San Pablo City Zoning Code
Division III
Zoning Districts, Allowed Uses, and Development Standards
17.26.010 Purpose.
The purpose of this chapter is to identify classes of uses so that appropriate uses can be accommodated in the various zoning districts. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.26.020 Applicability.
The zoning districts are applicable in all areas of the city except for specific plan areas. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.26.030 Establishment of zoning districts.
A. Base Districts. The base zoning district is the primary zoning district that applies to a property. Every parcel throughout the city has a base zoning district that establishes the primary land use type, density, intensity, and site development regulations. The base zoning districts listed in Table 17.26-A—Base Districts are established by this title consistent with the general plan:
General Plan Land Use | Map ID | District Name |
|---|---|---|
Low Density Residential | R-1 | Single-Family Residential District |
Low Density Residential | R-2 | Two-Family Residential District |
Medium Density Residential | R-3 | Multifamily Residential District |
High Density Residential | R-4 | High-Density Multifamily Residential District |
Residential Mixed-Use | RMU | Residential Mixed-Use District |
Neighborhood Commercial | NC | Neighborhood Commercial District |
Regional Commercial | CR | Regional Commercial District |
Commercial Mixed-Use | CMU | Commercial Mixed-Use District |
Industrial Mixed-Use | IMU | Industrial Mixed-Use District |
Public/Institutional | I | Institutional District |
Parks/Recreation | OS | Open Space District |
B. Overlay Districts. The overlay zoning districts supplement base zoning districts for one or more of the purposes listed below. The overlay zoning districts listed in Table 17.26-B—Overlay Districts and Specific Plans are established by this title.
1. To allow more flexibility from the standard provisions of the underlying base zone.
2. To protect unique site features or implement location-specific regulations.
3. To recognize and protect existing nonconforming uses.
4. To specify a particular standard or guideline for an area.
Overlay Districts | |
D1 | Hillside Area Overlay District |
D2 | Priority Development Area Overlay District |
D3 | Air Quality Health Risk District |
MF | Multifamily Overlay District |
CP | Creekside Protection Overlay District |
Specific Plans | |
SP1 | 23rd Street Specific Plan |
SP2 | San Pablo Avenue Specific Plan |
(Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.28.010 Zoning map.
The designations, locations, and boundaries of the districts established are delineated upon the map entitled “Zoning Map for the City of San Pablo, California,” as amended, which map and all notations and information thereon are made a part of this title by reference. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.28.020 Interpretation of boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the rules of this section shall apply.
A. Centerlines. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
B. Lot Lines. Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.
C. City Limits. Boundaries indicated as approximately following city limits shall be construed as following such city limits.
D. Waterways. Boundaries indicated as approximately following the centerlines of streams or creeks shall be construed to follow such centerlines.
E. Distances. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
F. Discrepancies. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections A through F of this section, the zoning administrator shall interpret the district boundaries. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.28.030 Annexations.
All territory annexed to the city shall be pre-zoned and considered to be in the R-1 single-family residential district until otherwise classified. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.30.010 Classification of uses.
In order to simplify land use regulations used throughout this title, the city has established a “use classification” system to group individual land use listings into general categories on the basis of common function, product, or compatibility characteristics. Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may appropriately be within the classification. For example, “personal service use” includes a wide range of individual personal service uses (e.g., beauty parlor, dry cleaning, tanning salons, tailors). Rather than listing all such uses individually throughout this title, “personal service use” is listed once. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.30.020 Categories and use descriptions.
A. Use classifications established for the city of San Pablo are organized into the six categories below. Descriptions of each use classification in these categories are provided in Division VI, Glossary.
1. Residential use classes.
2. Recreation, resource preservation, open space, education, and public assembly use classes.
3. Utility, transportation, public facility, and communication use classes.
4. Retail, service, and office use classes.
5. Automobile and vehicle use classes.
6. Industrial, manufacturing, and processing uses. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.30.030 Rules applicable to use classifications.
The following rules apply to use classifications:
A. Specific Use Regulations. Additional use regulations for specific land uses are listed in Division V, Special Use Requirements.
B. Uses Not Listed. Land uses that are not listed in the zoning district tables are not allowed, except as otherwise provided for in this title.
C. Illegal Uses. No use that is illegal under local, state, or federal law shall be allowed in any zoning district within the city.
D. Similar Uses. When a use is not specifically listed in this title, it shall be understood that the use may be permitted if the zoning administrator determines that the use is substantially similar to other uses listed based on established criteria and required findings outlined in Section 17.18.040, Similar use determination. It is further recognized that every conceivable use cannot be identified in this title and, anticipating that new uses will evolve over time, the zoning administrator may make a similar use determination to compare a proposed use and measure it against those uses listed. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.30.040 Temporary uses.
Generally, use classifications identify primary and longer-term use of property. Temporary uses which are incidental to the primary use and/or limited term in nature are listed and regulated in Chapter 17.64, Temporary Uses. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.32.010 Purpose.
The purpose of this chapter is to define allowable land uses and property development standards, including intensity of development, for the residential zoning districts in order to produce healthy, safe, and attractive neighborhoods in San Pablo, consistent with the policy direction in the San Pablo general plan. The intent of each of the residential zoning districts is described below. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.32.020 Intent of individual districts.
A. R-1 District. The R-1 single-family residential district is intended to implement the single-family residential land use designation in the general plan by providing opportunities for single-family homes on individual parcels. The maximum density ordinarily allowable in this district is twelve dwelling units per acre. Accessory dwelling units and accessory uses are also allowed.
B. R-2 District. The R-2 two-family residential district is intended to implement the medium-density multifamily residential land use designation in the general plan by providing opportunities for single-family and two-family homes (duplexes). The maximum density allowable in this district is eighteen dwelling units per acre. Accessory dwelling units and accessory uses are also allowed.
C. R-3 District. The R-3 multifamily residential district is intended to implement the medium-density multifamily residential land use designation in the general plan by providing opportunities for residential development characterized by a mix of housing types, including townhouses, apartments, and condominiums. The maximum density allowable in this district is twenty-four dwelling units per acre. Accessory dwelling units and accessory uses are also allowed.
D. R-4 District. The R-4 high-density multifamily residential district is intended to implement the high-density multifamily residential land use designation in the general plan by providing opportunities in select locations, such as near transit stops or neighborhood retail centers, for residential development characterized by a mix of housing types, including single-family homes, two-family homes, townhouses, apartments, and condominiums. The maximum density allowable in this district is forty-eight dwelling units per acre. Accessory dwelling units and accessory uses are also allowed.
E. RMU District. The RMU residential mixed-use district is intended to implement the residential mixed-use land use designation in the general plan by providing opportunities for mixed-use development that includes residential, office, and retail uses. The maximum floor area ratio (FAR) is 1.5 and the maximum residential density (included within the overall FAR limits) is fifty units per gross acre. Accessory dwelling units and accessory uses are also allowed. (Ord. 2020-011 § 2, 2020; Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.32.030 Uses allowed.
A. Matrix of Uses. Table 17.32-A—Residential Districts: Use Regulations contains the use regulations for the residential zoning districts, listed by class of uses as defined in Division VI, Glossary. The allowable uses in Table 17.32-A for each district are established by letter designations as follows:
1. “R” designates classes of uses permitted by right.
2. “A” designates classes of uses that require an administrative review pursuant to Section 17.18.020, Plan check/zoning clearance.
3. “U” designates classes of uses permitted with a use permit pursuant to Section 17.20.040, Conditional use permit.
4. “–” designates classes of uses that are prohibited.
5. Any class of use not listed in Table 17.32-A is prohibited.
B. Exceptions. Notwithstanding the provisions of Table 17.32-A, the following provisions apply:
1. Railroad Lines. Any development within three hundred feet of a railroad line that is used at least once daily shall require a use permit to ensure that the development adequately mitigates noise and vibration from the rail operations, pursuant to the relevant policies and actions under the general plan.
2. Streams. In the absence of any other permit requirement, any development, including land disturbance, that is within fifty feet of any stream shall require an administrative use permit to ensure that the development adequately avoids impacts to wetland features or woodlands, reduces impacts to the creek, and prevents degradation of riparian and wetland features from potential urban pollutants, pursuant to the relevant policies and actions related to creeks within the general plan.
3. Specific Plans. Development on specific plan areas follow their provisions.
C. Design Review. Certain uses also require design review. A list of those uses is contained in Section 17.18.090, Minor design review, and Section 17.20.030, Major design review.
D. Principal Uses Only. Only principal uses are listed in Table 17.32-A—Residential Districts: Use Regulations. Accessory uses are addressed in Section 17.32.080, Accessory uses.
E. Other Regulations. Some uses are also subject to other titles of the San Pablo Municipal Code. Those provisions are in addition to the provisions in this chapter.
F. Special Provisions. Special provisions related to a use are referenced in the special provisions column of Table 17.32-A—Residential Districts: Use Regulations.
Land Use/Zoning District | R-1 | R-2 | R-3 | R-4 | RMU | Special Provisions |
|---|---|---|---|---|---|---|
Residential Uses | ||||||
Accessory Dwelling Units1 | R | R | R | R | R | Section 17.60.070 |
Animal Keeping | R | R | R | R | R | Section 17.60.010 |
Assisted Living Facilities | – | – | U | U | U | Section 17.60.010 |
Boarding Houses | – | – | U | U | U |
|
Community Care Facilities (7+)2 | U | U | U | U | U |
|
Day Care, Large Family3 | R | R | R | R | R |
|
Day Care, Small Family4 | R | R | R | R | R |
|
Dwellings, Multiple-Family5 | – | – | R | R | R | Section 17.58.020 |
Dwellings, Single-Family Attached5 | – | R | R | R | R |
|
Dwellings, Single-Family Detached5 | R | R | R | – | – | Section 17.32.050 |
Dwellings, Two-Family (Duplexes)5 | – | R | R | – | – | Section 17.32.050 |
Emergency Shelter | – | – | – | – | R | Section 17.60.080 |
Home Occupations | R | R | R | R | R | Section 17.60.030 |
Live-Work Facility | – | – | – | – | U | Section 17.60.040 |
Mobile Home Parks | – | – | – | – | – | Section 17.60.060 |
Residential Care Facilities (≤6) | R | R | R | R | R |
|
Single-Room Occupancy | – | – | – | – | R | Section 17.60.090 |
Supportive Housing | R | R | R | R | R |
|
Transitional Housing | R | R | R | R | R |
|
Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses | ||||||
Cemeteries | U | U | U | – | – |
|
Community Facilities | U | U | U | U | U |
|
Community Gardens | A | A | A | A | A |
|
Day Care Centers | U | U | U | U | U |
|
Hospitals and Clinics | U | U | U | U | U |
|
Public Services | U | U | U | U | U |
|
Recreation, Amusements | – | – | – | – | – |
|
Recreation, Indoor | – | – | – | – | U |
|
Recreation, Major Arcades | – | – | – | – | – |
|
Recreation, Minor Arcades | – | – | – | – | – |
|
Recreation, Outdoor Passive | – | – | – | – | – |
|
Recreation, Parks and Playgrounds | U | U | U | U | U |
|
Religious Institutions | U | U | U | U | U |
|
Schools, Private | – | – | – | – | – |
|
Schools, Public | – | – | – | – | – |
|
Utility, Transportation, Public Facility, and Communication Uses | ||||||
Wireless Facilities | – | – | – | – | – | |
Utilities, Major | – | – | U | U | U |
|
Utilities, Minor | U | U | U | U | U |
|
Retail, Service, and Office Uses | ||||||
Adult-Oriented Businesses | – | – | – | – | – | Section 17.62.010 |
Alcoholic Beverage Sales | – | – | – | – | U | Section 17.62.020 |
Animal Boarding | – | – | – | – | – | Section 17.60.010 |
Animal Care | – | – | – | – | A | Section 17.60.010 |
Bed and Breakfasts | U | U | R | R | R |
|
Business and Professional Services | – | – | – | – | R |
|
Cash for Gold Facilities | – | – | – | – | – |
|
Cannabis, Commercial Facilities and Activities | – | – | – | – | – | Section 17.62.130 |
Cannabis, Delivery | – | – | – | – | – | Section 17.62.130 |
Cannabis, Limited Personal Cultivation | P | P | P | P | P | Section 17.62.130 |
Cannabis, Outdoor Cultivation | – | – | – | – | – | Section 17.62.130 |
Check Cashing Businesses | – | – | – | – | U | Section 17.62.050 |
Dance and Fitness Studios | – | – | – | – | A |
|
Escort Services | – | – | – | – | – |
|
Farmers Markets | – | – | – | – | U |
|
Food and Beverage Sales, Convenience | – | – | – | – | R |
|
Food and Beverage Sales, General | – | – | – | – | R |
|
Funeral and Interment Services | – | – | – | – | R |
|
Health Food Stores | – | – | R | R | R | Section 17.62.090 |
Hotels and Motels | – | – | U | U | U |
|
Massage Establishments | – | – | – | – | U | Section 17.62.120 |
Medical Cannabis Facility | – | – | – | – | – | Section 17.62.130 |
Mobile Vending6 | – | – | – | – | U | Section 17.62.140 |
Nurseries | – | – | – | – | R |
|
Offices | – | – | – | – | R |
|
Pawn Broker | – | – | – | – | – |
|
Personal Services | – | – | – | – | R |
|
Repair Services, General | – | – | – | – | – |
|
Repair Services, Limited | – | – | – | – | U |
|
Restaurants, Fast Service | – | – | – | – | U |
|
Restaurants, General | – | – | – | – | R |
|
Retail Sales, General | – | – | – | – | R |
|
Retail Sales, Local | – | – | – | – | R |
|
Retail Sales, Outdoor | – | – | – | – | U |
|
Retail Sales, Regional | – | – | – | – | U |
|
Secondhand Dealers | – | – | – | – | R | Section 17.62.170 |
Smoke Shops | – | – | – | – | U | Section 17.62.180 |
Tattoo Parlors | – | – | – | – | – | Section 17.62.190 |
Wholesaling | – | – | – | – | – |
|
Automobile and Vehicle Uses | ||||||
Automotive, Major Repair | – | – | – | – | – | Section 17.62.040 |
Automotive, Minor Repair | – | – | – | – | U | Section 17.62.040 |
Automotive, New Car Sales | – | – | – | – | – |
|
Automotive, Parts Sales | – | – | – | – | U |
|
Automotive, Gas Stations | – | – | – | – | U |
|
Automotive, Used Car Sales | – | – | – | – | – |
|
Automotive, Washing | – | – | – | – | – |
|
Boat and RV Sales | – | – | – | – | – |
|
Taxicab Companies | – | – | – | – | – |
|
Truck Repair and Sales | – | – | – | – | – |
|
Industrial, Manufacturing, and Processing Uses | ||||||
Building Materials Yard | – | – | – | – | – |
|
Industry, General | – | – | – | – | – |
|
Industry, Limited | – | – | – | – | – |
|
Junkyards | – | – | – | – | – | Section 17.62.110 |
Maintenance Yards | – | – | – | – | – |
|
Recycling Services, Consumer | – | – | – | – | – |
|
Recycling Services, Donation/Collection Boxes | – | – | – | – | U | Section 17.58.030 |
Recycling Services, General | – | – | – | – | – |
|
Research and Development | – | – | – | – | – |
|
Storage, Personal | – | – | – | – | – |
|
Warehousing and Storage, Enclosed | – | – | – | – | – |
|
Warehousing and Storage, Outdoors | – | – | – | – | – |
|
Notes:
1. Permitted in conjunction with existing and proposed single-family and multiple-family dwellings. Junior accessory dwelling units also allowed in existing and proposed single-family dwellings. See Section 17.60.070.
2. Six or fewer persons does not require a use permit and is permitted by right.
3. “Large-family day care” means a home that provides family day care for seven to fourteen children, including children under the age of ten who reside in the home, for periods of less than twenty-four hours per day (Health and Safety Code Section 1596.78).
4. “Small-family day care” means a home that provides family day care for eight or fewer children, including children under the age of ten who reside in the home, for periods of less than twenty-four hours per day (Health and Safety Code Section 1596.78).
5. In all cases, supportive housing and transitional housing are and shall be treated as residential uses, subject only to the permitting requirements that apply to residential uses of the same housing type location in the same zone.
6. Unless the use is exempt, it requires a special event permit.
(Ord. 2020-011 § 3, 2020; Ord. 2020-002 § 6, 2020; Ord. 2017-005 § 2, 2017; Ord. 2017-003 § 2, 2017; Ord. 2017-002 § 2, 2017; Ord. 2016-001 § 2, 2016: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.32.040 Development standards.
A. General. Table 17.32-B establishes property development standards for residential districts. Development standards for accessory dwelling units are contained within Section 17.60.070. Standards shown in the table are subject to the rules of measurement set forth in Chapter 17.46, Height and Yard Requirements.
Land Use/Zoning District | R-1 (and Substandard Parcels in R-2, R-3, and R-4 Districts)1 | R-2 | R-3 | R-4 | RMU |
|---|---|---|---|---|---|
Parcel Dimensions1 | |||||
Parcel Area, min | |||||
Interior Parcels | 5,000 sf | 7,000 sf | 10,000 sf | 10,000 sf | 10,000 sf |
Corner Parcels | 6,000 sf | 7,000 sf | 10,000 sf | 10,000 sf | 10,000 sf |
Parcel Frontage, min | |||||
Interior Parcels | 50 feet | 70 feet | 100 feet | 100 feet | 100 feet |
Corner Parcels | 60 feet | 70 feet | 100 feet | 100 feet | 100 feet |
Coverage, Density, and Intensity | |||||
Parcel Coverage, max | 45%2 | 50% | 70% | 75% | 75% |
Density, max3 | 12 du/ac | 18 du/ac | 24 du/ac | 48 du/ac12 | 50 du/ac13 |
Floor Area Ratio (FAR), max | – | – | – | – | 1.5 |
Setbacks4 | |||||
Front, min | 20 feet | 20 feet | 15 feet5 | 15 feet5, 7 | 05, 6, 7 |
Side, max | 10 feet/20% of parcel width for both sides | – | 25 feet/20% of parcel width for both sides | 25 feet/20% of parcel width for both sides | 25 feet/20% of parcel width for both sides |
Side, min | |||||
1st Story | 4 feet per side | 5 feet per side | – | – | 0 feet; 10 feet when abutting a conforming residential use |
2nd Story | 8 feet per side/18 feet total | 5 feet per side | – | – | – |
1- to 2-Story Building | – | – | 5 feet per side | 5 feet per side | 5 feet per side |
3-Story Building | – | – | 8 feet per side | 8 feet per side | 8 feet per side |
4+ Story Building | – | – | 12 feet per side | 12 feet per side | 12 feet per side7 |
Single-Row Dwelling Access8 | – | – | 12 feet | 12 feet | 12 feet |
Rear, min | 15 feet | 15 feet | 15 feet | 15 feet | 0 feet; 10 feet when abutting a conforming residential use |
Site Development Measurements | |||||
Height, max | |||||
At Eave | 20 feet | 20 feet | 40 feet11 | 60 feet9, 11 | 60 feet9, 11 |
At Roof Peak | 27 feet | 27 feet | 48 feet11 | 75 feet9, 11 | 50 feet |
Stories, max | 2 | 2 | 611 | 611 | 3 |
Building Separation, min | Building Code | Building Code | Building Code | Building Code | Building Code |
Width of Driveways and Driveway Cuts at Curb | |||||
Single Driveway | 12 feet | n/a | n/a | n/a | 10 feet |
Double Driveway | 22 feet or 40% of the lot frontage, whichever is less | 22 feet or 40% of the lot frontage, whichever is less | 22 feet or 40% of the lot frontage, whichever is less | 22 feet or 40% of the lot frontage, whichever is less | 22 feet or 40% of the lot frontage, whichever is less |
Width of Inner Court Providing Access to Double-Row Dwelling Group | – | – | 22 feet | 22 feet | 22 feet |
Required Open Space per Unit, min | – | 350 sf | 300 sf | 300 sf | 150 sf of publicly accessible and 60 sf of privately accessible |
Accessory Structures14 | |||||
Height, max | 12 feet | 12 feet | 12 feet | 12 feet | 12 feet |
Notes:
1. Parcels not meeting the minimum parcel area or parcel frontage requirements are subject to the provisions of Section 17.08.050, Nonconforming parking.
2. Parcel coverage may be increased to fifty percent if two R-1 lots of five thousand square feet or less are consolidated.
3. Maximum densities shown in this table may be increased pursuant to the state density bonus law for affordable housing and the city’s density bonus ordinance.
4. Additional setbacks may be required for development adjacent to creeks or steep slopes to meet the requirements in Chapter 17.08, Nonconformities, and other applicable laws and to ensure safety of development from unstable soils.
5. For residential mixed uses, there is no minimum setback, and maximum setback is twenty feet.
6. Portions of the building facade that exceed twice the height of adjoining buildings shall be set back from the adjoining property line a minimum of ten feet.
7. Twenty-foot setback is required if covered parking is located in the front of the building.
8. Second story not allowed except by use permit.
9. The planning commission shall determine if the placement of side yard windows would jeopardize the privacy of adjacent neighbors. The planning commission may impose greater setbacks or require other design features to protect privacy. The planning commission may also allow a minimum three-foot side yard at the second story if such setback would not jeopardize the privacy of adjacent neighbors. This reduced setback shall apply to one side of the dwelling only.
10. Single-row dwelling groups with side yard access are discouraged and allowed only with a use permit.
11. Within seventy-five feet of an R-1 or R-2 district, the height shall be limited to forty feet eave height, fifty feet roof peak height, and four stories.
12. Average assumed general plan build-out: thirty du/ac with a range between twenty-five to sixty du/ac.
13. Average assumed general plan build-out: fourteen du/ac in a mixed-use project. Consistent with GP—does not trip CEQA unless cumulative average (over time) exceeds average.
14. Development standards for accessory dwelling units are contained within Section 17.60.070.
B. Substandard Parcels. Parcels not meeting the minimum parcel area or parcel frontage requirements as shown in Table 17.32-B are subject to the provisions of Section 17.32.050, R-1 districts and substandard parcels.
C. Measurement of Front and Side Yard Setbacks. For rules on the measurement of front and side yard setbacks, see Chapter 17.46, Height and Yard Requirements.
D. Intrusions into Setbacks. For rules on allowable intrusions into setbacks, see Chapter 17.46, Height and Yard Requirements.
E. Creation of New Lots. No new lots smaller than the minimum parcel areas shown on Table 17.32-B shall be created after the effective date of this chapter.
F. Roofs. Flat roofs are prohibited for all buildings that are four stories or less in height.
G. Main Entrances. The main entrance of all single-family and two-family residences shall face the street.
H. Drainage. All roof and other drainage originating on a site shall be contained on that site until delivery to the storm drainage system.
I. Stormwater Management. For rules on stormwater management, see Chapter 8.40. (Ord. 2020-011 § 4, 2020; Ord. 2020-002 § 7, 2020; Ord. 2017-002 § 3, 2017; Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.32.050 R-1 districts and substandard parcels.
A. Applicability. This section shall apply to the R-1 district and to all parcels that do not meet the minimum parcel area or parcel frontage requirements set forth in Table 17.32-B.
B. R-2 District. For parcels in the R-2 district that do not meet the minimum parcel area or parcel frontage requirements for that district, the parcels shall be subject to the use regulations, development standards, and other provisions applicable to the R-1 district.
C. R-3 and R-4 Districts. For parcels in the R-3 or R-4 districts that do not meet the minimum parcel area or parcel frontage requirements for these districts, the following provisions shall apply:
1. If the parcel meets the area and frontage requirements for the R-2 district, it shall be subject to the use regulations, development standards, and other provisions applicable to the R-2 district.
2. If the parcel does not meet the area and frontage requirements for the R-2 district, it shall be subject to the use regulations, development standards, and other provisions applicable to the R-1 district.
D. Side Setbacks. The side setbacks for residential uses subject to this section are set forth in Table 17.32-C.
E. Front Yards. Within the R-1 district, a minimum of ninety percent of the front yard not occupied by the pedestrian walkway to the front door, driveway, and allowed intrusions shall be of a permeable surface not suitable for parking. No part of the front yard except the driveway leading to an approved parking space shall be used for parking.
F. Intrusions into Setbacks. For rules on allowable intrusions into setbacks, see Chapter 17.46, Height and Yard Requirements..
Minimum Parcel Sizes and Parcel Widths2 | Minimum Side Yard Setback for First Story | Minimum Side Yard Setback for Second Story | |
|---|---|---|---|
Size (sf) | Width (feet) | ||
5,000 (6,000 for corner parcel) | 50 (60 for corner parcel) | Total (both sides) of 20% of parcel width to maximum of 10 feet, with minimum of 4 feet on one side | Total (both sides) of 18 feet, with no side being less than 8 feet |
3,700 | 37 | 3 feet each side | Total (both sides) of 14 feet, with no side being less than 6 feet |
3,000 | 30 | 3 feet each side | Total (both sides) of 12 feet, with no side being less than 5 feet |
2,500 | 25 | 3 feet each side | Second story not allowed except by use permit; if so allowed, no side setback shall be less than 3 feet3 |
Notes:
1. Additional setbacks may be required for development adjacent to creeks or steep slopes to meet the requirements in Chapter 17.08, Nonconformities, and other applicable laws, and to ensure safety of development from unstable soils.
2. Both parcel size and width must be met.
3. The planning commission shall determine if the placement of side yard windows would jeopardize the privacy of adjacent neighbors. The planning commission may impose greater setbacks or require other design features to protect privacy. The planning commission may also allow a minimum three-foot side yard at the second story if such setback would not jeopardize the privacy of adjacent neighbors. This reduced setback shall apply to one side of the dwelling only.
(Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.32.060 Side and special setbacks for R-3 and R-4 districts.
A. Applicability. The provisions of this section apply to the R-3 and R-4 districts.
B. Side Yards. There shall be an aggregate side yard equal to twenty percent of parcel width up to a maximum aggregate side yard total of twenty-five feet, with the following minimums:
1. One- and two-story buildings: a minimum of five feet on each side property line.
2. Three-story buildings: a minimum of eight feet on each side property line.
3. Four-story and higher: a minimum of twelve feet on each side property line.
4. Single-row dwelling groups with side-yard access are discouraged and are allowed only with a use permit. Any such side yard, if approved, shall be a minimum of twelve feet wide.
5. An inner court providing access to a double-row dwelling group shall be a minimum of twenty-two feet wide. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.32.070 Open space requirements.
A. Amount. The following amount of common or private open space is required:
1. R-2 District. Minimum of three hundred fifty square feet per unit.
2. R-3 and R-4 Districts. Minimum of three hundred square feet per unit, except for parcels subject to Section 17.32.050, R-1 districts and substandard parcels.
B. Minimum Dimensions. Required open space at ground level shall have a minimum dimension of ten feet in any direction. Decks with a height of thirty inches or less are considered to be ground-level open space.
C. Location. Required open space shall be located behind the required front yard setback and shall not include paved areas utilized for vehicle parking. Balconies and ground-floor patios shall be located adjacent to indoor primary living space.
D. Decks. Within the R-2 district, decks shall be counted as usable open space.
E. Balconies. Within the R-3 and R-4 districts, balconies with a minimum dimension of six feet shall be counted as usable open space, and each square foot of balcony space may be credited as two square feet of usable open space.
F. Private and Common Open Space. Within the R-3 and R-4 districts, a minimum of one hundred square feet of open space per unit at ground level and sixty square feet per unit for upper stories shall be designed as private open space. The remaining open space areas may be designated as common open space.
G. Landscaping. Landscaping of all ground-level open space shall be required as set forth in Chapter 17.48, Landscaping. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.32.080 Accessory uses.
A. General. Accessory uses normally incidental to the type of principal use located on the parcel are allowed, but any commercial use is not allowed except as may be authorized as a home occupation. In case of dispute, the zoning administrator shall determine if a use is an accessory or a principal use.
B. Gardens. Private flower and vegetable gardens, greenhouses, and horticultural collections are allowed.
C. Animals. The keeping of household pets is allowed, but not kennels, stables, or the commercial raising of animals.
D. Home Occupations. Home occupations are allowed, provided they comply with the provisions of Section 17.60.030, Home occupations.
E. Accessory Structures. See Chapter 17.42, Accessory Structures. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.32.090 Residential design guidelines.
Compliance with the residential design guidelines in Appendix A is not a mandatory requirement of the zoning ordinance. The guidelines may, however, be imposed as conditions of approval, provided the applicable review process allows for conditions to be imposed. Their primary purpose is to serve as a guide during the review, including design review, of a proposed development. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
R-1 (and Substandard Parcels in R-2, R-3, and R-4 Districts)1 |
R-2 |
R-3 |
R-4 |
RMU |
17.34.010 Purpose.
The purpose of this chapter is to define allowable land uses and property development standards, including intensity of development, for the commercial zoning districts and to permit a variety of industrial activities, with a focus on encouraging employment opportunities and clean industry, consistent with the policy direction in the San Pablo general plan. The commercial districts are intended to provide services to residents, support mixed-use development, and attract retail expenditures from outside San Pablo, consistent with the policy direction in the general plan. The intent of each of the commercial and industrial zoning districts is described below. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.34.020 Intent of individual districts.
A. NC District. The NC neighborhood commercial district is intended to implement the commercial land use designation in the general plan by providing small-scale commercial uses that primarily provide convenience, personal services, and social services such as retail and specialty shops, eating and drinking establishments, and commercial recreation. The maximum permitted floor area ratio is 1.0.
B. CR District. The CR regional commercial district is intended to implement the commercial land use designation in the general plan by providing opportunities for uses, such as malls, major department stores, factory outlet stores, and home improvement stores, that serve a very large geographic area. The CR districts are to be located where there is adequate vehicular access to regional markets. Other types of commercial uses are also encouraged, provided they are compatible with the regional uses. The maximum permitted floor area ratio is 0.75 for office uses and 0.40 for non-office uses.
C. CMU District. The CMU commercial mixed-use district is intended to implement the commercial mixed-use land use designation in the general plan by providing opportunities for retail, commercial, office, residential, and public uses. While the predominant development use is commercial, the city encourages the vertical and/or horizontal integration of office, residential, and/or public uses that are compatible with the commercial development. In multiple-story buildings, retail uses should be predominant on the ground floor. The maximum permitted floor area ratio is 1.5. The maximum density allowable in the district is fifty dwelling units per acre.
D. IMU District. The IMU industrial mixed-use district is intended to implement the industrial mixed-use land use designation in the general plan by providing opportunities for light manufacturing, distribution, sales, and services with ancillary commercial and office space uses. Targeted uses include single- and multi-story office, flex-space, and industrial buildings for single and multiple users, warehousing, and research and development facilities. Retail uses are not permitted. The maximum permitted floor area ratio is 0.6. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.34.030 Uses allowed.
A. Matrix of Uses. Table 17.34-A contains the use regulations for the commercial zoning districts, listed by classes of uses as defined in Division VI, Glossary. The allowable uses in Table 17.34-A for each district are established by letter designations as follows:
1. “R” designates classes of uses permitted by right.
2. “A” designates classes of uses that require an administrative review pursuant to Section 17.18.020, Plan check/zoning clearance.
3. “U” designates classes of uses permitted with a use permit pursuant to Section 17.20.040, Conditional use permit.
4. “–” designates classes of uses that are prohibited.
5. Any class of use not listed in Table 17.34-A is prohibited.
6. The zoning administrator shall determine if a use is classified as an allowed use.
B. Exceptions along Railroad Lines and Streams. Notwithstanding the provisions of Table 17.34-A, the following provisions apply:
1. Any development, except industry—limited, industry—general, and salvage yards, within three hundred feet of a railroad line that is used at least once daily shall require a use permit to ensure that the development adequately mitigates noise and vibration from the rail operations, pursuant to the relevant policies and actions under the general plan.
2. Any development, including land disturbance, that is within fifty feet of any stream shall require a use permit to ensure that the development adequately avoids impacts to wetland features or woodlands, reduces impacts to the creek, and prevents degradation of riparian and wetland features from potential urban pollutants, pursuant to the relevant policies and actions related to creeks within the general plan.
C. Design Review. Certain uses also require design review. A list of those uses is contained in Section 17.18.090, Minor design review, and Section 17.20.030, Major design review.
D. Principal Uses Only. Only principal uses are listed in Table 17.34-A. Accessory uses are addressed in Section 17.34.070, Accessory uses.
E. Other Regulations. Some uses are also subject to the provisions of Title 5 and other titles of the San Pablo Municipal Code. Those provisions are in addition to the provisions in this chapter.
F. Special Provisions. Special provisions related to a use are referenced in the special provisions column of Table 17.34-A.
Land Use/Zoning District | NC | CR | CMU | IMU | Special Provisions |
|---|---|---|---|---|---|
Residential Uses | |||||
Accessory Dwelling Units | R | R | R | R | Section 17.60.070 |
Assisted Living Facilities | – | U | U | – |
|
Boarding Houses | – | – | U | – |
|
Community Care Facilities (7+) | U | U | U | – |
|
Day Care, Large Family1 | U | U | R | – |
|
Day Care, Small Family | – | – | R | – |
|
Dwellings, Multiple-Family2 | U | R | R | U |
|
Dwellings, Single-Family Attached2 | – | – | R | – |
|
Dwellings, Single-Family Detached2 | – | – | R | – | Section 17.32.050 |
Dwellings, Two-Family (Duplexes)2 | – | – | R | – | Section 17.32.050 |
Emergency Shelter | – | U | – | – | Section 17.60.080 |
Home Occupations | – | – | – | – | Section 17.60.030 |
Incidental/Caretaker Residences | U | U | U | U |
|
Live-Work Facility | – | – | U | U | Section 17.60.040 |
Mobile Home Parks | – | U | – | U | Section 17.60.050 |
Residential Care Facilities (≤6) | – | – | R | – |
|
Single-Room Occupancy | – | U | – | – | Section 17.60.090 |
Supportive Housing | – | – | – | – |
|
Transitional Housing | – | – | – | – |
|
Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses | |||||
Cemeteries | – | – | – | – |
|
Community and Religious Assembly | U | U | U | U |
|
Community Facilities | U | U | U | U |
|
Community Gardens | A | A | A | – |
|
Day Care Centers | U | U | U | – |
|
Hospitals and Clinics | U | U | U | – |
|
Medical and Dental Offices | R | R | R | A |
|
Public Services | R | R | R | R |
|
Recreation, Amusements | U | U | R | U |
|
Recreation, Indoor | R | R | R | R |
|
Recreation, Major Arcades | U | U | U | U | Section 17.62.030 |
Recreation, Minor Arcades | R | R | R | R | Section 17.62.030 |
Recreation, Outdoor Passive | R | R | – | R |
|
Recreation, Parks and Playgrounds | R | R | R | R |
|
Religious Institutions | U | U | U | U |
|
Schools, Private | U | U | U | – |
|
Schools, Public | U | U | U | – |
|
Schools, Vocational Schools | U | U | U | U |
|
Utility, Transportation, Public Facility, and Communication Uses | |||||
Wireless Facilities | – | – | – | – | |
Utilities, Major | U | U | U | U |
|
Utilities, Minor | A | R | R | R |
|
Retail, Service, and Office Uses | |||||
Adult-Oriented Businesses | – | U | – | – | Section 17.62.010 |
Alcoholic Beverage Sales | U | U | U | U | Section 17.62.020 |
Animal Boarding | U | R | U | R | Section 17.60.010 |
Animal Care | A | R | A | R | Section 17.60.010 |
Artist Studios | R | R | R | R |
|
Banks and Financial Institutions, Credit Unions | R | R | R | R |
|
Bed and Breakfast | – | – | R | – |
|
Building Materials—Indoor Sales | U | U | – | R |
|
Business and Professional Services | R | R | R | R |
|
Cannabis, Commercial Facilities and Activities | – | – | – | – | Section 17.62.130 |
Cannabis, Delivery | – | – | – | – | Section 17.62.130 |
Cannabis, Limited Personal Cultivation | P | P | P | P | Section 17.62.130 |
Cannabis, Outdoor Cultivation | – | – | – | – | Section 17.62.130 |
Check Cashing Businesses | U | U | U | – | Section 17.62.050 |
Commissaries | – | U | – | U |
|
Dance and Fitness Studios | A | A | A | A |
|
Escort Services | – | – | – | – | Section 17.62.120 |
Farmers Markets | U | A | A | U |
|
Food and Beverage Sales, Catering Services | A | R | A | A |
|
Food and Beverage Sales, Convenience3 | A | R | U | U |
|
Food and Beverage Sales, General | R | R | R | R |
|
Funeral and Interment Services | U | – | R | R |
|
Health and Exercise Clubs | A | R | R | R |
|
Healthy Food Stores | R | R | R | R | Section 17.62.090 |
Live Entertainment | U | U | U | U |
|
Lodging, Hotels and Motels | – | R | A | U |
|
Massage Establishments | U | U | U | – | Section 17.62.120 |
Medical Cannabis Facility | – | – | – | – | Section 17.62.130 |
Mobile Vending3 | – | – | U | U | Section 17.62.140 |
Nightclubs and Bars | U | U | U | U |
|
Nurseries | U | R | R | R |
|
Offices | R | R | R | R |
|
Pawnshops or Pawnbrokers | U | U | U | U | Section 17.62.150 |
Personal Services | R | R | R | R |
|
Repair Services, General | – | – | – | R |
|
Repair Services, Limited | U | R | U | R |
|
Restaurants, Coffee Shops/Cafes | R | R | R | R |
|
Restaurants, Fast Service | U | U | U | U | Section 17.62.160 |
Restaurants, Full Service | R | R | R | R |
|
Restaurants, General | R | R | R | R |
|
Restaurants, Outdoor Dining | A | A | A | A |
|
Retail Sales, General | R | R | R | R |
|
Retail Sales, Local | R | R | R | R |
|
Retail Sales, Outdoor | U | U | U | R | Chapter 17.52 |
Retail Sales, Regional4 | – | R | R | R |
|
Secondhand Dealers | A | A | A | A | Section 17.62.170 |
Smoke Shops | U | U | U | U | Section 17.62.180 |
Specialty Food Retail | R | R | R | R |
|
Specialty Goods Retail | R | R | R | R |
|
Tattoo Parlors | U | U | U | U | Section 17.62.190 |
Wholesaling | – | U | – | R |
|
Automobile and Vehicle Uses | |||||
Automotive, Major Repair | – | U | – | R | Section 17.62.040 |
Automotive, Minor Repair | U | U | U | R | Section 17.62.040 |
Automotive, New Car Sales | – | R | – | R |
|
Automotive, Parts Sales | R | R | R | R | Section 17.52.040, Outdoor storage |
Automotive, Gas Stations | U | R | – | R |
|
Automotive, Used Car Sales | – | – | – | R |
|
Automotive, Washing | U | A | – | R |
|
Boat and RV Sales | U | R | – | R |
|
Taxicab Companies | – | – | – | U |
|
Truck Repair and Sales | – | – | – | R | Chapter 17.52 |
Industrial, Manufacturing, and Processing Uses | |||||
Building Materials Yard | – | U | – | R | Chapter 17.52 |
Industry, General | – | – | – | R |
|
Industry, Limited | – | – | – | R |
|
Junkyards | – | – | – | – | Section 17.62.110 |
Maintenance Yards | – | – | – | R | Chapter 17.52 |
Recycling Services, Consumer | – | – | – | A | Section 17.58.020 |
Recycling Services, Donation/Collection Boxes | U | U | U | U | Section 17.58.030 |
Recycling Services, General | – | – | – | A | Section 17.52.030 |
Research and Development | – | U | U | R |
|
Storage, Personal | – | U | – | R |
|
Warehousing and Storage, Enclosed | – | – | – | R |
|
Warehousing and Storage, Outdoors | – | – | – | U | Chapter 17.52 |
Notes:
1. A use permit is required if located in other than a single-family dwelling.
2. In all cases, supportive housing and transitional housing are and shall be treated as residential uses, subject only to the permitting requirements that apply to residential uses of the same housing type location in the same zone.
3. Food truck festivals require a temporary use permit.
4. Home improvement centers may be approved under retail sales, regional.
(Ord. 2020-011 § 5, 2020; Ord. 2020-002 § 8, 2020; Ord. 2017-005 § 3, 2017; Ord. 2017-003 § 3, 2017; Ord. 2016-001 § 3, 2016: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.34.040 Development standards.
A. General. Table 17.34-B establishes property development standards for commercial districts. Standards shown in the table are subject to the rules of measurement set forth in Chapter 17.46, Height and Yard Requirements.
| NC | CR | CMU2 | IMU |
|---|---|---|---|---|
Minimum parcel area (sf) | 2,000 | 10,000 | 5,000 | No minimum |
Maximum building height (feet) | 30 | 50 | 50 | 65 |
Minimum floor area ratio (FAR) | 0.3 | 0.3 | 0.5 | – |
Maximum floor area ratio (FAR) | – | – | – | – |
Office | 1.0 | 0.75 | 1.5 | 0.6 |
Non-office | 1.0 | 0.5 | 1.5 | 0.6 |
Maximum density (du/ac) | – | – | 501 | – |
Minimum setbacks (feet) | See Section 17.34.040(B) | |||
Notes:
No side yard setback is required except where the side of a parcel abuts the side of a parcel in a residential district or a parcel on which a conforming residential use is located, in which case the side yard shall be not less than ten feet.
No rear yard setback is required except where the rear of a parcel abuts a residential district or on a parcel on which a residential use is located, in which case the rear yard shall not be less than ten feet.
1Residential uses are only allowed when the commercial FAR is 0.5 or greater.
2For properties within SP1 and SP2 please refer to each specific plan for development and other design standards.
B. Setbacks. The following setbacks are required:
1. No front yard setback is required.
2. No side yard setback is required except where the side of a parcel abuts the side of a parcel in a residential district or a parcel on which a conforming residential use is located, in which case the side yard shall be not less than ten feet.
3. No rear yard setback is required except where the rear of a parcel abuts a residential district or a parcel on which a residential use is located, in which case the rear yard shall not be less than ten feet.
C. Stormwater Management. For rules on stormwater management, see Chapter 8.40. (Ord. 2020-002 § 9, 2020: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.34.050 Residential uses.
Notwithstanding any other provision of this title, the following provisions apply to residential uses allowed pursuant to the planned development procedure:
A. Density. Residential dwelling units in a commercial district shall not exceed one dwelling unit per two thousand five hundred square feet of parcel size unless otherwise permitted in a specific plan.
B. Development Standards. Residential dwelling units in a commercial district shall comply with the development standards set forth in Chapter 17.32, Residential Districts, Allowed Uses, and Development Standards, or in Section 17.34.040, Development standards, whichever are more restrictive.
C. In Combination with Other Uses. If residential dwelling units are combined within one building or project site with nonresidential uses allowed by Section 17.34.030, Uses allowed, the following provisions shall apply:
1. The residential and nonresidential uses shall be determined to be compatible.
2. The nonresidential uses shall be at ground level along the street frontage(s).
3. The number of dwelling units shall not exceed one dwelling unit per two thousand square feet of parcel size.
4. The floor area ratio of a mixed-use residential and nonresidential building shall not exceed 0.75. The building shall comply with the height and setback requirements of this chapter. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.34.060 Noncommercial uses.
A. Presumption Against. In the event of an application for a use permit for a project involving a noncommercial use located in a commercial district, the general welfare of the city requires that the application be denied unless the planning commission finds that the particular use will not be detrimental to the long-term economic vitality of the commercial district and/or to neighboring commercial uses.
B. Findings. In addition to any other finding which may lawfully be required for a use permit, the planning commission and/or city council shall make the following findings before approving a use permit subject to this section:
1. The proposed use will not adversely impact the city’s existing supply of land, structures, or sites that are particularly suitable for future commercial development.
2. The requested use at the location proposed will not be materially detrimental to existing or future commercial uses in the same general area.
3. The proposed use will not encourage marginal commercial development in the same general area.
4. The proposed use is substantially compatible with existing and likely future commercial developments in the same general area. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.34.070 Accessory uses.
Accessory uses normally incidental to the type of principal use located on the parcel are allowed. In case of dispute, the zoning administrator shall determine if a use is an accessory or a principal use.
A. Massage establishments are allowed when subordinate to or part of a principal use in the same facility and serving a use incidental to such principal use only in dance and fitness studios, a nail salon, as a service ancillary thereto when provided by a massage therapist with a valid permit under Chapter 5.36. Accessory uses shall comply with the requirements set forth in Chapter 17.42, Accessory Structures.
B. In no instance shall advertising, signs, or any other display relating to the availability of massage services be visible from the exterior of the building. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.34.080 Commercial design guidelines.
The commercial design guidelines in Appendix B are not a mandatory part of the zoning ordinance. The guidelines may, however, be imposed as conditions of approval, provided the applicable approval process allows for conditions to be imposed. Their primary purpose is to serve as a guide during the review, including design review, of a proposed development. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.34.090 Neighborhood commercial centers.
Neighborhood commercial centers are encouraged by the general plan at particular locations near primary street intersections in all overlay districts, except the Giant Trade Center Business Park district. Neighborhood centers are intended to meet the daily needs of the immediate population, including but not limited to housing, grocery and convenience stores, salons, offices, food and beverage sales, drugstores, dry cleaners, banks, community and cultural facilities, and recreation. Development incentives for the creation of mixed-use neighborhood commercial centers are contained in Section 17.34.100, FAR development incentives. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.34.100 FAR development incentives.
A. FAR Increase. Properties within commercial districts or commercial projects, regardless of location, may be developed at a FAR of up to 0.75, if one or more of the following conditions are met:
1. The project provides public amenities and facility improvements such as open space and multiple (mixed) uses which serve to distinguish the development area as unique, consistent with the general plan;
2. The project incorporates feasible shared parking with adjacent or nearby development; or
3. The project consolidates parcels to facilitate efficient development, parking, access, and landscaping.
B. Use Permit Required. Any increase in FAR pursuant to subsection A of this section must be approved by a use permit. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.34.110 Mixed-use design guidelines.
The mixed-use design guidelines in Appendix D are not a mandatory part of the zoning ordinance. The guidelines may, however, be imposed as conditions of approval, provided the applicable approval process allows for conditions to be imposed. These guidelines are intended to encourage higher-quality, complementary mixed uses, unique design features, and pedestrian amenities, consistent with the general plan. They are designed to be used in conjunction with the design guidelines for residential, commercial, and industrial development. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.34.120 Industrial design guidelines.
The industrial design guidelines in Appendix C are not a mandatory part of the zoning ordinance. The guidelines may, however, be imposed as conditions of approval, provided the applicable approval process allows for conditions to be imposed. Their primary purpose is to serve as a guide during the review, including design review, of a proposed development. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
NC |
CR |
CMU2 |
IMU |
17.36.010 Purpose.
The purpose of this chapter is to provide locations for uses that support civic, cultural, health, educational, infrastructure, and open space uses for the community, consistent with the policy direction in the San Pablo general plan. The intent of each of the public and semi-public zoning districts is described below. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.36.020 Intent of individual districts.
A. I District. The I institutional district is intended to implement the public/semi-public land use designation in the general plan by providing for uses such as parks, government administrative offices, schools and school playgrounds, hospitals, convalescent homes, fire stations, public utility stations, post offices, and various types of state and federal facilities. In some situations, other types of complementary uses are allowed with a use permit.
B. OS District. The OS open space district is intended to implement the open space land use designation in the general plan by providing for non-recreational open space, active recreational open space, creeks, and passive recreational open space. This district is to be applied to lands owned by a public agency. In some situations, other types of complementary uses are allowed with a use permit. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.36.030 Uses allowed.
A. Matrix of Uses. Table 17.36-A contains the use regulations for the public/semi-public zoning districts, listed by classes of uses as defined in Division VI, Glossary. The allowable uses in Table 17.36-A for each district are established by letter designations as follows:
1. “R” designates classes of uses permitted by right.
2. “A” designates classes of uses that require an administrative review pursuant to Section 17.18.020, Plan check/zoning clearance.
3. “U” designates classes of uses permitted with a use permit pursuant to Section 17.20.040, Conditional use permit.
4. “–” designates classes of uses that are prohibited.
5. Any class of use not listed in Table 17.36-A is prohibited.
B. Exceptions along Railroad Lines and Streams. Notwithstanding the provisions of Table 17.36-A, the following provisions apply:
1. Any development within three hundred feet of a railroad line that is used at least once daily shall require a use permit to ensure that the development adequately mitigates noise and vibration from the rail operations, pursuant to the relevant policies and actions under Goal PS 4 of the general plan.
2. Any development, including land disturbance, that is within fifty feet of any stream shall require a use permit to ensure that the development adequately avoids impacts to wetland features or woodlands, reduces impacts to the creek, and prevents degradation of riparian and wetland features from potential urban pollutants, pursuant to the relevant policies and actions related to creeks under Goal ER 1 of the general plan.
C. Design Review. Certain uses also require design review. A list of those uses is contained in Section 17.18.090, Minor design review, and Section 17.20.030, Major design review.
D. Principal Uses Only. Only principal uses are listed in Table 17.36-A. Accessory uses are addressed in Section 17.36.050, Accessory uses.
E. Other Regulations. Some uses are also subject to the provisions of Title 5 and other titles of the San Pablo Municipal Code. Those provisions are in addition to the provisions in this chapter.
F. Special Provisions. Special provisions related to a use are referenced in the special provisions column of Table 17.36-A.
Land Use/Zoning District | I | OS | Special Provisions |
|---|---|---|---|
Residential Uses | |||
Accessory Dwelling Unit | – | – | Section 17.60.070 |
Assisted Living Facilities | – | – |
|
Boarding Houses | U | – |
|
Community Care Facilities | U | – |
|
Day Care, Small Family | – | – |
|
Day Care, Large Family | – | – |
|
Dwellings, Multiple-Family | – | – |
|
Dwellings, Single-Family Attached | – | – | Section 17.32.040 |
Dwellings, Single-Family Detached | – | – | Section 17.32.040 |
Dwellings, Two-Family (Duplexes) | – | – | Section 17.32.040 |
Home Occupations | – | – | Section 17.60.030 |
Incidental Residences | U | U |
|
Live-Work Facility | – | – | Section 17.60.040 |
Mobile Home Parks | – | – | Section 17.60.060 |
Residential Care Facilities | U | – |
|
Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses | |||
Cemeteries | U | U |
|
Community Facilities | U | – |
|
Community Gardens | A | A |
|
Day Care Centers | U | – |
|
Hospitals and Clinics | U | – |
|
Public Services | A | – |
|
Recreation, Amusements | – | – |
|
Recreation, Indoor | U | – |
|
Recreation, Major Arcades | – | – |
|
Recreation, Minor Arcades | – | – |
|
Recreation, Outdoor Passive | U | R |
|
Recreation, Parks and Playgrounds | U | R |
|
Religious Institutions | U | – |
|
Schools, Private | U | – |
|
Schools, Public | U | – |
|
Utility, Transportation, Public Facility, and Communication Uses | |||
Wireless Facilities | – | – | |
Utilities, Major | U | U |
|
Utilities, Minor | R | U |
|
Retail, Service, and Office Uses | |||
Adult-Oriented Businesses | – | – | Section 17.62.010 |
Alcoholic Beverage Sales | – | – | Section 17.62.020 |
Animal Boarding | – | – |
|
Animal Care | – | – |
|
Bed and Breakfast | – | – |
|
Business and Professional Services | – | – |
|
Cannabis, Commercial Facilities and Activities | – | – | Section 17.62.130 |
Cannabis, Delivery | – | – | Section 17.62.130 |
Cannabis, Limited Personal Cultivation | – | – | Section 17.62.130 |
Cannabis, Outdoor Cultivation | – | – | Section 17.62.130 |
Check Cashing Businesses | – | – | Section 17.62.050 |
Dance and Fitness Studios | – | – |
|
Escort Services | – | – | Section 17.62.120 |
Farmers Markets | A | A |
|
Food and Beverage Sales, Convenience | – | – |
|
Food and Beverage Sales, General | – | – |
|
Funeral and Interment Services | U | – |
|
Health Food Stores | – | – | Section 17.62.090 |
Hotels and Motels | – | – |
|
Massage Establishments | – | – | Section 17.62.120 |
Medical Cannabis Facility | – | – | Section 17.62.130 |
Mobile Vending | – | – | Section 17.62.140 |
Nurseries | – | – |
|
Offices | – | – |
|
Personal Services | – | – |
|
Repair Services, General | – | – |
|
Repair Services, Limited | – | – |
|
Restaurants, Fast Service | – | – | Section 17.62.160 |
Restaurants, Full Service | – | – |
|
Retail Sales, General | – | – |
|
Retail Sales, Local | – | – |
|
Retail Sales, Outdoor | – | – |
|
Retail Sales, Regional | – | – |
|
Secondhand Dealers | – | – | Section 17.62.170 |
Smoke Shops | – | – | Section 17.62.180 |
Tattoo Parlors | – | – | Section 17.62.190 |
Wholesaling | – | – |
|
Automobile and Vehicle Uses | |||
Automotive, General Repair | – | – | Section 17.62.040 |
Automotive, Limited Repair | – | – | Section 17.62.040 |
Automotive, New Car Sales | – | – |
|
Automotive, Parking | – | – |
|
Automotive, Parts Sales | – | – |
|
Automotive, Service Stations | – | – |
|
Automotive, Used Car Sales | – | – |
|
Automotive, Washing | – | – |
|
Boat and RV Sales | – | – |
|
Taxicab Companies | – | – |
|
Truck Repair and Sales | – | – |
|
Industrial, Manufacturing, and Processing Uses | |||
Building Materials | – | – |
|
Industry, General | – | – |
|
Industry, Limited | – | – |
|
Junkyards | – | – | Section 17.62.110 |
Maintenance Yards | – | – |
|
Recycling Services, Consumer | U | – |
|
Recycling Services, Donation/Collection Boxes | U | – |
|
Recycling Services, General | U | – |
|
Research and Development | U | – |
|
Storage, Personal | U | – |
|
Warehousing and Storage, Enclosed | U | – |
|
Warehousing and Storage, Outdoors | – | – |
|
(Ord. 2020-002 § 10, 2020; Ord. 2017-005 § 4, 2017; Ord. 2017-003 § 4, 2017; Ord. 2016-001 § 4, 2016: Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.36.040 Development standards.
A. General. No minimum parcel area is required.
B. Height. The maximum building height is twenty-seven feet; provided, that a greater height may be allowed pursuant to a use permit.
C. Floor Area Ratio. A maximum floor area ratio is not applicable.
D. Setbacks. The following setbacks are required:
1. No front yard setback is required except where the frontage in a block is partially in a residential district, in which case the front yard shall be the same as the residential district.
2. No side yard setback is required except where the side of a parcel abuts the side of a parcel in a residential district or a parcel on which a residential use is located, in which case the side yard shall be not less than ten feet.
3. No rear yard setback is required except where the rear of a parcel abuts a residential district or a parcel on which a residential use is located, in which case the rear yard shall not be less than ten feet.
E. Stormwater Management. For rules on stormwater management, see Chapter 8.40. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.36.050 Accessory uses.
Accessory uses normally incidental to the type of principal use located on the parcel are allowed. In case of dispute, the zoning administrator shall determine if a use is an accessory or a principal use. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.38.010 Purpose.
A. Overlay Districts. The overlay districts are created to supplement the development standards of underlying districts to protect unique site features or implement location-specific regulations. The city has five overlay zoning districts as follows:
1. Hillside area overlay district (D1).
2. Priority development area (PDA) overlay district (D2).
3. Air quality health risk overlay district (D3).
4. Multifamily overlay district (MF).
5. Creek protection overlay district (CP).
B. Special Districts. The special districts are created to identify adopted area plans, including but not limited to specific plans. The city has adopted two specific plans as follows:
1. 23rd Street Specific Plan (SP1).
2. San Pablo Avenue Specific Plan (SP2). (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.38.020 Effect of overlay and special districts.
A. Overlay Districts. The overlay districts supplement the provisions of the underlying districts. Where the provisions of the overlay district conflict with the provisions of the underlying zoning district, the provisions of the overlay district shall prevail.
B. Special Districts. The specific plan district serves to replaces the zoning provisions for the property within the district boundaries. As such, land use designations, allowed uses and development standards within the specific plan shall be consistent with the adopted provisions in the specific plan. Where the specific plan document refers to citywide procedures or standards, the citywide procedures or standards shall apply. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.38.030 Hillside area overlay district (D1).
The following provisions apply to the hillside area district (D1):
A. Modifications to Underlying Districts.
1. All structures that are more than one story in height shall require zoning administrator review in order to protect public safety in this generally unstable geologic area.
2. Other than as provided in subsection (A)(1) of this section, the uses and development standards of the underlying districts shall apply.
B. Findings. The following findings shall be made prior to granting approval or any other discretionary approval:
1. A geotechnical report will be prepared to identity any particular geotechnical requirements or construction practices to protect the general public.
2. The project is consistent with general plan and zoning standards.
3. Design shall minimize grading, protect native trees, prevent significant alteration of natural hillside, and ensure revegetation.
4. Fire protection shall be required and integrated in terms of water supply, fire access, and spacing around structures, and landscape. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.38.040 Priority development area (PDA) overlay district (D2).
A. Purpose and Intent. The purpose and intent of the PDA overlay district is to promote and provide for higher density and pedestrian oriented uses as part of, or in proximity to, transit stations in line with Plan Bay Area’s Sustainable Community Strategy. These areas are suitable for redevelopment to increase employment and housing at appropriate locations due to planned transit, pedestrian and bicycle design, and parking reduction and management strategies. All components required in regional PDA designations apply.
B. Applicability. Priority Development Area (PDA) districts have been designated and adopted by city resolutions (2011-131, 2011-132, 2014-133), and are identified as Rumrill Road, 23rd Street Specific Plan and San Pablo Avenue Specific Plan.
1. Priority Development Area (PDA) Designation. The PDA overlay zoning district (D2) shall be applied to properties that are located within one-quarter mile of an existing or planned light rail/streetcar station or bus rapid transit station. In determining the extent of the applicability, a circle of one-quarter mile in radius shall be drawn from a central point at the designated station location (e.g., station platform).
C. Development Standards. The following development standards (see Table 17.38-A) are applicable to the PDA overlay district. These standards, along with other development standards (e.g., landscaping requirements, parking standards) in this title and citywide design guidelines, are intended to assist property owners and project designers in understanding the city’s minimum requirements and expectations for high-quality development. Where site development standards listed herein are in conflict with the site development standards in other chapters of this code or the underlying base zoning district, these standards shall apply. The designated approving authority will review development applications against these standards to determine compliance with applicable zoning regulations.
Density, min (du/ac)1 | 20.0 |
Density, max (du/ac)1 | 60.0 |
Floor area ratio (FAR), min2 | 0.5 |
Floor area ratio (FAR), max2 | 2.5 |
Height, max | 60' |
Notes:
1. The minimum and maximum density standards are only applicable to mixed-use and integrated developments that include residential uses. Residential projects shall include a minimum of four units.
2. Includes residential uses and square footage. See Division VI for definition of floor area ratio (FAR).
(Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.38.050 Air quality health risk overlay district (D3).
A. Purpose. The purpose of the air quality health risk overlay district (D3) is to protect sensitive receptors from toxic air emissions, consistent with Bay Area Air Quality Management District guidelines, along the Interstate 80 corridor.
B. Standards. The following standards apply:
1. Location. The zone extends five hundred feet from Interstate 80 on both sides of the freeway.
2. Restricted Uses. The following uses shall not be located in the district: residential development, parks and other open spaces, schools, child care facilities, senior centers, hospitals, and medical facilities.
3. Mitigation Measures. The City will require new development to provide project-level mitigation measures to reduce vulnerability to toxic air emissions from the freeway. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.38.060 Multifamily overlay district (MF).
A. Purpose. The purpose of the multifamily overlay district is to recognize and protect existing multifamily development located on parcel(s) with an underlying zoning district that no longer allows multifamily development. Parcel(s) with this overlay designation are recognized as multifamily in the city’s general plan land use and housing elements and contribute to the city’s ability to meet regional housing needs.
B. Designation. Multifamily overlay districts shall be delineated on the zoning map with the symbol (MF) in conjunction with the underlying base zoning district.
C. Allowed Uses. Allowed uses applicable to this overlay district include multifamily use, in addition to the allowed uses of the underlying zoning district.
D. Development Standards. Existing multifamily development may be renovated or improved consistent with existing building envelopes. Any request to expand or rebuild an existing multifamily development in this overlay district shall be consistent with the development standards for the city’s higher density residential zoning districts (R-3 and R-4), dependent upon corresponding density range. Maintenance, renovations, improvements and expansion shall be consistent with Chapter 17.08, Nonconformities. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.38.070 Creek protection overlay district (CP).
A. Purpose. Creeks play an important role in groundwater recharge, surface water distribution, and flood management. As such, creeks are an important value to be protected.
B. Designation. Creek protection overlay districts shall be delineated on the zoning map with the symbol (CP) in conjunction with the underlying base zoning district
C. Standards. The following standards apply:
1. No structure shall be placed in any floodway.
2. Any structure in a floodplain shall have its finished floor at or above the one-hundred-foot floodline.
D. Recommended Setbacks. Additional recommended setbacks are in the general plan stormwater policies and related exhibit. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.38.080 Specific plan districts (SP#).
A. Purpose. The purpose of the specific plan zoning district is to designate unique planning areas within the city for which the city council has adopted or requires adoption of a separate planning document (a specific plan) consistent with the general plan and state law. The contents, requirements, and adoption and amendment procedures for specific plans are listed in Section 17.22.030, Specific plan.
B. Designation. Specific plan zoning districts shall be delineated on the zoning map in a manner similar to that of any other zoning district except that each specific plan-zoned area shall also bear a name, number, symbol, or other delineation, as determined by the zoning administrator, which distinguishes it from other specific plan zoning districts, base zoning districts, or overlay zoning districts. The assignment of the specific plan zoning district serves to provide a reference to the corresponding specific plan zoning document adopted by ordinance of the city council. Adopted specific plans are as follows:
1. 23rd Street Specific Plan (SP1).
2. San Pablo Avenue Specific Plan (SP2)
C. Allowed Uses. Allowed uses within the specific plan area are those listed uses in the adopted specific plan document as permitted, conditionally permitted, or not permitted.
D. Development Standards. Development standards within the specific plan area are those standards listed in the adopted specific plan. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)
17.38.090 Designated housing element sites overlay district (HE).
A. Purpose. The purpose of the designated housing element sites (HE) overlay district is to establish the maximum density requirements and ministerial review rights for certain properties that are designated for lower-income housing pursuant to California Housing Law as part of the city’s housing element, consistent with Government Code Sections 65583.2(h) and (i).
B. Designation of HE Overlay Sites. The HE overlay is applied to the following parcels that have been identified in the 2008-2015, 2015-2023, and/or 2023-2031 Housing Elements as potential sites for lower-income housing:
1. 2405 Church Lane (APN 411-340-026).
2. 14560 San Pablo Avenue (APN 416-170-005).
3. Unaddressed landlocked parcel behind 3436 San Pablo Dam Road (APN 420-130-020).
4. 3436 San Pablo Dam Road (APN 420-130-024).
5. 3440 San Pablo Dam Road (APN 420-130-025).
C. Allowed Uses.
1. Permitted Uses. Permitted uses on HE overlay sites are as indicated in table of use for the underlying zones of the properties (Table 2-2 of the San Pablo Avenue Specific Plan for the SP-2 properties and Table 17.32.A of the zoning ordinance for the remaining properties).
2. By-Right Approval for Lower-Income Residential Projects. Development projects on properties in the HE overlay which provide twenty percent or more of the units affordable to lower-income households shall only be subject to minor design review under Section 17.18.090. The zoning administrator shall approve a minor design review permit upon making a finding that the project complies with all applicable objective provisions of the zoning ordinance, municipal code, general plan, and any applicable specific plans or city regulations/standards. No other findings required by Section 17.18.090 or any discretionary approvals, including a conditional use permit, shall be required.
D. Development Standards.
1. The development standards for the properties in the HE overlay are the same as those required for the underlying zoning designation (i.e., those development standards set forth in Table 4-1, Development Standards by Land Use in the San Pablo Avenue Specific Plan for the properties with an underlying SP-2 designation, and those development standards set forth in Division IV of this title for the properties that are not within the SP-2 district).
2. In no case shall the development standards, including those for height or lot coverage, allow for less than thirty dwelling units per acre on the properties designated HE overlay when proposed for housing development with twenty percent or more of the units affordable to lower-income households. (Ord. 2023-006 § 2, 2024)
17.40.010 Purpose.
The purpose of this chapter is to protect and enhance the water quality in the city of San Pablo’s watercourses through the implementation of the municipal regional stormwater permit (MRP), as issued by the California Regional Water Quality Control Board (RWQCB) for the San Francisco Bay region in order to comply with the National Pollutant Discharge Elimination System (NPDES) program under the Federal Clean Water Act. (Ord. 2020-002 § 11 (part), 2020)
17.40.020 Applicability.
The MRP is applicable in all areas of the city on all projects that meet or surpass the development thresholds identified in the most recent iteration of the MRP and detailed in the most recent edition of the Contra Costa Clean Water Program Stormwater C.3 Guidebook. All development within the city must comply with Chapter 8.40 (Stormwater Management and Discharge Control). (Ord. 2020-002 § 11 (part), 2020)
17.40.030 Green infrastructure plan.
The city of San Pablo green infrastructure (GI) plan was adopted in May 2019 by resolution of the city council, as required by the MRP 2.0 (RWQCB San Francisco Bay Region MRP Order No. R2-2015-0049, NPDES Permit No. CAS612008). Development of GI facilities within the city of San Pablo, either as a voluntary project feature or as required for projects regulated by Chapter 3 (New Development and Redevelopment) of the MRP, shall refer to the city’s GI plan for guidelines and specifications for GI facilities. (Ord. 2020-002 § 11 (part), 2020)
17.40.040 Green infrastructure zones.
A. City Feasibility Review Zone. The “city feasibility review” zones in the city of San Pablo GI plan identify areas within the city in which a city feasibility review is required for the development of GI facilities. Projects located in a city feasibility review zone that are regulated under Chapter 3 (C.3) of the MRP are not exempt from C.3 requirements. On-site compliance with C.3 requirements for projects located in a city feasibility review zone may be required by the city to incorporate special structural elements in order to address local geotechnical conditions and ensure integrity of GI construction. Approval by city engineer is required for on-site development of GI or for an off-site compliance alternative.
B. Geotechnically Sensitive Zone. The “geotechnically sensitive” zone identified in the city of San Pablo GI plan identifies areas within the city in which projects may be prohibited from installing on-site GI due to geotechnical concerns. Projects located in a geotechnically sensitive zone that are regulated under Chapter 3 (C.3) of the MRP are not exempt from C.3 requirements. On-site compliance with C.3 requirements for projects located in a geotechnically sensitive zone may be required by the city to incorporate special structural elements in order to address local geotechnical conditions and ensure integrity of GI construction. Approval by the city engineer is required for on-site development of GI or for an off-site compliance alternative. (Ord. 2020-002 § 11 (part), 2020)