(Ord. No. 534, § 1 (Exh. A-3), 10/14/2025)

1. Intent. It is the intent of this Chapter to provide special design guidelines, standards, and development regulations to regulate the time, place, and manner of the operation of Adult-Oriented Businesses in order to minimize the negative secondary effects associated with these business including, but not limited to, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of Adult-Oriented Businesses in close proximity to each other or proximity to other incompatible uses, including churches, parks, playgrounds, schools, and residential zones or uses. The Council finds that it has been demonstrated in various communities that the concentration of Adult-Oriented Businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere.  
2. Purpose. It is, therefore, the purpose of this Chapter to:
   1. Establish reasonable and uniform regulations to prevent the concentration of Adult-Oriented Businesses or their close proximity to incompatible uses, while allowing the location of Adult-Oriented Businesses in certain areas; and
   2. Regulate Adult-Oriented Businesses in order to promote the health, safety, and general welfare of the citizens of the City.
3. Not purpose, intent, or effect. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material.

Effective on: 1/1/1901

Definitions of the technical terms and phrases used in this Chapter are under "Adult Oriented Business" in Division D8 (Glossary).

Effective on: 1/1/1901

1. A.
   MC (Mixed Commercial) zone. Subject to the limitations set forth in this Chapter, Adult-Oriented Businesses may be established in the MC (Mixed Commercial) zone.
2. B.
   Specified distance separation requirements. Notwithstanding the above, no Adult-Oriented Business shall be established or located within certain distances of certain specified land uses or zones as set forth below. No Adult-Oriented Business shall be established or located:

   1. 1.
      Within a 500-foot radius from: any existing residential zone or use. The distance between a proposed Adult-Oriented Business use and a residential zone or use shall be measured from the nearest exterior wall of the facility housing the Adult-Oriented Business use or proposed Adult-Oriented Business use to the nearest property line included within a residential zone or property in current residential use, along a straight line extended between the two points; or
   2. 2.
      Within 1,000 feet of any other Adult-Oriented Business as defined in this Chapter which is located either inside or outside the jurisdiction of the City. The distance between the two Adult-Oriented Business uses shall be measured between the nearest exterior wall of the facility housing the Adult-Oriented Business use and proposed Adult-Oriented Business use along a straight line extended between the two points; or
   3. 3.
      Within a 500-foot radius from any existing park, playground, religious facility, or school use or property zoned Open Space (OS) Parks and Recreation (P), or Public and Semi-Public (PS). The distance between a proposed Adult-Oriented Business use and park, playground, religious facility or school uses or property zoned Open Space (OS), Parks and Recreation (P), or Public and Semi-Public (PS), shall be measured from the nearest exterior wall of the facility housing the Adult-Oriented Business use or proposed Adult-Oriented Business use to the nearest property line where the park, playground, church or school use is located, or property zoned Open Space (OS), Parks and Recreation (P), or Public and Semi-Public (PS) along a straight line extended between the two points.
3. C.
   Separation requirements also apply to the General Plan. The above distance limitations shall also apply to residential zones or uses and parks, playgrounds, schools, and religious uses or property so designated in the General Plan Land Use Element of an adjacent jurisdiction.

(Ord. No. 534, § 1 (Exh. A-3), 10/14/2025)

Effective on: 11/13/2025

1. Use Permit and Business License required. It shall be unlawful for any person to engage in, conduct, establish, carry on, or to permit to be engaged in, conducted, established, or carried on, in or upon any premises in the City, the operation of an Adult-Oriented Business unless the person first obtains and continues to maintain in full force and effect both an Use Permit and a Business License from the City.
2. Not allowed by right. No Adult-Oriented Business may be established within the City by right. All persons wishing to establish an Adult-Oriented Business within the City shall first apply for and receive a Use Permit in compliance with this Chapter.
3. Applicant to supply sufficient evidence. It is the burden of the applicant for an Use Permit to supply sufficient evidence to justify the grant of an Use Permit.

Effective on: 1/1/1901

1. Application submittal. A person desiring to operate or establish an Adult-Oriented Business within the City shall file with the Department a Use Permit application on a standard application form supplied by the Department.
2. Required information. All applications shall include the following information:
   1. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.
   2. If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names and current addresses of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.
   3. If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names, addresses, and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.
   4. The notarized signature of the property owner and proof of ownership via submittal of a Title Report.
   5. A non-refundable deposit or fee as set forth by the City’s Fee Schedule.
   6. Signed statement by the applicant verifying that applicant intends to and will comply with all of the adult-oriented business development standards of this Chapter.
   7. A description of the Adult-Oriented Business for which the permit is requested and the proposed address where the Adult-Oriented Business will operate, plus the names and addresses of all the owners and lessors of the Adult-Oriented Business site.
   8. The address to which notice of action on the application is to be mailed.
   9. The names of all employees, independent contractors, and other persons who will perform/work at the Adult-Oriented Business.
   10. A floor plan showing the interior configuration of the premises, including a statement of the total floor area occupied by the Adult-Oriented Business, and exterior premises lighting per D4-12.D. The floor plan need not be professionally prepared, but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
   11. A site plan prepared within 30 calendar days before application depicting the building and the portion thereof to be occupied by the Adult-Oriented Business, and:
       1. The property line of any residential zone or use within 1,000 feet of the nearest exterior wall of the Adult-Oriented Business;
       2. The property line of any other Adult-Oriented Business within 1,000 feet of the nearest exterior wall of the Adult-Oriented Business for which a Business Permit is requested; and
       3. the property lines of any church, school, park, or playground within 1,000 feet of the nearest exterior wall of the Adult-Oriented Business.
   12. A diagram of the off-street parking areas and premises entries of the Adult-Oriented Business showing the location of the lighting system required by this Chapter.
3. Signature of applicant required. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10 percent or greater interest in the business entity shall sign the application.
4. Fictitious name, if applicable. If the applicant intends to operate the Adult-Oriented Business under a name other than that of the applicant, the applicant shall file the fictitious name of the Adult-Oriented Business and show proof of registration of the fictitious name.
5. CEQA compliance. Each applicant for a Use Permit shall comply with the California Environmental Quality Act (CEQA) as required by the City.
6. Director’s determination of completeness. The Director shall determine whether the application contains all the information required by this Chapter. If it is determined that the application is not complete, the applicant shall be notified, in writing, within 30 days of the date of receipt of the application that the application is not complete and the reasons therefore, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30-day period shall render the application automatically void. Within 30 days following the receipt of an amended application or supplemental information, the Director shall again determine whether the application is complete in compliance with the procedures set forth in this Subsection. Evaluation and notification shall occur as provided above until the time the application is found to be complete. All notices required by this Chapter shall be deemed given upon the date that they are either deposited in the United States mail or the date upon which personal service of the notice is provided.
7. Other permits or licenses. The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a Use Permit.

Effective on: 1/1/1901

1. Appropriate investigation and inspection. Upon the filing of a completed application, the Commission shall cause to be made by its own members, or members of its staff, an appropriate investigation, including consultation with the building, police, fire and health departments and inspection of the premises as needed. Consultation is not grounds for the City to unilaterally delay in reviewing a completed application.
2. Public hearing within 45 days. Within 45 days of receipt of the completed application, the Commission shall hold a public hearing on the application for a Use Permit. Notice of the public hearing shall be given in compliance with California Government Code Section 65091, as the same may be amended from time to time.
3. Relevant evidence. In reaching a decision on an application for a Use Permit, the Commission shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
4. Commission’s decision within 60 days. The Commission shall grant, conditionally grant or deny an application for a Use Permit ("permit"). The Commission shall render a written decision on the application for a Use Permit within 60 days of receiving a completed application. The failure of the Commission to render a decision within this time frame shall be deemed to constitute a denial of the application. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zone in which the property is located.
5. Transmittal of decision to applicant. The Commission's decision shall be mailed to the applicant.

Effective on: 1/1/1901

1. Appeal of Commission’s decision. Any interested person may appeal the decision of the Commission to the Council in writing within 10 calendar days after the Commission's written decision. In addition, within 10 calendar days after the Commission's written decision, any member of the Council shall have the authority to direct that the Council review the decision of the Commission on the grounds that the individual council member believes that the matter should be decided by the Council.
2. De novo public hearing. Consideration of an appeal of the Commission's decision shall be at a de novo public hearing which shall be noticed in the same manner as the public hearing of the Commission and shall occur within 30 days of the filing of the appeal or initiation of review by the Council.
3. Council’s action on appeal. The Council action on the appeal of the Commission's decision shall be by a majority vote of the quorum, and upon the conclusion of the public hearing, the Council shall grant, conditionally grant, or deny the application. The Council's decision shall be final and conclusive.
4. Relevant evidence. In reaching its decision, the Council shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

Effective on: 1/1/1901

1. Court challenge. The time for court challenge to a decision by the Council to grant, deny, or revoke, a Use Permit is governed by California Code of Civil Procedure Section 1094.6.
2. Transmittal of decision to applicant. Notice of the Council's decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedure Section 1094.6.
3. Prompt judicial review. The Petitioner may seek prompt judicial review of the Council's action in compliance with California Code of Civil Procedure Section 1094.8.

Effective on: 1/1/1901

Any Use Permit approved in compliance with this Chapter shall become null and void unless the proposed use is established within 180 days of the date from the approval. As to facilities that are a reuse of existing facilities, the Use Permit shall become null and void unless the proposed use is established within 180 days from the date of approval, unless before the expiration date the permittee demonstrates to the satisfaction of the Commission that the applicant has a good faith intent to presently commence the proposed use. The extensions shall not exceed a total of two 180-day extensions.

Effective on: 1/1/1901

1. Required findings. The Commission, or Council appeal shall approve or conditionally approve an application for a Use Permit where the information submitted by the applicant substantiates all of the following findings:
   1. The applicant is over the age of 18 years;
   2. The required application fee has been paid;
   3. The proposed use complies with the development and design requirements of the underlying zone in which it is located and with the applicable development standards of this Chapter;
   4. The proposed site is not located within a 500-foot radius from any existing residential zone or use. The distance between a proposed Adult-Oriented Business use and a residential zone or use shall be measured from the nearest exterior wall of the facility housing the Adult-Oriented Business use or proposed Adult-Oriented Business use to the nearest property line included within a residential zone or property in current residential use, along a straight line extended between the two points;
   5. That the proposed site is not located within 1,000 feet of any other Adult-Oriented Business as defined in this Chapter which is located either inside or outside the jurisdiction of the City. The distance between the two Adult-Oriented Business uses shall be measured between the nearest exterior wall of the facility housing the Adult-Oriented Business use and proposed Adult-Oriented Business use along a straight line extended between the two points;
   6. The proposed site is not located within 500 feet from any existing park, playground, religious facility, or school uses or property zoned Open Space (OS) or Public Facilities (PF). The distance between a proposed Adult-Oriented Business use and park, playground, church, or school uses or property zoned Open Space (OS) or Public Facilities (PF), shall be measured from the nearest exterior wall of the facility housing the Adult-Oriented Business use or proposed Adult-Oriented Business use to the nearest property line where the park, playground, church, or school use or property zoned Open Space (OS) or Public Facilities (PF) is located, along a straight line extended between the two points;
   7. The proposed site is not located within 500 feet of a residential zone or use or within 500 feet of a park, playground, church, or school use located in or property so designated in the General Plan Land Use Element of an adjacent jurisdiction; and
   8. Neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contendere (no contest) within the past four years of a misdemeanor or a felony classified by the State as a sex or sex-related offense.
2. Conditions imposed on the permit. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zone in which the property is located.

Effective on: 1/1/1901

1. Employee registration required. As a further condition of approval of every Use Permit issued in compliance with this Chapter, every owner or operator of an Adult-Oriented Business shall register every employee with the Police Department within five business days of the commencement of the employee's period of employment at the Adult-Oriented Business.
2. Color photographs and other information required. Each Employee shall be required to provide two recent color passport-quality photographs and, at the discretion of the Police Chief, shall allow himself or herself to be fingerprinted and subject to a background check by the Police Department for purposes of identification. In addition, each new employee shall provide the following information in a form provided by the Police Department:
   1. Name, current resident address, and telephone number;
   2. Date of birth;
   3. Social Security number;
   4. Height, weight, color of eyes and hair; and
   5. Stage name, if applicable, and other aliases used within the previous two years.
3. Current employee register required. Each owner or operator of an Adult-Oriented Business shall maintain a current register of the names of all employees currently employed by the Adult-Oriented Business, and shall disclose the registration for inspection by any Police Officer for the purposes of determining compliance with the requirements of this Section.
4. Failure to comply. Failure to register each new employee within five days of the commencement of employment, or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the Use Permit and may be considered grounds for suspension or revocation of the permit in compliance with Section D4-16 (Permit Revocation).

Effective on: 1/1/1901

1. Unlawful hours of operation. It shall be unlawful for any operator or employee of an Adult-Oriented Business to allow the adult business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 10:00 p.m. and 10:00 a.m. of any day.
2. Compliance with building and fire regulations. Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed, and provided in compliance with the Fire District and building regulations and standards adopted by the City.
3. Observation of activities or materials outside prohibited. No Adult-Oriented Business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of the establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
4. Outdoor lighting level required. All off-street parking areas and other exterior areas of the Adult-Oriented Business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light evenly distributed at ground level. The required lighting level is established in order to provide sufficient illumination of the parking areas, walkways, and outdoor areas serving the Adult-Oriented Business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises; a photometrics plan shall be submitted with the application.
5. All areas shall be readily accessible. The operator of an Adult-Oriented Business shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement official.
6. Posting of California Penal Code Section 314 required. The Adult Oriented Business shall post in plain view inside the front portion of the business, a sign, in two-inch print which shall reference California Penal Code Section 314 which shall read as follows:
   1. Every person who willfully and lewdly either: (1) exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or (2) procures, counsels, or assists any person so as to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view or the view of any number of persons, which is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor.
   2. Upon the second and each subsequent conviction under Subparagraph 1., above, or upon a first conviction under Subparagraph 1., above after a previous conviction under California Penal Code Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in State prison. (California Penal Code Section 314.)
7. Open to view by management. All indoor areas of the Adult-Oriented Business within which patrons are permitted, except rest rooms and customer changing rooms, if any, shall be open to view by the management at all times.
8. Additional "Adult Arcade" provisions. Any adult-oriented business which is also an "Adult Arcade" (see definition in Glossary), shall comply with the following additional provisions:
   1. The interior of the premises shall be configured in so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms and customer changing rooms. Restrooms and customer changing rooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured so that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this Subparagraph shall be direct line of sight from the manager's station.
   2. The view area specified in Subparagraph 1., above shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
   3. No viewing room or changing room may be occupied by more than one person at any one time.
   4. The walls or partitions between viewing rooms or booths, changing rooms, restrooms, and stalls or spaces contained therein shall be maintained in good repair at all times, with no openings in the walls between any two of the rooms that would allow viewing from one booth or room into another or that would allow physical contact of any kind between the occupants of any two of the booths or rooms.
   5. Customers, patrons, or visitors who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing, shall not be allowed to stand idly by in the vicinity of any video booths, or to remain in the common area of the business, other than the restrooms. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
   6. The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any of the booths shall be evidence of improper maintenance and inadequate sanitary controls; instances of these conditions may justify suspension or revocation of the Use Permit.
9. Indoor lighting level required. All interior areas of the Adult-Oriented Business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

10. Separate restrooms required. The Adult-Oriented Business shall provide and maintain separate restrooms for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using a restroom for females, and female patrons and employees shall be prohibited from using a restroom for males, except to carry out duties of repair, maintenance, and cleaning of the rest room facilities. The rest rooms shall be free from any Adult-Oriented Material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment. The foregoing provisions of this Subparagraph shall not apply to an Adult-Oriented Business that deals exclusively with sale or rental of sexually oriented material or merchandise that is not used or consumed on the premises and which does not provide rest room facilities to its patrons or the general public.
11. Additional requirements for live entertainment. The following additional requirements shall pertain to Adult-Oriented Businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:
    1. No employee, owner, operator, responsible managing employee, manager, or permittee of an Adult-Oriented Businesses providing live entertainment shall allow any person below the age of 18 years upon the premises or within the confines of the business if no alcoholic beverage is served, or under the age of 21 if alcoholic beverages are served.
    2. No entertainer shall dance with or otherwise be within four feet of a patron while performing for compensation or while on the Adult-Oriented Businesses premises. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s).
    3. No owner, operator, responsible managing employee, manager, or permittee shall permit or allow at licensed premises any patron to approach within four feet of an entertainer, or permit or allow an entertainer to approach within four feet of a patron.
    4. All employees, other than entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.
    5. The Adult-Oriented Business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
    6. The Adult-Oriented Business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
    7. The Adult-Oriented Business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If a separate access is not physically feasible, the Adult-Oriented Business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
    8. No entertainer, either before, during, or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during, or after performances by the entertainer. This Subparagraph shall only apply to physical contact on the premises of the Adult-Oriented Business.
    9. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
12. Security guards required. Adult-Oriented Businesses shall employ security guards in order to maintain the public peace and safety, consistent with the following standards:
    1. Adult-Oriented Businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.
    2. All Adult-Oriented Businesses shall have a responsible person who shall be at least 18 years of age, or 21 years of age if serving alcohol, and shall be on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be registered with the Police Chief by the owner to receive all complaints and be responsible for all violations taking place on the premises.
    3. All Adult-Oriented Businesses shall provide a security system that visually records and monitors the exterior premises of the property including all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the exterior premises of the property, including the parking lot areas during all business hours. These recordings are to be kept available for a minimum period of 72 hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two by three feet and shall at a minimum be one foot by one and a half feet
    4. Security guards shall be uniformed in a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard required in compliance with this Subparagraph shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.
13. X-rated movies or videos. The availability of X-rated movies or videos shall be restricted only to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays videos or other motion picture media that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, the videos shall be located in a specific Section of the establishment where persons under the age of 18 shall be prohibited. All access to sexually oriented material or merchandise shall be restricted to persons over 18 years of age.
14. Disposal in locked garbage receptacles only. Any and all sexually oriented materials or sexually oriented merchandise discarded by an Adult-Oriented Business shall be fully contained within a locked garbage receptacle at all times so that minors are not exposed to sexually oriented materials or sexually oriented merchandise.

    The foregoing applicable requirements of this Section shall be deemed conditions of Use Permit approvals, and failure to comply with every requirement shall be grounds for revocation of the permit issued in compliance with these regulations.

Effective on: 1/1/1901

Each Adult-Oriented Business shall display at all times during business hours the Use Permit issued in compliance with the provisions of this Chapter for an Adult-Oriented Business in a conspicuous place so that the same may be readily seen by all persons entering the Adult-Oriented Business.

Effective on: 1/1/1901

It shall be unlawful for any permittee, operator, or other person in charge of any Adult-Oriented Business to employ, or provide any service for which it requires a Use Permit, to any person who is not at least 18 years of age.

Effective on: 1/1/1901

1. Only at approved address. A permittee shall not operate an Adult-Oriented Business under the authority of a Use Permit at any place other than the address of the Adult-Oriented Business stated in the application for the Adult-Oriented Permit.
2. No transfer without permit amendment. A permittee shall not transfer ownership or control of an Adult-Oriented Business or transfer a Use Permit to another person unless and until the transferee obtains an amendment to the permit from the Commission stating that the transferee is now the permittee. The amendment may be obtained only if the transferee files an application with the Commission in compliance with Sections D4-4 (Use Permit Required) and D4-5 (Application Requirements), above, accompanies the application with a transfer fee as set forth in the City’s Fee Schedule, and the Commission determines in compliance with Sections D4-6 that the transferee would be entitled to the issuance of an original Use Permit. The transfer fee shall be paid in lieu of the filing fee required by Section D4-5.
3. No transfer when subject to suspension or revocation. No Use Permit may be transferred when the permittee has been notified that the Use Permit has been or may be suspended or revoked.
4. No transfer in violation of this Section. Any attempt to transfer a Use Permit either directly or indirectly in violation of this Section is hereby declared void, and the Use Permit shall be deemed revoked.

Effective on: 1/1/1901

1. Findings required for revocation. Any Use Permit issued in compliance with the provisions of this Chapter may be revoked by the City on the basis of any of the following:
   1. The business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits for the building in which the use is located set by the Fire Marshall;
   2. The permittee has misrepresented a material fact in the application for permit or in any report required to be filed with the City or has not answered each question in the application truthfully;
   3. The permittee has failed to obtain or maintain all required City, County, and State licenses and permits;
   4. The permit is being used to conduct an activity different from that for which it was issued;
   5. The building or structure in which the Adult-Oriented Business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the Uniform Building, Uniform Plumbing, or Uniform Fire Code;
   6. The permitted business creates sound levels which violate the City's noise regulations (Section D3-8);
   7. The permittee, if an individual, or any of the officers or general partners, if a corporation or partnership is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the State as a sex or sex-related offense after the Adult-Oriented Business has commenced operation;
   8. The permittee, employee, agent, partner, director, stockholder, or manager of an Adult-Oriented Business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the Adult-Oriented Business:
      1. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation;
      2. Use of the Adult-Oriented Business site as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur;
      3. Any conduct constituting a criminal offence which requires registration under Section 290 of the California Penal Code;
      4. The occurrence of acts of lewdness, assignation, or prostitution including any conduct constituting violations of California Penal Code Sections 315, 316, 318, or 647(b);
      5. Any act constituting a violation of provisions of the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4; or
      6. Any conduct prohibited by this Chapter.
   9. Failure to abide by any action previously imposed by an appropriate City official; and
   10. The use for which the approval was granted has ceased to exist or has been suspended for 180 days or more.
2. Transmittal of notice. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be sent by certified mail to the permittee at least 10 days before the hearing.
3. Relevant evidence. The Commission shall hold a public hearing on the proposed revocation of the permit. Notice of the public hearing shall be given in compliance with California Government Code Section 65091, as the same may be amended from time to time. In reaching a decision on the proposed revocation, the Commission shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
4. Commission’s action. The Commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's Use Permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zone in which the property is located.
5. Transmittal of Commission decision. The Commission's decision shall be in writing, and shall be mailed to the applicant and all property owners within 300 feet of the use.
6. Decision within 30 days. The Commission shall make its final decision within 30 days of the public hearing.
7. Appeal of Commission’s decision. Any interested person may appeal the decision of the Commission to the Council in writing within 10 days after the Commission's written decision. In addition, within 10 days after the Commission's written decision, any member of the Council shall have the authority to direct that the Council review the decision of the Commission on the grounds that the individual council member believes that the matter should be decided by the Council.
8. De novo public hearing. Consideration of an appeal of the Commission's decision shall be at a de novo public hearing which shall be noticed in the same manner as the public hearing of the Commission and shall occur within 30 days of the filing of the appeal or initiation of review by the Council. In reaching its decision, the Council shall not be bound by the formal rules of evidence. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
9. Council’s action on appeal. The Council action on the appeal of the Commission's decision shall be by a majority vote of the quorum, and upon the conclusion of the public hearing, the Council shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's Use Permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zone in which the property is located. The Council's decision shall be final and conclusive.
10. No new permit within 12 months after revocation. In the event a permit is revoked pursuant to this Chapter, another adult use development permit to operate an adult business shall not be granted to the permittee within 12 months after the date of the revocation.

Effective on: 1/1/1901

Any person who violates any section of this Chapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in compliance with the limits set forth in California Government Code Section 36901, as it may be amended from time to time, or any other legal remedy available to the City.

Effective on: 1/1/1901

The provisions of this Chapter are not intended to provide exclusive regulation of the Adult-Oriented Business uses. These uses shall comply with any and all applicable regulations imposed in other articles of this Land Use Code, other City ordinances, and State and Federal law.

Effective on: 1/1/1901

The conduct of any business within the City in violation of any of the terms of this Chapter is hereby found and declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal, and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to other courts as may have jurisdiction to grant relief that will abate or remove the Adult-Oriented Business and restrain and enjoin any person from conducting, operating, or maintaining an Adult-Oriented Business contrary to the provisions of this Chapter.

Effective on: 1/1/1901

An applicant or permittee shall permit representatives of the Police Department, Health Department, Planning Department, or other City Departments or Agencies to inspect the premises of an Adult-Oriented Business for the purpose of ensuring compliance with the law and the development standards applicable to Adult-Oriented Businesses, at any time it is occupied or opened for business. A person who operates an Adult-Oriented Business or his or her agent or employee is in violation of the provisions of this Section if he/she refuses to permit the lawful inspection of the premises at any time it is occupied or open for business.

Effective on: 1/1/1901

This Chapter provides regulations for alternative energy structures and equipment, including solar power equipment and windmills (wind energy conversion systems), to assist residents and businesses in reducing the consumption of electricity produced by sources outside of the community.

Effective on: 1/1/1901

The provisions of this Section are intended to ensure that solar energy systems are protected from shading, conform in appearance to the surrounding neighborhood, and to provide design guidelines and installation standards.

1. Definitions.

Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), a windmill proposed for the generation of electricity, hereafter referred to as a "windmill," shall comply with the requirements of this Section.

1. Application requirements. The Use Permit application shall include all information and materials required by Section D6-16, and the following.
   1. Standard drawings and an engineering analysis of the system's tower, showing compliance with the Uniform Building Code (UBC), and certification by a California-licensed professional mechanical, structural, or civil engineer. A "wet stamp" shall not be required on the drawings and analysis if the application demonstrates that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (UBC Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot.
   2. Information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.
   3. Evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states in the application, that the system will not be connected to the electricity grid.
   4. Evidence that the proposed height of the windmill tower does not exceed the height recommended by the manufacturer or distributor of the system.
2. Minimum site area. A windmill shall only be located on a parcel of one acre or larger.
3. Limitations on location. No more than one windmill shall be approved on a single parcel, or closer than 500 feet from another windmill.
4. Windmill design standards.
   1. Setback requirements. A windmill shall not be located closer to a property line than the height of the windmill (the distance from the ground to the topmost point of the windmill blades.
   2. Height limit. A windmill tower shall not exceed the maximum height allowed by the applicable zone.
   3. Windmill turbine. The turbine proposed for the system shall have been approved by the California Energy Commission (CEC) as qualifying under the Emerging Renewables Fund of the CEC's Renewables Investment Plan, or certified by a national program recognized and approved by the CEC.
5. Noise standards. A windmill shall be designed, installed, and operated so that noise generated by the system shall not exceed the lesser of 60 decibels (dBA), or the maximum noise levels established by the Noise Ordinance for the applicable zone, as measured at the property line, except during short-term events including utility outages and severe wind storms.
6. Required findings for approval. The approval of a Use Permit for a windmill shall require that the Review Authority first find that the location and design of the windmill will not produce excessive visual impact or cause the windmill to be the dominant visual feature on a ridgeline when viewed from a public right-of-way, in addition to the findings required for Use Permit approval by Section D6-28 (Use Permits and Minor Use Permits).

Effective on: 1/1/1901

This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Division D2 (Allowable Land Uses and Zoning Standards) within individual or multiple zones, and for activities that require special standards to mitigate their potential adverse impacts.

Effective on: 1/1/1901

The land uses and activities covered by this Chapter shall comply with the provisions of each Section applicable to the specific use, in addition to all other applicable provisions of this Zoning Ordinance.

1. Where allowed. Each use shall be located only where allowed by Division D2 (Allowable Land Uses and Zoning Standards).
2. Planning permit requirements. Each use shall be authorized by the planning permit required by Division D2, except where a planning permit requirement is established by this Chapter for the specific use.
3. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to all other applicable provisions of this Zoning Ordinance (e.g., Divisions D2 and D3, etc.).
   1. The land use tables in Division D2 determine when the standards of this Chapter apply to a specific land use.
   2. In the event of any conflict between the requirements of this Chapter and those of Divisions D2 or D3, the requirements of this Chapter shall control.

Effective on: 1/1/1901

The purpose of this Section is to establish standards for usage, construction timing, projections into required setbacks, siting, design, and lot coverage of accessory structures. Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), accessory structures shall comply with the requirements of this Section.

1. A.
   Requirements for all accessory structures.

   1. 1.
      Relationship to primary use. An accessory use and/or structure shall be incidental to the primary use of the site, and shall not alter the character of the primary use.
   2. 2.
      Timing of installation. An accessory structure shall only be constructed concurrent with or after the construction of the primary structure on the same site except that construction trailers may be placed on a site at the time site clearance and grading begins, and may remain on the site only for the duration of construction.

   3. 3.
      Allowed projections into setbacks. An architectural feature of an accessory structure may extend into a required front, side or rear setback in compliance with Table 4-1.

2. B.
   Exemptions - Decks. A deck shall be exempt from the provisions of section D4-26 only if constructed with an approved Development Plan.
3. C.
   CC, CT, CCMU, CR, MC, DMU-N, DMU-S, MUX, MUR, OA, and OL zones. An  accessory structure shall comply with the following standards, in addition to those in Subsection A.

   1. 1.
      Setback requirements. An accessory structure shall not occupy a required front or corner side setback, or project beyond the front building line of the primary structure on the site. In addition, an accessory structure located to the rear of a primary structure shall be set back from the interior side and rear property lines by a minimum of five feet, unless the accessory structure complies with the height limit requirements of Subsection C.2.
   2. 2.
      Height limit. An accessory structure shall not exceed a maximum height of 16 feet, provided that:

      1. a.
         A structure placed at a property line shall not exceed six feet in height at the property line, and shall not intercept an inclined daylight plane sloping inward from a point six feet above the property line and rising one foot for each foot of distance from the property line.
4. D.
   AG, OS, P, GC, M-1, and M-2 and PS zones. Accessory structures shall comply with all regulations applicable to the principal primary structure. Off-site accessory uses may be allowed only with a Minor Use Permit approval.
5. E.
   R zones. Each accessory structure within a residential zone shall comply with the following requirements.

   1. 1.
      Maximum total floor area. The total floor area of all accessory structures on the site with a solid roof over four feet in height and/or deck structures over four feet in height shall not exceed three percent of the lot area. Common areas owned by homeowners’ associations are exempt from the maximum floor area (i.e. pool house, etc.).

      An accessory structure with operable louver roofing, which is capable of opening the roof to the sky, is exempt from this total floor area limitation.

   2. 2.
      Height limit. An accessory structure shall not exceed the height limit as stated in Table 4-2. See Section D3-6.D. (Height Limits and Exceptions) to determine how height is measured.

1.   
   3. 3.
      Setback requirements. Accessory structures shall comply with the following setback requirements.

      1. a.
         Front setback. An accessory structure shall be set back from a front property line by a minimum distance:

         1. 1.
            As required by Subsection D.3.c for animal structures.
         2. 2.
            An accessory structure in a required front yard setback shall comply with the driveway visibility requirements of Section D3-10 (Setback Requirements and Exceptions), and the site obstruction requirements of Section D3-37 (Driveways and Site Access).
      2. b.
         Side and rear setbacks. An accessory structure shall be set back from the side and rear property line as follows.

         1. 1.
            If the structure is of 18 inches or less in height, no setback is required;
         2. 2.
            If the structure is greater than 18 inches but 6 feet or less in height, a three-foot setback is required; and
         3. 3.
            If the structure is greater than 6 feet in height, the setback shall be equal to the height less three feet.
      3. c.
         Setbacks for animal keeping structures.

         1. 1.
            Small animal structures. The minimum setback for structures housing small domestic animals shall be 60 feet from the front property line; and 40 feet from both the side and rear property lines (small structures housing dogs are excluded from this standard). For chicken coops, see Division D4, Chapter VII.
         2. 2.
            Large animal structures. The minimum setback for barns, stables, and similar accessory structures housing large animals shall be 100 feet from the front property line; and 50 feet from both side and rear property lines.

6. F.
   PD zone. The size and location of accessory structures shall comply with the requirements of the adopted PD or specific plan for the applicable PD zone. If the PD standards do not address standards for accessory structures, then the requirements of R zone apply to residential developments and C zone standards apply to commercial developments.

(Ord. No. 534, § 1 (Exh. A-3), 10/14/2025) 

Effective on: 11/13/2025

Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), Bed and Breakfast Inns and Short-Term Rentals (internet based or otherwise), shall comply with the requirements of this Section.

1. Definitions. Except where the context otherwise requires, the following definitions are applicable to this Section:

Card rooms shall comply with the requirements of Municipal Code DIVISION B1, Chapter I (Cardrooms).

Effective on: 1/1/1901

(Ord. No. 534, § 1 (Exh. A-3), 10/14/2025)

Effective on: 11/13/2025

(Ord. No. 534, § 1 (Exh. A-3), 10/14/2025)

Effective on: 11/13/2025

Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), outdoor employee eating areas shall comply with the requirements of this Section.

1. Standards.
   1. A minimum of 150 square feet of outdoor eating facilities shall be provided for office buildings of 10,000 gross sq. ft. or greater, excluding warehouse and storage space. A larger outdoor eating area shall be required for larger buildings in an amount to be determined by the Zoning Administrator. Credit toward the required amount of square footage will be given for indoor eating facilities as determined by the Zoning Administrator.
   2. The area shall be easily accessible to employees and shall be located to offer a sense of privacy.
   3. The area shall be landscaped and provided with attractive outdoor furniture, i.e., metal, wood, or concrete picnic tables, benches/chairs and trash receptacles.
   4. A site plan showing the location, landscaping and facilities required above shall be submitted to the Zoning Administrator for approval as part of the development application.
2. Exceptions. This Section shall not apply to industrial/office buildings that are located within 1,000 feet of an approved mini-park or a City park that include facilities for eating and are accessible by walking as determined by the Zoning Administrator.

Effective on: 1/1/1901

Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), heliports shall comply with the requirements of this Section.

1. Purpose. These regulations establish location criteria and development standards for helicopter takeoff and landing areas to protect the public health, safety and welfare, and to minimize land-use conflicts, noise impacts, and operational hazards.
2. Permit required. A Use Permit shall be issued by the Planning Commission, for the construction and operation of a heliport, helipad, or helistop upon finding that:
   1. The helipad, heliport, or helistop conforms to the location criteria and standards established in Subsections D. and E., and the requirements of the California Department of Transportation, Division of Aeronautics;
   2. The heliport, helipad, or helistop is compatible with the surrounding environment; and
   3. The proposed operation of the helicopter facility does not pose a threat to public health, safety or welfare.

   The Planning Commission may impose conditions on approval of the Use Permit to prevent adverse impacts on surrounding properties; if such impacts cannot be mitigated to an acceptable level, the Use Permit application shall be denied.

3. Location criteria.
   1. Relation to transportation system. The heliport, helipad, or helistop shall be located within 3,000 feet of a freeway as designated on the General Plan.
   2. Minimum separation. Minimum separation between heliports, helipads, and helistops shall be 1.5 miles, except for facilities specifically intended for emergency use, such as medical evacuation, and temporary landing sites.
   3. Protected areas. No heliport, helipad, or helistop shall be located within 1,000 feet of an R zone or the site of a public or private school or within 500 feet of a park provided that heliports, helipads or helistops specifically intended for emergency use may be within 500 feet of an R zone, a park or a public or private school. Temporary landing sites within 1,000 feet of a public or private school may be allowed with a temporary Use Permit subject to approval of: (a) the City of San Ramon; (b) the San Ramon Valley Unified School District; and (c) the California Department of Transportation.
4. Site development standards.
   1. Approach and departure paths 65 feet wide shall be free of obstruction for a minimum distance of 400 feet.
   2. Setbacks from property lines shall be as follows:
      1. Takeoff and landing area - 100 feet;
      2. Helicopter maintenance facilities - 25 feet;
      3. Administrative or operations building - 15 feet.
   3. Any lighting used for nighttime operations shall be directed away from adjacent properties and public rights-of-way.
   4. A telephone shall be provided on or adjacent to the heliport, helipad or helistop.
   5. Helipads, heliport or helistops intended for emergency use shall have a landing pad with a standard landing area designated and the words "Emergency Only". The initial direction of the departure routes shall be indicated on the takeoff and landing area.
5. Application requirements. The following additional information shall be submitted with a Use Permit application:
   1. An area map, at a scale of 1" = 800' showing existing land use within a two-mile radius of the facility site and the proposed flight paths.
   2. A plot plan of the site and vicinity, including all land within a 400-foot radius of the takeoff and landing area, that shows clearly the height of the takeoff and landing area; the height of existing, approved and proposed structures and trees within 100 feet of the approach and takeoff flight paths; and the maximum allowable building height under existing zoning.
   3. A description of the proposed operations, including the type of use, names and descriptions of helicopters expected to use the facility, and anticipated number and timing of daily flights.
   4. A helicopter noise study including a map of the approach and departure flight paths at a scale of 1" = 800' showing existing day/night average noise levels in decibels (LDN noise contours), future day/night average noise levels with the proposed facility and anticipated flight operations, and single-event maximum sound levels associated with the types of helicopters expected to use the facility.
6. Appeals. Decisions of the Commission may be appealed to the Council in compliance with Chapter D7-II (Appeals and Calls for Review).

Effective on: 1/1/1901

Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), home occupations and Cottage Food Operations shall comply with the requirements of this Section.

1. Permit required. A home occupation or Cottage Food Operation in a residential zone shall require a home occupation permit unless a minor use permit is required by subsection D4-33.D (Minor Exceptions) or subsection D4-33.E (Cottage Food Operation). The Zoning Administrator shall issue the permit upon determining that the proposed home occupation complies with the requirements of this section.
2. Application contents. An application for a home occupation permit shall contain the information as required by the Zoning Administrator.
3. Required conditions. Home occupations shall comply with the following regulations:
   1. No clients may come to the home.
   2. The use is incidental to the residential use of the dwelling.
   3. The use shall be conducted entirely within a portion of the main building, not within any required parking facility and shall not exceed 20 percent of the building's floor area, excluding garage square footage. No outside storage shall be permitted.
   4. No article shall be sold or offered for sale on the premises.
   5. No person other than a resident of the dwelling shall be employed on-site or report to work at the site in the conduct of the home occupation This prohibition also applies to independent contractors.
   6. The use will not generate vehicular or pedestrian traffic in excess of that which is normally associated with residential uses in the same zone.
   7. No parking space will be obstructed and no additional parking space will be required for the home occupation.
   8. There is no exterior indication of the home occupation, including signs.
   9. The use will not create noise, odor, dust, fumes, vibration, smoke, electrical interference, or any other interference with residential uses of adjacent property.
   10. No motor vehicle repair shall be permitted at operator’s residence. Auto cleaning, detailing, and minor replacement or repair of glass or accessory parts may be performed off-site.
   11. No personal services shall be permitted on-site.
   12. The address of the home occupation will not be advertised in any publication. Business cards and letterhead are not included in this requirement.
4. Minor Exceptions. Any minor exception to a home occupation such as, but not limited to client visits, outdoor uses, etc. shall require a Minor Use Permit in accordance with Chapter D6-28 (Use Permits and Minor Use Permits). The Zoning Administrator may impose conditions as deemed necessary to protect the best interests of the surrounding area for a home occupation requiring approval of a Minor Use Permit.
   1. Factors to be considered. The Zoning Administrator may consider factors such as, but not limited to the following during review of a home occupation requiring a Minor Use Permit:
      1. Parking;
      2. Traffic control;
      3. Noise Control;
      4. Operating characteristics;
      5. Hours of operation;
5. Cottage Food Operation. A Cottage Food Operation with client visits and/or up to one non-resident employee in a residential zone shall require a Minor Use Permit, in accordance with Chapter D6-28 (Use Permits and Minor Use Permits).
   1. Standards. The Zoning Administrator may consider reasonable standards, restrictions, and requirements related to the following:
      1. Spacing and Concentration. A Cottage Food Operation with client visits and/or up to one non-resident employee shall be a minimum of 300 feet from any other legally established Cottage Food Operation with client visits and/or up to one non-resident employee. The 300 foot minimum distance shall be measured from the subject site property lines to the property lines of any other legally established Cottage Food Operation with client visits and/or up to one non-resident employee;
      2. Traffic control;
      3. Parking;
      4. Noise Control
6. Discontinued Use. As determined by the Zoning Administrator, all permits issued pursuant to this section may become null and void if the business license for a home occupation or Cottage Food Operation is discontinued for a period of one year.
7. Revocation. A permit granted pursuant to this section may be revoked by the Zoning Administrator pursuant to the procedures established by Zoning Ordinance Division D7, Chapter V (Enforcement).
8. Appeals. In accord with Chapter D7-II (Appeals and Calls for Review), decisions of the Zoning Administrator may be appealed to the Planning Commission.

Effective on: 1/1/1901

Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), live entertainment shall comply with the requirements of this Section.

1. Exits not limited to emergency use only shall generally be directed away from an R zone adjoining the site.
2. A Use Permit shall establish conditions ensuring that no litter problem will exist.
3. A Use Permit for live entertainment shall apply only to the type of entertainment approved, and a different type of entertainment shall require approval of a separate Use Permit.
4. Noise requirements and other limitations. Approval shall include conditions addressing:
   1. Hours of operation;
   2. Transferability; and
   3. The temporary vs. permanent nature of the use.

Effective on: 1/1/1901

Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), outdoor display and sales shall comply with the requirements of this Section.

1. A.
   Outdoor display and storage.

   1. 1.
      Where permitted. The outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up may occur only where allowed by the allowable land use tables in Division D2 for the specific zone applicable to the site.
   2. 2.
      Permit conditions. A permit for outdoor display and storage may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties.
   3. 3.
      Exceptions. Notwithstanding the provisions of Subsections A.1 and A.2 above, outdoor storage and display shall be permitted in conjunction with plant nurseries in zones where plant nurseries are allowed by Division D2, provided that the outdoor storage and display is limited to plants only.

   4. 4.
      Screening. Except for the land uses excepted by Subsection A.3 above, each outdoor storage and display area shall be screened from the view of streets by a solid fence or wall. Screening shall be provided as prescribed by the permit.
   5. 5.
      Coin-Operated Vending Machines. Each machine located in an R zone or within 300 feet of an R zone, except for machines located on the site of a service station, shall be buffered from view from public rights-of-way.

   6. 6.
      Outdoor eating areas. Sidewalk cafes and outdoor food service accessory to an Eating and Drinking Establishment shall include no outdoor preparation of food or beverages.
   7. 7.
      Appeals. Decisions of the Zoning Administrator may be appealed to the Planning Commission in compliance with Chapter D7-II (Appeals and Calls for Review).
2. B.
   Outdoor vending.

   1. 1.
      Purpose. To provide opportunities for outdoor vendors to operate where allowed by Division D2 (Allowable Land Uses and Zoning Standards) and to ensure that such operations are properly regulated in such a manner that their benefits to the City are realized and at the same time adverse impacts are minimized.
   2. 2.
      Definitions.

Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), mobile homes and mobile home parks shall comply with the requirements of this Section.

1. Purpose.

   It is the intent of the City to provide opportunities for the placement of mobile homes in R zones and to insure that such mobile homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

2. Definitions:

Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), recycling facilities shall comply with the requirements of this Section.

1. Definitions.

(Ord. No. 496, § 2, 01/28/2020; Ord. No. 534, § 1 (Exh. A-3), 10/14/2025)

Effective on: 11/13/2025

1. A.
   Purpose. The purpose of this section is to:

   1. 1.
      Implement California Government Code Chapter 13 of Division 1 of Title 7, as amended from time to time, for the development of accessory dwelling units (including junior accessory dwelling units).
   2. 2.
      Increase overall supply and range of housing options for all economic segments of the community.
   3. 3.
      Streamline small-scale infill development and to minimize governmental constraints on residential development while ensuring such housing remains compatible with the existing neighborhood.
   4. 4.
      Support Housing Element goals of facilitating construction of accessory dwelling units and increasing the number of housing units that are more affordable to San Ramon residents.
   5. 5.
      Encourage development of accessory dwelling units in zoning districts with compatible land uses and infrastructure. 
2. B.
   Definitions.  Unless otherwise specified in this Title, the definitions found in California Government Code Section 66313 et seq. shall apply to the terms contained herein. 
3. C.
   Applicability. The provisions of this Section apply to all parcels with at least one existing or proposed dwelling unit. 
4. D.
   Review procedure. Prior to building permit issuance for an accessory dwelling unit and/or a junior accessory dwelling unit, a Zoning Clearance (Section D6-30) application for an accessory dwelling unit and/or junior accessory dwelling unit shall be processed and approved in compliance with California Government Code Sections 66317 and 66335 et seq. Accessory dwelling units shall be allowed by-right (ministerially permitted) in any zone which allows for residential uses. This includes mixed-use zoning districts which allow residential and non-residential land uses. 

(Ord. No. 522, § 6, 12/12/2023) 

Effective on: 1/11/2024

Where allowed by Division D2 (Allowable Land Uses and Zoning Standards), service stations and car washes shall comply with the requirements of this Section.

1. A.
   Minimum separation. Minimum separation between site boundaries shall be 500 feet, except that one such use may be located at each corner of a street intersection.
2. B.
   Site layout. Conditions of approval of a Use Permit may require buffering, screening, planting areas, or hours of operation necessary to avoid adverse impacts on properties in the surrounding area.
3. C.
   Planting areas. Perimeter planting areas shall be as required for parking lots by Chapter D-33 (Landscape Design Standards) and Chapter D-34 (Parking and Loading), except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas.
4. D.
   Storage of materials and equipment. The provisions of Section D4-35 (Outdoor Display, Storage, and Vending) shall apply, except that a display rack for automobile products no more than 4 feet wide may be maintained at each pump island of a service station. If display racks are not located on pump islands, they shall be placed within three feet of the principal building, and shall be limited to one per street frontage. The Storage of inoperative vehicles is prohibited. The location of display racks and vending machines shall be specified by the Use Permit.

5. E.
   Hours of Operation. The provisions of Subsection D3-8 H. [Hours of operation] shall apply.
6. F.
   Unattended Service Stations. Operation of an unattended service station shall be prohibited, except for the dispensing of Alternative Fuels (see Vehicle Fueling-Alternative Fuels) as approved by a Land Use Permit. Unattended Service Stations dispensing Alternative Fuels, when specifically approved as part of a Land Use Permit, shall consider the following factors/plans:

   • Location on site, site circulation and relationship to adjacent properties and land uses,
   • Hours- Primary facility and accessory fueling,
   • Noise control,
   • Hazardous materials storage and containment,
   • Hazardous Material Business Plan,
   • Security Plan- including daytime and afterhours contacts,
   • Maintenance and Liter Control Plan,
   • Other site specific conditions or programs, as applicable.

   Exceptions:

   1. a.
      Electric Vehicle (EV) Charging Stations (Accessory) in existing commercial, office, mixed use or multifamily developments.
   2. b.
      Private and restricted access fueling stations (corporate yards and fleet vehicles) are not subject to the Unattended Service Station standards.

Effective on: 1/1/1901

The purpose of this Section is to establish standards for siting, design, modifications and maintenance of telecommunications facilities including, but not limited to, telecommunications antennas and related facilities, and other above-ground structures used for the purposes of transmitting data wirelessly. The standards contained in this Section are designed to promote the following:

1. Protect and promote public safety and community welfare;
2. Protect the visual character of the City of San Ramon and minimize potential adverse impacts of wireless communications facilities development and installation;
3. Protect the environmental resources of San Ramon;
4. Ensure that a competitive, varied and high quality wireless communications service infrastructure is provided to serve San Ramon’s residents and the business community;
5. Ensure that all telecommunications providers or carriers are treated equally, without unduly restricting or discriminating among service providers of functionally equivalent services;
6. Streamline the permitting process, while ensuring compliance with Zoning and Building and Safety regulations;
7. Encourage the managed development of wireless communication service infrastructure to secure San Ramon’s role in the evolution of technology;
8. Retain local responsibility for management of the use of the public right-of-way;
9. Ensure a telecommunications network that will serve an effective role in San Ramon’s emergency response system; and
10. Promote the economic vitality of the City of San Ramon.

Effective on: 1/1/1901

1. Applicability. Except for the exemptions listed under Subsection D, this ordinance shall apply to all types of wireless telecommunications facilities and related structures within any zones, including the PD zone. It shall include any structures used to transfer data wirelessly including, but not limited to, utility data such as PG&E and AT&T cabinets, facilities built for transmittal of wireless digital television, personal communications systems (PCS), and other wireless facilities specifically addressed in this Chapter.

   Above ground cabinets housing equipment for fiber optic cables or housing equipment for telecommunications underground equipment shall also be subject to the provisions of this ordinance.

2. Permitting authority. Subject to the provisions of Division D7 (Zoning Ordinance Administration), of the Zoning Ordinance, the Planning Commission and the Zoning Administrator are authorized to approve, approve with conditions, or deny applications for telecommunications facilities. The review process may be incorporated as part of a specific development project, provided that the process and applicable standards are in accordance with the provisions of this Chapter.
3. General requirements. All telecommunications antenna facilities and related equipment in the City of San Ramon shall conform to the following requirements:
   1. Compliance with the General Plan and any other land use plan, policies and guidelines adopted by the City of San Ramon including, but not limited to, the requirements of the Zoning Ordinance and adopted Specific Plans;
   2. Compliance with CEQA requirements;
   3. Compliance with the requirements of any other governmental agency with jurisdiction over the installation of a telecommunications facilities;
   4. Compliance with Federal Aviation Administration (FAA) regulations and permit requirements;
   5. Compliance with any applicable easements, restrictions or land use approvals restricting development on any given parcel;
   6. The telecommunications facility shall be an accessory use, secondary to the primary use on a parcel, unless the parcel is zoned for Open Space or the parcel is vacant subject to future development to include a primary use;
   7. Compliance with radio frequency emission standards adopted by the Federal Communications Commission (FCC), which shall include any combined radio frequency levels produced by antennas located on the same parcel in addition to all antennas within 100 feet distance of the proposed facility; and
   8. Compliance with the Uniform Building Code and subject to the building permitting process.
4. Exemptions. The following telecommunications facilities are exempt from the discretionary review described in this Section if located outside the public right-of-way. The Zoning Administrator may require that application materials be submitted to the Planning Division and/or the City Attorney to verify compliance with the requirements of this section. All exempt facilities are subject to review by the Building & Safety Division and may require approval of a building permit.
   1. The facility is preempted from local regulations, by state or federal law. The owner of the antenna shall provide the Planning Division and/or the City Attorney a copy of applicable regulations, and if applicable, a current FCC or California Public Utility Commission (CPUC) permit prior to installation of the exempt antenna. The City Attorney shall determine if a facility is exempt from local regulations.
   2. A single building-mounted receive-only radio or television antenna (excluding parabolic or satellite antennas), not exceeding 15 feet above the roof, including mast, used solely by the tenant of a residential or commercial property on which the structure is located.
   3. A single ground or building-mounted Direct Broadcast Satellite (DBS) antenna, Multipoint Distribution Services (MDS) antennas, Television Broadcast Service (TVBS) antennas or substantially similar antennas, which are less than one meter (39 inches) in diameter are subject to the following standards:
      1. The dish/antenna is for the sole use of the occupant of a residential or commercial property on which it is located;
      2. It does not exceed the height of the roof ridge of the main structure on which it is located;
      3. It is located outside of a required front yard setback.
   4. Mobile temporary telecommunications facilities operating at various locations to provide public information or coverage of news events. Mobile facilities providing public information of news events may be setup on public property for 72 hours or less subject to City approval.
   5. Temporary telecommunications facilities, including mobile facilities, for a period not to exceed 60 days, when deployed during a community-wide emergency or natural disaster as follows:
      1. The Zoning Administrator shall determine whether an event qualifies as a community-wide emergency or natural disaster;
      2. The Zoning Administrator may grant an extension to the maximum 60-day time period on a case-by-case basis.
   6. Handheld and mobile personal wireless devices such as cell phones, personal digital assistants, cordless phones, and similar devices as determined by the Zoning Administrator.
   7. The facility is located entirely inside a building and serves only that building, including but not limited to wireless and fiber-optic networks.
   8. Satellite Earth Station (SES) antennas which are 2 meters (78 inches) or less in diameter if located in a commercial or industrial zone and meeting setback requirements of accessory structures. If mounted on a roof, these facilities shall be of a non-contrasting color preferably closely matching the color of the roof.
   9. A temporary testing facility to establish the necessary height of a permanent telecommunications tower for a maximum of 48 hours per year per site upon notification of the Planning Division.
   10. Amateur radio antenna and supporting structures which meet the following standards:
       1. Maximum height of 35 feet when fully extended. The use of retractable antennas is encouraged. To the extent feasible, antennas shall remain retracted when not in use, unless used for emergency related operations.
       2. There shall be only one amateur radio tower on a single parcel.
       3. There shall be no portions of the amateur tower or antennas, when fully extended, overhanging into the required setbacks for main structures within the applicable zone.
       4. The maximum total width of the entire structure, including top mounted antennas shall not exceed 30 ft. when fully extended.
       5. The operator shall be licensed by the FCC as an amateur radio operator or shall be permitted to operate as an amateur radio station in the United States by treaty or statute.
5. Small wireless facilities. Notwithstanding any other provision of this Chapter, all “small wireless facilities” as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, shall be exempt from the provisions in this Chapter and subject to permits and other requirements as specified in the Small Cell Wireless Facilities Policy, which shall be adopted and may be amended or repealed by City Council resolution. If the Small Cell Wireless Facilities Policy is repealed and not replaced, an application for a small wireless facility shall be processed pursuant to this Chapter.

(Ord. No. 496, § 2, 01/28/2020) 

Effective on: 2/27/2020

Unless otherwise specifically described in this Section, the following development standards shall apply to all telecommunications facilities:

1. Location standards. Telecommunications structures are permitted in all zones, provided that the standards listed under Sections B., C., and D. below are met:
2. Prohibited sites. Telecommunications structures are prohibited in the following locations:
   1. Any areas specifically prohibited by the General Plan, any applicable specific plan, or other site-specific discretionary planning approvals.
   2. Properties listed, or eligible for listing, on the National Register of Historic Places, or properties otherwise deemed of local historic significance by the Zoning Administrator, provided that the visual impact of the proposed facility cannot be mitigated.
   3. A site of archeological significance, including but not limited to Native-American religious sites, if such facilities will cause a disturbance to the site.
   4. An environmentally sensitive site providing habitat to a special status animal or plant species, or containing wetlands, vernal pools, 100-year floodplains, etc., if such facilities will cause a disturbance to the site.
   5. Within a 100 ft. vertical distance of any major ridgeline and a 50 ft. vertical distance from any minor ridgeline within the City and its sphere of influence, and provided that the telecommunications tower does not extend above the ridgeline seen as a backdrop to the facility, as seen from vantage points specified by the Zoning Administrator.
3. Preferred sites. The following is a list of preferred sites for locating telecommunications structures:
   1. Any new facility co-located on an existing approved telecommunications structure or on a building roof or facade already containing approved antennas, often broadcasting at different frequencies and operated by different providers.
   2. Any new facility located on an existing tall building or structure provided it is positioned strategically and not visible from the public right-of-way and designed to fully mitigate its visual impacts.
   3. Located in properties zoned for Commercial, Office, Industrial, Medical, Public and Semi-Public uses.
   4. Located on existing structures including, but not limited to, PG&E towers, light poles, water tanks, bell towers, existing flagpoles, etc.
   5. Located on a City-owned property used or designated for public/semi-public use as deemed appropriate by the Zoning Administrator.
4. PG&E transmission line corridor. Telecommunications facilitates proposed within the PG&E transmission line easement shall comply with the following minimum standards:
   1. The proposal shall include design mitigation strategies to avoid an “antenna farm” effect and reduce visual impacts to the adjoining neighborhoods. These strategies may include, but are not limited to, strategically positioning of the antennas, placement of smaller antennas, limiting the number of antennas per PG&E tower, stealth antenna design, decorative landscaping, etc. In addition, the City may require participation in any existing master landscaping plan for the PG&E corridor.
   2. The proposal shall specify any new lighting, parking and/or noise associated with the project and applicable mitigation measures submitted for the Zoning Administrator review.
   3. All equipment shelters shall be screened from view. Screening methods may include a combination of decorative landscaping and fencing.
   4. The Zoning Administrator may require additional site improvements on the property or nearby to further mitigate for the visual effects of the antennas. These mitigation measures may include, but are not limited to landscaping improvements along the boundaries of PG&E property and residential properties, decorative fencing, public art, etc.

Effective on: 1/1/1901

All wireless telecommunications facilities not specifically exempted from these regulations in accordance to this Ordinance are subject to one of the following permitting requirements:

1. Minor Use Permit. Telecommunications facilities meeting all the applicable standards of this Subsection require Minor Use Permit approval.

   A notice of application will be sent to all property owners within a minimum 300 foot radius of the proposed site. Additional notification may be authorized by the Zoning Administrator consistent with Chapter D6-28 (Use Permits and Minor Use Permits). If neighborhood interest is identified by submittal of a written request for a public hearing, the zoning administrator shall require a Zoning Administrator hearing.

   1. The proposal meets the applicable "preferred sites" criteria in Section D4-43.C;
   2. The proposal presents no visual impact, is completely hidden from right-of-way view, is built below parapet line, or is fully screened and/or mitigated with a stealth design;
   3. The proposal meets the setback and height limit requirements of the applicable zone;
   4. The proposal meets all applicable design and development standards of this section; and
   5. Proposals for utility cabinets (i.e. PG&E, phone company) containing a wireless component for data transmittal if cabinets are placed underground or shielded from view as deemed appropriate by the Zoning Administrator.

      The Zoning Administrator may refer an application that meets these administrative review requirements, to the Architectural Review Board or to the Planning Commission if it is determined that the project may involve a significant design impact or policy issue.

2. Design Review. Applications for telecommunications facilities meeting all of the applicable standards of this Subsection are subject to design review and will be forwarded to the Architectural Review Board.

   A notice of application will be sent to all property owners within a minimum 300 foot radius of the property. Additional notification may be authorized by the Zoning Administrator consistent with Subsection A. If neighborhood interest is identified, the Zoning Administrator may require a Zoning Administrator hearing.

   Standards:

   1. Telecommunications structures or building-mounted antennas extending above the maximum allowed height of a zone by no more than 10 ft.
   2. The proposed facility is architecturally integrated or stealth fully designed as seen from sensitive areas such as residential areas, public right-of-way, scenic vistas and recreational areas;
   3. The proposal includes artificial lighting;
   4. The proposal meets all applicable design and development standards of this section;
   5. Utility cabinets containing a wireless component (i.e. PG&E) proposed within a City right-of-way;
   6. Satellite dishes over one meter in diameter or exceeding the maximum allowed height in residential zones;
   7. Satellite dishes over two meters in diameter in commercial, industrial and office zones; and
   8. Amateur radio antennas exceeding 35 feet, but less than 50 feet in height.

      The Zoning Administrator may refer an application that meets the above design review requirements to the Commission if it is determined that the project may involve a significant design impact, policy issue, or deemed to be highly controversial.

3. Use Permit. A Use Permit application shall be required for all telecommunications facilities meeting any applicable standards of this Subsection. The Commission shall be the decision-maker for the Land Use Permit application.

   The Zoning Administrator shall be responsible for determining whether a project subject to a Use Permit shall also be reviewed by the Architectural Review Board for design recommendations.

   Standards:

   1. Telecommunications facilities projecting over 10 ft. above the maximum zone height;
   2. New telecommunications structures, not meeting the co-location standards and without proper justification as established in Subsection D.1;
   3. Telecommunication facilities visible from the right-of-way which would require design mitigation;
   4. Telecommunications facilities located within residentially zoned properties;
   5. Amateur radio antennas exceeding 50 ft. in height;
4. Modification to approved project. The following modification criteria streamline the process by establishing an appropriate level of review for changes to plans, operating standards, and design of previously approved telecommunications facilities.

   The Zoning Administrator is responsible for making any interpretations required to determine which level of modification is applicable, whether a modification application meets the intent of this Section or if a new application is required.

   1. Minor modification. Any proposed modifications deemed to be in substantial compliance with the original project may be approved administratively if it meets the following applicable criteria:
      1. Changes are consistent with the requirements of this Chapter; Ordinance;
      2. The changes are part of standard maintenance, which could include equipment replacement of substantially equal appearance provided it uses identical technologies. The applicant would be responsible for providing a written statement by the appropriate professional demonstrating compliance with this requirement;
      3. Changes result in an insignificant revision to the floor plan, physical details or site layout not affecting compliance with the original project approval and the provisions of this Ordinance;
      4. The changes are not noticeable or insubstantial such as:
         1. Minor color changes,
         2. Minor landscaping changes,
         3. Minor material specification or architectural detail changes, if of equal or greater quality.
      5. Changes comply with FCC requirements. The applicant would be responsible for demonstrating compliance with this requirement;
      6. Proposal does not reflect changes to a condition of project approval;
      7. Changes do not involve issues of public policy and are not likely to generate neighborhood interest or concern;
      8. If there is an increase in the number of antennas proposed, not to exceed 25 percent the original approval, provided the increase does not create a negative visual impact, and an updated RF Emissions Evaluation Report is submitted specifically addressing the proposed increase;
      9. Proposal does not involve increase of more than 10 percent in antenna height;
      10. Proposal does not reflect changes to an item specifically approved or discussed during the original project hearing as reflected on meeting minutes or tapes; and
      11. Changes meet the intent of original project approval and do not involve significantly different design concepts. Any architectural or design changes shall maintain or upgrade the quality of the original approval;

      The Zoning Administrator shall be responsible for determining which of the submittal materials are necessary for modification evaluation, other than those documents described in this Subsection, in addition to plans demonstrating the proposed change.

   2. Major modification (ARB, ZA or PC). If an application does not meet the criteria to be considered a minor modification as specified in this Section, then the proposal requires a new application.
   3. Modification findings. An approval of a modification to a facility shall adopt findings of fact to include all findings listed in Section F. in addition to the following:
      1. The proposed change is consistent with the original telecommunications facility and does not require the complete redesign and submittal of a new project; and
      2. That the proposed change does not result in lack of compliance with the development standards approved with the original telecommunications facility project.
5. Variance. The applicant of a telecommunications facility proposal not meeting the standards established in this Ordinance is entitled to request a Variance in compliance with Section D6-29 (Variances). The variance process is subject to the Zoning Administrator or Commission review and may be approved, denied, or approved with conditions.
6. Findings for approval or denial. The decision maker, as determined by this ordinance, when approving or denying an application for a telecommunications facility, shall adopt findings of fact.
   1. Findings for approval shall include, but not be limited to:
      1. That the proposed telecommunications facility complies with the intent of this Chapter and shall not result in conditions that would be detrimental to the public health, safety or welfare of the community;
      2. That the facility was designed to protect the visual character of the City of San Ramon, and any adverse visual impacts of development have been mitigated to a level of less than significant;
      3. That the proposal complies with the General Plan and any other land use plan, policies and guidelines adopted by the City including, but not limited to, the Zoning Ordinance and adopted Specific Plans;
      4. That the proposed height of the facility is needed for adequate electromagnetic reception and that a reduced height is not feasible;
      5. That the site is suitable for the type and intensity of development proposed, and that the location, size, design and operating characteristics of the proposed facility are compatible with adjacent uses and natural resources; and
      6. That the proposal complies with the requirements of any other governmental agency with jurisdiction over the installation of a telecommunications facility including, but not limited to, the Federal Communications Commission (FCC) regulations and permit requirements.
   2. The decision-maker may deny an application for a telecommunications facility if it is not consistent with the provisions of this Chapter. If the project is denied, findings for denial shall be adopted.

Effective on: 1/1/1901

1. Noise. All telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to sensitive areas such as residences, schools, churches or hospitals. The use of back-up generators shall be limited to during power outages and for the purposes of maintenance and testing.

   The Zoning Administrator may request a noise analysis to evaluate whether noise attenuation measures are needed when a facility is located within 100 feet of a residence, school, church or hospital, and generates noise levels, measured at the property lines, exceeding those established in Section D3-8 (Performance Standards) as follows:

   1. Maximum 60 dBA during daytime;
   2. Maximum 55 dBA between the hours of 10:00 p.m. and 7:00 a.m. as measured at the closest property line of a residential property; and
   3. Sound levels shall be measured in decibels (dBA). Noise descriptors used for analysis shall be in DNL (Day-Night Average Level) or CNEL (Community Noise Equivalent Level) consistent with the Noise Element of the 2020 General Plan.
2. Interference. All telecommunications facilities, including HAM radio antennas, shall be operated in compliance with Federal Communications Commission (FCC) regulations for signal interference, including, but not limited to, interference with other telecommunications facilities and household electronics (radios, phones, TV’s, etc.;).

   When interference occurs, the Zoning Administrator may require that the carrier responsible for the cell site in question submit an analysis/statement prepared by a licensed Electrical Engineer containing scientific evidence whether the claimed interference is caused by the cell site. If interference is proven to occur, the antenna owner/operator or service carrier shall be responsible for mitigating the effects of the interference. If a reasonable good-faith effort is not made by the antenna owner/operator toward resolving or mitigating the interference problems, revocation proceedings may be initiated.

3. Maintenance & Safety. All telecommunication facilities shall be reviewed and comments provided by the San Ramon Valley Fire Protection District, San Ramon Police Department, and must comply with the Uniform Building Code (UBC) and any conditions imposed by the Building Official, Fire Chief, Police Chief and the Zoning Administrator.

   Telecommunications towers and antennas shall be designed to remain in operation during a disaster. All possible measures to protect against fire, flood, earthquake, etc., shall be made.

   Wireless communication facilities may be required to provide warning signs, fencing, anti-climbing devices, or other techniques to control unauthorized access and vandalism and shall be maintained graffiti free and in good condition. The design of any fencing and anti-climbing devices shall be subject to the Zoning Administrator review and approval, who may at his/her discretion require a maintenance agreement to address these issues.

4. RF Emission Monitoring. Telecommunication facilities, whether operating alone or in conjunction with other facilities shall not generate radio frequency emissions in excess of the standards established by the Federal Communications Commission (FCC) and in compliance with the standards in this Chapter.

   An annual RF exposure report may be required as a condition of approval for all wireless telecommunications projects. The report shall be prepared by a certified NIER Professional and submitted to the Zoning Administrator to ensure that no modifications to the site, surrounding environment, or equipment wear and tear have caused an increase in RF exposure over the years. In the event an increase over accepted levels is detected, the applicant shall be responsible for immediately making all necessary adjustments to comply with FCC standards; otherwise revocation proceedings shall immediately begin.

   An updated RF emission report may be required as part of an administrative ten-year life of approval renewal and for every subsequent ten years required under Section D4-46.C.

5. Confirmation of Height. The Zoning Administrator may require, as a condition of project approval, that a licensed surveyor verify the telecommunications facility height within 60 days of the telecommunications tower, antenna or facility installation. If the height confirmation procedure is requested, the applicant shall be responsible for coordinating the procedure and submit the licensed surveyor’s statement of actual height.
6. Performance and Maintenance Agreement. The City may require, as a condition of project approval, that the applicant for a telecommunications facility enter into a Performance and/or Maintenance Agreement with the City of San Ramon prior to initiating construction.

   The terms of the agreement may include items to ensure compliance with the provisions of this section, as well as a requirement that the applicant post a financial security to ensure that the approved facility is properly installed, maintained and to guarantee that the facility is dismantled and removed in accordance to the provisions of this section.

   The financial security may be a bond or letter of credit acceptable to the City of San Ramon. The amount of the bond shall be based on a cost estimate equal to 125% of building permit evaluation based on the amount needed to return the facility and surrounding area to its original condition.

7. Abandoned Sites. A telecommunication facility shall be removed and the site restored to its prior condition if the business vacates or no longer operates the facility.

Effective on: 1/1/1901

1. Notification. A minimum 10-day notice of public hearing shall be sent to all property owners within a 300-foot radius of the parcel where the proposed facility is to be located. The Zoning Administrator may also require noticing of projects subject to the administrative review process and/or extend the minimum 300-foot radius to include geographic areas immediately outside the 300-foot radius and potentially affected by the project.
2. Appeal. A decision of the Zoning Administrator may be appealed in compliance with Chapter D7-II (Appeals and Calls for Review).
3. Duration of approval. Unless otherwise established in the project’s conditions of approval, all approvals for telecommunications structures shall be valid unless revoked, abandoned or expired as described below City may require an administrative review to verify compliance with original project approval and all applicable provisions of this section to address any operational concerns associated with an approved telecommunication site. Based on the nature of the review an updated RF Emissions Report may be required. The RF Emissions Report shall be prepared by a NIER Professional and submitted to verify compliance with current State and Federal standards.
4. Lapse of approval. The approval of any telecommunications administrative review, Land Use Permit, Design Review or Modification application authorizing installation or changes to a telecommunications structure and related facilities shall become null and void if any of the following occurs:
   1. The project is not implemented/constructed within one-year of its approval, or
   2. The project is implemented/constructed, and its approval has expired, or an extension not granted beyond the original life of project approval. If the facility is co-located with other carriers approved at different dates, a separate expiration date will be applicable to each carrier/applicant according to their original approval dates.
5. Expiration or abandonment of permits. Any discretionary planning approvals shall become null and void if lease or rental agreements pertaining to the property on which the telecommunications structure or related facility is located expires or is terminated, and if the facility is abandoned or use is discontinued for more than six months. After this period, a new permit consistent with the provisions of this ordinance would be required to re-instate the project.
6. Permit revocation. In the event of any breach of this Chapter, conditions of approval, or other required agreements of the permit, the City shall notify the applicant and schedule a revocation hearing in accordance with Division D6 (Planning Permit Procedures).
7. Removal of facilities and change of ownership. The applicant shall be responsible for notifying the Zoning Administrator in writing upon temporary or permanent cessation of operation, or change of ownership of any telecommunications facility. The applicant and/or property owner shall be responsible for removal of all obsolete or unused facilities, or portions thereof, within six months of termination of lease, cessation of operation, permit expiration or revocation. The site shall be restored to its original condition to the satisfaction of the Zoning Administrator.
8. Pre-existing & non-conforming uses or structures. All telecommunications towers and antennas legally approved prior to the date this Chapter was adopted shall be allowed to continue as they presently exist and will be considered legal non-conforming uses and structures, provided that all proper building permits were approved. Some facilities may be considered legal conforming uses and structures depending on the original project approval. However, new construction, other than routine maintenance (as determined by the Director) on the existing facilities, shall comply with the requirements of this Chapter.

   All previous discretionary planning approvals shall only remain in effect until its permit expires, is abandoned or revoked in accordance to the provision of this Chapter.

9. Changes in Federal or State regulations. All telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission (FCC), California Public Utilities Commission (CPUC), and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facilities into compliance with the new standards within 90 days of the effective date of such standards, unless the Federal or State agency mandates a more restrictive compliance schedule. Changes to approved projects are subject to the Modification process in accordance with this Chapter.

   Failure to comply with adopted new State or Federal requirements shall trigger the revocation procedure in accordance to Subsection F.

10. Map and list of locations. The City will maintain a map of telecommunications facilities within the city and shall make the information readily available to the public. The facilities mapped shall include those which were subject to the discretionary review process of this Chapter and were ultimately approved and constructed.

    Facilities approved and installed prior to the adoption of this Ordinance will be included in the map to the best of staff’s knowledge. It is the responsibility of the telecommunications providers to inform the City of their pre-existing facilities and any changes in the carrier’s status including name, ownership, and whether the wireless business/facility has been discontinued.

11. Indemnity and liability. The telecommunications service provider shall defend, indemnify and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceedings against the City, its boards, commissions, agents, officers, and employees to attack, set aside, void, or annul the approval of a project. The City shall notify the telecommunications service provider of any such claim, action or proceeding. The City shall have the option of participating in the defense, if the City bears its own attorney fees and costs, and the City defends the action in good faith.

    Telecommunications service providers shall be strictly liable for any and all sudden and accidental pollution and gradual pollution from usage of their service/facilities within the City. This liability shall include cleanup, injury or damage to persons or property. Additionally, telecommunications service providers shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of release of pollutants from their operations.

    Telecommunications service providers shall be strictly liable for any and all damages resulting from electromagnetic waves or radio frequency emissions in excess of the Federal Communications Commission (FCC) standards.

12. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications of the ordinance. To this end, the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.

Effective on: 1/1/1901

Effective on: 1/1/1901

The intent of these regulations is to establish a non-discretionary process for homeless shelters that will be permitted within a zone district to meet the requirements of Senate Bill 2 enacted on October 13, 2007.

Effective on: 1/1/1901

1. Permit required. Prior to operating a homeless shelter, a non-discretionary homeless shelter permit shall be obtained and all other applicable local, State and federal laws, regulations and codes shall be met. The approval shall be specific to a location and shall not be transferable to any other location. The application shall be on a form prescribed for that purpose, and shall include the written consent of the property owner on which the shelter is to be located.
2. Permit Review and Approval. Once an application has been accepted as complete, the Zoning Administrator shall take action within thirty (30) days. The application shall meet all standards as identified in D4-57 (Homeless Shelter Standards), below.
3. Contents of application. An application for a non-discretionary homeless shelter shall contain the information as outlined by the Zoning Administrator with the General Submittal Requirement List.

Effective on: 1/1/1901

All homeless shelters shall comply with all applicable State standards and requirements for homeless shelters. In addition, all homeless shelters shall comply with the following standards:

1. A.
   Shelter Occupancy.

   1. 1.
      No more than 6 clients may be sheltered on the premises at any one time.
   2. 2.
      The maximum length of stay shall be no longer than that established by the California Health and Safety Code for homeless shelters.
2. B.
   Parking. Adequate parking shall be provided for employees and clients of the homeless shelter in accordance with the following standards:

   1. 1.
      One off-street parking space shall be provided per employee (by shift).
3. C.
   Site Design. The site shall be designed in accordance with the following standards:

   1. 1.
      The shelter shall conform to all property development standards of the subject zone.
   2. 2.
      New construction or exterior alterations shall be reviewed under the provisions of Division D6-22 (Architectural Review).
   3. 3.
      The shelter shall provide at least 10 square feet per bed of public or communal gathering space, not including hallways.
   4. 4.
      The entrance of the shelter shall be designed to discourage clients from loitering or congregating in front of the building.
4. D.
   On-site Management. On-site management shall be present during shelter operating hours.
5. E.
   Overconcentration. A shelter shall be a minimum of 300 feet from any other legally established shelter. The 300 foot minimum distance shall be measured from the subject site property lines to the property lines of any other legally established homeless shelter.
6. F.
   Noise. The applicant shall address noise impacts on neighboring properties consistent with the noise standards of the City.
7. G.
   Security and Lighting Plan.

   1. 1.
      Prior to operation of the shelter, a security and lighting plan must be submitted to the Zoning Administrator for review and approval. The security plan shall include, but is not limited to: hours of operation and intake period; must provide at least one employee/volunteer of same sex as clients; alcohol, weapons, or illegal substances shall not be allowed; and the operator must notify the Police Department of any crimes that are a threat to the safety of others or to themselves.
   2. 2.
      The shelter shall provide outdoor lighting sufficient to provide illumination and clear visibility to all outdoor areas, with minimal shadows or light leaving the property. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood.
   3. 3.
      If shelter client is disruptive or is responsible for creating any type of nuisance to the neighborhood or facility, the operator must discharge the client.

(Ord. No. 534, § 1 (Exh. A-3), 10/14/2025) 

Effective on: 11/13/2025

1. Appeals. Decisions of the Zoning Administrator may be appealed to the Planning Commission in accord with Division D7, Chapter II (Appeals and Calls for Review).
2. Revocations/Modifications. A homeless shelter permit may be subject to revocation or modification pursuant to Division D7 (Zoning Ordinance Administration).

Effective on: 1/1/1901

Effective on: 1/1/1901

The purpose of this Section is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter “fair housing laws”) in the application of zoning laws and other land use regulations, policies, and procedures.

Effective on: 1/1/1901

1. Applicability. To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this chapter when the application of a zoning or other land use regulation, policy or practice under this title acts as a barrier to fair housing opportunities. A request for reasonable accommodation shall be made by filing an application as described in Subsection C.

   A reasonable accommodation request may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity for housing of their choice.

2. Permitting authority. Subject to the provisions of Division D6 (Planning Permit Procedures), of the Zoning Ordinance, the Zoning Administrator is authorized to approve, approve with conditions, or deny applications for reasonable accommodations. An application for reasonable accommodation submitted for concurrent review with another entitlement under this title shall be reviewed by the authority reviewing the other entitlement.
3. Application requirement. An application for reasonable accommodation shall be submitted to the Planning Services Division. The application shall be accompanied by the information identified in the Department handout for reasonable accommodation applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection E (Required findings), below.
4. Review procedure. The Zoning Administrator, or his designee, shall, within 20 days of acceptance of the application as complete, approve, approve with conditions, or deny an application for reasonable accommodate in accordance with Subsection E (Required Findings),below. If the application for reasonable accommodation is submitted for concurrent review with another entitlement under this title, the decision shall be made by the authority taking action on the other entitlement under this title in accordance with Subsection E (Required Findings), below.
5. Required findings. The Zoning Administrator may approve a reasonable accommodation application, with or without conditions, only after first finding that:
   1. The housing will be used by a disabled individual(s) under fair housing law;
   2. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under fair housing law;
   3. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City;
   4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning;
   5. No detrimental impact would result aesthetically;
   6. No detrimental impacts to surrounding uses, properties, and/or structures; and
   7. No practical alternative exists which may provide an equivalent level of benefit.
6. Conditions of approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required in Subsection E, above.
7. Post decision procedures. The procedures and requirements relating to changes to approved plans, effective dates, lapse of approval and extensions, and transferability located in Division D6, Chapter III (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation/ modification located in Division D7 (Zoning Ordinance Administration), shall apply following the decision on an application for reasonable accommodation.

Effective on: 1/1/1901

Effective on: 1/1/1901

This Chapter provides standards for the raising of chickens (hens only, roosters are prohibited) for personal and non-commercial purposes within applicable residential properties. Standards for the raising of chickens for commercial purposes are not included in this Chapter and are defined as “Animal Husbandry”.

Effective on: 1/1/1901

1. Permitted Areas. The raising of chickens is permitted within residential properties with a lot size of 6,000 square feet or greater and have direct access to a private yard.
2. Number of Hens. Up to five (5) hens may be allowed.
3. Chicken Coop. A chicken coop or a structure for housing chickens shall meet the following standards:
   1. A chicken coop shall be located in the backyard and shall meet the minimum required setback of the primary residence. See Figure 4-1 for an example chicken coop area.
   2. The maximum height of a chicken coop shall be no taller than six (6) feet.
   3. A chicken coop shall be:
      1. Thoroughly ventilated and fully enclosed with a solid roof; and
      2. Designed and constructed in a manner that the flock can be securely contained; and
   4. If a chicken coop or a structure for housing chickens is over four (4) feet in height, whether it is an individual structure or an integral part of other structures, the floor area of such a structure for housing chickens is subject to Zoning Ordinance section D4-26.E.1 (Maximum total floor area of accessory structures).

Figure 4-1 – Example Chicken Coop Area

Effective on: 1/1/1901

Effective on: 1/1/1901

The purpose of this Chapter is to implement the requirements of Government Code 65915 et seq. (“State Density Bonus Law”) by offering density bonuses, incentives, concessions or waivers for the development of housing that is affordable to the types of households and qualifying residents identified in Government Code Section 65915.

(Ord. No. 522, § 6, 12/12/2023)

Effective on: 1/11/2024

Unless otherwise specified in this Chapter, the definitions found in State Density Bonus Law shall apply to the terms contained herein.

Effective on: 1/1/1901

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

    

   In accordance with State law, neither the granting of an incentive, concession, and/or waiver, nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning amendment, variance, or other discretionary approval.
2. B.
   Compliance. The applicant shall comply with all requirements stated in California Government Code §§ 65915 through 65918. The requirements of California Government Code §§ 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.
3. C.
   Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code §65915.
4. D.
   Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of California Government Code § 65915. Any changes to California Government Code § 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this Article conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this Section. Any ambiguities in this Section shall be interpreted to be consistent with State Density Bonus Law.
5. E.
   Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code § 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein.
6. F.
   Permitting Authority. Subject to the provisions of Division D7 (Zoning Ordinance Administration), of the Zoning Ordinance, application for a density bonus, incentive(s), concession(s), and/or waiver(s) shall be considered by and acted upon by the decision-making body with authority to approve the housing development. 

(Ord. No. 522, § 6, 12/12/2023)

Effective on: 1/11/2024

1. A.
   Written Application. Applicants requesting a density bonus, incentive(s), concession(s) and/or waiver(s) shall provide the City with a written density bonus proposal. The proposal shall be processed in conjunction with the underlying application(s) and reviewed for compliance with State Density Bonus Law.
2. B.
   Submittal Requirements. The proposal for a density bonus, incentive(s), concession(s) and/or waiver(s) pursuant to State Density Bonus Law shall include the following information:

   1. 1.
      Requested density bonus. A description of the requested density bonus including calculations showing the maximum base density, the number/percentage of market rate and affordable units and identification of the income level at which such units will be restricted pursuant to State Density Bonus Law, proposed unit sizes and number of bedrooms, and the proposed method of ensuring the continued availability of density bonus units. 
   2. 2.
      Requested incentive(s) or concession(s). A description of the requested incentive(s) or concession(s) including the number of incentive(s) or concession(s) allowed pursuant to State Density Bonus Law.

   3. 3.
      Requested waiver(s). The written proposal shall include an explanation of the waiver(s) or reduction of development standards requested and why they are necessary to make the construction of the project physically possible.
   4. 4.
      Parking. The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with California Government Code § 65915(p), as that section may be amended from time to time.
   5. 5.
      Physical Constraints. Except as restricted by California Government Code § 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:

      1. a.
         The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;
      2. b.
         The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of § 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
      3. c.
         The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
      4. d.
         The waiver or reduction of the development standard would be contrary to state or federal law.
   6. 6.
      Fee. Payment of the processing fee in an amount set by resolution of the City Council to reimburse the City for staff time spent reviewing and processing the density bonus application submitted pursuant to this Chapter.

(Ord. No. 522, § 6, 12/12/2023)

Effective on: 1/11/2024

1. A.
   Density Bonus Housing Agreement. For all housing projects receiving a density bonus, incentive(s), concession(s) and/or waiver(s) under this Chapter, a density bonus housing agreement shall be entered into by the City and applicant/property owner. The density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this Chapter and shall be recorded as a deed restriction on any parcel on which the residential units will be constructed.
2. B.
   Recording of Agreement. The density bonus housing agreement shall be recorded prior to the final or parcel map approval, or, where a map is not being processed, prior to the issuance of a building permit for any structure in the housing development.

   The agreement shall run with the land and be binding on all future owners and successors.

3. C.
   Contents of Agreement. The density bonus housing agreement shall include, but is not limited to the following:

   1. 1.
      A description of the development, including the total number of units, the number of affordable units, the tenure of the affordable units, the size in square footage and location of affordable units;
   2. 2.
      The term of the agreement and the terms of affordability of the required units in accordance with State Density Bonus Law;
   3. 3.
      A schedule for completion and occupancy of the affordable housing units in accordance with State Density Bonus Law;
   4. 4.
      A description of any incentives, concessions, waivers, or modifications of development standards being provided by the City;
   5. 5.
      Provisions to ensure each affordable unit be kept available only to members of the identified income group at the maximum affordable rent or sales price during the term of the agreement; and
   6. 6.
      Provisions to ensure implementation and compliance with this Chapter

Effective on: 1/11/2024

Effective on: 1/1/1901

This Chapter provides standards for residential beekeeping for personal purposes as a hobby within applicable residentially zoned properties.

(Ord. No. 534, § 1 (Exh. A-3), 10/14/2025)

Effective on: 11/13/2025

1. A.
   Permitted Areas. Beekeeping and Apiaries for personal purposes as a hobby are permitted within residential properties on lots of at least 6,000 square feet and with access to a private yard within the Single-Family Residential (RS), Rural Conservation (RC), Hillside Residential (HR), and Residential Estate (RE) zones.
2. B.
   Number of Hives. Up to two hives are allowed on a lot of at least 6,000 square feet. One additional hive is allowed for every 2,500 square feet of lot area. A maximum of 10 hives shall be allowed on any residential property.
3. C.
   Setbacks and Height Limits. Beekeeping and apiary structures shall be located in the rear or side yard with a minimum 6 feet from the side and rear property lines and a minimum of 25 feet from the front property line. The maximum height of a beehive and apiary structure shall be 6 feet, measured from the ground level where the structure is located to the top of the structure.
4. D.
   Flyaway Barrier. A beehive located less than 100 feet from a neighboring structure, or outdoor living area, including swimming pools, shall provide a flyaway barrier. The flyaway barrier shall be:

   1. 1.
      A minimum of 6 feet in height, consisting of a solid wall or fence or dense vegetation, and
   2. 2.
      A minimum of 20 feet long, centered on and perpendicular to the shortest line that could be drawn between the hive and the neighbor’s residence or outdoor living area.
5. E.
   Water. A convenient source of water shall be made available to the bees at all times during the year so that the bees are not encouraged to visit other water sources where they may cause human or domestic pet contact.

(Ord. No. 534, § 1 (Exh. A-3), 10/14/2025)

Effective on: 11/13/2025

Solar Energy System means either:

1. Any solar collector whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

(CA Civil Code Section 801.5)

Effective on: 1/1/1901

Solar Collectors include:

1. Solar Photovoltaic (PV) System,
2. Building Integrated Photovoltaics (BIPV),
3. Solar Thermal Panels, and like systems; or
4. other solar energy device

Effective on: 1/1/1901

Small Residential Rooftop Solar Energy System means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, and meets all applicable safety and performance standards established by the State.
3. A solar energy system installed on a single or duplex family dwelling unit
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction

Effective on: 1/1/1901

2. Protection of solar access. A structure, fence, or wall shall not be constructed or modified in a residential zone, and vegetation may not be placed or allowed to grow after the effective date of this Chapter, so as to obstruct more than 10 percent of the absorption area of a solar energy system on a neighboring parcel at any time.
3. Solar Energy System design and installation standards. Solar energy system, except Small Residential Rooftop Solar Energy System, shall be designed and installed in compliance with the following standards:

   1. Solar collectors.

      1. Roof-mounted collectors shall be placed in the location least visible from public streets without reducing the operating efficiency of the collectors, unless they are integrated into the design of the structure as an architectural element.
      2. Wall-mounted and ground-mounted collectors shall be screened from public view.
      3. Roof-mounted collectors shall be mounted at the same angle or as close as possible to the pitch of the roof.
   2. Appurtenant equipment. Equipment appurtenant to solar collectors, including plumbing, and related fixtures, shall be installed within a structure on which the collectors are mounted, where feasible, or shall be screened from public view. Appurtenant equipment outside of a building shall comply with applicable setback requirements.
   3. Accessory fixtures. Large accessory fixtures that generally require exposure (e.g., storage tanks) shall be screened through architectural features that harmonize with other elements of the structure.
   4. Exterior finishes. Where feasible, exterior surfaces should have a matte finish and should be color-coordinated to harmonize with roof materials or other dominant colors of the structure.

Effective on: 1/1/1901

Short-term rental (STR). A dwelling that is leased or rented in full or in part for the purpose of overnight lodging for less than thirty (30) consecutive day terms. Short-term rentals are not considered home occupations for permitting and are treated separately.

Effective on: 1/1/1901

Bed and Breakfast Inn (B&B). A residential structure with one or more bedrooms rented for overnight lodging throughout the year, where meals may be provided subject to applicable Environmental Health Department regulations.

Effective on: 1/1/1901

Dwelling. Any structure, or any portion of any structure, which is occupied or intended or designed for exclusively residential occupancy by transients for habitation, lodging or sleeping purposes. Dwellings include single-family and multifamily uses, but do not include a hotel, motel or boarding house.

Effective on: 1/1/1901

Transient. Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of twenty-nine (29) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a short term rental shall be deemed a transient until the period of twenty-nine (29) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.

Effective on: 1/1/1901

Occupancy. The use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any dwelling for habitation, lodging or sleeping purposes.

Effective on: 1/1/1901

Operator. The person who is proprietor of the bed and breakfast inn or short term rental, whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this Chapter by either the principal or the managing agent shall, however, be considered to be compliant by both.

Effective on: 1/1/1901

Person. Any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

Effective on: 1/1/1901

Rent. The consideration charged, whether or not received, for the occupancy of space in a short-term rental valued in money, whether to be received in cash, credits and property and services of any kind or nature.

Effective on: 1/1/1901

Hosted short-term rental. The renting of a room or portion in a dwelling in which the Operator is living onsite and actively managing the activities that occur on the property.

Effective on: 1/1/1901

Un-hosted short-term rental. The renting of a whole dwelling, room(s) or property in which the Operator is not onsite to manage the activities that occur on the property, but has provided a local contact to address potential issues.

Effective on: 1/1/1901

2. Bed and Breakfast Inns.
   1. Owner occupancy required. A bed and breakfast inn shall be operated by the property owner living on the site. This requirement may be waived by the Planning Commission.
   2. Limitation on number of guest rooms. A bed and breakfast inn shall be limited to a maximum of six guest rooms for lodging.
   3. Signs. Signs shall be limited to a single sign with a maximum area of six feet. The face of the sign may be indirectly illuminated by an exterior light source entirely shielded from view, but no internal illumination from an interior light source shall be permitted.
3. Short-Term Rentals
   1. Registration Required. It is unlawful for any person to operate a short-term rental within any residential district as defined by Division D2 (Allowable Land Uses and Zoning Standards) in the City without first registering the short term rental pursuant to this section.
   2. Registration Application Requirements. Each short-term rental shall be registered annually with the City or by completing a City-provided registration form containing the following information:
      1. The physical address and type of the short-term rental (hosted or un-hosted).
      2. The name, address, telephone number, and signature of the property owner of the short-term rental for which the registration is sought.
      3. The name, address, telephone number, and signature of the short-term rental operator (if different than the property owner) who will be responsible for operating the rental.
      4. The name and telephone number of local contact person(s) who can be available twenty-four (24) hours a day to accept telephone calls and respond physically to the short-term rental within thirty (30) minutes when the short-term rental is rented.
      5. The number of bedrooms in the short-term rental which will be used to calculate the occupancy limit for the short-term rental when it is being rented in full or in part.
      6. Acknowledgement that the owner/operator shall include the City short-term rental registration number provided with the proof of registration on any written advertisements (whether in paper or electronic form) for use of the short-term rental.
      7. Acknowledgement that all construction at the property containing the short-term rental was conducted in compliance with building codes applicable at the time.
      8. Acknowledgement that the short-term rental does and shall comply with all Terms of Use requirements set forth in Subsection D below.
      9. Proof of insurance that demonstrate that the property is insured for the use of a short-term rental.
      10. Acknowledgement of the requirement to hold harmless, indemnify and defend the City and staff against claims and litigations arising from or related to the issuance of the short-term rental registration.
4. Terms of Use/Conditions of Operation. In the registration filed with the City, the owner and Operator (if different from the owner) shall acknowledge the following requirements and conditions:
   1. When any portion of the short-term rental is rented, the total maximum occupancy of the dwelling containing the short-term rental is limited to the maximum number specified on the proof of registration. That maximum is calculated as follows: two (2) adults per bedroom.
   2. The short-term rental shall not be rented for the purpose of holding special events such as weddings, conferences, parties, etc.
   3. All short-term rentals shall be associated with a habitable structure/dwelling. No tents, RVs or camping shall be allowed as a short-term rental.
   4. The owner/operator of a short-term rental on any given lot may only arrange for one rental contract to take place at any given time on that property.
   5. The short-term rental owner and operator are jointly responsible for ensuring the short-term rental complies with all local, state and federal health and safety requirements, including those regarding smoke detectors, fire alarms and fire extinguishers.
   6. The short-term rental owner and operator are jointly responsible for compliance with all City regulations including those regarding noise, property maintenance, trash and occupancy.
   7. Parking for short-term rentals shall utilize the onsite parking (garage and driveway), as provided for by the property design and layout. Street parking shall be utilized only after the onsite options have been exhausted. No oversized vehicle shall be parked on the property associated with a short-term rental and there shall be no parking on landscape areas.
   8. No signage shall be permitted in association with short-term rentals.
   9. The Operator shall register with the City for the collection and remittance of Transient Occupancy Taxes (TOT) associated with the operation of the short-term rental. The Operator shall be responsible for annual payments of TOT less any TOT payments collected by host websites which are subject to a separate agreement with the City.
   10. The short-term rental registration is non-transferable.
   11. The Operator shall be responsible for providing the renter copies of the Terms of Use, any additional house rules, and ensuring compliance with those standards.
   12. The renting of un-hosted short-term rentals shall be limited to a maximum of 12 weeks per year. Hosted short-term rentals, with onsite live-in Operators, are not subject to specific limitations on the renting of rooms, etc.
   13. No short-term rentals shall be allowed within a dwelling unit that is subject to an affordable housing agreement which restricts the dwelling unit from being rented.
   14. Any modification, improvements and conversions within the dwelling unit shall be made in compliance with the Uniform Building Code and subject to the building permitting process.
5. Application Review. The Director (or designee), shall be responsible for reviewing the site conditions and verifying the veracity of the information provided on the registration applications. Based on that review, the Director shall have the authority to impose additional conditions on the Terms of Use based on site conditions or other concerns that result from the application review. Any additional conditions imposed by the Director may be appealed to the Planning Commission.
6. Registration and Renewal Fee Required. At the time of registration or renewal, the owner/operator shall pay a registration fee in an amount set from time to time by Resolution of the City Council to reimburse the City for the cost of processing the registration. Registration shall be initiated only upon the successful payment of the registration fee and a complete registration packet. An annual renewal application and fee shall be submitted 30 days prior to the expiration of the current short-term rental registration. The registration and renewal fees are non-refundable.
7. Enforcement. Violations of this Section may be enforced pursuant to TITLE B of the Municipal Code. Upon a determination of a violation of the short-term rental standards or the determination that the operation of the short-term rental constitutes a public nuisance, a public hearing may be scheduled by the Zoning Administrator to consider revocation of the registration and the ability to operate a short-term rental at the subject property per Section D7-32 of the Zoning Ordinance. A revoked short-term rental registration shall not be considered for re-issuance for a period of 12 months following the effective date of the revocation.

(Ord. No. 496, § 2, 01/28/2020) 

Effective on: 2/27/2020

Vendor. A person with a current business license who sells, or offers to sell any type of merchandise, including food, beverages or edibles of any type whether hot, cold, fresh, prepared or packaged, from a mobile food truck, or at an approved location other than within a building or structure constructed on a permanent foundation that is rented, leased, or owned by that person.

Effective on: 1/1/1901

Vending. Selling or offering to sell any type of merchandise, including food, beverages or edibles of any type, at any location other than within a building or structure constructed on a permanent foundation, which is rented, leased, or owned by the person selling or offering to sell the merchandise.

Effective on: 1/1/1901

Vending equipment. Includes, but is not limited to any materials, merchandise, tools, vehicles, carts, tables, chairs, or other items owned by, in the possession of or associated with a licensed vendor.

Effective on: 1/1/1901

1.   
   3. 3.

      Permits required.

      1. a.
         Where permitted. The outdoor vending land use may occur only where allowed by the allowable land use tables in Division D2 for the specific zone applicable to the site.
      2. b.
         Business License. Every vendor shall obtain a City Business License prior to operation.
      3. c.
         County Health Department. If food and/or beverages are being sold, a valid permit from the County Health Department is required.
      4. d.
         Building and Fire Departments. All necessary permits and approvals from the Building and Fire Departments shall be obtained prior to operation of a vending business.
      5. e.
         Permit and license display. At all times while vending, a valid Business License and Permit shall be displayed at the vending site.
      6. f.
         Adverse Impacts. The Zoning Administrator may impose conditions of approval on the Permit to prevent adverse impacts on surrounding uses.
   4. 4.
      Location criteria and hours of operation.

      1. a.
         Hours. Hours of operation for vending businesses shall be as determined by the Permit.
      2. b.
         Vendors shall not operate:

         1. 1.
            at a location where space for pedestrian passage will be reduced to less than four feet;
         2. 2.
            at a location which obstructs access to any entrance to any building or facility used by the public, including but not limited to doors and emergency exits;
         3. 3.
            within 10 feet of any handicap access ramp, pedestrian crosswalk, or fire hydrant;
         4. 4.
            within any landscaped area;
         5. 5.
            within the public right-of-way including streets and sidewalks;
         6. 6.
            within 100 feet of the frontage of a store or restaurant selling food and/or beverages for on-site consumption, in the case of a vendor selling food and/or beverages; or within 100 feet of the frontage of a store selling a similar commodity, in the case of a vendor selling commodities other than food and/or beverages;
         7. 7.
            within a public park or recreation area, except when licensed by the City as a concessionaire or when authorized by the City to vend at special events; and
         8. 8.
            within 200 feet of another approved vending location.
   5. 5.
      Standards and design criteria.

      1. a.
         Vendors shall maintain their immediate sales location in a clean and hazard free condition; failure to so maintain and failure to clean the vending location of all waste shall be cause for revocation of the Use Permit.
      2. b.
         Vendors selling food and/or beverages shall maintain garbage container(s) immediately adjacent to the vending location for use by customers.
      3. c.
         No vendor shall use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of a vending operation.
      4. d.
         No vendor shall sell any merchandise to any person who is in a motor vehicle at the time of sale.
      5. e.
         Every food vendor shall be required to have a written agreement giving the vendor the right to use permanent sanitary facilities located no more than 200 feet from the approving vending location.
      6. f.
         No off-site signage advertising the vending operation is permitted.
      7. g.
         The maximum sign area is eight square feet per vendor.
      8. h.
         All signage shall be located on the vending equipment.
      9. i.
         Vending equipment shall be easily moved and self-supporting; at no time shall vending equipment be attached, tied, or locked to trees, hydrants, or other permanent vertical structures or benches.
      10. j.
          After the permitted hours of operation, all vending equipment shall be stored off-site or within an enclosed structure on-site.
      11. k.
          No vendor shall sell alcoholic beverages.
      12. l.
          Vendors cooking food shall maintain a fire extinguisher at the vending location at all times.
      13. m.
          Vendors operating within a parking lot shall not inhibit traffic circulation and shall maintain the minimum required on-site parking stalls during operation.
   6. 6.
      Exceptions. The Zoning Administrator may grant minor exceptions to the regulations contained in Subsections D. and E. above, provided that the Required Findings can still be made.
   7. 7.
      Contents of application. An application shall contain the information as required by the Zoning Administrator.
   8. 8.
      Findings required. The Zoning Administrator shall make the following findings:

      1. a.
         The proposed vendor operation will maintain location and separation standards at all times.
      2. b.
         The vending equipment and operation will be aesthetically pleasing
      3. c.
         The vending operation will not adversely impact automobile and pedestrian safety, and will have minimal impacts on parking.

(Ord. No. 534, § 1 (Exh. A-3), 10/14/2025) 

Effective on: 11/13/2025

Mobile Home: A Mobile Home means a Manufactured Home as defined in the California Health and Safety Code Section 18008, which is a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight feet or more in width, or 40 feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. (Recreational Vehicles are not classified as Mobile Homes.)

Effective on: 1/1/1901

Tiny House: A Tiny House is considered as a Recreational Vehicle when it is designed and built on a single chassis to be towed and used as a dwelling unit, provided that it contains less than 320 sq. ft. of interior living room area including wardrobe, closets, cabinets, kitchen fixtures, and bath or toilet room (see Section D3-41 E.). If a Tiny House is designed and constructed on a permanent foundation with a minimum floor area of 150 sq. ft. including a kitchen sink, cooking appliance and refrigeration facilities, it is considered as an efficiency unit (see Section D4-39 Accessory Unit).

Effective on: 1/1/1901

Mobile Home Park: A Mobile Home Park is a site planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

Effective on: 1/1/1901

3. C.
   General Requirements

   1. 1.
      Mobile home parks are allowed by Division D2 (Allowable Land Uses and Zoning Standards) and shall comply with the requirements of this Section, except:

      1. a.
         On substandard lots that do not meet the dimensional standards of Division D2.; or
      2. b.
         On lots with an average slope of more than 10 percent, or on any portion of a lot where the slope exceeds 15 percent.
   2. 2.
      A mobile home may be used for residential purposes if:

      1. a.
         Such a mobile home has been approved with an Architectural Review application as a primary structure in an R zone; or
      2. b.
         Such a mobile home has been approved with an applicable building permit as an Accessory Dwelling Unit in an R zone; or
      3. c.
         Such a mobile home has been approved with a Minor Use Permit by the Zoning Administrator as caretaker housing for their locations in an AG zone or PS zone.
   3. 3.
      Mobile homes may be used for temporary uses, subject to the requirements of a Temporary Use Permit issued under Chapter D6-27 (Temporary Use Permits).
4. D.
   Design Criteria

   The location and design of mobile homes for permanent installation shall comply with the following criteria in order to protect neighborhood integrity, provide for harmonious relationship between mobile homes and surrounding uses, and minimize problems that could occur as a result of locating mobile homes on residential lots.

   1. 1.
      Installation of mobile homes shall be consistent with the same restrictions on density and to the same property development standards and shall meet the following standards:

      1. a.
         A mobile home must have been constructed on or after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Act of 1974;
      2. b.
         A mobile home must be built on a permanent foundation approved by the Chief Building Official;
      3. c.
         The unit's skirting must extend to the finished grade;
      4. d.
         Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited;
      5. e.
         The roof must have a pitch of not fewer than three inches vertical rise per 12 inches horizontal distance; and
      6. f.
         The roof must be concrete or asphalt tile, shakes or shingles complying with the most recent edition of the Uniform Building Code fire rating.
   2. 2.
      For a mobile home park, or in a case where a mobile home is used as the primary structure on a single-family residential property, mobile homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

      1. a.
         Each mobile/manufactured home (once assembled) must be at least 24 feet wide;
      2. b.
         The roof should have eaves or overhangs of not less than one foot, unless it would be incompatible with the existing architectural characteristics of the community;
      3. c.
         Required covered parking shall be compatible with the mobile home design and with other buildings in the area.
   3. 3.
      If a mobile home is used as an Accessory Dwelling Unit, as per Section D4-39 of this division, the location and the size shall be consistent with the applicable setback requirements for the subject property and shall be compatible in design and appearance with the primary residential structure on the subject property.
5. E.
   Surrender of State Vehicle Registration

   Whenever a mobile home is installed on a permanent foundation, any registration of said mobile home with the State of California shall be surrendered, pursuant to California Health and Safety Code Section 185519. Prior to issuance of any certificate of occupancy for the use of the mobile home, the owner shall provide the Chief Building Official with an evidence showing that the state registration of the mobile home has been or will be surrendered with certainty. If the mobile home is new and has never been registered with the state, the owner shall provide the Chief Building Inspector with a statement to that effect from the dealer selling the mobile home.

(Ord. No. 534, § 1 (Exh. A-3), 10/14/2025) 

Effective on: 11/13/2025

Recyclable Material. Reusable material including, but not limited to metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable Material may include electronic waste and universal waste provided that it is collected, handled, transported and recycled in accordance with California Universal Waste Regulations. Recyclable material does not include clothing and small goods covered under D4-37(A)(5) or refuse or hazardous materials, but may include used motor oil collected and transported in accordance with California Health and Safety Code Sections 25250.11 and 25143.2(b)(4).

Effective on: 1/1/1901

Recycling Facility. A center for the collection and/or processing of recyclable materials.

Effective on: 1/1/1901

A Certified Recycling Facility or Certified Processor. A recycling facility certified by the California Department of Resources Recycling and Recovery (CalRecycle) as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.

1. Collection Facility. A center for the acceptance of donation, redemption, or purchase of recyclable materials from the public.
   1. Small collection facilities occupy less than 500 square feet and may include:

      - A mobile unit;

      - Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;

      - Kiosk-type units that may include permanent structures; or

      - Unattended containers placed for the donation of recyclable materials.

   2. Large collection facilities occupy more than 500 square feet and may include permanent structures as well as mobile units, bulk reverse vending machines, Kiosk-type units.
2. Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
   1. A light-processing facility occupies less than 45,000 square feet and includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.
   2. A heavy-processing facility is any processing facility larger than a light-processing facility.

Effective on: 1/1/1901

Reverse Vending Machine. An automated mechanical device that accepts at least one or more types of empty containers including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine.

1. A single-feed revenue vending machine is designed to accept individual containers one at a time.
2. A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight.

Effective on: 1/1/1901

Mobile Recycling Unit. An automobile, truck, trailer, or van and appurtenant bins, boxes or containers used for the collection of recyclable materials.

Effective on: 1/1/1901

Unattended Donation and Collection Boxes. Unattended donation and collections box or bin means any unattended container, receptacle, or similar device that is located on any lot within the City and that is used for soliciting and collecting donations of clothing or other small scale salvageable personal property. This term does not include recycle bins for the collection of “recyclable material” as defined by Section D4-37 A. (1) or any unattended donation or collection box located inside a building.

Effective on: 1/1/1901

2. B.
   Permits required. No person shall place, construct, or operate any recycling facility without first obtaining a permit as follows:

3. C.
   Permits for multiple sites.

   1. 1.
      A Use Permit or Minor Use Permit as indicated in Table 4-3 may be granted to allow more than one reverse vending machine or small collection facility located on different sites under the following conditions:

      1. a.
         The operator of each of the proposed facilities is the same;
      2. b.
         The proposed facilities are determined by the Zoning Administrator to be similar in nature, size and intensity of activity; and
      3. c.
         All the applicable criteria and standards set forth in this Chapter are met for each such proposed facility.
   2. 2.
      Unattended Donation and Collection Boxes shall require a Minor Use Permit for each commercial property or shopping center for which a box or boxes are located.
4. D.
   Design criteria and standards.

   1. 1.
      Reverse vending machines.

      1. a.
         Each machine shall be located within 30 feet of the entrance to the primary commercial use on the site and shall not obstruct pedestrian or vehicular circulation, not within a landscaped area.
      2. b.
         No required parking space for the development shall be used for the reverse vending machine.
      3. c.
         Each machine shall occupy no more than 50 square feet of space, including any protective enclosure, and shall not exceed eight feet in height.
      4. d.
         Each machine shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
      5. e.
         The maximum sign area is four square feet per machine, exclusive of operating instructions of Subsection D.1.d.
      6. f.
         Adequate nighttime lighting shall be provided, if warranted.
   2. 2.
      Small collection facilities.

      1. a.
         Small collection facilities shall be no larger than 500 square feet, shall be set back at least 10 feet from a front or side property line, and shall not obstruct pedestrian or vehicular circulation.
      2. b.
         No power-driven processing equipment shall be used except for reverse vending machines.
      3. c.
         All containers shall be constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected.
      4. d.
         All recyclable material shall be stored in containers or in a mobile unit vehicle.
      5. e.
         Personnel attended facilities located within 100 feet of the boundary of an R zone shall operate only between 7 a.m. and 7 p.m.
      6. f.
         Containers for the 24-hour donation of materials shall be at least 100 feet from the boundary of an R zone unless there is a recognized service corridor and acoustical shielding between the containers and residential use.
      7. g.
         Containers shall be clearly marked to identify the type of material that may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.
      8. h.
         The maximum sign area shall be 16 square feet exclusive of informational requirements and operational instruction of Subsection D.2.g. above. Directional signs bearing no advertising message may be installed with the approval of the Zoning Administrator if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.
      9. i.
         No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed.
      10. j.
          Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
      11. k.
          No required parking spaces shall be occupied by the facility.
   3. 3.
      Large collection facilities.

      1. a.
         A large collection facility shall be located at least 250 feet from an R zone.
      2. b.
         Each facility shall be in an enclosed building or within an area enclosed by an opaque fence at least six feet in height with landscaping.
      3. c.
         Six parking spaces shall be for customers and one parking space shall be provided for each commercial vehicle operated by the recycling facility.
      4. d.
         Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light-processing activities necessary for efficient temporary storage and shipment of material may be allowed if noise and other conditions are met.
   4. 4.
      Processing facilities.

      1. a.
         Processors will operate in a wholly enclosed building except for incidental storage, or within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped on all street frontages located at least 250 feet from an R zone.
      2. b.
         Power-driven processing shall be permitted provided all noise-level requirements are met. Light-processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.
      3. c.
         If the facility is open to the public, space will be provided for a minimum of 10 customers or the peak load, whichever is higher, except where the Zoning Administrator determines that allowing overflow traffic is compatible with surrounding businesses and public safety.
      4. d.
         One parking space will be provided for each commercial vehicle operated by the processing center.
   5. 5.
      All collection and processing facilities.

      1. a.
         No facility or storage area shall occupy a required front or corner side yard, and all regulations applicable to the principal structure on the site shall apply to collection and processing facilities except as provided in this section.
      2. b.
         A large collector or processing facility may accept used motor oil for recycling from the generator in compliance with California Health and Safety Code Section 25250.11.
      3. c.
         All exterior storage of material shall be in sturdy containers or enclosures that are fully covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.
      4. d.
         Noise levels generated by the facility shall not exceed 60 dBA as measured at the property line of an R zone or otherwise shall not exceed 70 dBA.
      5. e.
         All facilities shall be administered by on-site personnel during hours the facility is open. If a large collection or processing facility is located within 500 feet of an R zone, it shall not be in operation between 7 p.m. and 7 a.m.
      6. f.
         Any containers provided for after-hours donation of recyclable materials shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.
      7. g.
         The site of the facility shall be kept free of litter and any other undesirable material. Containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.
      8. h.
         Sign regulations shall be those provided for the zone in which the facility is located. In addition, each facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
      9. i.
         No dust, fumes, smoke vibration or odor above ambient level may be detectable on neighboring properties.
   6. 6.
      Unattended Donation and Collection Boxes.

      1. a.
         No more than two (2) unattended donation and collection boxes shall be located on each parcel of real property.
      2. b.
         Unattended donation and collection boxes shall be no more than eighty-two (82) inches high, fifty-six (56) inches wide and forty-nine (49) inches deep.
      3. c.
         Unattended donation and collection boxes shall be located in a well-lit area that is visually unobtrusive and minimizes any negative aesthetic and view impact to the property and public right of way. Boxes should not be located in the front setback, unless no practical alternative is available and findings are included as part of the approval.
      4. d.
         No unattended donation and collection box shall be placed in required parking spaces, required landscaping, ADA path of travel, stormwater detention area or the public right of way.
      5. e.
         Unattended donation and collection boxes shall be subordinate and accessory to the principal use of the property.
      6. f.
         Unattended donation and collection boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti;
      7. g.
         Unattended donation and collection boxes shall be locked or otherwise secured;
      8. h.
         Unattended donation and collection boxes shall be marked clearly to identify the type of material to be deposited.
      9. i.
         Unattended donation and collection boxes shall contain the following contact information in two (2") inch type visible from the front of each unattended donation box: the name, address, and phone number of both the permittee and operator;
      10. j.
          The front of every unattended donation and collection box shall display conspicuously a statement in at least two-inch font that either reads, "This collection box is owned and operated by a for-profit organization." or "This collection box is owned and operated by a nonprofit organization." A commercial fundraiser shall be classified as a for-profit organization.
      11. k.
          Unattended donation and collection boxes shall be free of any advertising which is unrelated to the business of the operator of the unattended donation and collection box.
      12. l.
          Unattended donation and collection boxes shall be serviced and emptied as needed, but not less than once every seven (7) days.
      13. m.
          The permittee shall maintain or cause to be maintained the area surrounding the unattended donation and collection box(es) free of any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation.
      14. n.
          The Applicant for unattended donation and collection boxes shall provide and maintain a $2,000 dollar per site maintenance or removal deposit should it become necessary for the City or property owner to abate a maintenance violation. The Applicant will be refunded the balance of the deposit provided upon removal of the box(es).
      15. o.
          Unattended donation and collection boxes shall remain only in the exact location for which they have been permitted and may not be relocated on the property without prior property owner and City approval.

(Ord. No. 534, § 1 (Exh. A-3), 10/14/2025)

Effective on: 11/13/2025