zoning districts, any precise plan designated for residential use, child day-care facility, school attended by minor children, park, playground, public building or other public facility likely to be used by minors; and

2.

One thousand (1,000) feet to any other adult entertainment establishment.

(Ord. No. 18.13, § 1, 12/10/13.)

A cemetery, columbarium, mausoleum, crematorium and/or mortuary shall be planned and designed as follows:

a.

Access. An entrance to the facility shall be provided on a arterial or collector street with ingress and egress designed to minimize traffic congestion.

b.

Screening required. When located within or adjacent to any residential zoning district, these facilities should be screened on the side and rear property lines by: a wall or fence six (6) feet in height; a six (6) foot high, three (3) foot thick evergreen hedge; or a twenty (20) foot wide, permanently maintained planting strip.

(Ord. No. 18.13, § 1, 12/10/13.)

This section establishes standards for city review of child day-care facilities, in conformance with state law, including the limitations on the city's authority to regulate these facilities. These standards apply in addition to all other applicable provisions of this chapter and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the department of social services is required for all child day-care facilities.

a.

Small and large family day-care homes. Permitted within any single-family or multi-family dwelling in a residential zone.

b.

Child day-care centers. Allowed in the zoning districts determined by Secs. 36.10.05 (Residential Zones), 36.18.05 (Commercial Zones), 36.20.05 (Industrial Zones), 36.22, 36.24, 36.24.35, 36.26, and 36.26.35 (Special Purpose Zones), subject to conditional use permit approval (Sec. 36.48), and the following:

1.

Spacing/concentration. No residential property shall be bordered on more than one (1) side by a child day-care facility.

2.

Traffic control. A drop-off and pick-up area shall be established to ensure that children are not placed at risk and street traffic is not unduly interrupted. The driveway of a large family day-care home may serve as its drop-off area. Adequate drop-off and pick-up areas shall be provided so that traffic does not back up onto public roadways or does not create circulation problems in parking lots.

3.

Adjacent uses. The proposed site shall not be located adjacent to a business that uses, sells or stores significant amounts of hazardous materials or creates high noise levels or fumes.

4.

Outdoor play areas. Outdoor play areas shall be set back from adjoining residential dwellings and enclosed with a minimum six (6) foot fence. A six (6) foot wood or masonry fence is required along the boundaries with residential uses.

5.

Development review approval. Development review approval shall be required as provided in City Code Sec. 36.44.45.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 16.19, § 5, 10/22/19; Ord. No. 7.20, § 4, 6/23/20.)

No exterior dish antenna having a dimension greater than one (1) meter (39.4 inches) shall be allowed in any R1 or R2 district unless it complies with the following requirements:

a.

Location on any roof is prohibited.

b.

Location in any street setback is prohibited.

c.

Location in any yard adjacent to a street is prohibited unless the antenna is not visible from the street.

d.

The maximum height to the highest point of the antenna is fifteen (15) feet.

e.

Any such antenna which is higher than adjacent property line fences must be located away from the side or rear property line at a distance equal to or greater than the height which the antenna is above the adjacent fence.

(Ord. No. 18.13, § 1, 12/10/13.)

Any retail trade or service use providing drive-in/drive-through sales or services requires approval of a conditional use permit. Drive-through facilities shall comply with the property development standards of the underlying district and with this section.

a.

Pedestrian requirements. Pedestrian walkways should not intersect the drive-thru aisles, but where they do, they shall have clear visibility, and they must be clearly marked with paving or striping.

b.

Stacking. Drive-through aisles at restaurants shall provide sufficient stacking area to accommodate a minimum of six (6) cars unless additional stacking area is required by the zoning administrator.

c.

Equipment screening. All service areas, rest rooms and ground-mounted and roof-mounted mechanical equipment shall be screened from view.

d.

Landscaping. Landscaping shall screen drive-through or drive-in aisles from the public right-of-way and shall be used to minimize the visual impact of reader board and directional signs.

e.

Noise. Any drive-up or drive-through speaker system shall not be audible above the ambient noise levels beyond the property boundaries.

f.

Permitted products. The sale of alcoholic beverages is not allowed.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Purpose. This section is intended to maintain adequate buffers between highly sensitive uses and users of extremely hazardous materials.

b.

Location criteria. New highly sensitive uses and new facilities with extremely hazardous materials shall be subject to the following standards:

1.

No new highly sensitive uses, as defined in Section 36.60.19, shall be permitted to locate within one thousand (1,000) feet of any facility that stores or handles extremely hazardous materials as defined by Section 36.60.13.

2.

No new use of extremely hazardous materials as defined by Section 36.60.13 shall be permitted to be located within one thousand (1,000) feet of a highly sensitive use as defined in Section 36.60.13.

3.

The one thousand (1,000) foot buffer shall be measured from the property line of sites unless otherwise approved by conditional use permit.

4.

With approval of a use permit, measurement may be taken from the location of the sensitive use or extremely hazardous materials use with the finding that there are unique circumstances of the site, such as large size or location.

5.

A minimum distance of one thousand (1,000) feet shall be maintained between buildings in which the uses are located and/or outdoor uses, such as playgrounds, and outdoor storage tanks for extremely hazardous materials.

c.

Grandfather clause. Existing highly sensitive uses or facilities using extremely hazardous materials that do not comply with the one thousand (1,000) foot distance requirement shall be "grandfathered" and shall be allowed to continue at the existing location.

1.

Grandfathered facilities may be expanded or intensified if it can be demonstrated through risk assessment to the satisfaction of the city's fire and environmental protection division that the proposed expansion or intensification will not result in health and safety risks to the highly sensitive population(s).

2.

The risk assessment and implementation of safety measures and improvements to reduce the risk to existing levels shall be approved by the city's fire and environmental protection division prior to any expansion or intensification.

d.

Applicability. The provisions of this section shall not apply to El Camino Hospital and surrounding sensitive uses within a one thousand (1,000) foot radius.

(Ord. No. 18.13, § 1, 12/10/13.)

The following provisions establish locational, construction, and operational standards for the development of efficiency studios.

(Ord. No. 18.13, § 1, 12/10/13.)

Efficiency studios require the approval of a conditional use permit in the CRA zoning district and a planned community permit in precise plans that specifically list efficiency studios as a permitted or provisional use, and shall comply with the following standards.

a.

Parking requirements:

1.

General requirements. Efficiency studios shall provide off-street parking in compliance with Section 36.32.50 (Required Parking Spaces), and Section 36.32.80 (Development Standards for Off-Street Parking).

2.

Reduction of parking requirements. A reduction of up to .50 space per dwelling unit may be granted by the zoning administrator, in compliance with Section 36.48 (Conditional Use Permits) for efficiency studios that are located in close proximity to a public transit stop, serve a substantial number of low- and very low-income persons or seniors and have a management plan which ensures continuing compliance with city codes, parking space availability and the low- and very low-income tenancy requirements of this section and Section 36.14 (Density Bonuses).

b.

Overall project design and layout:

1.

Appearance. The design of an efficiency studios project should coordinate with and complement the existing architectural style and standards of the surrounding land uses. If a design theme has been established in the proposed area, the theme should be reflected in the design and scale of the efficiency studios project;

2.

Laundry facilities. Common laundry facilities shall be provided with one (1) washer and one (1) dryer for every twenty (20) units or fractional number thereof;

3.

Common space. At least four (4) square feet of common interior space, excluding entryways, circulation space, common bathrooms, common kitchens, hallways, janitorial storage and laundry rooms, shall be provided for each unit with a minimum of two hundred (200) square feet of interior common space for each efficiency studios living facility;

4.

Access. Ingress and egress shall be limited to a single entry point for tenants that is staffed twenty-four (24) hours per day;

5.

Fire protection. Efficiency studios living facilities of any size shall be required to have fully automatic fire sprinkler systems with a central monitoring system, alarm and fire annunciator in compliance with fire department standards. A manual fire alarm system shall also be installed and maintained;

6.

Defensible space design. Consideration should be given to utilizing defensible space concepts (e.g., visibility, lighting, landscaping, fencing location, etc.) in the location, design and construction of efficiency studios.

c.

Design requirements for individual units. Efficiency studio dwelling units shall comply with the following requirements:

1.

Minimum facilities. Each efficiency studio unit shall be provided with the following minimum facilities:

(a)

Partial kitchen with a kitchen sink and garbage disposal, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty (30) inches in front, and having light and ventilation in compliance with the Uniform Building Code;

(b)

Counter top measuring a minimum twelve (12) inches deep and twenty-four (24) inches wide;

(c)

Prewired for telephone and cable television;

(d)

A separate bathroom that includes at least a commode and shower or tub; and

(e)

A closet and storage space, as approved by the zoning administrator, for each unit.

2.

Floor area. An efficiency studio dwelling unit shall be a minimum of one hundred fifty (150) square feet in floor area. The average unit size shall be no greater than three hundred twenty-five (325) square feet and no individual unit, excluding the manager's unit, may exceed four hundred (400) square feet. The manager's unit shall not be included in calculating the average size of units;

3.

Occupancy. Each efficiency studio dwelling unit shall be designed to accommodate a maximum of two (2) persons; and

4.

Entries. Individual efficiency studio dwelling units shall not have separate external entryways.

d.

Management plan. The efficiency studio living facility shall have a management plan which shall be approved annually by the zoning administrator. The management plan shall contain maintenance policies, management policies, operations, parking management plan, rental procedures, security arrangements and staffing plans.

e.

Affordability. A minimum of twenty (20) percent of the dwelling units shall be occupied and affordable to very low-income tenants. The annual management plan shall demonstrate, to the zoning administrator's satisfaction, that this requirement has been fulfilled. Efficiency studio living facilities failing to meet this requirement shall be limited to the density limits of principally permitted uses.

f.

On-site manager. A manager is required to live on-site in every efficiency studio development.

g.

Annual inspection. Each efficiency studio living facility shall be inspected at least annually for compliance with the approved conditions of approval and all applicable city codes.

(Ord. No. 18.13, § 1, 12/10/13.)

The city council, having found that it is in the public interest to encourage efficiency studio living facilities, wishes, in appropriate cases, to provide special incentives for efficiency studio facilities in compliance with the following:

a.

Fee waiver. Upon receipt of an application from the developer of an efficiency studio facility, the council shall have discretion to waive or reduce city fees applicable to the project, including the fee imposed in lieu of park land dedication in compliance with Chapter 41, the city's transient occupancy tax, as outlined in Chapter 33 and other development fees. In determining whether to waive or reduce city fees and/or the transient occupancy tax for the project, the council shall consider the following:

1.

The extent to which the proposed efficiency studio facility will increase the supply of affordable housing in the community;

2.

The need for a fee waiver/reduction in order to make it economically feasible for the developer to make the efficiency studio units available as affordable housing;

3.

The extent to which the proposed efficiency studio facility will meet the city's land use objectives, as expressed in the general plan, applicable precise plans, and this chapter; and

4.

The fiscal effect of the fee waiver/reduction on the city.

b.

Procedure for fee waiver. The procedure for obtaining a waiver/reduction of fees for an efficiency studio facility shall be as follows:

1.

The developer shall submit an application for a waiver/reduction of fees or the transient occupancy tax to the department at the time of filing an application for a conditional use permit for the efficiency studio living facility;

2.

Upon approval of a conditional use permit for an efficiency studio living facility, the zoning administrator shall forward the application for a fee waiver/reduction, along with a brief description of the project to the city clerk. The city clerk shall set the matter for a public hearing before the council within forty-five (45) days after approval of the conditional use permit and shall send a notice of the public hearing in compliance with Section 36.56 (Applications, Hearings and Appeals); and

3.

The city council shall conduct a public hearing on the application and shall approve or disapprove the request for a waiver/reduction as specified in subsection 36.28.55.a above. The decision of the city council on the fee waiver/reduction shall be final.

(Ord. No. 18.13, § 1, 12/10/13.)

(Ord. No. 01.2024, § 21, 1/23/24.)

The purpose of the emergency shelter regulations is to establish standards for emergency shelters, in conformance with state law, to facilitate the development of, or conversion of existing facilities to, an emergency shelter. The purpose of the low-barrier navigation center regulations is to establish standards to ensure that low-barrier navigation centers are developed and operated consistent with the requirements of Article 12, Chapter 3, Division 1 of Planning and Zoning Law commencing with Government Code Section 65660, as may be amended.

(Ord. No. 01.2024, § 21, 1/23/24.)

a.

Emergency shelters. Emergency shelters shall be permitted in accordance with the land use regulations in the designated zoning districts and precise plans as specified in the applicable land use tables and shall comply with the following standards:

1.

Property development standards. The shelter shall conform to all property development standards of the zoning district.

2.

Management. The shelter shall have a twenty-four (24) hour professional on-site management.

3.

Security. The shelter shall have on-site security and/or security cameras.

4.

Lighting. The shelter shall have adequate outdoor lighting for security purposes.

5.

Length of stay. The shelter shall be available to residents for thirty (30) days. Extensions up to a total of one hundred eighty (180) days may be provided by the on-site manager if no alternative housing is available.

6.

Maximum number of persons/bed. The shelter shall contain a maximum number of one hundred fifty (150) beds and shall serve no more than one hundred fifty (150) homeless persons.

7.

Waiting and intake areas. The shelter shall have a private area to receive clients.

8.

On-site parking. The shelter shall provide for thirty-five-hundredths (0.35) parking space per individual bed plus one (1) additional space per employee.

9.

Common facilities. The shelter may provide one (1) or more of the following specific facilities for the exclusive use of the residents and staff:

(a)

Central cooking and dining room;

(b)

Recreation room;

(c)

Counseling center;

(d)

Child-care facilities;

(e)

Laundry facilities; and

(f)

Other support services.

b.

Low-barrier navigation centers. These centers shall be permitted or conditionally permitted in accordance with the land use regulations in the designated zoning districts and precise plans as specified in the applicable land use tables, is consistent with the development standards of the underlying zoning district and shall comply with the following standards:

1.

Connected services. The center offers services to connect people to permanent housing through a services plan that identifies services staffing.

2.

Coordinated entry system. The center is linked to a coordinated entry system so that staff in the center may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400 (d) or Section 578.7 (a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment and referrals.

3.

Code compliant. The center complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4.

Homeless management information system. The center has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(Ord. No. 01.2024, § 21, 1/23/24.)

(Ord. No. 01.2024, § 22, 1/23/24.)

Purpose. The following provisions allow for home occupations that are secondary to and compatible with surrounding residential uses.

Application. Business licenses are required for home occupations, which are permitted as accessory uses in all residential zoning districts. A statement of compliance with the following operating standards shall be signed prior to issuance of the business license.

(Ord. No. 01.2024, § 22, 1/23/24.)

All home occupations shall comply with all of the following operating standards, unless expressly exempt as stated in this Section:

a.

The home occupation is clearly secondary to the full-time use of the structure as a residence;

b.

The use does not require a modification not customarily found in a dwelling, nor shall the use be visible from the street or from neighboring properties;

c.

There is no window display, advertising sign or other identification of the home occupation on the premises;

d.

No home occupation use may eliminate any required parking. Excluding microenterprise home kitchen operations, only one (1) vehicle with a capacity no greater than three-quarter (3/4) ton may be used by the occupant directly or indirectly in connection with a home occupation;

e.

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive or hazardous materials unless specifically approved by the fire department, in compliance with Chapter 24 of the City Code;

f.

Excluding microenterprise home kitchen operations, the home occupation shall not generate more than five (5) additional pedestrian or vehicular trips in excess of that customarily associated with the residential use in the zoning district in which it is located, and no more than two (2) deliveries per day.

g.

Operators of a home occupation must have and maintain a valid business license with the city.

(Ord. No. 01.2024, § 22, 1/23/24.)

The following home occupations shall be subject to specific operating standards in addition to the general operating standards set forth in Section 36.28.85.

a.

Cottage food operations. A cottage food operation (CFO) shall comply with all of the following additional standards and regulations:

1.

The use shall not create noise beyond the property line in accordance with Section 21.26 of the city code and may only create odors, fumes, smoke or secondary effects consistent with the registered or permitted operation;

2.

Operations shall be limited to the area approved for a CFO under a valid permit from the County of Santa Clara Department of Environmental Health;

3.

A microenterprise home kitchen operator cannot also obtain a license for a CFO; and

4.

On-site dining is not permitted.

b.

Microenterprise home kitchen operations. A microenterprise home kitchen operation (MEHKO) shall comply with all of the following additional standards and regulations:

1.

Comply with the requirements of Health and Safety Code Section 113825;

2.

A cottage food operator cannot also obtain a license for a MEHKO;

3.

The use shall not create noise beyond the property line in accordance with Section 21.26 of the city code and may only create odors, fumes, smoke or secondary effects consistent with the registered or permitted operation. An operator may have an open-air barbecue or outdoor wood-burning oven, pursuant to requirements of Health and Safety Code Section 114143;

4.

Operations shall be limited to the area approved for a MEHKO under a valid permit from the County of Santa Clara Department of Environmental Health; and

5.

On-site dining is permitted in compliance with occupancy limits of Chapter 8 of the city code. If outdoor dining is proposed, operations must be confined within a fenced rear yard and be limited to the hours of 8:00 a.m. to 9:00 p.m.

c.

All other home occupations. For all other home occupations, excluding cottage food operations and microenterprise home kitchen operations, the following additional regulations apply:

1.

No use shall create noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference or other hazards or nuisances.

2.

The use shall be confined completely to one (1) room within the dwelling or to the garage or other accessory structure.

(Ord. No. 01.2024, § 22, 1/23/24.)

The following uses are found to be not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:

a.

Adult entertainment establishments;

b.

Dance or night clubs;

c.

Medical services (not including chiropractors and counselors/psychotherapists);

d.

Mini storage;

e.

Storage of equipment, materials and other accessories for the construction and service trades;

f.

Vehicle repair (body or mechanical), upholstery, automobile detailing and painting;

g.

Welding and machining;

h.

Cannabis businesses;

i.

Sale, lease, delivery, transfer, commercial storage or commercial bailment of firearms or ammunition; and

j.

Any other use determined by the zoning administrator not to be incidental to or compatible with residential activities.

(Ord. No. 01.2024, § 22, 1/23/24.)

Permanent outdoor sales and rental establishments, including those dealing with autos, other vehicles and equipment; service stations; and other uses where the business is not conducted entirely within a structure, shall comply with the following standards. Temporary outdoor sales are subject to Section 36.46 (Temporary Use Permits).

a.

Outdoor merchandise display. The outdoor display of merchandise shall comply with the following standards:

1.

Screening required. Except for automobile sales, an outdoor sales/activity area shall be screened from adjacent streets by decorative solid walls, fences, or landscaped berms, a minimum of thirty-six (36) inches high, in a ten (10) foot landscaped area adjacent to the street property line;

2.

Location of merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon required parking spaces, driveways, pedestrian walkways or required landscape areas. These displays shall also not obstruct sight distance or otherwise create hazards for vehicle or pedestrian traffic; and

3.

Signs. Generally, there shall be no signs in addition to that allowed by Article XII (Signs) that is visible from the street. Pricing signs shall be no larger than necessary to be read by on-site shoppers.

b.

Outdoor storage areas. Where permitted by the underlying zoning district, all outdoor storage areas shall be entirely enclosed and screened by a solid wall or fence at least six (6) feet in height.

c.

Development review approval required. Any use proposing outdoor merchandise display or other outdoor business activities shall require a development review permit in compliance with Section 36.44.45 (Development Review).

(Ord. No. 18.13, § 1, 12/10/13.)

The following provisions establish standards and procedures for the sitting and operation of various types and sizes of commercial recycling facilities.

(Ord. No. 18.13, § 1, 12/10/13.)

Any recycling facility intending to operate in the city shall comply with all of the following provisions:

a.

Permit requirements. Recycling facilities are subject to permit review in all commercial and industrial zoning districts according to the following schedule:

Table 36.30-1

b.

Development and operating standards. All recycling facilities shall comply with the following specific standards:

1.

Reverse vending machines and small collection. Reverse vending machine(s) located within a commercial or industrial location shall not require additional parking spaces for recycling customers, and may be permitted in all commercial and industrial zoning districts, subject to a conditional use permit and compliance with the following standards:

(a)

Shall be installed as an accessory use in full compliance with all applicable provisions of this chapter and the City Code;

(b)

Shall not occupy parking spaces required by the primary use, and shall be constructed of durable waterproof and rustproof material;

(c)

Reverse vending machines shall occupy no more than fifty (50) square feet for each installation, including any protective enclosure, and shall be no more than eight (8) feet in height;

(d)

Small collection facilities shall be no larger than three hundred fifty (350) square feet;

(e)

Shall have operating hours which are consistent with the operating hours of the primary use;

(f)

Shall not obstruct pedestrian or vehicular circulation;

(g)

Shall not be located within fifty (50) feet of any parcel zoned or planned for residential use, nor shall it exceed noise standards as established in the general plan's noise acceptability guidelines.

(h)

Collection containers, site fencing and signs shall be of a color and design so as to be both compatible and harmonious with the surrounding uses and neighborhood; and

(i)

Shall be subject to landscaping and/or screening as determined through development review.

2.

Large collection facilities. A large collection facility which is larger than three hundred fifty (350) square feet, or on a separate parcel not accessory to a "primary" use, which has a permanent structure is allowed in industrial zoning districts, subject to a conditional use permit, and the following standards:

(a)

The facility does not abut a parcel zoned or planned for residential use;

(b)

The facility shall be screened from the public rights-of-way, within an enclosed structure, or behind fences, walls or screen planting;

(c)

Structure setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located;

(d)

All exterior storage of material should be in sturdy containers which are secured and maintained in good condition at all times. No storage, excluding truck trailers, shall be visible above the height of the wall;

(e)

The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;

(f)

Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred (100) feet from any residential zoning district, constructed of sturdy, rustproof materials, with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials; and

(g)

No dust, fumes, odor, smoke or vibration above ambient levels shall be detectable from adjacent parcels.

(Ord. No. 18.13, § 1, 12/10/13.)

The retail sales of food and beverage products and other general merchandise in conjunction with a gasoline service station is allowed subject to conditional use permit approval in compliance with Sec. 36.48 and the following standards:

a.

Permitted products. Retail sales of nonautomotive products shall be limited to items for the convenience of travelers, including film, personal care products, packaged food items and beverages.

b.

Signs. No exterior signs are allowed to advertise specific items for sale.

c.

Parking. On-site parking shall comply with the requirements of Article X (Parking and Loading) and shall include sufficient spaces for all employees on a single shift.

d.

Rest rooms. Rest rooms shall be provided and available to customers.

e.

Facility upgrading. Applications involving existing stations shall include proposed measures to upgrade the facility.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 5.18, § 7, 4/24/18)

a.

Location requirements. Significant tobacco retailers shall only be allowed in the CRA zone and shall require approval of a conditional use permit.

b.

Operating standards. In addition to any conditions of approval imposed by the zoning administrator in accordance with Section 36.48 (Conditional Use Permit) every significant tobacco retailer permitted under this section shall comply with Chapter 21 of the City Code and with the following:

1.

Access to merchandise. Tobacco products shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.

2.

Advertising and display of tobacco products. Significant tobacco retailers shall comply with local, state and/or federal laws regarding sales, advertising or display of tobacco products, including, posting a sign prominently near the cash register or other point of sale, the legal age to buy tobacco products and checking the identification of all purchasers to ensure they are of legal age.

3.

Selling or exchange of tobacco products. No minor person may sell or exchange tobacco products.

4.

Sales to minors. Sampling of tobacco products by minors shall not be permitted and, therefore, tobacco products shall not be given or sold to minors.

5.

Location requirements. If the proposed location is within one thousand (1,000) feet of a parcel occupied by a public or private kindergarten, elementary, middle, junior high or high school; licensed child-care facility or preschool other than a family day-care facility; public playground; youth center or public recreational facility, the zoning administrator shall consider the compatibility of the proposed use and said use(s) and determine whether:

(a)

The proposed use can be approved as proposed; or

(b)

Conditions can be imposed to mitigate any adverse impacts; or

(c)

The proposed use should be considered for another locations.

This determination shall be accompanied by a finding that there are other suitable locations for the proposed use and that said locations will not have the same or greater adverse impacts than the proposed location.

6.

Interpretations. The community development director may promulgate guidelines and interpretations to implement the provisions of this article, which guidelines and written interpretations shall be incorporated herein by this reference.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

The business of vehicle sales, towing or repairs, whether for new vehicles, used vehicles, rentals or leases (collectively "vehicle business(es)"), must be conducted solely on private property without storing or parking any of the vehicles that are in any way connected with the vehicle business on public or private property that is not part of the vehicle business.

b.

No person who owns, operates, leases or otherwise has control over a vehicle business shall allow any vehicle that is stored, has been towed or is for sale, lease, rental or under repair as part of that business to be parked on any public street or thoroughfare within five hundred (500) feet of the property comprising the vehicle business.

c.

Violation of this section may be punished pursuant to City Code Section 1.7. In addition, after written notice delivered by certified mail to the owner or operator of the vehicle business, any vehicle found in violation of this section within six (6) months of said notice may be towed and impounded by the city and retained as evidence in the prosecution of a violation of this section. The owner of the vehicle business shall be liable, in addition to any penalties, for the costs of towing, impounding and storing of the vehicles as well as any liability for the loss of use of the vehicle to the owner or third party.

d.

For purposes of this section, vehicle repair shall include dismantling, disassembling, building, remodeling, assembling, repairing, painting, washing, cleaning, servicing or storing of motor vehicles, boats, trailers, airplanes and aircraft.

(Ord. No. 18.13, § 1, 12/10/13.)

Any retailer of tobacco products required to secure a conditional use permit or modify an existing conditional use permit pursuant to City Code Section 21.62 shall process the application for the permit pursuant to Section 36.48 of this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

Animal service establishments, as defined in Section 36.60.05, shall be allowed in all commercial (CN, CS, CO, CRA) districts and the General Industrial (MM) district and shall require approval of a conditional use permit with consideration of the following:

a.

Noise and odor. Businesses caring for animals on-site shall limit noise and odor impacts to neighboring properties and businesses.

b.

Shelter and care. All facilities keeping animals during daytime and/or nighttime shall provide adequate permanent shelter, which is not visible from the public right-of-way, and appropriate care in accordance with Chapter 5 of the City Code.

c.

Operational requirements. All businesses shall operate in accordance with all local, state and federal laws and meet all requirements of Chapter 5 of the City Code.

(Ord. No. 18.13, § 1, 12/10/13.)

Warehouse-type retail stores shall be designed and located in compliance with the following standards:

a.

Building and site design. Building and site design shall complement surrounding commercial and/or industrial development. Structures shall be comparable to the architectural and design quality expected of new structures in the area, including quality of materials, structure design and orientation, site design, landscaping, and buffering. The structure shall reflect the retail aspect of the use by incorporating storefront features, e.g., facade ornamentation and special detailing which identify the entryway and provide pedestrian-level interest to the facade.

b.

Buffering and screening. These facilities shall be screened or buffered, as appropriate, to ensure compatibility with adjacent land uses. Particular attention shall be given to screening or providing buffers for parking, loading and storage areas, solid waste containers, auto service areas, areas with high noise levels, and other features that are visible or can be heard from off-site.

c.

Development near residential zoning districts. When evaluating applications for bulk merchandise stores near residential zoning districts, the zoning administrator shall give particular attention to the potential traffic, noise, visual and other effects of warehouse retail uses on residential uses.

d.

Traffic and parking.

1.

Parking lot layout. The zoning administrator shall specifically consider the impacts of the use and parking of shopping carts on the parking lot design.

2.

Pedestrian requirements. Because of high on-site pedestrian and auto activity, the design shall include clearly defined structure entrances, specially designated areas to accommodate customer pickup and pedestrian walks from parking areas to the structure.

3.

Site location. The use shall be located only on streets determined by the zoning administrator to have adequate traffic capacity.

(Ord. No. 18.13, § 1, 12/10/13.)

Any retailer of alcohol products required to secure a conditional use permit or modify an existing conditional use permit pursuant to City Code Section 21.62 shall process the application for the permit pursuant to Section 36.48 of this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

Personal cannabis use, possession and cultivation are permitted subject to the California Health and Safety Code Section 11362, the City Code and all applicable state law.

(Ord. No. 9.18, § 9, 10/23/18; Ord. No. 8.19, § 2, 6/11/19.)

a.

Required permits. Cannabis businesses shall not operate without approval of a valid conditional use permit, police department registration and state license.

b.

Maximum number. A maximum of three (3) cannabis businesses consisting of three (3) nonstorefront retail cannabis businesses shall be allowed within the city at any given time.

c.

No vested rights. No person(s) shall have any vested rights to any permit, right or interest under this article, regardless of whether such person(s) cultivated, sold, distributed or otherwise engaged in acts related to the use of cannabis prior to adoption of this division.

(Ord. No. 9.18, § 9, 10/23/18; Ord. No. 8.19, § 2, 6/11/1.)

Cannabis businesses shall be prohibited in all zoning districts except as explicitly permitted in designated zoning districts with approval of a conditional use permit in accordance with Sec. 36.48 of this chapter.

a.

Allowable activity. Only those types of cannabis businesses explicitly set forth in this section shall be allowed within the city:

1.

Cannabis business, nonstorefront retail; and

2.

Deliveries from facilities possessing valid state licenses, all required local permits from their respective jurisdiction, and registration pursuant to Chapter 9 of the City Code.

b.

Accessory use. Cannabis businesses shall not be permitted as an accessory use to or in conjunction with any other use.

c.

Proximity to schools, child-care centers, and child-care facilities. A cannabis business shall not be permitted within six hundred (600) feet of a school (public and private) or two hundred fifty (250) feet of a child-care center or facility. The distance shall be measured in a straight line from the closest property line of the parcel or property containing the cannabis business to the closest property line of the parcel or property containing the school, child-care center or facility. If a cannabis business is separated from a school (public or private) by U.S. Route 101, State Route 85 or State Route 237, or Central Expressway, the permitted distance shall be a minimum of two hundred fifty (250) feet from the school site.

d.

Owner. An owner or operator of a cannabis business shall be prohibited from owning or operating more than one (1) cannabis business within the city.

e.

Concentration of businesses.

1.

Not more than one (1) cannabis business may be conducted on a parcel or property.

2.

A nonstorefront retail cannabis business shall not be permitted within six hundred (600) feet of any other nonstorefront retail cannabis business. The distance shall be measured in a straight line from the closest property line of one (1) parcel or property containing a nonstorefront retail cannabis business to the closest property line of the other parcel or property containing a nonstorefront retail cannabis business.

(Ord. No. 9.18, § 9, 10/23/18; Ord. No. 8.19, § 2, 6/11/19.)

All cannabis businesses shall comply with all of the following conditions:

a.

Deliveries. Cannabis and cannabis products shall only be delivered to lawful customers and in compliance with the California Business and Professions Code Sections 26070 and 26090, the City Code and all applicable state law.

b.

Expansion. A cannabis business shall not be enlarged in size without review and approval of an amendment to the conditional use permit by the zoning administrator.

c.

Hours of operation. Cannabis businesses may only occur between the hours of 7:00 a.m. and 10:00 p.m. The zoning administrator may further restrict days and hours of operation of a business as a condition of a conditional use permit.

d.

Sensitive uses. The cannabis business shall not adversely impact any existing uses in its vicinity, especially adjacent residential and sensitive uses.

e.

Noise and odor. The cannabis business shall not create adverse air quality, noise or odor impacts. The building shall be properly ventilated and the exhaust air filtered to neutralize the odor from cannabis so that the odor cannot be detected by a person with a normal sense of smell at the exterior of the building or on any adjoining property. No operable windows or exhaust vents shall be located on the building facade that abuts a residential use or zone. Exhaust vents on rooftops shall direct exhaust away from residential uses or zones.

f.

Lighting. Outdoor lighting shall provide appropriate visibility. All exterior lighting shall be motion-sensored between dusk and dawn and shall not create light pollution on adjacent properties.

g.

Windows. Exterior mounted devices are prohibited, including security bars, grates, grills, barricades and similar devices.

h.

Loading area and circulation. A secure loading area for transport and delivery of goods shall be provided. All circulation plans for the loading, transport and delivery of goods shall be contained on-site and not cause significant off-site impacts.

i.

Security. A security plan compliant with Chapter 9 of the City Code shall be provided.

j.

Operation. Operation of a cannabis business shall not result in illegal redistribution or sale of cannabis, or the use or distribution in any manner which violates state or local regulations.

k.

Transfer of ownership. A conditional use permit may be transferred to a new owner per Sec. 36.48.30 contingent upon approval of all other required permits, licenses and registration and in compliance with the City Code.

l.

State license. The cannabis business shall, at all times during operation, maintain a valid state license for the use permitted by the approved conditional use permit.

m.

Police department registration. The cannabis business shall, at all times during operation, maintain valid police department registration for the use permitted by the approved conditional use permit pursuant to Chapter 9 of the City Code.

(Ord. No. 9.18, § 9, 10/23/18; Ord. No. 8.19, § 2, 6/11/19.)

Editor's note— Ord. No. 8.19, § 2, adopted June 11, 2019, repealed § 36.30.70, which pertained to cannabis businesses with a storefront retail space and derived from Ord. No. 9.18, adopted October 23, 2018.

Nonstorefront retail cannabis businesses are allowed with approval of a conditional use permit in designated zoning districts with consideration of the following and all other provisions of the City Code:

a.

Display of goods and advertising. Cannabis and cannabis products shall not be advertised or displayed at the premises. All signage shall comply with Article XII of the zoning code.

b.

Parking. Nonstorefront retail cannabis businesses shall be considered "warehousing" for purpose of provision of off-street parking and shall comply with Article X of the zoning code or the standards of the applicable precise plan.

c.

Appearance. The cannabis business shall appear compatible in design to other warehouse uses in the vicinity.

d.

Fences and walls. Fences and walls are not permitted within the front setback. Fences outside of the front setback shall not exceed seven (7) feet in height and are subject to development review. Defensive materials such as barbed wire are prohibited.

e.

Operation. At no time shall a customer visit the cannabis business.

(Ord. No. 9.18, § 9, 10/23/18; Ord. No. 8.19, § 2, 6/11/19.)

a.

Cannabis business use permit application procedures—Initial applications.

1.

Cannabis business screening application.

(a)

Upon the effective date of this division, the zoning administrator shall determine the sixty (60) day period during which any person or entity interested in operating a cannabis business pursuant to this article and Chapter 9 of the City Code must submit a complete application per the cannabis business screening application checklist to the zoning administrator.

(b)

Each application must be submitted by an applicant for a specific business at a specific property.

(c)

No applicant, entity or business shall submit more than one (1) application.

(d)

No more than one (1) application may be submitted per property or parcel.

(e)

Property owners of the application site shall provide written notice of consent for the applicant to submit an application for the cannabis business.

(f)

It shall be the applicant's responsibility to provide all the information and materials to complete the cannabis business screening application. The zoning administrator will not consider any incomplete or late applications. The filing date of the cannabis business screening application shall be the date when the zoning administrator receives the last submission of information or materials required by the cannabis business screening application checklist.

(g)

The zoning administrator shall review and qualify or deny each application submitted based on the criteria set forth in Sec. 36.30.60, Sec. 9.94—9.95 and any other criteria set forth by the zoning administrator.

(h)

The zoning administrator shall notify all applicants in writing of his/her determination to qualify or deny their cannabis business screening application. If approved, the applicant may proceed to the application selection lottery.

2.

Application selection lottery.

(a)

Within sixty (60) days of the cannabis business screening application period, the zoning administrator shall hold a random independent ranking process ("lottery") at a noticed and regularly scheduled zoning administrator public hearing.

(b)

All eligible applications shall be represented by matching tokens in the lottery. The tokens shall be selected at random. The zoning administrator shall select tokens at random until all tokens have been selected.

(c)

Applications shall be placed on the qualified cannabis business list in the order chosen by the lottery.

(d)

The zoning administrator shall notify all applicants in writing of their rank on the qualified cannabis business list following the lottery.

3.

Planning application.

(a)

After the lottery has taken place, the first three (3) applications on the qualified cannabis business list shall be authorized to submit planning applications. The number of applications authorized to be reviewed during any given time period shall not exceed the maximum number of cannabis businesses in subsection 36.30.55.b.

(b)

If the three (3) nonstorefront retail cannabis businesses authorized to submit planning applications conflict with the concentration of business criteria, the business ranked higher on the qualified cannabis business list shall be authorized to submit. The second business ranked on the qualified cannabis business list shall not be authorized to submit until the initial application is denied or withdrawn. The first business on the qualified cannabis business list not in conflict with the initial authorized business shall be authorized to submit an application.

(c)

Applicants authorized to submit a planning application must submit an application within sixty (60) days of written notification of authorization. The applicant shall submit required information per the cannabis business planning permit submittal checklist.

(d)

Where the zoning administrator denies a planning application or an application is withdrawn prior to consideration by the zoning administrator, the next application on the qualified cannabis business list shall be authorized to submit a planning application until such time as all applications have been reviewed or until the maximum number of cannabis businesses have obtained planning permits per subsection 36.30.55.b, whichever occurs first.

(e)

The zoning administrator shall review the planning application for compliance with the City Code pursuant to the processes and authority established in Article XVI of this chapter.

(f)

Planning applications shall be reviewed for compliance with Chapter 9 of the City Code.

b.

Cannabis business use permit application procedures—Future applications.

1.

At the time the zoning administrator is made aware fewer cannabis businesses are operating than the maximum number permitted by subsection 36.30.55.b, the zoning administrator shall determine application periods consistent with subsection 36.30.85.a.

2.

If during the cannabis business screening application period, the number of applications received do not exceed that which could be permitted pursuant to subsection 36.30.55.b., an application selection lottery shall not be held and applicants shall be permitted to proceed through the review process.

(Ord. No. 9.18, § 9, 10/23/18; Ord. No. 8.19, § 2, 6/11/19.)

This section establishes standards for city review of safe parking in conformance with the City Code and all applicable state laws.

(Ord. No. 16.19, § 4, 10/22/19.)

a.

Required permits. Safe parking sites, as defined in Sec. 36.60.41, shall not operate without approval of a valid nondiscretionary conditional use permit, unless an exemption applies, and police department permit, pursuant to Sec. 36.48 and Chapter 19.

b.

Locations. Safe parking shall be permitted in accordance with the land use regulations in the designated zoning districts and precise plans as specified in the applicable land use tables.

c.

Exemptions. A nondiscretionary conditional use permit is not required for safe parking uses under the following circumstances. A police department permit issued pursuant to Chapter 19 of the City Code shall still be required.

1.

During a declared shelter crisis adopted by resolution of the city council pursuant to Government Code Secs. 8698 to 8698.4.

2.

Safe parking operated on sites owned or controlled by the city.

(Ord. No. 16.19, § 4, 10/22/19.)

The following standards shall apply to all safe parking uses, except safe parking operated on sites owned or controlled by the city and shall be used as the criteria for determining whether to approve a nondiscretionary conditional use permit:

a.

Hours of operation. Safe parking uses may only occur between the hours of 5:00 p.m. and 9:00 a.m. and when the parking lot is not in use by the primary use of the site, as applicable. If operation of the safe parking use is proposed during the operational hours of another use(s) on a site, it shall be demonstrated that adequate parking is maintained to serve all on-site uses.

b.

Number of vehicles. At no time shall more than thirty (30) vehicles be used for safe parking.

c.

Expansion. A safe parking use shall not be enlarged in size without review and approval of an amendment to the conditional use permit by the zoning administrator.

d.

Setbacks. The designated safe parking area shall be located a minimum of twenty-five (25) feet from the property line of any abutting residentially zoned or used property.

e.

Ingress and egress. The site shall maintain sufficient ingress and egress as determined by the chief building official.

f.

Emergency vehicle access. The site shall maintain sufficient emergency vehicle access (EVA) for public safety as determined by the chief building official.

g.

Recreational vehicle clearances. A minimum ten (10) foot clearance shall be maintained around each recreational vehicle (RV).

h.

Structures. Structure(s) not already located on the site are prohibited, including, but not limited to, the use of lean-to's or pop-outs. No person shall be housed in tents or other temporary facilities.

i.

Lighting. A minimum of one (1) footcandle lighting shall be provided in the designated safe parking area and shall not create light pollution on adjacent properties.

j.

Fences and walls. Fences and walls are not permitted to secure or delineate safe parking uses on-site. Defensive materials such as barbed wire are prohibited.

k.

Facilities. Restroom, water and trash facilities shall be provided, maintained and accessible to participants on the site during safe parking program hours.

l.

Waste disposal. Black/grey water shall be properly disposed in accordance with a disposal plan submitted by the applicant.

m.

Stormwater pollution prevention. The applicant shall comply with the submitted stormwater pollution controls and clean-up response plan to minimize and/or address the water quality impacts of litter and spills from the site.

n.

Electricity hookups. Electricity hookups shall be prohibited.

o.

Police department permit. The safe parking use shall, at all times during operation, maintain a valid police department permit pursuant to Chapter 19 of the City Code.

(Ord. No. 16.19, § 4, 10/22/19.)

An application for safe parking shall include, but not be limited to, the following:

a.

A site plan depicting the designated safe parking area, and restroom, water and trash facilities.

b.

A black/grey water disposal plan.

c.

A stormwater pollution control and spill response plan to reduce water quality impacts of litter and waste discharges at the site. Requirements of this plan include:

1.

Installation of controls, such as storm drain inlet protection and/or full trash capture devices; and

2.

Procedures for identifying, containing and managing litter and waste discharges.

d.

Security procedures plan.

e.

A neighborhood relations plan shall be provided, which shall include a contact phone number and e-mail for each safe parking facility location to address any complaints in a timely manner.

(Ord. No. 16.19, § 4, 10/22/19.)

General plan mixed-use village centers implement general plan goals and policies to encourage walkable centers with a mix of accessible retail and other uses in key areas. They shall include neighborhood-serving commercial uses, public plazas and walkable and accessible connections to surrounding neighborhoods.

In the CN and CS zones, residential development is only allowed as part of a mixed-use development in compliance with the standards of this Division and only on properties with a General Plan land use designation allowing residential uses, such as neighborhood mixed-use, general mixed-use or mixed-use corridor.

(Ord. No. 1.2023, § 4, 2/14/23.)

_____

All general plan mixed-use village centers shall be designed and constructed in compliance with the requirements of the following provisions:

(Ord. No. 1.2023, § 4, 2/14/23.)

Hydrogen fueling stations must comply with the following requirements:

a.

Meet the requirements of Government Code Section 65850.7;

b.

Comply with Section 21.26 of the city code;

c.

Shall not be located in a manner which blocks or impedes vehicle circulation, fire and emergency access, solid waste and recycling truck access or a required loading zone(s);

d.

Shall avoid removal of an existing heritage tree(s), as defined in Section 32.23 of the city code.

(Ord. No. 01.2024, § 23, 1/23/24.)

Hydrogen fueling stations shall be permitted in accordance with the land use regulations in the designated zoning districts as specified in the applicable land use tables with a building permit if in compliance with all applicable requirements per Section 36.30.120 and is located on:

a.

A site in a commercial or industrial zoning district with no existing residential units on-site; or

b.

A site that previously had an existing service station.

All other hydrogen fueling station locations which do not comply with subsection a or b above shall require a conditional use permit subject to the provisions of Division 6 (Conditional Use Permits) of Article XVI and any other permit as may be required by this Chapter.

(Ord. No. 01.2024, § 23, 1/23/24.)