Chapter 122 ZONING*
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*Cross references: Buildings and building regulations, ch. 14; swimming pool, spa, and hot tub code, § 14-301 et seq.; multiple-family rental dwelling unit inspection and maintenance code, § 14-391 et seq.; flood management, ch. 34; historical preservation, ch. 42; manufactured homes, mobile homes, and trailers, ch. 58; neighborhood preservation, ch. 62; planning and development, ch. 78; stormwater management and grading and erosion control, ch. 86; streets, sidewalks, and other public places, ch. 90; subdivisions, ch. 94; telecommunications, ch. 102; vegetation, ch. 114.
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Article I. In General
Sec. 122-1. Purpose.
Sec. 122-2. Effect of zoning or districting plan.
Sec. 122-3. Compliance with chapter.
Sec. 122-4. Definitions.
Sec. 122-5. Interpretation of chapter; conflicting laws, regulations or covenants.
Sec. 122-6. Enforcement.
Sec. 122-7. Penalties.
Sec. 122-8. Violations declared nuisance.
Sec. 122-9. Remedies cumulative.
Sec. 122-10. Repealer.
Secs. 122-11--122-30. Reserved.
Article II. Administration
Division 1. General
Secs. 122-31--122-50. Reserved.
Division 2. Zoning Administrator
Sec. 122-51. Office established; general authority.
Sec. 122-52. Administrative approvals.
Sec. 122-53. Zoning Administrator's permits.
Sec. 122-54. Approval of minor subdivisions.
Sec. 122-55. Appeals.
Secs. 122-56--122-70. Reserved.
Division 3. Use Permits
Sec. 122-71. General.
Sec. 122-72. Application.
Sec. 122-73. Amendments.
Sec. 122-74. Term.
Sec. 122-75. Public hearing.
Sec. 122-76. Action by Planning Commission.
Sec. 122-77. Appeal procedure.
Sec. 122-78. Effect of appeal.
Sec. 122-79. Limitation on subsequent applications after denial.
Secs. 122-80--122-100. Reserved.
Division 4. Design Review Board and Design Review Procedures
Sec. 122-101. Design review procedure adopted.
Sec. 122-102. Findings.
Sec. 122-103. Purpose.
Sec. 122-104. Design Review Board.
Sec. 122-105. Improvements subject to design review.
Sec. 122-106. Application for design review.
Sec. 122-107. Evaluation of proposed development.
Sec. 122-108. Submission of final plan.
Sec. 122-109. Appeal.
Sec. 122-110. Prohibitions; enforcement.
Sec. 122-111. Noncomplying improvements declared nuisance.
Sec. 122-112. Review of improvements to be constructed by school districts and governmental agencies.
Sec. 122-113. Effect on other ordinances.
Sec. 122-114. Severability.
Sec. 122-115. Approval of building permit plans.
Sec. 122-116. Resubmission of plans when modifications are required.
Sec. 122-117. Plan checking fee.
Secs. 122-118--122-140. Reserved.
Division 5. Development Agreements
Sec. 122-141. Purpose.
Sec. 122-142. Application forms and information.
Sec. 122-143. Fees.
Sec. 122-144. Parties to agreement.
Sec. 122-145. Application to be accompanied by proposed terms of agreement.
Sec. 122-146. Review of application.
Sec. 122-147. Contents.
Sec. 122-148. Notice of public hearing.
Sec. 122-149. Conduct of public hearing.
Sec. 122-150. Determination by Planning Commission.
Sec. 122-151. Decision by City Council.
Sec. 122-152. Amendment or cancellation by mutual consent.
Sec. 122-153. Recording of development agreement, amendment or cancellation.
Sec. 122-154. Periodic compliance review--Required; procedure.
Sec. 122-155. Same--Effect of decision.
Sec. 122-156. Modification or termination.
Sec. 122-157. Enforcement.
Secs. 122-158--122-180. Reserved.
Division 6. Appeals and Revocations
Sec. 122-181. Refiling and reconsideration of denied applications.
Sec. 122-182. Appellate authority of Planning Commission.
Sec. 122-183. Appeal from decision of Planning Commission.
Sec. 122-184. Expiration of permit or variance; grounds for revocation of permit, variance or design approval.
Sec. 122-185. Hearing on proposed revocation.
Sec. 122-186. Appeal of staff interpretation.
Sec. 122-187. Revocation of use permit for abandoned drive-in facilities.
Secs. 122-188--122-210. Reserved.
Division 7. Variances
Sec. 122-211. Authorized; procedure.
Sec. 122-212. Appeals.
Sec. 122-213. Purpose.
Sec. 122-214. Definitions.
Sec. 122-215. Requesting Reasonable Accommodation.
Sec. 122-216. Jurisdiction.
Sec. 122-217. Required Findings.
Sec. 122-218. Written Decision on the Request for Reasonable Accommodation.
Sec. 122-219. Appeals
Sec. 122-220. Rescission of Grant of Reasonable Accommodation.
Secs. 122-221--122-230. Reserved.
Division 8. Amendments
Sec. 122-231. General.
Sec. 122-232. Initiation.
Sec. 122-233. Public hearing.
Sec. 122-234. Action by Planning Commission.
Sec. 122-235. Action by City Council.
Sec. 122-236. Reapplication for reclassification of property or amendment to zoning map.
Secs. 122-237--122-280. Reserved.
Article III. Districts and District Regulations
Division 1. General
Sec. 122-281. Enumeration of districts.
Sec. 122-282. Zoning map.
Sec. 122-283. Occupancy of mobile homes, trailers and campers.
Secs. 122-284--122-300. Reserved.
Division 2. R-6, R-7, R-7.5, R-8, R-10, R-12, R-15, R-20, R-40 Single-Family Residential Districts
Sec. 122-301. Description and purpose.
Sec. 122-302. Uses permitted in all Single-Family Districts.
Sec. 122-303. Conditional uses in all Single-Family Districts, subject to obtaining permit.
Sec. 122-304. Home-based Businesses.
Sec. 122-305. Prohibited use.
Sec. 122-306. Development standards.
Sec. 122-307. Additions to existing residences.
Sec. 122-308. Exemptions from required minimum setback, lot area or lot width requirements for legal nonconforming residences and parcels.
Sec. 122-309. Two single-family dwelling units on one lot.
Sec. 122-310. Secondary living units.
Sec. 122-311. Sinclair/Alameda Neighborhood Overlay District.
Secs. 122-312--122-330. Reserved.
Division 3. Residential Density Bonus
Sec. 122-331. Density bonuses for affordable housing and childcare.
Secs. 122-332--122-360. Reserved.
Division 4. D-3 Duplex Residential District
Sec. 122-361. Description and purpose.
Sec. 122-362. Permitted uses.
Sec. 122-363. Child care facilities.
Sec. 122-364. Conditional uses, subject to obtaining use permit.
Sec. 122-365. Prohibited use.
Sec. 122-366. Building height limit.
Sec. 122-367. Building site area required.
Sec. 122-368. Percentage of lot coverage permitted.
Sec. 122-369. Yards required.
Secs. 122-370--122-390. Reserved.
Division 5. M-2.5, M-1.8, M-1 Low, Medium, and High Density Multiple Residential Districts
Sec. 122-391. Description and purpose.
Sec. 122-392. Uses.
Sec. 122-393. Prohibited use.
Sec. 122-394. Development standards.
Secs. 122-395--122-410. Reserved.
Division 6. Multifamily Residential Districts (Low to Medium Density), FAR 0.2 and FAR 0.2+ to 0.4
Sec. 122-411. Description and purpose.
Sec. 122-412. Uses.
Sec. 122-413. Prohibited use.
Sec. 122-414. Development standards.
Secs. 122-415--122-430. Reserved.
Division 7. APO Apartment and Professional Office District
Sec. 122-431. Description and purpose.
Sec. 122-432. Conditional uses, subject to obtaining a Zoning Administrator's permit.
Sec. 122-433. Conditional uses, subject to obtaining use permit.
Sec. 122-434. Child care facilities.
Sec. 122-435. Prohibited uses.
Sec. 122-436. Transitional treatment.
Sec. 122-437. Building height limit.
Sec. 122-438. Building site area required.
Sec. 122-439. Percentage of lot coverage.
Sec. 122-440. Yards required.
Sec. 122-441. Development standards.
Sec. 122-442. Concord Boulevard Overlay District.
Secs. 122-443--122-460. Reserved.
Division 8. NTS North Todos Santos District
Sec. 122-461. Description and purpose.
Sec. 122-462. Permitted uses.
Sec. 122-463. Uses permitted, subject to approval of Zoning Administrator.
Sec. 122-464. Uses permitted, subject to approval by Design Review Board and a use permit from Planning Commission.
Sec. 122-465. Prohibited use.
Sec. 122-466. Development standards.
Sec. 122-467. Design guidelines.
Sec. 122-468. Exceptions from building code requirements.
Secs. 122-469--122-490. Reserved.
Division 9. NC Neighborhood Commercial District
Sec. 122-491. Uses permitted.
Sec. 122-492. Uses that may be allowed, subject to issuance of permit by Zoning Administrator.
Sec. 122-493. Uses that may be permitted, subject to obtaining use permit.
Sec. 122-494. Child care facilities.
Sec. 122-495. Prohibited use.
Sec. 122-496. General limitations.
Sec. 122-497. Required setbacks.
Sec. 122-498. Transitional design requirements.
Sec. 122-499. Landscaping and site development standards.
Secs. 122-500--122-520. Reserved.
Division 10. SC Service Commercial District
Sec. 122-521. Description and purpose.
Sec. 122-522. Uses permitted.
Sec. 122-523. Uses permitted, subject to obtaining use permit.
Sec. 122-524. Child care facilities.
Sec. 122-525. Prohibited use.
Sec. 122-526. Required conditions.
Sec. 122-527. Building height limit.
Sec. 122-528. Building site area required.
Sec. 122-529. Yards required.
Sec. 122-530. Illumination.
Secs. 122-531--122-550. Reserved.
Division 11. SLI Special Light Industrial District
Sec. 122-551. Description and purpose.
Sec. 122-552. Uses permitted and prohibited.
Sec. 122-553. Child care facilities.
Sec. 122-554. Development standards.
Secs. 122-555--122-570. Reserved.
Division 12. DBD Downtown Business District
Sec. 122-571. Intent and purpose.
Sec. 122-572. Conformity to redevelopment plan.
Sec. 122-573. Uses permitted and approval procedures.
Sec. 122-574. Child care facilities.
Sec. 122-575. Prohibited use.
Sec. 122-576. Development standards.
Secs. 122-577--122-600. Reserved.
Division 13. LI Light Industrial District
Sec. 122-601. Purpose and intent.
Sec. 122-602. Uses permitted.
Sec. 122-603. Uses permitted, subject to securing use permit from Planning Commission.
Sec. 122-604. Child care facilities.
Sec. 122-605. Prohibited use.
Sec. 122-606. Development standards.
Secs. 122-607--122-630. Reserved.
Division 14. PI Planned Industrial District
Sec. 122-631. Purpose and intent.
Sec. 122-632. Uses permitted.
Sec. 122-633. Application for use permit.
Sec. 122-634. Administrative approvals.
Sec. 122-635. Uses permitted, subject to securing use permit.
Sec. 122-636. Child care facilities.
Sec. 122-637. Prohibited Use.
Sec. 122-638. Building height limit.
Sec. 122-639. Building site area required.
Sec. 122-640. Yards required.
Sec. 122-641. Setback and landscaping.
Sec. 122-642. Truck loading facilities.
Sec. 122-643. Manufacturing and storage areas.
Sec. 122-644. Exterior building finish.
Sec. 122-645. Illumination.
Secs. 122-646--122-660. Reserved.
Division 15. S Study District
Sec. 122-661. Purpose.
Sec. 122-662. Conformance with General Plan.
Secs. 122-663--122-680. Reserved.
Division 16. PD Planned District
Sec. 122-681. Purpose.
Sec. 122-682. Prohibited use.
Sec. 122-683. General requirements.
Sec. 122-684. Preliminary development plan.
Sec. 122-685. Subsequent permits.
Sec. 122-686. Fees.
Secs. 122-687--122-700. Reserved.
Division 17. Open Space Districts
Sec. 122-701. Permanent Open Space (POS) District.
Sec. 122-702. Child care facilities.
Sec. 122-703. Open Space Reserve District.
Secs. 122-704--122-740. Reserved.
Article IV. General Provisions and Exceptions
Sec. 122-741. Applicability.
Sec. 122-742. Restrictions for specified uses, operations, and permits.
Sec. 122-743. Height limits to maintain sight distance and solar access.
Sec. 122-744. Yards and setbacks.
Sec. 122-745. Nonconforming uses.
Sec. 122-746. Relocated uses.
Sec. 122-747. Notification of public hearings.
Sec. 122-748. Covenant of easement requirements.
Sec. 122-749. Release of covenant for easement.
Secs. 122-750--122-780. Reserved.
Article V. Planned Unit Development
Sec. 122-781. Purpose.
Sec. 122-782. Application procedure.
Sec. 122-783. Exhibits to be filed with application.
Sec. 122-784. Density transfer.
Sec. 122-785. Dedication of open space.
Sec. 122-786. Maintenance of open space.
Sec. 122-787. Variations from General Plan.
Secs. 122-788--122-810. Reserved.
Article VI. Hillside Development
Sec. 122-811. Purpose and intent.
Sec. 122-812. Applicability.
Sec. 122-813. Development standards.
Sec. 122-814. Hillside development plan.
Sec. 122-815. Design review.
Sec. 122-816. Plan requirements for property zoned Planned District.
Sec. 122-817. Erosion control plan.
Sec. 122-818. Fences.
Sec. 122-819. Amendment of approved plan.
Secs. 122-820--122-840. Reserved.
Article VII. Off-Street Parking Facilities
Sec. 122-841. General provisions.
Sec. 122-842. Definitions.
Sec. 122-843. Development and maintenance of parking areas.
Sec. 122-844. Location of required parking facilities.
Sec. 122-845. Required number of parking spaces.
Sec. 122-846. Bicycle and motorcycle parking facilities.
Sec. 122-847. Parking area and stall dimensions.
Sec. 122-848. Parking requirements in Downtown Business (DB) District.
Secs. 122-849--122-870. Reserved.
Article VIII. Fences
Sec. 122-871. Purpose.
Sec. 122-872. Height limitations.
Sec. 122-873. Barbed wire, razor wire, ultra barrier, electrified, and other hazardous fences.
Sec. 122-874. Fences in hillside areas.
Secs. 122-875--122-900. Reserved.
Article IX. Adult Entertainment Businesses
Sec. 122-901. Purpose and intent.
Sec. 122-902. Definitions.
Sec. 122-903. Location restrictions.
Sec. 122-904. Public display of sexually oriented material.
Sec. 122-905. Discontinuance of nonconforming activities.
Sec. 122-906. Use permit required.
Sec. 122-907. Contents of permit application.
Sec. 122-908. Permit application fee.
Sec. 122-909. Procedure for action on permit.
Sec. 122-910. Appeal of decision on permit.
Sec. 122-911. Judicial review of decision on permit.
Sec. 122-912. Expiration of permit.
Sec. 122-913. Grounds for denial of permit.
Sec. 122-914. Annual fee.
Sec. 122-915. Inspection of premises.
Sec. 122-916. Suspension of permit.
Sec. 122-917. Revocation of permit.
Sec. 122-918. Review of permit denial, suspension, or revocation.
Sec. 122-919. Transfer of permit.
Sec. 122-920. Prohibitions regarding minors.
Sec. 122-921. Hours of operation.
Sec. 122-922. Penalties.
Sec. 122-923. Exemptions.
Secs. 122-924--122-950. Reserved.
Article X. Environmental Quality Act of 1970 Procedures and Guidelines
Sec. 122-951. Purpose.
Sec. 122-952. Authority of Planning Commission.
Sec. 122-953. Adoption of rules and regulations.
Sec. 122-954. Monitoring and reporting program.
Sec. 122-955. Enforcement.
Sec. 122-956. Fees.
Secs. 122-957--122-980. Reserved.
Article XI. Antennas and Wireless Communications Facilities
Sec. 122-981. Purpose and intent; definitions; action on applications.
Sec. 122-982. Exceptions and special regulations.
Sec. 122-983. Review and approval.
Sec. 122-984. Appeal.
Sec. 122-985. Development requirements and standards.
Sec. 122-986. Severability.
Secs. 122-987--122-1010. Reserved.
Article XII. Signs
Sec. 122-1011. Purpose.
Sec. 122-1012. Definitions.
Sec. 122-1013. Prohibited signs and uses.
Sec. 122-1014. General regulations.
Sec. 122-1015. Permits.
Sec. 122-1016. Construction and maintenance.
Sec. 122-1017. Removal.
Sec. 122-1018. Signs in Residential (R) Districts.
Sec. 122-1019. Signs in Duplex (D), Multiple (M), and Land Use Intensity (LUI) Districts.
Sec. 122-1020. Signs in Apartment Professional Office (APO) Districts.
Sec. 122-1021. Signs in Downtown Business (DB) Districts.
Sec. 122-1022. Signs in Neighborhood Commercial (NC) Districts.
Sec. 122-1023. Signs in Service Commercial (SC) Districts.
Sec. 122-1024. Signs in Planned Industrial (PI) Districts.
Sec. 122-1025. Signs in Light Industrial (LI) and Special Light Industrial (SLI) Districts.
Sec. 122-1026. Signs in Planned (P) Districts.
Sec. 122-1027. Subdivision signs.
Sec. 122-1028. Political signs.
Sec. 122-1029. Miscellaneous signs.
Sec. 122-1030. Appeal to Planning Commission.
Sec. 122-1031. Appeal to City Council.
Sec. 122-1032. Variances.
Sec. 122-1033. Repealer.
Sec. 122-1034. Violations; penalties.
Sec. 122-1035. Severability.
Secs. 122-3036--122-1049. Reserved.
Article XIII. Inclusionary Housing
Sec. 122-1050. Purpose and Intent.
Sec. 122-1051. Definitions.
Sec. 122-1052. Requirement to Provide Inclusionary Units or Pay In-lieu Fee.
Sec. 122-1053. Required Number of Inclusionary Units.
Sec. 122-1054. In-lieu Fees.
Sec. 122-1055. Duration of Restrictions.
Sec. 122-1056. Inclusionary Housing Agreements
Sec. 122-1057. Development Incentives.
Sec. 122-1058. Compliance Monitoring Fees.
Sec. 122-1059. Off-Site Alternatives
Sec. 122-1060. Design Standards and Construction Timing.
Sec. 122-1061. Waivers or Adjustments
Sec. 122-1062. Allocation Priority.
ARTICLE I. IN GENERAL
The purpose of this chapter is to promote the growth of the city in an orderly manner, and to promote and protect the public health, safety, peace, comfort, and general welfare.
(Code 1965, § 10101; Ord. No. 241)
Sec. 122-2. Effect of zoning or districting plan.
The zoning or districting plan effectuated by this chapter establishes various districts, including all the territory within the boundaries of the city, within which the use of land and buildings, the space for buildings, open space around buildings, and the height and bulk of buildings are regulated.
(Code 1965, § 10102; Ord. No. 241; Ord. No. 454)
Sec. 122-3. Compliance with chapter.
No building or structure shall be erected, reconstructed, or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this chapter and all ordinances, laws, and maps referred to therein.
(Code 1965, § 10103; Ord. No. 241)
For the purpose of this chapter, certain terms used herein are defined.
(Code 1965, § 101210; Ord. No. 1206)
Adjacent. Directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to.
(Code 1965, § 101210; Ord. No. 1206)
Apartment. A dwelling unit located in a duplex or multiple dwelling.
(Code 1965, § 101210; Ord. No. 1206)
Apartment building or apartment house. A building used and designated as a residence for three or more families living independently, with individual cooking and toilet/bathroom facilities.
(Code 1965, § 101210; Ord. No. 1206)
Block. The frontage along one side of a street between the two nearest intersecting streets.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206)
Building. Any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal, or chattel.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206)
Building, accessory. Subordinate building, the use of which is incidental to that of the main building on the same lot.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206)
Building envelope. That portion of a lot which is circumscribed by the setback lines: that portion of a lot on which a main building may be built.
(Code 1965, § 101210; Ord. No. 1206)
Building height. Building height shall be the distance measured between the "base elevation" and the "top elevation," which shall be established as follows. Building height limits shall also be considered applicable to certain other structures, e.g., large antennas, which shall be subject to review and interpretation by the Zoning Administrator.
(Code 1965, § 101210; Ord. No. 1187; Ord. No. 1206; Ord. No. 95-3)
(1) Various height restrictions. Permissible building or structural height shall be determined by goals, objectives, policies and regulations contained in the General Plan, the Municipal Code, the Structural Height Limits Map for Buchanan Field Airport, the Structural Height Limits Map for the Mt. Diablo Medical Center Helipad and other city regulations. Maximum height shall be the lowest height allowed by the applicable regulations.
(Code 1965, § 101210; Ord. No. 1187; Ord. No. 1206; Ord. No. 95-3)
(2) Calculation. Maximum building height shall be calculated based upon the following:
(Code 1965, § 101210; Ord. No. 1187; Ord. No. 1206; Ord. No. 95-3)
a. As described in the current adopted edition of the California Building Code approved for use in the city.
(Code 1965, § 101210; Ord. No. 95-3)
b. When maximum building or structural height is determined by proximity to the airport, a helipad or related facility, height shall be measured from mean sea level to the highest part of the building or structure or the highest part of any appurtenance, whichever is higher.
(Code 1965, § 101210; Ord. No. 95-3)
c. Where the structure being measured is not governed by the California Building Code nor airport/helipad regulations, height shall be measured from the ground to the highest part of the structure or the highest part of any appurtenance, whichever is higher, or by other appropriate means as determined by the Chief of Planning.
(Code 1965, § 101210; Ord. No. 95-3)
(3) Measurement of height. Height (for buildings, appurtenances and fences) shall be measured from grade prior to construction or from approved new grade, based upon an approved grading plan. Existing grades are not to be modified so as to circumvent the provisions of this definition.
(Code 1965, § 101210; Ord. No. 95-3)
(4) Appurtenances. Appurtenances on building roofs (chimneys, weather vanes, antennas, etc.) may exceed the maximum height required by the city's zoning regulations by up to three feet but no more than three feet. Appurtenances on building roofs may be allowed to extend more than three feet above the maximum building height for particular reason only if specifically approved by the Chief of Planning or the Building Official and only as required by an applicable regulation, e.g., building code requirements for minimum chimney height.
(Code 1965, § 101210; Ord. No. 95-3)
(5) Building height for transitional setbacks. The building height used in the calculation of transitional setbacks shall be based upon eight feet for each building story, i.e., eight feet height for a one-story building, 16 feet height for a two-story building, 24 feet for a three-story building, etc.
(Code 1965, § 101210; Ord. No. 95-3)
Building, main. A building in which is conducted the principal use of the lot on which it is situated. In any R District, any dwelling shall be deemed to be a main building on a lot.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206)
Building site. A legally created lot or parcel of land, in one ownership, and occupied or to be occupied by a main building and any accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this Code.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1187; Ord. No. 1206)
Carport. An accessible and usable covered space, open on two or more sides, for the storage of automobiles.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206)
Check casher or check cashing business.
(1) A person or entity that, for compensation, engages in whole or in part in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. A "check casher" also includes a person as defined in Financial Code § 23000(d) licensed under California Deferred Deposit Transaction Law, Financial Code § 23000 et seq who offers, originates, or makes a deferred deposit transaction, who arranges a deferred deposit transaction for a deferred deposit originator, or who acts as an agent for a deferred deposit originator, or who assists a deferred deposit originator in the origination of a deferred deposit transaction. A deferred deposit transaction means a transaction whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Financial Code § 23035.
(Code 1965, § 101210; Ord. No. 95-5; Ord. No. 98-10; Ord. No. 05-2)
(2) "Check casher" or "check cashing business" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check casher" or "check cashing business" also does not include a retail seller engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cashes checks or issues money orders for a minimum flat fee, not exceeding $2.00, as a service to its customers that is incidental to its main purpose or business.
(Code 1965, § 101210; Ord. No. 95-5; Ord. No. 98-10)
Chief of Planning. Chief of Planning shall have the same meaning as Planning Manager.
(Ord. No. 02-5, § 5)
Child care facilities.
(1) Child care center. A facility other than a large or small family day care home which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. "Child care center" does not include family day care homes and typically serves 13 or more children.
(Code 1965, § 101210; Ord. No. 98-8)
(2) Family day care home. A home which regularly provides care, protection, and supervision for up to 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away who are not providers, and includes the following:
(Code 1965, § 101210; Ord. No. 98-8)
a. Large family day care home. A home which provides family day care to seven to 14 children, inclusive, including children who reside at the home, as defined in regulations issued by the state;
(Code 1965, § 101210; Ord. No. 98-8)
b. Small family day care home. A home which provides family day care for up to eight children, including children who reside at the home, as defined in regulations issued by the state.
(Code 1965, § 101210; Ord. No. 98-8)
District (zoning district). A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this chapter.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Drive-through, drive-in, or drive-up. Any business or use in which a service, product, or merchandise is provided to a person(s) who remains in or on a vehicle.
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Duplex. A building on one lot or parcel containing not more than two kitchens, designed and/or used to house not more than two families living independently of each other, including all necessary employees of each such family. The two living units must be separated by a common wall only.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Dwelling, multiple. A building, or portion thereof, used and designed as a residence for three or more families living independently of each other and doing their own cooking separately in individual kitchens in said building.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Dwelling, single-family. A building, or portion thereof, used and designed as a residence for one family.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Dwellings, groups. A group of two or more single-family dwellings, duplexes, or multiple dwellings occupying a parcel of land in one ownership and having any yard or court in common, but not including motels or hotels.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Family and related definitions. For the purpose of this chapter, a "family" is defined as follows:
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
(1) Any person, or two or more persons, occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, a rooming or boarding house, or club.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5)
(2) Not more than six unrelated minors placed in a foster home or family care home licensed by the state or the county, living together as a single housekeeping unit, together with family care personnel limited to two adults.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5)
(3) A "family," as defined herein, shall be deemed to include domestic employees and temporary nonpaying guests.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 828; Ord. No. 1206; Ord. No. 95-5)
(4) For the purpose of subsections (1), (2) and (3) above, the following words and phrases shall have the meanings ascribed to them as follows:
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 95-5)
a. Foster home. A home which has been duly licensed by the state for the placement of dependent children therein.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5)
b. Family care home. A home which has been duly licensed, certified, or otherwise authorized by the state or the county for the placement of minors for permanent or temporary care therein.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5)
c. Domestic employees. Employees who live on the premises and engage in domestic tasks in the household.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5)
d. Temporary nonpaying guests. Guests who are visiting members of the household on a purely temporary basis, and who pay no consideration, and who will not be taking up permanent residence therein.
(Code 1965, § 101210; Ord. No. 780; Ord. No. 1206; Ord. No. 95-5)
Floor area (FA). The total floor area in a building (including basements, mezzanines, interior balconies, and upper stories or levels in a multistory building) unless otherwise stipulated; e.g., "ground" floor area.
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Floor area ratio (FAR). The ratio of floor area to land area (FAR = FA divided by LA).
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Garage. A building or portion of a building, not including carports as defined herein, that provides accessible and usable covered parking spaces for automobiles.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 95-5; Ord. No. 98-8)
Gross roof area. The projected roof area of a building or structure. The gross roof area shall be calculated by projecting the eave lines of a roof to the ground in plan view.
(Code 1965, § 101210; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Hotel/motel. Any building, or portion thereof, containing four or more guestrooms used, designed, intended to be used, let or hired out to be occupied, or which are occupied by four or more individuals for compensation, whether the compensation for hire be paid directly or indirectly.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Junkyard. The use of more than 100 square feet of the area of any lot or the use of any portion of that half of any lot, which half adjoins any street, for the storage of junk, including scrap metal or other scrap materials, or inoperable machinery, whether for sale or storage.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Land area (LA). For use in establishing density or intensity, "land area" shall be defined for the given types of uses as follows:
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8; Ord. No. 06-14)
(1) Nonresidential projects and all residential projects: Land area shall be the net area of the site excluding all rights of way for public streets or other areas which will not remain under the same title of ownership as the site itself.
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 06-14)
Nonconforming uses. A use that does not conform to the regulations for the district in which it is situated.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Nonconforming use, legal. A use which was legally in existence at a given location and which became a nonconforming use due to some action of the city related to the use or the location. Due to its prior status as a legal use, a legal nonconforming use may continue as provided in section 122-745 of this Code or so long as an amortization period has not expired.
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Parking space or parking stall. A space located off the street, with access for the parking of automobiles; see article VII of this chapter (parking requirements), for precise requirements, provisions, and standards.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Personal service uses. Personal service uses are uses of recurrently needed services of a personal nature such as barber and beauty shops, seamstresses, tailor, dry cleaning agents, shoe repair shops, self-service laundry, video rental stores, photocopying and photofinishing services and travel agencies.
(Ord. No. 06-14)
Professional.
(1) Any person engaged in work: (1) predominantly intellectual and varied in character, as opposed to routine mental, manual, mechanical, or physical work; (2) involving the consistent exercise of discretion and judgment in its performances: (3) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (4) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning, or a hospital, as distinguished from a general academic education, or from an apprenticeship, or from training in the performance of routine mental, manual, or physical processes; or
(Code 1965, § 101210; Ord. No. 454; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
(2) Any person who has completed the courses of specialized intellectual instruction and study described in subsection (1) above, or is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in subsection (1) above.
(Code 1965, § 101210; Ord. No. 454; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
Restaurant. For general usage in this Code, a place of business which prepares and/or serves food to customers for their consumption either on or off the building site. For specific usage in determining the method of approval of such uses in certain zoning districts, the following words and phrases shall have the meanings ascribed to them as follows:
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
(1) Cafeteria. A business in which many varieties of ready-to-eat food are displayed in such a manner that customers go through a serving line to select from the various items displayed, the food so served is consumed on the premises, and the customer is seated while eating either inside or outside a building. A cafeteria may include incidental open air service.
(Code 1965, § 101210; Ord. No. 896; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
(2) Coffee shop. A business which provides coffee, other beverages, snacks, and sandwiches to customers, primarily for their consumption in the place of business.
(Code 1965, § 101210; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
(3) Drive-in restaurant, including drive-up or drive-through facilities. A business where customers are served ready-to-eat food by an employee of the business while the customer remains in an automobile; this includes what came to be known to the public as drive-up operations, restaurants, and windows.
(Code 1965, § 101210; Ord. No. 896; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
(4) Restaurant. A business, the function of which is to prepare and cook food to be served to customers while seated at a counter, booth, or table either inside or outside a building: however, for purposes of determining permits for uses, this shall include coffee shops and cafeterias, unless otherwise specified.
(Code 1965, § 101210; Ord. No. 896; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
(5) Self-service restaurant. A business dealing in sandwiches or other types of ready-to-eat food and soft drinks, or food made from dairy products, or any combination thereof, where the customer normally places and receives his order at a window or counter either inside or outside a building and carries the food to the place where it is to be consumed.
(Code 1965, § 101210; Ord. No. 896; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
(6) Takeout restaurant. A business specializing in selling ready-to-eat food, other than candy and ice cream, where it is intended that the food purchased be consumed off the premises.
(Code 1965, § 101210; Ord. No. 896; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5)
Rooming or boarding house (bed and breakfast). A dwelling other than a hotel where lodging and/or meals for a person or persons are provided for compensation.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Setback. The area between a property line and a building or structure which must be kept clear or open; distance shall be measured from the property line to the nearest portion of a building or structure, excluding the allowable roof overhang.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
(Code 1965, § 101210; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Use. The purpose for which land or premises of a building thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Use, accessory. A use incidental and necessary to the principal use of a lot or a building located on the same lot.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 95-5; Ord. No. 98-8)
Yard, front. The yard or open space along the street toward which the building is primarily oriented is considered the front yard.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 92-14; Ord. No. 95-5; Ord. No. 98-8)
Yard, exterior side. The yard or open space of a parcel along a street which abuts the street and is not the front or rear yard shall be considered the exterior side yard.
(Code 1965, § 101210; Ord. No. 241; Ord. No. 1206; Ord. No. 91-10; Ord. No. 92-14; Ord. No. 95-5; Ord. No. 98-8)
Yard, interior side. The yard or open space between any section of the side wall of the building and the abutting parcel shall be considered the interior side yard.
(Code 1965, § 101210; Ord. No. 92-14; Ord. No. 95-5; Ord. No. 98-8)
Yard, rear. The yard or open space between any section of the rear wall of a building and the back property line.
(Code 1965, § 101210; Ord. No. 92-14; Ord. No. 95-5; Ord. No. 98-8)
Cross references: Definitions generally, § 1-10.
Sec. 122-5. Interpretation of chapter; conflicting laws, regulations or covenants.
When interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except as specifically herein provided, it is not intended by the adoption of this chapter to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance, or any rules, regulations, or permits previously adopted or issued, or which shall be adopted or issued, pursuant to law, relating to the erection, construction, establishment, moving, alteration, or enlargement of any building or improvement; nor is it intended by this chapter to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided, however, that in cases in which this chapter imposes a greater restriction upon the erection, construction, establishment, moving, alteration, or enlargement of buildings or the use of any such building or premises in said several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations, or permits, or by such easements, covenants, or agreements, then in such case the provisions of this chapter shall control.
(Code 1965, § 101011; Ord. No. 241; Ord. No. 94-5)
All departments, officials, and public employees of the city, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this chapter; and any such permit or license issued in conflict with the provisions of this chapter shall be null and void. It shall be the duty of the Building Official of the city to enforce the provisions of chapter 14 pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.
(Code 1965, § 101021; Ord. No. 241; Ord. No. 94-5)
Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor punishable pursuant to section 1-23 of this Code. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued by such person, firm, or corporation, and shall be punishable as herein provided.
(Code 1965, § 101022; Ord. No. 241; Ord. No. 94-5)
Sec. 122-8. Violations declared nuisance.
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter, and any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this chapter, shall be and the same is hereby declared to be unlawful and a public nuisance. It shall be the duty of the Building Official or his designee to investigate all violations and suspected violations and to make a written report thereon. Said report shall contain the name of the parties to the violation, the nature of the violation and its location, and the number of the section of this chapter which has been violated; it shall also contain a space to record such action as the City Council may take. The City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this chapter.
(Code 1965, § 101023; Ord. No. 241; Ord. No. 454; Ord. No. 94-5)
Sec. 122-9. Remedies cumulative.
The remedies provided for herein shall be cumulative and not exclusive.
(Code 1965, § 101024; Ord. No. 241)
Ordinance Nos. 99, 144, 159, 173, and 201 are hereby repealed and all other ordinances and parts of ordinances of said city in conflict with this chapter to the extent of such conflict, and no further, are hereby repealed provided that nothing herein contained shall be deemed to repeal or amend any ordinance of said city requiring a permit or license or both to cover any business, trade or occupation.
(Code 1965, § 101031; Ord. No. 241)
Secs. 122-11--122-30. Reserved.
ARTICLE II. ADMINISTRATION*
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*Cross references: Administration, ch. 2.
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DIVISION 1. GENERAL
Secs. 122-31--122-50. Reserved.
DIVISION 2. ZONING ADMINISTRATOR*
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*Cross references: Officers and employees, § 2-81 et seq.
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Sec. 122-51. Office established; general authority.
(a) The position of Zoning Administrator is hereby established for the city. The Zoning Administrator shall hear and decide applications for Zoning Administrator's permits, minor subdivisions, and administrative approvals according to the procedures set forth in this division, and shall perform other such duties as may be prescribed by laws, resolutions, and motions of the city. The Zoning Administrator shall also hear and decide applications for variances, except variances for those projects which are required to be heard and approved by the Planning Commission.
(Code 1965, § 10870; Ord. No. 894; Ord. No. 85-35; Ord. No. 89-14)
(b) The Zoning Administrator shall adopt rules and regulations for the transaction of the business of meetings and conduct of meetings.
(Code 1965, § 10870; Ord. No. 894; Ord. No. 85-35; Ord. No. 89-14)
Sec. 122-52. Administrative approvals.
(a) Administrative actions regarding certain uses or occupancies. The Zoning Administrator or his designee may administratively approve or deny a use or occupancy where authority to do so is provided for in this Code, by Planning Commission conditions of approval or by Design Review Board conditions of approval.
(Code 1965, § 10870.1; Ord. No. 92-24)
(b) Zoning Administrator's permit may be required. If it appears to the Zoning Administrator or his designee from the face of the application that the proposed use or occupancy could potentially cause adverse impacts to adjacent property owners and residents, including, but not limited to, increased traffic, noise, dust, fumes, or changes in hours of operation, the Zoning Administrator or his designee shall require the project sponsor to apply for a Zoning Administrator's permit as provided in section 122-53.
(Code 1965, § 10870.1; Ord. No. 92-24)
Sec. 122-53. Zoning Administrator's permits.
The Zoning Administrator may issue permits (conditional, revocable, or valid for a specific period of time) for any of the uses or purposes for which such permits are required or permitted by the terms of this Code.
(Code 1965, § 10871; Ord. No. 894; Ord. No. 85-35; Ord. No. 92-5)
(1) Application. Application for a Zoning Administrator's permit shall be made in writing, on a form prescribed by the Chief of Planning, and shall be accompanied by such information or plans as may be required by the Chief of Planning in order to permit a complete evaluation of the proposal. Such application shall be accompanied by a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10871; Ord. No. 894; Ord. No. 85-35; Ord. No. 89-14; Ord. No. 92-5)
(2) Amendments. Application may be made for an amendment to an existing Zoning Administrator's permit. The application shall be made in writing, on a form prescribed by the Chief of Planning. The application shall include a complete description of the proposed amendment and shall be accompanied by such information or plans as may be required by the Chief of Planning in order to permit a complete evaluation of the proposal. If the use of a building or property approved under a Zoning Administrator's permit is changed without prior approval of a Zoning Administrator's permit, the city may initiate a revocation hearing by the Zoning Administrator. Application for an amended Zoning Administrator's permit shall be accompanied by a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10871; Ord. No. 894; Ord. No. 85-35; Ord. No. 89-14; Ord. No. 92-5)
(3) Public hearing. A public hearing shall be held before the Zoning Administrator within 30 days after filing of a complete application, notice of which shall be given as required by section 122-747(b) of this Code, except as provided in section 122-742(j) of this Code, relating to large family day care homes.
(Code 1965, § 10871; Ord. No. 894; Ord. No. 85-35; Ord. No. 92-5)
(4) Action.
a. After the conclusion of the public hearing, the Zoning Administrator shall either grant, deny, continue, or refer the application to the Planning Commission. In order to grant a permit or permit amendment, the Zoning Administrator shall make findings that the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
(Code 1965, § 10871; Ord. No. 894; Ord. No. 85-35; Ord. No. 92-5)
b. The Zoning Administrator may impose such conditions in connection with the permit or permit amendment as deemed necessary to secure the purposes of this chapter and may require such guarantees and evidence that such conditions are being or will be met. The Zoning Administrator may also require, as a condition of approval, that the applicant obtain administrative approval for certain uses proposed.
(Code 1965, § 10871; Ord. No. 894; Ord. No. 85-35; Ord. No. 92-5)
(5) Term. Any use authorized by a Zoning Administrator's permit must be commenced within one year of the date of issuance of the permit, unless otherwise specified by the approving body. If any use for which a permit has been issued is not established or conducted within one year of approval of the Zoning Administrator's permit or other time period specified by the Zoning Administrator, the permit shall be deemed null and void, unless an extension has been granted in accordance with section 122-184. If the use of a building or property approved under a Zoning Administrator's permit ceases for a period of six months or more, the permit shall be considered abandoned and void.
(Code 1965, § 10871; Ord. No. 92-5)
Sec. 122-54. Approval of minor subdivisions.
(a) Authority. The Zoning Administrator may approve a subdivision of four or fewer lots, after appropriate notification to surrounding property owners and interested parties, if the subdivision complies with the provisions of both the city's Zoning and Subdivision Ordinances.
(Code 1965, § 10872; Ord. No. 1131; Ord. No. 1170; Ord. No. 85-35; Ord. No. 89-14)
(b) Action.
(1) If it is found that all requirements of the Subdivision Ordinance are met, the Zoning Administrator shall approve the minor subdivision subject to appropriate conditions to assure compliance with city land development requirements.
(Code 1965, § 10872; Ord. No. 89-14)
(2) The Zoning Administrator may refer a minor subdivision to the Planning Commission for its review, final approval, or other action.
(Code 1965, § 10872; Ord. No. 89-14)
(3) If it is found that the proposed minor subdivision does not meet all appropriate Subdivision Ordinance requirements, the Zoning Administrator shall deny the application.
(Code 1965, § 10872; Ord. No. 89-14)
(a) Appeal of action by Zoning Administrator. Any person aggrieved or dissatisfied with the action taken by the Zoning Administrator may appeal such action to the Planning Commission. Such appeal shall be in writing, on a form prescribed by the Chief of Planning, and shall be filed with the Planning Department within ten calendar days of the action. The appeal shall be accompanied by a fee in the amount specified in the Resolution Establishing Fees and Charges for Various Municipal Services. Notice of hearing on the appeal shall be given as required by section 122-747(b) of this Code.
(Code 1965, § 10873; Ord. No. 894; Ord. No. 85-4; Ord. No. 85-35; Ord. No. 92-5)
(b) Appeal of action by Planning Commission. Any person aggrieved or dissatisfied with the action taken by the Planning Commission may appeal such action to the City Council pursuant to section 2-52 of this Code.
(Code 1965, § 10873; Ord. No. 894; Ord. No. 85-4; Ord. No. 85-35)
Secs. 122-56--122-70. Reserved.
DIVISION 3. USE PERMITS
Use permits, revocable, conditional, or valid for a term period, may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this chapter.
(Code 1965, § 10831; Ord. No. 241; Ord. No. 1131)
Application for use permit shall be made to the Planning Commission, in writing, in a form prescribed by the Commission, and shall be accompanied by plans and elevations necessary to show the detail of the proposed use of building. Such application shall be accompanied by a fee calculated according to the schedule as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10832; Ord. No. 241; Ord. No. 642; Ord. No. 965; Ord. No. 1131; Ord. No. 1170)
Application may be made for an amendment to an existing use permit. The application shall be made to the Planning Commission, in writing, and in a form prescribed by the Chief of Planning. The application shall include a complete description of the proposed amendment to the existing use permit and shall be accompanied by plans and elevations, if necessary to show the detail of the proposed amendment. If the use of a building or property approved under a use permit is changed without prior approval of a use permit amendment by the Planning Commission, the city may initiate a use permit revocation hearing by the Planning Commission. Application for an amended use permit shall be accompanied by a fee in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10832.1; Ord. No. 1131; Ord. No. 1170; Ord. No. 92-5)
Any use authorized by a use permit must be commenced within one year of the date of issuance of the permit, unless otherwise specified by the approving body. If any use for which a permit has been issued is not established or conducted within one year of approval of the use permit or other time period specified by the approving body, the permit shall be deemed null and void, unless an extension has been granted in accordance with section 122-184. If the use of a building or property approved under a use permit ceases for a period of six months or more, the use permit shall be considered abandoned and void.
(Code 1965, § 10832.2; Ord. No. 92-5)
The Planning Commission shall hold a public hearing on applications for use permits and use permit amendments. Notice of the hearings shall be given pursuant to section 122-747(b) of this Code.
(Code 1965, § 10833; Ord. No. 241; Ord. No. 1131; Ord. No. 85-4)
Sec. 122-76. Action by Planning Commission.
(a) In order to grant any use permit or use permit amendment, the Planning Commission shall find that the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
(Code 1965, § 10834; Ord. No. 241; Ord. No. 1131; Ord. No. 85-36)
(b) The Planning Commission may designate such conditions, in connection with the use permit or a use permit amendment, as it deems necessary to secure the purposes of this chapter, and may require such guarantees and evidence that such conditions are being or will be complied with.
(Code 1965, § 10834; Ord. No. 241; Ord. No. 1131)
(c) The Planning Commission may require, as a condition to procuring a use permit, that the applicant obtain administrative approval for certain uses proposed. The fee for applying for such an administrative approval shall be the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10834; Ord. No. 1131; Ord. No. 1170)
Sec. 122-77. Appeal procedure.
If the applicant or others affected are not satisfied with the action taken on a use permit or a use permit amendment by the Planning Commission, such applicant or those affected may appeal to the City Council in accordance with section 2-52 of this Code. The Planning Commission shall submit a report to the City Council setting forth the reasons for action taken by the Commission, or shall be represented at the hearing.
(Code 1965, § 10835; Ord. No. 241; Ord. No. 845; Ord. No. 1131)
Sec. 122-78. Effect of appeal.
No building permit shall be issued in any case where a use permit or a use permit amendment is required by the terms of this division until the time for appeal after the granting of such use permit or amendment by the Planning Commission has expired or, in the event of appeal, after action by the City Council that approved the use permit or use permit amendment, and then only in accordance with the terms and conditions of the approved use permit or use permit amendment.
(Code 1965, § 10836; Ord. No. 241; Ord. No. 687; Ord. No. 833; Ord. No. 1131)
Sec. 122-79. Limitation on subsequent applications after denial.
Following the denial of a second application for a use permit or Zoning Administrator's permit made within three years of the first application, a project sponsor shall not make application for a same or similar use at the same location for a period of three years.
(Code 1965, § 10837; Ord. No. 92-24)
Secs. 122-80--122-100. Reserved.
DIVISION 4. DESIGN REVIEW BOARD AND DESIGN REVIEW PROCEDURES*
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*Cross references: Boards, commissions and committees, § 2-271 et seq.
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Sec. 122-101. Design review procedure adopted.
There is hereby adopted a procedure for the review of the design for all buildings, structures, and improvements requiring a building permit in the city, except as provided in section 122-105(a).
(Code 1965, § 10890; Ord. No. 926; Ord. No. 1171)
The City Council hereby finds that poor or inappropriate exterior design of improvements to real property adversely affects the health, safety, and welfare of the residents of the city by having one or more of the following effects:
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(1) The desirability of other properties within the vicinity for the uses for which they are zoned is adversely affected;
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(2) The benefits of occupancy of other property in the vicinity are impaired;
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(3) Property values within the vicinity do not retain their stability;
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(4) The most appropriate development of other properties within the vicinity is impaired;
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(5) The maintenance or improvement, or both, of surrounding properties is discouraged with the result that these properties degenerate and there is an accompanying deterioration of conditions which affect the health, safety, comfort, and general welfare of the inhabitants of the area and the inhabitants of the city at large;
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(6) The proper relationship between the taxable value of real property in the vicinity and the cost of municipal services to these properties is destroyed;
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
(7) The unsightliness which exists causes a decrease in the value of surrounding properties.
(Code 1965, § 10891; Ord. No. 926; Ord. No. 1171)
The purpose of this division is to recognize the interdependence of land values and aesthetics and to provide a method by which the following goals can be achieved:
(Code 1965, § 10892; Ord. No. 926; Ord. No. 1171)
(1) Promotion of sound land use development;
(Code 1965, § 10892; Ord. No. 926; Ord. No. 1171)
(2) Assist in establishing high standards for the development of buildings, landscaping, and other improvements in the city.
(Code 1965, § 10892; Ord. No. 926; Ord. No. 1171; Ord. No. 85-55)
Sec. 122-104. Design Review Board.
There is hereby created a Design Review Board, hereinafter referred to as "Board." The Board's purpose, membership, and rules are established in Chapter II, Article V of this code.
(Code 1965, § 10893; Ord. No. 926; Ord. No. 1171; Ord. No. 87-38; Ord. No. 92-19; Ord. No. 10-2)
Sec. 122-105. Improvements subject to design review.
(a) The Board shall review the design of each improvement for which a building permit, certificate, or other approval is required and any matter referred to the Board by the Planning Commission, Zoning Administrator, or Chief of Planning, except:
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(1) Detached single-family residences, appurtenances, accessory improvements, and additions or repairs to them, unless:
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171; Ord. No. 90-22)
a. The Planning Commission or Zoning Administrator requires Design Review Board approval as a condition of approval of a parcel map or tentative subdivision map pursuant to section 122-816 of this Code; or
(Code 1965, § 10894; Ord. No. 90-22; Ord. No. 93-7)
b. The Planning Commission or Zoning Administrator, in approving a parcel map, tentative map, use permit, Zoning Administrator's permit or variance, finds that review and approval by the Design Review Board is necessary to assure that the new development is sensitive to, and compatible with, existing neighborhoods; or
(Code 1965, § 10894; Ord. No. 90-22; Ord. No. 93-7)
c. Design Review Board approval is required pursuant to the Hillside Development Ordinance or is a condition of approval of a hillside development plan.
(Code 1965, § 10894; Ord. No. 93-7)
(2) Additions or repairs to any existing improvement if the exterior thereof is not to be altered.
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171)
(3) Additions or repairs to an existing building or other improvement if the total value of additions and repairs to such improvements does not exceed $10,000.00 in any 12-month period and if the Chief of Planning finds that the design is complementary to the existing building and will not be deleterious to development in the general area.
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(4) Improvement(s) in any 12-month period having a total value of more than $10,000.00 but less than $200,000.00 if the Chief of Planning finds the project is of low public visibility and/or low potential for adverse visual impact.
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(5) Signs or other graphics may be reviewed by a subcommittee of the Board if such subcommittee is authorized by the Design Review Board.
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(6) Projects for which the Design Review Board has delegated specific review authority to the staff of the Planning Division.
(Code 1965, § 10894; Ord. No. 93-7)
(7) Any improvement which the Chief of Planning finds is of such a size, location, and/or design that it will be a positive influence on, and/or will be complementary to, development in the general area and finds that the purpose and intent of this division will not be nullified by waiving a formal Design Review Board hearing.
(Code 1965, § 10894; Ord. No. 93-7)
(b) The term "improvement," as used in this division, shall be liberally interpreted and shall include the construction, alteration, and repair of all buildings, structures, and facilities permanently affixed to real property and appurtenances thereto. No improvement subject to design review shall hereafter be constructed, located, repaired, altered, or thereafter maintained, except in accordance with a design approved as provided in this division.
(Code 1965, § 10894; Ord. No. 926; Ord. No. 1171)
Sec. 122-106. Application for design review.
(a) An application for design review shall be made to the Planning Division, in writing, on a form as may be prescribed by the Chief of Planning. The application shall be accompanied by a filing fee according to the schedule set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. The application shall also include all information necessary for compliance with city and state requirements for environmental review (unless an environmental action for the project has already been taken) and plans, information, and displays as may be required by the Chief of Planning necessary to fully evaluate the proposed development.
(Code 1965, § 10895; Ord. No. 926; Ord. No. 1131; Ord. No. 1170; Ord. No. 1171; Ord. No. 85-55; Ord. No. 93-7)
(b) All applications for design review shall be reviewed by the Planning Division prior to being scheduled for review by the Design Review Board. Any application which is found not to be complete or is found to be in conflict with this Code, including the purposes of this division, as stated in section 122-103, or any permits or variances granted in connection with the development shall not be scheduled for review by the Board until all necessary information or plans have been provided and any such conflicts have been resolved. Staff shall notify the applicant, in writing, of any deficiency or conflict within 30 calendar days of filing of an application.
(Code 1965, § 10895; Ord. No. 85-55; Ord. No. 93-7)
Sec. 122-107. Evaluation of proposed development.
The Design Review Board shall examine the material submitted with the application by considering the following aspects for conformance with the purpose of this chapter:
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
(1) General site utilization considerations;
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
(2) General architectural considerations:
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
a. Height, bulk, and area of buildings;
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
b. Colors and types of buildings and installations;
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
c. Physical and architectural relation with existing and proposed structures in the area and to the site's location within the city;
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
d. Site layout, orientation and location of buildings, and relationship with open areas and topography;
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
e. Height, materials, colors, and variations in boundary walls, fences, or screen planting;
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
f. Location and type of landscaping, including but not limited to setback areas and the project's off-street parking areas; and
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
g. Appropriateness of sign design and exterior lighting.
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
(3) General landscape considerations.
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
(4) Graphics.
(Code 1965, § 10896; Ord. No. 926; Ord. No. 1171)
(5) City of Concord Community Design Guidelines.
(Code 1965, § 10896; Ord. No. 93-7)
Sec. 122-108. Submission of final plan.
When the Board has approved the information required by section 122-106, the applicant may submit working drawings to the city with an application for a building permit. These drawings shall be referred to the Planning Division to assure their conformance to the plans approved by the Board and any conditions which were a part of that approval.
(Code 1965, § 10897; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
(a) An applicant may appeal any determination that an application is not complete or is in conflict with this Code, including the purposes of this division as stated in section 122-103, or any permits or variances granted in connection with the development. Such appeal shall be made to the Design Review Board by filing a written appeal, on a form prescribed by the Chief of Planning, with the Planning Division within ten calendar days of notification of a deficiency or conflict. The appeal form shall be accompanied by the fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. Notice of hearing by the Board on any such appeal shall be given pursuant to section 122-747(a) of this Code. Action on the appeal by the Board may be appealed to the Planning Commission pursuant to section 2-53 of this Code.
(Code 1965, § 10898; Ord. No. 926; Ord. No. 1171; Ord. No. 85-55; Ord. No. 93-7)
(b) Any interested party may appeal a decision of the Design Review Board to the Planning Commission pursuant to section 2-52 of this Code.
(Code 1965, § 10898; Ord. No. 85-55; Ord. No. 93-7)
Sec. 122-110. Prohibitions; enforcement.
No building permit, license, certificate, or other approval or entitlement shall be issued or given by the city or any department or employee thereof with respect to any improvement subject to design review until the design of the improvement has been approved as provided in this division. No certificate of use and occupancy or similar approval shall be issued or given for any improvement subject to design review hereunder, unless and until the representative of the Planning Division has certified that the improvement has been completed in accordance with the design approved pursuant to this division.
(Code 1965, § 10899; Ord. No. 926; Ord. No. 1171; Ord. No. 93-7)
Sec. 122-111. Noncomplying improvements declared nuisance.
Any improvement constructed, located, repaired, altered, or maintained contrary to the provisions hereof is hereby declared to be unlawful and a public nuisance.
(Code 1965, § 10899.1; Ord. No. 926; Ord. No. 1171)
Sec. 122-112. Review of improvements to be constructed by school districts and governmental agencies.
The Board shall review the design of all improvements to be constructed to the extent permitted by law, or by the agencies involved, by school districts, and other governmental agencies or districts. Such review shall be conducted with reference to the criteria and factors set forth in section 122-107 hereof; and following such review, the Committee [Board] shall submit a written report of its recommendations and comments to the body proposing to construct the improvement.
(Code 1965, § 10899.2; Ord. No. 926; Ord. No. 1171)
Sec. 122-113. Effect on other ordinances.
Nothing in this division shall be construed to exempt any applicant from compliance with any requirement of any other ordinance of this city or amend any such other ordinance.
(Code 1965, § 10899.3; Ord. No. 926; Ord. No. 1171)
If a section, subsection, sentence, clause, phrase, or portion of this division is invalid, the invalidity does not affect the validity of the remaining portion of it, [and this division] continues in effect irrespective of the fact that a section, subsection, sentence, clause, phrase, or portion is declared invalid.
(Code 1965, § 10899.4; Ord. No. 926; Ord. No. 1171)
Sec. 122-115. Approval of building permit plans.
Whenever any building or structure within the city is erected, constructed, altered, improved, repaired, or demolished pursuant to a permit issued by the Building Division of the Public Works Department and the work called for either creates a new structure or building, or alters or expands the exterior configuration of an existing structure, the plans and specifications required for said building permit must be approved as to Design Review Board conditions, as well as to planning and zoning requirements by the Planning Division. If any permit is issued based on plans or other submittals by the applicant or his representative which are contrary to the Design Review Board's approval, the applicant shall be responsible for correcting any work done under such permit in order to bring it into conformance with said Board's approval.
(Code 1965, § 10899.5; Ord. No. 1131; Ord. No. 1171; Ord. No. 93-7)
Sec. 122-116. Resubmission of plans when modifications are required.
Whenever any proposed use or property has been approved and the approving agency has imposed conditions which must be reflected by a modification in plans and specifications, said plans and specifications must be resubmitted to the Planning Division for approval.
(Code 1965, § 10899.6; Ord. No. 1131; Ord. No. 1171; Ord. No. 93-7)
Sec. 122-117. Plan checking fee.
Whenever any plans are checked by the Planning Division pursuant to sections 122-115 and 122-116 above, a filing fee shall be charged according to the schedule as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10899.7; Ord. No. 1131; Ord. No. 1170; Ord. No. 1171; Ord. No. 93-7)
Secs. 122-118--122-140. Reserved.
DIVISION 5. DEVELOPMENT AGREEMENTS
Government Code tit. 7, div. 1, ch. 4, art. 2.5 (Government Code § 65864 et seq.) authorizes the city to establish procedures and requirements for the consideration of development agreements upon application by or on behalf of the property owner or other person having a legal or equitable interest in the subject property. It is the intent of the City Council that development agreements are not appropriate for routine or ordinary development applications but may be desirable for large multiphase developments where a developer is called upon to make substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services. This division is adopted to supplement existing provisions of this Code and may be cited as the Development Agreement Ordinance. For purposes of this division, the term "Director" shall mean the Director of Economic and Community & Economic Development.
(Code 1965, § 10910; Ord. No. 92-3)
Sec. 122-142. Application forms and information.
The Director shall prescribe the form of each application, notice, and document provided for or required pursuant to this division for the preparation and implementation of development agreements. The Director may require an applicant to submit such information and supporting data as he considers necessary to process the application.
(Code 1965, § 10911; Ord. No. 92-3)
The fees required for filing and processing of each application and document provided for or required pursuant to this division shall be set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10912; Ord. No. 92-3)
Sec. 122-144. Parties to agreement.
(a) Applicant. Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. "Applicant" includes an authorized agent. The Director may require an applicant to submit proof of his interest in the real property and of the authority of an agent to act for the applicant.
(Code 1965, § 10913; Ord. No. 92-3)
(b) Other parties. In addition to the city and the property owner, any federal, state, or local governmental agency or body and any other private party may be included as a party to any development agreement.
(Code 1965, § 10913; Ord. No. 92-3)
(c) Property subject to annexation. A qualified applicant whose property is located within the city's sphere of influence, or whose property is the subject of a pending application for inclusion into the sphere of influence, may file an application to enter into a development agreement. However, the agreement shall not become operative unless annexation proceedings annexing property to the city are completed within the period of time specified by the agreement. If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement shall be null and void.
(Code 1965, § 10913; Ord. No. 92-3)
Sec. 122-145. Application to be accompanied by proposed terms of agreement.
Each application for a development agreement shall be accompanied by the general terms and conditions of the agreement proposed by the applicant and shall include the matters set forth in section 122-147 of this division.
(Code 1965, § 10914; Ord. No. 92-3)
Sec. 122-146. Review of application.
The Director shall endorse on the development agreement application the date it is received. The Director shall review the development agreement application and may reject it if it does not meet the requirements of this division. The Director shall review the development agreement application and determine any additional requirements necessary to complete the development agreement application and so notify the applicant in writing. If the Director finds that the development agreement application is complete, it shall be accepted for filing. After all required information is received, a staff report and recommendation shall be prepared and shall state whether or not the agreement as proposed, or in an amended form, would be consistent with the General Plan and any applicable specific plan.
(Code 1965, § 10915; Ord. No. 92-3)
(a) A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and the provisions for reservation or dedication of land for public purposes. The development agreement may include additional conditions, terms or restrictions, and any requirement for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of the development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project, or any phase thereof, be completed within a specified time. The agreement shall not prevent the city from requiring the project to comply with standard conditions and requirements, or Uniform Code standards for construction.
(Code 1965, § 10916; Ord. No. 92-3)
(b) The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.
(Code 1965, § 10916; Ord. No. 92-3)
(c) In no event shall a development agreement prevent the city, in any subsequent action applicable to the property, from applying new fees, rules, regulations, and policies which do not conflict with those rules, regulations, and policies as set forth in the development agreement, so long as the new rules, regulations, or policies do not prohibit development of the property in accordance with the density and intensity specified in the development agreement, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies.
(Code 1965, § 10916; Ord. No. 92-3)
Sec. 122-148. Notice of public hearing.
Public hearings on an application for a development agreement shall be held by the Planning Commission and by the City Council. Notice of intention to consider adoption of a development agreement shall be given in the manner and form required by section 122-747 of this Code and Government Code §§ 65090 and 65091. The failure of any person entitled to receive notice required by law does not affect the authority of the city to enter into a development agreement.
(Code 1965, § 10917; Ord. No. 92-3)
Sec. 122-149. Conduct of public hearing.
Public hearings shall be conducted by the Planning Commission and the City Council in accordance with the procedural standards prescribed in the Government Code for the conduct of zoning ordinance hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of showing, at the public hearing, the public benefit of adopting the proposed development agreement.
(Code 1965, § 10918; Ord. No. 92-3)
Sec. 122-150. Determination by Planning Commission.
(a) Purpose and use. The Planning Commission may recommend use of a development agreement as a method of implementing any discretionary recommendation or approval of the Planning Commission, including but not limited to:
(Code 1965, § 10919; Ord. No. 92-3)
(1) Zoning or rezoning;
(Code 1965, § 10919; Ord. No. 92-3)
(2) Issuance of a conditional use permit;
(Code 1965, § 10919; Ord. No. 92-3)
(3) Issuance of a Zoning Administrator's permit;
(Code 1965, § 10919; Ord. No. 92-3)
(4) Conditions imposed upon approval of a permit after discretionary review;
(Code 1965, § 10919; Ord. No. 92-3)
(5) Conditions imposed in connection with the adoption of any specific plan;
(Code 1965, § 10919; Ord. No. 92-3)
(6) Conditions imposed on any planned unit development;
(Code 1965, § 10919; Ord. No. 92-3)
(7) Site-specific conditions imposed in any zoning district;
(Code 1965, § 10919; Ord. No. 92-3)
(8) Mitigation measures imposed upon a project after approval of an environmental impact report or negative declaration in which such mitigation measures have been adopted as a mechanism for eliminating or reducing environmental impacts;
(Code 1965, § 10919; Ord. No. 92-3)
(9) Tentative subdivision map approvals.
(Code 1965, § 10919; Ord. No. 92-3)
(b) Recommendation to City Council. After the public hearing, the Planning Commission shall make its recommendation, in writing, to the City Council. The recommendation shall include their determination whether or not the development agreement as proposed:
(Code 1965, § 10919; Ord. No. 92-3)
(1) Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;
(Code 1965, § 10919; Ord. No. 92-3)
(2) Substantially complies with the uses authorized in, and the regulations prescribed for, the land use zoning district in which the real property is located;
(Code 1965, § 10919; Ord. No. 92-3)
(3) Will be detrimental to the health, safety, and general welfare.
(Code 1965, § 10919; Ord. No. 92-3)
Sec. 122-151. Decision by City Council.
(a) Acceptance or disapproval of recommendation. After the City Council closes its public hearing, it may accept or disapprove the recommendation of the Planning Commission. The City Council may refer matters not previously considered by the Planning Commission during its public hearing and any significant modifications to the development agreement back to the Planning Commission for a report and recommendation.
(Code 1965, § 10920; Ord. No. 92-3)
(b) Finding of consistency with General Plan and specific plans. The City Council may not approve the development agreement, unless it finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan.
(Code 1965, § 10920; Ord. No. 92-3)
(c) Adoption of ordinance. If the City Council approves the development agreement, it shall do so by the adoption of an ordinance which is subject to referendum. The development agreement shall not take effect until the effective date of the ordinance approving the development agreement.
(Code 1965, § 10920; Ord. No. 92-3)
Sec. 122-152. Amendment or cancellation by mutual consent.
The development agreement may be amended or cancelled, in whole or in part, pursuant to Government Code § 65868.
(Code 1965, § 10921; Ord. No. 92-3)
Sec. 122-153. Recording of development agreement, amendment or cancellation.
(a) Within ten days after the City Council enters into the development agreement, the City Clerk shall cause the agreement to be recorded with the office of the County Recorder.
(Code 1965, § 10922; Ord. No. 92-3)
(b) If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code § 65868, or if the City Council terminates or modifies the agreement as provided in Government Code § 65865.1 for failure of the applicant to comply in good faith with the terms and conditions of the agreement, the City Clerk shall have notice of such action recorded with the office of the County Recorder.
(Code 1965, § 10922; Ord. No. 92-3)
Sec. 122-154. Periodic compliance review--Required; procedure.
(a) Annual review required. The Director shall review the property owner's or developer's compliance with the development agreement every 12 months from the date the agreement is recorded.
(Code 1965, § 10923; Ord. No. 92-3)
(b) Public hearing when Director finds evidence of noncompliance. If the Director finds substantial evidence that the property owner(s) has/have not complied in good faith with the terms and conditions of the development agreement, he shall request the City Council to conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms and conditions of the development agreement. The burden of proof of compliance is upon the property owner.
(Code 1965, § 10923; Ord. No. 92-3)
(c) Determination by Council. The City Council shall determine, upon the basis of substantial evidence, whether or not the property owner has, for the time period under review, complied in good faith with the terms and conditions of the development agreement.
(Code 1965, § 10923; Ord. No. 92-3)
Sec. 122-155. Same--Effect of decision.
(a) Finding of compliance. If the City Council, after a public hearing, determines that the property owner has complied in good faith with the terms and conditions of the agreement during the time period under review, the review for that time period is concluded.
(Code 1965, § 10924; Ord. No. 92-3)
(b) Finding of noncompliance. If City Council, after a public hearing, determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the development agreement during the time period under review, the City Council may modify or terminate the agreement or extend the time or waive compliance upon a showing of good cause. The decision to terminate or modify the development agreement is final.
(Code 1965, § 10924; Ord. No. 92-3)
Sec. 122-156. Modification or termination.
Any development agreement may be amended or cancelled, in whole or in part, by following the procedures as set forth in this division. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Government Code § 65867. An amendment to a development agreement shall be approved by ordinance and is subject to referendum.
(Code 1965, § 10925; Ord. No. 92-3)
Unless amended or canceled pursuant to Government Code § 65868 or modified or suspended pursuant to Government Code § 65869.5, and except as otherwise provided in Government Code § 65865.3(b), a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, or subdivision regulation adopted by the city entering the agreement, which alters or amends the rules, regulations, or policies specified in Government Code § 65866.
(Code 1965, § 10926; Ord. No. 92-3)
Secs. 122-158--122-180. Reserved.
DIVISION 6. APPEALS AND REVOCATIONS
Sec. 122-181. Refiling and reconsideration of denied applications.
(a) In the event any application for a use permit or variance is denied, unless the denial is without prejudice, no new application for a use permit or variance shall be made within one year subsequent to the effective date of denial unless it can be shown by the applicant that the conditions under which the denial was made have changed. When an appeal is made to the City Council, said one-year period shall commence:
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
(1) On the date the Council renders its decision; or
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
(2) When the appeal is presumed denied as described in section 2-55; or
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
(3) When the appeal is withdrawn by the appellant; or
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
(4) When the appeal is dropped from the agenda for failure to prosecute.
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
(b) An application for reconsideration on grounds of changed conditions shall be made on the direct recommendation of the Planning Director or his designate that the new application be placed on the Planning Commission agenda. In the event the Planning Director denies the new application on the grounds of no changed conditions, the reasons thereof shall be communicated to the applicant. Such denial shall be appealable to the Planning Commission as provided in this division.
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
(c) "Changed conditions" under this division means a substantial change in the use or variance than that originally applied for by the applicant; the change may involve site plan, density, increase or decrease in parcel size, change in zoning classification, or change in the General Plan.
(Code 1965, § 10840; Ord. No. 828; Ord. No. 1101)
Sec. 122-182. Appellate authority of Planning Commission.
The Planning Commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this chapter.
(Code 1965, § 10841; Ord. No. 241; Ord. No. 818)
Sec. 122-183. Appeal from decision of Planning Commission.
In case an applicant is not satisfied with an action of the Planning Commission, he may appeal to the City Council in accordance with section 2-52 of this Code. The Planning Commission shall submit a report to the City Council setting forth the reasons for action taken by the Commission, or shall be represented at the hearing.
(Code 1965, § 10842; Ord. No. 845)
Sec. 122-184. Expiration of permit or variance; grounds for revocation of permit, variance or design approval.
(a) Any Zoning Administrator's permit, use permit, or variance granted in accordance with the terms of this chapter shall expire if no building permit is secured within one year from the date of approval or longer term as authorized by section 122-74, 122-53(5), or 122-211(5). However, the approving body, at its discretion, may grant one or more extension(s) of such a permit or variance for a maximum of up to two years each, provided that the applicant applies for an extension in the manner prescribed by the approving body prior to the expiration of the permit or variance. All applications for extensions shall include payment of a fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10843; Ord. No. 1131; Ord. No. 1170; Ord. No. 85-8; Ord. No. 93-12)
(b) Any Zoning Administrator's permit, use permit, or variance granted in accordance with the terms of this chapter may be revoked if any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated in connection therewith.
(Code 1965, § 10843; Ord. No. 241; Ord. No. 85-8)
(c) The approval of project drawings and plans by the Design Review Board shall expire if no building permit is secured within one year from the date of approval of the permit or variance for the project. If no permit or variance has been secured for the project, the design approval shall expire one year from the date of design approval. The Board, at its discretion, may grant one or more extensions(s) of such approval for a maximum of one year each, provided that the applicant applies for such an extension in the manner prescribed by the Board prior to the expiration of the approval. All applications for an extension shall include payment of a fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10843; Ord. No. 85-8)
Sec. 122-185. Hearing on proposed revocation.
The Planning Commission shall hold a hearing on any proposed revocation. Notice of the hearing shall be given in accordance with section 122-747(b) of this Code, except that no notice need be published if no such published notice was required for the hearing when the permit was granted. The Planning Commission shall submit its recommendation on the revocation to the City Council, which shall consider the recommendation at a hearing within 30 days after receipt of the recommendation. Notice of the Council hearing shall be given in the same manner as notice of the Commission hearing.
(Code 1965, § 10844; Ord. No. 241; Ord. No. 85-4)
Sec. 122-186. Appeal of staff interpretation.
Whenever any employee of the city Planning Department interprets any provisions of this Code which relate to planning and zoning within the city, and whenever the interpretation has an adverse effect on the use or proposed use of property within the city, any party affected by such an adverse decision may appeal that decision to the Planning Commission within ten days of being notified of the staff interpretation, provided the appellant first pays a nonrefundable filing fee in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10845; Ord. No. 1131; Ord. No. 1170)
Sec. 122-187. Revocation of use permit for abandoned drive-in facilities.
(a) Findings. The City Council hereby finds that abandoned drive-in facilities used for providing services to the public in the city, because of their construction and locations, present unique problems which are detrimental to the general health, welfare, and safety of the community. From time to time, active business is terminated in certain drive-in facilities due to economic or other reasons, and the buildings and grounds tend to deteriorate more quickly than conventional buildings and fall into a state of disrepair, litter accumulates, weeds on the property become a fire hazard, vacant structures are subject to easy occupancy by vagrants, large window spaces attract indiscriminate sign posting, and metal structures tend to rust and the paint to peel, all to the detriment of the public health, safety, and welfare. The City Council also finds that it would be in the interest of the public health, safety, and welfare that provision be made for regulating and controlling the premises of abandoned drive-in facilities in the city limits.
(Code 1965, § 10846; Ord. No. 87-10)
(b) Definitions.
Abandoned. For the purposes of this division, as applied to drive-in facilities, shall mean that, where such facilities remain closed for a continuous period of six months or if an existing drive-in facility in existence prior to the effective date hereof has been closed for a period of six months, the use and facility shall be presumed abandoned.
(Code 1965, § 10846; Ord. No. 87-10)
Drive-in facilities. The site of a business consisting of a building where the principal activity is the retail or wholesale selling, offering for sale, and dispensing of food, services, or products where the primary means of ingress and egress onto the site is by means of motor vehicle and where food, services, or products are delivered to or provided for a motor vehicle or to a person in such vehicle, and shall include but not be limited to service stations, carwashes, and lunch, hamburger, or beverage stands, and including the following type restaurants:
(Code 1965, § 10846; Ord. No. 87-10)
(1) Restaurant, drive-in. A business where customers are served ready-to-eat food by an employee of the business while the customer remains in the automobile;
(Code 1965, § 10846; Ord. No. 87-10)
(2) Restaurant, self-service. A business dealing primarily in sandwiches or similar types of ready-to-eat food and soft drinks or food made from dairy products, or any combination thereof, where the customer normally places and receives his order at a window or counter, either inside or outside a building, and carries the food to a place or to an automobile to be consumed;
(Code 1965, § 10846; Ord. No. 87-10)
(3) Restaurant, takeout. A business specializing in selling ready-to-eat food, other than candy and ice cream, where it is intended that the food purchased be consumed off the premises.
(Code 1965, § 10846; Ord. No. 87-10)
(c) Jurisdiction of Planning Commission; hearing. The Planning Commission may, on its own motion or at the request of an interested person or of staff, hold a hearing for the purpose of determining whether a drive-in facility and use have been abandoned. The proceedings shall be in accordance with section 122-185.
(Code 1965, § 10846; Ord. No. 87-10)
(d) Procedure for revocation of use permit. If the lessee or the owner of the facility is unable to demonstrate that such use will be continued or exercised within a reasonable period of time, as determined by the Planning Commission, then the Planning Commission may recommend to the City Council that the Council consider the premises and use abandoned and revoke any use permit under which drive-in facility was operating.
(Code 1965, § 10846; Ord. No. 87-10)
(e) Exemption. Where a drive-in facility is temporarily closed or out of business, such use and premises shall not be considered abandoned and subject to the provisions of this section provided there is complete compliance with all of the following provisions:
(Code 1965, § 10846; Ord. No. 87-10)
(1) The condition of the paved asphalt or concrete parking and driveway areas is maintained clean, well paved, and free of holes, weeds, debris, and litter;
(Code 1965, § 10846; Ord. No. 87-10)
(2) Doors are securely locked;
(Code 1965, § 10846; Ord. No. 87-10)
(3) Windows are unbroken, clean, and not boarded over;
(Code 1965, § 10846; Ord. No. 87-10)
(4) The exterior surface of all buildings and outside facilities are painted a subdued color and kept clean, free from rust, posters, and bills;
(Code 1965, § 10846; Ord. No. 87-10)
(5) No trade names, signs, or advertising on the premises;
(Code 1965, § 10846; Ord. No. 87-10)
(6) No parked vehicles, merchandise, or equipment outside of buildings;
(Code 1965, § 10846; Ord. No. 87-10)
(7) A notice is posted on the entrance door stating the name and telephone number of person to call in emergency.
(Code 1965, § 10846; Ord. No. 87-10)
(f) Abatement as public nuisance. Upon revocation of a use permit for a drive-in facility, the city may, in addition to the foregoing, find that the premises are a public nuisance and direct they be abated in accordance with law.
(Code 1965, § 10846; Ord. No. 87-10)
Secs. 122-188--122-210. Reserved.
DIVISION 7. VARIANCES
Sec. 122-211. Authorized; procedure.
Where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of this chapter may result from the strict application of certain provisions thereof, a variance may be granted by the Zoning Administrator, as provided in this division, except variances for projects which require the approval of the Planning Commission shall be heard by the Planning Commission.
(Code 1965, § 10730; Ord. No. 85-35)
(1) Application. Application for a variance shall be made in writing, on a form prescribed by the Chief of Planning, and shall be accompanied by a fee in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. The application and filing fee shall be filed, together with a statement, plans, and evidence showing:
(Code 1965, § 10730; Ord. No. 85-35; Ord. No. 92-5)
a. The variance conforms and is consistent with the city's General Plan;
(Code 1965, § 10730; Ord. No. 85-35; Ord. No. 92-5)
b. There are special circumstances applicable to the property, i.e, size, shape, topography, location, or surroundings, which circumstances do not apply generally to other property in the vicinity and under identical zoning classification;
(Code 1965, § 10730; Ord. No. 85-35; Ord. No. 92-5)
c. In the absence of the variance, the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity and under identical zoning classification; and
(Code 1965, § 10730; Ord. No. 85-35; Ord. No. 92-5)
d. Granting such variance will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.
(Code 1965, § 10730; Ord. No. 92-5)
(2) Amendment to existing variance. Application may be made for an amendment to an existing variance. The application shall be made in writing, on a form prescribed by the Chief of Planning. The application shall include a complete description of the proposed amendment and shall be accompanied by plans and other materials as are required for application for a variance. The application shall be accompanied by a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10730; Ord. No. 85-35; Ord. No. 92-5)
(3) Public hearing. A public hearing shall be held before the Zoning Administrator or Planning Commission within 30 days after filing of a complete application for a variance or variance amendment, notice of which shall be given as required by section 122-747(b) of this Code.
(Code 1965, § 10730; Ord. No. 85-35)
(4) Action.
a. After the conclusion of the public hearing, the approving body shall either grant, deny, or continue considering the application to a date certain, provided that the Zoning Administrator may refer the application to the Planning Commission. In order to grant a variance or variance amendment, the approving body shall make findings showing whether the conditions stated in subsection (1) of this section apply to the land, building, or use for which the variance is sought.
(Code 1965, § 10730; Ord. No. 85-35)
b. The approving body may designate such conditions in connection with the variance or amendment as are deemed necessary to secure the purposes of this chapter and may require such guarantees and evidence that such conditions are being or will be met. The approving body may also require, as a condition of approval, that the applicant obtain administrative approval for certain uses proposed.
(Code 1965, § 10730; Ord. No. 85-35)
(5) Term. Construction authorized by a variance must be commenced within one year of the date of approval of the variance, unless otherwise specified by the approving body. If construction for which a variance has been approved is not commenced within one year of approval of the variance or other time period specified by the approving body, the variance shall be deemed null and void, unless an extension has been granted in accordance with section 122-184. If a variance accompanies and is related to another application such as a use permit or subdivision, the term of the variance may be specified to coincide with the term of the related application.
(Code 1965, § 10730; Ord. No. 92-18)
(a) Appeal of action of Zoning Administrator. Any person aggrieved or dissatisfied with the action taken by the Zoning Administrator may appeal such action to the Planning Commission. Such appeal shall be in writing, on a form prescribed by the Chief of Planning, and shall be filed with the Planning Division within ten calendar days of the action. The appeal shall be accompanied by a fee in the amount specified in the Resolution Establishing Fees and Charges for Various Municipal Services. Notice of hearing on the appeal shall be given as required by section 122-747(b) of this Code.
(Code 1965, § 10731; Ord. No. 85-35; Ord. No. 92-5)
(b) Appeal of action of Planning Commission. Any person aggrieved or dissatisfied with the action taken by the Planning Commission may appeal such action to the City Council pursuant to section 2-52 of this Code.
(Code 1965, § 10731; Ord. No. 85-35)
It is the policy of the City, pursuant to the federal Fair Housing Amendments Act of 1988, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, to provide people with disabilities reasonable accommodation as necessary to ensure equal access to housing. The purpose of Sections 122-213 to 122-220 is to provide a process for individuals with disabilities to make requests for reasonable accommodation in regard to relief from the zoning rules, policies, practices and/or procedures of the City.
(Ord. No. 04-1)
(a) Applicant. An individual making a request for a reasonable accommodation pursuant to this Section.
(Ord. No. 04-1)
(b) Code. The Concord Municipal Code.
(Ord. No. 04-1)
(c) Disabled Person. Any person who has a medical, physical, or mental condition, disorder or disability as defined in California Government Code Section 12926, that limits one or more major life activities.
(Ord. No. 04-1)
Sec. 122-215. Requesting Reasonable Accommodation.
(a) A disabled person (or his/her representative) who requests a reasonable accommodation in the form of a modification in the application of a zoning requirement or prohibition that might otherwise act as a barrier to fair housing opportunities due to the disability of the applicant may do so by filing an application provided by the Planning Division, and providing a mailing list, mailing labels of all owners of real property as shown on the last equalized assessment roll within three hundred feet (300') of the real property that is the subject of the hearing, and postage necessary to effect notice of the application to such owners.
(Ord. No. 04-1)
(b) If an individual needs assistance in making the request for reasonable accommodation, the Planning Division will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.
(Ord. No. 04-1)
(c) Applicants for a disability accommodation shall be required to pay for mailing costs, and shall be assessed a fee equivalent to one hour of permit center consultation under the current fees and charges resolution.
(Ord. No. 04-1)
(a) Zoning Administrator. The Zoning Administrator shall have the authority to consider and act on requests for reasonable accommodation. The Zoning Administrator may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations.
(Ord. No. 04-1)
(b) Planning Commission. Rather than act on a request for reasonable accommodation, the Zoning Administrator, at his or her discretion, may refer the application to the Planning Commission for consideration. The Planning Commission may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. Notice of public hearings before the Zoning Administrator or Planning Commission shall be given as required by Section 122-747(b) of this code.
(Ord. No. 04-1)
Sec. 122-217. Required Findings.
The following findings must be analyzed, made and adopted before any action is taken to approve or deny a request for reasonable accommodation, and must be incorporated into the record of the proceeding relating to such approval or denial:
(Ord. No. 04-1)
(a) Whether the request for reasonable accommodation is necessary, because of the applicant's disability, to make specific housing available to the applicant;
(Ord. No. 04-1)
(b) Whether there are alterations to the requested modification that may provide an equivalent level of benefit;
(Ord. No. 04-1)
(c) The physical attributes of and any proposed changes to the subject property and structures;
(Ord. No. 04-1)
(d) Whether the requested reasonable accommodation will impose an undue financial or administrative burden on the City;
(Ord. No. 04-1)
(e) Whether the requested accommodation will require a fundamental alteration of the zoning laws of the City;
(Ord. No. 04-1)
(f) Whether the requested accommodation would result in a concentration of uses not otherwise allowed in a residential neighborhood, to the detriment of the residential character of that neighborhood;
(Ord. No. 04-1)
(g) Any other factor(s) that may have a bearing on the request.
(Ord. No. 04-1)
Sec. 122-218. Written Decision on the Request for Reasonable Accommodation.
The Zoning Administrator, or Planning Commission, as appropriate, shall explain in writing the basis of the determination, including the hearing body or officer's findings on the criteria set forth in Section 122-218. All written determinations shall give notice of the right to appeal and to request reasonable accommodation on the appeals process, if necessary. The notice of decision shall be sent to the applicant by mail.
(Ord. No. 04-1)
(a) Appeal of Action of Zoning Administrator. Any person aggrieved or dissatisfied with the Zoning Administrator's decision may appeal such decision to the Planning Commission. Such appeal shall be in writing, on a form prescribed by the Planning Manager, and shall be filed with the Planning Division within ten (10) calendar days of the Zoning Administrator's decision. Notice of the hearing on appeal under this subsection shall be given as required under Section 122-747(b) of this code.
(Ord. No. 04-1)
(b) Appeal of Action of Planning Commission. Any person aggrieved or dissatisfied with the Planning Commission's decision may appeal such decision to the City Council pursuant to Section 2-52 of this code, with the exception that there shall be no filing fee.
(Ord. No. 04-1)
Sec. 122-220. Rescission of Grant of Reasonable Accommodation.
Any approval or conditional approval of an application under this Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.
(Ord. No. 04-1)
Secs. 122-221--122-230. Reserved.
DIVISION 8. AMENDMENTS
This chapter may be amended by changing the boundaries of districts or by changing any other provisions thereof, including the text, whenever the public necessity, convenience, and the general welfare require such amendment, provided that any such amendment shall be consistent with the General Plan of the city.
(Code 1965, § 10851; Ord. No. 241; Ord. No. 999; Ord. No. 1206)
An amendment may be initiated by:
(Code 1965, § 10852; Ord. No. 241; Ord. No. 642; Ord. No. 965; Ord. No. 1131; Ord. No. 1206)
(1) The verified petition of owners of property affected by a proposed amendment consisting of the reclassification of property from any district to any other district, or modification of the zoning map described in section 122-282 of this Code, or the verified petition of one or more persons affected by other proposed amendment, which petition shall be filed with the Planning Commission and shall be accompanied by a fee in an amount established in the Resolution Establishing Fees and Charges for Various Municipal Services, no part of which shall be returnable to the petitioner, excepting therefrom a petition for an area to be zoned Planned District, in which case the petition shall be accompanied by a fee in an amount required by section 122-686 of this Code, or by;
(Code 1965, § 10852; Ord. No. 241; Ord. No. 642; Ord. No. 965; Ord. No. 1131; Ord. No. 1170; Ord. No. 1206)
(2) Resolution of intention by the City Council, or by;
(Code 1965, § 10852; Ord. No. 241; Ord. No. 642; Ord. No. 965; Ord. No. 1131; Ord. No. 1206)
(3) Resolution of intention by the Planning Commission, or by;
(Code 1965, § 10852; Ord. No. 241; Ord. No. 642; Ord. No. 965; Ord. No. 1131; Ord. No. 1206)
(4) Proposal of the Planning Department.
(Code 1965, § 10852; Ord. No. 1206)
The Planning Commission shall hold at least one public hearing on any proposed amendment. Notice of the hearing shall be given pursuant to section 122-747(a) of this Code, provided that if such amendment is being considered with respect to specific properties, then notice shall be given as required by section 122-747(b) of this Code.
(Code 1965, § 10853; Ord. No. 241; Ord. No. 454; Ord. No. 818; Ord. No. 1206; Ord. No. 85-4)
Sec. 122-234. Action by Planning Commission.
Following the aforesaid hearing, the Planning Commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the City Council an attested copy of such report within 90 days after notice of the first of said hearings, provided that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Planning Commission so to report within 90 days without the aforesaid agreement shall be deemed to be approval of the proposed amendment by the Planning Commission.
(Code 1965, § 10854; Ord. No. 241; Ord. No. 1206)
Sec. 122-235. Action by City Council.
(a) Upon receipt of such report from the Planning Commission or upon the expiration of such 90 days as aforesaid, the City Council shall set the matter for public hearing after notice thereof of any of the proposed amendment, given as provided in section 122-233. After the conclusion of such hearing, the City Council may adopt the amendment set forth in the petition in such form as said Council may deem to be advisable. No change shall be made by the legislative body in any such plan as recommended by the Planning Commission until said proposed change shall have been referred to the Planning Commission for a report thereon and an attested copy of such report shall have been filed with the legislative body.
(Code 1965, § 10855; Ord. No. 241; Ord. No. 818; Ord. No. 1206)
(b) The decision of the City Council shall be rendered within 60 days after the receipt of a report and recommendations from the Planning Commission or after the expiration of such 90 days as aforesaid.
(Code 1965, § 10855; Ord. No. 241; Ord. No. 1206)
Sec. 122-236. Reapplication for reclassification of property or amendment to zoning map.
Whenever a proposed amendment consisting of the reclassification of property from any district to any other district, or modification of the zoning map described in section 122-282 of this Code, fails to be adopted, no proposal for reclassification or rezoning of the same property shall be accepted within one year from the date of final action on said proposed amendment, except as follows:
(Code 1965, § 10856; Ord. No. 828; Ord. No. 1206)
(1) A proposal for reclassification of the same property may be accepted within less than one year, provided that regulations governing the district proposed are more restrictive than those governing the district proposed in the prior proposed amendment; or
(Code 1965, § 10856; Ord. No. 828; Ord. No. 1206)
(2) The Planning Director finds that there are changed conditions as defined below since the date the prior proposal was first filed with the city;
(Code 1965, § 10856; Ord. No. 828; Ord. No. 1206)
(3) "Changed conditions" under this division means changes in zoning districts or land uses surrounding the property originally under consideration for reclassification by the applicant, a change in the land area for which reclassification is proposed, or an amendment to the city's General Plan which may affect said property.
(Code 1965, § 10856; Ord. No. 828; Ord. No. 1206)
Secs. 122-237--122-280. Reserved.
ARTICLE III. DISTRICTS AND DISTRICT REGULATIONS
DIVISION 1. GENERAL
Sec. 122-281. Enumeration of districts.
The several districts established are as follows:
(Code 1965, § 10201; Ord. No. 575; Ord. No. 745; Ord. No. 1206; Ord. No. 06-14)
(1) R-40, R-20, R-15, R-12, R-10, R-8, R-7.5, R-7, R-6 Single-Family Residential.
(Code 1965, § 10201; Ord. No. 575; Ord. No. 745; Ord. No. 1206; Ord. No. 06-14)
a. R-6 North Todos Santos Overlay District.
(Code 1965, § 10201; Ord. No. 1206; Ord. No. 06-14)
b. R-6 Sinclair/Alameda Overlay District.
(Code 1965, § 10201; Ord. No. 1206; Ord. No. 06-14)
(2) D-3 Duplex Residential.
(Code 1965, § 10201; Ord. No. 745; Ord. No. 06-14)
(3) M-2.5 Low Density Apartment.
(Code 1965, § 10201; Ord. No. 745; Ord. No. 06-14)
(4) M-1.8 Medium Density Apartment.
(Code 1965, § 10201; Ord. No. 745; Ord. No. 06-14)
(5) M-1 High Density Apartment.
(Code 1965, § 10201; Ord. No. 745; Ord. No. 06-14)
(6) APO Apartment-Professional Office.
(Code 1965, § 10201; Ord. No. 745; Ord. No. 06-14)
a. APO North Todos Santos Overlay District.
(Code 1965, § 10201; Ord. No. 1206; Ord. No. 06-14)
b. APO Concord Boulevard Overlay District.
(Code 1965, § 10201; Ord. No. 1206; Ord. No. 06-14)
(7) NC Neighborhood Commercial.
(Code 1965, § 10201; Ord. No. 745; Ord. No. 06-14)
(8) SC Service Commercial.
(Code 1965, § 10201; Ord. No. 745; Ord. No. 06-14)
(9) PD Planned District.
(Code 1965, § 10201; Ord. No. 745; Ord. No. 06-14)
(10) LI Light Industrial.
(Code 1965, § 10201; Ord. No. 575; Ord. No. 745; Ord. No. 06-14)
(11) PI Planned Industrial.
(Code 1965, § 10201; Ord. No. 575; Ord. No. 745; Ord. No. 06-14)
(12) S Study District.
(Code 1965, § 10201; Ord. No. 745; Ord. No. 06-14)
(13) CCDD Civic Center Design District.
(Code 1965, § 10201; Ord. No. 925; Ord. No. 06-14)
The designations, locations, and boundaries of the districts established are delineated upon the map entitled "Zoning Map for the City of Concord, California," which map and all notations and information thereon are hereby made a part of this chapter by reference. Any land within the incorporated limits of the city, now or in the future, and not designated or indicated on the zoning map, shall be in the S or Study District.
(Code 1965, § 10202; Ord. No. 241; Ord. No. 745; Ord. No. 1206)
Sec. 122-283. Occupancy of mobile homes, trailers and campers.
No person shall occupy, or cause to be occupied, a mobile home as defined in Health and Safety Code § 18008, a trailer as defined in Vehicle Code § 630, a camper as defined in Vehicle Code § 243, a recreational vehicle as defined in Health and Safety Code § 18010, or trailer coach as defined in Vehicle Code § 635, in any of the districts set forth in section 122-281, unless otherwise permitted within the district by right or upon the issuance of a conditional use permit or other discretionary permit as may be authorized by this Code.
(Code 1965, § 10203; Ord. No. 92-14)
Secs. 122-284--122-300. Reserved.
DIVISION 2. R-6, R-7, R-7.5, R-8, R-10, R-12, R-15, R-20, R-40 SINGLE-FAMILY RESIDENTIAL DISTRICTS
Sec. 122-301. Description and purpose.
The various Single-Family Residential Districts listed above and hereunder are intended primarily to provide locations for detached single-family houses on separate lots with normally incidental uses, as well as to provide for uses related to single-family residential areas. Certain provisions are also included which expand housing opportunities in the various districts. Minimum lot sizes and other characteristics are varied by district to provide a range of densities appropriate to topography, location, and preference of residents. These districts provide a broad variety of choices in available housing.
(Code 1965, § 10210; Ord. No. 575; Ord. No. 586; Ord. No. 750; Ord. No. 857; Ord. No. 1063; Ord. No. 1068; Ord. No. 1112; Ord. No. 1126; Ord. No. 1206)
Sec. 122-302. Uses permitted in all Single-Family Districts.
(a) Single-family dwellings. For the purpose of determining allowable types of buildings or construction of buildings in an area zoned or otherwise designated for single-family dwellings, only those buildings constructed on-site or in a factory according to the Uniform Building Code or mobile homes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC § 5401 et seq.) and placed on a foundation system, pursuant to Health and Safety Code § 18551, shall be allowed as dwellings.
(Code 1965, § 10211; Ord. No. 575; Ord. No. 586; Ord. No. 750; Ord. No. 857; Ord. No. 1063; Ord. No. 1068; Ord. No. 1112; Ord. No. 1126; Ord. No. 1206)
(b) Accessory buildings. Only if constructed simultaneously with, or subsequent to, the main building on the same lot.
(Code 1965, § 10211; Ord. No. 575; Ord. No. 586; Ord. No. 750; Ord. No. 857; Ord. No. 1063; Ord. No. 1068; Ord. No. 1112; Ord. No. 1126; Ord. No. 1206)
(c) Accessory uses normally incidental to single-family residences. All accessory uses not proscribed in section 122-304 of this chapter are considered normally incidental to single-family residences.
(Code 1965, § 10211; Ord. No. 575; Ord. No. 586; Ord. No. 750; Ord. No. 857; Ord. No. 1063; Ord. No. 1068; Ord. No. 1112; Ord. No. 1126; Ord. No. 1206)
(d) Local distribution systems for public utilities within public rights-of-way.
(Code 1965, § 10211; Ord. No. 575; Ord. No. 586; Ord. No. 750; Ord. No. 857; Ord. No. 1063; Ord. No. 1112; Ord. No. 1126; Ord. No. 1206)
Sec. 122-303. Conditional uses in all Single-Family Districts, subject to obtaining permit.
(a) Planned unit developments may be allowed subject to obtaining a use permit.
(Code 1965, § 10212; Ord. No. 750; Ord. No. 1126; Ord. No. 1206)
(b) Schools, attendance at which satisfies the requirements of the compulsory education laws of the state, may be allowed subject to obtaining a use permit.
(Code 1965, § 10212; Ord. No. 750; Ord. No. 1206)
(c) Public and public utility buildings and uses may be allowed subject to obtaining a use permit, provided, however, that maintenance or corporation yards are prohibited.
(Code 1965, § 10212; Ord. No. 750; Ord. No. 1126; Ord. No. 1206)
(d) Neighborhood centers, swim clubs, and similar uses owned and operated by and for residents of the neighborhood in which such use is located may be allowed by obtaining their approval with a tentative subdivision map for the subdivision which is to be served or by obtaining a use permit.
(Code 1965, § 10212; Ord. No. 750; Ord. No. 1126; Ord. No. 1206)
(e) Child care facilities for seven or more children may be allowed subject to the permit requirements and other provisions of section 122-742(j) of this Code.
(Code 1965, § 10212; Ord. No. 1126; Ord. No. 1206)
(f) Two single-family dwellings may be permitted on one lot subject to the provisions of section 122-309 of this Code.
(Code 1965, § 10212; Ord. No. 1176; Ord. No. 1206)
(g) Churches, lodges, and fraternal organizations may be allowed subject to obtaining a use permit, provided the following conditions are met:
(Code 1965, § 10212; Ord. No. 857; Ord. No. 1206)
(1) The total of all identification signs and exterior bulletin boards shall not exceed 25 square feet;
(Code 1965, § 10212; Ord. No. 857; Ord. No. 1206, Ord. No. 03-1)
(2) Where such use is proposed for property contiguous to land that is: (1) zoned single-family, (2) shown on the General Plan as single-family, or (3) shown on a development plan as single-family, such development shall take place in accordance with the following standards unless the contiguous land has been previously developed with a permanent, nonresidential use, in which case the standards may be waived or altered in full or in part by the Planning Commission:
(Code 1965, § 10212; Ord. No. 857; Ord. No. 1206, Ord. No. 03-1)
a. A six-foot architectural, solid masonry or heavy lumber wall shall be constructed along the rear property line and any interior side lot line;
(Code 1965, § 10212; Ord. No. 857; Ord. No. 1206)
b. The building setback from transitional use lot lines shall be computed on the basis of three feet for each one foot of building height;
(Code 1965, § 10212; Ord. No. 857; Ord. No. 1206)
(3) The Planning Commission may establish additional regulations governing landscaping, lighting, and hours of operation as may be necessary to protect the residential character of abutting properties.
(Code 1965, § 10212; Ord. No. 857; Ord. No. 1206, Ord. 03-1)
Sec. 122-304. Home-based businesses.
(a) Definition. A home-based business shall be defined as a business enterprise conducted within a dwelling unit, which business is incidental to the principal residential use and consistent with the criteria below.
(Code 1965, § 10213; Ord. No. 1063; Ord. No. 1206; Ord. No. 08-1)
(b) Prohibited types of home-based businesses.
(1) The following types of home-based businesses are expressly prohibited: (i) automotive service, diagnosis, or repair to vehicles, other large machinery or equipment, or large appliances of others; (ii) massage therapy; and (iii) beauty salons.
(Ord. No. 08-1)
(c) Criteria for permitted home-based businesses. All home-based businesses shall conform to the following criteria:
(1) Location. The home-based business shall be conducted entirely within the principal dwelling, within an enclosed structure attached to the dwelling, or within a legally permitted and constructed enclosed accessory structure detached from the dwelling, excluding required garage parking area.
(Ord. No. 08-1)
(2) Floor area maximum. The space exclusively devoted to home-based businesses, including any related storage, shall not exceed twenty (20%) percent of the dwelling unit's habitable square footage as determined by county tax records.
(Ord. No. 08-1)
(3) Employees. Employees working or meeting at the site shall be limited to persons who reside at the residence and one non-resident. The one non-resident employee's hours shall be between 8:00 a.m. and 8:00 p.m.
(Ord. No. 08-1)
(4) Clients or customers. No clients or customers shall be permitted at the site of the home-based business, except for students engaged in individual home instruction, i.e., with one student at a time and no more than six (6) students per day, without applying for a Zoning Administrator permit pursuant to section 122-304(d). Student hours shall be between 8:00 a.m. and 8:00 p.m.
(Ord. No. 08-1)
(5) Vehicles. In order to retain and preserve the neighborhood character and residential appearance of the property, a maximum of one business vehicle up to one-ton capacity per residence shall be permitted, provided that the vehicle does not give the appearance that a business is being conducted at the location. The following types of vehicles are expressly prohibited: limousines, dump trucks, tow trucks, construction vehicles (e.g., front-end loaders, backhoes), trailers (e.g., construction trailers, chipper trailers), construction equipment (e.g., cement mixers, chippers), vehicles over one ton, and similar vehicles.
(Ord. No. 08-1)
(6) Parking. A home-based business shall not encroach on any areas required for parking. A vehicle used in conjunction with a home-based business shall be parked in compliance with all applicable parking regulations, including but not limited to section 122-744(6) of this Code.
(Ord. No. 08-1)
(7) Appearance. The residential appearance of the property at which the home-based business is conducted shall be maintained, and no exterior indication of a home-based business shall be permitted, including commercial advertising signs or window displays.
(Ord. No. 08-1)
(8) Storage. No equipment, parts, materials, supplies, merchandise, refuse or debris shall be stored outdoors, except that equipment, parts, materials, supplies or merchandise may be stored in the rear yard of the residence if fully screened from public view. Equipment, parts materials, supplies or merchandise may also be stored within a permanent, fully enclosed compartment of a passenger vehicle or truck. No refuse or debris shall be stored in any vehicle. There shall be no storage of hazardous chemicals other than that which is normally found at a private residence.
(Ord. No. 08-1)
(9) Deliveries. Deliveries shall be limited to the frequency of deliveries and types of vehicles normally associated with residential neighborhoods and shall be between the hours of 8:00 a.m. and 8:00 p.m.
(Ord. No. 08-1)
(10) Nuisances. No home-based business shall be conducted in a manner which creates a public nuisance under State law or under this Code. Without limiting the foregoing, a home-based business shall not create noise, odor, dust, vibration, smoke, electrical disturbance, or any other interference with residential uses of adjacent property, and shall be invisible to the neighborhood. There shall be no excessive use of, or unusual discharge into, any one or more of the following utilities: water, sanitary sewers, electrical, garbage, or storm drains.
(Ord. No. 08-1)
(11) Compliance with other regulations. A home-based business shall comply with all other applicable State laws and City ordinances, including any State licensing requirements.
(Ord. No. 08-1)
(d) Zoning Administrator permit.
Any person wishing to conduct a home-based business which does not strictly comply with the criteria set forth in subsection (c)(4) may apply to the Zoning Administrator for approval of a Zoning Administrator permit to allow up to six, non-student clients per day per residence. Prior to approving such permit, the Zoning Administrator shall hold a public hearing with notice given pursuant to section 122-747(b) of this Code. In order to grant any Zoning Administrator permit, the Zoning Administrator must make the findings set forth in section 122-53(4)(a) of this Code.
(Ord. No. 08-1)
(e) Prohibition/penalties.
(1) It shall be unlawful and a public nuisance for any person to operate any home based-business in violation of this Section or to fail to comply with any condition or requirement herein. No home-based business shall be conducted unless a home-based business permit application has been submitted and approved by the Planning Division and a home-based business permit has been issued.
(Ord. No. 08-1)
(2) After providing ten (10) days' notice and an informal opportunity to be heard, the Planning Division may revoke a home-based business permit for non-compliance with this Section. Revocation is in addition to and supplemental to any other administrative and legal remedies provided in this Code.
(Ord. No. 08-1)
(3) If the application is denied, or a home-based business permit is revoked, the home-based business applicant or permit holder may appeal the Planning Division's determination to the Zoning Administrator pursuant to Concord Municipal Code Section 2-53.
(Ord. No. 08-1)
A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10213.1; Ord. No. 95-5)
Sec. 122-306. Development standards.
REQUIREMENTS FOR SINGLE-FAMILY DISTRICTS
TABLE INSET:
| Minimum Yards for Dwelling(1) |
Maximum Building Height |
Building Site(3) | |||||||
|---|---|---|---|---|---|---|---|---|---|
| District | Front(2) | Side | Rear (5) |
Corner Lot Ext. Side | Maximum Aggregate Building Coverage of Lot |
Dwelling | Accessory Building | Area (sq. ft) |
Width |
| R-6 | 20' | 5' + 10' | 20' | 10' | 35% of lot | 30' | 12'(4) | 6,000 | 60' |
| R-7 | 20' | 5' + 10' | 20' | 10' | 35% of lot | 30' | 12'(4) | 7,000 | 70' |
| R-7.5 | 20' | 5' + 10' | 20' | 10' | 35% of lot | 30' | 12'(4) | 7,500 | 75' |
| R-8 | 20' | 5' + 10' | 20' | 10' | 35% of lot | 30' | 12'(4) | 8,000 | 80' |
| R-10 | 20' | 10' + 10' | 25' | 15' | 30% of lot | 30' | 12'(4) | 10,000 | 100' |
| R-12 | 20' | 10' + 10' | 25' | 15' | 25% of lot | 30' | 12'(4) | 12,000 | 100' |
| R-15 | 20' | 10' min 25' aggregate | 30' | 15' | 25% of lot | 30' | 12'(4) | 15,000 | 110' |
| R-20 | 25' | 10' minimum 25' aggregate | 30' | 15' | 25% of lot | 30' | 12'(4) | 20,000 | 110' |
| R-40 | 30' | 20' minimum 50' aggregate | 40' | 25' | 20% of lot | 30' | 12'(4) | 40,000 | 150' |
(1) Measured from property line to the face of building or to a structure.
(2) In no case shall any structure be erected closer than 45 feet (50 feet in R-40) from the centerline of any street, provided that where four or more lots in a block on the same side of the street have been improved with buildings, the minimum requirement shall be the average of improved lots if less than 20 feet, or less than 25 feet in R-20, or less than 30 feet in R-40.
(3) There shall be no more than one single-family dwelling on any one building site, except as provided in section 122-309.
(4) Except as provided in section 122-308 of this division.
(5) May be reduced to 15 feet for single-story additions only as provided in section 122-307.
(Code 1965, § 10214; Ord. No. 241; Ord. No. 503; Ord. No. 575; Ord. No. 586; Ord. No. 620; Ord. No. 670; Ord. No. 745; Ord. No. 750; Ord. No. 787; Ord. No. 845; Ord. No. 857; Ord. No. 902; Ord. No. 906; Ord. No. 917; Ord. No. 918; Ord. No. 983; Ord. No. 1062; Ord. No. 1063; Ord. No. 1068; Ord. No. 1112; Ord. No. 1126; Ord. No. 1176; Ord. No. 1206; Ord. No. 84-5; Ord. No. 87-19)
Sec. 122-307. Additions to existing residences.
Minimum setbacks for new residences shall be as required by Zoning Ordinance; however, single-story additions to existing homes may be in the rear yard according to the following criteria:
(Code 1965, § 10215; Ord. No. 1062; Ord. No. 1206)
(1) The addition is attached to, and provides for, expansion of the existing residence;
(Code 1965, § 10215; Ord. No. 1062; Ord. No. 1206)
(2) A minimum 15-foot rear yard setback shall be maintained;
(Code 1965, § 10215; Ord. No. 1062; Ord. No. 1206)
(3) All side yards shall be maintained as required by this division;
(Code 1965, § 10215; Ord. No. 1062; Ord. No. 1206)
(4) An open usable rear yard must be maintained which has a minimum dimension of 20 feet and a minimum area equal to ten times the minimum lot width required in the pertinent district;
(Code 1965, § 10215; Ord. No. 1062; Ord. No. 1206)
(5) In no case shall the total building coverage exceed that allowed in the pertinent district.
(Code 1965, § 10215; Ord. No. 1206)
Sec. 122-308. Exemptions from required minimum setback, lot area or lot width requirements for legal nonconforming residences and parcels.
Single-family detached residences and parcels zoned single-family residential which existed prior to September 28, 1953, legally existed prior to annexation, or which have become nonconforming due to some action of the city shall be considered legal nonconforming residences and/or lots.
(Code 1965, § 10216; Ord. No. 90-18)
(1) Single-story remodeling and additions, not involving secondary living units, shall be permitted for legal nonconforming residences and residences on legal nonconforming parcels, subject to the following provisions:
(Code 1965, § 10216; Ord. No. 90-18)
a. The required minimum front yard setback shall be maintained for all additions and remodelings.
(Code 1965, § 10216; Ord. No. 90-18)
b. Legal nonconforming setbacks may be retained, but a nonconforming setback may not be reduced.
(Code 1965, § 10216; Ord. No. 90-18)
c. Conforming setbacks and other conforming aspects of a residence or parcel shall not be made nonconforming by any remodeling or addition.
(Code 1965, § 10216; Ord. No. 90-18)
d. Minimum setbacks, except existing legal nonconforming setbacks, shall be as required by section 122-306 of this Code.
(Code 1965, § 10216; Ord. No. 90-18)
e. Maximum lot coverage shall be as required by section 122-306 of this Code.
(Code 1965, § 10216; Ord. No. 90-18)
(2) All two-story construction shall maintain the required minimum setbacks prescribed by the Zoning Ordinance. Secondary living units shall comply with the requirements of sections 122-309 and 122-310, as applicable, and secondary living units shall comply with all minimum setback requirements of the Zoning Ordinance.
(Code 1965, § 10216; Ord. No. 90-18)
Sec. 122-309. Two single-family dwelling units on one lot.
Notwithstanding any other provisions of this Code, two single-family residences may be allowed on one lot in Single-Family (R) Zoning Districts, provided that there is compliance with all of the following provisions and conditions:
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
(1) Location. Such units shall only be allowed on corner lots. A lot shall be defined as a corner lot if two intersecting sides with street frontage meet at an angle of 120 degrees or less, disregarding any radius at their intersection.
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
(2) Permits required.
a. Existing vacant lots. A Zoning Administrator's permit and design review shall be required prior to making application for a building permit to establish two dwelling units on an existing vacant lot of record in an R District. As part of the applications or those two procedures, it shall be clearly shown how the proposed units relate to the existing buildings on adjacent lots, and it must be demonstrated to the satisfaction of the city that the proposed development is compatible to the adjacent homes and to the surrounding neighborhood as a whole. It must also be demonstrated that the lot has been vacant for at least two years.
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
b. Lots in proposed major subdivisions. As part of an application for approval of a tentative map, a subdivider may request approval of two residential units on specified corner lots. This request must be accompanied by submittals which demonstrate, to the satisfaction of the Planning Commission, that these units will be compatible to the remainder of the subdivision and any adjacent development which is outside the subdivision. All lots approved for two units shall be shown as such on the final map and final report. Design review shall be required prior to issuance of a building permit.
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
(3) Development criteria.
a. The lot area, width and depth, and the building's front setback shall meet or exceed the minimum requirements of this Code.
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
b. The side yard setbacks shall be at least ten feet, or greater, if required by this Code.
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
c. Covered parking spaces shall be set back at least 20 feet from the public right-of-way or other access right-of-way.
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
d. The gross building coverage shall not exceed that allowed in the particular zoning district (coverage includes the dwellings, covered parking, accessory buildings, and covered patios).
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
e. The floor area ratio (total floor area, not including covered parking, accessory buildings, or covered patios, divided by net lot area) shall not exceed 0.4 or a total floor area of 5,000 square feet, whichever is less (this is not an FAR under the land use intensity system).
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
f. The building height shall not exceed that of any house on any adjacent lot sharing a common side yard.
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
g. There shall be a minimum rear yard area of at least 600 square feet for each unit. The minimum dimension of said yard area shall be at least 20 feet.
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
h. There shall be at least 100 feet (as measured along the street frontage) between corner lots approved for two units in the same block (this does not apply to lots separated by a street).
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
1. Existing vacant lots. In the event there are two existing vacant corner lots separated by less than 100 feet in the same block, only the one for which the earliest acceptable application is submitted may be developed with two units. Said application's approval is valid for a period of one year.
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
2. Lots in proposed subdivisions. In the event there are two corner lots separated by less than 100 feet in the same block as a proposed major subdivision, the subdivider may designate only one of the lots for the development of two units. The Planning Commission shall maintain the prerogative to designate the lots, however, based on their relationship to the surrounding development.
(Code 1965, § 10218; Ord. No. 1176; Ord. No. 1206)
i. The lots created under this provision shall not be further subdivided unless both of the resultant lots meet the lot area, width and depth requirements of the pertinent zoning district.
(Code 1965, § 10218; Ord. No. 1206)
Sec. 122-310. Secondary living units.
(a) Permitted locations. Secondary living units shall be allowed in Single-Family (R) Zoning Districts and in single-family residential areas zoned PD (Planned District).
(Code 1965, § 10218.5; Ord. No. 1239)
(b) Limitation. In no case shall more than two dwelling units be placed on one parcel. An applicant may not take advantage of more than one of the following provisions: secondary living unit, or two units on corner lots (section 122-309).
(Code 1965, § 10218.5; Ord. No. 1239)
(c) Definition and criteria.
(1) Definition. A secondary living unit is an additional dwelling unit on a single-family lot which has kitchen, sleeping, and full bathroom facilities.
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 11-10)
(2) Criteria.
a. Location on lot. The secondary living unit must be located within the area of the lot allowed for principal dwellings by the Zoning Ordinance. The unit may be established through: (1) conversion of existing floorspace in a single-family structure; (2) an addition to an existing single-family structure; (3) conversion of an existing accessory structure, provided it is located within the area allowed for principal dwellings; and (4) the construction of a new accessory structure located behind the principal dwelling and within the area allowed for principal dwellings.
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 11-10)
b. Occupancy. Both units shall be occupied as separate single-family dwellings only if the legal owner occupies one of the units; otherwise the two units shall be occupied as if they were one single-family dwelling. Nothing in this section prohibits one or both of the dwelling units remaining vacant. The city shall require recordation of a deed restriction setting forth this occupancy requirement.
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 11-10)
c. Size.
1. On a lot less than 12,000 square feet in net area, the total floor area of the secondary living unit shall be no less than 275 square feet nor more than 640 square feet. The secondary living unit shall have no more than one bedroom.
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 11-10)
2. On a lot 12,000 square feet or greater in net area, the total floor area of the secondary living unit shall be no less than 275 square feet nor more than 1,000 square feet, exclusive of the carport or garage. The secondary living unit shall have no more than two bedrooms.
(Ord. No. 11-10)
3. No more than 25 percent of the existing floor area of a principal residence may be converted into a secondary living unit. This 25 percent limitation applies only to conversions which take place within existing principal units.
(Ord. No. 11-10)
d. Design.
1. The unit shall be clearly subordinate to the principal single-family dwelling unit on the parcel by design, location, and appearance.
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 11-10)
2. The exterior appearance and character shall reflect the existing principal dwelling in architectural style, materials, and color.
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 03-4; Ord. No. 11-10)
3. Outside stairways leading to a second story secondary living unit shall not be in the front of the principal dwelling or in an exterior side yard if visible from the public right-of-way. Access to a first story unit by stairs or ADA accessible ramp may be permitted in the front of the principal dwelling.
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 03-4; Ord. No. 11-10)
4. A secondary living unit attached to the principal dwelling shall not have a separate entrance located on the same side as the entrance for the principal dwelling.
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 11-10)
5. A detached secondary living unit exceeding 640 square feet shall be located behind the principal dwelling and substantially screened from view on adjoining streets by landscaping and/or fencing.
(Ord. No. 11-10)
6. The unit shall meet the provisions of section 122-302(a) of this division.
(Ord. No. 11-10)
e. Compliance with city ordinances. The unit must meet all provisions of this Code, including setbacks, lot coverage, and height regulations. The principal structure and secondary unit shall abide by the provisions of the parking regulations with the following modification:
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 03-4; Ord. No. 11-10)
1. One-bedroom secondary units must be provided with one off-street parking space on the subject site; it may be an uncovered space or a tandem space, and it may be located in the front yard setback if contained within the space of an existing paved driveway. If the subject site only has a single-car garage serviced by a single-car driveway (12 foot width), the driveway pavement may be widened up to an additional nine (9) feet, to provide one parking space for the secondary living unit.
(Ord. No. 11-10)
2. Two-bedroom secondary units must be provided with two off-street parking spaces at least one of which must be a covered space. The covered space may be located in a carport or garage that provides the covered parking required for both the principal unit and secondary living unit. Uncovered parking may be a tandem space and located in the front yard setback if contained within the space of an existing paved driveway.
(Ord. No. 11-10)
3. The parking space(s) required for a secondary living unit is in addition to the required off-street parking for the principal dwelling unit.
(Ord. No. 11-10)
f. Subdivision. No subdivision of land nor air rights shall be allowed.
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 11-10)
g. Applicability. This section applies to any parcel that contains or will contain a single-family dwelling. A secondary living unit may be approved at the time of approval of a new single family dwelling with the requirement that a deed restriction be recorded in accordance with Section 122-310(c)(2)b, "Occupancy", prior to occupancy approval for the principal single family dwelling, which shall occur prior to occupancy of the secondary living unit.
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 03-4; Ord. No. 11-10)
(d) Application for permit, approval procedures. Secondary living units meeting the requirements of this section may be approved by the following procedure:
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 03-4; Ord. No. 11-10)
(1) A secondary living unit that does not exceed 640 square feet or one bedroom requires an administrative approval pursuant to Section 122-52(a). A secondary living unit exceeding 640 square feet or containing two bedrooms requires Zoning Administrator permit approval pursuant to Section 122-52(b). Secondary living units constructed without benefit of permit prior to adoption of this section must obtain an approval pursuant to the applicable provision under Section 122-52 to be a legal use.
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 03-4; Ord. No. 11-10)
(2) Prior to granting an administrative approval or Zoning Administrator permit for a secondary living unit, the application must comply with all applicable provisions contained within Section 122-310.
(Code 1965, § 10218.5; Ord. No. 83-25; Ord. No. 03-4; Ord. No. 11-10)
(3) If an administrative approval is denied, an appeal may be filed with the Planning Division, in writing, within ten calendar days of the action. A fee in the amount specified in the Resolution Establishing Fees and Charges for Various Municipal Services shall accompany the appeal. The Planning Manager shall review the application to determine if it is in compliance with all of the criteria contained in Section 122-310 and shall make a decision on the appeal. The Planning Manager's decision shall be final and no further appeals may be made.
(Code 1965, § 10218.5; Ord. No. 1239; Ord. No. 83-25; Ord. No. 03-4; Ord. No. 11-10)
(4) Any person aggrieved or dissatisfied with the action taken by the Zoning Administrator on a secondary living unit may appeal such action pursuant to section 122-55 of this Code. Such appeal shall be in writing and filed with the Planning Division within ten calendar days of the action. The appeal shall be accompanied by a fee in the amount specified in the Resolution Establishing Fees and Charges for Various Municipal Services. Notice of hearing on the appeal shall be given as required by section 122-747(b) of this Code.
(Ord. No. 11-10)
Sec. 122-311. Sinclair/Alameda Neighborhood Overlay District.
(a) Boundaries. All provisions of this division shall apply, except as may be otherwise provided herein, for those portions of the district described on the zoning map as "The Sinclair/Alameda Area." The area is generally bounded on the west by Third Street, on the north by Concord Boulevard, on the east by Sixth Street, and on the south by Clayton Road.
(Code 1965, § 10219; Ord. No. 1112; Ord. No. 1126; Ord. No. 1206)
(b) Uses permitted in addition to those permitted in section 122-302.
(1) Conversion of existing single-family dwellings on lots which have a minimum area of 9,000 square feet, into two living units, subject to compliance with the Uniform Building Code and provided that any exterior additions to existing buildings are subject to design review;
(Code 1965, § 10219; Ord. No. 1112; Ord. No. 1126; Ord. No. 1206)
(2) Construction of a second living unit on lots which have a minimum area of 9,000 square feet, which shall be the minimum area required regardless of whether the lot is a corner lot, an interior lot, or a panhandle lot, provided a required access corridor to a panhandle lot shall not be included in calculating the minimum lot area. Any second dwelling may take the form of an addition to the other living unit on the lot, the two dwellings may be connected to each other, or they may be separate structures. All plans for new construction shall be subject to design review; the review shall give particular attention to the interrelationship of on-site buildings and parking areas.
(Code 1965, § 10219; Ord. No. 1112; Ord. No. 1126; Ord. No. 1206)
(c) Yards required. All yard and setback requirements shall be according to section 122-306 of this division. Transitional design requirements given in other articles or divisions of this chapter shall not be construed as being applicable to the overlay district.
(Code 1965, § 10219; Ord. No. 1112; Ord. No. 1126; Ord. No. 1206)
Secs. 122-312--122-330. Reserved.
GRAPHIC LINK: Map
DIVISION 3. RESIDENTIAL DENSITY BONUS
Sec. 122-331. Density bonuses for affordable housing and childcare.
(a) Purpose. The specific purposes of this section are to:
(1) Allow for density bonuses and additional incentives, consistent with Government Code § 65915, for affordable housing for seniors and disabled persons, and for development that includes a childcare facility;
(Ord. No. 07-9)
(2) Implement the policies of the General Plan Housing Element to encourage and expand the provision of housing for lower and moderate income households, elderly residents and others with special housing needs; and
(Ord. No. 07-9)
(3) Establish requirements for resale and rental controls to ensure that units remain affordable for at least 30 years or such other term as required by the City, consistent with State law.
(Ord. No. 07-9)
(b) General provisions.
(1) State law governs. The provisions of this division shall be governed by the requirements of Government Code § 65915, as amended. Where conflict occurs between the provisions of this division and State law, the State law shall govern.
(Ord. No. 07-9)
(2) Land use compatibility. All affordable housing units shall be dispersed within market-rate projects, whenever feasible. Affordable housing units within market-rate projects shall be comparable with the design of market-rate units in appearance, use of materials, and finished quality. Building forms, materials and proportions that are compatible with the character of the surroundings shall be used.
(Ord. No. 07-9)
(3) Availability. Affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as the market-rate housing units within the same project unless both the City and the developer agree to an alternative schedule for development.
(Ord. No. 07-9)
(4) Regulatory agreement. Applicants requesting a density bonus shall enter into a Regulatory Agreement with the City pursuant to subsection (f)(3).
(Ord. No. 07-9)
(5) Effect of granting density bonus. The granting of a density bonus shall not, in and of itself, require a General Plan amendment, zoning change, or other discretionary approval.
(Ord. No. 07-9)
(6) Income levels. For purposes of determining income, levels of households under this section, the City shall use the Contra Costa County income limits in Title 25, Section 6932 of the California Code of Regulations or other income limits adopted by the City Council if the State Department of Housing and Community & Economic Development fails to provide timely updates of the income limits in the California Code of Regulations.
(Ord. No. 07-9)
(c) State affordable housing density bonus.
(1) Minimum density bonus and composition of qualifying projects. Pursuant to Government Code § 65915, the City shall grant a density bonus in the following amounts over the otherwise allowable maximum residential density permitted by this Zoning Ordinance and the General Plan, and one or more additional concessions or incentives, consistent with Government Code § 65915 and this section, if the applicant applies for and proposes to construct any one of the following:
(Ord. No. 07-9)
a. Lower income units. A density bonus of 20 percent if 10 percent of the total units of a housing development are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(Ord. No. 07-9)
b. Very low income units. A density bonus of 20 percent if five percent of the total units of a housing development are affordable, to very low income households, as defined in Section 50105 of the Health and Safety Code.
(Ord. No. 07-9)
c. Senior citizen housing development. A density bonus of 20 percent if a housing development qualifies as a Senior Citizen Housing Development, as defined in Section 51.3 of the Civil Code.
(Ord. No. 07-9)
d. Moderate income units in condominium and planned use developments. A density bonus of five percent if 10 percent of the total dwelling units in a condominium project, as defined in Subdivision (f) of, or in a Planned Development, as defined in Subdivision (k) of Section 1351 of the Civil Code, are affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.
(Ord. No. 07-9)
(2) Additional sliding scale density bonus. As provided for in Government Code § 65915(g) the number of units to which the applicant is entitled may exceed the percentage specified in subsection (c)(1) under the following provisions:
(Ord. No. 07-9)
a. Lower income dwellings. For each additional one percent increase above 10 percent units affordable to lower income households, the density bonus shall be increased by 1.5 percent up to a maximum density bonus of 35 percent of the maximum allowable residential density for the site.
(Ord. No. 07-9)
b. Very low income dwellings. For each additional one percent increase above five percent in the proportion of units affordable to very low income households, the density bonus shall be increased by 2.5 percent, up to a maximum of 35 percent of the maximum allowable residential density for the site.
(Ord. No. 07-9)
c. Condominium and planned development units. For each additional one percent increase above 10 percent units affordable to moderate income households, the density bonus shall be increased by one percent, up to a maximum of 35 percent of the maximum allowable residential density for the site.
(Ord. No. 07-9)
(3) Qualifying projects; number of units. The bonuses under subsections (c)(1) and (c)(2) are applicable to residential projects of five or more units, and senior housing projects of more than 35 units.
(Ord. No. 07-9)
(4) Calculation of density bonus units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The density bonus shall not be included when determining the number of target units to be provided in a development project.
(Ord. No. 07-9)
(5) Optional density bonus. The City may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in subsection (e), if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in subsection (c)(1).
(Ord. No. 07-9)
(d) State childcare facility density bonus.
(1) Basic requirements. When an applicant proposes to construct a housing development that conforms to the requirements of the State Density Bonus law and includes a childcare facility other than a family day care home that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following:
(Ord. No. 07-9)
a. Additional density bonus. A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility.
(Ord. No. 07-9)
b. Additional concession or incentive. An additional concession or incentive, that contributes significantly to the economic feasibility of the construction of the childcare facility.
(Ord. No. 07-9)
(2) Conditions of approval. The City shall require, as a condition of approving the housing development that the following occur:
(Ord. No. 07-9)
a. Length of operation. The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which the affordable housing units must remain affordable.
(Ord. No. 07-9)
b. Attending children. The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level.
(Ord. No. 07-9)
(3) Exceptions. The City shall not be required to provide a density bonus or concession for a childcare facility if it finds that, based upon substantial evidence the community has adequate childcare facilities.
(Ord. No. 07-9)
(e) Affordable housing concessions and incentives.
(1) Number of incentives or concessions. An applicant is entitled to receive incentives or concessions as provided for in Government Code § 65915 and listed in subsection (e)(2) as follows:
(Ord. No. 07-9)
a. One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a condominium or planned development; or
(Ord. No. 07-9)
b. One incentive or concession for senior citizen housing developments; or
(Ord. No. 07-9)
c. Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a condominium or planned development; or
(Ord. No. 07-9)
d. Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a condominium or planned development.
(Ord. No. 07-9)
(2) Proposal of incentives and findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this section and State law. For purposes of this section, a concession or incentive shall mean any reduction in site development standards or any modification of zoning or architectural design requirements necessary pursuant to California Government Code § 65915(d)(1) or 65915(e) to facilitate the construction of the residential development project at the densities provided for in § 65915. Concessions or incentives shall also include, but not be limited to, the following categories:
(Ord. No. 07-9)
a. Concessions not requiring financial pro forma from applicant. The following concessions and incentives are available to the applicant without any requirement that the applicant demonstrate to the City that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code § 65915:
(Ord. No. 07-9)
1. Reduced parking. The following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project:
(Ord. No. 07-9)
i. One on-site space for studios to one bedroom units;
(Ord. No. 07-9)
ii. Two on-site spaces for two to three bedroom units; and
(Ord. No. 07-9)
iii. Two and a half on-site spaces for four more bedroom units.
(Ord. No. 07-9)
iv. For purposes of this section, at the applicant's request, on-site parking may be provided through tandem parking or uncovered parking but not through on-street parking.
(Ord. No. 07-9)
2. Reduced standards. Up to a 20 percent deviation from yard set back requirements, with each deviation counting as one (1) concession or incentive; up to a 20 percent deviation for lot coverage requirements; and up to a 20 percent reduction in landscape requirements.
(Ord. No. 07-9)
3. Other bonuses. Any other bonuses proposed as incentives in the General Plan and this ordinance (e.g. height, ground floor retail in designated areas, etc.) may also be made available without demonstration of financial necessity unless the Housing Manager requires a proforma for a mixed use development project.
(Ord. No. 07-9)
b. Concessions requiring financial pro forma from applicant. The following concessions and incentives, when requested by the applicant, shall require the applicant to demonstrate that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code § 65915(l):
(Ord. No. 07-9)
1. Reduction in the minimum requirements of any of the following: lot area; lot width; setbacks; distance between residential structures; usable outdoor space; private yard area; landscape requirements, including for parking lots; and architectural design requirements that exceed the minimum building standards established by local or state building code standards.
(Ord. No. 07-9)
2. Increases in the maximum requirements, above the levels limits identified in this Code, for any of the following: lot coverage; building height; percentage of compact parking spaces; floor area ratio for non-residential development; fence height; and sign area or maximum dimensions.
(Ord. No. 07-9)
3. Reduced parking space dimensions, driveway width, parking aisle width, garage and carport dimensions; location of parking spaces within setback areas; and reduced bicycle parking requirements.
(Ord. No. 07-9)
4. Any other reduction or waiver in site development standards or modification of zoning or architectural design requirements necessary pursuant to California Government Code §§ 65915(d)(3) or 65915(e), or any other proposed concession or incentive not identified in subsection (e)(2)a.
(Ord. No. 07-9)
c. Application requirements. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project. The cost of reviewing any required pro forma data submitted as part of the application in support of a request for a concession or incentive, including but not limited to the cost to the City of hiring a consultant to review said pro forma, shall be borne by the applicant. The application shall be submitted on a form provided by the City and shall include, at a minimum, the following information:
(Ord. No. 07-9)
1. A site plan showing the total number of units, the number and location of the units dedicated pursuant to California Government Code § 65915(b), and the number and location of the proposed density bonus units;
(Ord. No. 07-9)
2. The level of affordability of the dedicated units;
(Ord. No. 07-9)
3. A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. If the applicant is requesting concessions or incentives identified in subsection (e)(2)b, the application shall also include pro forma information demonstrating to the City that the requested concession or incentive results in an identifiable, financially sufficient, and actual cost reduction. Where the applicant is requesting the modification or waiver of a development standard or a zoning or architectural design requirement, the applicant shall submit evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code § 65915 and that the waiver or modification is necessary to make development of the project financially feasible;
(Ord. No. 07-9)
4. If a density bonus is requested for a land donation pursuant to California Government Code § 65915(h), the application shall show the location of the land to be dedicated and provide evidence that the requirements of § 65915(h) have been met, thus entitling the project to the requested density bonus; and
(Ord. No. 07-9)
5. If a density bonus is requested for construction of a child care facility pursuant to California Government Code § 65915(i), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of § 65915(i) have been met, thus entitling the project to the requested density bonus.
(Ord. No. 07-9)
(f) Review.
(1) Responsibility for review and approval of density bonuses. An application for a Density Bonus shall be reviewed and acted upon by the Housing Manager.
(Ord. No. 07-9)
(2) Duration of affordability. All affordable housing units shall be kept affordable for a minimum period of 30 years or such other term approved by the City, consistent with State law.
(Ord. No. 07-9)
(3) Regulatory agreement required. All affordable housing projects shall be subject to the approval of an agreement pursuant to conforming to the provisions of Sections 65864 to 65869 of the Government Code. The terms of the agreement shall be reviewed and revised as appropriate by the Housing Manager and/or City Attorney, who shall formulate a recommendation to the decision making body for final approval. This agreement shall include, but is not limited to, the following:
(Ord. No. 07-9)
a. Number of units. The total number of units approved for the projects, including the number of affordable housing units.
(Ord. No. 07-9)
b. Target units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.
(Ord. No. 07-9)
c. Household income group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Sales Price.
(Ord. No. 07-9)
d. Certification procedures. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification.
(Ord. No. 07-9)
e. Schedule. A schedule for the completion and occupancy of the affordable housing units.
(Ord. No. 07-9)
f. Required term of affordability. Duration of affordability of the housing units. Provisions should also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.
(Ord. No. 07-9)
g. Expiration of agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units.
(Ord. No. 07-9)
h. Remedies for breach. A description of the remedies for breach of the agreement by either party.
(Ord. No. 07-9)
i. Condominium and planned developments. In the case of condominium and planned developments, the Regulatory Agreement shall provide for the following conditions governing the initial resale and use of affordable housing units:
(Ord. No. 07-9)
1. Target units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents as defined by this chapter.
(Ord. No. 07-9)
2. Target units shall be initially owner-occupied by eligible Very Low or Lower Income Households.
(Ord. No. 07-9)
3. Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code § 33334.2. The City's proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.
(Ord. No. 07-9)
j. Rental housing developments. In the case of rental housing developments, the Regulatory Agreement shall provide for the following conditions governing the use of target units during the use restriction period:
(Ord. No. 07-9)
1. The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining target units for qualified tenants.
(Ord. No. 07-9)
2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this section.
(Ord. No. 07-9)
3. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.
(Ord. No. 07-9)
Secs. 122-332--122-360. Reserved.
DIVISION 4. D-3 DUPLEX RESIDENTIAL DISTRICT
Sec. 122-361. Description and purpose.
A residential district composed primarily of rental dwellings but with many of the desirable characteristics attributed to single-family districts. This district has application as a buffer between single-family and other multiple-family districts.
(Code 1965, § 10311; Ord. No. 713)
(a) Single-family dwellings.
(Code 1965, § 10312; Ord. No. 713)
(b) Duplexes (single structure containing two independent living units on one lot).
(Code 1965, § 10312; Ord. No. 713)
(c) Secondary living unit on lots with single-family dwellings in accordance with Section 122-310.
(Ord. No. 03-4)
Sec. 122-363. Child care facilities.
Subject to the limitations set forth in section 122-742(j) of this Code, child care facilities may be permitted.
(Code 1965, § 10312.1; Ord. No. 1126)
Sec. 122-364. Conditional uses, subject to obtaining use permit.
(a) Cluster duplex development.
(Code 1965, § 10313; Ord. No. 750)
(b) Churches.
(Code 1965, § 10313; Ord. No. 750)
(c) Schools, attendance at which satisfies the requirements of the compulsory education laws of the state.
(Code 1965, § 10313; Ord. No. 750)
(d) Parks and playgrounds.
(Code 1965, § 10313; Ord. No. 750; Ord. No. 1126)
(e) Public buildings and uses.
(Code 1965, § 10313; Ord. No. 750; Ord. No. 1126)
(f) Utilities, publicly and privately owned.
(Code 1965, § 10313; Ord. No. 750; Ord. No. 1126)
(g) Neighborhood centers, swim clubs, and similar uses owned and operated by and for residents of the neighborhood in which such use is located, as regulated in article IV of this chapter.
(Code 1965, § 10313; Ord. No. 750; Ord. No. 1126)
(h) Temporary tract offices and tract signs.
(Code 1965, § 10313; Ord. No. 750; Ord. No. 1126)
(i) Planned unit developments.
(Code 1965, § 10313; Ord. No. 750; Ord. No. 1126)
(j) Lodges and fraternal organizations, when such lot is contiguous to a lot zoned multiple or commercial.
(Code 1965, § 10313; Ord. No. 750; Ord. No. 1126, Ord. No. 03-1)
(k) Public or private parking lots for automobiles when adjacent to any commercial or industrial district.
(Code 1965, § 10313; Ord. No. 750; Ord. No. 1126)
A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10313.1; Ord. No. 95-5)
Sec. 122-366. Building height limit.
(a) For dwelling: Maximum 30 feet.
(Code 1965, § 10314; Ord. No. 713)
(b) For accessory building: Maximum 12 feet overall height.
(Code 1965, § 10314; Ord. No. 713)
Sec. 122-367. Building site area required.
For each duplex or single-family dwelling: Minimum of 6,000 square feet and minimum lot width of 60 feet on interior lots; minimum of 6,500 square feet and minimum lot width of 65 feet on corner lots.
(Code 1965, § 10315; Ord. No. 713)
Sec. 122-368. Percentage of lot coverage permitted.
For aggregate building coverage: Maximum 50 percent of lot area.
(Code 1965, § 10316; Ord. No. 713)
(a) Front yard. Minimum required 20 feet, but in no case shall any structure be erected closer than 45 feet from the centerline of any street, provided that where four or more lots in a block on the same side of the street have been improved with buildings, the minimum required shall be the average of improved lots if less than 20 feet. Off-street automobile parking is prohibited in the front and exterior side yards.
(Code 1965, § 10317; Ord. No. 713)
(b) Side yards. Five feet to foundation line, three feet to the roof drip line on one side and ten feet to the foundation line, seven feet to the roof drip line on the other side.
(Code 1965, § 10317; Ord. No. 713)
(c) Rear yards. Minimum 15 feet to the foundation line.
(Code 1965, § 10317; Ord. No. 713)
(d) Exterior side yard. An exterior side yard shall not be less than ten feet.
(Code 1965, § 10317; Ord. No. 713)
(e) Special yards and distances between buildings.
(Code 1965, § 10317; Ord. No. 713)
(1) Distance between buildings in any dwelling group: Minimum of ten feet;
(Code 1965, § 10317; Ord. No. 713)
(2) Side yard providing vehicular access to a single row of buildings: Minimum of 17 feet;
(Code 1965, § 10317; Ord. No. 713)
(3) Inner court providing vehicular access between buildings: Minimum of 20 feet.
(Code 1965, § 10317; Ord. No. 713)
(f) Landscaping. Front yards and exterior side yards shall be landscaped in accordance with a plan submitted to and approved by the Planning Department. Tree planting shall be set back from all property lines in such locations as to be compatible with existing or proposed structures. Trees shall be planted at 20-foot intervals or at such other intervals as the Planning Department shall for good cause permit.
(Code 1965, § 10317; Ord. No. 713)
(g) Transitional design. In each case where duplex residential development is proposed for property contiguous to land that: (1) is zoned single-family, (2) shown on the General Plan as single-family, or (3) shown on a development plan as single-family, such development shall take place in accordance with the following standards:
(Code 1965, § 10317; Ord. No. 713)
(1) A masonry or heavy timber fence shall be constructed along any transitional lot line, design of which shall relate to buildings and be approved by the Design Review Board.
(Code 1965, § 10317; Ord. No. 713; Ord. No. 1125)
(2) The building setback from transitional lot lines shall be ten feet for side yards and 20 feet for rear yards.
(Code 1965, § 10317; Ord. No. 713; Ord. No. 1125)
(h) Carports. The building of carports along property lines structurally attached to a six-foot solid masonry wall is permitted.
(Code 1965, § 10317; Ord. No. 713)
Secs. 122-370--122-390. Reserved.
DIVISION 5. M-2.5, M-1.8, M-1 LOW, MEDIUM, AND HIGH DENSITY MULTIPLE RESIDENTIAL DISTRICTS
Sec. 122-391. Description and purpose.
This division provides a range of densities for Multiple Residential Districts. (See section 122-394(a) for minimum land area per unit for each designated district.) It also provides for related uses and for transitional treatment to low intensity areas as appropriate.
(Code 1965, § 10321; Ord. No. 713; Ord. No. 724; Ord. No. 750; Ord. No. 804; Ord. No. 1017; Ord. No. 1126; Ord. No. 1220)
(a) Permitted uses.
(1) Any permitted use as regulated in the R, D-3, and FAR 0.2 Districts.
(Code 1965, § 10322; Ord. No. 713; Ord. No. 1017; Ord. No. 1220)
(2) Apartment houses or projects.
(Code 1965, § 10322; Ord. No. 713; Ord. No. 1017; Ord. No. 1220)
(3) Dwelling groups and cluster developments.
(Code 1965, § 10322; Ord. No. 713; Ord. No. 1017; Ord. No. 1220)
(4) Townhouses, row houses, and other attached single-family ownership projects (not including condominiums) subject to approval of a subdivision map.
(Code 1965, § 10322; Ord. No. 713; Ord. No. 1017; Ord. No. 1220)
(5) Accessory buildings, only if constructed with or subsequent to the multiple residential use.
(Code 1965, § 10322; Ord. No. 713; Ord. No. 1017; Ord. No. 1220)
(6) Parks and playgrounds.
(Code 1965, § 10322; Ord. No. 713; Ord. No. 1017; Ord. No. 1220)
(7) Temporary offices and temporary signs located on the site of a development project. Temporary conversion of garages to offices is not allowed.
(Code 1965, § 10322; Ord. No. 713; Ord. No. 1017; Ord. No. 1220)
(8) Public buildings and public uses compatible with multiple residential neighborhoods.
(Code 1965, § 10322; Ord. No. 713; Ord. No. 1017; Ord. No. 1220)
(9) Local distribution systems for public utilities within public rights-of-way.
(Code 1965, § 10322; Ord. No. 713; Ord. No. 1017; Ord. No. 1220)
(b) Conditional uses, subject to obtaining Zoning Administrator's permit.
(1) Churches, lodges, fraternal, and community service organizations, when the use is found to have no detrimental effects on surrounding residences. Transitional setback design is required.
(Code 1965, § 10322; Ord. No. 1017; Ord. No. 1220, Ord. No. 03-1)
(2) Private schools which meet state licensing requirements can provide off-street loading, delivery, and parking to meet ordinance requirements and are located or designed so as to ensure they will have no detrimental effects on surrounding residences (especially noise).
(Code 1965, § 10322; Ord. No. 1017; Ord. No. 1126; Ord. No. 1220)
(3) Neighborhood centers, swim clubs, and similar uses owned and operated by and for residents of the neighborhood in which such use is located, as regulated in this Code.
(Code 1965, § 10322; Ord. No. 1017; Ord. No. 1220)
(4) 4. Schools, attendance at which satisfies the requirements of the compulsory education laws of the state.
(Code 1965, § 10322; Ord. No. 1220)
(5) Rest homes and convalescent homes.
(Code 1965, § 10322; Ord. No. 1220)
(c) Conditional uses, subject to obtaining use permit from Planning Commission.
(1) Public or private parking lots for automobiles when adjacent to any commercial, office, or industrial district.
(Code 1965, § 10322; Ord. No. 750; Ord. No. 1017; Ord. No. 1126; Ord. No. 1220)
(2) Public buildings and public uses not under subsection (a)(8) above, where it is found that there will be no detrimental effect on the neighborhood.
(Code 1965, § 10322; Ord. No. 750; Ord. No. 1017; Ord. No. 1126; Ord. No. 1220)
(3) Publicly and privately owned utilities, not including corporation or maintenance buildings or yards.
(Code 1965, § 10322; Ord. No. 750; Ord. No. 1017; Ord. No. 1126; Ord. No. 1220)
(4) Planned unit developments and condominiums, stock cooperatives, and similar projects (see chapter 94, article VI).
(Code 1965, § 10322; Ord. No. 750; Ord. No. 1017; Ord. No. 1126; Ord. No. 1220; Ord. No. 85-38)
(5) Mobile home parks.
(Code 1965, § 10322; Ord. No. 750; Ord. No. 1017; Ord. No. 1126; Ord. No. 1220)
(d) Child care facilities. Subject to the limitations set forth in section 122-742(j) of this Code, child care facilities may be permitted.
(Code 1965, § 10322; Ord. No. 1126; Ord. No. 1220)
A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10322.1; Ord. No. 95-5)
Sec. 122-394. Development standards.
(a) Requirements for multiple residential districts. See the table at the end of this section.
(Code 1965, § 10323; Ord. No. 1220)
(b) Landscaping requirements.
(1) General requirements; street trees. All setback areas along public rights-of-way, as well as other designated landscaped areas throughout the project, shall be landscaped in accordance with a plan approved by the Planning Division or Design Review Board. Street trees, of a species and size approved by the Parks Services Division, shall be planted at a minimum of 30-foot intervals at designated locations. Trees shall be a minimum of six feet in height when planted.
(Code 1965, § 10323; Ord. No. 1220; Ord. No. 06-14)
(2) Irrigation and maintenance standards. A sprinkler system shall be installed throughout commonly held landscaped areas and all landscaping shall be maintained in a healthy, thriving weed-free condition. In planned developments, condominiums, and similar projects with land owned in common with the residents, recorded agreements (CC&Rs) ensuring the continued maintenance of the landscaping of commonly owned facilities shall be approved by the city. For all other projects, a recorded landscape maintenance agreement with the city shall be required.
(Code 1965, § 10323; Ord. No. 1017; Ord. No. 1220; Ord. No. 06-14)
(3) Transitional design requirements. Where transitional design is required (see subsection (c) of this section), an evergreen tree screen of a species acceptable to the Planning Division shall be planted at 15-foot intervals (unless the Planning Manager determines some other interval to be appropriate) and shall be a minimum of six feet in height when planted.
(Code 1965, § 10323; Ord. No. 1017; Ord. No. 1220; Ord. No. 06-14)
(c) Transitional design. In each case where a new development is proposed for property contiguous to land that is: (1) zoned single-family, (2) shown on the General Plan or Specific Plan as single-family, unless said land has been developed with permanent nonresidential use:
(Code 1965, § 10323; Ord. No. 713; Ord. No. 1220; Ord. No. 06-14)
(1) A six foot solid wall of a design acceptable to the Zoning Administrator or Design Review Board shall be constructed along that property line;
(Code 1965, § 10323; Ord. No. 713; Ord. No. 1220; Ord. No. 06-14)
(2) A landscaped planter, a minimum of five feet in width, shall be required along all transitional property lines, except where a carport is constructed, as provided in subsection (d) of this section. An evergreen tree screen shall be planted in this area with trees planted at fifteen foot intervals unless the Planning Manager determines some other spacing to be appropriate. Trees shall be a minimum of six feet in height when planted.
(Code 1965, § 10323; Ord. No. 1220; Ord. No. 06-14)
(d) Carports. The building of carports along interior property lines is permitted, provided the following conditions are met:
(Code 1965, § 10323; Ord. No. 713; Ord. No. 1220)
(1) The height of the carport does not exceed eight feet, as measured from the grade on the adjacent property;
(Code 1965, § 10323; Ord. No. 1220)
(2) There is a landscaped planter with minimum dimensions of ten feet by 19 feet at intervals of 45 feet or less;
(Code 1965, § 10323; Ord. No. 1220)
(3) The carport complies with all Uniform Building Code requirements.
(Code 1965, § 10323; Ord. No. 1220)
(e) In addition to the development standards contained herein, all new multi-family residential developments that are not condominiums, planned developments and similar projects, shall comply with the development standards contained in section 94-160, except subsections (8), (9) and (10), and sections 94-162 and 94-166.
(Ord. No. 06-14)
REQUIREMENTS FOR MULTIPLE RESIDENTIAL DISTRICTS
TABLE INSET:
| Minimum Required Setbacks(1) | ||||
|---|---|---|---|---|
| District | Front(2) | Exterior Side | Interior Side and Rear | Transitional |
| M-2.5 | 15' | 10' | 5'(3) | 2'/1' Building height maximum 50' |
| M-1.8 | 15' | 10' | 5'(3) | 2'/1' Building height maximum 50' |
| M-1 | 15' | 10' | 5'(3) | 2'/1' Building height maximum 50' |
| Minimum Site and Building Requirements | ||||||
|---|---|---|---|---|---|---|
| Interior(4) Lot Area (square feet) | Width | Corner(4) Lot Area (square feet) | Width | Minimum Land Area/Unit(5) | Maximum Building Height | Lot(9) Coverage |
| 7,500 | 60' | 7,500 | 70' | 2,500 sf(6) | 30'(6) | 50% |
| 6,000 | 60' | 7,000 | 70' | 1,800 sf | 30'(7) | 60% |
| 6,000 | 60' | 7,000 | 70' | 1,000 sf | 50'(7) | 75% |
(1) Measured from property line to the front wall of building or structure. See also subsection (d) of this section regarding carports.
(2) Off-street automobile parking is prohibited in the front and exterior side yards.
(3) Includes three feet to roof drip line.
(4) For each building or group of buildings.
(5) Minimum net lot area required for each unit.
(6) Planning Commission/Zoning Administrator may require single-story units in areas transitional to single-family residences.
(7) May be increased through use permit procedure.
(8) Maximum aggregate building coverage.
(Code 1965, § 10323; Ord. No. 713; Ord. No. 724; Ord. No. 750; Ord. No. 804; Ord. No. 1017; Ord. No. 1126; Ord. No. 1220; Ord. No. 06-14)
Secs. 122-395--122-410. Reserved.
DIVISION 6. MULTIFAMILY RESIDENTIAL DISTRICTS (LOW TO MEDIUM DENSITY), FAR 0.2 AND FAR 0.2+ TO 0.4
Sec. 122-411. Description and purpose.
This division provides zoning districts to encourage building types such as garden homes, patio houses, town houses, duplexes and attached single-family houses as well as garden-type apartment projects. It provides for the establishment for floor area ratio to establish building intensity. The division also provides for related uses and transitional treatment to less intensely developed areas.
(Code 1965, § 10331; Ord. No. 940; Ord. No. 953; Ord. No. 1183; Ord. No. 1221; Ord. No. 06-14)
(a) Permitted uses.
(1) Residential development with a floor area ratio (FAR) of 0.2 or less is subject to Design Review Board review and Planning Division approval. Approval of a tentative and final subdivision map is required for the creation of individual units for sale; and a use permit is required for condominiums, stock cooperatives, and similar projects. (See Chapter 94, Article VI, Division 1).
(Code 1965, § 10332; Ord. No. 940; Ord. No. 953; Ord. No. 1183; Ord. No. 1221; Ord. No. 03-4; Ord. No. 06-14)
(2) Secondary living units on lots with single-family dwellings in accordance with Section 122.310.
(Code 1965, § 10332; Ord. No. 940; Ord. No. 953; Ord. No. 1183; Ord. No. 1221; Ord. No. 03-4)
(3) Parks and playgrounds.
(Code 1965, § 10332; Ord. No. 940; Ord. No. 953; Ord. No. 1183; Ord. No. 1221; Ord. No. 03-4)
(4) Temporary tract offices and temporary signs, as specified in the Sign Ordinance, located on the site of the subdivision during the construction and sales period.
(Code 1965, § 10332; Ord. No. 940; Ord. No. 953; Ord. No. 1183; Ord. No. 1221; Ord. No. 03-4)
(5) Accessory buildings, only if constructed simultaneously with or subsequent to the main buildings.
(Code 1965, § 10332; Ord. No. 940; Ord. No. 953; Ord. No. 1063; Ord. No. 1183; Ord. No. 1221; Ord. No. 03-4)
(6) Public buildings and public uses compatible with residential development.
(Code 1965, § 10332; Ord. No. 940; Ord. No. 953; Ord. No. 1183; Ord. No. 1221; Ord. No. 03-4)
(7) Local distribution systems for public utilities within public rights-of-way.
(Code 1965, § 10332; Ord. No. 940; Ord. No. 953; Ord. No. 1183; Ord. No. 1221; Ord. No. 03-4)
(b) Conditional uses, subject to acquiring Zoning Administrator's permit.
(1) Residential development with a floor area ratio of 0.2+ to 0.4.
(Code 1965, § 10332; Ord. No. 953; Ord. No. 1183; Ord. No. 1221; Ord. No. 06-14)
(2) Churches, lodges, fraternal, and community service organizations, when the use is found to have no detrimental effects on surrounding residences. Transitional setback design will be required.
(Code 1965, § 10332; Ord. No. 940; Ord. No. 953; Ord. No. 1183; Ord. No. 1221; Ord. No. 03-1)
(3) Schools which meet state licensing requirements, can provide off-street loading, delivery, and parking to meet ordinance requirements and are located or designed so as to ensure that there will be no detrimental effects on surrounding residents (especially noise); transitional setback design will be required.
(Code 1965, § 10332; Ord. No. 940; Ord. No. 953; Ord. No. 1126; Ord. No. 1183; Ord. No. 1221)
(4) Rest homes and convalescent homes.
(Code 1965, § 10332; Ord. No. 953; Ord. No. 1183; Ord. No. 1221)
(5) Neighborhood centers, swim clubs, and similar uses owned and operated by and for residents of the neighborhood in which such use is located.
(Code 1965, § 10332; Ord. No. 940; Ord. No. 953; Ord. No. 1183; Ord. No. 1221)
(6) Parking lots for automobiles when adjacent to commercial, office, or industrial districts, provided satisfactory buffering and transitional design is provided.
(Code 1965, § 10332; Ord. No. 1183; Ord. No. 1221)
(c) Conditional uses, subject to obtaining use permit from the Planning Commission.
(Code 1965, § 10332; Ord. No. 953; Ord. No. 1183; Ord. No. 1221; Ord. No. 06-14)
(1) Condominiums, stock coops, and similar developments (see Chapter 94, Article VI, Division 1) and planned unit developments.
(Code 1965, § 10332; Ord. No. 1183; Ord. No. 1221; Ord. No. 06-14)
(2) Mobile home parks.
(Code 1965, § 10332; Ord. No. 953; Ord. No. 1183; Ord. No. 1221; Ord. No. 06-14)
(d) Child care facilities. Subject to the limitations set forth in section 122-742(j) of this Code, child care facilities may be permitted.
(Code 1965, § 10332; Ord. No. 1126; Ord. No. 1183; Ord. No. 1221)
A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10332.1; Ord. No. 95-5)
Sec. 122-414. Development standards
(a) Building height limit.
(Code 1965, § 10333; Ord. No. 953; Ord. No. 1183; Ord. No. 1221; Ord. No. 06-14)
(1) Main buildings: 30 feet, except that this height may be increased through the use permit process.
(Ord. No. 06-14)
(2) Accessory buildings: 12 feet overall height, except that this height may be increased through the Zoning Administrator's permit or use permit process.
(Ord. No. 06-14)
(b) Site area and widths required for projects.
(Ord. No. 06-14)
(1) FAR 0.2: For development or subdivision of land with multifamily buildings, required minimum lots are 6,000 square feet (60 feet wide) on interior lots and 7,000 square feet (70 feet wide) on corner lots.
(Ord. No. 06-14)
(2) FAR 0.2+ to 0.4: For development or subdivision of land with multifamily buildings on each lot, required minimum lots are 7,500 square feet (75 feet wide) on interior lots and 8,000 square feet (80 feet wide) on corner lots.
(Ord. No. 06-14)
(3) Condominiums, stock cooperatives, and similar developments intended to create planned developments with units for individual purchase do not require minimum lot sizes as long as the project site meets minimum lot requirements as specified in subsections (1) and (2) of this section.
(Ord. No. 06-14)
(c) Yards/setbacks required. In cases where more than one description may be applicable, the greater distance shall apply.
(Ord. No. 06-14)
(1) Front and exterior yard setback along street right-of-way: Minimum 15 feet; provided, however, that requirements of a specific development plan shall govern and that the Design Review Board, Zoning Administrator or Planning Commission may require additional setback for buildings higher than 20 feet or longer than 40 feet.
(Ord. No. 06-14)
a. Exception: Setback to a garage or carport facing a street shall be a minimum of 20 feet.
(Ord. No. 06-14)
(2) Interior side and rear yard setbacks: Minimum of ten feet; the Design Review Board, Zoning Administrator or Planning Commission may require additional setback depending on building design, privacy, and private yard considerations along property lines.
(Ord. No. 06-14)
(3) Property lines transitional to single-family residential areas: See subsection (d) of this section.
(Ord. No. 06-14)
(d) Transitional setback design.
(Ord. No. 06-14)
(1) In each case where residential development is proposed at FAR 0.2 for property contiguous to land that is: (1) zoned single-family (R Districts); or (2) shown on the General Plan or a specific plan as single-family, then such development shall take place in accordance with the following standards:
(Ord. No. 06-14)
a. A six-foot solid wall of a design acceptable to the approving body shall be constructed along the adjoining property line;
(Ord. No. 06-14)
b. The building setback from interior lot lines shall be computed on the basis of two feet for each foot of building height up to a maximum of 50 feet; however, carports may be allowed on property lines as per subsection (f) of this section;
(Ord. No. 06-14)
c. Landscaping in accordance with subsection (e) of this section;
(Ord. No. 06-14)
d. Exception: The above conditions may be waived or revised by the Zoning Administrator or Planning Commission if the single-family area has been developed with a permanent project other than single-family residences, or if the location of existing residences is such that the above conditions are not required to provide an appropriate transition.
(Ord. No. 06-14)
(e) Landscaping.
(Ord. No. 06-14)
(1) General requirements; street trees. All parking/utility strips and setback areas along public rights-of-way, as well as other open areas throughout the project, shall be landscaped in accordance with an approved plan. Street trees of a species and size approved by the Parks Services Division shall be planted at a minimum of 30-foot intervals. Trees shall be a minimum of six feet in height when planted.
(Ord. No. 06-14)
(2) Irrigation and maintenance standards. A sprinkler system shall be installed throughout commonly held landscaped areas and all landscaping shall be maintained in a healthy and thriving weed-free condition. In planned developments, condominiums, and similar projects with land owned in common with the residents, recorded agreements (CC&Rs) ensuring the continued maintenance of the landscaping of commonly owned facilities shall be approved by the city. For all other projects, a recorded landscape maintenance agreement with the city shall be required.
(Ord. No. 06-14)
(3) Transitional design requirements. In each case where a new development is proposed for property contiguous to land that is (1) zoned single family, (2) shown on the General Plan or Specific Plan as single-family unless said land use has been developed with permanent non-residential uses, such new development:
(Ord. No. 06-14)
a. A 6-foot solid wall of a design acceptable to the Zoning Administrator or Design Review Board shall be construction along the property line;
(Ord. No. 06-14)
b. A landscape planter a minimum of 5 feet in width shall be required along all transitional property lines, except where a carport is constructed as provided in subsection (f) of this section. An evergreen tree screen shall be planted in this area with trees planted at 15 foot intervals unless the Planning Manager determines some other spacing to be appropriate. Trees shall be a minimum 6 feet in height when planted.
(Ord. No. 06-14)
(f) Carports. The building of carports along interior property lines is permitted, provided the following conditions are met:
(Ord. No. 06-14)
(1) The height of the carport does not exceed eight feet, as measured from the grade on the adjacent property;
(Ord. No. 06-14)
(2) There is a landscaped planter with minimum dimensions of ten feet by 19 feet at intervals of 45 feet or less;
(Ord. No. 06-14)
(3) The carport complies with all Uniform Building Code requirements.
(Ord. No. 06-14)
(g) Condominiums, stock cooperatives and similar developments. In addition to the development standards set forth in this division, shall also comply with the development standards set forth in Chapter 94, Article VI, Division 1 commencing with section 94-160.
(Ord. No. 06-14)
(h) Other multifamily residential developments. In addition to the development standards set forth in this division, other multifamily developments shall comply with the development standards set forth in section 94-160, except subsections (8), (9) and (10), and sections 94-162 and 94-166.
(Ord. No. 06-14)
Secs. 122-415--122-430. Reserved.
DIVISION 7. APO APARTMENT AND PROFESSIONAL OFFICE DISTRICT
Sec. 122-431. Description and purpose.
The Apartment and Professional Office District is established to accommodate a demonstrated need for the development of office space or multiple residential use generally in locations served by arterial streets, yet inappropriate for commercial or single-family development. Due to the transitional character of the district, semipublic or institutional uses are also permitted. It is intended that development of apartment buildings or professional offices shall be designed and landscaped so as to be in harmony with adjacent residential uses.
(Code 1965, § 10342; Ord. No. 713; Ord. No. 1049)
Sec. 122-432. Conditional uses, subject to obtaining a Zoning Administrator's permit.
(a) Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, legal offices, and tax preparation offices. Offices of firms or organizations providing medical services such as physicians, dentists, chiropractors, optometrists, and similar medical professionals including medical/dental laboratories incidental to an office use, but excludes clinic or independent research laboratory facilities. Also excluded are personal service uses.
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049; Ord. No. 06-14; Ord. No. 06-14)
(b) Professional offices listed above on "transitional" lots, i.e., (located adjacent to land that is zoned single-family, shown on the General Plan as single-family or shown on a development plan as single-family), subject to all of the following standards:
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049)
(1) Floor area of 2,500 feet or less;
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049)
(2) One-story structure with maximum height of 15 feet, ten feet to top plate of walls and with a residential design character;
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049)
(3) Building setbacks at least the same as the most restrictive adjacent residential zone (see also sections 122-436 and 122-440);
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049)
(4) Off-street parking to be located beyond front and side landscape setback line, preferably in the rear half of the lot. Vehicle access to be limited to collector or arterial streets only;
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049)
(5) Architectural fence of heavy timber or masonry construction along transitional lot lines as approved by the Design Review Board.
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049; Ord. No. 06-14)
(6) Tree groups and eight foot wide landscape buffers at transitional lot lines as may be approved by the Design Review Board.
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049; Ord. No. 06-14)
(c) Any permitted uses as required in the R, D-3, FAR 0.2 and FAR 0.2+ to 0.4, M-2.5, and M-1.8 Districts.
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049; Ord. No. 06-14)
(d) Parks and playgrounds.
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049; Ord. No. 06-14)
(e) Public buildings and uses.
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049; Ord. No. 06-14)
(f) Schools, attendance at which satisfies the requirements of the compulsory education laws of the state.
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049; Ord. No. 06-14)
(g) Neighborhood centers, swim clubs, and similar uses owned and operated by and for residents of the neighborhood in which such use is located, as regulated in article IV of this chapter.
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049; Ord. No. 06-14)
(h) Community centers, social halls, lodges, fraternal organizations, and rest homes, subject to transitional treatment.
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049; Ord. No. 1126, Ord. No. 03-1; Ord. No. 06-14)
(i) Churches, subject to transitional treatment.
(Code 1965, § 10343; Ord. No. 750; Ord. No. 799; Ord. No. 1049, Ord. No. 03-1; Ord. No. 06-14)
Sec. 122-433. Conditional uses, subject to obtaining use permit.
(a) Professional offices not meeting criteria in section 122-432.
(Code 1965, § 10344; Ord. No. 750; Ord. No. 1049)
(b) Hotels, motels, and rooming or boarding houses.
(Code 1965, § 10344; Ord. No. 750; Ord. No. 1049)
(c) Public or private parking lots for automobiles when adjacent to any commercial or light industrial district.
(Code 1965, § 10344; Ord. No. 750; Ord. No. 1049)
(d) Planned unit developments.
(Code 1965, § 10344; Ord. No. 750; Ord. No. 1049)
Sec. 122-434. Child care facilities.
Subject to the limitations set forth in section 122-742(j) of this Code, child care facilities may be permitted.
(Code 1965, § 10344.1; Ord. No. 1126)
Sec. 122-435. Prohibited uses.
(a) Crematory.
(Code 1965, § 10344.2; Ord. No. 84-11; Ord. No. 95-5)
(b) A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10344.2; Ord. No. 95-5)
Sec. 122-436. Transitional treatment.
In each case where development is proposed for the property contiguous to land that is: (1) zoned single-family, (2) shown on the General Plan as single-family, or (3) shown on a development plan as single-family, such development shall take place in accordance with the following standards:
(Code 1965, § 10345; Ord. No. 713; Ord. No. 1049)
(1) The building setbacks from transitional use lot lines shall be computed on the basis of two feet for each one foot of building height, but shall not be required to be more than 60 feet;
(Code 1965, § 10345; Ord. No. 713; Ord. No. 1049)
(2) A six-foot architectural fence of heavy timber or masonry construction;
(Code 1965, § 10345; Ord. No. 713; Ord. No. 1049)
(3) Aggregate building coverage of the lot shall be a maximum of 50 percent;
(Code 1965, § 10345; Ord. No. 713; Ord. No. 1049)
(4) Off-street parking is prohibited in the front and exterior side yards;
(Code 1965, § 10345; Ord. No. 713; Ord. No. 1049)
(5) The Planning Commission may impose, as a condition to granting a use permit, reasonable adjustments of the APO regulations to bring the use into keeping with other uses in the immediate transitional area.
(Code 1965, § 10345; Ord. No. 713; Ord. No. 1049)
Sec. 122-437. Building height limit.
(a) For apartment buildings, condominiums, stock cooperatives and similar developments: Two stories, or as may be established through the use permit procedure.
(Code 1965, § 10346; Ord. No. 750; Ord. No. 1049; Ord. No. 06-14)
(b) For office buildings: Two stories, or as may be established through the use permit procedure.
(Code 1965, § 10346; Ord. No. 750; Ord. No. 1049; Ord. No. 06-14)
(c) For accessory buildings: Maximum 12 feet overall height.
(Code 1965, § 10346; Ord. No. 750; Ord. No. 1049); Ord. No. 06-14
Sec. 122-438. Building site area required.
(a) For each building or group of buildings: Minimum of 6,000 square feet and minimum lot width of 60 feet; 7,000 square feet and minimum lot width of 70 feet on corner lots.
(Code 1965, § 10347; Ord. No. 713; Ord. No. 1049)
(b) For each family unit in any building or group of buildings: Minimum of 1,800 square feet of lot area, except as may be provided in the General Plan or a specific development plan.
(Code 1965, § 10347; Ord. No. 713; Ord. No. 1049; Ord. No. 06-14)
Sec. 122-439. Percentage of lot coverage.
For aggregate building coverage: Maximum of 60 percent.
(Code 1965, § 10348; Ord. No. 713; Ord. No. 1049)
(a) Front yard. Minimum required 15 feet to a building or parking, but in no case shall any structure be erected closer than 40 feet from the centerline of any street. For buildings in excess of 15 feet in height and/or 50 feet in length, setbacks of 20 feet or more shall be provided.
(Code 1965, § 10349; Ord. No. 713; Ord. No. 1049; Ord. No. 06-14)
(b) Interior side yards. Five feet to the foundation line, three to the roof drip line, provided that the side yard on the rear one quarter of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage.
(Code 1965, § 10349; Ord. No. 713; Ord. No. 1049; Ord. No. 06-14)
(1) Interior side yards shall be increased by two feet for each ten feet, or portion thereof, that the building exceeds 20 feet in height. Also see transitional treatment, section 122-436(1).
(Code 1965, § 10349; Ord. No. 713; Ord. No. 1049; Ord. No. 06-14)
(c) Rear yards. Minimum building setback of ten feet.
(Code 1965, § 10349; Ord. No. 713; Ord. No. 1049; Ord. No. 06-14)
(1) A setback of five feet may be allowed when a use permit is applied for and when found compatible with existing uses in the vicinity. Transitional treatment as set forth in section 122-436(1) may also apply.
(Code 1965, § 10349; Ord. No. 713; Ord. No. 1049; Ord. No. 06-14)
(d) Exterior side yards. Minimum of ten feet, but more may be required for buildings in excess of 15 feet high and/or 50 feet in length, as required by the Zoning Administration or Planning Commission.
(Code 1965, § 10349; Ord. No. 713; Ord. No. 1049; Ord. No. 06-14)
(e) Special yards and distances between buildings.
(Code 1965, § 10349; Ord. No. 713; Ord. No. 1049)
(1) Distance between buildings in any dwelling group: Minimum ten feet unless more is required by the building code.
(Code 1965, § 10349; Ord. No. 713; Ord. No. 1049; Ord. No. 06-14)
(2) Side yard providing vehicular access to a single row of buildings: Minimum of 17 feet.
(Code 1965, § 10349; Ord. No. 713; Ord. No. 1049)
(3) Inner court providing vehicular access between buildings: Minimum of 20 feet.
(Code 1965, § 10349; Ord. No. 713; Ord. No. 1049)
Sec. 122-441. Development standards.
(a) Landscaping. Front yards and exterior side yards shall be landscaped in accordance with a plan approved by the Design Review Board. Tree planting shall be set back from all property lines in such locations as to be compatible with existing or proposed structures. Trees shall be planted at 20-foot intervals or at such other intervals as approved by the Planning Division.
(Code 1965, § 10350; Ord. No. 713; Ord. No. 1049; Ord. No. 06-14)
(b) Irrigation and Maintenance Standards. A sprinkler system shall be installed throughout commonly held landscaped areas and all landscaping shall be maintained in a healthy and thriving weed-free condition. In planned developments, condominiums, and similar projects with land owned in common with the residents, recorded agreements (CC&Rs) ensuring the continued maintenance of the landscaping of commonly owned facilities shall be approved by the city. For all other projects, a recorded landscape maintenance agreement with the city shall be required.
(Code 1965, § 10350; Ord. No. 713; Ord. No. 1049; Ord. No. 06-14)
(c) Lighting. All exterior lighting shall be low profile and so shielded or directed so as to eliminate glare onto streets and so as not to spill onto adjacent properties, especially residential areas.
(Code 1965, § 10350; Ord. No. 713; Ord. No. 1049)
(d) Carports. Any carports along property lines shall be structurally attached to a solid masonry wall as approved by the Design Review Board and in conformance with the building code.
(Code 1965, § 10350; Ord. No. 713; Ord. No. 1049)
(e) Condominiums, stock cooperatives, and similar developments. Condominiums, stock cooperatives and similar developments shall be required to comply with the development standards set forth in Chapter 94, Article VI, Division 1, commencing with section 94-160.
(Ord. No. 06-14)
Sec. 122-442. Concord Boulevard Overlay District.
The intent of this section shall be to set minimum standards for offices within an area where the city desires to maintain the existing residential character. All provisions of the APO ordinance (this division) shall apply, except as provided herein, to properties having frontage on either side of Concord Boulevard between Parkside Drive and the former Sacramento Northern Railroad right-of-way.
(Code 1965, § 10352; Ord. No. 1113)
(1) Building site area required.
Offices, whether in existing structures or new construction, shall be required to have a minimum site area of 6,000 square feet and a minimum site width of 60 feet, except that the width may be 50 feet where the site is a corner lot;
(Code 1965, § 10352; Ord. No. 1113)
a. A minimum of 1,800 square feet of site area shall be provided each living unit in all cases;
(Code 1965, § 10352; Ord. No. 1113)
b. Floor area ratio: On any office site, the maximum floor area shall be no greater than 0.35 times the area of the site.
(Code 1965, § 10352; Ord. No. 1113)
(2) Yards required.
(3) Front yard minimum: 20 feet to a building or parking, for all uses.
(Code 1965, § 10352; Ord. No. 1113)
(4) Maximum building height shall be two stories or 30 feet to highest point of building, whichever is less.
(Code 1965, § 10352; Ord. No. 1113)
(5) Signs shall be especially designed to be compatible in design and material with the related building design and material, and to be harmonious with the residential character of the area.
(Code 1965, § 10352; Ord. No. 1113)
(6) Vehicle access from parking areas to streets which intersect Concord Boulevard may be permitted, even though such streets are not collector or arterial streets.
(Code 1965, § 10352; Ord. No. 1113)
Secs. 122-443--122-460. Reserved.
GRAPHIC LINK: Map 1
GRAPHIC LINK: Map 2
DIVISION 8. NTS NORTH TODOS SANTOS DISTRICT
Sec. 122-461. Description and purpose.
It is the city's intent to maintain the existing environment of the North Todos Santos (NTS) neighborhood insofar as possible in the face of changing conditions. It is also the city's intent to allow the introduction of new land uses, including offices and multifamily residences, under circumstances which will assure their compatibility with the prevailing patterns of pre-World War II homes.
(Code 1965, § 10361; Ord. No. 86-25; Ord. No. 99-8)
(a) All uses permitted in section 122-302.
(Code 1965, § 10362; Ord. No. 86-25; Ord. No. 99-8)
(b) Conversion of existing single-family dwellings, originally constructed prior to 1942, into two dwelling units subject to building code restrictions, provided that the proposed density and floor area ratio (FAR) do not exceed that allowed by the General Plan and that parking requirements are met and exterior modification to the existing building are limited and subject to approval by the Design Review Board.
(Code 1965, § 10362; Ord. No. 86-25; Ord. No. 99-8)
(c) Up to two residential units per lot, provided that the density complies with the requirements of the General Plan and the FAR does not exceed 0.27.
(Code 1965, § 10362; Ord. No. 86-25; Ord. No. 99-8)
Sec. 122-463. Uses permitted, subject to approval of Zoning Administrator.
(a) Conversion of existing residences or construction of new buildings creating two dwelling units with a FAR above 0.27, or three or more dwelling units, provided that:
(Code 1965, § 10363; Ord. No. 86-25; Ord. No. 99-8)
(1) The Zoning Administrator finds that the conversion will not be disruptive to the neighborhood. Factors to be considered shall include, but not be limited to, traffic generation, parking availability, and the scale of the proposed buildings in relationship to neighboring buildings;
(Code 1965, § 10363; Ord. No. 86-25; Ord. No. 99-8)
(2) The Design Review Board assures that any exterior addition or changes maintain the character of the original buildings and/or the surrounding area;
(Code 1965, § 10363; Ord. No. 86-25; Ord. No. 99-8)
(3) That a minimum of one parking space per unit is provided on-site, not within the front or exterior side yards;
(Code 1965, § 10363; Ord. No. 86-25; Ord. No. 99-8)
(4) The gross residential floor area to net lot area for projects involving new construction does not exceed 0.3.
(Code 1965, § 10363; Ord. No. 86-25; Ord. No. 99-8)
(b) Rooming or boarding houses or similar residential facilities for up to six persons, providing that the Zoning Administrator finds the use to be compatible and not disruptive of the immediate area, considering the factors listed in subsection (a)(1) above; and at least one parking space per occupant is provided on-site, not within the front and side setbacks.
(Code 1965, § 10363; Ord. No. 86-25; Ord. No. 99-8)
(c) Conversion of existing residences to office space for professional office use, including construction of additional floor area totaling no more than 50 percent of the existing structure, subject to the following:
(Code 1965, § 10363; Ord. No. 86-25; Ord. No. 99-8)
(1) Floor area shall be limited to a ratio of 0.45 times the site area, but totaling no more than 50 percent of the existing structure;
(Code 1965, § 10363; Ord. No. 86-25; Ord. No. 99-8; Ord. No. 06-14)
(2) Required parking spaces may be arranged in tandem, one behind the other, provided the inner spaces are assigned to employees and provided the Zoning Administrator finds that such arrangement is necessary to preserve the residential appearance of the property;
(Code 1965, § 10363; Ord. No. 86-25; Ord. No. 99-8)
(3) Professional offices shall be limited to those defined in section 122-432; and
(Code 1965, § 10363; Ord. No. 86-25; Ord. No. 99-8)
(4) The gross residential floor area to net lot area for projects involving new construction does not exceed 0.3.
(Code 1965, § 10363; Ord. No. 86-25; Ord. No. 99-8)
Sec. 122-464. Uses permitted, subject to approval by Design Review Board and a use permit from Planning Commission.
(a) Construction of new office space for professional office use, provided that the floor area of such development does not exceed the ratio 0.35 times the site area.
(Code 1965, § 10364; Ord. No. 86-25; Ord. No. 99-8; Ord. No. 06-14)
(b) Conversion of an existing residence for professional office use which would enlarge the structure to more than 150 percent of the building size as of September 1, 1999.
(Code 1965, § 10364; Ord. No. 86-25; Ord. No. 99-8)
(c) Conversion of existing residences for professional office use not meeting the requirements in section 122-432, provided all other requirements of section 122-463(c) are met.
(Code 1965, § 10364; Ord. No. 86-25; Ord. No. 99-8)
(d) Residential development having a floor area ratio (FAR) ranging from 0.3 to 0.5, according to the schedule contained in section 122-466 below.
(Code 1965, § 10364; Ord. No. 86-25; Ord. No. 99-8)
(e) Churches, lodges, fraternal, and community service organizations, provided they comply with conditions listed in section 122-303(g).
(Code 1965, § 10364; Ord. No. 86-25; Ord. No. 99-8)
(f) Schools which meet state licensing requirements and can provide parking to meet ordinance requirements and are located and designed to ensure that there will be no significant effects on adjacent uses.
(Code 1965, § 10364; Ord. No. 86-25; Ord. No. 99-8)
(g) Rest homes and convalescent homes.
(Code 1965, § 10364; Ord. No. 86-25; Ord. No. 99-8)
(h) Condominiums, stock cooperatives and similar developments shall also comply with the development standards set forth in Chapter 94, Article VI, Division 1, commencing at section 94-160.
(Ord. No. 06-14)
(i) Other multifamily residential developments shall comply with the development standards set forth in section 94-160 except subsections (8), (9) and (10), and section 94-166.
(Ord. No. 06-14)
A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10364.1; Ord. No. 95-5)
Sec. 122-466. Development standards.
(a) Building height limit. Fifty feet or 3 1/2 stories, whichever is less.
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(b) Yard setbacks required.
(1) Front and exterior yard setbacks along street right-of-way: Minimum 15 feet, except that 25 feet shall be required for portions of buildings which are in excess of two stories.
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(2) Interior side and rear setbacks: Minimum five feet, except that ten feet shall be required from windows of living rooms and bedrooms in residences, or windows of offices or other work spaces in nonresidential structures.
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(c) Site area required.
(1) Minimum site area and FAR shall be determined by the General Plan according to the following schedule:
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
TABLE INSET:
| Minimum Parcel Size | Maximum FAR | Performance Factors Required |
|---|---|---|
| 5,000 | 0.30 | 0 |
| 6,000 | 0.32 | 0 |
| 7,000 | 0.34 | 1 |
| 8,000 | 0.36 | 1 |
| 9,000 | 0.38 | 2 |
| 10,000 | 0.40 | 2 |
| 11,000 | 0.41 | 2 |
| 12,000 | 0.42 | 2 |
| 13,000 | 0.43 | 3 |
| 14,000 | 0.44 | 3 |
| 15,000 | 0.45 | 3 |
| 16,000 | 0.46 | 3 |
| 17,000 | 0.47 | 3 |
| 18,000 | 0.48 | 3 |
| 19,000 | 0.49 | 3 |
| 20,000 | 0.50 | 4 |
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(2) In the case of a residential project for which parking requirements have been reduced on account of occupancy by senior citizens, such common areas as congregate dining and recreation rooms may be exempted from the computation of the FAR.
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(d) Performance factors. The maximum FAR of any multiple residential project will be determined, in part, by the presence of the following factors in the number required by subsection (c) above:
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(1) Site has frontage on portions of major streets;
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(2) Plan meets all design standards set by the Condominium Ordinance (regardless of whether a subdivision map is filed);
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(3) Plan incorporates existing trees which are determined by the Planning Commission to be of significance as individual specimens or groups;
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(4) All required parking is enclosed within structures such as individual garages or ground level or basement areas which are at least 75 percent enclosed by walls. Carports do not qualify as enclosed;
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(5) The plan provides a maximum of eight dwelling units per building. In order to avoid tower-like buildings, at least one side of the base shall be longer than the height of the building;
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(6) All side or rear yard setbacks exceed minimum requirements by at least five feet at all points;
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(7) The plan features a mixture of building heights, either in terms of number of stories or a minimum four-foot differential in grade level at the foundation;
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(8) The plan features a mix of units, with varying number of bedrooms per unit;
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(9) The plan incorporates an existing structure (credit may be duplicated for each existing structure incorporated);
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(10) The plan incorporates on-site child care facilities which meet state licensing requirements, at a minimum rate of one child for each two units;
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(11) The plan would preserve a structure which has been designated a landmark by the city (inclusion of this factor will have double value);
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(12) The finished floor elevation of all required parking is more than four feet below the grade of the front property line (inclusion of this factor has double value);
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
(13) If the average size of all units proposed for a site is less than 600 square feet (except for projects for the elderly), credit for one factor shall be deducted.
(Code 1965, § 10365; Ord. No. 86-25; Ord. No. 99-8)
Sec. 122-467. Design guidelines.
Guidelines will assure that the mass, form, architectural details, and landscaping of new construction are compatible with the traditional development of the neighborhood. Such guidelines will be used by the Design Review Board in considering development proposals.
(Code 1965, § 10366; Ord. No. 86-25; Ord. No. 99-8)
Sec. 122-468. Exceptions from building code requirements.
The city hereby finds that a number of buildings in the North Todos Santos area have a special architectural or historical significance in that they are examples of various architectural styles of the late 19th and early 20th centuries generally characteristic of early development of the city but not found in other areas of the city, and/or they were occupied in the past by persons identified with the historical development of the city. Buildings which may have such architectural or historical significance have been designated by resolution adopted by the City Council. The Planning Commission may recommend to the City Council the addition and/or deletion of buildings to or from said resolution, as it deems appropriate. The city further finds that repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, or continued use of such buildings may be made without conformance to all requirements of the most recent edition of the Uniform Building Code adopted by the city when authorized by the Building Official in writing, provided: (a) any unsafe conditions as described in the applicable edition of the Uniform Building Code are corrected; (b) the restored building or structure will be no more hazardous based on life, safety, fire safety, and sanitation than the existing building.
(Code 1965, § 10367; Ord. No. 86-25; Ord. No. 99-8)
Secs. 122-469--122-490. Reserved.
DIVISION 9. NC NEIGHBORHOOD COMMERCIAL DISTRICT*
__________
*Cross references: Businesses and business regulations, ch. 18.
__________
The following uses are permitted. For certain uses and occupations, the Planning Division may refer the application for review by the Zoning Administrator pursuant to section 122-52.
(Code 1965, § 10411; Ord. No. 241; Ord. No. 1061; Ord. No. 06-14)
(1) Retail, office, and personal service uses conducted entirely within a building involving no outside storage or display and with individual stores, outlets, or operations occupying or otherwise using less than 10,000 square feet of gross floor area, and developments or centers with a maximum gross floor area of 50,000 square feet, including uses specified in sections 122-492 and 122-493 below.
(Code 1965, § 10411; Ord. No. 1061; Ord. No. 1151; Ord. No. 06-14)
(2) Churches, libraries, and buildings for public agencies.
(Code 1965, § 10411; Ord. No. 241; Ord. No. 1061; Ord. No. 06-14)
(3) Social halls, lodges, and fraternal organizations.
(Code 1965, § 10411; Ord. No. 241; Ord. No. 1061; Ord. No. 06-14)
Sec. 122-492. Uses that may be allowed, subject to issuance of permit by Zoning Administrator.
In approving a permit, the Zoning Administrator may attach conditions of approval in order to assure conformance with the intent of this chapter and compatibility with the related area.
(Code 1965, § 10412; Ord. No. 1061; Ord. No. 06-14)
(1) Any residential use or development.
(Code 1965, § 10412; Ord. No. 1061)
(2) Restaurants.
(Code 1965, § 10412; Ord. No. 1061)
(3) Automotive parts and supplies.
(Code 1965, § 10412; Ord. No. 1061)
(4) Outdoor garden centers and plant nurseries, but not including the display and/or sale of building and masonry materials.
(Code 1965, § 10412; Ord. No. 1061)
(5) Drive-in banks.
(Code 1965, § 10412; Ord. No. 1061)
(6) Photo kiosks, key duplication booths, and other small buildings in parking lots, provided that the number and use of parking spaces is not adversely effected.
(Code 1965, § 10412; Ord. No. 1061)
(7) Hospitals.
(Code 1965, § 10412; Ord. No. 1061)
(8) Other uses which the Zoning Administrator finds to be of a similar nature, related to and complementary to the above uses and to the general area in which the proposed use is to be located.
(Code 1965, § 10412; Ord. No. 1061)
Sec. 122-493. Uses that may be permitted, subject to obtaining use permit.
(a) Drive-in, self-service, and takeout restaurants and others of a similar nature.
(Code 1965, § 10413; Ord. No. 241; Ord. No. 896; Ord. No. 1061)
(b) Automotive service and repair and gasoline sales.
(Code 1965, § 10413; Ord. No. 241; Ord. No. 896; Ord. No. 1061; Ord. No. 1151)
(c) Cocktail lounges, taverns, bars, dancehalls, road houses, nightclubs, commercial clubs, or any establishment where liquor is served, or commercial place of amusement or recreation or any such place, or any place where entertainers are provided.
(Code 1965, § 10413; Ord. No. 241; Ord. No. 1061)
(d) Vendors and other open air sales at established centers.
(Code 1965, § 10413; Ord. No. 1061)
(e) Rental of tools, equipment, vehicles, or trailers involving any outdoor display, storage, or parking.
(Code 1965, § 10413; Ord. No. 1061)
(f) Uses for which permits are denied by the Zoning Administrator or which the Commission may find to be complementary to, and compatible with, the uses in the general area of the proposed location.
(Code 1965, § 10413; Ord. No. 1061)
Sec. 122-494. Child care facilities.
Subject to the limitations set forth in section 122-742(j) of this Code, child care facilities may be permitted.
(Code 1965, § 10413.1; Ord. No. 1126)
A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10413.2; Ord. No. 95-5)
Sec. 122-496. General limitations.
(a) Minimum lot size shall be 5,000 square feet.
(Code 1965, § 10414; Ord. No. 1061)
(b) Maximum building height shall be 16 feet, except that this may be increased through permit of the Zoning Administrator or the Planning Commission.
(Code 1965, § 10414; Ord. No. 1061)
Sec. 122-497. Required setbacks.
(a) Front setback. Fifteen feet to building line, except where the frontage in a block is partially in a residential district, in which case the front setback shall be the same as required in such residential district; provided, however, that for all buildings in excess of 12 feet in height and/or 50 feet in length, setbacks of 20 feet or more shall be provided as required by the Zoning Administrator or by the Planning Commission.
(Code 1965, § 10415; Ord. No. 241; Ord. No. 1061; Ord. No. 06-14)
(b) Exterior side yard. Same as front setback.
(Code 1965, § 10415; Ord. No. 1061)
(c) Interior side yard. Interior side yard setbacks shall be required for commercial uses depending on the land use designation affecting the abutting property by zoning or by designation on the General Plan or in a specific plan. Abutting:
(Code 1965, § 10415; Ord. No. 241; Ord. No. 1061)
(1) Commercial districts: None, provided building design meets with Design Review Board approval;
(Code 1965, § 10415; Ord. No. 1061)
(2) Industrial districts: None, provided building design meets with Design Review Board approval;
(Code 1965, § 10415; Ord. No. 1061)
(3) Office districts: Ten feet;
(Code 1965, § 10415; Ord. No. 1061)
(4) Single-family, duplex, and multiple residential districts: Shall be computed on the basis of three feet for each foot of building height up to a maximum of 60 feet; provided, however, that a minimum of 15 feet may be allowed, subject to conformance with the following conditions:
(Code 1965, § 10415; Ord. No. 1061)
a. The commercial building height is 12 feet or less in relation to the adjacent residential use;
(Code 1965, § 10415; Ord. No. 1061)
b. No vehicular access, loading or unloading, formal entry, nor storage of merchandise, garbage, waste, refuse, containers, pallets or other material shall be permitted in the setback area; and
(Code 1965, § 10415; Ord. No. 1061)
c. A minimum ten-foot-wide planter shall be provided along the property line, with tree screening a minimum of ten feet in height when planted.
(Code 1965, § 10415; Ord. No. 1061)
For other uses, the setbacks shall be as required in the normally related zoning district.
(Code 1965, § 10415; Ord. No. 1061)
(d) Rear yard. Same as interior side yard.
(Code 1965, § 10415; Ord. No. 241; Ord. No. 1061)
Sec. 122-498. Transitional design requirements.
In each case where commercial, office, or institutional uses are proposed for development on property which is adjacent to land that is:
(Code 1965, § 10416; Ord. No. 1061)
(1) Zoned single-family, duplex, or multiple residential; or
(Code 1965, § 10416; Ord. No. 1061; Ord. No. 06-14)
(2) Shown on the General Plan or on a specific plan for any residential use, then such proposed development shall take place in accordance with the following standards:
(Code 1965, § 10416; Ord. No. 1061)
a. A six-foot solid wall of a design acceptable to the Zoning Administrator shall be constructed along the adjoining property line; a higher wall may be required in high noise areas;
(Code 1965, § 10416; Ord. No. 1061)
b. Interior side yard and rear yard setbacks shall be as set forth in the preceding section;
(Code 1965, § 10416; Ord. No. 1061)
c. Landscaping in accordance with the following section of this division.
(Code 1965, § 10416; Ord. No. 1061)
Sec. 122-499. Landscaping and site development standards.
(a) General landscaping requirements; street trees. All setback areas along public right-of-way, as well as other open areas throughout the project related to the building, perimeter of the site, and the parking areas shall be landscaped in accordance with a plan approved by the Design Review Board. Street trees of a species and size approved by the Parks Department shall be planted at a minimum of 30-foot intervals and be a minimum of six feet in height when planted. There shall be an average of ten feet of landscaping between parking areas and public right-of-way, with configuration as may be approved by the Zoning Administrator and Design Review Board.
(Code 1965, § 10417; Ord. No. 1061)
(b) Transitional design landscaping requirements. Where transitional design is required (see section 122-498), a tree screen of species acceptable to the Design Review Board shall be planted at 15-foot intervals or other spacing as may be approved by the Design Review Board; size of plants shall be as required by the Design Review Board, but in no case shall they be less than six feet in height when planted.
(Code 1965, § 10417; Ord. No. 1061)
(c) Tree wells. Tree wells shall be placed in parking bays so that they are located at least every four spaces, 36 feet on center or other appropriate spacing as may be approved by the Zoning Administrator or Design Review Board.
(Code 1965, § 10417; Ord. No. 1061)
(d) Irrigation and maintenance standards.
(1) A sprinkler system shall be installed throughout commonly held landscaped areas and all landscaping shall be maintained in a healthy and thriving weed-free condition. In planned developments, condominiums, and similar projects with land owned in common with the residents, recorded agreements (CC&Rs) ensuring the continued maintenance of the landscaping of commonly owned facilities shall be approved by the city. For all other projects, a recorded landscape maintenance agreement with the city shall be required.
(Code 1965, § 10417; Ord. No. 1061; Ord. No. 06-14)
(2) The lot or total site area shall be kept in a neat and orderly manner, free of loose trash, debris, or other litter.
(Code 1965, § 10417; Ord. No. 1061; Ord. No. 06-14)
(3) Building exteriors and signs or other graphics shall be kept in a good state of repair and their exterior finish shall be well maintained.
(Code 1965, § 10417; Ord. No. 1061; Ord. No. 06-14)
(e) Trash.
(1) Outdoor collection, storage, or stacking of non-containerized trash, empty boxes, paper, etc. is prohibited.
(Code 1965, § 10417; Ord. No. 1061; Ord. No. 06-14)
(2) Projects may be required to have enclosed trash enclosures with a roof and walls of materials which are compatible in color, texture, and appearance with the main structure. Such enclosure shall have an opaque gate which shall be similarly compatible in material and which shall have an opening sufficient to permit removal and replacement of standard commercial size trash bins. The gate shall be kept closed, except when placing trash in the bins or when removing or replacing the bins.
(Code 1965, § 10417; Ord. No. 1061; Ord. No. 06-14)
(f) Lighting. All exterior lighting shall be approved by the Design Review Board and shall be directed or shielded so as to prevent any glare onto any roadways and so as to not spill onto adjacent properties, especially those of a residential character.
(Code 1965, § 10417; Ord. No. 1061)
(g) Noise. Areas of significant potential noise generation, e.g., loading docks, truck parking areas, garbage and trash collection, and storage areas, etc., shall be so designed that adjacent properties, especially those of a residential character, will not be adversely affected by sound.
(Code 1965, § 10417; Ord. No. 1061)
(h) Condominiums, stock cooperatives, and similar developments. In addition to the development standards set forth in this division, condominiums, stock cooperatives, and similar developments shall comply with the development standards set forth in Chapter 94, Article VI, Division 1, commencing at section 94-160.
(Ord. No. 06-14)
(i) Other multi-family developments. In addition to the development standards set forth in this division, other multi-family developments shall comply with the provisions of section 94-160, except subsections (8), (9), and (10), and sections 94-162 and 94-166.
(Ord. No. 06-14)
Secs. 122-500--122-520. Reserved.
DIVISION 10. SC SERVICE COMMERCIAL DISTRICT*
__________
*Cross references: Businesses and business regulations, ch. 18.
__________
Sec. 122-521. Description and purpose.
The Service Commercial District is designed primarily for retail establishments engaged in activities related to the automobile. Other commercial uses rendering service to equipment, materials, and products are also permitted, provided all activities are within a fully enclosed building, except those uses that are customarily conducted in the open, such as used car sales.
(Code 1965, § 10431; Ord. No. 725)
(a) Automobile sales and service, blueprint and photostat shops, boat sales and services, electrical repair shops, glass shops, household repair shops, laboratories, plumbing shops, radio and television repair, sheetmetal shops, shoe repair shops, stone and masonry sales, tire sales, trailer sales and service, used car sales.
(Code 1965, § 10432; Ord. No. 725)
(b) Incidental and accessory structures and uses on the same site with and necessary for the operation of a permitted use.
(Code 1965, § 10432; Ord. No. 725)
Sec. 122-523. Uses permitted, subject to obtaining use permit.
(a) Automobile washing facilities.
(Code 1965, § 10433; Ord. No. 725)
(b) Automobile repairing, overhauling, rebuilding, and painting.
(Code 1965, § 10433; Ord. No. 725)
(c) Public buildings and grounds.
(Code 1965, § 10433; Ord. No. 725)
(d) Lumberyards.
(Code 1965, § 10433; Ord. No. 725)
(e) Private recreation facilities, such as a golf course or driving range.
(Code 1965, § 10433; Ord. No. 725)
(f) Contractors' offices and yards.
(Code 1965, § 10433; Ord. No. 725)
(g) Public utility and public service uses.
(Code 1965, § 10433; Ord. No. 725)
(h) Other uses which the Planning Commission determines to be suitable for the area.
(Code 1965, § 10433; Ord. No. 725)
Sec. 122-524. Child care facilities.
Subject to the limitations set forth in section 122-742(j) of this Code, child care facilities may be permitted.
(Code 1965, § 10433.1; Ord. No. 1126)
A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10433.2; Ord. No. 95-5)
Sec. 122-526. Required conditions.
The following conditions shall be required of all uses in the Service Commercial District:
(Code 1965, § 10434; Ord. No. 725)
(1) Open storage of materials and equipment shall be permitted only within an area surrounded by a masonry wall, not less than six feet in height, provided that the wall shall not be located in any required front, side, or rear yard and provided further that no materials or equipment shall be stored to a height greater than that of the wall;
(Code 1965, § 10434; Ord. No. 725)
(2) All parking and service areas shall be paved and adequately screened from any adjacent residential use;
(Code 1965, § 10434; Ord. No. 725)
(3) Landscaping plan submitted to and approved by the Planning Department. Plan shall include peripheral tree planting with evergreen trees at 20-foot intervals or at such other intervals as the Planning Department for good cause permits.
(Code 1965, § 10434; Ord. No. 725)
Sec. 122-527. Building height limit.
Maximum height of any building: 35 feet, provided that additional height may be permitted if a use permit is first secured.
(Code 1965, § 10435; Ord. No. 725)
Sec. 122-528. Building site area required.
For each main building: Minimum of 10,000 square feet.
(Code 1965, § 10436; Ord. No. 725)
(a) Front yard. Fifteen feet. Front yard is not to be used for parking, but shall be planted and maintained with lawn, shrubs, or trees, permitting only necessary walks and driveways, when fronting on a public thoroughfare.
(Code 1965, § 10437; Ord. No. 725)
(b) Side yard. None.
(Code 1965, § 10437; Ord. No. 725; Ord. No. 803; Ord. No. 83-26)
(c) Rear yard. None.
(Code 1965, § 10437; Ord. No. 725)
(d) Yards generally. Whenever a use is established adjacent to a residential zone or use, the plot plan shall be as approved by the Commission through architectural review, or the Planning Department when architectural review is not required by the Commission.
(Code 1965, § 10437; Ord. No. 725)
Illumination of signs, facades, buildings, parking areas, and loading and unloading facilities shall be so arranged as to eliminate glare from roadways and streets, and shall be directed away from properties lying outside the district.
(Code 1965, § 10438; Ord. No. 725)
Secs. 122-531--122-550. Reserved.
DIVISION 11. SLI SPECIAL LIGHT INDUSTRIAL DISTRICT*
__________
*Cross references: Businesses and business regulations, ch. 18.
__________
Sec. 122-551. Description and purpose.
(a) The purpose of the Special Light Industrial District is to provide for orderly growth in accordance with the General Plan of the city by allowing industry and related uses. Specifically, due to locational characteristics of some industrial areas within the city's planning area, the district is to provide for light industrial, wholesale, and limited retail activities, as defined herein, and offices in conjunction with above uses, some of which may be prohibited in other industrial districts of the city. The development regulations and performance standards for the district are to provide quality developments, especially along major entrance arterials, to the city and help mitigate land use conflict between older, open storage of heavy equipment and newer, enclosed light industrial buildings. The district shall also provide for the care and rehabilitation facility for alcohol detoxification.
(Code 1965, § 10470; Ord. No. 1037; Ord. No. 1174)
(b) Special land use, development, and aesthetic considerations will be given to properties along major arterials to the city, especially due to their strong visual impact as entrance boulevards. No open storage uses, such as contractors' yards, will be allowed on these arterial streets. Showroom and sales operations, customer service, public, or quasipublic uses, such as offices in conjunction with industrial and manufacturing uses, limited recreational and service centers under strict development and performance standards should be considered for these special locations within the zoning district.
(Code 1965, § 10470; Ord. No. 1037; Ord. No. 1174)
Sec. 122-552. Uses permitted and prohibited.
(a) Uses permitted.
(1) Any light industrial or manufacturing uses, conducted wholly within a completely enclosed building.
(Code 1965, § 10471; Ord. No. 1037)
(2) Warehousing storage or wholesaling of goods, materials, liquids, and equipment conducted wholly within a completely enclosed building.
(Code 1965, § 10471; Ord. No. 1037)
(3) Office buildings and administrative offices and activities related to above uses in conjunction with storage and/or warehousing facilities.
(Code 1965, § 10471; Ord. No. 1037)
(b) Uses permitted, subject to securing Zoning Administrator's permit.
(1) Outdoor storage of materials, products, or equipment used in conjunction with, or incidental to, permitted light industrial or warehousing uses, subject to perimeter landscaping and fencing requirements.
(Code 1965, § 10471; Ord. No. 1037)
(2) Animal hospitals with kennels and boarding facilities.
(Code 1965, § 10471; Ord. No. 1037)
(3) Commercial recreational establishments. Facilities provided may include limited sale of food and beverages but no restaurants as defined in this Code.
(Code 1965, § 10471; Ord. No. 1037)
(4) a. Retail establishments for sale of bulk goods, case goods, and services (e.g., autos, trucks, equipment, and group purchasing outlets), and other retail uses not oriented to pedestrians and not including retail outlets for convenience and/or comparison shopping.
(Code 1965, § 10471; Ord. No. 1037)
b. Examples: Convenience items include food, liquor, drugs, and certain variety store goods supplemented by personal services like laundry, dry cleaning, barbering, shoe repair, etc., desired on a day-to-day basis. Comparison goods are those items such as clothing, furniture, appliances, specialty shop goods, etc., that are bought less frequently and are often compared in price.
(Code 1965, § 10471; Ord. No. 1037)
(5) Wholesalers' and distributors' display rooms in conjunction with warehousing and storage facilities.
(Code 1965, § 10471; Ord. No. 1037)
(6) Interim uses for periods up to one year (e.g., outside storage of heavy equipment and materials) not prohibited in subsection (d) below. Extensions of time may be granted upon request and proven need where not in conflict with existing or approved neighboring uses.
(Code 1965, § 10471; Ord. No. 1037)
(7) Recycling centers when conducted in a building.
(Code 1965, § 10471; Ord. No. 1037)
(8) Application for a permit under this section shall be made on a form prescribed by the Planning Director and shall be accompanied by the fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10471; Ord. No. 1078; Ord. No. 85-9)
(c) Uses permitted, subject to securing conditional use permit.
(1) Contractors' storage yards.
(Code 1965, § 10471; Ord. No. 1037)
(2) Trucking, truck storage, motor freight terminals.
(Code 1965, § 10471; Ord. No. 1037)
(3) Building materials, storage, and wholesaling facilities, including aggregate, asphalt, and concrete products.
(Code 1965, § 10471; Ord. No. 1037)
(4) Coffee shops and takeout restaurants, as defined in section 122-4 of this Code, provided that the applicant demonstrates the need for such a use based on employment in the vicinity of the site. The Planning Commission may limit the hours to ensure that the use serves development in the vicinity of the site.
(Code 1965, § 10471; Ord. No. 1037; Ord. No. 84-26)
(5) Commercial service centers providing automobile and vehicle parts, detailing, and service.
(Code 1965, § 10471; Ord. No. 1037)
(6) Ice, feed, and fuel stores and yards.
(Code 1965, § 10471; Ord. No. 1037)
(7) Care and rehabilitation facility for alcohol detoxification for limited stays not including ongoing care or treatment.
(Code 1965, § 10471; Ord. No. 1174)
(8) A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10471; Ord. No. 95-5)
a. Factors for approving or denying conditional use permit. The approving body in considering whether to approve or deny a use permit for a check casher or check cashing business may consider the following factors, including but not limited to:
(Code 1965, § 10471; Ord. No. 95-5)
1. Availability of adequate parking;
(Code 1965, § 10471; Ord. No. 95-5)
2. Traffic patterns and circulation;
(Code 1965, § 10471; Ord. No. 95-5)
3. Days and hours of operation;
(Code 1965, § 10471; Ord. No. 95-5)
4. Proximity to existing check cashing businesses;
(Code 1965, § 10471; Ord. No. 95-5)
5. Proximity to property designated on the General Plan land use diagram or zoning map for residential land uses or occupied by residential land uses, schools, preschools, child care facilities, day care facilities, or other land uses determined to be sensitive in nature by the approving body;
(Code 1965, § 10471; Ord. No. 95-5)
6. Potential for criminal activity;
(Code 1965, § 10471; Ord. No. 95-5)
7. Potential for loitering.
(Code 1965, § 10471; Ord. No. 95-5)
b. Pre-existing uses. A check casher or check cashing business in existence before the effective date of this section shall be subject to the provisions of section 122-745 of this Code relating to nonconforming uses.
(Code 1965, § 10471; Ord. No. 95-5)
c. Proof of state permit. Prior to a new check casher or check cashing business commencing operations and within 90 days from the date of adoption of this section, existing check cashers or check cashing businesses shall provide the city written verification from the state Department of Justice indicating authorization to engage in such business. A copy of the Department of Justice permit renewals must be submitted annually to the city. Failure to provide such documentation may be grounds for the Planning Commission to conduct a public hearing to consider terminating a use permit granted under this chapter and/or referring this matter to the appropriate law enforcement agency.
(Code 1965, § 10471; Ord. No. 95-5)
(d) Prohibited uses. The following uses are prohibited in the SLI District:
(Code 1965, § 10471; Ord. No. 1037)
(1) Automobile wrecking and/or dismantling facilities if visible from a freeway or major arterial street;
(Code 1965, § 10471; Ord. No. 1037)
(2) Junkyards, storage or baling of scraps, paper, rags, sacks, or metals, not including recycling centers conducted inside a building;
(Code 1965, § 10471; Ord. No. 1037)
(3) Residential buildings;
(Code 1965, § 10471; Ord. No. 1037)
(4) Occupancy of mobile homes and mobile home parks, except facilities used for housing necessary night watchpersons;
(Code 1965, § 10471; Ord. No. 1037)
(5) Open storage of heavy equipment, building materials, contractors, yards, etc., along major arterials entering the city.
(Code 1965, § 10471; Ord. No. 1037)
Sec. 122-553. Child care facilities.
Subject to the limitations set forth in section 122-742(j) of this Code, child care facilities may be permitted.
(Code 1965, § 10471.1; Ord. No. 1126)
Sec. 122-554. Development standards.
(a) Building site area and width required. Minimum lot area of 20,000 square feet and minimum lot width of 100 feet. Larger lots created by subdivision or amalgamation of existing parcels is encouraged to give more flexibility in planning and development of sites.
(Code 1965, § 10472; Ord. No. 1037)
(b) Building height limit. Maximum height of any buildings: 35 feet; provided, however, that the county Airport Land Use Commission may regulate a lesser height if site is within an airport clear zone.
(Code 1965, § 10472; Ord. No. 1037)
(c) Yards required.
(1) Front. Minimum front yard setback of 15 feet on interior streets and 30 feet on major arterials for structures up to 20 feet in height. Greater front yard setback for higher buildings will be required according to the following: Add one additional foot to appropriate front yard setback required above for each additional one foot in building height over 20 feet; provided, however, that parking areas may be allowed in the area as provided in subsection (f) below.
(Code 1965, § 10472; Ord. No. 1037)
(2) Exterior side yards. Same as front setback required for either a major arterial or minor street.
(Code 1965, § 10472; Ord. No. 1037)
(3) Interior side yards. Aggregate of 20 feet, provided that a building may be built on the property line on one side.
(Code 1965, § 10472; Ord. No. 1037)
(4) Rear. None, except where a lot backs up to a public street, in which case the required front setback and landscaping will be required on both frontages.
(Code 1965, § 10472; Ord. No. 1037)
(d) Sidewalks. Sidewalks four feet six inches from face of curb (monolithic) to be provided by developers on streets other than arterials. On arterials, width and location of sidewalks and planter strips shall be determined by the city.
(Code 1965, § 10472; Ord. No. 1037)
(e) Off-street parking and truck loading facilities. Compliance with the city off-street parking and truck loading ordinance shall be required subject to design review. No loading dock shall be constructed fronting on any public street or roadway, unless such loading dock, and every part thereof, is 60 feet or more from the nearest right-of-way line of the street on which said loading dock fronts.
(Code 1965, § 10472; Ord. No. 1037)
(f) Landscaping. Minimum front and exterior side yard setbacks to be fully landscaped or provide a 15-foot landscaped area between the property line and parking area fronting major arterials and ten feet fronting interior streets, provided a total of 25 feet of landscaping is installed between sidewalk and building along major arterials and 15 feet on interior streets (see attached diagrams [at the end of this section]), and provide tree wells every six parking spaces and at end of parking bays. This landscaped area containing lawn, trees, or shrubs and minimum necessary walkways and driveways shall not be used for automobile parking. All properties located on perimeter of zoning district shall have a perimeter tree screen with trees a minimum of 20 feet on centers. A landscaping plan shall be submitted for approval by the Design Review Board. Additional landscaping may be required, especially along the perimeters of industrial lands that border conflicting land uses, such as a busy freeway. An irrigation system shall be installed in all planting areas, and all required landscaping shall be maintained in a healthy, thriving, weed-free condition.
(Code 1965, § 10472; Ord. No. 1037)
(g) Open storage areas. All equipment and material storage areas shall be screened from public right-of-way by fences and adequate plantings of not less than six feet in height, and in no case shall materials be permanently stacked or stored so as to exceed the height of the fence so that they are visible from a public street. The perimeter of all storage areas to be planted with a tree screen (all trees to be a fast-growing variety). No open storage yards to be allowed adjacent to major arterials as defined in the General Plan unless located completely behind a main structure and properly screened and landscaped.
(Code 1965, § 10472; Ord. No. 1037)
(h) Standards for mitigation of offensive activities. The following development and performance standards are to be used to control and mitigate offensive activities. These standards will be required of all new development and should take the following form:
(Code 1965, § 10472; Ord. No. 1037)
(1) Air pollution. All uses shall comply with regulations of the San Francisco Bay Area Air Pollution Control District. In addition, no use shall be permitted which creates a noxious odor beyond the boundaries of the site;
(Code 1965, § 10472; Ord. No. 1037)
(2) Noise. No use shall be permitted which creates ambient noise level greater than 65 decibels beyond the boundaries of the site;
(Code 1965, § 10472; Ord. No. 1037)
(3) Vibration, heat, glare, or electrical disturbance. No use shall be permitted which creates vibrations, heat, glare, or electrical disturbances beyond the boundaries of the site. Specifically, lights used to illuminate buildings, structures, uses, or parking and loading areas shall not be directly visible from any public right-of-way or Buchanan Field Airport clear zones, thereby causing an air navigational hazard;
(Code 1965, § 10472; Ord. No. 1037)
(4) Fire and explosion. All uses shall provide adequate safety devices against fire, explosion, and other hazards and adequate firefighting and fire suppression equipment;
(Code 1965, § 10472; Ord. No. 1037)
(5) Solid and liquid wastes. No solid or liquid waste discharges, other than into a public sewage disposal system, shall be permitted;
(Code 1965, § 10472; Ord. No. 1037)
(6) Soundproofing. Minimum soundproofing shall be required in buildings affected by noise generated by major thoroughfares, freeways, and airplanes using Buchanan Field.
(Code 1965, § 10472; Ord. No. 1037)
Secs. 122-555--122-570. Reserved.
GRAPHIC LINK: Landscaping Diagram
DIVISION 12. DBD DOWNTOWN BUSINESS DISTRICT*
__________
*Cross references: Businesses and business regulations, ch. 18.
__________
Sec. 122-571. Intent and purpose.
The city has adopted a plan known as the "Central Concord Redevelopment Plan" for an area of Central Concord which includes Todos Santos Plaza, the Bay Area Rapid Transit District (BARTD) station, and the Concord Shopping Center. The principal objective of the redevelopment plan is to establish the project area as the center of the community in symbolic, functional, and economic terms. The purpose of this division is to provide regulations and procedures which will direct land use and development in the Downtown Business District toward the realization of the objectives of the redevelopment plan.
(Code 1965, § 10480; Ord. No. 1084; Ord. No. 85-22)
Sec. 122-572. Conformity to redevelopment plan.
All development within this district shall conform with the Central Concord Redevelopment Plan and Land Use Map, except at certain properties within the district which are not within the boundaries of the Central Concord Redevelopment Project Area and for which the plan and map do not designate a land use.
(Code 1965, § 10481; Ord. No. 85-22)
Sec. 122-573. Uses permitted and approval procedures.
(a) Uses permitted. Uses in existing and new structures may be allowed in the Downtown Business District (DBD) as shown on Map A, which is included herein [at the end of this division] as exhibit A and made a part of this section by reference. The land use categories specified on the map shall include the following uses:
(Code 1965, § 10482; Ord. No. 85-22)
(1) Commercial.
a. Ground floor. Retail stores (including, when developed as an integral part of a larger structure, restaurants that function in whole or in part as takeout restaurants, as defined in section 122-4 of this Code, and gasoline stations, provided that any such uses may not occupy more than ten percent of the gross floor area, excluding any space used for parking, of the larger structure; and not including drive-through facilities and/or motor vehicle service or repair businesses, both of which are prohibited, except as provided in special regulation subsection c.2 below), personal service businesses and offices (including travel agents, barbers and beauticians, real estate agents, and other businesses involving substantial pedestrian traffic on a daily basis and providing services to customers as the primary activity), restaurants and other eating places, places of entertainment and cultural events, and hotels.
(Code 1965, § 10482; Ord. No. 85-22)
b. Floors above ground floor. All ground floor uses, plus public buildings and facilities, religious and nonprofit uses, other offices and residences.
(Code 1965, § 10482; Ord. No. 85-22)
c. Special regulations.
1. Existing major food stores (retail businesses selling mainly food items in buildings of 15,000 square feet or more). These developments provide essential services to present and anticipated residents of the Downtown, and the need for such services will not decrease as the area is redeveloped. Therefore, such uses should be maintained at or near existing sites. It is not necessary that the existing tenants or buildings be maintained. However, any redevelopment of these sites shall not reduce the total gross floor area available and usable for such businesses within this district.
(Code 1965, § 10482; Ord. No. 85-22)
2. Motor vehicle service or repair. Notwithstanding subsection a above, freestanding gasoline stations and motor vehicle service or repair businesses may be allowed at parcels facing on Market Street, Concord Avenue (west of Central Street), and the west side of Fremont Street, subject to the discretion of the approving body. The retail sale of motor vehicles may also be allowed at parcels facing on Market Street, subject to the discretion of the approving body.
(Code 1965, § 10482; Ord. No. 85-22; Ord. No. 88-26)
3. Outdoor cafes. Notwithstanding any other provision of this Code, a sidewalk cafe may be permitted to operate on private property within the area of the Downtown Business District described in section 90-164 of this Code and in connection with the consumption of food and beverages sold to the public from or in an adjoining indoor food-serving establishment. An outdoor cafe may be permitted on private property only upon obtaining an administrative approval from the Planning Manager. The Planning Manager may impose such conditions as he deems necessary to assure maintenance of public safety and welfare. Food-serving establishments with an administrative approval for an outdoor cafe are not required to provide additional parking provided that the additional seating for the outdoor cafe does not exceed 50 percent of the indoor seating capacity.
(Code 1965, § 10482; Ord. No. 94-9; Ord. No. 06-14)
(2) Office.
a. Ground floor. Offices, restaurants and other eating places (except that restaurants that function in whole or in part as takeout restaurants, as defined in section 122-4 of this Code, shall be permitted only when developed as an integral part of a larger structure, provided that any such use may not occupy more than ten percent of the gross floor area, excluding any space used for parking, of the larger structure), religious and nonprofit uses, and public facilities and buildings.
(Code 1965, § 10482; Ord. No. 85-22)
b. Floors above ground floor. All ground floor uses, plus commercial uses (as defined above) and residences.
(Code 1965, § 10482; Ord. No. 85-22)
(3) Residential. The ground floor and all upper floors of buildings at these sites shall be developed with residential uses, with the exception of the portions of ground floor, which may include uses allowed at the ground floor of commercial blocks, provided that nonresidential uses shall not exceed five percent of the project site area and that the gross floor area of any single lease space shall not exceed 5,000 square feet.
(Code 1965, § 10482; Ord. No. 85-22)
(4) Commercial/residential. Commercial or residential uses, as defined above.
(Code 1965, § 10482; Ord. No. 85-22)
(5) BARTD parking lots. The parking lots on both sides of the station may be used for parking and may also contain pedestrian facilities, fountains, landscaping, information booths or kiosks, and civic uses, such as art centers, theaters, or assembly space. Either lot may also be developed with a parking structure.
(Code 1965, § 10482; Ord. No. 85-22)
(6) Open space. Todos Santos Plaza and other public open space areas shall be used and maintained in a manner consistent with the goals of the redevelopment plan and as a public resource available to all segments of the community.
(Code 1965, § 10482; Ord. No. 85-22)
(b) Approval procedures. New uses or occupancies may be permitted in this district, subject to the following procedures:
(Code 1965, § 10482; Ord. No. 85-22)
(1) Any use or occupancy listed in subsection (a) above, in an existing building where no increase in gross floor area is proposed, may be approved by the Zoning Administrator pursuant to section 122-52 provided that:
(Code 1965, § 10482; Ord. No. 85-22; Ord. No. 92-24)
a. The use will be fully contained within an existing building or buildings;
(Code 1965, § 10482; Ord. No. 85-22; Ord. No. 92-24)
b. Parking requirements, as set forth in section 122-848 of this Code, are met but not exceeded.
(Code 1965, § 10482; Ord. No. 85-22; Ord. No. 92-24)
(2) Any use or occupancy listed in subsection (a) above, where new construction is proposed which will have a maximum height of under 30 feet and parking requirements as set forth in section 122-848 are met but not exceeded, may be permitted, subject to first securing a Zoning Administrator's permit pursuant to section 122-53.
(Code 1965, § 10482; Ord. No. 85-22; Ord. No. 92-24)
(3) The Zoning Administrator may refer any application for occupancy under subsections (1) and (2) above to the Planning Commission. A public hearing shall be held on any referred application, notice for which shall be provided as required by section 122-747(b) of this Code.
(Code 1965, § 10482; Ord. No. 85-22)
(4) The following uses may be permitted, subject to first securing a use permit:
(Code 1965, § 10482; Ord. No. 85-22)
a. Any use or occupancy listed in subsection (a) above, where new construction is proposed which will have a maximum height of 30 feet or more;
(Code 1965, § 10482; Ord. No. 85-22)
b. Any use that includes parking facilities that exceed the requirements of section 122-848 of this Code;
(Code 1965, § 10482; Ord. No. 85-22)
c. Parking facilities as the principal use of any property.
(Code 1965, § 10482; Ord. No. 85-22)
(c) Interim uses. Uses or occupancies other than those shown on Map A and defined in subsection (a) of this section may be permitted by obtaining a use permit for a specified interim period, which in no case shall exceed five years and shall be subject to the approval procedures set forth in subsection (b) of this section, provided that:
(Code 1965, § 10482; Ord. No. 88-1)
(1) There is no increase in the gross floor area of any buildings on improved properties;
(Code 1965, § 10482; Ord. No. 88-1)
(2) Unimproved properties shall be approved only for uses which do not require permanent structures.
(Code 1965, § 10482; Ord. No. 88-1)
(3) The approving body may grant the use after making the findings set forth in section 122-76(a), in addition to the following findings:
(Code 1965, § 10482; Ord. No. 88-1)
a. There are specific characteristics of the site, such as parcel size, the condition of existing improvements, or access, which make it ill-suited, for all or part of the next five years, to the use designated in subsection (a) of this section;
(Code 1965, § 10482; Ord. No. 88-1)
b. Prevailing economic conditions or redevelopment program priorities do not support immediate efforts to establish the designated use;
(Code 1965, § 10482; Ord. No. 88-1)
c. The proposed interim use will not be an impediment to development of designated uses on abutting or nearby properties.
(Code 1965, § 10482; Ord. No. 88-1)
(4) The approving body may impose any conditions it deems appropriate to the use in accordance with section 122-76(b). Among the conditions of approval shall be a requirement for annual review.
(Code 1965, § 10482; Ord. No. 88-1)
(5) If the approving body decides not to extend the use permit, then the owner/tenant of the interim use shall have 30 days from the decision of the approving body to remove the previously approved interim use from the property or otherwise terminate the continued use of the property by or for such interim use.
(Code 1965, § 10482; Ord. No. 88-1)
(d) Public facilities. Public uses and occupancies such as, but not limited to, city, county, and special district sponsored museums, libraries, courts, art galleries, and police facilities not specifically designated on Map A may be permitted, subject to the approval procedures of subsection (b) of this section.
(Code 1965, § 10482; Ord. No. 91-7)
Sec. 122-574. Child care facilities.
Subject to section 122-742(j) of this Code, child care facilities may be permitted.
(Code 1965, § 10483; Ord. No. 85-22)
A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10483.1; Ord. No. 95-5)
Sec. 122-576. Development standards.
(a) Height. The height of any structure shall not exceed the maximum heights as set forth on Map B, entitled "Maximum Building Heights," which is included herein [at the end of this division] and made a part of this division by reference.
(Code 1965, § 10484; Ord. No. 85-22)
(b) Minimum and maximum setbacks.
(1) Within this district, structures shall be located the following distances from property lines that adjoin public streets; these distances shall be both maximum and minimum setbacks for all new construction:
(Code 1965, § 10484; Ord. No. 85-22)
TABLE INSET:
Location |
Distance | |
|---|---|---|
| a. | Concord Avenue | 20 feet |
| b. | Galindo Street | 20 feet |
| c. | Oakland Avenue | 20 feet |
| d. | Clayton Road: | |
| West of Mira Vista Terrace | 25 feet | |
| Mira Vista Terrace to Oakland Avenue | 10 feet | |
| East of Oakland Avenue | 15 feet | |
| e. | Concord Boulevard | 10 feet |
| f. | Colfax Street | 10 feet |
| g. | East Street | 10 feet |
| h. | Pacheco Street | 10 feet |
| i. | Port Chicago Highway | 10 feet |
| j. | Oak Street | 10 feet |
| k. | Park Street | 10 feet |
| l. | Mt. Diablo Street: | |
| Pacheco Street to Oak Street | 0 feet | |
| South of Oak Street | 10 feet | |
| m. | Salvio Street: | |
| West of Colfax Street | 0 feet | |
| East of Colfax Street | 10 feet | |
| n. | Sunset Street | 10 feet |
| o. | Willow Pass Road: | |
| West of Mira Vista Terrace | 25 feet | |
| Mira Vista Terrace to Galindo Street | 10 feet | |
| Galindo Street to East Street | 0 feet | |
| East of East Street | 10 feet | |
| p. | Grant Street: | |
| South of Pacheco Street | 0 feet | |
| q. | All other streets and unnamed blocks | 15 feet |
(Code 1965, § 10484; Ord. No. 85-22)
(2) Setbacks from property lines that do not adjoin public streets shall be as required by the approving body.
(Code 1965, § 10484; Ord. No. 85-22)
(3) All setbacks shall be landscaped and/or designed in conformance with the Urban Design Guidelines, with the exception of necessary driveways.
(Code 1965, § 10484; Ord. No. 85-22)
(c) Intensity.
(1) All projects. The maximum ratio of gross floor area to net lot area (less any required dedications) for all projects (including projects containing residences) shall be as specified on Map C, entitled "Maximum Floor Area Ratios," which is incorporated herein [at the end of this division] and made a part of this division by reference. All enclosed floorspace shall be included in the calculation of the gross floor area, with the exception of parking areas and other areas intended for use by motor vehicles that have a finished floor elevation more than four feet below the average curb grade elevation at the perimeter of the project site. For the purpose of this paragraph, an enclosed space shall be any space fully surrounded by walls, doors, or windows and fully covered by a roof. For example, interior uncovered courtyards, patios, and breezeways shall not be counted as enclosed space.
(Code 1965, § 10484; Ord. No. 85-22)
(2) Exceptions. Community use facilities shall be exempt from the limitation stated in subsection (1) above. For the purpose of this exemption, a community use facility shall be space used for purposes or activities that benefit the public and promote the general welfare, and that is open to the public on a reasonable schedule. Community use facilities may include, but shall not be limited to:
(Code 1965, § 10484; Ord. No. 85-22)
a. Nonprofit museums, libraries, and art galleries;
(Code 1965, § 10484; Ord. No. 85-22)
b. Theaters providing live entertainment;
(Code 1965, § 10484; Ord. No. 85-22)
c. Atria and other interior plazas;
(Code 1965, § 10484; Ord. No. 85-22)
d. Meeting rooms available during evenings, weekends, and normal business hours for reservation by civic or nonprofit groups;
(Code 1965, § 10484; Ord. No. 85-22)
e. Coordination and/or promotion of efforts to reduce the use of single-occupant automobiles;
(Code 1965, § 10484; Ord. No. 85-22)
f. Day care.
(Code 1965, § 10484; Ord. No. 85-22)
(3) Residential projects. The maximum density of dwelling units at a residential project shall be 100 units per acre, provided that residential projects for senior citizens may exceed this density.
(Code 1965, § 10484; Ord. No. 85-22)
(d) Off-street loading space. Provision shall be made for off-street loading space as may be appropriate to the use. Joint use of loading areas should be encouraged, and loading areas shall be screened and/or landscaped as may be acceptable to the approving body.
(Code 1965, § 10484; Ord. No. 85-22)
(e) Building site area.
(1) The minimum site area for new development, including the expansion of existing structures or uses, shall be 25,000 square feet, provided that this limitation shall not apply to: (a) any existing parcel in the area bounded by Concord Boulevard, Galindo Street, Salvio Street, the proposed extension of Mira Vista Terrace, the proposed extension of Pacheco Street, Pacheco Street, and Port Chicago Highway; and (b) the area bounded by Harrison Street, Broadway Street, Fremont Street, and Concord Avenue, excepting therefrom parcels with frontage on Concord Avenue.
(Code 1965, § 10484; Ord. No. 85-22; Ord. No. 91-16)
(2) The minimum parcel size for any new subdivision shall be 25,000 square feet.
(Code 1965, § 10484; Ord. No. 85-22)
(f) Condominiums, stock cooperatives and similar developments. Condominiums, stock cooperatives, and similar developments shall comply with the development standards set forth in Chapter 94, Article VI, Division 1 in addition to the development standards set forth in this division;
(Ord. No. 06-14)
(g) Other multi-family residential developments. Other residential multi-family developments shall comply with, in addition to the development standards set forth in this Division, the development standard set forth in Chapter 94, Article VI, Division 1, section 94-160 except for subsections (8), (9), and (10), and sections 94-162, and 94-166.
(Ord. No. 06-14)
Secs. 122-577--122-600. Reserved.
GRAPHIC LINK: Map A - Land Use in the Downtown Business District (Section 122-573)
(Ord. No. 04-2)
GRAPHIC LINK: Amended Map A - amending "Office" to "Commercial Residential" for the property located at 1851 Galindo Street, APN 126-062-010 (Section 122-573)
(Ord. No. 04-2)
GRAPHIC LINK: Sec. 122-573 Amended Map A - amending "Office" to "Residential" for the property located at 2383 Salvio Street, APN 112-135-011
(Ord. No. 06-11)
GRAPHIC LINK: Map B
GRAPHIC LINK: Map C
DIVISION 13. LI LIGHT INDUSTRIAL DISTRICT*
__________
*Cross references: Businesses and business regulations, ch. 18.
__________
Sec. 122-601. Purpose and intent.
The purpose of the Light Industrial District is to provide orderly growth in accordance with the General Plan of the city. The legislative intent in establishing the Light Industrial District is to provide an area of adequate size to accommodate industrial, warehousing, and wholesale operations, as well as those related uses requiring outdoor storage of equipment and materials.
(Code 1965, § 10501; Ord. No. 486; Ord. No. 1219)
(a) Industrial, manufacturing, or warehousing uses when operated entirely within a building.
(Code 1965, § 10502; Ord. No. 486; Ord. No. 1219)
(b) Wholesale distribution facilities, not including any sales to the general public.
(Code 1965, § 10502; Ord. No. 486; Ord. No. 961; Ord. No. 1219)
(c) Administrative offices.
(Code 1965, § 10502; Ord. No. 486; Ord. No. 1219)
Sec. 122-603. Uses permitted, subject to securing use permit from Planning Commission.
(a) Any activity in which appurtenant equipment or materials are stored outdoors or in tanks, racks, bins, silos, or similar structures which are not enclosed within a building.
(Code 1965, § 10503; Ord. No. 486; Ord. No. 788; Ord. No. 961; Ord. No. 1219)
(b) Any use wherein the principal activity is the storage or dispatching of trucks, construction equipment, or similar equipment.
(Code 1965, § 10503; Ord. No. 486; Ord. No. 788; Ord. No. 961; Ord. No. 1219)
(c) All facilities of public agencies and utilities.
(Code 1965, § 10503; Ord. No. 486; Ord. No. 788; Ord. No. 961; Ord. No. 1219)
(d) Any use wherein the principal activity involves incineration that meets the requirements of the Bay Area Quality Management District.
(Code 1965, § 10503; Ord. No. 84-11)
(e) Coffee shops and takeout restaurants, as defined in section 122-4 of this Code, provided that the applicant demonstrates the need for such a use based on employment in the vicinity of the site. The Planning Commission may limit the hours to ensure that the use serves development in the vicinity of the site.
(Code 1965, § 10503; Ord. No. 84-26)
Sec. 122-604. Child care facilities.
Subject to the limitations set forth in section 122-742(j) of this Code, child care facilities may be permitted.
(Code 1965, § 10503.1; Ord. No. 1126; Ord. No. 1219)
A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10503.2; Ord. No. 95-5)
Sec. 122-606. Development standards.
(a) Lot area required. For each lot or parcel, a minimum of 10,000 square feet is required.
(Code 1965, § 10504; Ord. No. 486; Ord. No. 852; Ord. No. 1219)
(b) Building height limit. Maximum height of any building: 35 feet, provided that additional height may be permitted through the use permit procedure.
(Code 1965, § 10504; Ord. No. 486; Ord. No. 852; Ord. No. 1219)
(c) Setbacks.
(1) Front setback. Fifteen feet. Front yard setback is not to be used for parking, but shall be planted and maintained with lawn, shrubs, or trees, permitting only necessary walks and driveways, when fronting a public thoroughfare.
(Code 1965, § 10504; Ord. No. 486; Ord. No. 852; Ord. No. 1219)
(2) Exterior side yards. Same as front setback.
(Code 1965, § 10504; Ord. No. 773; Ord. No. 1219)
(3) Interior side yards. None.
(Code 1965, § 10504; Ord. No. 773; Ord. No. 1219)
(4) Rear yards. None, except where a lot backs up to a public street, in which case the required front setback and landscaping will be required on both frontages.
(Code 1965, § 10504; Ord. No. 486; Ord. No. 1219)
(d) Illumination. Signs, facades, buildings, parking areas, loading, unloading facilities, and all related lighting shall be designed and maintained in a manner which directs any glare away from roadways, streets, all properties located outside of the zoning district, and the Buchanan Field clear zones.
(Code 1965, § 10504; Ord. No. 486; Ord. No. 852; Ord. No. 1219)
(e) Off-street parking and truck loading facilities. Compliance with the city Parking Requirements Ordinance shall be required. No loading dock shall be constructed fronting on any public street or roadway, unless such loading dock, and every part thereof, is 60 feet or more from the nearest right-of-way line of the street on which said loading dock fronts.
(Code 1965, § 10504; Ord. No. 1219)
(f) Landscaping. Minimum front and exterior side yard setbacks to be fully landscaped to provide a 15-foot landscaped area between the property line and building or parking area, and provide tree wells every six parking spaces and at end of parking bays. This landscaped area containing lawns, trees, or shrubs and minimum necessary walkways and driveways shall not be used for automobile parking. All properties located on perimeter of zoning district shall have a perimeter tree screen, with trees a minimum of 20 feet on centers. A landscaping plan shall be submitted for approval by the Design Review Board. Additional landscaping may be required, especially along the perimeters of industrial lands that border conflicting land uses, such as a busy freeway. An irrigation system shall be installed in all planting areas, and all required landscaping shall be maintained in a healthy, thriving, weed-free condition. A recorded landscape maintenance agreement with the city shall be required for all new projects.
(Code 1965, § 10504; Ord. No. 1219)
(g) Open storage areas. All equipment and material storage areas shall be screened from public right-of-way by fences and adequate plantings of not less than six feet in height, and in no case shall materials be stacked or stored so as to exceed the height of the fence so that they are visible from a public street. The perimeter of all storage areas to be planted with a tree screen (all trees to be a fast-growing variety). No open storage yards to be allowed adjacent to major arterials as defined in the General Plan, unless located completely behind a main structure and properly screened and landscaped.
(Code 1965, § 10504; Ord. No. 1219)
(h) Use standards for mitigation of offensive activities. The following development and performance standards are to be used to control and mitigate offensive activities. These standards will be required of all new development and should take the following form:
(Code 1965, § 10504; Ord. No. 1219)
(1) Air quality. All uses shall comply with regulations of the San Francisco Bay Area Air Quality Management District. In addition, no use shall be permitted which creates a noxious odor beyond the boundaries of the site;
(Code 1965, § 10504; Ord. No. 1219)
(2) Noise. No use shall be permitted which creates ambient noise level greater than 55 dB(A) L10 beyond the boundaries of the site;
(Code 1965, § 10504; Ord. No. 1219)
(3) Vibration, heat, glare, or electrical disturbance. No use shall be permitted which creates vibrations, heat, glare, or electrical disturbances beyond the boundaries of the site. Specifically, lights used to illuminate buildings, structures, uses, or parking and loading areas shall not be directly visible from any public right-of-way nor interfere with Buchanan Field operations;
(Code 1965, § 10504; Ord. No. 1219)
(4) Fire and explosion. All uses shall provide adequate safety devices against fire, explosion, and other hazards and adequate firefighting and fire suppression equipment;
(Code 1965, § 10504; Ord. No. 1219)
(5) Solid and liquid wastes. No solid or liquid waste discharges, other than into a public sewage disposal system, shall be permitted.
(Code 1965, § 10504; Ord. No. 1219)
Secs. 122-607--122-630. Reserved.
DIVISION 14. PI PLANNED INDUSTRIAL DISTRICT*
__________
*Cross references: Businesses and business regulations, ch. 18.
__________
Sec. 122-631. Purpose and intent.
(a) This district is to be located according to the General Plan of the city. The regulations for this district are to encourage industrial development compatible with surrounding or abutting districts, and to provide high design standards, limited signing, significant setbacks and open space, landscaping, loading facilities, and parking areas. It is the legislative intent in establishing this district to achieve optimum utilization of areas devoted to industrial uses only.
(Code 1965, § 10511; Ord. No. 485; Ord. No. 879)
(b) The specific purpose of the Planned Industrial District is to provide the city with adequate acreage for industrial development and industrial employment to keep pace with future population growth with a resultant beneficial effect on its economic base.
(Code 1965, § 10511; Ord. No. 485)
Agricultural: Crop and tree farming, truck farming, horticulture, viticulture, grazing.
(Code 1965, § 10512; Ord. No. 485)
Sec. 122-633. Application for use permit.
Within the Planned Industrial District, no building, structure, or premises shall be used, and no building or structure shall be erected or altered, until and unless there shall have been filed with the Planning Department a written use permit application for approval of a contemplated use within said district, which application shall be accompanied by the following information:
(Code 1965, § 10513; Ord. No. 485; Ord. No. 687)
(1) A plot plan indicating the location of present and proposed buildings, driveways, parking lots, landscaped areas, and other necessary uses, together with a vicinity map.
(Code 1965, § 10513; Ord. No. 485)
(2) Preliminary architectural plans for the proposed building or buildings.
(Code 1965, § 10513; Ord. No. 485)
(3) An estimate of the maximum number of employees contemplated for the proposed development.
(Code 1965, § 10513; Ord. No. 485)
(4) A description of the industrial operations proposed in sufficient detail to indicate the effects of those operations in producing excessive auto and traffic congestion or problems of noise, glare, odor, sewerage, air pollution, water pollution, fire or safety, or other factors detrimental to the health, safety, and welfare of the area.
(Code 1965, § 10513; Ord. No. 485)
(5) Any other information the Planning Commission may request in order to adequately consider the effect that the proposed uses may have upon their environment and on the cost of providing municipal services to the area.
(Code 1965, § 10513; Ord. No. 485)
Sec. 122-634. Administrative approvals.
New uses or occupancies at existing buildings may be permitted, subject to the following requirements:
(Code 1965, § 10513.1; Ord. No. 93-6)
(1) Any use or occupancy listed as a permitted use in section 122-635, or compatible with those uses listed in section 122-635, which is proposed for an existing building for which a valid use permit is in effect, may be approved by the Zoning Administrator without public hearing or notification of nearby property owners, provided that:
(Code 1965, § 10513.1; Ord. No. 93-6)
a. The use will be fully contained within an existing building;
(Code 1965, § 10513.1; Ord. No. 93-6)
b. There will be no increase in gross floor area of the building; and
(Code 1965, § 10513.1; Ord. No. 93-6)
c. Parking requirements, as set forth in section 122-848 of this Code, are met.
(Code 1965, § 10513.1; Ord. No. 93-6)
(2) The Zoning Administrator may refer any application for use or occupancy approval under this section to the Planning Commission. A public hearing shall be held on any such application referred to the Planning Commission and notice shall be provided as required by section 122-747(b) of this Code.
(Code 1965, § 10513.1; Ord. No. 93-6)
Sec. 122-635. Uses permitted, subject to securing use permit.
The following and similar uses, which shall be planned, developed, conducted, and operated in such a manner that noise, smoke, dust, odors, and waste of any kind is confined and/or purified so as to control pollution of air, soil, or water to meet the standards of the Bay Area Air and Water Pollution Boards and the standards or requirements of the Planning Commission and the Health Department, and in such a manner as to eliminate any detrimental effect to the public health, safety, and welfare, and be in harmony with the objectives of the General Plan:
(Code 1965, § 10514; Ord. No. 485)
(1) Administrative offices;
(Code 1965, § 10514; Ord. No. 485)
(2) Residences for watchmen or custodians;
(Code 1965, § 10514; Ord. No. 485)
(3) Employees' cafeterias and auditoriums;
(Code 1965, § 10514; Ord. No. 485)
(4) Research laboratories and institutes;
(Code 1965, § 10514; Ord. No. 485)
(5) Electrical products manufacturing;
(Code 1965, § 10514; Ord. No. 485)
(6) Electrical products and instrument manufacturing;
(Code 1965, § 10514; Ord. No. 485)
(7) Furniture manufacture and repair or cabinet or millwork shops;
(Code 1965, § 10514; Ord. No. 485)
(8) Furniture upholstering;
(Code 1965, § 10514; Ord. No. 485)
(9) Bookbinding, printing, and lithography;
(Code 1965, § 10514; Ord. No. 485)
(10) Cartography;
(Code 1965, § 10514; Ord. No. 485)
(11) Finished paper products manufacturing;
(Code 1965, § 10514; Ord. No. 485)
(12) Garment manufacturing;
(Code 1965, § 10514; Ord. No. 485)
(13) Laundry and dry cleaning plants;
(Code 1965, § 10514; Ord. No. 485)
(14) Plastic fabrication;
(Code 1965, § 10514; Ord. No. 485)
(15) Editorial and designing;
(Code 1965, § 10514; Ord. No. 485)
(16) Photographic printing, finishing, and processing;
(Code 1965, § 10514; Ord. No. 485)
(17) Household pottery manufacturing;
(Code 1965, § 10514; Ord. No. 485)
(18) Storage warehouses, excluding inflammable fluids and explosives;
(Code 1965, § 10514; Ord. No. 485)
(19) Processing, packaging, or distribution operations;
(Code 1965, § 10514; Ord. No. 485)
(20) Manufacture of clothing, novelties, toys, and small appliances.
(Code 1965, § 10514; Ord. No. 485)
(21) Coffee shops and takeout restaurants, as defined in section 122-4 of this Code, provided that the applicant demonstrates the need for such a use based on employment in the vicinity of the site. The Planning Commission may limit the hours to ensure that the use serves development in the vicinity of the site.
(Code 1965, § 10514; Ord. No. 84-26)
Sec. 122-636. Child care facilities.
Subject to the limitations set forth in section 122-742(j) of this Code, child care facilities may be permitted.
(Code 1965, § 10514.1; Ord. No. 1126)
A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10514.2; Ord. No. 95-5)
Sec. 122-638. Building height limit.
Maximum height of any building: 35 feet, provided that additional height may be permitted if a use permit is first secured in each case.
(Code 1965, § 10515; Ord. No. 485)
Sec. 122-639. Building site area required.
For each main building: Minimum 25,000 square feet. Minimum lot width: 100 feet.
(Code 1965, § 10516; Ord. No. 485)
There shall be minimum side and rear yards of ten feet, except on all external boundaries of this district that abut on residential districts, in which case 50 feet shall be required.
(Code 1965, § 10517; Ord. No. 485)
Sec. 122-641. Setback and landscaping.
(a) All buildings or structures shall be located at least 30 feet back from the front property line or any setback line established by ordinance.
(Code 1965, § 10518; Ord. No. 485)
(b) The area between the front property line and the 30-foot setback line shall be planted and maintained with lawn, trees, shrubs, or flowers, except that necessary walks and driveways shall be permitted. The area shall not be used for automobile parking. Applicants shall submit landscaping plans for approval by the Planning Department.
(Code 1965, § 10518; Ord. No. 485)
Sec. 122-642. Truck loading facilities.
No loading dock shall be constructed fronting on any public street or roadway, unless such loading dock, and every part thereof, is 60 feet or more from the nearest right-of-way line of the street on which said loading dock fronts.
(Code 1965, § 10519; Ord. No. 485; Ord. No. 852)
Sec. 122-643. Manufacturing and storage areas.
All manufacturing and fabrication operations shall be conducted within buildings, which buildings shall not be of metal-clad construction, except where the type of construction is approved by the Planning Commission of the city as being in reasonable architectural harmony with existing development in the area. All equipment and material storage areas shall be screened by solid walls, fences, and by adequate plantings of not less than six feet in height, and in no case shall materials be stacked or stored so as to exceed the height of the fence.
(Code 1965, § 10520; Ord. No. 485; Ord. No. 852)
Sec. 122-644. Exterior building finish.
All buildings must be painted unless the walls are textured, in which case no paint is required.
(Code 1965, § 10521; Ord. No. 485; Ord. No. 852)
Illumination of signs, facades, buildings, parking areas, and loading and unloading facilities shall be so arranged as to eliminate glare from roadways and streets and shall be directed away from properties lying outside the district.
(Code 1965, § 10523; Ord. No. 485; Ord. No. 852)
Secs. 122-646--122-660. Reserved.
DIVISION 15. S STUDY DISTRICT
The purpose of the Study District shall be to provide a zoning classification for lands which are not otherwise classified by reason of recent annexation to the city, or because a former classification has been deemed inappropriate and assignment of a new classification awaits completion of study by the Planning Commission.
(Code 1965, art. X, ch. 6; Ord. No. 921)
Sec. 122-662. Conformance with General Plan.
Pending permanent zoning classification, no use permit shall be issued to establish any use prior to rezoning of the lands in conformance with the city's General Plan.
(Code 1965, § 10601; Ord. No. 921)
Secs. 122-663--122-680. Reserved.
DIVISION 16. PD PLANNED DISTRICT*
__________
*Cross references: Planning and development, ch. 78.
__________
The purpose of the Planned District is to effect development which generally enhances standards set forth in this Code and which is consistent with the General Plan. The Planned District permits mixed land uses, varied setbacks, varied building heights, diverse lot sizes, land use controls, and site design controls as approved by the city to enhance the public health, safety, and general welfare.
(Code 1965, § 10701; Ord. No. 1016; Ord. No. 90-1; Ord. No. 92-5)
A check casher or check cashing business as defined in section 122-4 of this Code.
(Code 1965, § 10701.1; Ord. No. 95-5)
Sec. 122-683. General requirements.
(a) Rezoning to Planned District. An application for rezoning an area to Planned District shall include:
(Code 1965, § 10702; Ord. No. 1016; Ord. No. 90-1; Ord. No. 92-5)
(1) A preliminary development plan application as described in section 122-684 or a hillside development plan as described in section 122-814.
(Code 1965, § 10702; Ord. No. 1016; Ord. No. 90-1; Ord. No. 92-5)
(2) All other submittals normally required by the city for a rezoning application.
(Code 1965, § 10702; Ord. No. 1016; Ord. No. 90-1; Ord. No. 92-5)
(b) Development on land zoned Planned District. Except as provided in subsections (c) and (d) of this section, an application for approval of a preliminary development plan and other discretionary actions shall be required for all development in the Planned District. Discretionary action shall usually be in the form of a use permit considered by the Planning Commission. However, at the discretion of the Planning Manager, matters regularly considered by the Zoning Administrator may be considered in the form of a Zoning Administrator's permit and minor, noncontroversial matters may be considered administratively.
(Code 1965, § 10702; Ord. No. 1016; Ord. No. 1131; Ord. No. 90-1; Ord. No. 92-5; Ord. No. 06-14)
(c) Additional development on land zoned Planned District where there is existing development but no approved preliminary development plan. If property is substantially developed and no preliminary development plan exists, a preliminary development plan shall not be required prior to action under the jurisdiction of the Zoning Administrator or Planning Commission related to the existing development. This provision shall not apply if existing development is to be demolished. Whether or not a preliminary development plan is required, a project sponsor must obtain approval of all other discretionary actions required by the city.
(Code 1965, § 10702; Ord. No. 92-5)
(d) Exemptions. On land zoned Planned District, a Zoning Administrator's permit, a minor subdivision, or a variance may be exempted from the requirement to obtain approval of a preliminary development plan under this division by the Planning Manager. However, the project sponsor must obtain all other required permits.
(Code 1965, § 10702; Ord. No. 90-1; Ord. No. 92-5; Ord. No. 06-14)
(e) Hillside development. Development of land zoned Planned District and affected by the city's Hillside Development Ordinance, set forth in article VI of this chapter, shall require preparation and consideration of a hillside development plan which shall also fulfill the requirement for a preliminary development plan, in which case only the fee for a hillside development plan shall be required.
(Code 1965, § 10702; Ord. No. 92-5)
Sec. 122-684. Preliminary development plan.
(a) Contents. The preliminary development plan shall include:
(Code 1965, § 10703; Ord. No. 1016; Ord. No. 90-1)
(1) A site analysis which identifies and includes the following:
(Code 1965, § 10703; Ord. No. 90-1)
a. Proposed land uses and density, including building coverage, employee count, and parking areas.
(Code 1965, § 10703; Ord. No. 90-1)
b. Environmental opportunities and constraints presented by soils, slopes, drainage patterns, surface geology, geological hazards, water bodies, vegetation, flood hazards, if any, heritage trees, and other natural features of the site and how these features are taken advantage of in the site plan to produce a high standard of development, public benefit, and satisfaction for the future occupants of the project.
(Code 1965, § 10703; Ord. No. 90-1)
c. Relationship of the proposed project to existing and proposed circulation patterns (including but not limited to streets, highways, pedestrian walkways, public transit, bicycle paths and trails), parks, playgrounds, cultural amenities, and utilities.
(Code 1965, § 10703; Ord. No. 90-1)
d. Relationship of the scale and mass of the proposed buildings to surrounding uses and land forms. This analysis shall include land uses and land forms immediately adjacent to the site and land uses and land forms at a greater distance if the scale and mass of the proposed buildings vary significantly from that of adjacent buildings.
(Code 1965, § 10703; Ord. No. 90-1)
e. Harmony of the proposed design with the significant design features or theme of adjacent structures.
(Code 1965, § 10703; Ord. No. 90-1)
f. Views to and from the subject property. Views from private property, public rights-of-way, public open spaces, or other public places to the subject property shall be analyzed in accordance with the principles stated in chapters 2.2, 2.3, 2.4, and 4.12 of the City of Concord Community Design Guidelines, dated August 1987.
(Code 1965, § 10703; Ord. No. 90-1)
g. Location of significant historical, cultural, and archaeological features of the site, including methods proposed to preserve and incorporate such elements into the proposed project.
(Code 1965, § 10703; Ord. No. 90-1)
h. Areas within the project proposed for private common areas and/or for dedication to the public.
(Code 1965, § 10703; Ord. No. 90-1)
(2) A conceptual site plan, or series of plans, based on the above analysis.
(Code 1965, § 10703; Ord. No. 90-1)
(3) Proposed phasing if the project will not be developed as one unit, including a plan for the interim use and management of the undeveloped phase or phases.
(Code 1965, § 10703; Ord. No. 90-1)
(4) A statement describing how the proposed preliminary development plan complies with the policies set forth in the General Plan.
(Code 1965, § 10703; Ord. No. 90-1)
(5) Additional information as may be required by the Planning Commission or City Council.
(Code 1965, § 10703; Ord. No. 90-1)
(b) Action on preliminary development plan and rezoning. The Planning Commission shall submit a recommendation to the City Council, including findings and conditions for approval or findings for denial of the preliminary development plan and rezoning. Upon approval of the preliminary development plan and rezoning by the City Council, an application for a subsequent permit may be submitted to the Zoning Administrator or Planning Commission. The Zoning Administrator or Planning Commission may take action on the subsequent permit application within 30 days of the City Council's adoption of the rezoning, but such action shall not be effective until the rezoning becomes effective.
(Code 1965, § 10703; Ord. No. 1016; Ord. No. 90-1; Ord. No. 92-5; Ord. No. 99-14)
(c) Term of preliminary development plan. The term of a preliminary development plan shall be two years. The term of a preliminary development plan shall not be extended. An approved preliminary development plan shall remain in effect during the review of a subsequent permit application by the Zoning Administrator or Planning Commission, provided a complete permit application is received within the established two-year term of the approved preliminary development plan. Upon approval of a subsequent permit, the preliminary development plan shall remain in effect for the term of the permit.
(Code 1965, § 10703; Ord. No. 1016; Ord. No. 90-1; Ord. No. 92-5)
(d) Amendment of preliminary development plan and subsequent permit.
(1) Contents. An application to amend an approved preliminary development plan and subsequent permit shall include information as required in subsection (a) of this section and section 122-685, respectively, as determined by the Chief of Planning.
(Code 1965, § 10703; Ord. No. 1016; Ord. No. 90-1; Ord. No. 92-5)
(2) Action. The Chief of Planning shall determine whether the proposed amendment constitutes a minor or a significant change to the impacts of the proposed development.
(Code 1965, § 10703; Ord. No. 1016; Ord. No. 90-1; Ord. No. 92-5)
a. A significant change to the impacts of the proposed development as determined by the Chief of Planning shall require approval of a new or amended preliminary development plan by the Planning Commission and City Council and a new or amended permit by the Zoning Administrator or Planning Commission.
(Code 1965, § 10703; Ord. No. 90-1; Ord. No. 92-5)
b. A minor change to the impacts of the proposed development as determined by the Chief of Planning shall require consideration of a subsequent permit or permit amendment by the Zoning Administrator or Planning Commission, rather than consideration of an amended preliminary development plan. As determined by the Chief of Planning, noncontroversial minor changes may be considered administratively or may be referred to the Zoning Administrator.
(Code 1965, § 10703; Ord. No. 90-1; Ord. No. 92-5)
(3) Definitions.
a. A significant change to a preliminary development plan is a change which would be contrary to the findings of the City Council approval of the preliminary development plan.
(Code 1965, § 10703; Ord. No. 90-1; Ord. No. 92-5)
b. A minor change to a preliminary development plan is a change which substantially complies with the findings of the City Council approval of the preliminary development plan, but which differs in an insignificant or insubstantial way.
(Code 1965, § 10703; Ord. No. 90-1; Ord. No. 92-5)
c. The Planning Commission may establish further policies/guidelines regarding the determination of significant or minor changes.
(Code 1965, § 10703; Ord. No. 92-5)
(4) Effect on term. A preliminary development plan amendment shall not extend the term of the preliminary development plan.
(Code 1965, § 10703; Ord. No. 90-1; Ord. No. 92-5)
Sec. 122-685. Subsequent permits.
Except as provided in section 122-683(d), a subsequent permit application shall be submitted for all development in the Planned District. A permit application may be submitted and the Zoning Administrator or Planning Commission may take action on the subsequent permit application within 30 days of the City Council's adoption of the rezoning, but such action shall not be effective until the rezoning becomes effective. An application for a subsequent permit shall include:
(Code 1965, § 10704; Ord. No. 1016; Ord. No. 90-1; Ord. No. 92-5; Ord. No. 99-14)
(1) Application submittals compatible with the approved preliminary development plan and conditions of the City Council.
(Code 1965, § 10704; Ord. No. 1016; Ord. No. 90-1; Ord. No. 92-5; Ord. No. 99-14)
(2) All other submittals normally required by the city for permit application.
(Code 1965, § 10704; Ord. No. 1016; Ord. No. 90-1; Ord. No. 92-5; Ord. No. 99-14)
The fees for reviewing applications required under sections 122-681 through 122-685 shall be set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10705; Ord. No. 1016; Ord. No. 90-1)
Secs. 122-687--122-700. Reserved.
DIVISION 17. OPEN SPACE DISTRICTS
Sec. 122-701. Permanent Open Space (POS) District.
(a) Description and purpose. The Permanent Open Space (POS) District is intended to further the objectives of the open space element of the city's General Plan, specifically those objectives seeking preservation of natural resources, outdoor recreation, and public health and safety. Lands now or in the future included in the district will form an open space belt embracing the city on the north, east, and south. Land uses permitted will be those which are consistent with the purpose of the district, which is to promote preservation of the open status of lands surrounding the city.
(Code 1965, § 101110; Ord. No. 959)
(b) Uses permitted.
(1) Agricultural uses, such as orchards, tree farms, field crops, raising of nursery stock, grazing, etc. Any such uses which might be detrimental to the use of adjacent property for very low density residential or recreational purposes shall be prohibited, including agri-industrial uses, such as feedlots, processing facilities, slaughterhouses, and other intensive uses.
(Code 1965, § 101110; Ord. No. 959)
(2) Game and wildlife preserves, except that rod and gun clubs shall be prohibited.
(Code 1965, § 101110; Ord. No. 959)
(3) Single-family dwellings and accessory uses normally incidental to single-family residences, including the keeping of domestic animals for noncommercial purposes.
(Code 1965, § 101110; Ord. No. 959)
(4) Public parks and trails.
(Code 1965, § 101110; Ord. No. 959)
(c) Conditional uses, subject to obtaining use permit.
(1) Limited commercial animal husbandry, provided the intensity of land use is low and the open character of the land is not negated, subject also to the prohibitions cited in subsection (b) above for agricultural uses.
(Code 1965, § 101110; Ord. No. 959)
(2) Public or private recreational uses which bear a reasonable relationship to open space, including riding academies and stables, golf courses, boat harbors, swimming beaches, etc.
(Code 1965, § 101110; Ord. No. 959)
(3) Water retention basins and associated facilities and other necessary public or private utility installations.
(Code 1965, § 101110; Ord. No. 959)
(4) Temporary stand for the sale of agricultural products raised exclusively on the premises, provided said stand is in existence for not more than 120 days each year.
(Code 1965, § 101110; Ord. No. 959)
(5) Other uses which the Planning Commission finds to be of a similar nature and which are not contrary to the purpose of this district.
(Code 1965, § 101110; Ord. No. 959)
(d) Building site area required.
(1) For each dwelling, a minimum of ten acres. The maximum building site area may in part be occupied by other permitted or conditionally permitted uses, except that in no case shall there be more than one single-family dwelling on any one building site.
(Code 1965, § 101110; Ord. No. 959)
(2) For conditionally permitted uses, minimum shall be as determined by the Planning Commission through the use permit procedure.
(Code 1965, § 101110; Ord. No. 959)
(e) Yards required. All buildings, including accessory buildings, must be a minimum of 50 feet from all property lines.
(Code 1965, § 101110; Ord. No. 959)
(f) Other requirements. Parking requirements, distances between buildings, landscaping, sign controls, and other requirements shall be as determined by the Planning Commission through the use permit procedure, and shall be consistent with the purpose of this district.
(Code 1965, § 101110; Ord. No. 959)
Sec. 122-702. Child care facilities.
Subject to the limitations set forth in section 122-742(j) of this Code, child care facilities may be permitted.
(Code 1965, § 101110.1; Ord. No. 1126)
Sec. 122-703. Open Space Reserve District.
(a) Description and purpose. The Open Space Reserve District is intended to further the objectives of the open space element of the city's General Plan, specifically those objectives seeking preservation of natural resources, outdoor recreation, and public health and safety. Lands included in this district will form a transition between the intensely urbanized portions of the city and the open space belt intended to be formed by the Permanent Open Space (POS) District. Land uses permitted will be those which are consistent with the purpose of the district, which is to promote preservation of essentially open lands while allowing a very low intensity of residential use.
(Code 1965, § 101111; Ord. No. 959)
(b) Uses permitted.
(1) Orchards and tree farms.
(Code 1965, § 101111; Ord. No. 959)
(2) Game and wildlife preserves, except that rod and gun clubs shall be prohibited.
(Code 1965, § 101111; Ord. No. 959)
(3) Single-family dwellings and accessory uses normally incidental to single-family residences, including the keeping of domestic animals for noncommercial purposes.
(Code 1965, § 101111; Ord. No. 959)
(4) Public parks and trails.
(Code 1965, § 101111; Ord. No. 959)
(c) Conditional uses, subject to obtaining use permit.
(1) Small scale farming, such as horticulture, floriculture, field-grown nursery stock, etc., provided the operations are not contrary to the purpose of the district and do not constitute a nuisance to low intensity residential use.
(Code 1965, § 101111; Ord. No. 959)
(2) Public and private recreational uses which bear a reasonable relationship to open space, including riding academies and stables, golf courses, boat harbors, swimming beaches, etc.
(Code 1965, § 101111; Ord. No. 959)
(3) Water retention basins and associated facilities and other necessary public and private utility installations.
(Code 1965, § 101111; Ord. No. 959)
(4) Temporary stand for the sale of agricultural products raised exclusively on the premises, provided said stand is in existence for not more than 120 days each year.
(Code 1965, § 101111; Ord. No. 959)
(5) Residential cluster development as may be permitted through application of the planned unit development regulations as set forth in section 122-781, provided that density shall not exceed one unit per acre of total site area. Further, provided that open space achieved through the cluster design shall be readily accessible to the residents of the clustered dwellings.
(Code 1965, § 101111; Ord. No. 959)
(6) Other uses which the Planning Commission finds to be of a similar nature and which are not contrary to the purpose of this district.
(Code 1965, § 101111; Ord. No. 959)
(d) Building site area required.
(1) For each dwelling, a minimum of one acre. The minimum building site area may in part be occupied by other permitted uses, except that in no case shall there be more than one single-family dwelling on any one building site.
(Code 1965, § 101111; Ord. No. 959)
(2) For conditionally permitted uses, minimum shall be as determined by the Planning Commission through the use permit procedure and shall be consistent with the purpose of this district.
(Code 1965, § 101111; Ord. No. 959)
(e) Percentage of lot coverage permitted. Aggregate coverage for all buildings containing all uses shall be a maximum of 20 percent of the lot area, except as may be approved by the Planning Commission through planned unit development process.
(Code 1965, § 101111; Ord. No. 959)
(f) Yards required for all buildings.
(1) Front yards. Minimum required 30 feet, but in no case shall any structure be erected closer than 50 feet from the centerline of any street.
(Code 1965, § 101111; Ord. No. 959)
(2) Side yards. Twenty feet minimum to the foundation line with aggregate of 50 feet.
(Code 1965, § 101111; Ord. No. 959)
(3) Rear yards. Forty feet to the foundation line.
(Code 1965, § 101111; Ord. No. 959)
(4) Exterior side yards. The setback for exterior side yards on corner lots shall be 25 feet.
(Code 1965, § 101111; Ord. No. 959)
(5) Variances and waivers. Specific yard requirements may be varied or waived through planned unit development process.
(Code 1965, § 101111; Ord. No. 959)
Secs. 122-704--122-740. Reserved.
ARTICLE IV. GENERAL PROVISIONS AND EXCEPTIONS
The regulations specified for this chapter shall be subject to the following general provisions and exceptions.
(Code 1965, art. X, ch. 8(1); Ord. No. 241; Ord. No. 1206)
Sec. 122-742. Restrictions for specified uses, operations, and permits.
(a) Amusement places in residential districts. No theater, carnival, amusement park, open air theater, or racetrack, or other similar establishments shall be established in any residential district; provided, however, that carnivals, circuses, fairs, and amusement places may be allowed in a residential district for a period not to exceed three days if a permit is procured pursuant to chapter 6, article VI, of this Code, and provided further that the applicant is a charitable or nonprofit organization as such is defined in section 18-40 of this Code.
(Code 1965, § 10811; Ord. No. 241; Ord. No. 745; Ord. No. 983; Ord. No. 1206)
(b) Amusement places in commercial and industrial districts. No theater, circus, carnival, open air theater, racetrack, private recreation center, or other similar establishments shall be allowed in any commercial, LI, or PI district for extended operation in excess of seven days, unless and until a use permit is first secured for the establishment, maintenance, and operation of such use, and provided further that a permit is procured pursuant to chapter 6, article VI, of this Code.
(Code 1965, § 10811; Ord. No. 241; Ord. No. 745; Ord. No. 983; Ord. No. 1206)
(c) Separation of certain uses from dwelling districts; video arcades.
(1) No dancehall, nightclub, commercial or membership club, or any establishment where liquor is served, or commercial place of amusement or recreation or any such place, or any place where entertainers are provided, whether as social companions or otherwise, shall be established in any district closer than 200 feet to the boundary of any dwelling district, unless a use permit shall first have been secured for the establishment, maintenance, and operation of such use.
(Code 1965, § 10811; Ord. No. 241; Ord. No. 1206; Ord. No. 83-5)
(2) No permit shall be issued for any establishment desiring to establish a video arcade (three or more video games in an existing or new establishment) pending the enactment of a comprehensive ordinance regulating video arcades.
(Code 1965, § 10811; Ord. No. 241; Ord. No. 1206; Ord. No. 83-5)
(d) Temporary building incidental to construction or sale of approved development. A temporary building (or a permanent building to be used temporarily) which is incidental to the construction and/or sale of an approved development may be permitted by the city staff, subject to reasonable restrictions. In the event the applicant disagrees with the city staff as to the reasonable character of conditions to be imposed on the granting of permission therefor, he may elect to apply to the Planning Commission for a use permit. Such permit may be issued for a period of no more than one year and shall be subject to such conditions as the Planning Commission shall reasonably impose.
(Code 1965, § 10811; Ord. No. 241; Ord. No. 670; Ord. No. 1206)
(e) Removal or addition of minerals, earth, or other natural materials. The removal or addition of minerals, earth, and other natural materials in excess of 50 cubic yards thereof may be permitted in any district providing a use permit shall first be obtained in each case.
(Code 1965, § 10811; Ord. No. 241; Ord. No. 1206)
(f) Installation of frontage improvements. No building permit or permit to move a building shall be issued, nor shall any use permit or variance be granted, until the City Engineer shall have certified that frontage improvements have been installed on the street or streets upon which subject property abuts, or that contractual arrangements, supported by a proper bond, have been made to provide such improvements without unreasonable delay at the sole expense of applicant and without cost to the city.
(Code 1965, § 10811; Ord. No. 503; Ord. No. 902)
(1) Frontage "improvements" shall mean curbs, gutters, sidewalks, street paving, lighting and planting, storm drains and structures, sanitary sewers and structures, or any combination thereof, including the necessary adjustments of all existing public utilities, and shall also include dedication to the city of an appropriate easement over the improved areas in form satisfactory to the City Attorney, sufficient for public vehicular and pedestrian travel, and the maintenance and policing of the improved area by the city. Storm drains, sanitary sewers, and other utilities which may be extended in the future shall be installed across the entire street frontage to avoid a future trench cut in the new street paving.
(Code 1965, § 10811; Ord. No. 503; Ord. No. 902; Ord. No. 1206)
(2) The City Engineer shall use the General Plan and correlated master plans as guides in determining what frontage improvements are required to effectuate the purpose of the Planning and Zoning Ordinance (section 122-1).
(Code 1965, § 10811; Ord. No. 503; Ord. No. 902; Ord. No. 1206)
(3) Any person dissatisfied with the finding of the City Engineer that the installation of frontage improvements is required, or with the kind or amount of such improvements required, may appeal such finding of the City Engineer to the City Council in accordance with section 2-53 of this Code.
(Code 1965, § 10811; Ord. No. 845; Ord. No. 902; Ord. No. 1206)
(4) Upon an affirmative showing by an applicant that a proposed use of property will not cause an additional traffic or drainage burden in front of the property for which the use, variance, building permit, or permit to move building is sought, the Council may grant the permit, use, or variance, without requiring the installation of improvements.
(Code 1965, § 10811; Ord. No. 503; Ord. No. 902; Ord. No. 1206)
(g) Issuance of building permits for structures in subdivisions. No building permit shall be issued for any structures in major or minor subdivisions until the final map or the parcel map has been filed at the office of the County Recorder, provided that incidental permits of a minor nature may be issued when they involve a proposed residential condominium conversion prior to recordation of the final map.
(Code 1965, § 10811; Ord. No. 906; Ord. No. 1206)
(h) Rental of trucks, trailers, and automobiles. Notwithstanding anything to the contrary contained in this Code, it shall be unlawful for the owner, lessee, or operator of any gasoline service station or commercial establishment, except a full-service, new car automobile dealership, to store, maintain, keep, or make available to the public, by lease agreement or otherwise, any rental trailers, trucks, or autos on the service station or adjoining premises without first obtaining a use permit, or an amendment to an existing use permit therefor.
(Code 1965, § 10811; Ord. No. 917; Ord. No. 1206)
(i) Self-service gasoline service stations.
(1) Findings. The City Council hereby finds that there has been a proliferation of self-service gasoline stations in the city caused by the conversion of conventional gasoline service stations to the customer self-service type. This conversion does create unique problems in that fewer service station attendants are now on duty in such self-service stations to assist the public and the public must operate the gasoline facilities itself for the dispensing of gasoline into the customer's motor vehicle. Therefore, in the interest of the public safety and welfare, the City Council has found and determined that all new gasoline service stations must secure a use permit or, in the event of a conversion to self-service, an application must be filed for an amendment to any existing use permit held by a gasoline service station.
(Code 1965, § 10811; Ord. No. 918; Ord. No. 1206)
(2) Use permit or amendment required. Notwithstanding anything to the contrary contained in this chapter, it shall be unlawful for the owner, lessee, or operator of any gasoline service station to provide for the dispensing of gasoline from any self-service gasoline facilities without first obtaining a use permit, or an amendment to an existing use permit therefor; provided, however, that any such use in existence upon the effective date of this subsection shall be allowed to continue as a nonconforming use subject to the provisions of section 122-745 of this Code.
(Code 1965, § 10811; Ord. No. 918; Ord. No. 1206)
(j) Child care facilities.
(1) Family day care homes.
a. Small family day care homes. The use of a single-family residence as a small family day care home shall be considered a residential use of property for the purposes of this Code.
(Code 1965, § 10811; Ord. No. 1126; Ord. No. 1206; Ord. No. 85-5; Ord. No. 86-3; Ord. No. 98-8)
b. Large family day care homes.
1. A large family day care home may be operated in any residence zoned for single-family dwellings, subject to first obtaining a Zoning Administrator's permit.
(Code 1965, § 10811; Ord. No. 85-5; Ord. No. 98-8)
2. At least ten days prior to the date on which the Zoning Administrator will make a decision on an application for a large family day care home, the Chief of Planning, or his designee, shall give notice of the proposed use as set forth in section 122-747(b)(4).
(Code 1965, § 10811; Ord. No. 85-5; Ord. No. 94-5; Ord. No. 98-8)
3. No hearing shall be held before a decision is made on the application, unless a hearing is requested by the applicant or other affected person.
(Code 1965, § 10811; Ord. No. 85-5; Ord. No. 98-8)
4. The Zoning Administrator shall approve the application upon finding that the proposed use:
(Code 1965, § 10811; Ord. No. 1126; Ord. No. 1206; Ord. No. 85-5; Ord. No. 98-8)
i. Provides one off-street parking space for each employee who is not a resident of the premises;
(Code 1965, § 10811; Ord. No. 1126; Ord. No. 1206; Ord. No. 85-5; Ord. No. 98-8)
ii. Provides drop-off facilities as necessary to avoid interference with traffic and promote the safety of children; and
(Code 1965, § 10811; Ord. No. 1126; Ord. No. 1206; Ord. No. 85-5; Ord. No. 98-8)
iii. Seeks, by design and layout of the site, to avoid noise which may be a nuisance to neighbors.
(Code 1965, § 10811; Ord. No. 1126; Ord. No. 1206; Ord. No. 85-5; Ord. No. 98-8)
5. As conditions of approval, the applicant shall be required to:
(Code 1965, § 10811; Ord. No. 85-5; Ord. No. 98-8)
i. Comply with the provisions of the state Uniform Building Standards Code and city building and fire requirements which apply to single-family residences;
(Code 1965, § 10811; Ord. No. 85-5; Ord. No. 98-8)
ii. Comply with any standards promulgated by the state Fire Marshal relating to the subject of fire and life safety in large family day care homes; and
(Code 1965, § 10811; Ord. No. 85-5; Ord. No. 98-8)
iii. Be licensed or deemed to be exempt from licensure by the state as a large family day care home.
(Code 1965, § 10811; Ord. No. 1126; Ord. No. 1206; Ord. No. 85-5; Ord. No. 98-8)
6. Any interested person may appeal the decision of the Zoning Administrator in accordance with the provisions of section 122-55 of this Code. For purposes of appeals involving large family day care homes only, the notice of the hearing required to be mailed or delivered by any other section of this Code shall be limited to owners of property located within a 100-foot radius of the proposed large family day care home. Notice shall not be required to be provided to owners of property within a 300-foot radius.
(Code 1965, § 10811; Ord. No. 85-5; Ord. No. 98-8)
(2) Child care centers. Child care centers may be permitted in any district, subject to first obtaining a use permit.
(Code 1965, § 10811; Ord. No. 1126; Ord. No. 1206; Ord. No. 1241; Ord. No. 85-5; Ord. No. 86-3; Ord. No. 98-8)
a. Guidelines. The Planning Commission shall consider the following guidelines in determining whether to grant or deny a use permit for a child care center:
(Code 1965, § 10811; Ord. No. 86-3; Ord. No. 98-8)
1. Appropriateness of the scale of the operation of the facility to the surrounding environment, its compatibility with the character of surrounding land use, considering such factors as number of children to be accommodated, number of staff, hours of operation, potential significant increase of traffic in the area, or a change in the character of the traffic in the area;
(Code 1965, § 10811; Ord. No. 86-3; Ord. No. 98-8)
2. Proximity of the site to schools, parks, or other open areas;
(Code 1965, § 10811; Ord. No. 86-3; Ord. No. 98-8)
3. Potential of noise emanating from the facility which could disturb neighboring residents;
(Code 1965, § 10811; Ord. No. 86-3; Ord. No. 98-8)
4. Possibility of hazards to children, including but not limited to hazards arising from traffic or other hazards arising from noise and activities in nonresidential areas;
(Code 1965, § 10811; Ord. No. 86-3; Ord. No. 98-8)
5. Availability of parking, drop-off, and queuing facilities; and
(Code 1965, § 10811; Ord. No. 86-3; Ord. No. 98-8)
6. Demonstration of the ability of the facility to meet all state licensing requirements for child care facilities.
(Code 1965, § 10811; Ord. No. 86-3; Ord. No. 98-8)
(k) Graffiti prevention. Buildings, fences, and other structures shall be designed in a manner to minimize the potential for placement of graffiti. Where necessary, landscaping or modification to the design of structures may be required.
(Code 1965, § 10811; Ord. No. 94-6)
Sec. 122-743. Height limits to maintain sight distance and solar access.
(a) Corner lots. In order to maintain adequate sight distance, fences, walls, signs, displays, hedges, or plantings at corner locations shall not exceed the height limits established by section 122-872(e) of this Code.
(Code 1965, § 10812; Ord. No. 241; Ord. No. 1206; Ord. No. 87-13)
(1) The above three feet height limit shall be measured from the lowest curb elevation proximate to the property line.
(Code 1965, § 10812; Ord. No. 241; Ord. No. 1206)
(2) This restriction shall be effective in all districts of the city, except those where buildings are allowed in the area described.
(Code 1965, § 10812; Ord. No. 241; Ord. No. 1206)
GRAPHIC LINK: Height Limits to Maintain Height Distance and Solar Access
(b) Solar shade control provisions. The provisions of Public Resources Code ch. 12 (Public Resources Code § 25980 et seq.) control the height of specified material which under certain conditions may shade a solar collector on another person's property.
(Code 1965, § 10812; Ord. No. 1206; Ord. No. 87-34)
Sec. 122-744. Yards and setbacks.
(a) Setbacks from official plan lines. When an official plan line has been established for any street, required yards or setbacks shall be measured from such line and in no case shall the provisions of this chapter be construed as permitting any encroachment upon any official plan lines.
(Code 1965, § 10813; Ord. No. 241; Ord. No. 1062; Ord. No. 1206)
(b) Setback of balconies and decks from property lines.
(1) Decks not exceeding a height of 30 inches above ground level may be built to within three feet of side and rear property lines and to within ten feet of the front property line.
(Code 1965, § 10813; Ord. No. 1062; Ord. No. 1206)
(2) Balconies and decks more than 30 inches above the existing grade shall maintain a 15-foot setback from the front, and ten feet from the rear property line, and shall maintain a five-foot side setback.
(Code 1965, § 10813; Ord. No. 1062; Ord. No. 1206)
Sec. 122-744. Yards and setbacks.
(a) Setbacks from official plan lines. When an official plan line has been established for any street, required yards or setbacks shall be measured from such line and in no case shall the provisions of this chapter be construed as permitting any encroachment upon any official plan lines.
(Code 1965, § 10813; Ord. No. 241; Ord. No. 1062; Ord. No. 1206)
(b) Setback of balconies and decks from property lines.
(1) Decks not exceeding a height of 30 inches above ground level may be built to within three feet of side and rear property lines and to within ten feet of the front property line.
(Code 1965, § 10813; Ord. No. 1062; Ord. No. 1206)
(2) Balconies and decks more than 30 inches above the existing grade shall maintain a 15-foot setback from the front, and ten feet from the rear property line, and shall maintain a five-foot side setback.
(Code 1965, § 10813; Ord. No. 1062; Ord. No. 1206)
(c) Storage and parking in front yards, side yards, rear yards, setbacks, and driveways.
(1) Definitions.
Commercial vehicles. For the purposes of this subsection (c), a commercial vehicle is any vehicle currently registered as such with the state Department of Motor Vehicles or equivalent out-of-state or federal agency and is used primarily in the conduct of a business as opposed to private family or individual use.
(Code 1965, § 10813; Ord. No. 92-14; Ord. No. 08-7)
Driveway. For purposes of this subsection (c), a driveway is the paved portion of a property that a vehicle would have to travel over in a direct path in order to enter a garage or carport, or to enter an exterior or interior side yard immediately adjacent to a garage or carport, from a designated entry/exit point in a public or private street.
(Code 1965, § 10813; Ord. No. 86-14; Ord. No. 92-14; Ord. No. 08-7)
Recreational vehicle. A recreational vehicle means either of the following:
(Code 1965, § 10813; Ord. No. 620; Ord. No. 787; Ord. No. 1206; Ord. No. 1253; Ord. No. 92-14; Ord. No. 08-7)
a. A motor home, travel trailer, truck mounted camper, or camping trailer that is either self-propelled or is permanently towable on the highways and is designed for human habitation for recreational, emergency, or other occupancy.
(Code 1965, § 10813; Ord. No. 92-14; Ord. No. 08-7)
b. A boat on a trailer, recreational equipment such as a motorcycle trailer, personal water craft trailer and similar recreational equipment as determined by the Neighborhood Services Division. The recreational equipment must be mounted on the trailer.
(Ord. No. 08-7)
Storage. The physical presence of any of the following, or any portion thereof, including but not limited to: motor vehicles (except automobiles, motorcycles, pickup trucks, and vans one ton capacity or less which are in a fully operational condition and which are currently registered with the state Department of Motor Vehicles or the equivalent out-of-state or federal agency), recreational vehicles, house cars, trailers, trailer coaches, nonmotorized mobile homes, campers, camper shells, airplanes, boats, parts of any of the above, and building materials not reasonably required for construction work on the premises pursuant to a valid and existing building permit issued by the city. "Storage" also includes other vehicles, machines, equipment, supplies, and materials which could degrade the health, safety, general welfare, or aesthetics of an area.
(Code 1965, § 10813; Ord. No. 620; Ord. No. 787; Ord. No. 1206; Ord. No. 1253; Ord. No. 86-14; Ord. No. 92-14; Ord. No. 08-7)
(2) Storage prohibited. Subject to subsections (3) and (4) storage of the items set forth in subsection (c)(1)a above is prohibited in the following areas of any parcel of real property:
(Code 1965, § 10813; Ord. No. 620; Ord. No. 787; Ord. No. 1206; Ord. No. 1253; Ord. No. 92-14; Ord. No. 08-7)
a. The area between any section of the front wall or foundation of a structure extending to the property line of interior and exterior side yards and the street;
(Code 1965, § 10813; Ord. No. 620; Ord. No. 787; Ord. No. 1206; Ord. No. 1253; Ord. No. 92-14; Ord. No. 08-7)
b. The front yard area;
(Code 1965, § 10813; Ord. No. 620; Ord. No. 787; Ord. No. 1206; Ord. No. 1253; Ord. No. 92-14; Ord. No. 08-7)
c. Within an exterior side yard, unless behind a legally constructed opaque fence not less than six (6) feet tall. At the option of the owner or occupant of the property, lattice not exceeding one (1) foot in height, may be affixed to the top of the fence;
(Code 1965, § 10813; Ord. No. 620; Ord. No. 787; Ord. No. 1206; Ord. No. 1253; Ord. No. 92-14; Ord. No. 08-7)
d. Within an interior side yard unless behind a legally constructed opaque fence not less than six (6) feet tall. At the option of the owner or occupant of the property, lattice not exceeding one (1) foot in height, may be affixed to the top of the fence;
(Code 1965, § 10813; Ord. No. 92-14; Ord. No. 08-7)
e. The driveway(s);
(Code 1965, § 10813; Ord. No. 86-14; Ord. No. 92-14; Ord. No. 08-7)
f. Except as may be permitted by subsections 122-304(c)(5) and (c)(6), commercial vehicles may not be stored or parked on any parcel of real property in any single-family residential district, multifamily residential district, or Planned District if the use is a residential use. Commercial vehicles may be parked only during the course of providing a service or making deliveries to the residential property.
(Code 1965, § 10813; Ord. No. 92-14; Ord. No. 08-7)
(3) Recreational vehicles. Except as provided in subsection (4) recreational vehicles may be parked or stored in a driveway, exterior or interior side yard, or the rear yard under the following circumstances only:
(Code 1965, § 10813; Ord. No. 86-14; Ord. No. 92-14; Ord. No. 08-7)
a. For the purpose of loading or unloading, not to exceed 72 hours before or after a trip; or
(Code 1965, § 10813; Ord. No. 86-14; Ord. No. 92-14; Ord. 08-7)
b. For purposes of accommodating visitors who are traveling in the vehicle, not to exceed one week within any consecutive six-month period; or
(Code 1965, § 10813; Ord. No. 86-14; Ord. No. 92-14; Ord. 08-7)
c. Within the exterior or interior side yard behind a legally constructed opaque fence not less than six (6) feet tall. At the option of the owner or occupant of the property, lattice not exceeding one (1) foot in height, may be affixed to the top of the fence; or
(Code 1965, § 10813; Ord. No. 86-14; Ord. No. 92-14; Ord. No. 08-7)
d. In the rear yard area behind a legally constructed opaque fence not less than six (6) feet tall. At the option of the owner or occupant of the property, lattice not exceeding one (1) foot in height, may be affixed to the top of the fence;
(Code 1965, § 10813; Ord. No. 92-14; Ord. No. 08-7)
e. No more than (2) recreational vehicles, including boats and other recreational equipment registered to the owner or occupant of the property may be stored on a parcel of real property, unless otherwise permitted by this Code.
(Code 1965, § 10813; Ord. No. 92-14; Ord. No. 08-7)
f. In the driveway, if the recreational vehicle is issued a recreational vehicle storage permit as provided in subsection (4).
(Ord. No. 08-7)
(4) Permit required to store a recreational vehicle; grandfathering of recreational vehicles on residential properties.
(Code 1965, § 10813; Ord. No. 86-14; Ord. No. 92-14; Ord. 08-7)
a. For a twelve (12) month period from the effective date of this ordinance, a current owner (i.e., an owner as of the effective date of this ordinance) of a recreational vehicle, who is either the property owner or the occupant of the residential property, shall obtain a recreational vehicle storage permit from the City's Neighborhood Services Division to permit recreational vehicle parking on a driveway. The City Council may, by resolution, extend this twelve (12) month period as it deems appropriate. If the recreational vehicle owner does not apply for a recreational vehicle storage permit within the twelve (12) month period of time from the effective date of this ordinance or any authorized extension thereof, the owner or occupant shall not be entitled to apply for said permit and must otherwise comply with the parking and storage regulations of this Code.
(Code 1965, § 10813; Ord. No. 86-14; Ord. No. 92-14; Ord. 08-7)
b. The recreational vehicle owner shall pay a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services to offset the cost of processing the permit application and monitoring compliance therewith.
(Code 1965, § 10813; Ord. No. 86-14; Ord. No. 92-14; Ord. 08-7)
c. The Neighborhood Services Division shall develop a program for administering the permit application process and enforcement of the permit.
(Code 1965, § 10813; Ord. No. 86-14; Ord. No. 92-14; Ord. 08-7)
d. The recreational vehicle storage permit may only be issued to the present recreational vehicle owner who is either the property owner or occupant of the residential property within the twelve-month period following the effective date of this ordinance.
(Code 1965, § 10813; Ord. No. 92-14; Ord. 08-7)
e. No more than one (1) recreational vehicle storage permit shall be issued for a single recreational vehicle for each residential property.
(Ord. No. 08-7)
f. The owner or occupant of the residential property may sell and purchase a replacement recreational vehicle so long as it is the original owner or occupant of the residential property that initially obtained the permit.
(Ord. No. 08-7)
g. Upon sale of the residential real property or the end of occupancy by the original permittee, the permit is deemed expired and shall have no legal force and effect. The new owner or occupant of the residential property shall not be entitled to a recreational vehicle storage permit and must comply with the storage and parking regulations as otherwise required by this Code.
(Ord. No. 08-7)
(5) Maintenance standards for recreational vehicles visible from public view.
(Code 1965, § 10813; Ord. No. 86-14; Ord. No. 08-7)
a. Recreational vehicles visible from public view shall be maintained in proper condition. Recreational vehicles stored or maintained in one (1) or more of the following conditions shall be deemed in violation of this Code:
(Ord. No. 08-7)
1. Recreational vehicles with damaged or broken windows or doors; damaged or torn screens or shades.
(Ord. No. 08-7)
2. Recreational vehicles that are covered with tarps or other covers which are deteriorating or torn.
(Ord. No. 08-7)
3. Recreational vehicles with damaged or broken parts, including, but not limited to, tow bars, mirrors, light shields, bumpers, tanks, ladders, soft top cover for pop ups, luggage compartment doors, air handling units, and luggage racks.
(Ord. No. 08-7)
4. Recreational vehicles with peeling, blistering, rusting, or otherwise deteriorating exterior surfaces.
(Ord. No. 08-7)
5. Recreational vehicles with open awnings, open slide-outs, and open pop-ups.
(Ord. No. 08-7)
b. For sight distance purposes, in the driveway, a recreational vehicle shall be parked on the left side (facing the property) at a minimum distance of five (5) feet from the back of the sidewalk; or if there is no sidewalk, closer than ten (10) feet from the edge of the pavement. See Exhibit A [at the end of this article] for an illustrative graphic of this requirement.
(Ord. No. 08-7)
c. On the parking pad adjacent to the driveway, a recreational vehicle may not be parked closer than ten (10) feet from the back of the sidewalk; or if there is no sidewalk fifteen (15) feet from the edge of the pavement. See Exhibit B [at the end of this article] for an illustrative graphic of this requirement. The City Engineer or his/her designee may make exceptions to these sight distance standards if he/she determines sight distance requirements are met.
(Ord. No. 08-7)
d. In no case shall the parking of a recreational vehicle on the driveway block the use of the driveway or access to a garage or carport by other vehicles.
(Ord. No. 08-7)
e. Installation of new secondary driveways or parking pads shall be grass-crete, turf-block, a ribbon driveway or other similar treatment, and shall not be a standard slab driveway.
(Ord. No. 08-7)
f. Failure by the owner or occupant of the residential property to abide by the maintenance standards set forth in the subsection (5), shall be subject to nuisance abatement procedures as set forth in subsection (8) below.
(Ord. No. 08-7)
(6) Parking. Automobiles, motorcycles, pickup trucks, and vans three-quarters ton capacity or less, which are in a fully operational condition and which are currently registered with the state Department of Motor Vehicles or the equivalent out-of-state or federal agency, are allowed to park in driveways and other areas lawfully designated for the parking or storage of automobiles or other vehicles and are prohibited from parking in the following areas:
(Code 1965, § 10813; Ord. No. 86-14; Ord. No. 92-14; Ord. No. 00-3; Ord. No. 08-7)
a. The area between any section of the front wall or foundation of a structure extending to the property line of interior or exterior side yards and the street;
(Code 1965, § 10813; Ord. No. 00-3; Ord. No. 08-7)
b. The front yard area;
(Code 1965, § 10813; Ord. No. 00-3; Ord. No. 08-7)
c. Within an exterior side yard, unless parked behind a legally constructed opaque fence not less than six (6) feet tall. At the option of the owner or occupant of the property, lattice not exceeding one (1) foot in height, may be affixed to the top of the fence; and
(Code 1965, § 10813; Ord. No. 00-3; Ord. No. 08-7)
d. Within an interior side yard unless parked behind a legally constructed opaque fence not less than six (6) feet tall. At the option of the owner or occupant of the property, lattice not exceeding one (1) foot in height, may be affixed to the top of the fence.
(Ord. No. 08-7)
(7) Garage use allowed. Nothing in this subsection (c) shall prohibit the use of a garage or carport for storage or parking which is otherwise allowed by this Code.
(Ord. No. 08-7
(8) Abatement of violations. Storage or parking in violation of this subsection (c) may be abated by the Chief of Police, pursuant to the notice and hearing procedure hereinafter set forth, which is hereby made applicable to all storage or parking in violation of this subsection:
(Ord. No. 08-7
a. Notice of intention to abate. A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance, shall be mailed, by registered or certified mail, to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
(Ord. No. 08-7
b. Hearing. The owner of the vehicle may request a hearing as set forth in sections 62-172 and 62-173 of this Code.
(Ord. No. 08-7
c. Administrative and removal costs. Administrative costs and the cost of removal that are charged against the owner of a parcel of land and not paid within 30 days of the date of the order shall be assessed against the parcel of land pursuant to section 62-176 of this Code.
(Ord. No. 08-7
(d) Accessory buildings and structures at residential properties.
(1) Intent. It is the intent of this section to assure that the principal dwelling maintain its character as the primary structure on the lot. Accessory buildings and structures shall be clearly incidental and subordinate to the principal dwelling in size, shape, bulk, design, and use. The exterior appearance and character of an accessory building or structure shall reflect the appearance and character of the principal dwelling. The use of accessory buildings and structures shall be only those uses which are customarily and necessarily related to and incidental to a lawfully permitted use of the principal dwelling. Accessory buildings and structures that do not meet the intent, terms, and conditions of this section, and which are not legal nonconforming structures, shall not be permitted and are declared to be a public nuisance and subject to abatement.
(Code 1965, § 10813; Ord. No. 91-10)
(2) Definition.
a. An accessory building or structure is a building or structure that is not part of the principal dwelling on the lot, the use of which is incidental and subordinate to the use of the principal dwelling. Examples of accessory buildings and structures include, but are not limited to: a garage, tool shed, storage shed, carport, greenhouse, pool cabana, gazebo, patio cover, and other outbuildings or structures. A secondary living unit, as defined in section 122-310 of this Code, shall not be considered an accessory building or structure for the purposes of this section.
(Code 1965, § 10813; Ord. No. 85-34; Ord. No. 91-10; Ord. No. 92-23; Ord. No. 94-5)
b. A building or structure shall be considered part of the principal dwelling if 50 percent, or more, of a wall of the building or structure constitutes a common wall with the principal dwelling, or where there is a common wall with a doorway between the building or structure and the principal dwelling.
(Code 1965, § 10813; Ord. No. 85-34; Ord. No. 91-10; Ord. No. 94-5)
(3) Applicability. Subsection (d) of this section applies to all R (residential) districts and single-family residential development in all zoning districts, including the Planned District.
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
(4) Development requirements.
a. Permit not required for accessory buildings or structures less than 120 square feet. An accessory building or structure with both a gross roof area or [and] site coverage area less than 120 square feet shall not require a permit but shall comply with the development requirements set forth in this section pertaining to the number of accessory buildings or structures, setbacks, height, lot coverage, and location. (Exception: See chapter 10, article II (regulations for shelters and outbuildings for livestock and other animals).)
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
b. Permit required for accessory buildings or structures 120 square feet or more. An accessory building or structure with a gross roof area or site coverage area of 120 square feet, or more, shall comply with all development requirements set forth in this section and all requirements of the most current edition of the Uniform Building Code adopted by the city. (Exception: See chapter 10, article II (regulations for shelters and outbuildings for livestock and other animals) and section 122-310 (secondary living units).) Review and approval of a proposed accessory building or structure is required as specified below:
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
1. Administrative review or Zoning Administrator referral to Planning Commission. Administrative review and approval of an accessory building or structure is required as provided in article II, division 2 of this chapter. An application for administrative approval of an accessory building or structure shall be accompanied by a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services for Planning Division review of building permits. The Zoning Administrator may refer an application for administrative review and approval to the Planning Commission. An application referred to the Planning Commission shall be accompanied by a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services for Planning Commission review of accessory buildings or structures.
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
2. Planning Commission approval required to modify development requirements for accessory structures on lots of 30,000 square feet or larger.
i. Through the use permit procedure, the Planning Commission may modify requirements under subsection (d)(4) of this section pertaining to the number, height, lot coverage, roof area, and design of accessory buildings and structures on lots that are 30,000 square feet or larger. The Planning Commission review shall include, but not be limited to, the following considerations: density of and proximity to surrounding development; impacts of the proposed accessory building or structure on adjacent residences including noise, traffic, potential to obstruct sunlight, and effect on the privacy of adjacent residences; shape and topography of the project sponsor's property; and location of existing structures on the project sponsor's property and future subdivision potential of the property.
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
ii. The Planning Commission shall require as a condition of approval a deed restriction to provide for the removal, relocation, or alteration of the accessory building or structure to conform to the requirements in subsection (d)(4) of this section pertaining to the number, height, lot coverage, roof area, and design of accessory buildings and structures if future subdivision of the property creates a lot of less than 30,000 square feet containing an accessory building or structure permitted under this section. Project sponsors who have lots which are 30,000 square feet or larger have the option of making an application to the Zoning Administrator pursuant to subsection (d)(4)b.1 of this section or to the Planning Commission pursuant to this subsection (d)(4)b.2. An application to the Planning Commission shall be accompanied by a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services for Planning Commission review of accessory buildings or structures.
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
c. Number of accessory buildings or structures. No more than one accessory building or structure with a gross roof area, or site coverage area, of 120 square feet, or more, shall be permitted at a property developed with a principal dwelling. The combined gross roof area, or site coverage area of two, or more, accessory buildings or structures, each with a gross roof area, or site coverage area, of less than 120 square feet, shall not exceed 120 square feet. An accessory building or structure shall not be permitted at a property where no principal dwelling exists.
(Code 1965, § 10813; Ord. No. 85-34; Ord. No. 91-10; Ord. No. 92-23)
d. Setbacks.
1. Exterior side yards. The greater of: (1) the zoning district of the principal dwelling, or (2) the zoning district adjoining the rear yard, provided that a vehicle entrance to a carport or garage must be set back a minimum of 18 feet from a public right-of-way or private street.
(Code 1965, § 10813; Ord. No. 85-34; Ord. No. 91-10; Ord. No. 92-23)
2. Interior side yards. Five feet.
(Code 1965, § 10813; Ord. No. 85-34; Ord. No. 91-10; Ord. No. 92-23)
3. Rear yards. Five feet, except that a ten-foot setback shall be maintained where a rear property line abuts a public street.
(Code 1965, § 10813; Ord. No. 85-34; Ord. No. 91-10; Ord. No. 92-23)
4. Front yards. As required by the pertinent zoning district.
(Code 1965, § 10813; Ord. No. 85-34; Ord. No. 91-10; Ord. No. 92-23)
e. Height. Not to exceed 12 feet, except that within the allowable building envelope the height may be a maximum of 16 feet. In no case shall an accessory building or structure exceed the height of the principal dwelling.
(Code 1965, § 10813; Ord. No. 85-34; Ord. No. 91-10; Ord. No. 92-23)
f. Lot coverage.
1. The total building coverage of a lot, including the principal dwelling, a secondary living unit (if existing), and accessory buildings or structures, but not including uncovered decks or patios, may not exceed that allowed in the pertinent district.
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
2. In all zoning districts to which this section applies, there must be maintained an open rear yard which has a minimum dimension of 20 feet and a minimum area equal to ten times the minimum lot width required in the pertinent zoning district.
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
g. Roof area.
1. The total gross roof area of an accessory building or structure at a residential lot shall not exceed 40 percent of the minimum required rear yard for the zoning district in which the property is located, or 800 square feet, whichever is less.
(Code 1965, § 10813; Ord. No. 85-34; Ord. No. 91-10; Ord. No. 92-23)
TABLE INSET:
| District | Maximum Size (Roof Area) |
|---|---|
| R-6 | 480 sq. ft. |
| R-7 | 560 sq. ft. |
| R-7.5 | 600 sq. ft. |
| R-8 | 640 sq. ft. |
| R-10 through R-40 | 800 sq. ft. |
2. For districts not listed, refer to the definition in subsection (4)f above.
(Code 1965, § 10813; Ord. No. 85-34; Ord. No. 91-10; Ord. No. 92-23)
h. Location. No part of an accessory building or structure, except a garage or carport, shall extend into the area between a street and any section of the front wall of the principal dwelling. (Cross reference: section 122-743(b) (solar shade control provisions).)
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
i. Design. Accessory buildings and structures with a gross roof area, or site coverage area, of 120 square feet, or more, shall comply with the following design guidelines:
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
1. Roofing and siding materials shall be the same as the roofing and siding materials that are predominant on the principal dwelling. The Zoning Administrator may approve alternate materials proposed by the applicant if the Zoning Administrator finds that the alternate roofing and siding materials reflect the character and appearance of the principal dwelling.
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
2. The color(s) shall reflect, or be complementary to, the color scheme of the principal dwelling.
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23; Ord. No. 94-5)
3. Trim detailing, including but not limited to fascia, window trim, and door trim, shall reflect and be complementary to the trim detailing of the principal residence.
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
4. Accessory buildings or structures shall be sited to protect the privacy and quiet enjoyment of neighboring properties. The siting of the building or structure should seek to minimize impacts of noise, light, glare, and traffic on neighboring properties.
(Code 1965, § 10813; Ord. No. 91-10; Ord. No. 92-23)
(5) Patio and deck covers. An accessory building or structure that is considered part of the principal dwelling shall conform to the requirements for an addition to the principal dwelling, as specified for the zoning district in which the property is located, with the following exception: patio and deck covers which are enclosed on two or fewer sides, are supported by individual footings (and not a continuous foundation), and are less than 12 feet high may be built to within ten feet of the rear property line and five feet of interior side property lines.
(Code 1965, § 10813; Ord. No. 91-10)
(e) Accessory buildings at properties used for nonresidential purposes. All accessory structures at nonresidential properties shall comply with all the regulations of the pertinent district.
(Code 1965, § 10813; Ord. No. 85-34)
(f) Artwork and streetscape structures.
(1) Definitions.
Artwork. All forms of original creations of visual arts, including but not limited to:
(Code 1965, § 10813; Ord. No. 87-28; Ord. No. 99-9)
a. Sculpture in the round, base relief, high relief, mobile, fountain, kinetic, electronic, etc., in any material or combination of materials;
(Code 1965, § 10813; Ord. No. 87-28; Ord. No. 99-9)
b. Painting: all media, including portable and permanently affixed works, such as murals and frescos;
(Code 1965, § 10813; Ord. No. 87-28; Ord. No. 99-9)
c. Graphic arts: print making and drawings;
(Code 1965, § 10813; Ord. No. 87-28; Ord. No. 99-9)
d. Mosaics;
(Code 1965, § 10813; Ord. No. 87-28; Ord. No. 99-9)
e. Photography;
(Code 1965, § 10813; Ord. No. 87-28; Ord. No. 99-9)
f. Crafts: in clay, fiber, and textiles, wood, metal, plastics, and other materials;
(Code 1965, § 10813; Ord. No. 87-28; Ord. No. 99-9)
g. Calligraphy;
(Code 1965, § 10813; Ord. No. 87-28; Ord. No. 99-9)
h. Stained glass;
(Code 1965, § 10813; Ord. No. 87-28; Ord. No. 99-9)
i. Mixed media: any combination of forms or media, including collage.
(Code 1965, § 10813; Ord. No. 87-28; Ord. No. 99-9)
Streetscape structure. A structure such as a tower, flagpole, kiosk, arch, or gate which is designed to fill a decorative or symbolic purpose, serving, for example, as a landmark, orientation point or entry feature, and includes no stated message as would customarily be found on a sign.
(Code 1965, § 10813; Ord. No. 87-28; Ord. No. 99-9)
Structure. As defined by the Uniform Building Code and requiring issuance of a building permit.
(Code 1965, § 10813; Ord. No. 87-28; Ord. No. 99-9)
(2) Exception from yard and setback requirements.
a. Notwithstanding any other provisions of this chapter to the contrary, artworks and streetscape structures may be located anywhere within a required yard or setback area, provided all criteria listed below are met.
(Code 1965, § 10813; Ord. No. 87-27; Ord. No. 99-9)
b. Criteria for exception.
1. General.
i. Any exception of setback requirements for artwork or streetscape structures shall be approved by the Planning Commission, upon finding that the proposed work or structure would enhance the view along a public street in a way that it could not if the required setback were met, will not function as a sign, has a mutually complementary relationship to the landscape design of the setback area in which it is located, and meets the criteria stated in this section. Any such exception shall be initiated and acted upon in the manner prescribed in article II, division 3 (use permits) of this chapter.
(Code 1965, § 10813; Ord. No. 87-27; Ord. No. 99-9)
ii. In considering any such exception, the Planning Commission may request the advice of the Design Review Board and the city Art Committee.
(Code 1965, § 10813; Ord. No. 87-27; Ord. No. 99-9)
iii. There shall be no interference with sight lines for streets, intersections, and driveways, as stated in Public Works Department standard plans.
(Code 1965, § 10813; Ord. No. 87-27; Ord. No. 99-9)
iv. The location shall not otherwise have a negative impact on public health, welfare, or safety.
(Code 1965, § 10813; Ord. No. 87-27; Ord. No. 99-9)
2. Artwork. Prior to approval by the Planning Commission as to location, artwork shall be certified by the city Art Committee as meeting the definition of artwork stated in subsection (f)(1) of this section.
(Code 1965, § 10813; Ord. No. 87-27; Ord. No. 99-9)
3. Streetscape structures.
i. A streetscape structure shall not be designed for human habitation or for storage or dispersing of any merchandise or other material.
(Code 1965, § 10813; Ord. No. 87-27; Ord. No. 99-9)
ii. The ground coverage of the foundation or footings of such a structure shall not exceed 100 square feet.
(Code 1965, § 10813; Ord. No. 87-27; Ord. No. 99-9)
iii. No sign or other advertising copy shall be attached to such a structure.
(Code 1965, § 10813; Ord. No. 87-27; Ord. No. 99-9)
iv. Such structures shall not be attached to any building.
(Code 1965, § 10813; Ord. No. 87-27; Ord. No. 99-9)
v. Any utility equipment, such as an electrical transformer, associated with such structure shall be incorporated in the structure or placed completely underground.
(Code 1965, § 10813; Ord. No. 87-27; Ord. No. 99-9)
vi. In addition to approval by the Planning Commission as to location, the design quality and details, as well as associated landscaping, shall be subject to approval by the Design Review Board.
(Code 1965, § 10813; Ord. No. 87-27; Ord. No. 99-9)
Sec. 122-745. Nonconforming uses.
(a) A use which was legally in existence at a given location and which ceased to conform to the regulations of the city (i.e., became a nonconforming use due to some action of the city) shall be considered a legal nonconforming use. Such use may be continued indefinitely, unless an amortization period is specified, provided that no such use shall be enlarged or increased nor be extended to occupy a greater area than that occupied by such use existing on September 28, 1953, except as otherwise provided in subsection (b); and that if any such use ceases, the subsequent use of such land shall be in conformity to the regulations specified by this chapter for the district in which such land is located. This subsection shall apply to uses operating legally in the county immediately prior to the area's annexation to the city, as well as to those legally established in the city prior to an action of the city which changed the provisions of the Municipal Code or zoning map.
(Code 1965, § 10814; Ord. No. 241; Ord. No. 1206; Ord. No. 86-21)
(b) Nonconforming use of a building shall be treated as provided in subsection (a) above, provided, however, that:
(Code 1965, § 10814; Ord. No. 241; Ord. No. 1206)
(1) The nonconforming use of a portion of a building may be extended throughout the building, provided that in each case a use permit shall be first obtained, and provided that there is conformance to all provisions of the Uniform Building Code;
(Code 1965, § 10814; Ord. No. 241; Ord. No. 1206)
(2) The nonconforming use of a building or land may be changed to a use of the same or more restricted nature, provided that in each case a use permit shall first be obtained;
(Code 1965, § 10814; Ord. No. 241; Ord. No. 1206)
(3) If as a result of a city or city Redevelopment Agency street widening project a building or structure for an existing use is removed or destroyed, then the affected property owner shall have the right to:
(Code 1965, § 10814; Ord. No. 86-21; Ord. No. 94-5)
a. Replace or reconstruct, on its remaining property, a building and/or structure which does not exceed in area the square footage of the building and/or structure removed or destroyed. If the affected property owner desires to expand the aforementioned building and/or structure beyond its pre-existing square footage, or locate a new building and/or structure on the remainder of its property, then the property owner must obtain a use permit. The Planning Commission may grant a use permit if it receives substantial evidence which, in its opinion, enables the Planning Commission to make the following findings in addition to the findings set forth in section 122-76(a):
(Code 1965, § 10814; Ord. No. 86-21; Ord. No. 94-5)
1. The activities conducted in the new building or structure are consistent with the existing use of the property, even though the existing use may be nonconforming;
(Code 1965, § 10814; Ord. No. 86-21; Ord. No. 94-5)
2. Any new or relocated building or structure is required or necessary as a result of the street widening project;
(Code 1965, § 10814; Ord. No. 86-21; Ord. No. 94-5)
3. Any increase in size of any new or relocated building or structure is necessary to enable the existing use to continue in operation;
(Code 1965, § 10814; Ord. No. 86-21; Ord. No. 94-5)
4. The existing use would suffer undue hardship as a result of the street widening project unless the new or additional building or structure is permitted; and
(Code 1965, § 10814; Ord. No. 86-21; Ord. No. 94-5)
5. Any increase in square footage is necessary to accommodate the existing business;
(Code 1965, § 10814; Ord. No. 86-21; Ord. No. 94-5)
b. In considering the use permit, the Planning Commission shall determine to what extent any setback requirements on the widened street can be met, in whole or in part, and condition the use permit accordingly;
(Code 1965, § 10814; Ord. No. 86-21)
(4) If the nonconforming use of a building or land ceases for a continuous period of six months, or if that use is changed or proposed to be changed, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located;
(Code 1965, § 10814; Ord. No. 241; Ord. No. 1206; Ord. No. 86-21)
(5) Nothing in this chapter shall be deemed to prevent the restoration under the provisions of the Uniform Building Code within a period of one year of a nonconforming building destroyed to the extent of not more than 50 percent of its reasonable value, nor the continued occupancy or use of such building, or part thereof, which existed at the time of such partial destruction; provided, however, that where a building is destroyed to an extent exceeding 50 percent of its value or such an extent that the total demolition is required by the provisions of the Uniform Building Code, any future building or use shall conform to the provisions of this chapter and the Uniform Building Code;
(Code 1965, § 10814; Ord. No. 241; Ord. No. 1206; Ord. No. 86-21)
(6) Ordinary maintenance and repairs may be made to any nonconforming building, providing no structural alterations are made and providing that such work conforms to the Uniform Building Code and does not exceed 15 percent of the appraised value in any one year. Other repairs or alterations may be permitted provided that a use permit shall first be secured in each case.
(Code 1965, § 10814; Ord. No. 241; Ord. No. 1206; Ord. No. 86-21)
(a) A use which has been displaced by the city or the city Redevelopment Agency may apply for a use permit to relocate to another zoning district, except residential districts, in which it is not a permitted or conditionally permitted use. The application for such a use permit shall provide all the information required by section 122-72 of this Code, and further, shall document the efforts that the relocatee has made to locate in an appropriate district. The Planning Commission shall hold a hearing on any such application, notice for which shall be given in accordance with section 122-747(b) of this Code.
(Code 1965, § 10815; Ord. No. 85-20)
(b) The Planning Commission may grant the use permit if it finds that:
(Code 1965, § 10815; Ord. No. 85-20)
(1) Under the circumstances of the particular case, the use (although not normally permitted or conditionally permitted in the zoning district) would not be significantly inappropriate in the zoning district in which it is proposed to be located. A use would be significantly inappropriate if it is not compatible with other uses in the district, e.g., a commercial use in an industrial zone;
(Code 1965, § 10815; Ord. No. 85-20)
(2) The relocatee provides evidence satisfactory to the Planning Commission that it has made substantial, good faith efforts to locate in an appropriate zoning district and it would be unreasonable, and would place an undue burden on the relocatee, not to allow the use to be located in a zoning district in which it would not be significantly inappropriate;
(Code 1965, § 10815; Ord. No. 85-20)
(3) The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the city.
(Code 1965, § 10815; Ord. No. 85-20)
(c) Relocatee: Any person, business, firm, corporation, or entity lawfully operating at a location in the city which is displaced by action of the city or the city Redevelopment Agency and is entitled to receive relocation benefits under the provisions of the Uniform Relocation Assistance and Land Acquisition Policies Act (Public Law 91-646) and California Administrative Code, title 25, chapter 6.
(Code 1965, § 10815; Ord. No. 85-20)
(d) A use which is allowed to relocate in another zoning district in accordance with this section shall be deemed to be a nonconforming use and shall be subject to the provisions of section 122-745 of this chapter.
(Code 1965, § 10815; Ord. No. 85-20)
Sec. 122-747. Notification of public hearings.
(a) When a provision of this chapter requires notice of a public hearing pursuant to this section, notice shall be given in all of the following ways:
(Code 1965, § 10819; Ord. No. 85-4)
(1) Publication in at least one newspaper of general circulation in the city at least ten calendar days prior to the hearing;
(Code 1965, § 10819; Ord. No. 85-4)
(2) Mailing or delivering of a notice to the owner and occupant of the subject property, the applicant, the permittee (if any), and the appellant (if any), at least ten calendar days prior to the hearing.
(Code 1965, § 10819; Ord. No. 85-4; Ord. No. 93-11)
(3) a. Where the public hearing concerns specific property one notice of not less than 11 inches by 17 inches in size shall be posted in a clearly visible location on each frontage of the property at least ten days prior to the public hearing. The posting of signs shall not be required where a zoning amendment is initiated by the city and affects multiple ownerships.
(Code 1965, § 10819; Ord. No. 93-11)
b. The notices shall be posted by the applicant. The applicant shall be responsible for insuring the sign is maintained in good condition and must replace the sign within one working day if it has been moved, fallen, or destroyed.
(Code 1965, § 10819; Ord. No. 93-11)
(b) When a provision of this chapter requires notice of a public hearing pursuant to this section, notice shall be given in all the following ways:
(Code 1965, § 10819; Ord. No. 85-4)
(1) As required by subsection (a) of this section;
(Code 1965, § 10819; Ord. No. 85-4)
(2) Mailing or delivering of a notice to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, and whose ability to provide those facilities and services may be significantly affected by the matter to be considered at the hearing. The notice shall be mailed or delivered at least ten calendar days prior to the hearing;
(Code 1965, § 10819; Ord. No. 85-4)
(3) Mailing or delivering of a notice to all owners, as shown on the latest equalized assessment roll, and occupants of real property within 300 feet of the property which is the subject of the hearing. The notice shall be mailed or delivered at least ten calendar days prior to the hearing. In lieu of utilizing the assessment roll, the Chief of Planning may, at his discretion, utilize records of the County Assessor which contain more recent information than the assessed roll;
(Code 1965, § 10819; Ord. No. 85-4; Ord. No. 93-11)
(4) For large family day care homes only, at least ten days prior to the date in which the Zoning Administrator will make a decision on an application for a large family day care home, the Chief of Planning or his designee shall give notice of the proposed use, by mail or delivery, to all owners shown on the last equalized assessment roll as owning real property within a 100-foot radius of exterior boundaries of the proposed large family day care home. Notice shall not be mailed or delivered to owners of property located beyond the 100-foot radius.
(Code 1965, § 10819; Ord. No. 98-8)
(c) If the number of owners or occupants to whom notice would be mailed or delivered pursuant to this section is greater than 1,000, the Chief of Planning, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least ten calendar days prior to the hearing.
(Code 1965, § 10819; Ord. No. 85-4; Ord. No. 93-11)
(d) When a provision of this chapter requires notice to be given pursuant to subsection (a) or (b) of this section, the notice shall also be mailed or delivered at least ten calendar days prior to the hearing to any person who has filed a written request for notice with the City Clerk. The fee for this service shall be set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10819; Ord. No. 85-4)
(e) When a provision of this chapter requires notice to be given pursuant to subsection (a) or (b) of this section, and the action to be considered was initiated by an applicant or appellant, then, at the time of filing the application/appeal, the applicant/appellant shall provide a sufficient number of stamped envelopes to use in meeting the mailing requirements of this section. The applicant/appellant shall be responsible for ascertaining the names, addresses, and parcel numbers of all persons entitled to receive notice under this section and shall be responsible for addressing each envelope submitted. The envelope shall show the parcel number of the property the addressee owns if the notice is mailed pursuant to subsection (a). All envelopes shall have as a return address the address of the city offices.
(Code 1965, § 10819; Ord. No. 85-4)
(f) As used in this section, "notice of a public hearing" means a notice that includes the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.
(Code 1965, § 10819; Ord. No. 85-4)
(g) The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions taken at the hearing.
(Code 1965, § 10819; Ord. No. 85-4)
Sec. 122-748. Covenant of easement requirements.
As a condition of approval of a subdivision, parcel map, or permit, the approving body may require that an easement for parking, ingress, egress, emergency access, light and air access, landscaping, and/or open space purposes be created by a recorded covenant of easement made by the property owner to the city provided that all of the real property to be benefitted or burdened by the covenant is in common ownership. A covenant of easement shall meet all of the requirements of Government Code §§ 65870--65875 and shall be in a form approved by the City Attorney.
(Code 1965, § 10820; Ord. No. 93-15)
Sec. 122-749. Release of covenant for easement.
Any person, whether or not that person has title to the real property affected by the covenant of easement may, upon payment of a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, request that the city release a covenant of easement, which was created pursuant to the authority of section 122-748. A public hearing by the Planning Commission shall be held on the request to release the covenant of easement with notice of the hearing provided in accordance with section 122-747 of this Code. A release shall be recorded by the city if, after hearing, it is determined that the restrictions on the property are no longer necessary to achieve the land use goals of the city.
(Code 1965, § 10820.1; Ord. No. 93-15)
Secs. 122-750--122-780. Reserved.
GRAPHIC LINK: General Plan Circulation Plan
GRAPHIC LINK: Exhibit A - Recreational Vehicle on the Driveway
GRAPHIC LINK: Exhibit B - Recreational Vehicle on Parking Pad Adjacent to the Driveway
ARTICLE V. PLANNED UNIT DEVELOPMENT
The purpose of the planned unit development is to promote the development of residences on adequate building sites while conserving open spaces and preserving natural resources. Open space areas are developed consistent with the goals of the General Plan. Other values of the planned unit development are an improved residential environment that preserves privacy while promoting sociability, reducing development costs, and enhancing property values.
(Code 1965, § 10861; Ord. No. 755)
Sec. 122-782. Application procedure.
Application for a planned unit development shall be in the form of a use permit and may be permitted in any district, provided that the site area is of sufficient size and the Planning Commission makes a finding that, in the particular instance, the development will be compatible and has a meaningful relationship with the neighborhood in which it is proposed. The application shall include sufficient information and exhibits as listed below to adequately represent the final project. If the Planning Commission approves the application, the applicant may proceed with final working drawings, which may include a final map, and submit these to the Planning Commission for review to certify conformance with the preliminary plan.
(Code 1965, § 10862; Ord. No. 755)
Sec. 122-783. Exhibits to be filed with application.
The following exhibits, in addition to those required by the Subdivision Ordinance, if the creation of building sites is involved, shall be filed with the application:
(Code 1965, § 10863; Ord. No. 755)
(1) A landscaping and open space treatment plan;
(Code 1965, § 10863; Ord. No. 755)
(2) A comprehensive grading plan, including street and lot layout;
(Code 1965, § 10863; Ord. No. 755)
(3) A visual design plan, including such elements as fences, pathways, street lighting, signs, and other features oriented to the public view;
(Code 1965, § 10863; Ord. No. 755)
(4) Sufficient exhibits of street elevations to show final appearance;
(Code 1965, § 10863; Ord. No. 755)
(5) A comprehensive soils engineering report;
(Code 1965, § 10863; Ord. No. 755)
(6) Street cross sections proposed for the development;
(Code 1965, § 10863; Ord. No. 755)
(7) The city may require a geologic report.
(Code 1965, § 10863; Ord. No. 755)
Sec. 122-784. Density transfer.
The concept of density transfer, i.e., the creation of smaller building sites than otherwise permitted, is encouraged provided adequate usable open space is made available. Setback and frontage requirements shall be guided by the specifications set forth in the Zoning Ordinance, based on site area, but may be modified for just cause.
(Code 1965, § 10864; Ord. No. 755)
Sec. 122-785. Dedication of open space.
Any open space provided in connection with the density transfer provision shall be acceptable to the city and shall be secured by dedication to the city.
(Code 1965, § 10865; Ord. No. 950)
Sec. 122-786. Maintenance of open space.
Open space maintenance shall be consistent with the function of the open space and shall be provided by the city.
(Code 1965, § 10866; Ord. No. 755)
Sec. 122-787. Variations from General Plan.
Housing types shall be as expressed in the General Plan, except that variations may be introduced when approved by the Planning Commission.
(Code 1965, § 10867; Ord. No. 755)
(1) Other than detached single-family residences shall be located sufficiently distant from transitional use lines to protect existing single-family areas.
(Code 1965, § 10867; Ord. No. 755)
(2) Traffic circulation associated with diversified housing types shall not infringe on the peace, comfort, or general welfare of existing or potential single-family areas.
(Code 1965, § 10867; Ord. No. 755)
Secs. 122-788--122-810. Reserved.
ARTICLE VI. HILLSIDE DEVELOPMENT
Sec. 122-811. Purpose and intent.
This article is intended to protect the health, safety, and welfare of residents of the city by establishing regulations for managing the development of hillside areas. This article seeks to minimize the risk of personal injury, impact to water quality, and damage to property from landslides, erosion, earth creep, stormwater runoff, and other hazards in and near hillside areas of the city. It is not the intent of this article to prohibit grading but to minimize the need for grading and to ensure that, when grading is necessary, it appears to be as natural and unobtrusive as possible.
(Code 1965, § 10740; Ord. No. 85-45; Ord. No. 01-12, § 2)
(b) A further intent of this article is to facilitate protection of existing views from both private development and public open space and rights-of-way from encroachment by new development. To achieve these purposes and intents, and to implement the policies of the General Plan relating to development in hillside areas, this Hillside Development Ordinance is adopted.
(Code 1965, § 10740; Ord. No. 85-45; Ord. No. 01-12, § 2)
This article shall apply to all parcels that have an average slope of 15 percent or more, except as provided in subsection (a) of this section. In the event of conflicts between the provisions of this article and the existing zoning district applicable to such parcel(s), the provisions of this article shall apply.
(Code 1965, § 10741; Ord. No. 85-45; Ord. No. 01-12, § 2; Ord. No. 05-1)
(a) All parcels meeting the following standards shall be excluded from the density requirements of Section 112-813(a):
(Ord. No. 05-1)
(1) The parcel shall have an average slope of less than 20 percent; and
(Ord. No. 05-1)
(2) The parcel shall have either existing development or be surrounded by land that has General Plan and Zoning designations for development on all four sides of or abutting its entire perimeter, and
(Ord. No. 05-1)
(3) The parcel shall not abut open space on any side of its perimeter; and
(Ord. No. 05-1)
(4) The parcel shall be less than five acres in size.
(Ord. No. 05-1)
(b) The parcel(s) shall conform to the purpose and intent of this Article, as well as conform to the applicable development standards of this Article.
(Ord. No. 05-1)
Sec. 122-813. Development standards.
(a) Density. Notwithstanding the density allowed by the underlying zoning district, the maximum density at any parcel to which this article applies shall not exceed that shown on the attached Table A entitled "Maximum Density at Hillside Parcels" [at the end of this article] which is incorporated herein by reference.
(Code 1965, § 10742; Ord. No. 85-45; Ord. No. 05-1)
(b) Exclusions. The Planning Commission may delegate the authority to approve the exclusion of portion(s) of the site to the Planning Manager. The determination of the Planning Manager may be appealed to the Commission as part of the review of a hillside development plan.
(Code 1965, § 10742; Ord. No. 85-45; Ord. No. 01-12, § 3)
(c) Unit count. The maximum number of units allowed at a hillside site shall be determined by applying the density approved by the Planning Commission to the area of the site, not including all areas that have been excluded from the calculation of the average slope.
(Code 1965, § 10742; Ord. No. 85-45)
(d) Exception for single-family residences. However, nothing in this article shall prohibit the construction and occupancy of a single-family residence at a parcel created pursuant to the Subdivision Map Act and the city's Subdivision Ordinance prior to the effective date of this article.
(Code 1965, § 10742; Ord. No. 85-45)
(e) Applicability of standards of underlying district. All other development standards applicable for the underlying zoning district shall be applicable to a hillside parcel.
(Code 1965, § 10742; Ord. No. 85-45)
Sec. 122-814. Hillside development plan.
(a) Project initiation. To initiate a project at any parcel to which this article applies, the property owner(s) or assignee(s) shall submit a hillside development plan for review and approval by the Planning Commission, provided that the Zoning Administrator shall review and act on hillside development plans for single-family residences at existing lots. The hillside development plan shall describe the proposed development and use of all parcels affected by the project, including any parcels where this article does not apply.
(Code 1965, § 10743; Ord. No. 85-45)
(b) Contents. The hillside development plan shall include the information specified in section 122-684 of this Code (preliminary development plans for parcels zoned Planned District), plus the following information:
(Code 1965, § 10743; Ord. No. 85-45)
(1) Map of existing and final contours, with a contour interval no greater than two feet; these contours shall extend 50 feet into all abutting properties;
(Code 1965, § 10743; Ord. No. 85-45)
(2) Colored maps of existing and final slope, based on the following slope categories: zero to ten percent, ten to 15 percent, 15 to 20 percent, 20 to 25 percent, 25 to 30 percent, 30 to 35 percent, 35 to 40 percent, 40 to 50 percent, and greater than 50 percent; adjoining slope categories shall be shown using contrasting colors;
(Code 1965, § 10743; Ord. No. 85-45; Ord. No. 01-12, § 4)
(3) A description of the existing and post-project appearance of the site as seen from public open spaces, rights-of-way, and other public places. The description shall use both written and visual materials, as may be determined appropriate by staff;
(Code 1965, § 10743; Ord. No. 85-45)
(4) A written description of existing and post-project views as seen from adjoining parcels located even with or above the lowest elevation of the site;
(Code 1965, § 10743; Ord. No. 85-45)
(5) Cross sections of all proposed cut or fill areas, including existing and final profiles; the cross sections shall extend 50 feet into abutting properties; and
(Code 1965, § 10743; Ord. No. 85-45)
(6) A discussion of the expected need for erosion control and a list of likely erosion control measures to be implemented. (A detailed discussion of proposed facilities to manage stormwater runoff is not required as part of a hillside development plan.)
(Code 1965, § 10743; Ord. No. 85-45)
(c) Fee. Applications for approval of a hillside development plan or for an amendment or extension to an approved plan shall be accompanied by a fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 10743; Ord. No. 85-45; Ord. No. 88-30)
(d) Evaluation of plan. The Planning Commission shall evaluate the hillside development plan based on the following criteria:
(Code 1965, § 10743; Ord. No. 85-45)
(1) In general, the project shall be designed to fit the existing topography; the site shall not be graded to accommodate the project;
(Code 1965, § 10743; Ord. No. 85-45)
(2) The proposed density does not exceed the maximum allowed density, as determined pursuant to section 122-813 above, unless section 122-812(a) applies to the parcels;
(Code 1965, § 10743; Ord. No. 85-45; Ord. No. 05-1)
(3) All areas with a slope greater than 40 percent shall be left undisturbed;
(Code 1965, § 10743; Ord. No. 85-45)
(4) Slopes created by grading of the site shall not exceed 30 percent;
(Code 1965, § 10743; Ord. No. 85-45)
(5) Final contours and slopes shall generally reflect existing landforms; in particular, building pads and terraces interspersed with slopes shall not be created and ridgelines, knolls, and significant tree masses shall be maintained;
(Code 1965, § 10743; Ord. No. 85-45; Ord. No. 01-12, § 4)
(6) All areas not under structures with a final slope greater than 20 percent shall be left uncovered by impervious surface and may be disturbed only as may be necessary to develop the site;
(Code 1965, § 10743; Ord. No. 85-45)
(7) Maximum coverage of a parcel by impervious surfaces shall not exceed 40 percent of the gross land area, and such maximum may be reduced by the Planning Commission in areas where the slope exceeds 15 percent;
(Code 1965, § 10743; Ord. No. 85-45)
(8) The proposed development shall seek to avoid significant intrusion(s) into the views from adjoining up-slope residences;
(Code 1965, § 10743; Ord. No. 85-45)
(9) Views from public open space areas, rights-of-way, and other public places and of major public open space areas shall not be significantly affected, although minor intrusions into such views may be permitted;
(Code 1965, § 10743; Ord. No. 85-45)
(10) Wide pads or level areas should not be created to accommodate roads. Roads should be fit into the existing topography; one-way roads are preferred over two-way roads, and on-street parking should be parallel to the road, not perpendicular;
(Code 1965, § 10743; Ord. No. 85-45)
(11) The buildings, parking, carports, and landscaping shall be arranged so that view corridors from downslope lots are created; and
(Code 1965, § 10743; Ord. No. 85-45)
(12) The highest point of any structure shall not be located within 100 vertical feet of a ridgeline (i.e., a ground line located at the highest elevation of a connected series of major and minor hills or mountains).
(Code 1965, § 10743; Ord. No. 85-45)
(e) Action and findings.
(1) Following submission of a complete hillside development plan, including all supporting data, the Planning Commission shall hold a public hearing, notice for which shall be provided in conformance with section 122-747(b) of this Code. After the hearing is closed, the Commission shall take one of the following actions:
(Code 1965, § 10743; Ord. No. 85-45)
a. Approve the plan as submitted, with any conditions that may be necessary to secure conformance with the provisions of this Code and the General Plan;
(Code 1965, § 10743; Ord. No. 85-45)
b. Disapprove the plan; or
(Code 1965, § 10743; Ord. No. 85-45)
c. Continue consideration of the plan to a future meeting.
(Code 1965, § 10743; Ord. No. 85-45)
(2) In order to approve a plan, the Planning Commission shall find that:
(Code 1965, § 10743; Ord. No. 85-45)
a. The plan conforms to the General Plan and this Code;
(Code 1965, § 10743; Ord. No. 85-45)
b. The plan conforms with all the criteria listed above and any guidelines adopted by the Commission to supplement the criteria; and
(Code 1965, § 10743; Ord. No. 85-45)
c. The proposed development will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or employed in the vicinity of the site or be detrimental or injurious to property and improvements in the vicinity or to the general welfare of the city.
(Code 1965, § 10743; Ord. No. 85-45)
(3) The Planning Commission may reduce the allowed density at a parcel if it determines that such reduction is necessary to:
(Code 1965, § 10743; Ord. No. 85-45)
a. Protect the health, safety, or general welfare of persons residing or employed in the vicinity of the site or property and improvements in the vicinity or to the general welfare of the city;
(Code 1965, § 10743; Ord. No. 85-45)
b. Protect water quality in downstream creeks or rivers; or
(Code 1965, § 10743; Ord. No. 85-45)
c. Preserve significant views from public open spaces, rights-of-way, or other public places.
(Code 1965, § 10743; Ord. No. 85-45)
All hillside development plans shall be subject to Design Review. Design review shall include, but not be limited to, evaluation of site grading and proposed finished grades, location of building sites, building heights and orientation with respect to finished grades, building architecture, landscaping and fencing, and hillside/slope restoration. Deviations from the approved hillside development plan may only be approved by an amendment to the Plan pursuant to section 122-820.
(Code 1965, § 10744, 10745; Ord. No. 85-45; Ord. No. 01-12, § 5; Ord. No. 05-1)
Sec. 122-816. Plan requirements for property zoned Planned District.
For single-family residential subdivisions proposed at properties zoned Planned District to which this article is applicable, the hillside development plan shall also fulfill the requirement for a preliminary development plan. No additional fee shall be charged for a hillside development plan that fulfills the requirement for a preliminary development plan.
(Code 1965, § 10745, 10746; Ord. No. 85-45; Ord. No. 90-1; Ord. No. 01-12, § 5; Ord. No. 05-1)
Sec. 122-817. Erosion control plan.
(a) An erosion control plan is required to be submitted and approved by the Engineering Division for all subdivisions (minor and major) filed with the city when acceptance of the improvements is not expected before the rainy season (October 15 to April 15) where:
(Code 1965, § 10746, 10747; Ord. No. 85-45; Ord. No. 90-1; Ord. No. 05-1)
(1) Slopes are over 15 percent; or
(Code 1965, § 10747; Ord. No. 85-45; Ord. No. 05-1)
(2) The grading operation is over 150 cubic yards; or
(Code 1965, § 10747; Ord. No. 85-45; Ord. No. 05-1)
(3) Any grading operation is within 100 feet of a watercourse (top of bank) or any other water body.
(Code 1965, § 10747; Ord. No. 85-45; Ord. No. 05-1)
(b) A plan is to be prepared in accordance with the Manual of Standards for Erosion and Sediment Control Measures for both temporary and permanent erosion control measures.
(Code 1965, § 10747; Ord. No. 85-45; Ord. No. 05-1)
(c) The cost of erosion control measures are to be included in the subdivision cost estimates for bonding and construction inspection fee calculations.
(Code 1965, § 10747; Ord. No. 85-45; Ord. No. 05-1)
(d) A plan should be approved no later than September 1 and installation of control measures completed no later than October 15 of each year.
(Code 1965, § 10747; Ord. No. 85-45; Ord. No. 05-1)
(e) Construction inspectors will inspect the installation of control measures and monitor functioning of same during winter and require repairs/revisions as needed.
(Code 1965, § 10747; Ord. No. 85-45; Ord. No. 05-1)
All fences at hillside properties shall consist of wire mesh and wood post or other material that does not significantly affect views of the site. Chainlink fence is prohibited. Solid wood, masonry, or other opaque fences or materials shall not be permitted.
(Code 1965, § 10747, 10748; Ord. No. 85-45; Ord. No. 01-12, § 6; Ord. No. 05-1)
Sec. 122-819. Amendment of approved plan.
(a) Contents. If an applicant amends an approved hillside development plan in any way, it shall be submitted for review to the Planning Manager, and shall include information required in section 122-814(b) to the extent relevant to the requested amendment.
(Code 1965, § 10748; Ord. No. 85-45; Ord. No. 01-12, § 7; Ord. No. 05-1)
(b) Action. The Planning Manager shall determine whether the proposed amendment constitutes a minor or significant change to the approved hillside development plan.
(Code 1965, § 10748; Ord. No. 85-45; Ord. No. 01-12, § 7; Ord. No. 05-1)
(1) Except for the criterion stated in subsection (b)(2) below, the criteria set forth in section 122-814(d) shall be considered in determining whether the proposed change in the approved hillside development plan constitutes a significant change. If deemed significant, the proposed amendment shall require review and approval by the Planning Commission.
(Code 1965, § 10748; Ord. No. 85-45; Ord. No. 01-12, § 7; Ord. No. 05-1)
(2) Any change to building pad and/or driveway elevations shall be considered significant, and shall require review and approval by the Planning Commission.
(Code 1965, § 10748; Ord. No. 85-45; Ord. No. 01-12, § 7; Ord. No. 05-1)
(3) If the Planning Manager determines that the proposed amendment is minor, said amendment shall be reviewed administratively.
(Code 1965, § 10748; Ord. No. 85-45; Ord. No. 01-12, § 7; Ord. No. 05-1)
(4) The Design Review Board shall consider significant amendments to hillside development plans pursuant to section 122-816. The Planning Manager may determine that minor deviations from the approved hillside development plan shall be reviewed by the Design Review Board.
(Code 1965, § 10748; Ord. No. 85-45; Ord. No. 01-12, § 7; Ord. No. 05-1)
Secs. 122-820--122-840. Reserved.
GRAPHIC LINK: Maximum Density at Hillside Parcels
CALCULATION OF AVERAGE SLOPE
The average slope of a parcel is calculated using the following formula:
S = 100 I L/A
Where:
TABLE INSET:
Letter |
= |
Meaning |
|---|---|---|
| S | = | Average slope (in percent) |
| I | = | Contour interval (in feet) |
| L | = | Total length of all contour lines on the parcel (in feet) |
| A | = | Area of subject parcel (in square feet) |
ARTICLE VII. OFF-STREET PARKING FACILITIES*
__________
*Cross references: Stopping, standing, and parking, § 106-311 et seq.
__________
Sec. 122-841. General provisions.
(a) Description and purpose. This article establishes minimum requirements for off-street vehicular storage and maneuvering areas to protect the health, safety, and general welfare of the public.
(Code 1965, § 10821; Ord. No. 241; Ord. No. 713; Ord. No. 1169)
(b) Off-street parking required. Off-street parking, in an amount established by this article, shall be provided at the time of the initial construction, structural modification, enlargement, or other change in the size, use, or intensity of use of any structure. Sufficient parking space shall be required to meet the needs of occupants, customers, tenants, and employees who may occupy a structure, as well as provide parking spaces for all company-owned or leased motor vehicles.
(Code 1965, § 10821; Ord. No. 782; Ord. No. 1169)
(c) Issuance of certificate of occupancy. All off-street parking required by this article shall be provided prior to the issuance of a certificate of occupancy.
(Code 1965, § 10821; Ord. No. 1169)
(d) Conflicting regulations. If the parking requirements of this article conflict with any parking requirements established in this Code for a specific zoning district or specific locations in the city, then those specific parking requirements shall prevail over the general requirements established in this article.
(Code 1965, § 10821; Ord. No. 713; Ord. No. 1169)
(e) Calculation of parking requirements.
(1) Whenever parking requirements are based on square footages, calculations shall be based on gross square footage of the building or use. Gross square footage includes areas located within structures, including hallways in the first three stories of buildings and outside areas used for sales and/or display; e.g., plant nurseries and building material sales. It excludes restrooms, stairways, elevator shafts, and common areas used only for major pedestrian movement, such as enclosed malls and public lobby areas. When public lobby areas contain uses that generate a demand for additional parking, they shall be included in gross square footage calculations for determining parking requirements.
(Code 1965, § 10821; Ord. No. 713; Ord. No. 1169; Ord. No. 1226)
(2) When a single structure or parcel contains multiple uses, more than one parking standard may apply.
(Code 1965, § 10821; Ord. No. 713; Ord. No. 1169)
(3) Available on-street parking spaces cannot be used to meet the requirements set forth herein. No development plans shall be based on the assumption that excess vehicles can be parked on public streets.
(Code 1965, § 10821; Ord. No. 713; Ord. No. 1169)
When parking regulations are based on the number of employees, parking calculations shall use the largest number of employees who work at any one work shift. Where shift changes may cause substantial overcrowding of parking facilities, the approving body may require additional spaces.
(Code 1965, § 10821; Ord. No. 713; Ord. No. 1169)
Except as otherwise set forth below, the language of this article shall be interpreted in reference to and consistent with existing definitions in this chapter.
(Code 1965, § 10822; Ord. No. 241; Ord. No. 1169)
Approving body. The public body authorized by this Code to approve a development. The term shall also include the governmental body authorized to pass upon an appeal if one has been made in accordance with the provisions of this Code.
(Code 1965, § 10822; Ord. No. 1169)
Parking area. A lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of vehicles.
(Code 1965, § 10822; Ord. No. 1169)
Public lobby areas. Areas of a building designed for the purpose of allowing the public to congregate. These areas include, but are not limited to, hotel registration lobbies, connecting hallways between adjoining lobbies, and areas immediately outside of an auditorium for the congregating of the public.
(Code 1965, § 10822; Ord. No. 1169)
Cross references: Definitions generally, § 1-10.
Sec. 122-843. Development and maintenance of parking areas.
Every parcel of land hereafter used as a parking area, including motor vehicle sales lots, shall be developed and maintained in accordance with the following requirements:
(Code 1965, § 10823; Ord. No. 241; Ord. No. 713; Ord. No. 1169)
(1) General requirements for parking areas.
a. All off-street parking areas shall be surfaced with asphalt concrete pavement, or comparable material, and shall be graded to dispose of all surface water. Plans shall contain a cross section of the parking lot indicating the composition and thickness of the materials to be used, as well as indicating the structural strength of the parking area. All parking and grading plans relating to the parking facilities shall be reviewed and approved by the Public Works and Planning Departments before any work can commence.
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169)
b. Parking areas shall be designed to provide orderly and safe circulation, loading, unloading, parking, and storage of vehicles. All parking areas shall be striped, marked, and maintained according to approved plans.
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169)
c. Lighting provided in off-street parking areas shall be directed away from adjoining premises and streets. The type and location of luminaires shall be approved by the Public Works Department.
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169)
d. An entrance to a parking area accommodating more than 50 automobiles shall include a median strip approved by the approving body which is designed to eliminate possible cross traffic within the parking area within 50 feet of the public right-of-way. This requirement may be increased or decreased by the approving body depending on the size of the parking area, the circulation plan, and sight and safety considerations.
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169)
e. Off-street parking areas shall allow vehicles to enter and exit from a public street by forward motion only. This regulation does not apply to parking areas serving one- and two-family residential units, unless specifically required by conditions of a permit.
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169)
f. Pavement, plantings, luminaires, and all other parking area components shall be maintained to prevent deterioration and safety hazards.
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169)
g. No tandem parking (one space behind another) shall be allowed, except for conventional single-family dwellings, duplexes, apartments, townhouses, and condominiums, provided that both spaces are assigned to the same dwelling unit and the plan is approved by the approving body.
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169)
h. Compact parking spaces may be utilized to meet the parking requirements of this article, provided the following criteria are met:
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169; Ord. No. 1203; Ord. No. 1226)
1. In nonresidential parking areas, the number of compact spaces shall be no greater than 50 percent of the total parking spaces;
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169; Ord. No. 1203; Ord. No. 1226)
2. In residential parking areas, the number of compact spaces shall be no greater than 50 percent of all spaces; all required covered spaces shall be standard size;
(Code 1965, § 10823; Ord. No. 1203; Ord. No. 1226)
3. All compact spaces are to be designated with a sign or pavement marking.
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169; Ord. No. 1203; Ord. No. 1226)
i. When the distance from a commercial or office structure to the abutting public right-of-way exceeds 80 feet, pedestrian walkways shall connect the structure and the public street, provided the street frontage is reasonably related to a public entrance to the structure. The location of such walkway shall be approved by the approving body.
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169)
j. Off-street parking spaces shall be located only behind the setback line established for the use it serves, unless the setback for the use is less than 15 feet, in which case the off-street parking setback shall be a minimum of 15 feet.
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169)
k. Trees of a type approved by the approving body shall be planted and maintained along access drives at approximately 20 feet intervals, at the end of parking tiers, and at such spaces in parking bays as may be required by the approving body.
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169)
l. Where off-street loading areas are required as a condition of approval, vehicles shall enter and exit off-street loading areas to/from public streets in a forward motion only. All maneuvering of vehicles necessary to enter or exit loading areas shall not occur on any city streets.
(Code 1965, § 10823; Ord. No. 86-2)
(2) Transitional lot areas. Off-street parking areas which are adjacent to residential uses or residential zoning districts shall be effectively screened on the abutting sides by a solid masonry wall or heavy wood fence of a design approved by the approving body. Such wall or fence shall not be less than six feet in height and shall be maintained in good condition. If parking areas are 50 feet or more from the nearest residential uses or residential zoning districts, the approving body may waive the requirement for such walls or fences. A planting strip with a minimum width of five feet shall be planted and maintained between a parking area and any residential use or residential zoning district.
(Code 1965, § 10823; Ord. No. 713; Ord. No. 1169)
Sec. 122-844. Location of required parking facilities.
(a) General. Off-street parking facilities shall be located on the same parcel of land as the structure(s) they serve, except as provided below:
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1169)
(b) Shared parking facilities. The approving body for the underlying project may allow the parking requirements of this article to be satisfied by the sharing of parking spaces by more than one use, provided:
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169; Ord. No. 86-2)
(1) The proposal is in the best interests of the city and does not inhibit the implementation of other city ordinances, policies, or plans; and
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
(2) The applicant is able to show that peak hours of use will not overlap or coincide to the degree that peak demand for spaces from all uses is greater than the total supply of spaces; and
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
(3) The shared parking facility is within 700 feet of the principal entrance containing the use(s) for which the parking is required. Within the Downtown Business Zoning District, spaces intended for patrons and employees of a theater, sports arena, public assembly or meeting facility may be located within 1,000 feet of the primary entrance of the facility. These stated maximums shall not apply where the shared parking is on the same parcel of land;
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169; Ord. No. 89-5)
(4) A written agreement between landowner(s) and the city, in a form satisfactory to the City Attorney, is approved by the approving body. This agreement concerning use and access to parking spaces shall be in the form capable of and subject to being recorded to constitute a covenant running with the land. The agreement shall include:
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
a. A guarantee that there will be no substantial change in the uses that will create a greater demand for parking;
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
b. A guarantee among the landowners for access to and use of the shared parking facilities;
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
c. A provision that the city may require parking facilities in addition to those originally approved upon finding by the approving body that adequate parking to serve the use(s) has not been provided; and
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
d. A provision stating that the city, acting through the approving body, may, with due cause, notice, and hearing, unilaterally modify, amend, or terminate the agreement at any time.
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
(c) Off-site parking facilities. The approving body for the underlying project may allow the parking requirements of this article to be satisfied through the provision of off-site parking facilities, provided:
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169; Ord. No. 86-2)
(1) The proposal is in the best interests of the city and does not inhibit the implementation of other city ordinances, policies, or plans; and
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
(2) The off-site parking facility is within 700 feet of the principal entrance containing the use(s) for which the parking is required. Within the Downtown Business Zoning District, spaces intended for patrons and employees of a theater, sports arena, public assembly or meeting facility may be located within 1,000 feet of the primary entrance of the facility.
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169; Ord. No. 89-5)
(3) Off-site parking facilities may be shared by more than one use by meeting the shared parking requirements.
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
(4) A written agreement between the landowner(s) and the city in a form satisfactory to the City Attorney is approved by the approving body. This agreement concerning use and access to parking spaces shall be in the form capable of and subject to being recorded to constitute a covenant running with the land. The agreement shall include:
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
a. A guarantee that there will be no substantial change in the uses that will create a greater demand for parking;
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
b. A guarantee among the landowners for access to and use of the parking facilities;
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
c. A provision that the city may require parking facilities in addition to those originally approved upon finding by the approving body that adequate parking to serve the use(s) has not been provided; and
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
d. A provision stating that the city, acting through the approving body, may, with due cause, notice, and hearing, unilaterally modify, amend, or terminate the agreement at any time.
(Code 1965, § 10824; Ord. No. 713; Ord. No. 1165; Ord. No. 1169)
Sec. 122-845. Required number of parking spaces.
The number of off-street parking spaces required for each use shall be as follows:
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
(1) Residential uses.
a. Conventional single-family detached:
1. Two off-street parking spaces for each family or dwelling unit. At least one parking space shall be located in a carport or garage and comply with all building setback requirements.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
2. Exception: Because it is in the city's interest to encourage continued owner-occupancy and investment in small, relatively old single-family dwellings, the approving body may grant an exception to the above requirement, in a case where an existing garage or carport is proposed to be converted to dwelling space, provided the exceptions are based on the following findings:
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
i. That new construction to provide covered parking is:
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
(a) Not feasible due to setback requirements; or
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
(b) Incompatible with the function or appearance of the residence or its surroundings.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
ii. That the existing living area of the residence is an approximate maximum of 1,500 square feet, exclusive of covered parking area;
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
iii. That existing uncovered paved off-street parking spaces not be reduced, and that in any case at least one off-street space shall remain on the site;
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
iv. That the granting of such exceptions will not impair safe and convenient vehicular movement in the adjacent residential area.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
b. Cluster single-family, townhouses, condominiums, duplexes, apartments:
1. One and one-half parking spaces for each studio or one-bedroom unit and two parking spaces for each unit with two or more bedrooms. All units shall have a minimum of one permanently assigned covered parking space. No spaces shall be removed or converted.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
2. In addition to the above requirements, all housing types identified above with primary access along private drives or public streets on which no parking is allowed or feasible shall provide one additional space for every three units for guest parking. Guest parking shall be marked and, where possible, shall be dispersed throughout the development. Twenty-five percent of the required guest parking may be compact spaces.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
c. Senior citizen housing and housing for special needs groups: If a developer can demonstrate that an apartment or condominium project designed for residents with special needs, such as senior citizens or handicapped individuals, will not generate a need for as much parking as an apartment or condominium project designed for a general market, the approving body shall have the authority to allow a reduction in the number of required parking spaces. This authority shall not apply to any project not designed for residents with special needs. A use permit must be approved prior to the conversion of a senior citizen or other special needs group project to a general market apartment or condominium complex. Lack of off-street parking may be cause for denial of said use permit.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169; Ord. No. 88-18)
d. Hotels and motels: 1.2 parking spaces for each living or sleeping unit. Additional parking is required for ancillary uses, such as restaurants, cocktail lounges, shops, and assembly and entertainment facilities contained within a hotel/motel complex.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
e. Convalescent homes and similar group housing: For facilities which have up to ten beds, the requirement is one space for each two beds. For each additional four beds, there shall be one additional space.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
f. Rooming and lodging houses: One parking space per bedroom.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
(2) Commercial uses.
a. Retail stores and shopping centers:
1. Freestanding stores, including service garages and service commercial uses: One space for every 200 square feet.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
2. Integrated shopping centers (two or more abutting stores): The parking requirement varies according to the size of the center, as follows:
TABLE INSET:
Gross Square Footage of Building or Use(s) |
Requirement per 1,000
Square Feet of Gross Floor Area |
|---|---|
| Up to and including 50,000 | 5.0 spaces |
| Over 50,000 | 4.5 spaces |
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
If at least 25 percent of the gross floor area is to be occupied by uses which require substantially more or less parking than that identified above, the approving body may allow the parking standard for each specific use to be used to calculate the parking requirements.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
3. Restaurants, bars, cocktail lounges, nightclubs: One parking space per 45 square feet of public area, including bar and dining areas, but excluding restrooms. Also, one space per each 400 square feet of kitchen area or one space per each two kitchen area employees at the maximum work shift, whichever is greater.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
b. Furniture and appliance stores, household equipment and furniture repair shops, and bulk goods sales and service: One parking space for each 400 square feet of floor area.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
c. Commercial nurseries: One parking space per 250 square feet of gross building area, plus one space per 500 square feet of outside display or lath house area.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
d. Outdoor sales and storage uses: One parking space per each 500 square feet of outdoor sales and storage uses.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
e. Commercial recreation uses: The approving body shall determine the number of parking spaces for commercial recreation uses on a case-by-case basis according to the characteristics and location of the use, plus parking demands of ancillary uses.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
f. Motor vehicle and machine sales: One parking space for each 500 square feet of floor area.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
g. Bowling alleys: Five parking spaces per alley.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
(3) Office uses.
a. Banks; savings and loan associations; professional, business, and administrative offices (except medical and dental offices): The parking requirement varies according to the location of the office building, not the parking facility, as follows:
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169; Ord. No. 1226; Ord. No. 85-23)
1. For those properties located in the Central Concord Redevelopment Area to the west of the BART Station, as shown on Map A [at the end of this article], identified as West BART Area, the parking standard is one space per 400 square feet, unless the applicant can prove to the Planning Commission that less parking is appropriate. Through the use permit process, the Commission may lower the parking requirement to any point between the 1:400 and 1:750 ratio, but in no case to less than one space per 750 square feet. In order to reduce the parking standard, the applicant must prove that the demand for parking is below less than one space per 400 square feet because of the existence of factors which include, but are not limited to, the following:
(Code 1965, § 10825; Ord. No. 1226; Ord. No. 1246; Ord. No. 85-23; Ord. No. 86-2)
i. The demand for parking spaces generated by employees, customers, and clients is less than the 1:400 standard;
(Code 1965, § 10825; Ord. No. 1226; Ord. No. 1246; Ord. No. 85-23)
ii. The applicant and the Central Contra Costa Transit Authority have entered into an agreement whereby the applicant will offer monetary incentives to employees to regularly use public transit, e.g., transit passes to employees, and this agreement meets with the approval of the city;
(Code 1965, § 10825; Ord. No. 1226; Ord. No. 1246; Ord. No. 85-23)
iii. The applicant has obtained and implemented permission to use shared parking facilities as allowed by section 122-844 of this article.
(Code 1965, § 10825; Ord. No. 1226; Ord. No. 1246; Ord. No. 85-23)
2. For properties located in the remainder of the Central Concord Redevelopment Area, the required parking is one parking space for each 350 square feet of gross floor area.
(Code 1965, § 10825; Ord. No. 1226; Ord. No. 1246)
3. For those properties located outside of the Central Concord Redevelopment Area, the required parking is one parking space for each 300 square feet of gross floor area.
(Code 1965, § 10825; Ord. No. 1226; Ord. No. 1246)
b. Medical and dental offices and clinics: One parking space for each 200 square feet of floor area.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169; Ord. No. 1246)
(4) Industrial and wholesale uses.
a. Manufacturing plants, research and testing laboratories, bottling plants, public utility uses: One parking space for each two employees in the maximum work shift, or one space for each 1,000 square feet of gross floor area, whichever is greater.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
b. Wholesale and warehouse use: One parking space for each two employees in the maximum work shift, or one space for each 800 square feet of gross floor area, whichever is greater.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
(5) Institutional uses.
a. Child care facilities: One parking space for the first five children, plus one space for each additional ten children. At the determination of the approving body, additional parking spaces and/or a loading zone may be required.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
b. Schools (which meet state compulsory education requirements):
1. Primary (Grades K-8): One parking space per 1 1/2 employees.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
2. Secondary (Grades 9-12): One parking space per 100 square feet of classroom space.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
c. Technical and adult education (beauty academies, technical schools, and other adult education): One parking space per 40 square feet of classroom space and one parking space per 100 square feet of vocation or shop space.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
d. Hospitals: The requirement shall be based on individual cases, depending on the number of beds, the number of employees, and the capacity of outpatient facilities.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
(6) Other uses.
a. Assembly areas with fixed seats (including church sanctuaries, funeral chapels, auditoriums, theaters, and sports arenas): One parking space for each three seats.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
b. Assembly areas without fixed seats (including sanctuaries, funeral chapels, exhibition areas, dance areas, and banquet rooms): One parking space for each three persons allowed by maximum occupancy regulations of the fire code.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
c. Mechanical equipment areas: Areas of a building used for the functioning of the structure, rather than individual uses, such as elevator shafts, central heating and central air conditioning equipment, and janitorial storage, shall abide by the following requirement: one parking space per each two employees stationed in mechanical equipment areas.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
d. Storage areas: Areas of a building used for storage, except warehousing and related uses, shall abide by the following requirement: one parking space per each two employees stationed in storage areas.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
e. Unlisted uses: Uses not specifically listed shall furnish parking spaces as required by the approving body. In determining such requirements, the approving body shall use the above requirements as a general rule.
(Code 1965, § 10825; Ord. No. 713; Ord. No. 1169)
Sec. 122-846. Bicycle and motorcycle parking facilities.
The approving body may require bicycle and/or motorcycle facilities where it is deemed appropriate.
(Code 1965, § 10826; Ord. No. 1169)
Sec. 122-847. Parking area and stall dimensions.
(a) Except for special regulations stated below, the following tables shall be used. All dimensions shall be unobstructed by posts, columns, or bollards.
(Code 1965, § 10827; Ord. No. 713; Ord. No. 775; Ord. No. 1169; Ord. No. 1226)
PARKING AREA AND SPACE DIMENSIONS FOR AUTOMOBILES--STANDARD SPACES
TABLE INSET:
Angle of Parking |
Space Width |
Curb Length Per
Car |
Space Depth |
Driveway Width |
|---|---|---|---|---|
| Parallel | 9'0" | 23'0" | 9'0" | 12'0" |
| 30 | 9'0" | 18'0" | 17'4" | 11'0" |
| 40 | 9'0" | 14'0" | 19'2" | 12'0" |
| 45* | 9'0" | 12'9" | 19'10" | 13'0" |
| 50 | 9'0" | 11'9" | 20'5" | 15'0" |
| 60* | 9'0" | 10'5" | 21'0" | 18'0" |
| 70 | 9'0" | 9'8" | 21'0" | 19'0" |
| 90* | 9'0" | 9'0" | 19'0" | 24'0" |
*Most frequently used.
(Code 1965, § 10827; Ord. No. 713; Ord. No. 1169; Ord. No. 1226)
PARKING AREA AND SPACE DIMENSIONS FOR AUTOMOBILES--COMPACT SPACES
TABLE INSET:
| Angle of Parking | Space Width | Curb Length Per Car | Space Depth | Driveway Width |
|---|---|---|---|---|
| Parallel | 8'0" | 20'0" | 8'0" | 11'0" |
| 30 | 8'0" | 16'0" | 14'11" | 11'0" |
| 40 | 8'0" | 12'5" | 16'5" | 11'0" |
| 45* | 8'0" | 11'4" | 17'0" | 11'0" |
| 50 | 8'0" | 10'5" | 17'5" | 13'0" |
| 60* | 8'0" | 9'3" | 17'10" | 16'0" |
| 70 | 8'0" | 8'6" | 17'9" | 16'0" |
| 90* | 8'0" | 8'0" | 16'0" | 21'0" |
*Most frequently used.
(Code 1965, § 10827; Ord. No. 1226)
GRAPHIC LINK: Space Widths When Parking Spaces Abut a Wall or Fence
(b) Special regulations.
(1) Space widths when parking spaces abut wall or fence. When the length of a parking space abuts a wall or fence, the required width of the parking space shall be increased by two feet.
(Code 1965, § 10827; Ord. No. 1169)
(2) Intrusion of structural members into spaces. Roof support posts, columns, or other structural members cannot intrude into the required dimensions for parking spaces.
(Code 1965, § 10827; Ord. No. 1169)
(3) Space length abutting planters and walkways. When parking spaces abut a landscaped planter, the front two feet of the required length for a parking space may overhang the planter. When the parking spaces abut a walkway, the required length of the parking space shall not include any overhang over the walkway.
(Code 1965, § 10827; Ord. No. 1169)
(4) Space width in parking structure with long span construction and longterm parking.
a. Definitions.
Long span construction. Any construction system which leaves parking spaces and aisles clear of obstruction by structural members.
(Code 1965, § 10827; Ord. No. 83-19)
Longterm parking. A situation in which a vehicle is not normally moved during the period of an employee's work shift, as opposed to customer or visitor parking.
(Code 1965, § 10827; Ord. No. 83-19)
b. Minimum width permitted.
1. Standard space: 8.5 feet.
(Code 1965, § 10827; Ord. No. 83-19)
2. Compact space: 7.5 feet.
(Code 1965, § 10827; Ord. No. 83-19)
c. Driveway aisle width. The minimum driveway aisle width will be 24 feet; a combination of standard car spaces are to be located on one side of the aisle and compact car spaces are to be located on the other side of the aisle.
(Code 1965, § 10827; Ord. No. 83-19)
(5) Compact parking spaces. Minimum basic dimension shall be eight feet by 16 feet.
(Code 1965, § 10827; Ord. No. 1169; Ord. No. 1226; Ord. No. 83-19)
(6) Handicapped parking. Each lot or parking structure where parking is provided for the public as clients, guests, or employees shall include parking accessible to handicapped or disabled persons as near as practical to a primary entrance and in accordance with the standards for number of spaces, size, location, signing, and markings/striping set forth in chapter 71, "Site Development Requirements for Handicapped Accessibility," of title 24 of the California Code of Regulations.
(Code 1965, § 10827; Ord. No. 1169; Ord. No. 83-19; Ord. No. 90-23)
(7) Specific parking area design. Where an applicant can demonstrate, to the satisfaction of the Planning Commission, that variations on the dimensions otherwise required by this section are warranted, a specific parking area design may be approved through a use permit procedure, under the following limitations:
(Code 1965, § 10827; Ord. No. 85-24)
a. The area affected by the specific design shall be for parking by persons employed at the site only. Visitor parking stalls shall meet the dimensions otherwise required.
(Code 1965, § 10827; Ord. No. 85-24)
b. The surface area available for parking shall not be less than would be required to accommodate the minimum required number of stalls at the dimensions otherwise required for standard and compact stalls.
(Code 1965, § 10827; Ord. No. 85-24)
c. The Planning Commission may impose reasonable transportation systems management measures as a condition of such use permit in order to minimize impact on traffic circulation at peak hours.
(Code 1965, § 10827; Ord. No. 85-24)
(c) Optional double line striping. Each parking space shall measure nine feet from center to center, with double stripes two feet apart, as shown in the following diagram:
(Code 1965, § 10827; Ord. No. 1169)
GRAPHIC LINK: Double Line Striping
(d) Minimum dimensions for residential carport. Each single-car carport shall measure nine feet wide by 19 feet long. Each double carport shall measure 18 feet wide by 19 feet long. The width of the carport is to be measured from inside face of support to inside face of opposite support. The carport roof shall cover the entire 19-foot length of the space.
(Code 1965, § 10827; Ord. No. 1169; Ord. No. 86-33)
(e) Minimum dimensions for residential enclosed garage (inside dimensions).
(1) A single-car garage shall be ten feet wide and 22 feet long. A nine-foot-wide minimum door opening shall be provided.
(Code 1965, § 10827; Ord. No. 1169; Ord. No. 86-33)
(2) A double-car garage shall be 20 feet wide and 22 feet long. A 16-foot-wide minimum door opening shall be provided.
(Code 1965, § 10827; Ord. No. 1169; Ord. No. 86-33)
(3) If there are no encroachments which would reduce the effective length of the garage, the garage may be 20 feet long.
(Code 1965, § 10827; Ord. No. 86-33)
Sec. 122-848. Parking requirements in Downtown Business (DB) District.
(a) Purpose. The City Council finds that the Downtown area has unique parking needs which require standards and methods of compliance different from those of other areas. The purpose of this section is to establish these special requirements and means of compliance for all parcels zoned Downtown Business District (DBD).
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(b) Parking requirements. All uses shall comply with the parking requirements in sections 122-841 through 122-847 of this Code, except as provided below:
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(1) Retail (not including restaurants and cocktail lounges): One parking space per 250 square feet of gross floor area.
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169; Ord. No. 1232)
(2) Restaurants, and cocktail lounges in conjunction with restaurants, in the portion of the Downtown Business District as described in the Zoning Ordinance and bounded north of Willow Pass Road by the limits of Parking Assessment District No. 60 (being generally bounded on the west by the alley which lies between Adobe Street and Concord Avenue, on the north side of Pacheco Street by those properties zoned DB, on the east by East Street, and on the south by Willow Pass Road); and south of Willow Pass Road, the blocks bounded by Galindo Street, Clayton Road, and East Street: One parking space per 250 square feet of gross floorspace.
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1161; Ord. No. 1169; Ord. No. 1211; Ord. No. 86-2)
(3) Food-serving establishments with an approved sidewalk cafe conditional encroachment permit issued in accordance with chapter 90, article VI, of this Code are not required to provide additional parking for the sidewalk cafe provided that the additional seating located in the sidewalk cafe does not exceed 50 percent of the indoor seating capacity.
(Code 1965, § 10828; Ord. No. 94-9)
(c) Methods of compliance. The method of compliance shall be at the discretion of the approving body or appropriate statute. Compliance shall be by: (1) off-street parking, (2) in-lieu fees, and (3) parking assessment district.
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(d) Exceptions. The approving body shall allow payment of in-lieu fees or off-street parking to fulfill parking requirements which have been established by the city.
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(e) Criteria. In making a determination regarding the required method(s) of compliance, the approving body shall consider the following criteria:
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(1) The shape and size of the property to be improved;
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(2) The proposed use of the property;
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(3) Proximity of the property to public transit;
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(4) Availability of parking in nearby areas;
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(5) Number of spaces required for the use under the city's Parking Ordinance;
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(6) Proximity of the property to existing or planned public parking facilities.
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(f) Off-site parking. Off-street parking may, at the discretion of the approving body, be located on another site, provided that the required off-street spaces are located within 700 feet walking distance of a principal entrance to the use serviced, except that spaces intended for employees may be located within 1,000 feet of such entrance.
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(g) In-lieu fees. Due to the existing development in that portion of the Downtown Business District, as set out in exhibit A [at the end of this article], the City Council recognizes that sufficient land may not exist on the site of a development to supply the off-street parking required by this article. However, in order to enable adequate parking to be created, it may be possible for the city to acquire sites for public parking to meet the parking needs which cannot be supplied on-site, or through public transportation, provided that developers contribute toward the acquisition and condemnation of such facilities to the extent that they would have been obligated to provide required on-site parking. An in-lieu fee shall be provided as follows:
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169; Ord. No. 97-3)
(1) In-lieu fee amount. Prior to the issuance of a building permit, an in-lieu fee, as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, shall be paid to the city for each off-street parking space for which a development is deficient in that portion of the Downtown Business District, as set out in exhibit A [at the end of this article].
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169; Ord. No. 84-6; Ord. No. 97-3)
(2) Deposit of funds. Said funds shall be deposited with the city in a special fund and shall be used for any of the following:
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169; Ord. No. 85-17)
a. Off-street parking facilities, including acquisition and development of parking facilities located in the general vicinity of the buildings for which the payments are made;
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169; Ord. No. 85-17)
b. Mass transit equipment, including stock and attendant facilities serving the area in which the buildings for which the payments are made are located;
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169; Ord. No. 85-17; Ord. No. 97-3)
c. Transportation system management projects, all costs including but not limited to personnel, equipment, and physical facilities.
(Code 1965, § 10828; Ord. No. 85-17)
(3) Refund of fee. An in-lieu parking payment may be refunded by the city, without interest, to the person who made such payment, or his assignee or designee. Additional off-street parking spaces are provided for such building or use by others than the city, so as to the above-mentioned additional off-street parking spaces would be provided before funds are spent or committed by the city.
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(4) Purchase of property. When funds in sufficient amounts are available therefor to acquire and improve municipal off-street parking lots for the Downtown area, the city may proceed to implement this article by such acquisition and improvement of the said parking lots.
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(5) Other charges. Payment pursuant to this article shall not relieve any owner, developer, or lessee from any ad valorem taxes or special district assessments or from any charges which may be imposed for the use of parking spaces within any established municipal off-street parking facilities. The only purposes and intended effects of the in-lieu parking payments herein are to make provision whereby an owner, developer, or lessee may be relieved from the duty and obligation now imposed by city ordinance to provide minimum on-site or off-site parking facilities for commercial, business, and industrial uses and development, and to provide a method and program for the acquisition of future municipally owned and operated off-street parking facilities which may serve said land uses.
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(6) Review. The Council finds that the above sum represents the current reasonable cost of acquiring and constructing a parking space. The Council further finds that the above cost may vary considerably from time to time, requiring periodic review. City staff shall review the in-lieu fee payment amount periodically and make recommendations to the City Council.
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(7) Exclusion of single-family residences. This section shall not apply to single-family residences within the Downtown Business District.
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(h) Assessment District No. 60 (North Plaza Parking Assessment District). The following rules shall apply to Assessment District No. 60:
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(1) A monetary credit of $1,200.00 for existing parking spaces that conform to the standards of the Parking Ordinance shall be assigned to the property and deducted against the gross assessment;
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(2) Vacant lots shall be assessed, as are developed properties, and will be recognized as parking lots only with a use permit designating them as such;
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(3) The principal amount of assessments paid for public parking may be used to reduce parking requirements incurred in the future, at the same rate of $1,200.00 per space. The value of the interest for bonded assessments shall not be included as part of the assessment paid;
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
(4) Any parking spaces for which credit was received to offset the gross assessment at the time of the creation of the district which are built upon, or otherwise no longer used for parking purposes, must be paid for at the rate of $1,200.00, or 30 percent of the cost to construct a new parking space, whichever is greater, per space, to compensate for the reduction in available spaces. This requirement is above and beyond any parking requirement generated by the new development, and compliance with this requirement shall not reduce in any way the parking provision resulting from the new development. City staff shall review, annually, the adequacy of the compensation amount and, if appropriate, make recommendations to the Council at the beginning of the fiscal year. The adequacy of the compensation amount shall be assessed on the basis of whether it provides approximately 30 percent of the cost to construct a new parking space.
(Code 1965, § 10828; Ord. No. 1084; Ord. No. 1169)
Secs. 122-849--122-870. Reserved.
GRAPHIC LINK: West Bart Area Map A
GRAPHIC LINK: Downtown Area Subject to In-Lieu Parking Fee
ARTICLE VIII. FENCES
The purpose of this article is to encourage variety and flexibility in the design, development, and maintenance of fences and walls, and to permit increased use of yard areas, as well as to establish the heights of such fences and walls for the purpose of maintaining clear sight distances.
(Code 1965, § 10901; Ord. No. 607; Ord. No. 911; Ord. No. 89-3)
Sec. 122-872. Height limitations.
(a) Front yards. Fences and walls may be a maximum of three feet high within ten feet of the front property line and a maximum of six feet high within the remaining portion of the front yard.
(Code 1965, § 10902; Ord. No. 911; Ord. No. 87-29; Ord. No. 87-34)
(b) Rear yards. Fences and walls may be a maximum of six feet high on rear property lines and within rear setback areas, except as restricted in subsections (e) and (f) of this section.
(Code 1965, § 10902; Ord. No. 911; Ord. No. 87-29; Ord. No. 87-34)
(c) Interior side yards. Fences and walls may be a maximum of six feet high on interior side property lines and within interior side yard setback areas, except as restricted by subsection (a) of this section.
(Code 1965, § 10902; Ord. No. 911; Ord. No. 87-29; Ord. No. 87-34)
(d) Exterior side yards. Fences and walls may be a maximum of six feet high on exterior side property lines and within exterior side yard setback areas of a corner lot, except as restricted by subsections (e) and (f) of this section.
(Code 1965, § 10902; Ord. No. 911; Ord. No. 87-29; Ord. No. 87-34)
(e) Corner lots. Fences and walls may be a maximum of three feet high within the triangular area formed by the intersecting curblines (or edge of pavement lines) and a line joining points on these curblines (or edge of pavement lines) at a distance of 40 feet along both lines from their intersection.
(Code 1965, § 10902; Ord. No. 911; Ord. No. 1105; Ord. No. 87-13; Ord. No. 87-29; Ord. No. 87-34; Ord. No. 89-3)
(f) Driveways. Fences, walls, and sound walls may be a maximum of three feet high on either side of a driveway within the triangular areas formed by the edge of the driveway, the property line, and a line joining points on each of these 15 feet from their intersection.
(Code 1965, § 10902; Ord. No. 911; Ord. No. 87-29; Ord. No. 87-34; Ord. No. 89-3)
(g) Main building area. The maximum height for fences and walls is eight feet for those fences or walls located within any area in which a building is permitted.
(Code 1965, § 10902; Ord. No. 911; Ord. No. 87-29; Ord. No. 87-34; Ord. No. 89-3)
(h) Determination of height.
(1) Maximum height of retaining wall and fence combination.
a. Where the maximum six feet fence height is applicable, the total height of retaining wall and fence combinations may be eight feet, but no higher, subject to a Zoning Administrator's permit and a building permit.
(Code 1965, § 10902; Ord. No. 89-3)
b. For example: A two-foot retaining wall with a six-foot fence or a three-foot retaining wall with a five-foot fence could be allowed. But the overall height from the lower abutting grade to the top of the fence may not exceed eight feet high.
(Code 1965, § 10902; Ord. No. 89-3)
(2) Measurement of height. The height of fences and walls shall be measured from the lower abutting ground level, except in the following cases:
(Code 1965, § 10902; Ord. No. 89-3)
a. Where ground level is lower than street level, the height of the fence shall be measured from the top of curb (or edge of pavement) elevation rather than the lower abutting ground level; and
(Code 1965, § 10902; Ord. No. 89-3)
b. On corner lots, the three feet height limitation shall be measured from the top of curb (or edge of pavement) elevation at points nearest to the subject fence.
(Code 1965, § 10902; Ord. No. 89-3)
c. In cases where no curb exists, the above measurements shall be taken from the edge of pavement elevation.
(Code 1965, § 10902; Ord. No. 89-3)
(i) Building permit. A building permit shall be required for all fences in excess of six feet.
(Code 1965, § 10902; Ord. No. 89-3)
(j) Special allowance subject to design review. Except in the case of single-family residences, visually transparent and nonopaque fences over three feet high may be allowed in front yard and corner lot visibility areas, subject to design review and specific approval by the Design Review Board. However, such fences must not compromise required corner and driveway visibility standards. In addition, such fences shall comply with the Community Design Guidelines regarding fence design.
(Code 1965, § 10902; Ord. No. 89-3)
Sec. 122-873. Barbed wire, razor wire, ultra barrier, electrified, and other hazardous fences.
No person shall, upon any property owned or leased by him and contiguous to or along any public street, place, or sidewalk, construct, set up, or maintain any hazardous fence, including but not limited to any barbed wire, razor wire, ultra barrier, or electrified fence or enclosure.
(Code 1965, § 10903; Ord. No. 235; Ord. No. 809; Ord. No. 87-32; Ord. No. 89-3; Ord. No. 89-18)
Sec. 122-874. Fences in hillside areas.
Fences located in hillside areas, as defined by the General Plan and Hillside Development Ordinance, shall comply with article VI of this chapter (Hillside Development), specifically section 122-819 (Fences).
(Code 1965, § 10904; Ord. No. 89-3; Ord. No. 01-12, § 10)
Secs. 122-875--122-900. Reserved.
ARTICLE IX. ADULT ENTERTAINMENT BUSINESSES*
__________
*Cross references: Businesses and business regulations, ch. 18.
__________
Sec. 122-901. Purpose and intent.
It is the purpose and intent of this article to regulate adult entertainment businesses in order to promote the health, safety, and general welfare of the community and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult entertainment businesses within the city, thereby minimizing or eliminating the adverse secondary effects from such businesses. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material or material harmful to minors.
(Code 1965, § 10760; Ord. No. 1191; Ord. No. 97-2)
Unless otherwise specifically provided or required by the context, the terms used in this article shall have the following meanings:
(Code 1965, § 10761; Ord. No. 1191; Ord. No. 97-2)
Adult entertainment businesses. Those businesses defined as follows:
(Code 1965, § 10761; Ord. No. 1191; Ord. No. 97-2)
Adult arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(Code 1965, § 10761; Ord. No. 1191; Ord. No. 97-2)
Adult bookstore, adult novelty store or adult video store. A commercial establishment which has as a significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental or viewing, for any form of consideration, of any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(Code 1965, § 10761; Ord. No. 1191; Ord. No. 97-2)
Adult cabaret. A nightclub, bar, restaurant, "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which features: (1) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or (2) films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(Code 1965, § 10761; Ord. No. 1191; Ord. No. 97-2)
Adult motel. A motel, hotel, or similar commercial establishment which: (1) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (2) offers a sleeping room for rent for a period of time less than ten hours; or (3) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
(Code 1965, § 10761; Ord. No. 1191; Ord. No. 97-2)
Adult motion picture theater. A commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
(Code 1965, § 10761; Ord. No. 1191; Ord. No. 97-2)
Adult theater. A theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in live performances which are characterized by "specified sexual activities" or by exposure of "specified anatomical areas."
(Code 1965, § 10761; Ord. No. 1191; Ord. No. 97-2)
Escort. A person who, for any form of consideration or gratuity, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model or to privately perform a striptease for another person which exposes "specified sexual activities" or "specified anatomical areas."
(Code 1965, § 10761; Ord. No. 1191; Ord. No. 97-2)
Escort agency. A person or business association who furnishes, offers t