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CC Ordinance 2149ORDINANCE NO. 2149 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TEXT AMENDMENT (PLN2009- 35) TO AMEND THE CAMPBELL MUNICIPAL CODE, (CHAPTER 21.02 -INTERPRETATION OF PROVISIONS; CHAPTER 21.10 - COMMERCIAL AND INDUSTRIAL DISTRICTS; CHAPTER 21.28 - PARKING AND LOADING; CHAPTER 21.36 - PROVISIONS APPLYING TO SPECIAL USES; CHAPTER 21.38 - APPLICATION FILING, PROCESSING AND FEES; CHAPTER 21.62 - APPEALS; CHAPTER 21.71 - ADMINISTRATIVE DECISION PROCESS; CHAPTER 21.72 -DEFINITIONS) TO REVISE CITY PARKING REQUIREMENTS AND RELATED STANDARDS. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION ONE: Chapter 21.02 -Interpretation of Provisions; Chapter 21.10 -Commercial and Industrial Districts; Chapter 21.28 -Parking and Loading; Chapter 21.36 -Provisions Applying to Special Uses; Chapter 21.38 -Application Filing, Processing and Fees; Chapter 21.62 -Appeals; Chapter 21.71 -Administrative Decision Process; and Chapter 21.72 - Definitions, of the Campbell Municipal Code is hereby amended to read as set forth in Exhibit A. SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 7th vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: day of June , 2011, by the following roll call Waterman, Low, Cristina, Baker Kotowski None None APPROVED i` ATTEST: Anne Bybee, City Clerk ~' J on T. Baker, Mayor Exhibit A Chapter 21.02 INTERPRETATION OF PROVISIONS Sections: 21.02.010 -Purpose. 21.02.020 -Rules of interpretation. 21.02.030 -Procedures for interpretations. 21.02.010 -Purpose. This chapter provides rules for resolving questions about the meaning or applicability of any part of this Zoning Code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the requirements of this Zoning Code and the General Plan. 21 02 020 -Rules of interpretation. A. Authority. The community development director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Zoning Code. B. Minimum requirements. The provisions of this Zoning Code shall be strictly interpreted and applied as minimum requirements (unless stated as maximums) for the promotion of the public health, safety, convenience, and general welfare. C. Language. 1. Terminology. When used in this Zoning Code, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to..." and the word "used" includes the words "arranged for, designed for, occupied, or intended to be occupied for." 2. Abbreviated titles and phrases. For the purpose of brevity, and unless otherwise indicated, the following phrases, names of personnel, and decision making bodies are shortened in this Zoning Code in the following manner: The City of Campbell is referred to as the "city." The State of California is referred to as the "State." The County of Santa Clara is referred to as the "county." The City of Campbell Municipal Code is referred to as the "Municipal Code." The California Subdivision Map Act is referred to as the "Map Act." The United States Federal Government is referred to as "Federal." 3. Number of days. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given in compliance with this Zoning Code, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the city is not open for business, except as otherwise provided for by the Map Act. 4. State law requirements. Where this Zoning Code references applicable provisions of State law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time. Ver.7 D. Calculations-Rounding. Where provisions of this Zoning Code require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded in compliance with this subsection. 1. Minimum parcel area and number of parcels. The fractional/decimal results of calculations of the number of housing units allowed within a zoning district shall be rounded down to the next whole number. 2. Residential density. The fractional/decimal results of calculations of the number of housing units allowed within a zoning district shall be rounded down to the next whole number. ~:~ark+r~g-spaces: ~#ae#rastier3al/desieaaa-resuktsc~f-cakst~Jat+or+sc~t#ae-number-ef-req~}red-{~arki-spaces staatl -tie-rounded-i~ ff-te-the-t~e~wF~le-r~rnt~ 4.3. All other calculations. For all calculations required by this Zoning Code other than those described in subparagraphs (D)(1); and (D)(2) and (~)(~}-above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, unless otherwise specified. E. Conflicting requirements. Any conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved as follows: 1. Zoning Code provisions. In the event of any conflict between the provisions of this Zoning Code, the most restrictive requirement shall control; 2. Development agreements or specific plans. In the event of any conflict between the requirements of this Zoning Code and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control; 3. Municipal Code provisions. In the event of any conflict between requirements of this Zoning Code and other regulations of the city, the most restrictive shall control; and 4. Private agreements. It is not intended that the requirements of this Zoning Code shall interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed when this Zoning Code became effective. This Zoning Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement. F. Allowable uses of land. If a proposed use of land is not specifically listed in Article 2 (Zoning Districts) the use shall not be allowed, except as follows: 1. Similar uses allowed. The community development director may determine that a proposed use not listed in Article 2 may be allowed as a permitted or conditional use, or is not allowed. A determination by the community development director that a use is not allowed may be appealed in compliance with Chapter 21.62 (Appeals). In making this determination, the community development director shall first find that: a. The characteristics of, and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, dust, intensity, noise, parking, population density, or traffic generation than the uses listed in the zoning district; b. The proposed use will meet the purpose/in-tent of the zoning district that is applied to the site; and c. The proposed use will be consistent with the goals, objectives, and policies of the General Plan and any applicable specific plan. 2. Applicable standards and permit requirements. When the community development director determines that a proposed, but unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Zoning Code apply. 2 G. Measurement of height and area requirements. When this Zoning Code requires that compliance to a standard is met by specific measurements and there is an ambiguity concerning the measurement, the community development director shall make a determination as to the correct measurement. 21 02 030 -Procedures for interpretations. Whenever the community development director determines that the meaning or applicability of any of the requirements of this Zoning Code are subject to interpretation generally, or as applied to a specific case, the community development director may issue an official interpretation or refer the question to the planning commission for determination. A. Request for interpretation. The request for an interpretation or determination shall be made to the community development department, shall include all information required by the community development department, and the fee established by the city's fee resolution. B. Findings, basis for interpretation. The issuance of an interpretation by the community development director shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan. C. Record of interpretations. Official interpretations shall be: 1. Written, and shall quote the provisions of this Zoning Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and 2. Kept on file in the community development department. Any provision of this Zoning Code that is determined by the community development director to need refinement or revision will be corrected by amending this Zoning Code as soon as is practical. Until an amendment can occur, the community development director will maintain a complete record of all official interpretations as an appendix to this Zoning Code, and indexed by the number of the chapter or section that is the subject of the interpretation. D. Referral of interpretation. (21.84.020) The community development director has the option of forwarding any interpretation or determination of the meaning or applicability of any provision of this Zoning Code directly to the planning commission for consideration. E. Appeals. (21.84.020) Any interpretation of this Zoning Code by the community development director or the planning commission may be appealed in compliance with Chapter 21.62 (Appeals). Chapter 21.10 COMMERCIAL AND INDUSTRIAL DISTRICTS Sections: 21.10.010 -Purpose of chapter-Applicability. 21.10.020 -General permit requirements. 21.10.030 - P-O (Professional Office) Zoning District. 21.10.040 - C-1 (Neighborhood Commercial) zoning district. 21.10.050 - C-2 (General Commercial) zoning district. 21.10.060 - C-3 (Central Business District) zoning district. 21.10.070 - C-M (Controlled Manufacturing) zoning district. 21.10.080 - M-1 (Light Industrial) zoning district. 21.10.090 -Reserved. 21 10 010 -Purpose of chapter-Applicability. A. Commercial and industrial zoning districts. This chapter provides regulations applicable to development and new land uses in the commercial and industrial zoning districts established by Section 21.04.020, (Zoning districts established). The purpose of this chapter is to achieve the following: 1. Provide convenient and appropriately distributed commercial areas for retail and service establishments, including neighborhood and office uses required by residents of the city in a manner consistent with the general plan; 2. Enhance the visual quality of the commercial streets by extending the structures along the street, thereby forming astreet-wall effect; 3. Enhance the visual image of the city through good design and appropriate structure placement. Visual quality can also be improved through appropriate and complementary structure scale, which means the relationship of new development to existing structures; 4. Provide for the development of non-polluting, clean industrial uses to broaden the economic/employment base of the city, while ensuring compatible integration with nonindustrial uses, in a manner consistent with the general plan; 5. Upgrade the existing function and appearance of the city's industrial areas by encouraging high quality development; 6. Provide adequate space to meet the needs of commercial and industrial development, including off- street parking and loading; 7. Minimize traffic congestion and avoid the overloading of utilities; 8. Minimize excessive illumination, noise, odor, smoke, unsightliness, and other objectionable influences; and 9. Promote high standards of site planning and landscape design for the commercial and industrial developments within the city. 21 10 020 -General permit requirements. A. Zoning clearance. A zoning clearance is a ministerial permit that the community development director uses to verify that a proposed structure or land use activity complies with the list of activities allowed in the applicable zoning district, the development standards applicable to each type of use, and any conditions of approval of permits previously issued for the subject site. Before commencing any work pertaining to the alteration, construction, conversion, erection, moving, or reconstruction of any structure, or any addition to any structure, a building permit shall be obtained from the building division and a zoning clearance from the community development department by an owner or owner's agent. B. Site and architectural review required. All construction activities (e.g., additions, alterations, construction, 4 reconstruction, or remodeling) shall receive site and architectural review approval in compliance with Chapter 21.42 (Site and Architectural Review). 21 10 030 - P-O (Professional Office) Zonina District. A. Purpose of P-O (Professional office) Zoning District. The P-O zoning district is intended for the development of professional offices in locations served by primary access, yet inappropriate for commercial development because of the proximity to residential uses. The type of offices allowed in this zoning district include administrative, professional, and research, and may provide customer service or be more corporate in nature. The P-O zoning district is consistent with the professional office land use designation of the General Plan. B. Permitted uses in P-O (Professional office) Zoning District. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Offices, professional. 2. Satellite television or personal Internet. broadband dishes/antenna (less than 3 feet in diameter). 3. Schools-K-12, public. 4. Wireless telecommunications-stealth (requires approval of a site and architectural review permit). C. Uses allowed with conditional use permit in P-O (Professional Office) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Broadcast and recording studios. 2. Commercial day care centers. 3. Community/cultural/recreational center. 4. Conversion, commercial converted from residence. 5. Government offices and facilities (local, State or federal). 6. Health/fitness centers. 7. Late night activities. 8. Libraries, public. 9. Massage establishments 10. Medical services, clinics. 11. Medical services, laboratories. 12. Membership organization facilities. 13. Parking lots/structures, public. 14. Public assembly uses. 15. Radio or television transmitters. 16. Schools-K-12, private. 17. The use of any building that was constructed as a residential structure for a commercial or office use. 18. Universities/colleges, private. 19. Wireless telecommunications facilities-non-stealth. 5 D. Prohibited uses in P-O (Professional Office) zoning district. The following uses are prohibited: 1. Storage of commercial and industrial vehicles, except for the purpose of loading and unloading. 2. The storage or warehousing of merchandise or products in the building or on the premises, unless otherwise approved. 3. The outdoor storage of merchandise or products. 4. The assembly, compounding, manufacturing, or processing of merchandise or products, except such as are customarily incidental or essential to permitted retail commercial and service uses. 5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors of adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances. 6. Any use inconsistent with state or federal law. E. General development standards for uses in P-O (Professional Office) zoning district. New land uses and structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the requirements in Table 2-8 (General Development Standards - P-O Zoning District), in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards). Table 2-8 General Development Standards - P-O Zoning District Develo ment Feature P-O Maximum floor area ratio 0.40 The planning commission shall have the authority to increase the F.A.R. for a specific use at a s ecific location when it determines that circumstances warrant an ad'ustment. Setbacks re uired Front 15 ft. Side (each) A minimum of five feet or one-half the height of the building wall adjacent to the side property line whichever is reater . Street side 15 ft. Rear A minimum of five feet or one-half the height of the building wall adjacent to the rear property line whichever is reater . Maximum hei ht limit 35 ft. Accesso structures See Section 21.36.020 Accesso structures Fences, walls, lattice and screens See Section 21.18.060 (Fences, Walls, Lattice and Screens) Landsca in See Section 21.26.020 Landsca in Re uirements for Individual Zonin Districts Motor vehicle arkin See Cha ter 21.28 Parkin and Loadin Si ns See Cha ter 21.30 Si ns F. Design guidelines. In its review of development projects, the decision-making body shall take into consideration the commercial design guidelines that have been adopted by the city. 21 10 040 - C-1 (Neighborhood Commercial) zoning district. A. Purpose of C-1 (Neighborhood Commercial) zoning district. The C-1 zoning district is intended to provide for retail sales, offices, and services serving the daily needs of nearby residents of the city and to promote stable and attractive commercial development which will be compatible with neighboring residential uses. This zoning district is designed to encourage the location of commercial uses at major intersections within residential areas. These areas should be designed to accommodate the auto in a manner that is also friendly to and harmonious with pedestrian and bicycle traffic. The architecture of the structures should be compatible with the neighborhood. Grocery stores, laundries, personal services, pharmacies, and restaurants are prime examples of neighborhood commercial uses. The C-1 zoning district is consistent with 6 the neighborhood commercial land use designation of the General Plan. B. Permitted uses in C-1 (Neighborhood Commercial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Automated teller machines (ATM's); 2. Banks and financial services; 3. Catering business, only when ancillary to a restaurant; 4. Dry cleaning; 5. Grocery stores (under ten thousand square feet); 6. Hardware stores (under ten thousand square feet); 7. Laundromats, self-service; 8. Libraries, public; 9. Light rail passenger terminals; 10. Massage establishments; 11. Meat markets; 12. Offices, professional; 13. Outdoor seating, when twelve total seats or less; 14. Parking lots/structures, public; 15. Personal services, general; 16. Pharmacies/drug stores; 17. Photocopying; 18. Photography studio/supply shop; 19. Repair and maintenance, consumer products; 20. Restaurants or cafes (excluding fast food or drive-ins); 21. Retail stores, general merchandise; 22. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 23. Schools K-12, public; 24. Shopping centers (under ten thousand square feet); 25. Travel agencies; 26. Universities/colleges, public; 27. Vending machines; 28. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). C. Uses allowed with conditional use permit in C-1 (Neighborhood Commercial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Alternative fuels and recharging facilities; 2. Arcades; 3. Broadcast and recording studios; 4. Commercial day care centers; 5. Commercial schools; 6. Community/cultural/recreational centers; 7. Convalescent/rest homes; 8. Convenience markets/stores; 9. Conversion, commercial converted from residence; 10. Dancing and live entertainment; 11. Emergency shelters; 12. Furniture, furnishings, and equipment stores (greater than ten thousand square feet); 13. Furniture, furnishings, and equipment stores (under ten thousand square feet); 14. Garden centers/plant nurseries; 15. Gasoline stations; 7 16. Government offices and facilities (local, state or federal); 17. Grocery stores (greater than ten thousand square feet); 18. Hardware stores (greater than ten thousand square feet); 19. Health/fitness centers; 20. Hotel; 21. Late night activities; 22. Liquor establishments; 23. Liquor stores; 24. Medical services, clinics; 25. Medical services, extended care; 26. Motel; 27. Museums, public; 28. Music (recordings) stores; 29. Outdoor seating, when more than twelve total seats; 30. Pet stores; 31. Philanthropic collection trailers; 32. Public assembly uses; 33. Public utility structures and service facilities; 34. Radio or television transmitters; 35. Recycling facilities -reverse vending machines; 36. Recycling facilities -small collection facility; 37. Restaurants with late night activities or banquet facilities; 38. Restaurants, fast food (with or without drive-in service); 39. Schools - K-12, private; 40. Shopping centers (greater than ten thousand square feet); 41. Spa services; 42. , 42. Studios, large 43. Studios, small 43:44. Tanning studios; 44.45. The use of any building that was constructed as a residential structure for a commercial or office use; 45:46. Transitional housing; 47 Tutoring centers, large 48 Tutoring centers, small 46:49. Universities/colleges, private; 47-:50. Veterinarian clinics and animal hospitals; 48=51. Video rental stores; 49:52. Warehouse retail stores; 58:53. Wireless telecommunications facilities -non-stealth. D. Prohibited uses in C-1 (Neighborhood Commercial) zoning district. The following uses are prohibited: 1. Storage of industrial vehicles, except for the purpose of loading and unloading. 2. The storage or warehousing of merchandise or products in the building or on the premises for sale other than at retail on the premises. 3. The outdoor storage of merchandise or products, unless otherwise approved. 4. The assembly, compounding, manufacturing, or processing of merchandise or products, except such as are customarily incidental or essential to permitted retail commercial and service uses. 5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors of adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances. 6. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.). 7. Any use inconsistent with state or federal law. E. General development standards for uses in C-1 (Neighborhood Commercial) zoning district. New land uses and structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the requirements in Table 2-9 (General Development Standards - C-1 Zoning District), in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards). Table 2-9 General Development Standards - C-1 Zoning District Develo ment Feature C-1 Maximum floor area ratio 0.40 The planning commission shall have the authority to increase the F.A.R. for a specific use at a s ecific location when it determines that circumstances warrant an ad'ustment. Setbacks re uired Front 15 ft. Side (each) A minimum of five feet or one-half the height of the building wall adjacent to the side property line whichever is reater . Street side 15 ft. Rear 10 ft. The planning commission may grant a reduction or approve a structure to be placed on the rear property line and may designate that additional landscaping and setback re uirements be rovided at the front of the arcel. Maximum hei ht limit 35 ft. Accesso structures See Section 21.36.020 Accesso Structures Fences, walls, lattice and screens See Section 21.18.060 (Fences, Walls, Lattice and Screens) Landsca in See Section 21.26.020 Landsca in Re uirements for Individual Zonin Districts Motor vehicle arkin See Cha ter 21.28 Parkin and Loadin Si ns See Cha ter 21.30 Si ns F. Design guidelines. In its review of development projects, the decision-making body shall take into consideration the commercial design guidelines that have been adopted by the city. 21 10 050 - C-2 (General Commercial) zonina district. A. Purpose of C-2 (General Commercial) zoning district. The C-2 zoning district is intended to provide a wide range of retail sales and business and personal services primarily oriented to the automobile customer and accessible to transit corridors, to provide for general commercial needs of the city, and to promote a stable and attractive commercial development which will afford a pleasant shopping environment. The building forms should typically frame the street, with parking lots located either behind or under the structures they are designed to serve. Auto related uses (e.g., auto repair) are generally prohibited from locating in this zoning district. The C-2 zoning district is consistent with the general commercial land use designation of the General Plan. B. Permitted uses in C-2 (General Commercial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Ambulance service; 2. Artisan products, small-scale assembly; 3. Automated teller machines (ATM's); 4. Banks and financial services; 5. Blueprinting shops; 9 6. Catering business, only when ancillary to a restaurant; 7. Dry cleaning; 8. Furniture, furnishings, and equipment stores (greater than ten thousand square feet); 9. Furniture, furnishings, and equipment stores (under ten thousand square feet); 10. Garden centers/plant nurseries; 11. Grocery stores (under ten thousand square feet); 12. Handicraft industries, small scale assembly; 13. Hardware stores (under ten thousand square feet); 14. Hotels; 15. Laundromats, self-service; 16. Libraries, public; 17. Light rail passenger terminals; 18. Massage establishments; 19. Medical services, laboratories; 20. Motels; 21. Offices, professional; 22. Outdoor seating, when twelve total seats or less; 23. Parking lots/structures, public; 24. Personal services, general; 25. Pharmacies/drug stores; 26. Photocopying; 27. Photography studio/supply shop; 28. Repair and maintenance, consumer products; 29. Restaurants or cafes (excluding fast food or drive-ins); 30. Retail stores, general merchandise; 31. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 32. Schools K-12, public; 33. Shopping centers (under ten thousand square feet); 34. Travel agencies; 35. Universities/colleges, public; 36. Vending machines; 37. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). C. Uses allowed with conditional use permit in C-2 (General Commercial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Adult day care facilities; 2. Alternative fuels and recharging facilities; 3. Arcades; 4. Banquet facilities; 5. Bed and breakfast inns (only in historic structures); 6. Broadcast and recording studios; 7. Caretaker/employee housing (not to exceed six hundred forty square feet and one bedroom); 8. Cat and dog day care facilities; 9. Cat and dog grooming facilities; 10. Cat Boarding facilities; 11. Check cashing; 12. Commercial day care centers; 13. Commercial schools; 14. Community/cultural/recreational centers; 15. Convalescent/rest homes; 16. Convenience markets/stores; 10 17. Conversion, commercial converted from residence; 18. Dancing and live entertainment; 19. Department stores; 20. Drive-in theaters; 21. Emergency shelters; 22. Equipment rental establishments; 23. Gasoline stations; 24. Golf courses and golf driving ranges; 25. Government offices and facilities (local, state or federal); 26. Grocery stores (greater than ten thousand square feet); 27. Hardware stores (greater than ten thousand square feet); 28. Health/fitness centers; 29. Hospitals; 30. Indoor amusemenUentertainment/recreation centers; 31. Late night activities; 32. Liquor establishments (on-site consumption only); 33. Liquor stores (off-site consumption only); 34. Medical services, clinics; 35. Medical services, extended care; 36. Miniature golf courses; 37. Motor vehicle -cleaning, washing, and detailing; 38. Motor vehicle -oil change facilities; 39. Motor vehicle -parts and supplies (very limited maintenance/installation); 40. Motor vehicle -renting and leasing; 41. Motor vehicle -sales (new and/or used); 42. Museums, public; 43. Music (recordings) stores; 44. Nightclubs with or without food service; 45. Outdoor active activities (e.g., drive-up windows); 46. Outdoor amusement/entertainment/recreation centers; 47. Outdoor retail sales and activities; 48. Outdoor seating, when more than twelve total seats; 49. Personal services, limited; 50. Pet stores; 51. Pharmacies/drug stores, with drive-up service; 52. Philanthropic collection trailers; 53. Public assembly uses; 54. Public utility structures and service facilities; 55. Public works maintenance facilities and storage yards; 56. Radio or television transmitters; 57. Radio stations; 58. Recycling facilities -reverse vending machines; 59. Recycling facilities -small collection facility; 60. Restaurants with late night activities or banquet facilities; 61. Restaurants, fast food (with or without drive-in service); 62. Schools - K-12, private; 63. Second hand/thrift stores; 64. Shopping centers (greater than ten thousand square feet); 65. Sign shops; 66. Spa services; 67. Studies--art;-dance, r~+~sie,-phatogra{~hy.,..etc: 68. Studios.large 69. Studios, small 11 68-70. Tanning studios; 69:71. Theaters, movie or performing arts; 7-0:72. Transitional housing; 73. Tutorino center, large 74. Tutoring center, small ~1-:75. Universities/colleges, private; ~..?76. Veterinary clinics and animal hospitals; 7-3:77. Video rental stores; ~4-:78. Warehouse retail stores; X79. Wireless telecommunications facilities -non-stealth. D. Prohibited uses in C-2 (General Commercial) zoning district. The following uses are prohibited: 1. Storage of industrial vehicles, except for the purpose of loading and unloading. 2. The storage or warehousing of merchandise or products in the building or on the premises for sale other than at retail on the premises. 3. The outdoor storage of merchandise or products, unless otherwise approved. 4. The assembly, compounding, manufacturing, or processing of merchandise or products, except such as are customarily incidental or essential to permitted retail commercial and service uses. 5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors of adjacent buildings or premises by reason of the emissions of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances. 6. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.). 7. Any use inconsistent with state or federal law. E. General development standards for uses in C-2 (General Commercial) zoning district. New land uses and structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the requirements in Table 2-10 (General Development Standards - C-2 Zoning District), in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards). Table 2-10 General Development Standards - C-2 Zoning District Develo ment Feature C-2 Maximum floor area ratio 0.40 The planning commission shall have the authority to increase the F.A.R. for a specific use at a s ecific location when it determines that circumstances warrant an ad'ustment. Setbacks re uired Front 10 ft. Side (each) A minimum of five feet or one-half the height of the building wall adjacent to the side property line whichever is reater . Street Side 10 ft. Rear 10 ft. The planning commission may grant a reduction or approve a structure to be placed on the rear property line and may designate that additional landscaping and setback re uirements be rovided at the front of the arcel. Maximum hei ht limit 75 ft. Accesso structures See Section 21.36.020 Accesso Structures Fences, walls, lattice and screens See Section 21.18.060 (Fences, Walls, Lattice and Screens) Landsca in See Section 21.26.020 Landsca in Re uirements for Individual Zonin Districts Motor vehicle arkin See Cha ter 21.28 Parkin and Loadin 12 Si ns See Cha ter 21.30 Si ns F. Design guidelines. In its review of development projects, the decision-making body shall take into consideration the commercial design guidelines that have been adopted by the city. 21 10 060 - C-3 (Central Business District) zoning district. A. Purpose of C-3 (Central Business District) zoning district. The C-3 zoning district is applied to the heart of the city including and surrounding parts of Campbell Avenue in downtown Campbell. The building forms in this zoning district edge the street and include retail commercial uses (e.g., entertainment, shopping, and services) on the ground floor, with either office or residential uses on the upper floors. Residential uses may be allowed where compatible with the genera- mix of downtown uses. The C-3 zoning district is consistent with the central commercial land use designation of the General Plan. The C-3 zoning district is specifically created to promote the following objectives in the central business area of Campbell: 1. To retain and enhance the Downtown area as a unique and economically viable retail and business center serving local and area wide commercial needs; 2. To reinforce Campbell Avenue as apedestrian-orientated retail street; 3. To promote ground floor retail use, upper floor commercial and residential uses where appropriate and a suitable mix of uses in the Downtown area. 4. To establish development intensities consistent with the scale of the central business area and the amount of parking which can be accommodated within and adjacent to it; 5. To maintain the pedestrian scale, character, and diversity of a small town business district; 6. To maintain adequate parking and to encourage the joint utilization of parking; 7. To improve pedestrian, visual, and vehicular connections between the Downtown and adjacent areas; 8. To preserve and enhance significant historic structures within the Downtown area; and 9. To ensure that new construction in the Downtown area is of a high architectural design quality while accommodating suitable architectural diversity. B. Permitted uses in C-3 (Central Business District) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances}:_ 1. Retail business, including but not limited to clothing stores, department stores, drugstores, furniture stores, toy stores, jewelry stores, shoe stores, florist shops and gift shops subject to standards for alcohol sales in compliance with paragraph (F) (Standards for alcohol sales in the C-3 zoning district), below. Does not include retail business uses specified in paragraph (C) (Uses permitted with a conditional use permit in the C-3 district). 2. TutorincLcenters (small and large) studios (small and large), and professional offices, except on the ground floor of parcels abutting East Campbell Avenue east of Second Street unless the following standards can be met: a. The business is located in a separate tenant space that is a minimum of 50 feet from the East Campbell Ave. property line; and b. The separate tenant space does not have a door or entrance that takes access from East Campbell Ave. 3. Service commercial establishments including but not limited to barber shops, beauty parlors, dry cleaning, massage services, photographic studio, shoe repair shops, and tailors, except on the ground floor of parcels abutting East Campbell Avenue east of Second Street unless the following standards 13 can be met: a. The business is located in a separate tenant space that is a minimum of 50 feet from the East Campbell Ave. property line; and b. The separate tenant space does not have a door or entrance that takes access from East Campbell Ave. 4. Outdoor seating and merchandise displays, subject to approval of an outdoor seating and merchandise display permit in compliance with paragraph (H) (Standards and permit requirements for outdoor seating and merchandise display), below. 5. Restaurants, subject to the provisions of paragraph (F) (Standards for alcohol sales in the C-3 zoning district) and standards for live entertainment in compliance with paragraph (G) (Standards for live entertainment in the C-3 zoning district), below. 6. Wireless telecommunications facilities-stealth (requires approval of a site and architectural review permit). 7. Other uses similar to the above in compliance with Chapter 21.02 (Interpretation of Provisions). C. Uses permitted with conditional use permit in C-3 district. The following uses are permitted subject to approval of a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Arcade (containing amusement devices and games). 2. Banks and financial services. 3. Fast-food restaurants. 4. Government offices and facilities. 5. Grocery-stores and convenience markets. 6. Health spa, except on the ground floor of parcels abutting East Campbell Avenue east of Second Street, unless the following standards can be met: a. The business is located in a separate tenant space that is a minimum of fifty feet from the East Campbell Ave. property line; and b. The separate tenant space does not have a door or entrance that takes access from East Campbell Ave. 7. Late night activities. 8. Liquor establishments, other than those establishments permitted to sell alcoholic beverages under subsection B of this section. 9. Liquor store. 10. Live entertainment (except as permitted under subsection B of this section). 11. Nightclub. 12. Public assembly uses. 13. Residential condominiums or apartments (upper floors only). 14. Parking lot or structure. 15. Secondhand/thrift store. 14 16. Theater. 17. Wireless telecommunications facilities -non-stealth. 18.Other uses similar to the above in compliance with Chapter 21.02 (Interpretation of Provisions). D. Prohibited uses in C-3 (Central Business District) zoning district. The following uses are prohibited in the C-3 district: 1. Storage of industrial vehicles, except for the purpose of loading and unloading; 2. The storage or warehousing of merchandise or products in the building or on the premises for sale other than at retail on the premises; 3. The outdoor storage of merchandise or products, unless otherwise approved, in compliance with subsection H of this section; 4. The assembly, compounding, manufacturing or processing of merchandise or products, except such as are customarily incidental or essential to permitted retail commercial and service uses; 5. Any use which is obnoxious or offensive or creates a nuisance to the occupants or commercial visitors of adjacent buildings or premises by reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbance; 6. Auto repair; 7. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.); 8. Any use inconsistent with state or federal law. E. General development standards. New land uses and structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the requirements in Table 2- 11 (General Development Standards - C-3 Zoning District), in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards). Table 2-11 General Development Standards - C-3 Zoning District Develo ment Feature Maximum floor area ratio C-3 Up to 1.25 The planning commission or City Council may approve an F.A.R. of up to 1.5 if it makes all of the followin findin s: a. The scale and intensity of the development does not create adverse traffic and parking im acts on the Downtown. b. The balance of land uses emphasizes retail and restaurant uses consistent with the goals and objectives of the Redevelo ment A enc Im lementation Plan. c. The design, scale, and context of the project are consistent with the goals and objectives established in the Downtown Develo ment Plan. d. A finding of community benefit be established stating how the development furthers the goals and objectives of the Redevelopment Agency in the Downtown area that otherwise could not be achieved with a lesser F.A.R. Setbacks Re uired Front None, exce t as ma be re uired b the Site and Architectural Review Permit. Side each Street side Rear Maximum Hei ht Limit 45 ft. Fences, Walls, Lattice and See Section 21.18.060 (Fences, Walls, Lattice and Screens) Screens 15 Standards for alcohol sales in the C-3 Zoning District. 1. Alcohol sales by retail businesses. a. Gift shops and florists may include products containing alcohol in gift baskets, flower arrangements or other similar uses as approved by the community development director upon finding that the sale of alcohol would be incidental to the primary activity on the site; b. Retail businesses permitted to sell alcohol in compliance with this paragraph shall obtain the required licenses or permits from the State Alcoholic Beverage Control Department. Uses meeting the definition of liquor store as defined by Section 21.72.020 ("Liquor Stores") shall not be considered as a florist or gift shop; 2. Alcohol sales by restaurants. a. Beer and wine sales for on-site consumption only are permitted in restaurants without a separate bar area. b. A separate bar area is defined as a separate area, tables, or a room intended primarily for serving alcoholic beverages. c. Restaurants that serve alcohol may be required to establish a designated driver program. d. Restaurants shall obtain the required licenses or permits from the State Alcoholic Beverage Control Department. 3. Beer and wine festivals. See also Section 21.36.030 (Beer and Wine festivals). G. Standards for live entertainment in the C-3 zoning district. Live entertainment, when clearly ancillary to the restaurant function, is permitted in restaurants subject to the following restrictions: 1. Permitted only in standard restaurants without a separate bar area. A separate bar area is defined as a separate area, tables, or a room intended primarily for serving alcoholic beverages; 2. Maximum of four performers; 3. Hours of nine a.m. to eleven p.m.; 4. Alcoholic beverage service shall be restricted to Type 41 or 47 licenses only from the State Alcoholic Beverage Control Department, and at no time shall off-site sales be allowed. Full food service shall be available during entertainment; 5. Ambient noise levels shall allow normal conversation, and may not be audible more than 50 feet from the businesses tenant space. However, in no case may noise from the live entertainment disrupt neighboring businesses; 6. No cover charge may be imposed; 7. Areas for dancing and festival seating are not allowed; 8. If the police department or community development department find that a business is in noncompliance with any of the above conditions, live entertainment shall be prohibited at the site until a live entertainment permit is issued by the City Council subject to the requirements set forth by Section 5.24.010(a) et seq. (Live entertainment) of this Zoning Code; H. Standards and permit requirements for outdoor seating and merchandise display within the public right- of-way. The following standards govern the provision of outdoor seating/dining areas and the outdoor display of merchandise within the public right-of-way (sidewalk) in the C-3 zoning district. These standards are minimum standards and additional requirements may be added through the discretionary review process. 1. Permit required. Outdoor seating and merchandise displays may be allowed subject to approval of an outdoor seating and display permit by the community development director. Approval is subject to the standards provided below and any other conditions as may be deemed necessary by the community 16 development director in order to protect the health, safety, and welfare of the city. 2. Application. Application for an outdoor seating and display permit shall be filed with the community development department. The application shall be accompanied by a plan set, drawn to scale, depicting sidewalk dimensions, the location of seating, tables, umbrellas, and merchandise displays together with other information and exhibits as required by the community development director. 3. General standards. a. Afour-foot-wide pedestrian walkway shall be provided at all times along the public sidewalk. This walkway shall provide for pedestrian access to doorways, crosswalks, and along the public sidewalk. No part of the walkway shall be within two feet of the building face or within one foot of the face of curb, and the walkway shall not cross the path of outward-opening doors or windows. b. All tables, seats, and displays shall be placed inside at the end of each business day. c. Material placed on the sidewalk shall be secured so as not to be moved by the wind. However, tables, seats, or displays may not be bolted into the ground or secured to the streetlights, trees, or other street fumiture. d. The permit holder is responsible for picking up all litter associated with the outdoor seating or display and shall maintain the area in a clean condition at all times. 4. Outdoor seating. a. Outdoor seating shall be located directly in front of the permit holder's tenant space as set forth in the approved application and accompanying plans. b. Tables, seating, or displays shall not be placed within the area of any disabled ramps, driveways, or doorways. c. Tables or seating shall not be placed in the street, or on the sidewalk within two feet of the face of curb. d. The canopies of umbrellas associated with outdoor tables shall provide a minimum vertical clearance of seven feet, unless the umbrella does not extend beyond the outside edge of the table, and shall not extend past the curb. e. Tables, chairs, umbrellas, and other furniture associated with the outdoor seating shall be attractive, made of durable materials, and be maintained in good repair and in a manner to enhance the downtown area. 5. Outdoor Displays. a. Outdoor merchandise displays shall be placed against the building face abutting the permit holder's tenant space and shall be limited to fifty percent of the business frontage. b. Tenants on corner lots are permitted displays along one frontage only. c. Merchandise shall be attractively displayed on appropriate racks or other similar stands. Displays using card tables, cardboard cartons, plastic milk cases, or plywood boxes are not permitted. Merchandise too large to be placed on a display may be freestanding. d. Displayed merchandise shall be the same type of merchandise sold in the existing business at the site. e. Displays, including the merchandise placed on them, may not be more than four feet high. The community development director may approve displays greater than four feet if it can be found that the display will not block the visibility of windows of that business. f. One sign, not to exceed one square foot, per display is permitted for pricing. "A" framed signs and other types of signage shall not be considered displays. 17 6. Indemnification/insurance. The permit holder shall indemnity, defend and hold the city, its agents, officers, attorneys, employees, and officials harmless from any and all claims, causes of action, injuries, or damages arising out of any negligent acts on part of the permit holder, its agents, officers, employees, or anyone rendering services on their behalf. This indemnity shall include all reasonable costs and attorney's fees incurred in defending any action covered by this provision. a. The permit holder, during the continuance of this permit and at no cost to the city, shall maintain a comprehensive liability policy in the amount of one million dollars and if applicable a workers compensation liability policy each with a minimum coverage of one hundred thousand dollars. b. The policy shall include the city as additional insured and shall apply as primary insurance and shall stipulate that no other insurance effected by the city will be called on to contribute to a loss. c. Before the issuance of a permit, the permit holder shall furnish to the city a certificate of insurance, duly authenticated, evidencing maintenance of the insurance required under this permit. d. If the insurance policy is canceled, terminated, suspended, or materially changed, the outdoor seating and display permit shall be suspended until the time that compliance with the requirements of this subparagraph has been fully satisfied. Standards for parking in the C-3 (Central Business District) zoning district. In addition to other applicable parking requirements in Chapter 21.28 (Parking and Loading), the following requirements shall apply in the C-3 (Central Business District) Zoning District._ 1. Shared parking facilities. All new parking spaces shall be provided in shared parking facilities, unless the City Council, upon recommendation of the planning commission, finds that another parking arrangement would better serve the public safety or welfare and would not be detrimental to the overall parking and circulation in the area. 2. Parking requirement computation. In computing the total parking requirement, credit shall be allowed for existing on-site parking or for existing shared off-site parking if an agreement, acceptable to the city, which provides for the use and maintenance of shared parking is in effect. 3. Change in use. Legally existing buildings shall be required to meet the current parking standards upon expansion of the building or when there is a change in use which requires more parking than is currently provided; ~-nless +ag adjestn~er~t-~€rieting-that-`=rt~~i~tiaa~ pari4seg-w`al! ted-by-the-~#ar3ge-io-ose and-will-aet-be-det~+mentaF-te-the~aver-all except for retail uses and standard restaurants that are not reouired to provide additional marking unless the building is expanded in compliance with Section 21 28 040 D 2 (Expansion/remodeling of structure or change in use). a.l~etail_uses..and...standard restat~rar~ts may_occupy an-existing-baikling and-shalf-not-be-required to s-the build+ng-is~xpanded~ b- ~~~~+~^„ •,°•'~tr~g_asseeiated-with-tlie-buil~#lnel-stall-not-be-reduced-heyenEt-tk~at-e#-eurt~~nt 4. Parking ratios. The required shared-facility parking ratios, based on gross square footage of a building, unless otherwise indicated, shall be as follows: (parking spaces/square foot): Retail 1:345 s . ft. ross floor area Office 1:425 s . ft. ross floor area Restaurant 1 s ace er 4 seats Banks 1:350 s . ft. ross floor area Residential 2 s aces er unit Service commercial 1:345 s . ft. ross floor area 18 Development review regulations for projects in the C-3 (Central Business) zoning district. 1. Purpose. Downtown Campbell possesses a wealth of small-scale commercial buildings that are architecturally exemplary of the variety of historic periods in which they were constructed. These design standards are intended to both promote the conservation and rehabilitation of buildings and to encourage new building and remodeling which is simultaneously in keeping with existing buildings and architecturally exemplary of contemporary design. In this way the architectural history and richness of downtown will be continued and expanded. Each new building and remodeling project in the downtown shall adhere both in its large- and small-scale parts to the architectural parts or style adopted for the project. Architectural design shall be of high quality, measured against contemporary standards. 2. Intent. The guidelines below govern building mass; building form and composition; storefronts; materials, colors and finishes; and other elements. They are intended to encourage the relation of specific project aspects to the designated architectural parts or style. 3. Site and Architectural Review required. Buildings and structures in the C-3 (Central Business) zoning district shall conform to the design standards in paragraphs 4-8 below and are subject to approval in compliance with the provisions of Chapter 21.42 (Site and Architectural Review): 4. Building mass. a. Large building facades shall be divided into smaller elements to complement the intimate scale created by the existing small property divisions. b. Second floor decks or terraces at the rear of buildings for use by adjacent offices or restaurants should be incorporated whenever practical to add a sense of vitality to the rear building facades. c. Roof design shall be consistent with the building's architectural style. Mansard, shed or residential type roofs are prohibited unless it is demonstrated that such a roof style is structurally or architecturally suitable for the particular project or location. d. The existing residential building types of historical significance should retain their character, including features such as landscaped setbacks. 5. Building form and composition. a. Unique and historic building elements such as parapet details and belt courses shall be retained and restored. b. Traditional commercial building forms should be incorporated whenever practical. c. Open air dining areas facing Campbell Avenue should be employed to the greatest extent practical. The buildings should not be set back from the street, but should contain the dining areas within their architectural framework. d. Upper stories in multistory buildings are required to have solid surfaces with vertical rectangular windows, augmented with frames. Glass curtain walls should not be approved unless it is demonstrated that such walls are the only structura-ly or architecturally suitable form of wall for the particular project or location. e. Architecturally exemplary design of high quality shall be employed. Buildings should not be made to look "old time" unless such design would be clearly more appropriate and harmonious with the purpose of this chapter. f. Buildings shall incorporate base, cornice, and other elements appropriate to their architectural style. 6. Storefronts. a. First floor frontages shall have an integrated design including display windows, an entry, and signing. 19 b. The design of the building storefront shall be consistent with the building's architectural style c. Walls facing pedestrian ways should have elements of visual interest, such as fenestration, displays, signing, or landscaping, unless the effect of such elements would be clearly contrary to the purposes of this chapter. Large areas of blank walls should not be permitted unless it is demonstrated that such blank areas are clearly more appropriate and harmonious than would be the case if elements of visual interest were incorporated. d. Buildings facing Campbell Avenue shall have their primary entries along that street. e. Entries should be recessed, as they add depth to storefront, and act as transition areas between the street and shop interiors, unless the effects of such entries would be clearly contrary to the purposes of this paragraph. f. Doors and windows shall be of clear glass. Unglazed wood doors, screen doors and doors or windows of heavily tinted or reflective glass should not be approved unless it is demonstrated that such doors and windows are the only structurally or architecturally suitable form for the particular project or location. g. Storefront windows shall reflect the building's character. For instance, on 1940's and 50's "showcase" buildings, exposed aluminum frame windows are appropriate. h. Ground floor offices facing Campbell Avenue are required to maintain the same storefront character as retail spaces. i. Awnings on building facades should be employed when appropriate, as they add color, weather protection, and opportunities for signing. As in other architectural elements, the awnings should be designed to reflect the building's geometry. 7. Materials, colors, and finishes. a. Primary facade materials shall be limited to those that are characteristic of the building's architectural style. b. Exterior wall finishes shall be smooth and of finished quality, not deliberately rough in an attempt to look antiqued or used. c. Primary building colors shall be characteristic of the building's architectural style. Overly bright, garish, or otherwise offensive colors or color combinations are prohibited. d. Accent materials such as the bases shall be carefully chosen to complement the building style and coordinate with adjacent buildings. The use of shingles, lava rock, sheet metal siding, or any other residential or industrial materials should not be approved unless it is demonstrated that such material would be the only structurally or architecturally suitable materials for the project or location. e. Painted trim shall coordinate with primary facade colors to add more depth and interest to the buildings. f. A coordinated color scheme that responds to the style of the structure shall be developed for each building. The colors of signing, awnings, planters, accent materials, and primary facade colors should all be considered. The number of colors should be limited. 8. Other elements. a. Trash collection and storage areas shall be carefully screened. b. Mechanical equipment shall be screened from view. Exhaust louvers shall not be located in the storefront areas. c. Colorfully landscaped planters are allowed. These are especially appropriate below second floor windows. d. All building maintenance shall be done conscientiously. 20 K. Sign regulations for C-3 (Central Business) zoning district. The following provisions shall apply to the C-3 (Central Business District) zoning district only and shall supersede those listed under Chapter 21.30 (Signs): 1. Intent. The intent of these regulations is to stimulate creative, good quality signing which will complement the intimate scale and architectural character of the area, and which will complement the architectural style of the building to which the signing is fixed. 2. Allowable signs. Each business shall be allowed one square foot of sign area for each one linear foot of business frontage. A minimum of twenty square feet is allowed and a maximum of forty square feet is allowed for each business. 3. Sign materials. Appropriate sign materials include enameled metal, painted wood, cast metal, painted fabric, and similar materials. Plastic signs should not be approved unless it is demonstrated that the use of the plastic signs at the proposed location would be more harmonious with the purpose of this paragraph than the foregoing enumerated materials. 4. Wall signs. Each business may have one wall sign, except corner businesses, which may have two. This sign shall be located below the top of parapet on single story buildings and below the second floor sill on multistoried buildings. It may be painted directly on a wall, a sign panel attached to a parapet wall, or of individually formed letters attached to a wall. 5. Awnings. Awnings may be used in lieu of wall signs. An insignia or name may be painted, silk screened or appliqued onto the awning. Awnings may project five feet into the public right-of-way on Campbell Avenue and shall maintain a minimum clearance of eight feet from the ground. All other streets shall be limited to a two-foot projection and have a minimum clearance of eight feet. Awnings shall be securely attached to buildings and well maintained. No supports or poles may be located in the public right-of--way. Awning forms shall be carefully chosen to complement the architectural style of the building to which they are fixed. Figure 2-1 Awning 6. Projecting signs. a. In addition to a wall sign or awning sign, a business is allowed one, non-illuminated, double-sided projecting sign. The projecting sign may be a maximum of six square feet and may serve to identify more than one tenant in the building. b. Signs may project a maximum of four feet over the public right-of-way with a minimum eight-foot clearance from the ground. Signs shall not project above any roofline or facade of the building. c. Projecting signs shaped as symbols depicting the goods or services being sold by the business are encouraged. 21 +C'.;~ rt+~y d. Wood signs, that are carved, painted, stained, or feature raised letters and symbols are specifically encouraged. e. Sign colors should relate to material or paint scheme of the building. Fluorescent colors are not allowed. f. Internally or externally illuminated signs are not allowed, nor are can signs, metal signs, neon signs, or flashing signs. g. Projecting signs shall be mounted perpendicular to the street and may be hung from coverings over sidewalks or affixed to the building wall. (1) Signs shall be structurally attached to the building with wood, metal brackets, chain, or other similar materials in a manner compatible with the architectural style of the building. (2) Fabric signs shall be anchored to the building from both the top and bottom of the sign. {~ . :, ~ ~ ~, .--- -.~_ .,~jj ? • 'a ~i iii.-ew . ~' -~ ~~ '< Figure 2-2 Projecting Sign 22 7. Lighting. Only external illumination of signs is allowed except for individual letter signs L. Nonconforming uses and structures in the C-3 (Central Business District) zoning district. Nonconforming uses and structures shall be governed by the standards set forth in Chapter 21.58 (Nonconforming Uses and Structures), except that whenever a nonconforming use has been abandoned or discontinued for a continuous period of six months, the nonconforming use shall not be reestablished; and the use of the structure and the site shall comply with the regulations for the C-3 zoning district. 21 10 070 - C-M (Controlled Manufacturing zoning district. A. Purpose of C-M (Controlled Manufacturing) zoning district. The C-M zoning district is intended to provide a stable environment conducive to the development and protection of specialized manufacturing, packaging, printing, publishing, testing, and research and development with associated administrative office facilities often providing a campus-like environment as a corporate headquarters. These facilities are operated and maintained in a clean and quiet manner and continually meet the standards identified in this chapter and in this Zoning Code. The C-M Zoning District is consistent with the research and development land use designation of the General Plan. B. Permitted uses in C-M (Controlled Manufacturing) Zoning District. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Artisan products, small-scale assembly; 2. Blueprinting shops; 3. Business support service; 4. Clothing products manufacturing; 5. Electronics and equipment manufacturing; 6. Food and beverage product manufacturing; 7. Furniture/cabinet shops; 8. Glass products manufacturing; 9. Handicraft industries, small-scale assembly; 10. Laundries/dry cleaning plants; 11. Light rail passenger terminals; 12. Machinery manufacturing; 13. Metal products fabrication; 14.Offices, professional; 15. Paper products manufacturing; 16. Pharmaceutical manufacturing; 17. Plastics and rubber products; 18. Printing and publishing; 19. Research and development; 20. Satellite television or personal Internet broadband dishes/antenna (less than three feet in diameter); 21. Sign manufacturing; 23 22. Textile products manufacturing; 23. Warehousing, wholesaling and distribution facility, incidental (less than fifty percent of floor area); 24. Wireless telecommunications facilities -stealth (requires approval of a site and architectural review permit). C. Uses allowed with conditional use permit in C-M (Controlled Manufacturing) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Ancillary retail uses serving industrial uses; 2. Broadcast and recording studios; 3. Caretaker/employee housing; 4. Emergency shelters; 5. Government offices and facilities (local, state or federal); 6. Health/fitness centers; 7. Late night activities; 8. Massage establishments 9. Medical services, clinics; 10. Medical services, extended care; 11. Medical services, laboratories; 12. Parking lots/structures, public; 13. Public utility service yards; 14. Public utility structures and service facilities; 15. Public works maintenance facilities and storage yards; 16. Radio or television transmitters; 17. Radio stations; 18. Restaurants or cafes (excluding fast food or drive-ins); 19. Studios, large 20. Studios. small -19:21. Wireless telecommunications facilities -non-stealth. D. Prohibited uses in C-M (Controlled Manufacturing) zoning district. The following uses are prohibited: 1. Any use which is obnoxious or offensive or creates a nuisance to the area by reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances; 2. The use of any building that was constructed as a residential structure. Such building is considered nonconforming and subject to the provisions of Chapter 21.58 (Nonconforming Uses and Structures); 3. The storage of raw, in process, or finished material and supplies, and of waste materials outside of an enclosed building; 4. All incineration; 5. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.); 6. Any use inconsistent with state or federal law. E. General development standards for uses in C-M (Controlled Manufacturing) zoning district. New land uses and structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the requirements in Table 2-12 (General Development Standards - C-M Zoning District), in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards). 24 Table 2-12 General Development Standards - C-M Zoning District Develo ment Feature C-M inimum lot area shall be indicated by the number following the C-M designation on the Th Minimum parcel size e m Such number represents the required net lot area in thousands of square feet. map zonin . g Provided that where a lot has an area less than that required by the district and was legally recorded as a separate parcel at the time this chapter became effective, such lot may be used in accord with the rovisions of this cha ter. Maximum floor area ratio 0.40 The planning commission shall have the authority to increase the F.A.R. for a specific use at ' ustment. a s ecific location when it determines that circumstances warrant an ad Setbacks re uired Front 20 ft. Side each 10 ft. Street side 10 ft. Rear 10 ft. The planning commission may grant a reduction or approve a structure to be placed on the rear property line and may designate that additional landscaping and setback requirements be rovided at the front of the arcel. Maximum hei ht limit 45 ft. Accesso structures See Section 21.36.020 Accesso structures Fences, walls, lattice and See Section 21.18.060 (Fences, walls, lattice and screens) screens Landsca in See Section 21.26.020 Landsca in re uirements for individual zonin districts Motor vehicle arkin See Cha ter 21.28 Parkin and Loadin Si ns See Cha ter 21.30 Si ns F. Design guidelines. In its review of development projects, the decision-making body shall take into consideration the commercial design guidelines that have been adopted by the city. 21 10 080 - M-1 (Light Industrial) zoning district. A. Purpose of M-1 (Light Industrial) zoning district. The M-1 zoning district is designed to encourage sound industrial development (e.g., light manufacturing, industrial processing, storage and distribution, warehousing), in addition to service commercial uses (e.g., motor vehicle repair facilities) in the city by providing and protecting an environment exclusively for this type of development, subject to regulations identified in this Zoning Code which are necessary to ensure the protection of nearby residential uses from hazards, noises, or other related disturbances. Industries producing substantial amounts of hazardous waste, odor, or other pollutants would be prohibited. Businesses serving commercial uses (e.g., food service or office supply) would generally be allowed as ancillary uses, subject to appropriate development and design standards and guidelines. The M-1 zoning district is consistent with the light industrial land use designation of the General Plan. B. Permitted uses in M-1 (Light Industrial) zoning district. The following uses are permitted with a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances): 1. Ambulance service. 2. Artisan products, small-scale assembly. 3. Blueprinting shops. 4. Business support service. 5. Clothing products manufacturing. 6. Electronics and equipment manufacturing. 25 7. Food and beverage product manufacturing. 8. Furniture/cabinet shops. 9. Glass products manufacturing. 10. Handicraft industries, small-scale assembly. 11. Laboratories. 12. Laundries/dry cleaning plants. 13. Light rail lines. 14. Light rail passenger terminals. 15. Lumber and wood products, including incidental mill work. 16. Machinery manufacturing. 17. Metal products fabrication. 18.Offices, professional. 19. Paper products manufacturing. 20. Pharmaceutical manufacturing. 21. Plastics and rubber products. 22. Printing and publishing. 23. Repair and maintenance, consumer products. 24. Research and development. 25. Rug and upholstery cleaning. 26. Satellite television or personal Internet broadband dishes/antenna (less than 3 feet in diameter). 27. Sign manufacturing. 28. Sign shops. 29. Textile products manufacturing. 30. Trucking/freight terminals. 31. Warehousing, wholesaling and distribution facility, incidental. 32. Warehousing, wholesaling and distribution facility, primary. 33. Wireless telecommunications facilities-stealth (requires approval of a site and architectural review Permit). 34. Sexually oriented business in compliance with Chapter 5.55 and section 21.36.205 of this Code. C. Uses allowed with conditional use permit in M-1 (Light Industrial) zoning district. The following uses are permitted with a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits): 1. Ancillary retail uses serving industrial uses. 2. Alternative fuels and recharging facilities. 26 3. Broadcast and recording studios. 4. Building material stores/yards. 5. Caretaker/employee housing. 6. Cat and dog day care facilities. 7. Cat and dog grooming facilities. 8. Cat Boarding facilities. 9. Catering business. 10. Chemical products. 11. Construction equipment rentals. 12. Contractor's equipment yards. 13. Conversion, industrial converted from residence. 14. Dog Boarding facilities. 15. Emergency shelters. 16. Government offices and facilities (local, State or federal). 17. Health/fitness centers. 18. Late night activities. 19. Marine sales (new and used), with/without service facilities. 20. Motor vehicle-cleaning, washing, and detailing. 21. Motor vehicle-dismantling. , 22. Motor vehicle-leasing. 23. Motor vehicle-oil change facilities. 24. Motor vehicle-painting. 25. Motor vehicle-renting. 26. Motor vehicle-repair and maintenance (minor and major/only within an enclosed structure). 27. Motor vehicle-repair and maintenance (minor/only within an enclosed structure). 28. Motor vehicle-sales (new and/or used). 29. Motor vehicle-tune-up. 30. Motor vehicle-tune-up-light duty only. 31. Motor vehicle-window tinting. 32. Outdoor storage. 33. Parking lots/structures, public. 34. Public assembly uses. 35. Public utility structures and service facilities. 36. Public works maintenance facilities and storage yards. 37. Radio or television transmitters. 38. Radio stations. 39. Recycling facilities -large collection facility. 40. Recycling facilities -processing facility. 41. Restaurants or cafes (excluding fast food or drive-ins). 42. Storage facilities (one facility per every five thousand people of the population). 43. Studios.large 44. Studios, small 43.45. Towing services. 44:46. Trailer sales (with or without service facilities). 45-:47. Transitional housing. 46:48. Veterinary clinics and animal hospitals. 4.49. Wireless telecommunications facilities -non-stealth. D. Prohibited uses in M-1 (Light Industrial) zoning district. The following uses are prohibited: 1. Any use which is obnoxious or offensive or creates a nuisance to the area by reason of the emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbances; 2. The use of any building that was constructed as a residential structure. Such building is considered 27 nonconforming and subject to the provisions of Chapter 21.58 (Nonconforming Uses and Structures); 3. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.); 4. Any use inconsistent with state or federal law. E. General development standards for uses in M-1 (Light Industrial) zoning district. New land uses and structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the requirements in Table 2-13 (General Development Standards - M-1 Zoning District), in addition to the general development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Development and Operational Standards). Table 2-13 General Development Standards - M-1 Zoning District Develo ment Feature M-1 Minimum arcel size 6,000 s uare feet Maximum floor area ratio 0.40 The planning commission shall have the authority to increase the F.A.R. for a specific use at a specific location when it determines that circumstances warrant an ad'ustment. Setbacks re uired Front 10 ft. or one-half the height of the building wall adjacent to the 5 ft Side (each) . side ro ert line whichever is rester . Street side 10 ft. Rear 10 ft. The planning commission may grant a reduction or approve a structure to be placed on the rear property line and may designate that additional landscaping and setback re uirements be rovided at the front of the arcel. Maximum hei ht limit 45 ft. Accesso structures See Section 21.36.020 Accesso Structures walls, lattice and screens Fences See Section 21.18.060 Fences, Walls, Lattice and Screens , See Section 21.26.020 (Landscaping requirements for Landscaping individual zonin districts Motor vehicle arkin See Cha ter 21.28 Parkin and Loadin Si ns See Cha ter 21.30 Si ns F. Design guidelines. In its review of development projects, the decision-making body shall take into consideration the industrial design guidelines that have been adopted by the city. 21.10.090 -Reserved. Chanter 21.28 PARKING AND LOADING Sections: 21.28.010 -Purpose. 21.28.020 -Applicability. 21.28.030 -General parking and loading regulations. 21.28.040 - Number of parking spaces required. 21.28.050 -Parking modification permitAd}~stments-tt~-park++~g~ec~u+remer?ts• 21 28 055 -Mixed-use developments. 28 21.28.060 -Disabled parking requirements. 21.28.0658 -Motorcycle a+~d-f~ir~sle-parking. 21.28.075 -Bicycle parking. 21 28 075 -Clean air vehicle and van pool parking. 21.28.080 -Development standards for off-street parking. 21.28.090 -Driveways and site access. 21.28.100 -Design of parking structures. 21.28.110 -Loading space requirements. 21.28.120 -Recreational vehicle parking. 21.28.010 -Purpose. This chapter is intended to ensure that adequate off-street parking and loading spaces are provided for each type of land use: 4 in a manner that will ensure their usefulness, support alternative transportation solutions improve the urban form of the community, and protect the public safety;-gad-where-appropriate,-ias~alate-surrorrndi~rg-land-uses-from-their-~e~{~act. 21.28.020 -Applicability. Every use and structure, including a change or expansion of a use or structure shall have appropriately maintained parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily completed. 21 28 030 -General parking and loading regulations. A. Parking and loading spaces to be permanent. Parking and loading spaces shall be permanently available, marked and maintained for parking or loading purposes for the use they are intended to serve. B. Parking and loading to be unrestricted. Owners, lessees, tenants, or persons having control of the operation of a premises for which parking or loading spaces are required by this chapter shall not prevent, prohibit or restrict authorized persons from using these spaces without prior approval of the community development director. C. Restriction of parking area use. Required off-street parking, circulation, and access areas shall be used exclusively for the temporary parking and maneuvering of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the provisions of this code. D. Change in use. When there is a change in use that would require additional parking spaces, the spaces shall be provided at the time of the change, in compliance with Subsection 21.28.040 CDC (Expansion/remodeling of structure, or change in use.-), E. Conformance. Uses that were in existence at the time of adoption of this chapter and that were in conformance with the provisions of this chapter at that time shall not become "nonconforming" solely because the parking spaces provided do not meet the requirements of this chapter. However, if the use is enlarged or changed, parking spaces shall be provided as required in this chapter. 21 28 040 - Number of parking spaces required. A. Parking requirements by land use. Each land use shall be provided the number of parking spaces required by Table 3-1, (Parking Requirements by Land Use) rau~be~~ef~pases are-req~tireed-thraug#-1a+~c1-t~se-e . #a~~n~,etedae sornpliat~e-w+th-Section 21:28:t}5(3-{Adiestr-~ents-#o-parking 29 ree}uirerneats}:- except land uses located in the F~arking-regU+remen#s#or-t#~e-C-3 (Central Business District) zoningdistrict which are subject toere pr$vfded-gin Section 21.10.060 (C-3 (Central Business) zoning dDistrict). B San Tomas area neighborhood plan Parking requirements for low-density residential projects on properties located within the boundaries of the San Tomas area are provided in the San Tomas area neighborhood plan. B:C.Multi-tenant sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use,; yarn{~rehensivea.y. as a shnpp4ng-center;-the-parking ratio shail-be that rec}utred..far. t#~ae-shep{~ir~ eenter-as-a-whe he +~mbe~a~ ryarl~c~-s{~ase~~~ro°- ~°-allewed-~n son~ance-w+th-Section-2-1:050-4AtljasN~aents-ta perk+ag-req~~irements} GD.Expansion/remodeling of structure, or change in use. Except where a ~arkinclmodification permit has been granted in compliance with Section 21 28 050 (Parking modification permit) or as provided for in Section 21 10.060.1.3 (Change in use),Wwhen the use of a structure changes to a use that requires the same number of parking spaces as the immediately previous use, the number of required parking spaces for the new use shall be the same as the requirement for the previous use, regardless of the number of spaces actually provided by the previous use provided that: a. The previous use was legally established; and b. No spaces were eliminated by the previous use. 2. When a legally established structure is enlarged or increased in capacity, or when a legally established use is changed to one that requires more off-street parking than the existing or previous use. a. Only the number of parking spaces required for the addition needs to be provided; or b. The difference in the required number of parking spaces for the new use and the existing use only needs to be provided. 3. When a structure (or a portion of a structure) is intentionally demolished, any new use or structure shall provide the number of parking spaces required by this chapter. 4. Additional parking spaces shall not be required for an addition to a structure made solely for the purpose of increasing access for disabled persons. B:E.Uses not listed. Land uses not specifically listed by Subsection A-(Parking requirements by land use), above, shall provide parking as required by the community development director. tThe community development director shall use the requirements of Table 3-1 as a guide in determining the minimum number of parking spaces to be provided. €:F. Rounding of quantities. When calculating the number of parking spaces required, any fraction of a number shall be rounded t~p-to the nearest whole number. ~_G.Company-owned vehicles. The number of parking spaces required by this chapter does not include spaces needed for the parking of company-owned vehicles. Parking spaces to accommodate company-owned vehicles shall be provided in excess of the requirements for a particular land use and shall be screened from view from the public right-of-way. Table 3-1 Parking Requirements by Land Use 30 Land Use T e: Vehicle S aces Re uired Residential Uses Child day care homes, large In addition to the spaces required for the residential use, a minimum of 3 additional spaces shall be required, including 2 loading spaces and 1 em to ee s ace. Group quarters (including lodging houses, rooming houses and fraternities/sororities 1 space for each bed, plus 1 space for each employee living off the premises. Mobile home parks 2 covered spaces for each mobile home (tandem parking allowed in an attached carport), plus 1 guest parking space for each 4 units. Guest parking standards see below" Recreational vehicle parking shall be rovided at the rate of 1 s ace for eve 5 units. Secondary dwelling units (including caretaker and em to ee housin 2 spaces per unit, 1 of which must be covered. Sin le-famil dwellin 2 s aces for each unit, 1 of which shall be covered. Small-lot single-family dwelling 2 '/z spaces for each unit 1 of which shall be covered, plus'/z space desi Hated uest arkin s ace for each unit. Multi-famil dwellin s: -Studio or one bedroom units 2 spaces for each unit 1 of which shall be covered, plus'/2 space desi Hated nest arkin s ace for each unit. - Two or more bedroom units 2 '/z spaces for each unit 1 of which shall be covered plus'/z space desi Hated uest arkin s ace for each unit. Transit-oriented develo ments: - Studio or one bedroom units 1 '/z spaces for each unit 1 of which shall be covered plus'/2 space desi Hated uest arkin s ace for each unit. -Two or more bedroom units 2 spaces for each unit 1 of which shall be covered, plus'/z space desi Hated uest arkin s ace for each unit. A{~artr~aents ka-additier~_te_the_parkiac~t~e~}u~red , a°~•,••,-_-_~~`~ Ge-fey ees#-5-ur}its-er-#astiee-t~eree~ -...L.~ne_bedrex~m ueFts ~-'mss aces #or eacM ut~1t, _1__of wh~sh shawl be-covered: _._ 2--s aces #ar each ur}it, '4 of whECh shaat.be_covered: Du lex/tri lexJfour lex 2 s aces for each unit, 1 of which shall be covered. T~wnhe+~eslsendea~ia i urns C,n~ ;~dreer~ t~+~+ts eas#~-u+~it; 1--ei dvh- is#-~ha44 fie-severed: ---Tw4 or--~ore-bedroom} units mss- aegis-#or each _unit._ 1 of which sk~a{t becovered: Residential care facilities (including assisted living facilities, licensed care, unlicensed care, residential care homes, convalescent/rest homes, and sanitariums 1 space for each 2 beds. Senior citizen housing -.1....s~o..#or each-3 ur-its:Quantity to be determined through a parking stud re ared b a ualified trans ortation en ineer. Transitional housing / emer enc shelters 1 space for each 3 beds. Education, Public Assembl and Recreation Commercial da care center 1 s ace for each em to ee lus 1 s ace for each 5 children. Schools/Instructional Uses: Elementary/junior high ~:5-1 YZ spaces for each classroom, plus 1 space for each 75 sq. ft. of assembl area. High school 10 spaces for each classroom, plus 1 space for each 75 sq. ft. of assembl area. c °^'°''=~ Commercial schools 1 space for each instructor/emplokee plus 1 space for each 4 students, , trade-and business sshoois educatioc but not less than 1 space per 200 sg ft of gross floor area.-f5 s{}aces , ~tudia ets: 1..-space-for-each 2E10 sq,_#t. a#gross #Ioor aa~ea: Studios small 1 s ace for each 250 s . ft. of ross floor area. large Studios 1 space for each instructor/emplovee plus 1 space for each 4 , artici ants but not less than 1 s ace er 200 s . ft. of ross floor 31 area. Tutorin center small 1 s ace for each 200 s . ft. of ross floor area. large Tutoring center 1 space for each instructor/employee plus 1 space for each 4 students, , but not less than 1 s ace er 200 s . ft. of ross floor area. Public facilities: Communit /cultural/ recreational center 1 s ace for each 200 s . ft. of ross floor area Libraries, museums, art alleries 1 s ace for each 200 s . ft. of ross floor area. Public assembl Places of public assembly 1 space for each 4 seats, plus 1 space for each 40 sq. ft. of public assembl seatin area, if the seats are not fixed. Entertainment and recreation: Arcades and indoor amusement/recreation centers 1 space for each 200 sq. ft. of gross floor area. Bowlin alle s 4 s aces for each lane lus re uired s aces for ancilla uses. Health/fitness centers 1 s ace for each 150 s . ft. of ross floor area. Pool and billiard rooms 4 s aces for each table lus re uired s aces for ancilla uses. Private clubs 1 s ace/ for each 200 s . ft. of ross floor area. Skating rinks 1 space for each 400 sq. ft. of gross floor area plus required spaces for ancilla uses. Tennis/racquetball/handball or other courts 2 spaces for each court, plus 1 space for each 300 sq. ft. of gross floor area used for ancilla uses. Theaters, concert halls, banquet facilities 1 space for each 3 fixed seats or 1 space for each 35 sq. ft. of gross assembl area where fixed seatin is not rovided. Manufacturin and Processin General manufacturing, industrial, and rocessin uses 1 space for each 400 sq. ft. of gross floor area. Research and development, laboratories 1 space for each 2~8-300 sq. ft. of gross floor area (parking shall not be rovided in excess of this standard . Warehouses and storage facilities (not includin mini-stora a for ersonal use 1 space for each 400 sq. ft. of gross floor area. Motor Vehicle and Related Retail Trade and Services Motor vehicle parts and supplies (very limited maintenance/installation 1 space for each 350 sq. ft. of gross floor area. Motor vehicle repair and maintenance 2 spaces per single-serving service bay plus 1 space for each 225 sg. and oil chance facilities ft of non-service area (e a waiting or customer service areas):1 space ~ Motor vehicle repair and maintenance and oil change facilities with service bays with the capacity to service more than one vehicle shall rovide additional arkin commensurate with this standard. aer~lse-Gasoline stations arid-eit-change ~~.~ In addition to fueling spaces, 1 space for each 250 sq. ft. of convenience market gras~~-#leer-area or not less than 2 spaces if no convenience market.; Motor vehicle, boat, or trailer sales, leasing and renting In addition to space provided for merchandise display, one space for each 450 sq ft of outdoor dis~lay area or indoor showroom area, plus 1 space for each 225 sg ft of office area plus 1 space for each 750 sic ft vehicle warehousing space.-~-space-#c~r easy en3{~leyee;-plan 1 Self-service vehicle washin 2 s aces for each washin stall, for ueuin and d in . Full-service vehicle washing 1 space for each 250 sq. ft. of gross floor area, plus 10 spaces for each wash lane in the d in area. Retail Trade Banks and financial services 1 s ace for each 350 s . ft. of ross floor area. Building materials, hardware stores, arden centers and lant nurseries 1 space for each 300 sq. ft. of indoor display area, plus 1 space for each 1,000 s . ft. of outdoor dis la area. Furniture stores 1 s ace for each 400 s . ft. of ross floor area. Retail stores, sbepplr-g-~r-ters; speculative commercial buildings 1 space for each 200 sq. ft. of gross floor area, but not less than 2 spaces per use, plus 1 space for each 1,000 sq. ft. of outdoor display area. Warehouse retail stores 1 s ace for each 300 s . ft. of ross floor area. Services 32 Services, general 1 space for each 250 sq. ft. of gross floor area, but not less than 2 s aces er use. Hotels and motels 1 s ace for each unit, lus 1 s ace for each em to ee. Professional offices 1 s ace for each 225 s . ft. of ross floor area. Medical services: Medical, dental clinic, offices, and laboratories 1 space for each 200 sq. ft. of gross floor area. Hospitals, extended care 1 '/< space for each bed, plus 1 space for each 400 sq. ft. of office area, lus re wired s aces for ancilla uses Restaurants: Eating/drinking establishment_(no drive- throw hthru 1 space for each 3 seats (indoor or outdoor plus 1 space for each 200 s . ft. of non-dinin floor area. Eating establishment (with drive-through) 1 space for each 3 seats plus 1 space for each 200 sg. ft. of non-dining floor area A queuing lane is required in compliance with Section 21.28.080E Drive-throw h windows . Drive-t#ru-in restaurant 1 space for each employee, plus 1 space for each 40 sq. ft. of gross floor area. Restaurants, delicatessens, take out only, no customer seatin 1 space for each 250 sq. ft. of gross floor area, but not less than 2 s aces er use. 21 28 050 Parking modification permitA~l~ustt~+ents te-parking-regeiremer~ts A reduction in the number of parkina spaces required by Table 3-1 may be granted by approval of a parkin modification permit in comel~iance with this section. The- spaces ~ ~ ~„ ~,., , ,~..., ,.,~~ ..... ,„ ....-.. ad}ustment- ~ +renaen+c m~•• t33gr~~~E~ rt h' t+ +h F'..l1ir~~ ~f+h~ plar~e~eme~sien-ttaa latiec~; ~=`T",~"Y If++sers-Ad}~+stments rna~-tnsit~de- to:-the-#ellew}ng: Shared parking-reduction:-alVhere-two-or-furore-rases have list++~et and-d{fferFr-g peak...park+ng usage-periods e}est-{e:g= ret ~ r af~d-apartments erg the-sec~er~d- aye-a ~ ~ f-parkir~g~pases~h } ake jein# ese e'i-the•~arkir~gfacil+ties: A~Alternative-transportatiefr-incentive:-As-an-intent+ue for...the ear~uragement..of the ese-of alternat+ve-tra+~sportat+ef~ methods;-the planning camreission may a44ow a redeetior4-~athe fe8owting: ,~U.,+~~~ °r'-~^~ °~--Spesialiy_mar!~tid-park+n~-s{~ases#e~-use-by-dart+si{3ants-in-a -use-cif metor vehisaes-provided-in a locatiee cenver~ient to build~~rg er~tfanses: ~. rejects-within'/~-~il S:Bisyele faeiEit+es~-Secured..bicysle parkir;y. A Applicability An application for a parking modification permit shall be required by the community development director in conLnction with an application for a land use permit or zoning clearance whenever a proposed use or structure does not provide the number of parking spaces required by this chapter or when the number of parking spaces for an existing use or building is reduced to a lesser number than required by this chapter. B Decision making authorit~The decision-making body for a parking modification permit shall be the decision making body established for the accompanying land use permit or zoning clearance application as specified by Chapter 21 38 (Application Filing Processing, and 33 Fees except that the city council shall be the decision-making body for properties located in the C-3 Central Business District) zoning distract. C Notice and decision The notice and decision for a parkins modification permit filed in conjunction with an application for a zoning clearance or administrative permit shall be subject to the administrative decision process as prescribed in Chapter 21 71 (Administrative Decision Process) A parkins modification permit filed in conjunction with any other land use permit application shall be subject to the public hearing process as prescribed in Chapter 21.64 (Public Hearing). D Application requirements An application for a parking modification permit shall be filed with the communitxdevelopment department in conjunction with the accompanymg land use permit or zoning clearance application in compliance with Chapter 21 38 (Application Filmg Processing and Fees). E Applicant's responsibility It is the responsibility of the applicant to provide pertinent documentation necessary to establish evidence in support of the findings required by Subsection G (Determination permit/. F Parking demand stud~r A parking demand study prepared by a qualified transportation engineer shall be required as follows unless otherwise waived by the community development director At the discretion of the community development director the study shall be conducted under the direction of the City and paid for in advance by the applicant. a Construction or enlargement of a nonresidential, residential or mixed-use structure( when the number of parking spaces provided is less than ninety percent of that required by this chapter. b Anew use in an existing structure where no exoansion of floor area is proposed when the number of parking spaces available to the use is less than ninetypercent of that required by this chapter. G Determination on permit A parking modification permit shall be approved only after the decision making body makes the following findinas for approval: a Due to the unique nature and circumstances of the project or special development features the anticipated number of parking spaces necessary to serve the use or structure is less than that required by the applicable off-street parkingstandard and would be satisfied by the existing or proposed number of parkingspaces as supported by review of the applicant's documentation and/or a parking demand studyprepared by a qualified transportation enaineer accepted by the decision-making body: b Conditions of approval have been incorporated into the project to ensure__the longterm adequacy of the provided off-street parking; and c Approval of the parking modification permit will further the purpose of this cha ter. H Conditions of approval In approving a parking modification permit the decision-making body shall incorporate conditions of approval as necessary to ensure the long-term adequacy of off- street parkins facilities including but not limited to restrictions on the scope and operational characteristics o~roposed use(s.~ restrictions on future use(s) and provisions for alternatwe transportation programs or development features that justify the grantmq of a parking modification permit. 21 28 055 -Mixed-Use developments. Parking in a mixed use project shall be provided for each use in compliance with Table 3-1, (Parking 34 Requirements by Land Use) except that fiftypercent of the guest parking_spaces required for the residential component m~ be counted towards satisfying the parking required of the commercial component as shared parking in compliance with the following standards: A Parking Management Plan An application for amixed-use project shall include a parking management plan that provides for the design duration oversight and operation (e g hours of use commercial land-use restrictions etc) of shared parking spaces prepared to the satisfaction of the decision-making bodv. B Location Shared parking spaces shall be located in a manner that is accessible and convenient to both the commercial tenant spaces and residential units. C Signs Shared parking spaces shall be posted with signs indicating their shared use and any applicable restrictions. 21.28.060 -Disabled parking requirements. Parking areas shall include parking spaces accessible to the disabled in the following manner: A. Fulfilling of requirements. Disabled accessible parking spaces required by this chapter shall count toward fulfilling the parking requirements of this chapter. B. Number of spaces, design standards. Parking spaces for the disabled shall be provided in compliance with the uniform building code and the Federal Accessibility Guidelines. C. Reservation of spaces required. Disabled access spaces shall be reserved for use by the disabled throughout the life of the use. D. Residential multi-family uses. For each dwelling unit required to be designed to accommodate the physically handicapped or required to be made adaptable for the physically handicapped, the required covered parking shall be designed as required by Part 2, Title 24, Califomia Administrative Code. E. Upgrading of markings required. If amendments to State law change standards for the marking, striping, and signing of disabled parking spaces, disabled accessible spaces shall be upgraded in compliance with the new state standards. 21.28.0650 -Motorcycle as~d-~+syele-parking. Developments that provide twenty or more parking spaces are encouraged-may to designate parking facilities for bisysle-arid-motorcycle parking in compliance with this section. assar~raodate-bFeyc4e par-kir+g-staAs#er-a spec~if+s use-Motorcycle parking may substitute for up to five spaces or ten percent of required vehicle parking whichever is less For every four motorcycle parking spaces provided the vehicle parking requirement shall be reduced by one space Motorcvcle space dimensions shall be a minimum of four feet b~six feet Existingparking may be converted to take advantage of this provision. 21.28.070 -Bicycle parking. Short-term and long=term bicycle parking facilities shall be provided in compliance with Part 11, Title 24, Califomia Code of Regulations as required by Chapter 18 26 (Green Building Standards Code). The decision-making bodv may require additional bicycle parking_beyond this requirement in order to the further the purpose of this chapter. 21 28.075 -Clean air vehicle and van pool parking. Parking for low emitting fuel-efficient and van pool vehicles shall be provided in compliance with Part 11 Title 24 California Code of Regulations as required by Chaeter 18 26 Green Building Standards Code). 21.28.080 -Development standards for off-street parking. 35 Off-street parking areas shall be designed and constructed in compliance with the following standards: A. Location. Off-street parking spaces shall be provided on the same site as the use outside of any public right-of-way, except that the planning commission may approve parking for nonresidential uses on a parcel directly abutting the parcel subject to the recordation of a covenant running with the land recorded by the owner of the parking area guaranteeing that the required parking will be maintained for the life of the use or activity served. B. Access to parking areas and parking stalls. 1. Parking space access. Except for one and two-family dwellings, all parking facilities shall be designed so that no parking space blocks the access to another parking space or driveway unless otherwise allowed by a development permit. 2. On-site maneuverability. Except for one and two-family dwellings, parking areas shall provide suitable on-site maneuvering room so that vehicles do not back out into the street. 3. Required yards. Parking areas shall not be developed in a required front or side yard fronting on a public street. 4. Relationship to the public right-of-way. No garage or carport shall be closer than twenty- five feet to a public right-of-way. 5. Adjacent site access. Applicants for nonresidential uses shall provide shared vehicle and pedestrian access between adjacent nonresidential properties for convenience, safety and efficient circulation, as practical. A joint access agreement guaranteeing the continued availability of the shared access between the properties and running with the land shall be recorded by the owners of the abutting properties, as approved by the community development director. ~:Gar-{aooa ar~d bicycle spaces:-Ear poo}-and-bicycle-spaces-shala...be-(orated ae-class-as-+s practica} to-tl~e-er-trance(s}..#o t#~e use-4hey are intended-to--serve.-Spaces s#ia}l...be pedestrians at-entrances-or-sidewalks: ~:6. Guest parking spaces. Guest parking spaces shall be clearly marked for guest parking only and shall be dispersed throughout the development site except as otherwise allowed by Section 21.28.055 (Mixed use developments). 8-:7. Shared driveways. Nonresidential projects and mixed-use projects shall consolidate driveways to reduce the amount of curb cuts and paving, where possible. C. Parking space dimensions. 1. Residential uses. The minimum dimensions for residential parking spaces shall be nine feet by twenty feet. 2. Nonresidential uses. AAi ' All parking spaces shall be designed as uni-stallas#eNaws: a. rau-~ber_ef-rampart-parklr~g spaces en any.slte_sk~a}}...net-exceed-#wenty-I"we ~._~~ h-~tl h ht .. rl ~+ h-+If f ~,4 h~ oiyh+~o.,o~_~ ~~~t_ 9evelopnaents-shc~A rFB~tlSe L{nl~-staNi,` -4r~ G6a juneti9 36 parkieg-spacee. d:gara # . a Parking space dimensions shall be a minimum of eight and a half feet by e_yhteen feet except that parallel parking space dimensions shall be eioht and a half feet by twenty two feet Parking overhangs may be permitted in compliance with Subsection 21 28 080(G)(7) (Bumper overhang areas). b Parking spaces with dimensions greater than those specified by this section ma rLbe created so long as all parking spaces remain urnform is size. c Standard and compact parking spaces in existence prior to July 1 2011 may be maintained through periodic restriping However repavina of parkmg surfaces shall require restriping in accordance with this chapter so Iona as the restriping does not result in a fewer number of parking spaces than currently exist. D. Parking diagrams and table. The width of aisles in parking lots and minimum dimensions shall be provided in compliance with this chapter and Table 3-2 and Figure 3-7. Fioure 3-7 Illustration of Parking Dimensions F E 60° Parking Spaces F E 40° Parking Spaces D A s rJ~- ~ ~~~~ -- Oi° Parkfnr~ (Para!lel~ €i~- al4ustrataor} o€ 4~arkir~g U+rr+er~s+oes TABLE 3-2 Off-Street Parking Dimensions 37 Star~da rd-F~arking-Space A+~I e Stall Wi~tJa Sta+4 L-ength Salt Bep#1~ Aisle W-idth(9ne-Way A+s4ej Tsta4-Medu~e nth 38° 8' 28' ~S" ~ 5' S8' ~„ 45° S' 24' 2p:-6" 1~' 56' ~° ~' 28: 24--0" a-i3= 59'-6`-' 98°- 9' 2a' 213' ~ 65' Carr~paet. p'arl~in~r ~paes ~0° g: .}.6: ~.5: 15' 45' 69° 8' 46' a..~'-9" fig' S1=-&" 98° ~' a-6 a 6' ~'* a~ lei-stab-)~arl~ir~g-S pace 8° 8'6" 22 gam" ~ 2-9:. 38`-' 8'6" ~-8' a 6'-~" ~-a' 46' 4a° 8'6" ~' a 8=9" ~-5' 42'-6"- 68° ~" ~' -a-53-8" a-6' ~5'-6.~ 9~° 8'6" 18r 1&' 25" 6.1.:. Minimum Uni-stall Pa rkin S ace Dimension s Angle Stall Width Stall Length Stall Depth Aisle Width Total Module Width jD) (One Way Aisle) (F) 0° 8'6" 22' 8'-6" 12' 29' 30° 8'6" 18' 16'-6" 15' 48' 45° 8'6" 18' 18'-9" 15' S2'-6" 60° 8'6" 18' 19'-9" 16' S5'-6" 90° 8'6" 18' 18' 25"` 61' Two-way aisle dimension. E. Drive-through windows. For each use that provides drive-through window service to occupants of vehicles, there shall be a queuing lane of not less than +~d twelve feet in width, and providina a queuing lenath adequate to serve the demand of the use and prevent the blocking of drive aisles and traffic lanes. ~~-space .Upon application for a new land use permit or zoning clearance for adrive-through use the community development director may require submittal of a vehicle circulation studv prepared by a qualified transportation engineer to determine the necessary queuing length to adequatelyserve the demand of the use. At the discretion of the community development director the study shall be conducted under the direction of the City and paid for in advance by the applicant. F. Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of the on-site structure(s). All illumination, including security lighting, shall be directed downward, away from adjacent properties and public rights-of--way in compliance with Section 21.16.060, (Outdoor light and glare) of this title. G. Landscaping. Parking lot landscaping shall be provided in compliance with Chapter 21.26, (Landscaping Requirements) of this title and the following additional requirements: 1. Perimeter parking lot landscaping. The minimum dimensions of street frontage and perimeter landscaping shall be provided in compliance with the dimensions outlined in Chapter 21.26, (Landscaping Requirements) of this title. 38 2. Interior parking lot landscaping. Where twenty-five or more parking spaces are provided, an interior parking lot landscaped area shall be required, which may include the required frontage and perimeter landscaped areas if adjacent to the parking spaces. Interior landscaped area(s) shall be provided at a rate of twenty square feet of landscaping for each parking space. 3. Landscape materials. Landscaping materials shall be provided throughout the parking lot area using a combination of trees, shrubs, and ground cover. Drought-tolerant landscape materials shall be emphasized. 4. Trees. Where twenty-five or more parking spaces are provided, a minimum of one tree per eight parking spaces, or any fraction thereof, shall be required. Tree spacing shall be provided at a minimum to provide a tree canopy over the parking lot. 5. Screening. A combination of landscaping and decorative walls, in compliance with Section 21.18.060, (Fence, walls, lattice and screens) of this title shall be located around parking areas as a visual screen. 6. Curbing. Areas containing plant materials shall be bordered by a concrete curb at least six inches high and six inches wide. Alternative barrier designs may be approved by the decision-making body. 7. Bumper overhang areas. To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving or the walkway may be increased, allowing atwo-foot bumper overhang while maintaining the required parking dimensions. Bumper overhang areas shall not encroach into required walkways, required landscape areas, or right-of-way. H. Striping and identification. 1. Vehicular. Parking spaces shall be clearly outlined with four-inch wide lines painted on the surface of the parking facility. Circulation aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines to ensure safe traffic movement.-Compact ar}d-car~oal spaces sha 2. Disabled. Parking spaces for the disabled shall be striped and marked so as to be clearly identified in compliance with the applicable state standards. Surfacing. 1. Motorcycle and vehicular. Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, or other all-weather surfacing approved by the community development director. Grass block cells are not allowed. 2. Hollywood drives. Hollywood drives shall be allowed for one and two-family residential driveways. 3. OverFlow parking areas. Pervious paving materials shall be used for overFlow parking areas to the extent possible. J. Pedestrian walkways. Nonresidential developments shall provide separate walkways through the parking lot that connect on-site buildings and public sidewalks, to the greatest extent feasible. K. Drainage. 39 1. Surface water from parking lots shall not drain over sidewalks or adjacent parcels. 2. Parking lots shall be designed in compliance with the storm water quality and quantity standards of the city's best management practices, and shall be approved by the city engineer. To the extent feasible, parking lot designs shall reduce the amount of storm water flow and pollutants from entering the storm drain system. 21.28.090 -Driveways and site access. Driveways providing site access shall be from an improved street, alley, or other public and/or private right-of- way, and shall be designed, constructed, and maintained as follows: A. Driveway separation. Driveways shall be separated along the street frontage as follows: 1. Single-family and duplex residential development. Driveways shall be a minimum of five feet from side property lines, unless a shared, single driveway is approved by the community development director. The setback does not include the transition or wing sections on each side of the driveway and does not apply to flag lots. Figure 3-8 Driveway Separation 2. Multi-family and nonresidential development. Where two or more driveways serve the same or adjacent multi-family or nonresidential development, the centerline of the driveways shall be separated by a minimum of fifty feet. Exceptions to this standard shall be subject to the approval of the city engineer. B. Driveway width and length. 1. Single-family and two-family uses. a. Each single-family dwelling shall provide a minimum eight-foot wide paved driveway continuous from the street or other public right-of--way providing access to the property, garage, or carport. b. The minimum length for a driveway shall be twenty-five feet. 2. Multi-family dwellinos, fawn#ome, condominiu+n; and nonresidential uses. Driveways for all uses, except single-family and two-family uses, shall be governed by Table 3-2 (Off- Street Parking Dimensions) and Figure 3-7 (Illustration of Parking Dimensions) except that in no case shall aone-way driveway be less than ten feet in width and a two way driveway be less than twenty feet in width. 40 21.28.100 -Design of parking structures. A. Architectural character. Parking structures visible from street frontages shall be designed to be compatible with the architectural detailing and quality of adjacent buildings. Long blank walls adjacent to pedestrian sidewalks shall be avoided. Whenever appropriate, retail uses should be integrated into the ground floor of the structure adjacent to the public sidewalk. B. Access ramps. Access ramps shall be located within the structure and separate from exterior walls. 21.28.110 -Loading space requirements. A. Number of loading spaces required. Off-street loading spaces shall be the minimum number required to adequately serve the building or use or in amounts as required by the planning commission. B. Development standards for loading areas. Loading areas shall be provided in the following manner: 1. Dimensions. Loading spaces shall be not less than twelve feet in width, twenty-five feet in length, with fourteen feet of vertical clearance. 2. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting sources shall be shielded to prevent light spill beyond the property line. Lighting standards shall be energy-efficient and in scale with the height and use of adjacent structure(s). Lighting shall meet the requirements for light and glare in Section 21.16.060, (Outdoor light and glare). 3. Loading doors and gates. Loading bays and roll-up doors shall be painted to blend with the exterior structure wall(s) and be located on the rear of the structure only. Bays and doors may be located on the side of a structure, away from a street frontage, where the community development director determines that the bays, doors, and related trucks will be adequately screened from the public right-of- way. 4. Loading ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances. 5. Location. Loading spaces shall be located and designed as follows: a. As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible. b. Situated to ensure that the loading facility is screened from adjacent streets as much as possible. c. Situated to ensure that loading and unloading takes place on-site and in no case within adjacent public rights-of-way or other traffic areas on-site. d. Situated to avoid adverse impacts upon neighboring properties. 6. Screening. Loading areas abutting residentially zoned parcels shall be screened in compliance with Section 21.18.120 (Screening and buffering). 7. Impacts. All loading areas shall be designed to be sensitive to visual and noise impacts. This may include larger setbacks from adjacent properties, screening walls, substantial landscaping, acoustic materials, equipment usage, and building modifications. 8. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times. 21.28.120 -Recreational vehicle parking A. Requirements. Recreational vehicles may be parked in residential zoning districts in compliance with the following requirements: 41 1. Recreational vehicles shall be parked on private property and shall not be parked on or over a public sidewalk or within the public right-of-way; Recreational vehicles shall be parked on a paved surface; 3. Recreation vehicles shall not impede safe entry to or exit from any residential structure and shall not inhibit emergency access to and from any structure; 4. Recreational vehicles shall not be used for living or sleeping purposes, unless otherwise approved by the building official. 42 Chapter 21.36 PROVISIONS APPLYING TO SPECIAL USES Sections: 21.36.010 -Purpose. 21.36.020 -Accessory structures. 21.36.030 -Beer and wine festivals. 21.36.040 - Caretaker or employee housing. 21.36.050 -Cargo storage containers. 21.36.060 -Child care facilities. 21.36.070 -Large family child care homes. 21.36.080 -Commercial child care centers. 21.36.090 -Garage and private yard sales. 21.36.095 -Health and fitness centers/Studios. 21.36.100 -Hobby car restoration. 21.36.110 -Liquor stores. 21.36.120 - Live/Work units. 21.36.130 -Mixed-use development. 21.36.140 -Motor vehicle repair facilities. 21.36.150 -Outdoor seating. 21.36.160 -Outdoor storage. 21.36.170 -Public assembly uses. 21.36.180 -Residential care facilities. 21.36.190 -Satellite dish antennas. 21.36.200 -Secondary dwelling units. 21.36.205 -Sexually oriented businesses. 21.36.210 - SkateBoard ramps. 21.36.220 -Solar energy systems. 21.36.230 -Transitional housing. 21.36.240 -Towing service and vehicle dismantling. 21.36.250 -Veterinary clinics and animal hospitals. 21.36.010 - Puroose. This chapter is intended to include regulations for special, unique, or newly created uses which may be allowed in one, several, or all zoning districts. 21.36.020 -Accessory structures. This section provides standards for accessory structures that are physically detached from, and subordinate to, the main structure on the site. A. Living quarters prohibited. An accessory structure shall not include sleeping quarters or a kitchen. The number of allowed plumbing fixtures shall be limited to two fixtures and may only include a toilet, sink, hot water heater or washing machine connection. Enclosed workshops with separate entrances are not allowed. Workshops with partial bathrooms must be open to the rest of the structure by at least asix-foot opening. The community development director may require the recordation of a deed restriction stating that the structure will not be used as a dwelling unit. A living unit may be approved in compliance with Section 21.36.200 (Secondary Dwelling Units). B. Allowed accessory structures. Accessory structures and detached private garages and carports, may be allowed in compliance with the following standards: Accessory structures shall not exceed one story or 14 feet in height; Accessory structures shall be located on the rear half of the lot; 43 3. Accessory structures shall be located to the rear or side of the main structure. If located to the rear of the main structure, a minimum separation of 10 feet shall be required. If located to the side of the main structure, a minimum separation of five feet shall be required; 4. Accessory structures shall meet all setback requirements of the applicable zoning district in which they are located; 5. No accessory structure shall exceed 1,000 square feet. If there is more than one accessory structure on a lot, one accessory structure shall be allowed up to 1,000 square feet and every one subsequent to that shall not exceed 200 square feet; 6. When there is more than one accessory structure on a lot, there shall be a minimum separation of 10 feet between each accessory structure; 7. An accessory structure or private garage shall be considered detached if they do not share a common interior wall with the main structure. C. Design criteria. Accessory structures that exceed 120 square feet in area must be architecturally compatible with the main structure in terms of design, color and materials, as determined by the community development director. 21.36.030 -Beer and wine festivals. This section provides requirements for the conduct of beer and wine festivals on public and private property. A. Beer or wine festival on public rights-of-way. 1. Beer or wine festivals shall not be conducted on any public street, highway, alley, sidewalk, or other public right-of-way, unless a special event permit has been obtained in compliance with Chapter 5.50 of the City of Campbell Municipal Code. 2. No additional permits or approvals otherwise required by this Zoning Code shall be required for conducting a beer or wine festival that has been approved in compliance with a special event permit approved in compliance with Chapter 5.50 of the City of Campbell Municipal Code B. Beer or wine festivals on private property. No permits or approvals otherwise mandated by this Zoning Code shall be required for a beer or wine festival conducted on private property when located in a C-1, C-2, C- 3, or P-F zoning district if the following conditions are met: 1. The property is not used for a beer or wine festival for more than four days in each calendar year; and All necessary permits are obtained from the department of alcoholic beverage control. C. No hard liquor. Nothing in this chapter shall be construed to allow the service of any alcoholic beverage other than beer or wine. 21.36.040 - Caretaker or emoloyee housino This section provides requirements for the establishment of caretaker or employee housing in zoning; districts where they are allowed subject to the standards provided below. A. The principal use of the property shall be an approved conforming use. B. Caretaker/employee housing shall be occupied by the caretaker/employee, for the purpose of security for the allowed business or for the purpose of 24-hour healthcare, guardian, or other similar attendant services. C. The caretaker or employee housing unit shall not exceed 640 square feet in area and the unit shall contain no more than one bedroom. D. The architectural design of the housing unit shall integrated into and be compatible with the architectural design of the building. 44 21.36.050 -Cargo storage containers. This section provides regulations for the use of sea cargo and transport containers used for storage purposes, when placed on a property. A. One cargo container shall be allowed on a residential property in conjunction with an active building permit and shall meet the following criteria: 1. The cargo container shall be installed on private property and not in a public right-of-way; 2. Maximum allowable time of installation on a residential property shall be one year from date of installation; 3. The location of a cargo container, the installation date, and the removal date shall be shown on the approved building plans; 4. The cargo container shall be removed before issuance of a certificate of occupancy; and 5. Placement of more than one cargo container shall require approval of a use permit. B. Cargo containers may be allowed in residential zoning districts subject to approval of a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits). C. Cargo containers may be allowed in nonresidential zoning districts subject to approval of a conditional use permit in compliance with Chapter 21.46 (Conditional Use Permits). D. The use of cargo storage containers shall be considered temporary in nature and a one year maximum time limit shall be imposed for their use. Upon approval, the applicant shall provide a letter of agreement, satisfactory to the city attorney, stating that the container(s) will be removed from the property within one year from the date of approval, unless the planning commission grants an extension. E. In order to approve a cargo storage container, the planning commission shall find that the placement of a container(s): 1. Does not adversely affect required parking facilities for the property; 2. Is architecturally compatible with existing and neighboring structures to the extent possible including building materials, colors and roof elements; 3. Does not impair the orderly and harmonious development of the surrounding properties. 21.36.060 -Child care facilities. This section establishes standards for the provisions of child care facilities in zoning districts where they are allowed in compliance with the provisions of Article 2 (Zoning Districts). A. Applicable State law and licensing requirements. Child care facilities shall be in compliance with State law and in a manner that recognizes the needs of child care operators and minimizes the effects on surrounding properties. These standards apply in addition to other provisions of this Zoning Code and requirements imposed by the California Department of Social Services. Licensing by the Department of Social Services is required for child care facilities. B. Types. Child care facilities include the following types: 1. Small family child care homes (eight or fewer children). Allowed within asingle-family residence in zoning districts determined by Article 2 (Zoning Districts). Except fora clearance from the fire department, no city land use permits or clearances are required; 2. Large family child care homes (nine to 14 children). Allowed within asingle-family residence in zoning districts determined by Article 2 (Zoning Districts) in compliance with the standards of Section 21.36.070 (Large Family Child Care Homes), below; and 3. Commercial child care centers (15 or more children). Allowed in the zoning districts determined by 45 Article 2 (Zoning Districts), and the standards in Section 21.36.080 (Commercial Child Care Centers), below. 21.36.070 -Large family child care homes. A. Purpose. This section is designed to provide for, and to regulate the establishment of large family child care homes in residential zoning districts. The purpose of permitting large family child care homes is to allow the establishment of child care facilities in normal residential surroundings to meet the child care needs of individuals and families, while preserving the integrity of the residential neighborhood. B. Conditional use permit. A conditional use permit shall be required for all large family child care homes in compliance with Chapter 21.46 (Conditional Use Permits). C. Size. "Large family child care home" means a home that provides family child care for nine to 14 children, inclusive, including children who reside at the home, as defined by State regulation. A large family child care facility shall meet all State requirements as specified in the Health and Safety Code. D. Development standards. Except as specifically allowed in this section, the premises on which the large family child care home is located shall comply with all regulations and restrictions applicable to the zoning district in which it is located. 1. Parking and loading. a. A safe and acceptable means of drop-off and pick-up shall be provided. The location of the home and the on-site improvement shall provide reasonable vehicular and pedestrian circulation. b. A large family child care home shall require a minimum provision of three parking spaces in addition to those required for a residential use as set forth in Section 21.28.040 (Number of Parking Spaces Required). These three spaces shall be situated to have access to a public right- of-way without passing over another parking space. 2. Noise. a. Regardless of decibel level, and taking into consideration the noise levels generated by children, no noise generated from the day care use shall unreasonably offend the senses or obstruct the free use of neigh-boring properties so as to unreasonably interfere with the comfortable enjoyment of the adjoining properties. b. Mitigation measures may be required to minimize noise impacts (e.g., approved location of outside play areas, the provision of sound attenuation barriers, etc.). c. In order to protect residents of adjacent residential dwellings from noise impacts, a facility within a residential zoning district may only operate up to 14 hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m. 3. State Fire Marshal. The proposed day care home shall comply with all applicable regulations adopted by the State Fire Marshal. 4. Overconcentration. Alarge family child care home shall not be located within 300 feet of another existing commercial day care center or large family child care home unless an exception is granted by the planning commission. The planning commission, in granting an exception, shall find that the proposed concentration will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the proposed use. 5. Traditional family environment. The development shall be designed so that normal residential surroundings are preserved and the integrity of the residential neighborhood is preserved. a. The facility is the principle residence of the provider and the use is clearly incidental and secondary to the use of the property for residential purposes. b. No structural changes are proposed which will alter the character of the single-family residence. 46 c. The fact that a home is used as a large family child care home shall not, in and of itself, be construed to constitute a departure from the integrity of the residential neighborhood. 6. Square footage. The large family child care home shall provide adequate indoor living space and outdoor open space to meet the needs of the children. 7. Play areas. Play areas shall be enclosed by a minimum of asix-foot-high fence. Signs. A large family child care home shall not be allowed the use of any signs. E. Appeals. Appeals shall be in compliance with Chapter 21.62 (Appeals). In all appeals, the standards set forth in Subsection (D) of this section shall govern. F. Mandatory requirements. It shall be a mandatory requirement for owner and/or operator of a large family child care home to fully comply with the requirements of this section, and to maintain the home in conformance with the standards set forth in Subsection D of this section. Failure to comply with this section shall be punishable in compliance with Chapter 21.70 (Enforcement). 21.36.080 -Commercial child care centers. The following standards for commercial child care centers shall apply, in addition to those standards provided for "Large family child care homes" in Section 21.36.070, above. A. Parcel size. The minimum parcel size for a commercial child care center shall be 10,000 square feet. Play areas. The center shall provide play areas as follows: 1. Indoor play areas. Indoor play areas shall be in compliance with State requirements requiring 35 square feet of unencumbered indoor space per child; and 2. Outdoor play areas. Outdoor play areas shall be in compliance with State requirements requiring 75 square feet of unencumbered outdoor space per child and shall be enclosed by a six-foot high fence or wall. C. Hours of operation. Unless approved to operate for 24 hours, hours of operation shall be confined to between 6:00 a.m. and 10:00 p.m. In no case shall an individual child stay for a continuous period of 24 hours or more. D. Signs. One sign shall be allowed in compliance with Chapter 21.30 (Signs). E. Off-street parking. Off-street parking shall be provided in compliance with Chapter 21.28 (Parking and Loading), plus additional surface area shall be provided that is of sufficient size to accommodate off-street loading/unloading. The area used for parking shall not be used for both parking and as a play area at the same time. F. Other requirements. The facilities may also be subject to other requirements (e.g., California Health and Safety Code, the California Administrative Code, and the Uniform Building Code). 21.36.090 -Garage and private yard sales. This section provides locational and operational standards for the establishment of garage and private yard sales, in compliance with Article 2 (Zoning Districts), which shall be subject to the following criteria and standards: A. No more than five garage and private yard sales are allowed in any calendar year, not including participation in the citywide community garage sale; B. No garage and private yard sales can be conducted for more than three consecutive days; and C. No garage and private yard sales shall be conducted in the public right-of--way or in the rear or side yard of the property. 21.36.095 -Health and fitness centers/Studios. 47 A. Purpose. This section is designed to provide for and to regulate the establishment of health and fitness center and studio (small and large) uses where they are allowed in compliance with the provisions of Article 2 (Zoning Districts). B. Conditional Use Permit. A conditional use permit shall be required for health and fitness center and studio (small and large) uses in compliance with Chapter 21.46 (Conditional Use Permits). C. Conditional use permits shall expire no later than five years from the date of approval for health and fitness center and studio (small and large)_uses in the M-1 (Light Industrial) and C-M (Controlled Manufacturing) Zoning Districts. Notwithstanding the time limitations for the conditional use permit, nothing within this section shall prohibit the owner or authorized representative to re-apply for additional time limited approvals. D. Development Standards. Except as specifically allowed in this section, the premises on which a health and fitness center or studio (small and large) use is located shall comply with the regulations and restrictions applicable to the zoning district in which it is located. 1. Parking and Loading. Parking and loading requirements shall be as identified in Chapter 21.28 (Parking and Loading). In addition, an area for the safe and acceptable means of drop-off and pick-up of persons using the health and fitness center use shall be provided. 2Circulation. The location of the health and fitness center or studio (small and large) use and the on- site improvements shall provide for safe and efficient vehicular and pedestrian circulation. The decision-making body may require the presence of one or more parking attendants and/or police officers to ensure the safe operation of parking facilities, pedestrian circulation, and traffic circulation on the public right-of-way. 3. Hours of Operation. The decision-making body through the discretionary review process shall determine the allowable hours of operation of a health and fitness center or studio (small and large) use. 4. Noise. Regardless of decibel level, and taking into consideration the noise levels generated by health and fitness center and studio (small and large) uses, noise generated from a health and fitness center or studio (small and large)_,uses shall not unreasonably offend the senses or obstruct the free use and comfortable enjoyment of neighboring properties. Mitigation measures may be required to minimize noise impacts (e.g., approved location of parking and loading areas, the provision of sound attenuation barriers, etc.). 5. Overconcentration. Ahealth and fitness center or studio (small and large) use within the M-1-~ (Light Industrial) and C-M (Controlled Manufacturing) Zoning Districts shall not be located within three hundred feet of another existing public assembly, studio (small and large). or health and fitness center use unless the decision-making body grants an exception. The decision-making body, in granting an exception, shall find that the proposed concentration will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of the proposed use. 6. Signs. Signs shall be allowed in compliance with Chapter 21.30 (Signs). 21.36.100 -Hobby car restoration. This section provides locational and operational standards for the establishment of hobby car restoration, in compliance with Article 2 (Zoning Districts), which shall be subject to the following criteria and standards: A. Hobby car restoration work shall not be conducted in the public right-of--way or in the front, side or rear yard of the property; B. Hobby car restoration work shall be conducted within an approved enclosed structure on the property; 48 C. Parts, supplies, and equipment shall be stored within an approved enclosed structure on the property; D. No more than three vehicles for hobby car restoration may be on the property at any given time; E. The owner and/or occupant of the property shall own the vehicles being restored as a hobby; F. Fluids shall be disposed of in an approved manner; G. Painting shall not be conducted on the property unless approved by the Santa Clara County Fire Department and the Bay Area Air Quality Management District; H. Sound, noise, vibrations, pedestrian, or vehicle traffic shall not be in excess of those normal to a residential use; and I. Hours of work are limited to 8 a.m. to 9 p.m. 21.36.110 -Liquor stores. This section provides locational and operational standards for the establishment of off-site alcoholic beverage sales, in compliance with Article 2 (Zoning Districts), which shall be subject to the following criteria and standards: A. Conditional use permit required. Off-site alcoholic sales establishments shall be allowed by conditional use permit, in compliance with Chapter 21.46, (Conditional Use Permits), and subject to all of the restrictions of the applicable zoning district. B. Plans. Plot plans, landscaping and irrigation plans, and floor plans shall be subject to the approval of the planning commission. C. Proximity to sensitive receptors. All off-site alcoholic sales establishments, except grocery stores, shall be separated from a park, playground, or school a minimum distance of 300 feet measured between the nearest property lines. D. Proximity to other establishments. All off-site alcoholic establishments, except grocery stores, shall be a minimum of 500 feet from another such use, either within or outside the city. E. Additional conditions. The planning commission may add additional conditions required to protect the public health, safety, and general welfare of the community. 21.36.120 - Live/Work units. A. Purpose. This section provides standards for the development of new five/work units and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities. Live/work units are intended to be occupied by business operators who live in the same structure that contains the business activity. A livelwork unit is intended to function predominantly as workspace with incidental residential accommodations that meet basic habitability requirements. B. Applicability. The provisions of this section shall apply to live/work units where allowed in compliance with Article 2 (Zoning Districts) and the following criteria and standards. C. Limitations on use. Alive/work unit shall not be established or used in conjunction with any of the following activities: 1. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.); 2. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use; 3. Other activities or uses, not compatible with residential activities and/or that have the possibility of affecting the health or safety of live/work unit residents, because of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes. 49 D. Allowable density. One live/work unit shall be allowed for each 2,000 square feet of parcel area. E. Development standards. 1. Floor area requirements. The minimum floor area of a live/work space shall be 1,000 square feet. All floor area other than that reserved for living space shall be reserved and regularly used for working and display space. 2. Street frontage treatment. Each live/work unit fronting a public street at the ground floor level shall have apedestrian-oriented frontage that publicly displays the interior of the nonresidential areas of the structure. The first 50 feet of the floor area depth at the street-level frontage shall be limited to display and sales activity. 3. Access to units. Where more than one live/work unit is proposed within a single structure, each live/work unit shall be separated from other live/work units and other uses in the structure. Access to each unit shall be clearly identified to provide for emergency services. 4. Integral layout. a. The living space within the live/work unit shall be contiguous with, and an integral part of the working/business space, with direct access between the two areas, and not as a separate stand- alone dwelling unit. b. The residential component shall not have a separate street address from the business component. 5. Parking. Each live/work unit shall be provided with at least three off-street parking spaces. The decision making body may modify this requirement for the use of existing structures with limited parking. F. Operating standards. 1. Occupancy. Alive/work unit shall be occupied and used only by a business operator, or a household of which at least one member shall be the business operator. 2. Sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold. 3. Notice to occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other impacts associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. Noise and other standards shall be those applicable to commercial or industrial properties in the applicable zoning district. 4. On-premises sales. On-premises sales of goods is limited to those produced within the live/work unit; provided, the retail sales activity shall be incidental to the primary production work within the unit. These provisions shall allow open-studio programs and gallery shows. 5. Nonresident employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless this employment is prohibited or limited by the decision making body. The employment of any persons who do not reside in the live/work unit shall comply with all applicable Uniform Building Code (UBC) requirements. G. Changes in use. After approval, alive/work unit shall not be converted to either entirely residential use or entirely business use unless authorized through conditional use permit approval. H. Required findings. The approval of a conditional use permit for alive/work unit shall require that the decision making body first make all of the following findings, in addition to those findings required for conditional use permit approval: 1. The establishment of live/work units will not conflict with nor inhibit commercial or industrial uses in the area where the project is proposed; 2. The structure containing live/work units and each live/work unit within the structure has been designed to ensure that they will function predominantly as work spaces with incidental residential 50 accommodations meeting basic habitability requirements in compliance with applicable regulations; and 3. Any changes proposed to the exterior appearance of an existing structure will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. 21.36.130 -Mixed-use development. This section provides development and operational standards for the establishment of mixed-use developments. For the purpose of this section, mixed-use projects are developments that combine both commercial retail/office and residential uses or structures on a single parcel, or as components of a single development. A. Mix of uses. Amixed-use project shall only combine residential uses with commercial/office uses. Mixed-use projects that provide commercial and/or office space on the ground floor with residential units above (vertical mix) are encouraged over projects that provide commercial structures on the front portion of the lot with residential uses placed at the rear of the lot (horizontal mix). B. Development standards. 1. Density. The allowable density of a mixed-use project shall be as allowed in the underlying General Plan land use designation and any bonuses that may be approved by the city. 2. Parking. Parking shall be provided fir--each-use-in compliance with Chapter 21.28, (Parking and Loadings T#e-deeisiee-making-bay#y-+~ay-a{~prevea-shaped-par-I<+ng-redt~stien-in-eempliaase with Gh"~..-2Q ro~~~;., ~,~~ 3. Floor area ratio. Residential uses shall be encouraged by not counting the FAR of the residential units toward the allowable FAR of the project. 4. Open space. The decision-making body may approve a reduction in the required open space for the residential component of mixed-use developments when it finds that all reasonable attempts to fulfill such requirement have been exhausted and the open space is not able to be accommodated due to the urban infill characteristic of the development site. C. Building design. 1. Design standards. Amixed-use project shall be designed and constructed to: a. Be compatible with and complement adjacent land uses; b. Maintain the scale and character of development in the immediate neighborhood; c. Mitigate glare, light, noise, traffic, and other potential environmental impacts to the maximum extent feasible. 2. Consistent style and use of materials. The architectural style and use of materials shall be consistent throughout the entire project. Differences in materials and/or architectural details shall only occur where the intent is to differentiate between the residential scale and character of the structure and the commercial scale and character. 21.36.140 -Motor vehicle repair facilities. This section provides locational and operational standards for the establishment of motor vehicle repair facilities, in compliance with Article 2, (Zoning Districts), which shall be subject to the following criteria and standards. A. The motor vehicle repair facility shall provide adequate vehicular circulation to ensure free ingress and egress, and safe and unimpeded on-site circulation. B. All work shall be performed within a fully enclosed structure. C. Structures shall be sufficiently soundproofed to prevent a disturbance or become a nuisance to the 51 surrounding properties. D. Artificial light shall be designed to reflect away from adjoining properties. E. Screening and buffering. 1. A six-foot high solid masonry wall shall be maintained along the exterior boundaries of the motor vehicle repair facility, excluding the front yard setback area, those locations approved for ingress and egress, and areas adjoining a street, other than an alley. 2. All damaged or wrecked motor vehicles awaiting repair shall be effectively screened from view from any public street or highway, or adjoining properties, by a six-foot high decorative masonry wall or other opaque material approved by the community development director. Motor vehicles associated with the subject use shall not be parked or stored on a public street or alley. G. Motor vehicles shall not be stored at the site for purposes of sale (unless the use is also a vehicle sales lot). H. Noise from bells, loudspeakers, public address systems, or tools shall not be audible from residentially zoned or occupied parcels between the hours of seven p.m. and seven a.m. on weekdays and Saturdays, and before ten a.m. and after seven p.m. on Sundays and nationally recognized holidays. I. Service bay doors shall not directly face or be viewable from adjoining public rights-of-way or a residential development or zoning district. Residential uses shall not be allowed on a site containing a motor vehicle repair facility. 21.36.150 -Outdoor seatina. This section provides standards for the provision of outdoor seating/dining areas on private property. A. Applicability. Outdoor seating/dining areas shall be allowed in the C-1 (Neighborhood Commercial), C-2 (General Commercial), and P-D (Planned Development) zoning districts. These provisions are not applicable to outdoor seating in the C-3 (Central Business District) zoning district. See Section 21.10.060(H), (Standards and permit requirements for outdoor seating and merchandise display within the public right-of-way). B. Permit requirements. Outdoor seating shall be allowed subject to approval of a zoning clearance by the community development director in compliance with Chapter 21.40, (Zoning Clearances). The number of outdoor seats that may be approved by the community development director shall be a maximum of twelve seats. If the outdoor seating exceeds twelve seats, a conditional use permit shall be required in compliance with Chapter 21.46, (Conditional Use Permits). C. Application requirements. Application for a zoning clearance for outdoor seating shall be filed with the community development department. The application shall be accompanied by a plan set, drawn to scale, depicting seating area dimensions and the location of tables, seating, and fence/landscape buffers, together with other information and exhibits as required by the community development director. D. General standards. 1. Buffer. The outdoor seating area shall be surrounded by a fence, landscape planters, or similar appropriate barrier as necessary to buffer the seating area from the adjoining outdoor uses. The fence, landscape planters, or other approved barrier shall be maintained in good appearance, function and vitality. 2. Noise. Noise generated from an outdoor dining and seating area (e.g., amplified music) shall not unreasonably offend the senses or interfere with the comfortable enjoyment of the adjoining properties and shall comply with the noise standards in Section 21.16.070, (Noise). 3. Litter control. The permit holder is responsible for picking up litter associated with the outdoor seating or display and shall maintain the area in a clean condition at all times. Location of seating. Outdoor seating shall be located as indicated in the approved application and 52 accompanying plans and shall not be placed within the area of disabled ramps, driveways, doorways or the public right-of--way. 5. Quality. Tables, chairs, umbrellas, and other furniture associated with the outdoor seating shall be of a commercial grade and uniform design. 6. Securing of tables, seating, and associated umbrellas. Tables, chairs, and associated umbrellas shall be secured so as not to be moved by the wind. However, they may not be bolted into the ground or secured to outdoor lights, trees, a building, or other furniture or objects. 7. Umbrella canopies. The canopies of umbrellas associated with outdoor tables shall provide a minimum vertical clearance of seven feet, unless the umbrella does not extend beyond the outside edge of the table, and shall not extend into walkways. 21.36.160 -Outdoor storage. This section provides development and operational standards for the establishment of outdoor storage areas, in compliance with Article 2, (Zoning Districts), which shall be subject to the following criteria and standards. A. Screening required. Outdoor storage areas shall be entirely enclosed and screened with a solid sight- obscuring wall not less than six feet, or more than eight feet, in height. The enclosure shall be of a type and design approved by the community development director. The wall shall include sight-obscuring gates. The wall and gate(s) shall be landscaped and continuously maintained in good repair. B. Height of materials. Material shall not be stored above the height of the screen wall. C. Site operations. Site operations in conjunction with outdoor storage, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled area. D. Incidental or primary use. Incidental outdoor storage shall be allowed, subject to the above standards. Outdoor storage that is a primary land use shall be subject to the applicable permitting requirements identified in Article 2, (Zoning Districts), and the above standards. Outdoor storage shall not be allowed within fifty feet of a residentially zoned property. 21.36.170 -Public assembly uses. A. Purpose. This section is designed to provide for and to regulate the establishment of public assembly uses where they are allowed in compliance with the provisions of Article 2 (Zoning Districts). B. Conditional Use Permit. A conditional use permit shall be required for public assembly uses in compliance with Chapter 21.46 (Conditional Use Permits). C. Conditional use permits shall expire no later than five years from the date of approval for public assembly uses in the M-1 (Light Industrial) Zoning District. Notwithstanding the time limitations for the conditional use permit, nothing within this section shall prohibit the owner or authorized representative to re-apply for additional time limited approvals. D. Development Standards. Except as specifically allowed in this section, the premises on which a public assembly use is located shall comply with the regulations and restrictions applicable to the zoning district in which it is located. 1. Location. A public assembly use shall be located on a collector street or arterial street as designated in the city's General Plan. 2. Parking and Loading. Parking and loading requirements shall be as identified in Chapter 21.28 (Parking and Loading). In addition, an area for the safe and acceptable means of drop-off and pick-up of persons using the public assembly facility shall be provided. 3. Circulation. The location of the public assembly use and the on-site improvements shall provide for safe and efficient vehicular and pedestrian circulation. The decision-making body may require the presence of one or more parking attendants and/or police officers to ensure the safe operation of parking facilities, pedestrian circulation, and traffic circulation on the public right-of-way. 53 4. Hours of Operation. The decision-making body through the discretionary review process shall determine the allowable hours of operation of a public assembly use. 5. Noise. Regardless of decibel level and taking into consideration the noise levels generated by public assembly uses, noise generated from a public assembly use shall not unreasonably offend the senses or obstruct the free use and comfortable enjoyment of neighboring properties. Mitigation measures may be required to minimize noise impacts (e.g., approved location of parking and loading areas, the provision of sound attenuation barriers, etc.). 6. Overconcentration. Apublic assembly use shall not be located within three hundred feet of another existing public assembly use or health and fitness center use unless the decision-making body grants an exception. The decision-making body, in granting an exception, shall find that the proposed concentration will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of the proposed use. Signs. Signs shall be allowed in compliance with Chapter 21.30 (Signs). 21.36.180 -Residential care facilities. This section provides development and operational standards for the establishment of residential care facilities, in compliance with Article 2 (Zoning Districts) subject to the following criteria and standards. A. Purpose. This chapter is intended to regulate residential care facilities with seven or more residents in addition to the caregiver. Residential care facilities serving six or fewer residents, in addition to the caregiver, are allowed in all zoning districts that permit single-family residences and shall not be required to meet any requirement of this section. B. Residential Care Facilities Criteria. When the proposed use meets the requirements of this section and all the following criteria, residential care facilities serving seven or more residents in addition to the caregiver may be allowed in compliance with Article 2 (Zoning Districts). 1. There shall be no other residential care facilities of any size within five hundred feet of the subject property, measured from property boundary line to property boundary line, of another existing residential care facility or a facility for wards of the juvenile court. The community development director may require, as a reasonable condition of approval, that the facility be located farther than five hundred feet from the nearest similar facility, up to a distance of one mile. 2. Residential occupancy of residential care facilities for the elderly, other than by the caregiver and the immediate family, shall be limited to single persons over sixty years old or to married couples of which one spouse is over sixty years old, who are provided varying levels and intensities of care and supervision and personal care, and who have voluntarily chosen to reside in this type of group housing arrangement. 3. The proposed use shall be licensed by the State and shall be conducted in a manner that complies with applicable provisions of the California Health and Safety Code for this kind of occupancy. If the State license is suspended or revoked, the conditional use permit may also be suspended or revoked. 4. Facilities with persons in excess of 60 years of age or with physical disablements shall be specifically designed and adapted to include safety bars and rails in bedrooms and bathrooms, ramps, and other provisions required for elderly or disabled persons by State law or Federal regulations. In addition, facilities shall include a common dining area as well as adequate common living areas and amenities to facilitate program activities. 5. The use shall be specifically designed and maintained to have a residential appearance as determined by review of the community development director and be compatible with the architectural character of the zoning district. In residential zoning districts, signs and any other "non-residential" features visible from the public right-of-way shall not be allowed. 6. The facility shall be reviewed annually by the community development director to verify licensing, compliance with State standards, and compliance with the conditional use permit conditions. Community development department staff shall be entitled to enter the premises of the facility to conduct a review. D. Density standards. Residential care shall have a total floor area that averages at least 350 square feet of 54 floor area per resident, excluding parking. Where existing structural constraints preclude meeting this requirement, additional floor area to meet this requirement may be achieved through covered patios and decks. E. Revocation of zoning permit. A conditional use permit for a residential care facility may be revoked at any time by the City Council, in compliance with Chapter 21.68. (Revocations and Modifications), provided that the City Council finds that the presence of the facility at its present location has resulted in the surrounding neighborhood sustaining a disproportionate and unreasonable level of vandalism, violence, or other acts of disruption. Open space requirements. 1. Residential care facilities shall provide a minimum of one hundred square feet of common outdoor usable open space area per resident and live-in caregiver. 2. Open space areas to be counted toward the requirements of this section shall have a minimum dimension of not less than ten feet in any direction and be easily accessible to all residents. 3. Outdoor areas shall be designed to provide amenities and recreational areas compatible with the needs of the residents, including pathways and sitting areas, flower and vegetable gardens, shuffleBoard courts, putting greens, and similar active recreation areas. 4. The proposed improvement of required open space shall be designated on the plans submitted with the application, and shall be considered a part of the conditional use permit. G. Off-street parking. 1. Buildings constructed as residential care facilities serving from seven to fifteen residents shall be required to provide one parking space for each five residents, in addition to one parking space for each live-in caregiver. At least two of the parking spaces shall be covered. 2. Buildings constructed as residential care facilities serving more than fifteen residents shall be required to provide one parking space for each five residents in addition to one parking space for each caregiver, employee, or doctor on-site at any one time. 3. Existing single-family residences to be converted into residential care facilities shall maintain required covered parking. Additional parking to meet the requirement of Subsection (1) or (2) above may be enclosed or uncovered. H. Development standards. 1. Residential care facilities shall provide asix-foot high solid fence or decorative block wall along all property lines, except in the front yard. Walls shall provide for safety with controlled points of entry. 2. Quality of landscaping shall be consistent with that prevailing in the neighborhood and shall be regularly maintained, including providing irrigation. 3. On-site lighting shall be stationary and shall be directed away from adjacent properties and public rights-of-way. Outdoor activities shall be conducted only between the hours of 7:00 a.m. and 10:00 p.m. 5. Indoor furniture shall not be allowed outdoors. 21.36.190 -Satellite dish antennas. Satellite dish antennas of greater than three feet in diameter may be allowed in any zoning district subject to the following criteria and standards. A. Residential zoning districts. Dish antennas to be erected in any residential zoning district shall conform to the following regulations: 1. Shall not be visible from a public or private street, unless adequately screened by landscaping and/or materials that harmonize with the elements and characteristics of the property; 55 2. Shall not be located in any front yard or any yard adjacent to a public or private street; 3. The maximum height shall be 14 feet; 4. Shall be set back from the property line a distance equal to the height of the antenna; and 5. Shall not be located in parking or driveway areas. B. Nonresidential zoning districts. Dish antennas to be erected in any nonresidential zoning district shall conform to the following regulations: 1. Shall not be located in parking or driveway areas; 2. Shall not be located in any front yard, yard adjacent to any public or private street, or in any required setback; 3. Shall not be visible from any public or private street unless adequately screened by landscaping and/or materials that harmonize with the elements and characteristics of the property; 4. Shall not be higher than the maximum height allowed by the district. C. Exceptions. Users of satellite dish antennas may be granted deviations from the regulations of this section as are necessary to ensure that the regulations will not: 1. Prevent or impose unreasonable limitations on the reception of satellite-delivered signals; or 2. Impose cost on the users of the antennas that are excessive in light of the purchase and installation cost of the equipment. The deviation allowed by this Subsection may not be any greater than is necessary to achieve the desired results. D. Application for approval. Prior to installing a dish antenna regulated by this section, a site plan and elevations shall be submitted for approval of the community development director, along with reasons for any requested deviation from the regulations. If no deviation is requested, the community development director shall review the proposed placement for compliance with this section and approve, disapprove, or modify the proposed placement. A building permit application shall be obtained prior to installation. 21.36.200 - Secondary dwelling units. This section provides for the establishment of secondary dwelling units in compliance with Article 2 (Zoning Districts). The purpose of permitting secondary dwelling units is to allow more efficient use of the city's existing housing stock and to provide the opportunity for the development of small rental housing units designed to meet the special housing needs of individuals and families, while preserving the integrity of single-family neighborhoods. A. Development standards. The following property development standards shall apply to all land and structures in the R-1 zoning districts that allow secondary dwelling units: 1. Ten thousand square feet minimum lot size. On R-1 lots having a minimum lot area of ten thousand square feet, the following standards shall apply: a. Zoning requirements. All yards, building height, distance between buildings, setbacks, floor area ratio and lot coverage standards of the zoning district in which the property is located shall apply. Secondary dwelling units in the San Tomas Area shall be in compliance with all the provisions of the San Tomas Area neighborhood plan. b. Floor area. The total gross floor area of a secondary dwelling unit, whether attached or detached, shall be no more than six hundred forty square feet, exclusive of any garage area, and the unit shall contain no more than one bedroom. c. Living unit height. A detached unit shall be a maximum of fourteen feet in height and not to exceed one story. An attached unit, or interior conversion of an existing main structure, shall meet the height restrictions for the zone in which it is located. d. Design. The secondary dwelling unit shall be designed so that it is architecturally compatible 56 with the main dwelling unit and the appearance of the main dwelling unit remains that of a single- family residence. Entrances shall be located so as not to be visible from a public street. e. Off-street parking. Asingle-family unit containing a secondary dwelling unit shall be provided with four parking spaces, two of which shall be covered. The spaces may be allowed in tandem in a driveway of a two-car garage if the garage meets minimum setbacks and the lot configuration precludes placement of parking areas elsewhere on the property. f. Occupancy. No more than one dwelling unit on the parcel shall be rented or leased. The city shall require recordation of a deed restriction setting forth occupancy maximums. g. Payment of an in lieu fee for parks. An in-lieu fee for parks shall be paid to the city in compliance with the city's fee resolution prior to the issuance of a certificate of occupancy for the secondary dwelling unit. 2. Other lots. On R-1 lots having a minimum lot area of two hundred fifty percent of the minimum required for the zoning district in which it is located, the following shall apply: a. Where a lot has an area equivalent to two hundred fifty percent of the minimum lot size required by the zoning district in which it is located, but without the required frontage to create a separate parcel, a second detached dwelling unit may be allowed subject to the requirements above, except that the dwelling unit size provision required above shall not apply. B. Restrictions. 1. Secondary dwelling units shall not be allowed on parcels on which more than one living unit is presently located. No subdivision of land or air rights shall be allowed. Secondary dwelling units shall comply with all applicable building and fire codes. C. Ministerial approval. Approval of a secondary dwelling unit shall be ministerial and shall require approval of a building permit in conformance with all requirements of this section and a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances). 21.36.205 -Sexually oriented businesses. Community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of sexually oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, parks, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of sexually 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. It is, therefore, the purpose of this section to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their close proximity to incompatible uses, while permitting the location of sexually oriented businesses in certain areas. A. Definitions. 1. Municipal Code. As used herein, the terms and phrases shall have the same meaning as defined in Chapter 5.55 of the Municipal Code. 2. Establishment of sexually oriented business. As used herein, to "establish"asexually oriented business shall mean and include any of the following: a. The opening or commencement of any sexually oriented business as a new business; b. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business defined herein; c. The addition of any of the sexually oriented businesses defined herein to any other existing sexually oriented business; or 57 The relocation of any such sexually oriented business. B. Locational requirements. No sexually oriented business shall be established or located in any zone in the city other than the M-1 (Light Industrial) zoning district, and shall not be within certain distances of certain specified land uses or zones as set forth below: 1. Required distance from other sexually oriented businesses. No such business shall be established or located within three hundred feet of any other sexually oriented business; 2. Required distance from other specified uses. No such business shall be established or located within three hundred feet from any existing schools for minors, churches or religious institutions, parks, and residentially zoned districts or uses; and 3. Measurement of distance. The distances set forth above shall be measured as a radius from the primary entrance of the sexually oriented business to the property lines of the property so zoned or used without regard to intervening structures. C. Amortization of nonconforming sexually oriented business uses. Any use of real property lawfully existing on the effective date of this section, which does not conform to the provisions of this section, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until January 1, 2020. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the planning commission in compliance with the provisions of subsection D of this section. 1. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as a sexually oriented business shall result in a loss of legal nonconforming status of such use. 2. Annexed property. Any sexually oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of subsection B of this section, shall be terminated within one year of the date of annexation unless an extension of time has been approved by the planning commission in compliance with the provisions of subsection D of this section. 3. Any nonconforming sexually oriented business in operation pursuant to this section shall obtain a sexually oriented business permit, in compliance with Chapter 5.55 of the Campbell Municipal Code, by March 1, 2010. D. Extension of time for termination of nonconforming use. The owner or operator of a nonconforming use as described in subsection C of this section, may apply under the provisions of this section to the planning commission for an extension of time within which to terminate the nonconforming use. 1. Time and manner of application. An application for an extension of time within which to terrinate a use made nonconforming by the provisions of subsection C of this section, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the community development department at least ninety days but no more than one hundred eighty days prior to the time established in subsection C of this section, for termination of such use. 2. Content of application and required fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council. 3. Hearing procedure. A hearing shall set on the matter before the planning commission for within forty-five days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. 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. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the planning commission shall be final and subject to judicial review in compliance with Code of Civil Procedure Section 1094.8. Approval of extension and required findings. An extension under the provisions of this section shall 58 be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the planning commission makes all of the following findings or such other findings as are required by law: a. The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this section; b. The applicant will be unable to recoup said investment as of the date established for termination of the use; and c. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with subsection B of this section. 21.36.210 -SkateBoard ramps. This section establishes development and operational standards for skateBoard ramps in residential zoning districts. A. Allowed ramps. SkateBoard ramps that are not higher than four feet above finished grade or depressed not more than four feet below finished grade and are neither longer nor wider than four feet are allowed in all residential zones subject to the following criteria and standards. B. Standard requirements. 1. Not more than one skateBoard ramp conforming to the provisions of this section shall be allowed on any parcel of land within the city. 2. SkateBoard ramps shall not be located in the public right-of-way. 3. The skateBoard ramp shall be located in the rear yard and not in the front yard or side yard (including a street side yard). In no case shall a skateBoard ramp be visible from any public street. 4. The skateBoard ramp surface shall be covered with a smooth material (e.g., masonite to help reduce noise. 5. Any required building permits shall be obtained prior to construction of a skateBoard ramp. 6. In no case may-noise generated from a skateBoard ramp create a nuisance for an adjoining property owner or resident. For purposes of this paragraph, noise levels generated by the ramp and its users in excess of sixty decibels measured on an adjoining residential parcel are considered to be a nuisance. In no case may a ramp be located closer than 10 feet to any property line. C. Ramps requiring approval of a conditional use permit. SkateBoard ramps that exceed the dimensions specified in Subsection (A) of this section may be allowed subject to the approval of a conditional use permit. Application for a conditional use permit shall comply with the requirements of Chapter 21.72 of this code. Applications for approval of a conditional use permit shall comply with the standards specified in subsection B of this section. In addition, skateBoard ramps requiring approval of a conditional use permit shall also comply with the following conditions: 1. The underside of the skateBoard ramp shall be enclosed and include foam or other suitable sound absorbing material. 2. The setback requirements for ramps requiring approval of a conditional use permit is ten feet from the rear and side property lines. The planning commission may require greater or lesser setbacks for any skateBoard ramp if the commission finds that greater or lesser setbacks would adequately protect the surrounding properties from undue disturbance. D. Exceptions. Commercial and industrial areas. SkateBoard ramps may be allowed in the commercial and 59 industrial zoning districts of the city in conjunction with a commercial skateBoard park, subject to approval of a conditional use permit. 2. Existing ramps. skateBoard ramps legally existing prior to January 1, 1990, may remain, provided: a. A valid building permit was obtained if required by the applicable law; or b. A building permit was not required, or the ramp complies with all of the standard requirements outlined in subsection B of this section. If the requirements outlined in subsection B of this section have not been complied with or a building permit has not been obtained, it will be presumed that the ramp is illegal and subject to enforcement powers of the city. 3. Portable ramps. One portable ramp less than two feet in height and less than four feet in either length or width may be allowed on a residential parcel of land and shall be exempt from the standards outlined in subsection B of this section. 21.36.220 -Solar energy systems. This section establishes standards for the provision of solar energy panels in all zoning districts. A. The use of solar energy collectors for the purpose of providing energy for heating and/or cooling is allowed within all zone districts, whether as a part of a structure or incidental to a group of structures in the nearby vicinity. B. Use of solar energy collectors is subject to the development standards (e.g., height, setback, etc.) applicable to the zoning district where they are located. C. Collection devices shall be integrated with the surface to which they are affixed, parallel with the wall or roof to which they are attached, and not projecting from that surface more than is necessary for attachment purposes. D. Where the strict application of applicable development standards would prohibit or severely limit solar access, the community development director may approve minimum adjustments to the standards necessary to achieve an adequate level of solar access. The decision to allow a modification to standards shall be based on the following criteria: 1. Different levels of solar access available with regard to height, setback, and related development standards; 2. Aesthetics of the specific area and project; 3. Characteristics of shading due to buildings and trees in determination of necessary solar access plane; 4. Identification of possible conflicts with development regulations and individual landowner preferences. 21.36.230 -Transitional housino. This section provides locational and operational standards for the establishment of transitional housing uses, in compliance with Article 2, (Zoning Districts), which shall be subject to the following criteria and standards: A. Conditional use permit required. Transitional housing uses shall be allowed by conditional use permit and subject to all of the provisions of the applicable zoning district; B. Conformance. The facility shall conform to all property development standards of the zoning district in which it is located; C. Separation requirements. A minimum separation of three hundred feet shall be required from a proposed transitional housing facility and another similar facility or asingle-family residentially zoned parcel; D. Maximum stay. The duration of stay shall be limited to a maximum of two years 60 21.36.240 -Towing service and vehicle dismantling This section provides locational and operational standards for the establishment of towing and vehicle dismantling service uses, in compliance with Article 2, (Zoning Districts), which shall be subject to the following criteria and standards: A. Location. The location of the proposed use shall not be detrimental to the adjoining area and shall not be located within one hundred feet of residentially zoned property. B. Storage of vehicles. The storage of wrecked or abandoned vehicles shall be kept at all times within an area completely enclosed by a six-foot high solid wall. Any gate needed to access this area shall be a sight- obscuring gate. There shall be no stacking of wrecked or abandoned vehicles. C. Enclosed building. All auto dismantling activities shall be conducted wholly within an enclosed building. D. Fire access. Minimum gate opening of twelve feet in width shall be provided and a minimum of twelve feet to be maintained between rows of automobiles to provide room for fire equipment. E. Paving required. Storage yard to be paved as required by Chapter 21.28, (Parking and Loading). 21.36.250 -Veterinary clinics and animal hospitals This section provides development and operational standards for the establishment of veterinary clinics and animal hospitals, in compliance with Article 2, (Zoning Districts), which shall be subject to the following criteria and standards. A. Small animals only. Treatment at such clinic shall be confined to small animals, such as dogs, cats, birds, and the like. B. Overnight Boarding. All animals shall be treated on an outpatient basis and no overnight Boarding shall be allowed except that three to five animals may be kept overnight on the premises for treatment purposes only, unless otherwise approved by the planning commission. C. Noise mitigation. The entire clinic, including treatment rooms, cages or pens shall be maintained with a completely enclosed, soundproof building constructed of materials which will insure that no sound exceeding sixty-five decibels shall be audible on the exterior of the building. The clinic shall also be provided with air- conditioning that is adequate to prevent the necessity of opening doors and windows for ventilation purposes. D. Odor mitigation. The clinic shall be designed and operated in a manner so as to guarantee that no objectionable odors or noises shall be produced outside its walls, and provisions for the off-site disposal of all dead animals and of all waste materials shall be made in compliance with county health standards. The removal of waste material and dead animals shall be done so as to guarantee that no obnoxious odor is produced. There shall be no burning or other disposal of dead animals on the premises. E. Location. The proposed operation shall be located no closer than fifty feet to any residentially zoned property. F. Hours of operation. The planning commission shall have the authority to determine the normal hours of operation for each clinic dependent on location; however, emergency calls after hours shall not be prohibited. G. Finding. The planning commission shall find that the use in the proposed location is compatible with other uses in the surrounding area. H. Compliance with other regulations. Veterinary clinics and animal hospitals shall comply with other state, county, and city ordinances that pertain to the use or zone where they are conducted. 61 Chapter 21.38 APPLICATION FILING, PROCESSING AND FEES Sections: 21.38.010 -Purpose of chapter. 21.38.020 -Authority for land use and zoning decisions. 21.38.030 -Application filing and fees. 21.38.040 -Initial application review. 21.38.050 -Environmental assessment. 21.38.010 -Purpose of chapter. This chapter provides procedures and requirements for the preparation, filing, and processing of applications for land use permits and other entitlements required by this Zoning Code. 21.38.020 -Authority for land use and zoning decisions. Table 4-1 (Decision-Making Body) identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this Zoning Code. The community development director may refer any request to the planning commission for a decision. Additional fees shall not be charged to the applicant in the event of a community development director's referral. Table 4-1 Decision-Making Body Type of Permit or Decision Decision-makin bod and Role 1 Procedures are found in: Community Development Director 2 Planning Commission City Council Land Use Permits and other Develo ment Entitlements Administrative Planned Develo ment Permits 21.12.030 Decision Appeal Administrative Site and Architectural Review Permits 21.42 Decision Appeal Conditional Use Permits 21.46 Decision A eal Develo ment A reements 21.52 Recommend Decision Fence Exce tions 21.18.060 Decision A eal Home Occu ation Permits 21.44 Issuance Parkin Modification Permit 5 21.28.050 Decision Decision/A eal Decision/A eal Planned Develo ment Permits 21.12.030 Recommend Decision Pre-a lications 21.41 Comments 65 Comments 65 Reasonable Accommodations 21.50 Decision 3 A eal Sign Permits 21.30 Issuance(4) Decision(4) Decision(4) A eal4 Site and Architectural Review Permits 21.42 Decision Appeal Tree Removal Permits 21.32 Decision A eal Under round Utilit Waiver 21.18.140 Issuance Variances 21.48 Decision A eal Zonin Clearances 21.40 Issuance Zonin Code Administration and Amendments General Plan Amendments 21.60 Recommend Decision Inter retations 21.02 Decision A eal Zonin Code Amendments 21.60 Recommend Decision Zonin Ma Amendments 21.60 Recommend Decision 62 Notes: (1) "Recommend" means that the decision-making body makes a recommendation to a higher decision-making body; "issuance" means that the permit is a ministerial action that is issued by the decision-making body; "decision" means that the decision-making body makes the final decision on the matter; "appeal" means that the decision-making body may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 21.62, (Appeals). (2) Appeals of community development director's decisions are final with the planning commission, in compliance with Chapter 21.62, (Appeals). (3) The community development director's authority with respect to the review and final action on reasonable accommodations shall be as identified in Chapter 21.50 of this title. (4) A sign permit that meets the minimum requirements of the signs regulations (Chapter 21.30) shall be reviewed and issued by the community development director. Off-site signs, readerboard signs and signs that exceed the minimum requirements of the sign regulations shall be reviewed by the planning commission and are appealable to the city council. Freeway-oriented signs shall be reviewed by the city council after recommendation by the planning commission. (5) The decision-making bodv for a garkino modification permit is the decision-making body established for the accompanying land use permit application, except for properties located in the C-3 (Central Business District) zoning district, where the city council shall be the decision-making bodk (56) The pre-application process does not replace, but is ancillary to the land use application process and does not result in, nor can the planning commission or community development director, render a decision with regard to land use entitlements, and nothing contained in the process precludes either the community development director, planning commission or city council from approving or denying a subsequent formal land use application. 21.38.030 -Application filing and fees. Applications for land use permits, entitlements, amendments (e.g., general plan, Zoning Code, and zoning map), and other matters pertaining to this Zoning Code shall be filed with the community development department as follows: A. Eligibility for filing. Application may be filed by owners of property, lessees authorized by written consent of the owners, or others who have contracted to purchase or lease the property contingent on the acquisition of necessary permits from the city, which application shall be accompanied by a copy of the contract. Any applicant may be represented by an agent authorized in writing to file on behalf of the applicant; B. Application contents. The application shall include the forms provided by the community development department, and all information and materials required by the community development department; C. Filing fees. The application shall be accompanied by the processing fees established by the city's schedule of fees and charges, and any additional fees or deposits required by this Zoning Code or the Municipal Code. All fees for new land development, private revitalization, and new occupancy approvals shall cover the costs of permit application processing, permit issuance, and administration; D. Refunds. 1. Recognizing that filing fees cover the city's costs for public hearings, mailing, posting, transcripts, and the staff time required to process applications, no refunds due to a denial are allowed. 2. In the case of a withdrawal, the community development director may, at the request of the applicant, authorize a partial refund based upon the pro-rated costs to-date and determination of the status of the application at the time of withdrawal. 21.38.040 -Initial application review. All applications filed with the community development department in compliance with this Zoning Code shall be initially processed as follows. A. Review for completeness. The community development director shall review all applications for completeness and accuracy before being accepted as complete, in compliance with Section 21.38.030, (Application filing and fees). The community development director will consider an application complete when: 1. All necessary application forms, documentation, exhibits, materials, and studies as established by the community development department, have been provided and accepted as adequate; 2. All necessary fees and deposits have been paid and accepted; and 3. Any required community meetings have been held. 63 B. Notification of applicant. The community development director shall notify the applicant in writing within thirty days of the filing of the application with the community development department that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided. C. Expiration of application. If the applicant does not provide the information and materials necessary for a pending application to be deemed complete within one hundred eighty days after notification of incompleteness, the application shall be deemed withdrawn. The community development director may grant one one hundred eighty-day extension. After expiration of the application and extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of any project on the same property. D. Additional information. After an application has been accepted as complete, the community development director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 21.38.050 of this chapter. E. Community development director's determination. If the community development director determines that the application does not support a prima facie right to the granting of the application (e.g., a request for a zoning map amendment or tentative map that could not be granted in absence of a required general plan amendment application, or a request for a conditional use permit allowing a use that is not allowable in the subject zoning district, etc.), the city shall not accept the application. F. Not within community development director's scope. In cases where the community development director considers the information identified in the application not to be within the scope of the community development director's review and approval procedure, the applicant shall be so informed before filing, and if the application is filed, and the fees are accepted, the application shall be signed by the applicant acknowledging prior receipt of this information. G. Filing date. The filing date of an application shall be the date on which the community development department receives the last fees, submittal, map, plan, or other material required as a part of that application by subsection A of this section. H. Referral of application. At the discretion of the community development director, or where otherwise required by this Zoning Code, state, or federal law, any application may be referred to any city department, special district, or other public agency that may be affected by or have an interest in the proposed land use activity. 21.38.050 -Environmental assessment. A. CEQA review. After acceptance of a complete application, the project shall be reviewed in compliance with the California Environmental Quality Act (CEQA) to determine whether: 1. The proposed project is not a project as defined by CEQA; 2. The proposed project qualifies for a statutory or categorical exemption from the provisions of CEQA; 3. A negative declaration may be issued; 4. A mitigated negative declaration may be issued; or 5. An environmental impact report (E.I.R.) shall be required. B. Compliance with CEQA. These determinations and, where required, the preparation of E.I.R.'s, shall be in compliance with CEQA. C. Special studies required. A special study, paid for in advance by the applicant, may be required to supplement the city's CEQA compliance review. 64 Chapter 21.62 APPEALS Sections: 21.62.010 Purpose of chapter. 21.62.020 Appeals from administrative decisions. 21.62.030 Appeals from decisions of the planning commission. 21.62.040 Filing and processing of appeals. 21.62.050 Action on appeals. 21.62.060 Exhaustion of appeals 21.62.010 Purpose of chapter. This chapter provides procedures for filing appeals of determinations or decisions rendered by the community development director or the planning commission. 21.62.020 Appeals from administrative decisions. A. Appeal of community development director's or city official's interpretation. The applicant or any other interested party may file an appeal to the planning commission from an administrative interpretation made by the community development director or any city official in compliance with this Zoning Code. B. Appeal of community development director's decisions. The applicant or any other interested party may file an appeal to the planning commission from any of the following decisions made by the community development director: 1. Administrative planned development permits; 2. Administrative site and architectural review permits; 3. Fence exceptions; 4. Notice of intent to record; 5. Parking modification permits; ~6. Reasonable accommodation; and 6:7. Tree removal permits. C. Appeal filed with the community development department. The appeal shall be filed with the community development department and accompanied by a filing fee in compliance with the city's schedule of fees and charges, no part of which is refundable. D. Ministerial actions. Ministerial actions granting or denying a building permit, zoning clearance, home occupation permit, or any other ministerial action pursuant to this Zoning Code are final and not subject to appeal. 21.62.030 -Appeals from decisions of the planning commission A. Appeal of planning commission decision. The applicant or any other interested party may file an appeal to the City Council from any decision of the planning commission rendered in compliance with this Zoning Code. B. Appeal filed with the city clerk. The appeal shall be filed with the city clerk and accompanied by a filing fee in compliance with the city's schedule of fees and charges, no part of which is refundable. C. Council Initiated Review: Notwithstanding any other provision of this section, the City Council may review any decision of the planning commission as follows: 65 1. The City Council may initiate the review by vote of a majority of its members at any time prior to the expiration of the appeals period set forth in section 21.62.040; 2. The review shall be treated the same as an appeal, except that no application need be filed with the city clerk. 21.62.040 -Filing and processing of appeals. A. Timing and form of appeal. 1. Appeals shall be submitted in writing and filed with the city clerk within ten days after the date the community development director or the planning commission renders the decision. 2. The number of days shall be construed as calendar days. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed. 3. Appeals shall be accompanied by the filing fee set by the city's schedule of fees and charges, no part of which is refundable. B. Effect of filing. The filing of an appeal in compliance with this chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal. C. Required statement and evidence. 1. Applications for appeals shall include a statement specifying the basis for the appeal and the specific aspect of the decision being appealed. 2. Appeals shall be based upon an error in fact, dispute of findings, or inadequacy of conditions to mitigate potential project impacts. 3. Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal. D. Notice to applicant. If the appellant is not the applicant, a copy of the appeal shall be sent to the applicant, by first class United States mail or comparable delivery service, postage prepaid, to the address listed on the application within seven days of its filing. Report and scheduling of hearing. 1. When an appeal has been filed, the community development director shall prepare a report on the matter, and schedule the matter for consideration by the appropriate appeal body, with notice provided in compliance with subsection F of this section. All appeals shall be considered in public hearings. The city may consolidate hearings on all timely filed appeal applications for the same project. Notice requirements. 1. Public notice for a hearing on an appeal shall be provided in the same manner as required for the decision being appealed. 2. The content of the notice shall comply with Chapter 21.64, (Public Hearings). G. Withdrawal of appeal. Once filed, an appeal may only be withdrawn by a written request submitted to the city clerk with the signatures of all persons who originally filed the appeal. H. Decision shall be final after ten days. Any determination or decision not appealed within the ten-day period shall be final. 66 21.62.050 -Action on appeals. A. Action. At the hearing, the decision-making body may only consider any issue involving or related to the matter that is the subject of the appeal, in addition to the specific grounds for the appeal, and shall conclude the proceedings with one of the following actions. 1. Affirmation or reversal. The appeal body may, by resolution, affirm, affirm in part, or reverse the action that is the subject of the appeal. 2. Additional conditions. When reviewing an appeal on a permit, the appeal body may adopt additional conditions of approval involving or related to the subject matter of the appeal. 3. Deny the permit. Deny the permit approved by the previous decision-making body, even though the appellant only requested a modification or elimination of one or more conditions of approval. 4. Referral. If new or different evidence is presented in the appeal, the planning commission or City Council, may, but shall not be required to, refer the matter back to the community development director or planning commission, as applicable, for further consideration. Any new evidence shall relate to the subject of the appeal. 5. Required findings. The appeal body shall make the required findings in support of its final action. B. Deadlock vote. 1. By planning commission. In the event an appeal from an action of the community development director results in a deadlock vote by the planning commission, the determination, interpreting decision, judgment, or similar action of the community development director shall be recognized as final, unless appealed to the City Council. 2. By City Council. In the event that an appeal from an action of the planning commission results in a deadlock vote by the City Council, the action of the planning commission shall become final. C. Effective date of decision. 1. Final action by planning commission. An action of the community development director appealed to the planning commission shall not become effective until the time for an appeal to the City Council has expired without an appeal. 2. Final action by City Council. An action of the planning commission appealed to the City Council shall not become effective until final action by the City Council. 21.62.060 Exhaustion of Appeals. A. Except as provided in subsection B of this section, no action challenging a decision made pursuant to this Title may be commenced unless all of the appeals afforded under this Title have been exhausted. B. Notwithstanding subsection A, no one shall be required to exhaust the appeal rights afforded under this Title prior to commencing an action to challenge any decision that violates free speech rights protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution. 67 Chapter 21.71 ADMINISTRATIVE DECISION PROCESS Sections: 21.71.010 -Purpose of chapter. 21.71.020 -Approval authority and process. 21.71.030 -Findings and decision. 21.71.040 -Conditions and time limits. 21.71.050 -Notification of decision. 21.71.060 -Post decision procedures. 21.71.010 -Purpose of chapter. The purpose of this chapter is to provide procedures for processing and reviewing discretionary permits through a staff level administrative decision process. By following these procedures, it is intended that interested individuals and groups will be aware of the proposals under consideration by the community development director and may offer their input into the decision-making process. 21.71.020 -Approval authority and process. A. Approval authority. The community development director is the approval authority for the following discretionary permits processed through the administrative decision process: 1. Administrative planned development permits; 2. Administrative site and architectural review permits; 3. Fence exceptions; aad 4. Parking modification permits; and 4.5. Tree removal permits. B. Notice. The community development director shall mail a notice to owners of record within a three hundred foot radius of the subject property indicating that an application has been filed with the community development department. The notice shall be mailed a minimum of ten days before a decision is rendered. The notice shall provide a brief description of the project, the project location, and the starting and ending dates for the ten-day comment period during which the city will receive comments on the project. The notice shall also require that any comments submitted from any interested individuals or groups shall be submitted to the planning division in writing prior to the end of the given comment period. C. Additional notice. In addition to the methods of noticing required by subsection B of this section, the community development director may provide any additional notice using any distribution method or a greater noticing radius that the community development director determines is necessary or desirable. D. Failure to mail or receive notice. Failure of the community development director to mail a notice required by this chapter or the failure of any person to receive the notice shall not affect the validity of any proceedings taken under this chapter or any action or decision of the community development director. E. Decision. The community development director shall render a decision after the required ten-day noticing period has ended. F. Referral. The community development director shall have the authority to refer applications handled through the administrative decision process to the planning commission for a decision. 21.71.030 -Findings and decision. An application may be approved only if all the applicable findings located in each respective chapter relating to each type of application are made by the community development director. 68 21.71.040 -Conditions and time limits. The community development director may take the following actions in approving an application: A. May impose conditions of approval. The community development director may impose conditions of approval, as deemed reasonable and necessary under the circumstances, to carry out the intent of this chapter and the general plan. B. May impose time limits. The community development director may impose time limits within which the conditions of approval shall be fulfilled and the proposed development started or completed. C. Valid in ten days. The decision shall become valid ten days following the date of approval in compliance with Chapter 21.56, (Permit Implementation, Time Limits, and Extensions) unless appealed, in compliance with Chapter 21.62, (Appeals). 21.71.050 -Notification of decision. A. Written notification to applicant. Written notification of the decision of the community development director shall be provided to the applicant following a decision. B. Shall include conditions and time limits. In the case of approval, the notification shall include all conditions and time limits imposed by the community development director. 21.71.060 -Post decision procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 5, (Zoning Code Administration) and those identified in Chapter 21.56, (Permit Implementation, Time Limits, and Extensions) shall apply following the decision. 69 Chanter 21.72 DEFINITIONS Sections: 21.72.010 -Purpose. 21.72.020 -Definitions of specialized terms and phrases. 21.72.010 -Purpose. This chapter provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this chapter, or other provisions of the Municipal Code, the most common dictionary definition is presumed to be correct. 21.72.020 -Definitions of specialized terms and phrases. The following "land use" definitions are in alphabetical order. A. DEFINITIONS, "A." "Accessory structure" means a detached, subordinate building whose use is clearly incidental to that of the main structure and which does not contain sleeping quarters, a kitchen or storage for commercial motor vehicles in excess of athree-quarter-ton size. Accessory structures shall comply with the provisions of Section 21.36.020. "Adult day care facilities" means facilities of any capacity that provide programs for frail elderly and developmentally disabled and/or mentally disabled adults in a day care setting. The establishments shall be licensed by the State of California Department of Social Services. "Alley" means a passageway that affords a secondary means of access to abutting property and not intended for general traffic circulation. "Alteration, structural" means any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls. "Alternative fuels and recharging facilities" means a commercial facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric powered vehicles. "Ambulance service" means a commercial facility where ambulances are stored, and from which ambulances and emergency personnel are dispatched to emergencies. "Ancillary retail uses serving industrial uses" means the retail sales of various products within an industrial area for the purpose of serving the employees and businesses. "Apartment" means a single structure or complex of multiple structures incorporating five or more living units that are independent of each other with each one having a kitchen and direct access to the outside or to a common hall Does not include "Rooming and Boarding Houses" "Townhouse" "Condominiums" "Duplex", "Triplex", or "Fourplex". "Arcades" means establishments providing three or more arcade machines within an indoor amusement and entertainment facility. Two or less arcade machines are not considered a land use separate from the primary use of the site. This land use does not include arcade games or other activities located within private entertainment facilities. "Artisan products, small-scale assembly" means commercial establishments manufacturing and/or assembling small products primarily by hand, including jewelry, ceramics, quilts, and other small glass and metal arts and crafts products. 70 Assembly Use. (See "Public assembly use"). "Assisted living facilities" means a special combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living. A facility with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms and/or living quarters, where the emphasis of the facility remains residential. The facilities shall be licensed by the State of California Department of Social Services. "Automated teller machines (ATM's)" means apedestrian-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals, and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with this Zoning Code. B. DEFINITIONS, "B." "Banks and financial services" means financial institutions including: 1. Banks and trust companies; 2. Credit agencies; 3. Holding (but not primarily operating) companies; 4. Lending and thrift institutions; 5. Other investment companies; 6. Securities/commodity contract brokers and dealers; 7. Security'and commodity exchanges; 8. Vehicle finance (equity) teasing agencies. See also "Automated teller machine." Does not include "Check cashing." "Banquet facilities" means a facility or hall available for lease by private parties and engaged in providing single event-based food services (e.g., graduation parties, wedding receptions, business or retirement luncheons, trade shows, etc.) The facility may have equipment and vehicles to transport meals and snacks to events and/or prepare food at an off-premise site. Banquet halls with catering staff are included in this industry. Does not include restaurants ("Restaurants"). "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to two feet. If the finished floor directly above the space is more than two feet above grade at any point, such space shall be considered a story, and the entire space shall be included in the calculation of gross floor area. As used in this definition, the term "grade" shall mean finished grade adjacent to the exterior walls of the structure. Light wells and exterior stairwells for basements shall meet any required setbacks. 71 Attu` t~ C Figure 6-1 Basement r ... ~~,r When the vertical distance ("A") is less than or equal to 2 feet from grade to the finished floor directly above, then the space described by "A" and "B" combined is considered a basement. "Bed and breakfast inn" means a residential structure with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided. A bed and breakfast room with more than five guest rooms is considered a hotel or motel. Does not included room rental in a "Boarding house" situation ("rooming and Boarding houses"). "Beer and wine festival" means a fair, exhibition, ceremony, art show, program, celebration, or other public assemblage of people for the conduct of a festivity involving the sale and consumption of beer or wine. Beer and wine festivals shall comply with the provisions of Section 21.36.030. "Blueprinting shop" means an establishment primarily engaged in reproducing text, technical drawings, architectural plans, maps, or other images by blueprinting, photocopying, or other methods of duplication. Does not include printing and publishing services ("printing and publishing") or other business support services ("business support services"). "Bookstore" means a retail establishment primarily engaged in the sale, rental, or other charge-for-use of books, magazines, newspapers, and other printed conveyed information or media, excluding any adult bookstore selling adult material ("adult oriented businesses"). "Building wall height" means the vertical distance (to be used for the purpose of determining setbacks) from the finished grade adjacent to the building to the highest point of the roof surface for a flat roof, top of the deck line for a mansard roof, top of the plate height for a hipped roof, and the mean height level between the eave and the ridge for a gabled or gambrel roof. Hipped Roof 72 Gabled Roof ~~I~ ~- ~.~~ Flat Roof ~tw~' ~' ~~ 1~![~ti~ST '~'ti3T ~ "S~RC~ x ~ r ~iR;i~bfi~ 73 Mansard Roof -rte ~~ ~x~s~t~ b Figure 6-2 Building Wall Height "Business support services" means establishments primarily within structures, providing other businesses with services including maintenance, repair, and service, testing, rental, etc., also includes: 1. Business equipment repair services (except vehicle repair); 2. Commercial art and design (production); 3. Computer-related services (rental, repair); 4. Copying and quick printing services; 5. Equipment rental businesses within structures; 6. Film processing laboratories; 7. Heavy equipment repair services where repair occurs on the client site; 8. Janitorial services; 9. Mail advertising services (reproduction and shipping); 10. Other "heavy service" business services; 11. Outdoor advertising services; 12. Photo developing/finishing/printing; 13. Protective services (other than office related); 14. Rental, repairs and distribution of office or business equipment; 15. Soils and materials testing laboratories; 16. Window cleaning. 74 C. DEFINITIONS, "C." Cafe. See "restaurants." "Caretaker/employee housing" means a structure constructed to residential occupancy standards in compliance with the Uniform Building Code that is accessory to a nonresidential primary use and required for security, or 24-hour care or supervision. Caretaker/employee housing shall comply with the provisions of Section 21.36.040. "Carport" means an accessory structure or portion of a main structure designed for the shelter or storage of automobiles and having a permanent roof and open on at least two sides. "Cat Boarding facilities" means the keeping of cats for overnight or extended periods of time for commercial purposes. "Cat and dog day care facilities" means facilities that provide nonmedical care and supervision of cats and/or dogs for periods of less than 24 consecutive hours per day. Does not include overnight stays ("Cat Boarding facilities" or "Dog Boarding facilities"). "Cat and dog grooming facilities" means facilities where cats and dogs are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. Includes self- service cat- and dog-washing facilities where the customers provide the labor. "Catering businesses" means a use, independent of a restaurant, which involves the preparation and delivery of food and beverages for off-site consumption. "Catering businesses," only when ancillary to a restaurant, means an ancillary use to a restaurant, which involves the preparation and delivery of food and beverages for off-site consumption. No additional vehicles or equipment (e.g. outside barbeques) are permitted to be stored on-site. "Cemeteries" means establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Also includes animal cemeteries, cinerarium, columbarium, and mausoleum operations. "Check cashing" means a business that serves only to exchange cash or money orders for checks from a third party. "Chemical products manufacturing" means manufacturing establishments that produce or use basic chemicals and establishments creating products predominantly by chemical processes. Establishments classified in this major group manufacture three general classes of products: (1) basic chemicals including acids, alkalis, salts, and organic chemicals; (2) chemical products to be used in further manufacture, including dry colors, pigments, plastic materials, and synthetic fibers; and (3) finished chemical products to be used for ultimate consumption including cosmetics, drugs, and soaps; or to be used as materials or supplies in other industries, including explosives, fertilizers, and paints. "Child day care facilities" means facilities that provide non-medical care and supervision of minor children for periods of less than 24 consecutive hours per day. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services: 1. "Family child day care homes, large" means a day care facility located in a residence where an occupant of the residence provides care and supervision for seven to 12 children. A large family day care home may provide care for two additional children (up to a maximum of fourteen children) in compliance with Section 1597.46 of the Health and Safety Code. Children under the age of 10 years who reside in the home count as children served by the day care facility. Large family child day care homes shall comply with the provisions of Section 21.36.060 (Child Care Facilities) and Section 21.36.070 (Large Family Child Care Homes). 2. "Family child day care homes, small" means a day care facility located in asingle-family residence where an occupant of the residence provides care and supervision for six or fewer children. A small family day care home may provide care for two additional children (up to a maximum of eight children) in compliance with Section 1597.44 of the Health and Safety Code. 75 Children under the age of 10 years who reside in the home count as children served by the day care facility. Small family child day care homes shall comply with the provisions of Section 21.36.060 (Child Care Facilities). 3. "Commercial child day care centers" means a commercial or non-profit child day care facility not operated as a small or large child day care home. Includes infant centers, preschools, sick child centers, and school-age day care facilities. These may be operated in conjunction with a business, school, or religious facility, or as an independent land use. Commercial child day care centers shall comply with the provisions of Section 21.36.080. "Clothing products manufacturing" means manufacturing establishments producing clothing, and fabricating products by cutting and sewing purchased textile fabrics, and related materials including furs, leather, plastics, and rubberized fabrics. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("Retail stores, general merchandise") are instead included under "Personal services, general." "Columbarium, Crematorium, Mausoleum" "Columbarium" means a structure or building substantially exposed above ground intended to be used for the interment of the cremated remains of a deceased person or animal. "Crematorium" means a location containing properly installed, certified apparatus intended for use in the act of cremation. "Mausoleum" means a structure containing aboveground tombs. "Commercial child day care center". See "Child care facilities." "Commercial schools" means an establishment providincLspecialized trade or vocational classes as a part of a certificate or degreegrantin~c program including but not limited to various construction trades, the practice of law auto mechanics and real estate licensure. h~.....,~, ..c~~°`~'`~' sEttools ~ .,°~•~~~~°~+±~~d r~s-lrislades--speeial' „may cr_-.,.~..__ ~, nd~etaae~daae~-dra+~a~r' s vocations;-Larnaze~-yoga, martial-arts; gyrotonles;-eomputer-teshnol #t~rriishi~ag_eeiusat~or}al-courses by_mai4:-Also-includes-personal trainers-u~ith_rr~ore than-two-cl+ents: ~~^~r,-C,~,.,t;~; i,^etltutio~as, ar~d sooferer~ce ser}tors aro included t#~at offer-speclallaeci {programs In personaa growt#anr4-develo~e.g:; hrts;-so+~~rnt~c~a~.,;~-e^vlreria~eatal awar~s; , et6.-}. "Commercial schools" means business, secretarial, and vocational schools offering specialized trade and commercial courses" means Includes specialized non-degree granting schools offering subjects including: art, ballet and other dance, drama, driver education, language, trades, vocations, Lamaze, yoga, martial arts, gyrotonics, computer technologies, and music. Also includes seminaries and other facilities exclusively engaged in training for religious ministries; and establishments furnishing educational courses by mail. Also includes personal trainers with more than two clients. Facilities, institutions, and conference centers are included that offer specialized programs in personal growth and development (e.g., arts, communications, environmental awareness, fitness, management, etc.). "Community/culturallrecreational centers" means multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen, and/or outdoor barbecue facilities, that are available for use by various groups for activities including dances, meetings, parties, receptions, exhibits, etc. "Community apartment project" means an undivided interest in land coupled with the right to exclusive occupancy of the apartment located on the land. "Community housing project" means and includes any of the following: a condominium development, a community apartment project, a membership association, or a stock cooperative. "Condominiums" means a development where undivided interest in common in a portion of real property 76 is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support. "Conservation or natural resource land" means land that possesses or encompasses conservation or natural resources. "Conservation of natural resource" means and includes, but is not necessarily limited to ground water, natural vegetation, recharge, soils, special land forms, streams, watersheds, and wildlife habitat as defined below. "Construction equipment rentals" means retail establishments renting heavy construction equipment, including cranes, earth moving equipment, heavy trucks, etc. "Contractor's equipment yards" means storage yard operated by, or on behalf of a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and structures for uses including offices and repair facilities. "Convalescent/rest homes," also known as nursing homes, means these are facilities licensed by the California State Department of Health Services. These facilities house one or more individuals in a single room with bathroom facilities and provide intensive medical and nursing care, including 24-hour availability of licensed nursing personnel. Residents are often convalescing from serious illness or surgery and require continuous observation and medical supervision, or will reside in the facility as a long-term resident. Does not include residential care facilities ("Residential Care Facilities") or assisted living facilities ("Assisted Living Facilities"). "Convenience markets/stores" means an establishment that includes the retail sale of food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a relatively small building; but excluding delicatessens and other specialty food shops and also excluding establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cut meat. These stores can be part of a seruiEe gasoline station or an independent facility. "Conversion" means a proposed change in the ownership of a parcel of land, together with the existing attached structures, to a community housing project, regardless of the present or prior use of the land and structures and or whether substantial improvements have been made to the structures. "Conversion, commercial converted from residence" means a structure or use originally designed, constructed, or intended for residential use that is converted to a commercial use. "Conversion, industrial converted from residence" means a structure or use originally designed, constructed, or intended for residential use that is converted to an industrial use. D. DEFINITIONS, "D." "Dancing and live entertainment" means a commercial facility where patrons come to dance to live or recorded music or simply enjoy entertainment performed by live entertainers. Does not include karaoke or juke box. "Density bonuses" means a density bonus, as defined by California Government Code Section 65915 et seq., is an increased residential density of up to 25 percent over the maximum density allowed under the General Plan land use diagram which is granted to an owner/developer of a housing project agreeing to construct a prescribed percentage of very low, and/or low income dwelling units and/or senior housing units. "Department store" means a retail store offering a full line of general merchandise items. "Detached" means any structure that does not have a wall and roof in common with another structure. 77 "Dog Boarding facilities" means the keeping of dogs for overnight or extended periods of time for commercial purposes. May include ancillary dog grooming for customers. "Drive-in/drive-in service" means the act of serving food and beverages by a restaurant to occupants in motor vehicles for on-site consumption. "Drive-in theater" means a theater providing a large outdoor movie screen where patrons view the movie from the comfort of their private motor vehicles. "Drive-through/drive-up service/drive-up window' means the rendering of services or the selling of food and beverages or other products for consumption or use off-site to occupants in motor vehicles. Businesses with this type of activity include but are not limited to restaurants, cafes, pharmacies/drug stores. and banks. "Dry cleaning" means an establishment maintained for the pickup and delivery of dry cleaning and/or laundry. "Duplex" means a residential structure containing two dwelling units designed exclusively for occupancy by two families living independently of each other. "Dwelling unit" means one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. A dwelling unit may not have more than one kitchen. E. DEFINITIONS, "E. "Electrical transmission line, major" means a public utility transmission line utilized for the transmission of electrical energy for sale to multiple customers (e.g., residential, commercial, industrial, government, etc.) that cannot be installed underground due to technical constraints, safety constraints, or industry standards. "Electronics and equipment manufacturing" means establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation, and use of electrical energy, including: 1. Appliances (e.g., stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines); 2. Aviation instruments; 3. Electrical transmission and distribution equipment; 4. Electronic components and accessories, and semiconductors, integrated circuits, related devices; 5. Electronic instruments, components and equipment (e.g., calculators and computers); 6. Electrical welding apparatus; 7. Lighting and wiring equipment (e.g., lamps and fixtures, wiring devices, vehicle lighting); 8. Industrial apparatus; 9. Industrial controls; 10. Instruments for measurement, testing, analysis and control, associated sensors and accessories; 11. Miscellaneous electrical machinery, equipment and supplies (e.g., batteries, x-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines); 78 12. Motors and generators; 13. Optical instruments and lenses; 14. Photographic equipment and supplies; 15. Pre-recorded magnetic tape; 16. Radio and television receiving equipment (e.g., television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies); 17. Surveying and drafting instruments; 18. Telephone and telegraph apparatus; 19. Transformers, switch gear and switchBoards; 20. Watches and clocks. Does not include testing laboratories (soils, materials testing, etc.) "Emergency shelter" means a facility that provides families or individuals with emergency overnight shelter, food, shower, clothes, and all other services critical to the day-to-day needs of shelter residents. Case managers and shelter workers provide assistance in the successful attainment of permanent housing including housing location assistance, housing counseling, and educational services. "Equipment rental establishments" means service establishments which offer a wide variety of materials and equipment for rent, including business equipment (e.g., computers, copiers, desks, projectors, etc.) and equipment and supplies for parties and other social events (e.g., chairs, fountains, glassware, linens, tables, etc.), all available within an enclosed structure. F. DEFINITIONS, "F. "Family" means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. "Family child care homes, small and large". See "Child day care facilities." "Fence" means an artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas that does not contain any horizontal feature. "Floor area, gross" means the total horizontal floor area in square feet of all stories of all buildings measured to the outside surface of exterior walls. Stairways and elevator shafts shall be included on all floors. "Floor area ratio" means the ratio of gross floor area to the net lot area. Floor area ratio shall include the floor area of all stories of all buildings and accessory structures and shall be measured to the outside surface of exterior walls. Floor area ratio does not include uninhabitable attic space, basements, below- grade parking, unenclosed accessory structures (e.g., trellis) and covered porches. 79 l ~laor 4 ~,.~`~ ~ ~lc~rs ~---- I x~i VJ%ctEh t~~ti~ ~` l,ot Width--`= a-`' !n a zone district with ~ anaximu~n IrAR or 1}.5f1, the m~cimum allowa:bl~e flour ares~ of u'builciing on a 4t},Ot?(1 scl. ft. lot would. be tiCl. ft. d~vrded by 4Q,t)il{} I't> e~yraals .SAS. N{3T~: Yariution~ may occur if upper t~lr: ~trc stepped back frc~rrt ,~r~urtc! level lot rnver~~c: ~ro;+s l3uildira~ Area f All Floar:~~ F1.cx~r Aga Rat€~ t<FAR} _ Lot Area Figure 6-3 Floor Area Ratio "Food and beverage product manufacturing" means manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes: 1. Alcoholic beverages; 2. Bakeries; 3. Bottling plants; 4. Breweries; 5. Candy, sugar and confectionery products manufacturing; 80 6. Catering services separate from stores or restaurants; 7. Coffee roasting; 8. Dairy products manufacturing; 9. Fats and oil product manufacturing; 10. Fruit and vegetable canning, preserving, related processing; 11. Grain mill products and by-products; 12. Meat, poultry, and seafood canning, curing, byproduct processing; 13. Miscellaneous food item preparation from raw products; 14. Soft drink production. Also may include tasting and accessory retail sales of beverages produced on site "Fourplex" means a single structure for four living units that are independent of each other with each one having a kitchen and direct access to the outside or to a common hall. Does not include "rooming and Boarding houses." "Frontage" means all the property fronting on one side of a street between intersecting or intercepting streets, or between a street and aright-of-way, waterway, and/or dead-end street, or city boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts. "Furniture/cabinet shops" means manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, lockers, shelving and store fumiture; and miscellaneous drapery hardware, window blinds and shades. Also includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "lumber and wood products." "Furniture, furnishings, and equipment stores" means retail stores primarily selling: home furnishings including draperies, floor coverings, furniture, glass and chinaware, refrigerators, stoves, other household electrical and gas appliances including televisions and home sound systems and outdoor furniture including lawn furniture, spas, and hot tubs. Also includes the retail sale of office fumiture and pianos. G. DEFINITIONS, "G." "Garage, private" means an accessory building or portion of the main building designed for the shelter or storage of automobiles having a permanent roof and enclosed on all sides. "Garage, public" means a building other than a private garage used for the shelter or storage of automobiles. "Garage/yard sale, private" means a sale held for the purpose of selling, trading, or otherwise disposing of household furnishings, personal goods, or tangible property of a resident of the premises on which the sale is conducted on a residential property. The annual frequency and maximum number of days for garage sales are regulated by Section 21.36.090 (Garage and Private Yard Sales). "Garden centers/plant nurseries" means commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale of houseplants or other nursery products entirely within a building is also included under "retail stores, general merchandise." Home greenhouses are included under "Accessory Uses and Structures." "Gasoline stations" means a retail business selling gasoline or other motor vehicle fuels, which may also provide very limited motor vehicle repair and maintenance that are incidental to fuel services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or 81 the rental of vehicle storage or parking spaces. Includes alternative fuels and recharging facilities which are commercial facilities offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric powered vehicles. "Glass products manufacturing" means manufacturing establishments producing flat glass and other glass products which are blown, pressed, or shaped from glass produced in the same establishment. Also includes large-scale artisan and craftsman type operations producing primarily for the wholesale market. "Golf courses" means public and private golf courses, with or without country clubs, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges (driving ranges separate from golf courses are instead classified under "golf driving ranges"); "pro- shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities. Does not include miniature golf courses ("miniature golf course"). "Golf driving ranges" means public and private facilities providing an opportunity for driving golf balls and practicing one's golf swing. May be a separate stand-alone facility or in conjunction with a golf course. "Government offices and facilities" means facilities owned or operated by a governmental entity (e.g., city, county, State, or Federal government). "Grade, finished" means the final elevation of the ground surface after completion of construction on the site. "Grade, natural" means the elevation of the ground surface in its natural state, prior to any disturbance related to construction on the site. "Grocery stores" means an establishment which sells staple food items (e.g., coffee, sugar, flour, etc.) and usually meats and other foods (e.g., fruits, vegetables, dairy products, etc.) and household supplies (e.g., soap, matches, paper napkins, etc.); a minor portion of the food sold may be processed on site (e.g., deli or bakery services). Food stores specializing in a single type of these items (e.g., candy stores, produce only shops, coffee and tea shops, etc.) are not classified as grocery stores. "Gross floor area". See "Floor area, gross. "Gross lot area". See "Lot area, gross." "Groundwater recharge facilities" means a public facility or place that is part of or supports the local, regional, or State water distribution, supply, or treatment system and where water is allowed to collect in order to recharge the underground water supply. H. DEFINITIONS, "H." "Half story". See "story, half. "Handicraft industries, small scale assembly" means manufacturing establishments not classified in another major manufacturing group, including: jewelry, musical instruments, pens, pencils, sporting and athletic goods, toys, and other artists' and office materials; brooms and brushes, buttons, costume novelties, and other miscellaneous small-scale manufacturing industries. "Hardware store" means a facility of 10,000 or fewer square feet gross floor area, primarily engaged in the retail sale of various basic hardware lines, such as tools, builders' hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies, and cutlery; if a facility is greater than 10,000 square feet, it is a building materials supply store/yard ("building materials stores/yards"). "Hazardous material" means a material that can be harmful to human health and to the environment if handled improperly. A material can be considered hazardous if it exhibits one of the following characteristics: 1. "Ignitability" means a material that is determined to be flammable under certain conditions. 2. "Corrosivity" means a material that corrodes metals or has a very high or low pH. 82 3. "Reactivity" means a material that readily explodes or undergoes violent reactions. 4. "Toxicity" means a material that is known to be harmful or fatal when ingested and is known to leach into ground water at certain levels. For example, materials with high levels of arsenic, lead, or mercury. "Health/fitness centers" means membershipbased fitness facilities, gymnasiums, faealth~r+d-athletic clubs and similar establishments requiring membership for access. ~ , fac~iiitaes-haradba4l; ~ncfoo+' tennis;-racquetball;-and-rather-ir}door sports ~artivitie~. "Historic structure" means a structure listed on the city's historic resources inventory. "Hobby car restoration" means an activity in which resident owners engage in the restoration or modification of a motor vehicle and in compliance with the provisions of Section 21.36.100 (Hobby Car Restoration). "Hollywood drive" means a type of driveway that consists of two strips of concrete or similar material leading from the street to an accessory garage or carport. The strips of concrete may be separated by turf or other similar vegetation that can be maintained at a very low height or by mulch, gravel, or similar decorative landscaping material. The strips are spaced approximately the width of a passenger vehicle's tires. 83 Figure 6-4 Hollywood Drive "Home occupations" means an accessory business conducted in a residential dwelling unit, only by residents of the unit, in a manner clearly incidental to the residential character of the site and surrounding neighborhood, and in compliance with the provisions of Chapter 21.44 (Home Occupation Permits). "Hospitals" means an institution, designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment. "Hotels" means guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (for up to thirty days). Access to the individual guest rooms are generally from an interior hallway. Also includes accessory guest facilities (including accessory retail uses, elevators, indoor athletic facilities, swimming pools, and tennis courts). DEFINITIONS, "I." "Indoor amusement/entertainment/recreation centers" means indoor establishments providing amusement/entertainment/recreation services for a fee or admission charge, including: arcades emphasizing coin operated amusements and/or electronic games; bowling alleys; card rooms; dance halls, clubs and ballrooms, and billiard parlors and pool halls, that are principal uses rather than being subordinate to a bar or restaurant; ice skating, and roller skating; skateBoard ramps, and trampoline centers. Does not include "adult oriented businesses" which is separately defined. J. DEFINITIONS, "J." "Junkyard" means the use of more than 100 square feet of the area of a lot for the storage of junk, including scrap materials and metals, or wrecked or inoperable vehicles and machinery, whether or not sale ofjunk is made or proposed. K. DEFINITIONS, "K." "Kitchen facilities" means any room or area designed, intended, or used for the cooking and preparation of food with appliance(s) for cooking or heating food or beverages, such as a stove, oven, microwave, toaster, or hot plate, installed (either temporarily or permanently). 84 L. DEFINITIONS, "L." "Laboratories" means an establishment providing medical or dental laboratory services; or an establishment providing photographic, analytical, or testing services. "Late night activities" means land use activities operating between the hours of 11:00 p.m. and 6:00 a.m., including, but not limited to, the provision of goods and services to the public and all ancillary activities such as property maintenance, janitorial services, street and parking lot sweeping, deliveries, and similar activities. "Late night activities" do not include the lawful, reasonable and customary use of residential uses or professional offices in a manner that does not interfere with the reasonable use and enjoyment of other properties. "Laundries/dry cleaning plants" means service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial), carpet/rug and upholstery cleaners, diaper service, garment pressing and dry cleaning, industrial laundries, and linen supply. Does not include "laundromat, self-service" or "dry cleaning." "Laundromat, self-service" means an establishment that provides washing, drying, and/or ironing machines for hire to be used by customers on the premises. "Library" means a public facility for the use, but not sale, or literary, musical, artistic, or reference materials. "Light rail lines" means permanent light rail tracks that service the Valley Transportation Authority (VTA) light rail system and links Campbell to several other cities in the south bay, including Santa Clara, San Jose and Mountain View. "Light rail passenger terminals" means passenger terminals that provide rider access to the valley transportation authority (VTA) light rail system and links Campbell to several other cities in the south bay, including Santa Clara, San Jose and Mountain View. "Limited equity housing cooperative" means as defined in California Health and Safety Code Section 33007.5). "Liquor establishments" means a retail activity that is primarily devoted to the selling of alcoholic beverages as a stand-alone bar or tavern, or in conjunction with a restaurant or nightclub facility, for consumption on the premises. "Liquor stores" means a retail activity that is primarily devoted to the selling of alcoholic beverages, including beer and wine, for consumption off the premises. Liquor stores shall comply with the provisions of Section 21.36.110. "Live/work units" means a structure that is intended to function predominantly as workspace with incidental residential accommodations that meet "basic habitability requirements" means live/work units are intended to be occupied by business operators who live in the same structure that contains the business activity. Live/work units shall comply with the provisions of Section 21.36.120. "Living Unit" means a room or group of internally connected rooms that have sleeping, cooking, eating and sanitation facilities, but not more than one kitchen, which constitutes an independent living unit. "Loading area" means an open area, other than a street or alley, used for the loading or unloading of vehicles. "Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access. "Lodging houses" means a structure or a portion of a structure, other than a hotel or motel, where lodging for five or more persons is provided for compensation. Also includes rooming houses ("rooming and Boarding houses"). "Lot" means any land occupied or to be occupied by a building, or unit group of buildings, and accessory buildings together with such yards and/or open spaces and lot area as are required by this Zoning Code, 85 and having its principal frontage upon a street, or a place approved by the planning commission. "Lot" includes "plot." "Lot, corner" means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees. "Lot, cul-de-sac" means a lot at the end of a dead end street. "Lot, flag" means a lot having access from the building site to a public street by means of a narrow private strip of land that is owned in fee. "Lot, interior" means a lot other than a corner lot. "Lot, through" means a lot having frontage on two parallel or approximately parallel streets. t f gi { ~ i i E ' ^.~ i ~ ~ t ~,. 'all-lei'-~.rtt' ! Y j _ s j ~IlC4`t l~lE ! ~.i3 d I ...~,~... ,. ~ _ ~.........._ ........a.._...... -..._,~,. 4_......_...,.... ..._ _ _......,,~...~.,... 3 ~}A~Xtii1~~1 LcSC i d ~~ E.u[ Jic~rgya:~ ( art b t',,rtLC:r t ~+i 7~jrriGti~ s r 1..rt 4 F i ...~_ _ _ . ,.~_ _.._ i i fl _._ _. _ _._... _ .. _.._ _ .... :_ ... ~ _ _ i_.._ _ ,_ ..._ ~ .._ _: _ _ _._ _ _ _... Figure 6-5 Lot Types "Lot area, net" means the total area within the lot lines of a lot, excluding any street rights-of--way. "Lot area, gross" means the total area within the lot lines of a lot, plus that area between the centerline of adjacent public streets and the property lines. "Lot coverage" means the horizontal area measured within the outside of the exterior walls on the ground floor of all buildings and accessory structures on a lot including garages, carports and covered porches. 86 •w wn~~.s; ai ~w~.~awllFai ~T~~~wwR\1.~~r~•Y#rss.~t~-A~~~. nlli~s~..~~~-~~1w11w.~.Rw~lln~~~lw~!'e~~n11' 4G ~, t [ ~~ k. }'R,,. K; ~, 1 ~,.a~l~S~~~?~(~ I E ~:~~a ~ I ~ ~ ~ i j WIWYY Wes.,. WIWWYI iW~ ~IIW iY~ ~ ~ f f R ~ f i ~~ ~ .~ _~ __ ~ ~ ~~ ~ ~ L ~ ~ ~ .. r~ . ,~ ~ ;~, '.: t .~`~ $ , ~ ~ ~ ~ ~ '` ! ~ _~ i ~z , ~ ~ ~ _ . , E._.._.._.._.._.._,._..~. _.. .._.~....,~..,.....,~...~......., ;, a.__ _ _ __ ___ _ ___ ~._ ___ ,,_ _ ._ ,._... -- Figure 6-5 Lot Coverage Lc~t +cr~v~r~g Paving "Lot depth" means the horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines. "Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. The community development director shall determine the lot width for parcel of irregular shape. 87 LAt tti`idth /~ ltcar L~rt / 3 ~.ine Sict~ t.~st Line M ~; Lrass~ Ltx hr+cd fact Lvt rSrea [.cat Lx~t ~, [}cptti t4'icEth ~; Fri7cu Fron@ anc[ :' ; Re:zr [,tw Rear L.n# ''~'` MF ~Cfitnt t,r~t t.tC4C Figure 6-7 Lot Lines and Lot Areas "Lumber and wood products" means manufacturing, processing, and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Also includes the following processes and products: 1. Containers, pallets and skids; 2. Milling operations; 3. Trusses and structural beams; 4. Turning and shaping of wood products; 5. Wholesaling of basic wood products; 6. Wood product assembly. "Craft-type shops" are included in "Handcraft Industries and Small-Scale Manufacturing." Other wood and cabinet shops are included under "Furniture/Cabinet Shops." The indoor retail sale of building materials, construction tools and equipment is included under "Building Material Stores/Yards." M. DEFINITIONS, "M." "Machinery manufacturing" means the manufacturing of machinery and equipment for purposes and products including the following: 1. Construction; 2. Conveyors; 3. Die casting; 88 4. Dies; 5. Dredging; 6. Engines and turbines; 7. Farm and garden; 8. Food products manufacturing; 9. Gear cutting; 10. Heating, ventilation, air conditioning; 11. Industrial molds; 12. Laundry and dry cleaning; 13. Materials handling; 14. Mining; 15. Paper manufacturing; 16. Passenger and freight elevators; 17. Pistons; 18. Printing; 19. Pumps; 20. Refrigeration equipment; 21. Textile manufacturing. "Main structure" means a structure that accommodates the primary use of the site. Major Electrical Transmission Line. See "Electrical Transmission Line, Major." "Manufactured housing" means a housing unit that is either wholly or partially constructed or assembled off the site in compliance with California Health and Safety Code Section 18551, and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sections 5401 et seq.). "Marine sales" means retail establishments selling and/or renting new and/or used boats, and associated marine equipment (e.g., jet skis, trailers, etc.) Also includes parts sales or service facilities only when part of a dealership selling new marine equipment on the same site. "Massage establishment" means an establishment having a fixed place of business where any person, firm, association, or corporation practices or otherwise permits massage for compensation. "Massage establishment" shall include any establishment providing off-premises massage services and establishments that offer services such as relaxation, hot tub, towel wraps, baths, health treatments, tanning, or any service where the essential nature of the interaction between the employee and the customer involves a massage. "Massage therapy" means therapeutic (non-sexual) rubbing or kneading of parts of non-specified anatomical areas of the body to aid circulation or to relax muscles, provided by a licensed professional. "Medical services, clinics" means facilities primarily engaged in furnishing outpatient medical, mental health, surgical, and other personal health services. These include: medical, dental, and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under "offices"); outpatient care facilities; emergency room services; and allied health services. Associations or groups 89 primarily engaged in providing medical or other health services to members are included. "Medical services, extended care" means residential facilities providing nursing and health-related care as a principal use with in-patient beds, including: skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility); extended care facilities; Board and care homes. Long-term personal care facilities that do not emphasize medical treatment are classified in "residential care homes." "Medical services, laboratories" means facilities primarily engaged in furnishing medical and dental laboratory services. Meeting halls. See "Public assembly uses." "Membership organization facilities" means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations, civic and social organizations, labor unions and similar organizations, political organizations, private clubs, professional membership organizations, private clubs, and other membership organizations. "Metal products fabrication" means the assembly of metal parts, including blacksmith and welding shops, machine shops, sheet metal shops, and boiler shops, that produce metal duct work, cabinets and enclosures, metal doors and gates, tanks, towers, and similar products. "Miniature golf course" means atheme-oriented recreational facility, typically comprised of nine or 18 putting greens, each with a "cup" or "hole", where patrons in groups of one to four pay a fee to move in consecutive order from the first hole to the last. "Mixed-use developments" means a combination of uses in a single building or on a single lot that contain residential and commercial uses that are part of an integrated development project with a significant functional inter-relationship. Residential and commercial uses may be mixed horizontally or vertically provided they are on a single parcel. Mixed-use development shall comp-y with the provisions of Section 21.36.130. "Mobile home parks" means any site that is 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. Monastery, Convent, Parsonage, or Nunnery. "Monastery, convent, or nunnery" means the dwelling units of a religious order or congregation. "Parsonage" means the official residence usually provided by a religious institution for its minister, parson, rabbi, etc. "Mortuaries or funeral parlors" means establishments where deceased are prepared for burial or cremation, and funeral services may be conducted. Includes crematoriums, funeral homes, and funeral parlors. "Motels" means guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (for up to 30 days). Access to the individual guest rooms are generally from an exterior walkway. Also includes accessory guest facilities (including accessory retail uses, elevators, indoor athletic facilities, swimming pools, and tennis courts). Motor Vehicle Related Land Uses. 1. "Motor vehicle cleaning, washing, and detailing" means facilities specializing in the cleaning, washing, detailing and polishing of motor vehicles. 2. "Motor vehicle dismantling" means customarily outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including wreckers engaged in dismantling motor vehicles for 90 scrap and the incidental wholesale or retail sales of parts from vehicles. Includes light and heavy processing facilities for recycling. Does not include: places where these activities are conducted entirely within structures; pawnshops and other secondhand stores; or the sale of operative used cars. Motor vehicle dismantling shall comply with the provisions of Section 21.36.240. 3. "Motor vehicle leasing" means retail establishments leasing motor vehicles (e.g., automobiles, trucks and vans). 4. "Motor vehicle oil change facilities" means these facilities are limited to performing only oil changes and very limited incidental maintenance and only on light duty motor vehicles (e.g., automobiles, light duty trucks and vans). 5. "Motor vehicle painting" means motor vehicle repair facilities dealing with entire vehicles, but only within a completely enclosed and soundproofed structure. These establishments customarily provide towing, collision repair, other body work, and painting services. 6. "Motor vehicle parking facilities" means and includes short-term commercial garages, parking lots, and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by the Zoning Code.) 7. "Motor vehicle parts and supplies" means retail stores that sell new motor vehicle parts, tires, and accessories. May also include very limited vehicle maintenance and parts installation connected with the retail sales. 8. "Motor vehicle renting" means retail establishments renting motor vehicles (e.g., automobiles, trucks, recreational vehicles and vans). 9. "Motor vehicle repair and maintenance, minor and major" means major vehicle repair facilities deal with the entire vehicle; minor repair facilities generally specialize in limited aspects of repair (e.g., muffler and radiator shops, tire shops.) All repair activities (minor and major) are conducted within a completely enclosed and soundproofed structure. Does not include: motor vehicle dismantling yards which are included under "motor vehicle dismantling." Motor vehicle repair facilities shall comply with the provisions of Section 21.36.140. 10. "Motor vehicle repair and maintenance, minor only" means minor repair facilities generally specialize in limited aspects of repair (e.g., muffler and radiator shops, oil change shops, smog shops, tire shops, tune up shops, window tinting.) All repair activities are conducted within a completely enclosed and soundproofed structure. Does not include: motor vehicle dismantling yards which are included under "motor vehicle dismantling." Motor vehicle repair facilities shall comply with the provisions of Section 21.36.140. 11. "Motor vehicle sales" means retail establishments selling new and/or used motor vehicles (e.g., automobiles, trucks, and vans). May also include service and repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership. 12. Motor Vehicle Tune-Up. See "motor vehicle repair and maintenance, minor only." 13. Motor Vehicle Tune-Up, Limited to Light Duty Only. See "motor vehicle repair and maintenance, minor only;" however, these shops are limited to performing only tune ups and only on light duty motor vehicles (e.g., automobiles, light duty trucks and vans). 14. Motor Vehicle Window Tinting. See "motor vehicle repair and maintenance, minor only." "Multi-family dwelling" means_an apartment townhome or condominium development. "Museums, public" means public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, museums, and planetariums, which are generally non-commercial in nature. "Music (recordings) store" means an establishment primarily engaged in retailing new prerecorded audio 91 and video tapes, compact discs (CDs), digital video discs (DVDs), and phonograph records. N. DEFINITIONS, "N." "Nature preserves" means areas intended to remain in a predominately natural or undeveloped state to provide resource protection and possible opportunities for passive recreation and environmental education for present and future generations. "Nightclubs" means commercial establishments, with or without food service, providing opportunities for dancing, music, and other related forms of entertainment, including cabarets. These establishments may be part of a restaurant, where the food service is subordinate to the dancing and entertainment. "Nonconforming building" means a building or structure the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Zoning Code, but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of this Zoning Code. "Nonconforming use" means a use or activity which was lawful prior to the adoption, revision, or amendment of this Zoning Code, but which fails, by reason of such adoption, revision or amendment, to conform to the use regulations for the zoning district in which it is located. "Nuisance per se" means an activity that in and of itself is inherently considered to be a nuisance. Examples of activities that are nuisances per se include water pollution by discharge, structures which amount to a fire hazard, noise, air pollution, weeds, rubbish and refuse, junkyards, earth movement, and illegal signs. See "Public Nuisance." O. DEFINITIONS, "O." "Offices, professional" means professional or government offices including: 1. Administrative; 2. Accounting, auditing and bookkeeping services; 3. Advertising agencies; 4. Architectural, engineering, planning, and surveying services; 5. Attorneys; 6. Counseling services; 7. Court reporting services; 8. Data processing and computer services; 9. Detective agencies and similar services; 10. Educational, scientific and research organizations; 11. Employment, stenographic, secretarial and word processing services; 12. Insurance agencies; 13. Government offices including agency and administrative office facilities; 14. Management, public relations and consulting services philanthropic enterprises; 15. Philanthropic enterprises; 16. Photography and commercial art studios; 92 17. Public utilities; 18. Real estate services; 19. Travel agencies; 20. Writers and artists offices outside the home. Does not include: medical offices, which are allowed under "medical services--clinics", financial institutions, or offices that are incidental and accessory to another business or sales activity that is the principal use" means Incidental offices that are customarily accessory to another use are allowed in any non-residential zoning district as part of an approved principal use. "Oil change facilities". See "Motor vehicle oil change facilities. "Open space" means that portion of a lot or property which is required to be open and unobstructed by structures, except as specifically provided by law, from the ground to the sky. "Open space, required for multiple-family dwelling units" means a private or common space serving multiple-family dwelling units that is specifically designed for recreational use, whether active or passive, and shall not be occupied by driveways, parking spaces, or walkways between structures. "Open space, usable private" means the area shall exclude the required front setback between the structure and the street property line. The open space area may be occupied by recreation facilities (e.g., deck, patio, playground equipment, porch, swimming pool, etc.) provided it is open on at least two sides and not covered by a roof or canopy. "Open space land" means any parcel or area of land essentially unimproved in its natural state; devoted to an open space use; and which is designated in the open space element in the General Plan for open space. "Open space zoning district" means any area of land or water designated O-S (open space) and subject to all of the terms and regulations of this Zoning Code. "Open space use" means the use of land for: 1. Containment and structuring of urban development; 2. Conservation or use of natural resources; 3. Enjoyment of scenic beauty; 4. Production of food or fiber; 5. Protection of man and his artifacts (property, structures, etc.); and 6. Public recreation. "Outdoor "active" activities" means an accessory activity to an allowed commercial retail or service land use that is active in nature (e.g., drive-up windows, sales stations, etc.) "Outdoor amusemenUentertainment/recreation centers" means facilities for various outdoor participant sports, entertainment, and most types of recreational activities where a fee is charged for use, including: amusement and theme parks; drive-in theaters; golf driving ranges; miniature golf courses (golf courses are included under the definition of "golf courses"); skateBoard ramps and parks and water slides; recreation equipment rental (for example, bicycles, roller skates); health and athletic clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs; zoos. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, (e.g., bars and restaurants [both table service and counter service], and video game arcades.) "Outdoor retail sales and activities" means permanent outdoor sales and rental establishments including auction yards, flea markets, flower stands, lumber and other material sales yards, newsstands, outdoor 93 facilities for the sale or rental of vehicles/equipments, and other uses where the business is not conducted entirely within an enclosed structure. Does not include the sale of automobiles and recreational vehicles ("motor vehicle sales"). "Outdoor seating" means an outdoor dining area provided by a restaurant for its customers that is furnished with tables, chairs, umbrellas, and other items necessary for the consumption of food and beverages served by the restaurant, either with or without waiter service. Outdoor seating shall comply with the provisions of Section 21.36.150. "Outdoor storage" means the storage of various materials, including contractors' equipment, outside of a structure other than fencing, either as an accessory or principal use, suitably screened from public view, but not within 50 feet of a residentially zoned parcel. Outdoor storage shall comply with the provisions of Section 21.36.160. P. DEFINITIONS, "P." "Paper products manufacturing" means the manufacture of paper and paperBoard, from both raw and recycled materials, and their conversion into products including boxes, envelopes, paper bags, wallpaper, etc. "Parking lots/structures, public" means service establishments in the business of storing operative cars, buses, recreational vehicles, trucks, vans, and other motor vehicles for clients. Includes day use commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by the Zoning Code.) Also includes sites where vehicles are stored for rental or leasing. "Parking space" means an area off the street or highway for the temporary storage of an automobile or other motor vehicle. A parking space shall not include space needed for driveway or loading area. "Parks, public" means and includes public parks, play lots, playgrounds, and non-professional/ noncommercial athletic fields, including park and playground equipment, accessory structures, and facilities. "Personal services" means establishments providing non-medical services as a primary use, including: 1. Barber and beauty shops; 2. Clothing rental; 3. Dry cleaning pick-up stores with limited equipment; 4. Home electronics and small appliance repair; 5. Laundromats (self-service laundries); 6. Nail shops; 7. Shoe repair shops; 8. Tailors. These uses may also include accessory retail sales of products related to the services provided. These uses do not include body piercing, psychic readers, tattoo parlors, or any of the other uses listed under "Personal services, limited." "Personal services, limited" means establishments providing nonmedical services of a very limited and restricted nature as a primary use, including body piercing, palm readers, psychic readers, and tattoo parlors. Pet Clinics. See "Veterinary clinics and animal hospitals." "Pet store" means a retail sales establishment primarily engaged in the sale of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals. 94 "Pharmaceutical manufacturing" means establishments engaged in the production of drugs and related therapeutical products for distribution to clinics, hospitals, medical-related facilities, and pharmacies drug stores. "Pharmacies/drug stores" means a retail store where a licensed pharmacist prepares prescription medicines for sale, which may also sell over-the-counter medicines, personal care products, and other miscellaneous products. Pharmacies/Drug Stores, With Drive-Up Service. See (Pharmacies/drug stores;" however these facilities sell their products either through over-the-counter sales or drive-up window service. "Philanthropic enterprise" means an organization or institution engaged in collecting donations of money, goods, or services in order to provide humanitarian or charitable assistance. "Philanthropic collection trailer" means a portable trailer that is parked on private property for the purpose of collecting donations of household goods (e.g., clothing, books, toys, furniture, kitchen utensils, bedding, lamps, rugs, etc.) from area residents. An attendant from the sponsoring philanthropic enterprise is usually present at the trailer during prescribed hours to assist donors in placing their donations in the trailer, to dispense tax receipts, and to maintain the cleanliness of the area surrounding the trailer. "Photocopying" means an establishment (except private mail centers) engaged in providing a range of office support services (except printing services), such as document copying services, facsimile services, word processing services, on-site PC rental services, and office product sales. "Photography studio/supply shop" means an establishment primarily engaged in providing still, video, or digital portrait photography services. Also an establishment primarily engaged in either retailing new cameras, photographic equipment, and photographic supplies or retailing new cameras and photographic equipment in combination with activities, such as repair services and film developing. "Plastics and rubber products" means the manufacture of rubber products including: rubber footwear; mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic, or reclaimed rubber. Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services. "Primary dwelling unit" means a building that is the principle use of the lot on which it is situated. "Printing and publishing" means establishments engaged in printing by gravure, letterpress, lithography, offset, screen, or other common process, including electrostatic (xerographic) copying and other "quick printing" services; and establishments serving the printing trade including bookbinding, electrotyping, engraving, photoengraving, silk screening, and typesetting. This use also includes establishments that publish books, newspapers, and periodicals; and establishments manufacturing business forms and binding devices. "Public assembly uses" means a facility or place where groups of people gather for civic, educational, political, religious, or social purposes. "Public assembly uses" include the following: 1. Auditoriums; 2. Conference centers; 3. Convention and exhibition halls; 4. Lecture halls; 5. Meeting halls; 6. Religious institutions. Does not include banquet facilities ("Banquet Facilities"), movie theaters, performing arts theaters, or concert halls ("Theaters, Movie or Performing Arts, and Concert Halls"). Also does not include "Adult Oriented Businesses." Public assembly uses shall comply with the provisions of Section 21.36.170. 95 "Public nuisance" means an act or omission that interferes with the interests of the community or interferes with the public health, safety, and welfare. A public nuisance affects an entire community or neighborhood, or any considerable number of persons at the same time, although the extent of the annoyance or damage inflicted upon individuals may be unequal. California Civil Code Section 3480. "Public utility structures and service facilities" means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: 1. Corporation and maintenance yards; 2. Electrical substations and switching stations; 3. Natural gas regulating and distribution facilities; 4. Public water system wells, treatment plants and storage; 5. Service uses/structures; 6. Telephone switching facilities; 7. Wastewater treatment plants, settling ponds and disposal fields. "Public works maintenance facilities and storage yards" means publicly owned or operated structures and open storage yards designed to accommodate motor vehicles, construction equipment, and the storage of materials used by the governmental agency. Also includes enclosed structures designed to warehouse space parts and service the above listed equipment. R. DEFINITIONS, "R" "Radio or television transmitter" means usually a tall, fabricated structural metal tower designed and equipped to receive and transmit radio and television signals. "Radio station" means a commercial facility that serves as the base-of-operations for an on-air radio broadcasting company. These facilities may also contain administrative offices and equipment of the type and scale customarily associated with wireless telecommunications facilities. "Recreation land" means any area of land or water suitable for recreational purposes. "Recycling facilities" means this land use type includes a variety of facilities involved with the collection, sorting, and processing of recyclable materials. Typically a center for the collection and/or processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site. 1. "Collection facilities (large and small)" means a center where the public may donate, redeem, or sell recyclable materials, which may include the following, where allowed by the applicable zoning district: a. Large collection facilities which occupy an area of more than 350 square feet and/or include permanent structures. b. Small collection facilities which occupy an area of 350 square feet or less and may include: (1) A mobile unit; (2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and 96 (3) Kiosk-type units which may include permanent structures. Reverse vending machine(s); 2. "Processing facilities" means a structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by means of bating, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing, and shredding. Processing facilities include the following types: a. Light processing facility occupies an area of under 45,000 square feet of collection, processing, and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not bale, compact, or shred ferrous metals other than food and beverage containers; and b. A heavy processing facility is any processing facility other than a light processing facility. 3. "Recycling or recyclable material" means reusable domestic containers and other materials which can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. 4. "Reverse vending machines" means an automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container. "Repair and maintenance, consumer products" means service establishments where repair of consumer products is the principal business activity, including: electrical repair shops; furniture repair; television and radio and other appliance repair; reupholstery; and watch, clock and jewelry repair. Does not include shoe repair (included under "Personal services, general"). Does not include heavy equipment repair businesses, which are included under "Business support services." "Research and development" means indoor facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes chemical and biotechnology research and development. Does not include computer software companies, soils and other materials testing laboratories, or medical laboratories. "Residential care homes, small (serving 6 or fewer persons)" means a facility licensed by the State of Califomia where care, services, or treatment is provided to persons living in a community residential setting. The facilities are designed for and limited to six or fewer residents and are usually housed in a private residential home setting. "Residential care homes, large (serving 7 or more persons)" means a facility licensed by the State of Califomia where care, services, or treatment is provided to persons living in a community residential setting. The facilities are designed for seven or more residents and are usually housed in a private residential home setting. Residential care homes shall comply with the provisions of Section 21.36.180. "Residential service facility, small (6 or fewer)" means a residential facility, other than a residential care facility or single housekeeping unit, where the operator receives compensation for the provision of personal services, in addition to housing including protection, supervision, assistance, guidance, training, therapy, or other nonmedical care. "Residential service facility, large (7 or more)" means a residential facility, other than a residential care facility or single housekeeping unit, where the operator receives compensation for the provision of personal services, in addition to housing including protection, supervision, assistance, guidance, training, 97 therapy, or other nonmedical care. Residential care homes shall comply with the provisions of Section 21.36.180. "Residential recreational facilities, private" means playground equipment, swimming pools and spas, tennis and other sport courts, and similar facilities and accessory structures that are operated for the residents of a specific residential development and their invited guests, and are not open to the general public. Does not include these facilities for individual homes, which are defined as "accessory uses and structures." Restaurants. 1 Restaurants drive through (See "drive-through/drive-up service/drive-up window"). 2 Restaurants drive-in (See "Drive-in/drive-in service"). Ara. "Restaurants, fast food" means establishments whose primary business is the sale of food and beverages to customers for consumption on-site or off-site. Customarily less than 50 percent of the total gross floor area is used for customer seating. Interior furnishings include standardized floor plans, stationary seats, and tables. Food is primarily pre-packaged rather than made to order. Plates and cutlery are disposable. Condiment bars and trash disposal are self-service. 9riv~-in-er Newerire-cernpliat~Ee-with-P~t~ , restau~a~ts -have-a-#~+ ffhe~#urnever--rate-t#an-star~c~arr~-rests uf'ar~ ts: 13:4. "Restaurants or cafes" means establishments whose primary business is the sale of food and beverages to customers for their consumption within the restaurant or restaurant patio area. Customarily at least 50 percent of the total gross floor area is used for the seating of customers. The restaurant may be open for breakfast, lunch, and/or dinner. Alcoholic beverages and carry-out food service are allowed if they are incidental to the primary purpose of consumption of food and beverages in the restaurant. ~:5. "Restaurants, standard" means any establishment whose principal business is the sale of foods, desserts, or beverages to the customer in aready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics: a. Customers, normally provided with an individual menu, are served their foods, desserts, or beverages on tableware by a restaurant employee at the same table or counter at which said items are consumed. b. A cafeteria-type operation where foods, desserts, or beverages generally are consumed within the restaurant building. "Retail stores, general merchandise" means retail trade establishments selling many lines of merchandise. These stores and lines of merchandise include: 1. Art stores/ galleries; 2. Antiques; 3. Artists' supplies; 4. Bakeries (retail only); 5. Boat supplies; 6. Beauty supply; 7. Bicycles; 98 8. Cameras and photographic supplies; 9. Candy stores; 10. Clothing and accessories; 11. Collectibles; 12. Drug and discount stores; 13. Fabrics and sewing supplies; 14. Florists and houseplant stores (indoor sales only-outdoor sales are "garden centers/plant nurseries"); 15. Gifts, novelties and souvenirs; 16. Delicatessens; 17. Handcrafted items (stores may include crafting preparations subordinate to retail sales); 18. Hobby materials; 19. Jewelry; 20. Luggage and leather goods; 21. Meat market; 22. Newsstands; 23. Orthopedic supplies; 24. Photography studio/supply shops; 25. Shoes; 26. Small wares; 27. Specialty shops; 28. Sporting goods and equipment; 29. Stationery; 30. Toys and games; 31. Variety stores. "Rooming and Boarding houses" means houses with individual bedrooms that are rented to between three (3) to five (5) persons for profit, whether or not meals are provided. Rugs and Upholstery Cleaning. See "Laundries/dry cleaning plants." S. DEFINITIONS, "S." Satellite Television or Personal Internet Broadband Dishes/Antenna. See "wireless telecommunications facilities"; however these facilities shall be less than 3 feet or 2 meters in diameter. Satellite television or personal internet broadband dishes/antenna shall comply with the provisions of Section 21.36.190. "Scenic land" means any area of land or water that possesses scenic qualities suitable for preservation. 99 "Schools, commercial". See "Commercial schools." "Schools-K-12, private". See "Schools-K-12, public;" however, these schools are privately owned and operated, and also may include denominational and sectarian, Boarding schools, and military academies. "Schools-K-12, public" means an institution which offers instructions in the several branches of learning and study required to be taught in the public schools by the State Education Code. Includes elementary, middle, junior high, and high schools serving kindergarten through 12th grade students. Pre-schools and child day care are included under the definitions of "Child day care facilities." "Secondhand/thrift stores" means indoor retail establishments that buy and sell used products, including books, clothing, furniture, and household goods. The sale of cars and other used vehicles is included under "Motor Vehicle Sales." "Secondary dwelling units" means a second permanent dwelling unit that is accessory to a primary dwelling unit on the same site. A secondary dwelling unit can be attached or detached to the primary dwelling unit and shall provide complete independent living facilities including permanent provisions for sleeping, eating, cooking, sanitation and parking. Secondary dwelling units shall comply with the provisions of Section 21.36.200. `Senior citizen housing" means housing reserved for senior citizens or other qualified residents as defined by California Civil Code Section 51.3 et seq. Service baX' means a space within a motor vehicle related land use (herein definedl where a motor vehicle can be located for maintenance or repairs. "Setback" means the distance by which a structure, parking area, or other development feature must be separated from a lot line. Setbacks from private streets are measured from the edge of the easement. See also "Yard." Figure 6-8 (Setbacks) shows the location of front, side, street side, rear, and interior setbacks. 100 r:. St>~e~t ~~ I side ~~~ setback~`~~ ~-- =a ~'; ~~:-~ Buildable area I .Rear i Setback 1 1 r_ _ _______, 1 ' Interior I setback. fide ~~i., ~. i t ; , ~ setback ,~ ~, i ~. I ~ .:. ;r ~ ~~ t :~ ~ ~ i .Front setback Front lot. line Sight distance area Figure 6-8 Setbacks "Shopping centers" means a group or cluster of retail businesses and offices sharing common pedestrian and off-street parking, and which are located on parcel(s) of land having the following characteristics: Minimum area of three acres uninterrupted or undivided by public streets; 2. Abutted on at least two sides by public streets that intersect at one corner of the shopping center; 3. May consist of one or more lots tied together by a binding legal agreement providing rights of reciprocal vehicular parking and access, and one or more ownerships; 4. Combination of commercial and office use with commercial uses to be at least 75 percent of gross floor area. "Sign" means any structure, device, figure, painting, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide data or information in the nature of advertising, to direct or attract attention to an object, person, institution, business, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. "Sign shops" means commercial establishments that market and design signs and create banners. Does not include assembly, fabrication, installation, repair, or service of signs. 101 "Sign manufacturing" means industrial establishments that market, design, assemble, fabricate, install, repair, and service signs of all types, sizes, and materials. "Single-family dwellings" means a structure designed for and/or occupied exclusively by one family and containing only one kitchen. Also includes factory-built housing (modular housing) units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/ manufactured housing on permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant. "Single housekeeping units" means a functional equivalent of a traditional family; whose members are a nontransient interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas in sharing household activities and responsibilities such as meals, chores, and expenses. "Spa Services" means an establishment that provides services to customers for financial compensation and may include a sauna, whirlpool, and other similar amenities. "Stock cooperative" means a corporation which is formed or availed of primarily for the purpose of holding a title to, either in fee simple or for a term of years, improved real property. All, or substantially all, of the shareholders of the corporation must receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share(s) of stock in the corporation held by the persons having the right of occupancy. "Storage facilities" means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Includes personal-, self-, ormini-storage." "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. "Story, half' means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story. Grade Figure 6-9 102 -_ , , ,r ~~ ,, ,~ Half Story "Structural alteration" means any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls. "Structure" means anything constructed or erected, which requires location on the ground or attachment to something having a location on the ground. ''Stud'+o t rriere+a~ a~,~~,~'s.-~T':~,-~~''aEie-faei{+t+es~er:-an~iivi~ tram,;,,~;r, +-~° ads; r~artiat~r#s-trair~fr~g-stt~d+os;-f~hotagra~hy;~and the pr-ores en4y-by-users ef-tt~e-stedie #:~cilines;-~rodt~cztFE~ri rek~arsal;-t~icnr}ast+cs-i~ , ~ys~astics-r.>tuE#les wit#-+-~-other-fitn~ ^~ -f~^Rn+es-e~equi~rwe+~ Studios small" means an establishment that offers instruction to twelve or fewer participants at any one time involvingphysical or artistic skills and techniques including but not limited to dance music, fitness training martial arts and fine arts. Studios large" means an establishment that offers instruction to more than twelve participants anv one time involvingphysical or artistic skills and techniques includino but not limited to dance music, fitness training martial arts and fine arts. Small lot single family dwelling" means a single famil~dwellinq (as defined herein) constructed on a lot of less than 6 000 square feet in net lot area located within the P-D (Planned Development) zoning district. T. DEFINITIONS, "T." "Tanning studio" means an establishment that uses artificial lighting systems to produce a tan on an individual's body. This use specifically excludes health and fitness centers ("Health/fitness center"). "Tennis courts, private" means one or more tennis courts designed and maintained for the sole and exclusive use of the residents/tenants of a specific unit or portion of the site and their invited guests. "Textile products manufacturing" means manufacturing establishments engaged in performing any of the following operations: Preparation of fiber and subsequent manufacturing of braids, threads, twine cordage, yarn; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fabric, fiber, yarn, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; the manufacture of felt goods, lace goods, nonwoven fabrics and miscellaneous textiles; and upholstery manufacturing. "Theaters, movie or performing arts, and concert halls" means indoor facilities for public assembly and group entertainment, other than sporting events, including: public and semi-public auditoriums; civic theaters, and facilities for "live" theater and concerts; motion picture theaters; and similar public assembly uses. Does not include uses categorized as "Adult Oriented Businesses" or as "Public Assembly Uses." "Towing services" means service establishments where the primary function is the dispatching of tow trucks to motorists in need of a tow to a third location. The facility provides space for the parking of the tow trucks and the private motor vehicles of the tow truck drivers. Also includes administrative offices for the tow truck company and indoor accommodations for servicing (minor maintenance and repair) the tow trucks. Does not include the short-term storage of towed vehicles ("Motor vehicle parking facilities") or the long- term storage of towed vehicles ("Motor vehicle storage facilities"). Also does not include motor vehicle repair of towed vehicles ("Motor vehicle repair and maintenance, minor and major"). Towing services shall comply with the provisions of Section 21.36.240. "Townhouse" means asingle-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access, light, and ventilation. 103 "Trailer sales" means an open paved area, other than a public street, used for the display, sale, or rental of new or used trailers. Also includes minor incidental repair and service of the trailers displayed or sold on the premises. "Transitional housing" means a facility designed or operated as temporary living quarters for homeless persons for up to two years. Residents are also provided with one-on-one case management, education and training, employment assistance, mental and physical services, and support groups. Transitional housing shall comply with the provisions of Section 21.36.230. "Transit Oriented Development (TOD)" means a residential or mixed-use development, located within Y< mile of a light rail passenger terminal (defined herein). "Travel agency" means an establishment primarily engaged in acting as an agent in selling travel, tour, and accommodation services to the general public and commercial clients. "Triplex" means a single structure for three living units that are independent of each other with each one having a kitchen and direct access to the outside or to a common hall. Does not include "Rooming and Boarding Houses." "Trucking/freight terminals" means this land use consists of transportation establishments furnishing services incidental to air, motor freight, and rail transportation including: 1. Freight forwarding services; 2. Freight terminal facilities; 3. Joint terminal and service facilities; 4. Packing, crating, inspection and weighing services; 5. Postal service bulk mailing distribution centers; 6. Transportation arrangement services; 7. Trucking facilities, including transfer and storage. Tutoring center small" means an establishment providing instruction to twelve or fewer students at a_~[ one time for personal or professional enrichment involving scholastic non-physical pursuits, including but not limited to academics language instruction wine appreciation and computer training. Tutoring_center large" means an establishment providing instruction to more than twelve students at any[ one time for personal or professional enrichment involving scholastic non-physical pursuits, includmg but not limited to academics language instruction wine appreciation and computer trairnng. Establishments providing instruction as a part of a certificate or degree granting program are included under the definition of "commercial school". U. DEFINITIONS, "U." Universities/Colleges, Private. See "Universities/colleges, public"; however, these universities/colleges are privately owned and operated. "Universities/colleges, public" means and includes community colleges, public colleges, universities, and technical schools granting associate arts degrees, certificates, undergraduate, and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. V. DEFINITIONS, "V." "Vending machine" means an unattended self-service device that, upon insertion of coin(s) or token(s) or by similar means, dispenses anything of value including food, beverages, goods, wares, merchandise, or services. "Veterinary clinics and animal hospitals" means office and indoor medical treatment facilities used by 104 veterinarians, including large and small animal veterinary clinics, and animal hospitals. A maximum of five animals may be kept overnight only if they are receiving medical treatment at the clinic/hospital. Veterinary clinics and animal hospitals shall comply with the provisions of Section 21.36.250. "Video rental store" means an establishment primarily engaged in the retail rental or lease of videotapes, films, CD-ROMs, laser discs, DVDs, electronic games, cassettes, or other electronic media. Sales of videotapes, films, CD-ROMs, laser discs, DVDs, electronic games, cassettes, or other electronic merchandise associated with VCR's, video cameras, DVD players, and electronic games are permitted accessory uses. W. DEFINITIONS, "W." "Warehouse retail stores" means retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and structures are usually large and industrial in character. Patrons may or may not be required to pay membership fees. Warehousing, Wholesaling, and Distribution Facility, Incidental. See "warehousing, wholesaling, and distribution facilities," primary; however, these facilities are only incidental to a manufacturing facility, and serve only as the warehouse for that facility. These incidental facilities do not exceed 50 percent of the total gross floor area of the manufacturing facility that it serves. Warehousing, Wholesaling, and Distribution Facilities, Primary. 1. Warehousing. Warehouse facilities provide for the storage of furniture, household goods, or other commercial goods of any nature. Also includes cold storage. Does not include: warehouse, storage, or personal or mini-storage facilities offered for rent or lease to the general public. For these see "Storage facilities." 2. Wholesaling and Distribution Facilities. Wholesaling and distribution facilities include establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to these persons or companies. Includes the following establishments: Agents, merchandise or commodity brokers, and commission merchants; b. Assemblers, buyers and associations engaged in the cooperative marketing of farm products; c. Merchant wholesalers; d. Stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. "Wildlife habitat" means any area of land or water valuable or necessary to or suitable for the preservation or enhancement of wildlife resources. Wireless Telecommunications Facilities-Non-Stealth. See wireless telecommunications facilities- stealth; however, these facilities do not meet the definition of a stealth facility, defined below. "Wireless telecommunications facilities-stealth" means a land use facility supporting antennas that sends and/or receives radio frequency signals. 1. Wireless Telecommunications Facilities. Wireless telecommunications facilities include antennas and all other types of equipment for the transmission or receipt of these signals; telecommunication towers or similar structures built to support the required equipment; equipment cabinets, Base Transceiver Stations, and other accessory development. Also referred to as a "Telecommunication facility." "Stealth facility" means any telecommunications facility which is designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade mounted antennas painted and treated as architectural 105 elements to blend with the existing structure. Also known as "Concealed telecommunications facilities." Y. DEFINITIONS, "Y." "Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Zoning Code. "Yard, front" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto to the lot. "Yard, rear" means a yard extending across the full width of the lot between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest part of the main building. "Yard, side" means a yard between the main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of a main building. Yard Sale. See "Garage/Yard Sales, Private." ~_.._. i i R+ea~ `~~rd ~ . Rear ~e[back t.3ne (Me~tSrued irarrt Haar i~rpperty Line} .... .... .. .,........~ ... t .... ., . ~ ~ ,. }` ~ ~ `. ~`~ t ~ ~ ~ i ~ ' ~ ., ~. ~- Area in V1W~lich House ~' • ~ or Other Primary ~~~ ~- ; ~. t ~ ~ Structure May, Ede Bu~l~ ~ . ~~ ~ . ~ _ ~~ ( ;~ ' i ; ~ ...Frorrt Sett~ack~Ur~ (MeRSUred tram Front Property Unel..'. ~ ~ i"rant Yard i i _.. .._., ~ ..~..... ....... Frorrt Property tine ,.~..._...... _ . t .. .» ' 8~t ~~I 106