Title 17 — ZONING

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Title 17 - ZONING

Chapters:

Chapter 17.04 - DEFINITIONS

Sections:

17.04.010 - Generally.

The definitions in this chapter and certain other chapters of this title govern the construction of this title unless the context otherwise requires.

(Ord. 52, 1968)

17.04.020 - Accessory Building or Structure.

"Accessory building or structure" is a building or structure which is subordinate and incidental to that of the principal building on the same lot.

(Ord. 52, 1968; Ord. 154, 1976; Ord. 375, 2004)

17.04.030 - Accessory Use.

"Accessory use" means a use incidental and accessory to the principal use of a lot, or a use accessory to the principal use of a building located on the same lot. An accessory use includes, but is not limited to, the following types of uses: large and small family day care homes, as well as, detached garages, pool houses or cabanas, storage sheds and other small single-story structures usually related to a residential unit.

(Ord. 154, 1976; Ord. 52, 1968; Ord. 501, Exh. A, 1-16-2024)

17.04.040 - Agriculture.

"Agriculture" means the tilling of soil, the raising of crops, horticulture, dairying, and the raising and managing of livestock, including all uses customarily incidental thereto but not including slaughterhouses, fertilizer yards, boneyards, plants for the reduction of animal matter, or any other industrial or agricultural use which may be objectionable because of odor, smoke, dust or fumes.

(Ord. 52, 1968)

17.04.045 - Approving Body.

"Approving body" means the staff member, officer, commission, board, or entity responsible for decisions on the approval, approval with conditions, or denial of an application, entitlement, plan, or permit, including any party responsible for hearing appeals of decisions made by another party.

(Ord. 408, 2007)

"Average width" of a lot is the total area of the lot divided by the depth of the lot.

(Ord. 52, 1968)

"Building" means any structure with a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals, or chattels. A stable, barn, or any shelter for equestrian or agricultural livestock shall be considered a building in an R-40-H District.

(Ord. 52, 1968; Ord. 83, 1970)

17.04.062 - Building Height.

"Building Height or Height" means the distance measured vertically from a point on the base plane to the highest point on the building or structure. The base plane is an imaginary plane created at the perimeter of the building or structure at the natural or finished grade, whichever is lower. Maximum height is measured from the base plane to an upper imaginary plane located parallel to the base plane and at the maximum allowable height above it.

(Ord. 52, 1968; Ord. 375, 2004)

17.04.064 - Building—Main or Principal.

"Main or Principal Building" means a building or buildings where the main or principal uses of the lot are conducted as well as uses allowed by a use permit.

(Ord. 375, 2004)

"Cottage Food Operation" means an enterprise that is operated by a cottage food operator and may have a maximum of one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct or indirect sale to consumers, as defined in California Health and Safety Code § 113758, and is subject to all applicable regulations, standards, definitions, and requirements of the California Health and Safety Code. No more than one employee may work at the cottage food operation at any one time.

(Ord. 450, 2013)

17.04.076 - Day Care.

"Day Care" means a facility that provides non-medical care and supervision of individuals for periods of less than twenty-four (24) hours. These facilities include, but are not limited to the following, all of which are required to be licensed by the California State Department of Social Services, or as the licensing authority may be amended from time to time by the State of California.

A.

"Child day care center" means a commercial or non-profit child day care facility designed and approved to accommodate children, including an infant center, preschool, sick-child center, and school-age day care facility. A child day care center may be operated in conjunction with a school or church facility, or as an independent land use.

B.

"Large family day care home" means a home that provides family day care for seven (7) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside in the home, as provided by California Health and Safety Code § 1596.78. Pursuant to California Health and Safety Code § 1596.45, a large family day care home is considered a residential use of property and ancillary to the residence in which it is operated.

C.

"Small family day care home" means a home that provides family day care for eight (8) or fewer children, including children under the age of ten (10) years who reside in the home, as provided by California Health and Safety Code § 1596.78. Pursuant to California Health and Safety Code § 1596.45, a small family day care home is considered a residential use of property and ancillary to the residence in which it is operated.

D.

"Adult day care facility" means a day care facility that provides care and supervision for adult clients.

(Ord. 410, 2007; Ord. 501, Exh. A, 1-16-2024)

17.04.077 - Department.

"Department" means the Community Development Department of the City of Clayton.

(Ord. 375, 2004)

17.04.078 - Director.

"Director" means the Community Development Director of the City of Clayton, including his or her designated representatives.

(Ord. 375, 2004)

"District" is a portion of the city within which certain uses of land, buildings, and structures are permitted; certain other uses of land, buildings, and structures are not permitted; setbacks and other open spaces are

required; and certain minimum lot areas and maximum heights are established for buildings and structures under the regulations of this title.

(Ord. 52, 1968; Ord. 375, 2004)

"Dwelling" means a building designed or used exclusively for residential occupancy, including single-family, two-family (duplex), and multiple-family dwellings, but not including a hotel, motel, boardinghouse, or recreational vehicle.

(Ord. 373, 2004)

17.04.082 - Dwelling, Multiple-Family.

"Multiple-family dwelling" means a building designed or used for more than two (2) dwelling units sharing common walls or being otherwise attached, including tri-plexes, four-plexes and apartments. (Second dwelling units are exempt from this definition).

(Ord. 373, 2004)

17.04.083 - Dwelling Unit, Accessory or Second.

"Accessory dwelling unit" or "Second dwelling unit" are synonymous and shall refer to an Accessory Dwelling Unit as defined in section 17.41.020A.

(Ord. 373, 2004; Ord 499, 2023)

"Single-family dwelling" means a building on one lot designed or used for one dwelling unit. (Second dwelling units are exempt from this definition.) In keeping with the intent of state law, manufactured housing shall be recognized as a detached single-family dwelling, and shall be allowed by valid building permit in the Agricultural (A) District, Single-Family Residential (R) Districts, and the Planned Development (PD) District (if permitted by an approved development plan) when the manufactured home unit complies with the following:

A.

It is to be occupied only as a residence;

B.

It meets all development standards of the applicable zoning district, including parking requirements;

C.

It is certified under the National Mobile Home Construction and Safety Act of 1974 and any subsequent revisions, and meets all fire, safety and insulation codes of the city, county and state;

D.

It is installed on a permanent foundation system in accordance with Title 15 of the Municipal Code;

E.

It is covered with an exterior material customarily used in new conventional single-family residential structures in the surrounding area;

F.

The exterior covering material must extend to the ground consistent with the Uniform Building Code; a solid concrete or masonry perimeter foundation shall be used; no conventional mobile home skirting shall be allowed;

G.

The roofing material is of a material customarily used in new conventional single-family residential structures in the surrounding area;

H.

The covering material of the garage or carport is the same as used on the manufactured home unit;

I.

The roof overhangs, siding and roofing material have been approved by the Planning Commission; the exterior materials must be found compatible with neighboring residences.

(Ord. 373, 2004)

17.04.087 - Dwelling, Two-Family (Duplex).

"Two-family (duplex) dwelling" means a building on one lot designed or used for two (2) dwelling units sharing common walls or being otherwise attached. (Second dwelling units are exempt from this definition.)

(Ord. 373, 2004)

17.04.088 - Dwelling Unit.

"Dwelling unit" means one or more habitable rooms served by a single common kitchen, designed for occupancy by one family for living and sleeping purposes. (Second dwelling units are exempt from this definition).

(Ord. 373, 2004)

17.04.089 - Emergency Shelter.

As defined by the California Health and Safety Code § 50801(e) "emergency shelter" is housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter in this facility because of an inability to pay. However, emergency shelter providers are not obligated to accept individuals if the shelter is at maximum capacity.

(Ord. 449, 2013)

"Employee Housing" means housing as defined in California Health and Safety Code § 17008 as it may be amended or modified.

(Ord. 466, 2016)

17.04.092 - Family.

"Family" means one person or more living together in a building or part of it designed for occupation as a residential domestic unit as distinguished from a hotel, club, fraternity or sorority house, dormitory, or boardinghouse. A family includes servants employed by the family.

(Ord. 440, 2012; Ord. 466, 2016)

17.04.095 - Fence.

"Fence" means any structure forming a physical barrier by means of vegetation, wood, wire, masonry, metal, synthetic, or other comparable materials.

(Ord. 375, 2004)

17.04.100 - Home Occupation.

A "Home Occupation" is a limited commercial activity customarily conducted entirely within a residential dwelling, by a person residing in the dwelling unit, which is clearly a subordinate and incidental use of such dwelling as a residence.

(Ord. 357, 2001)

"Household pets" mean small domesticated or caged animals commonly kept indoors and primarily for pleasure, including dogs, cats, pot bellied pigs, mice, fish, birds, small reptiles, and similar animals. Household pets shall not include dangerous or potentially dangerous animals as determined under Article 416-12.4 of the Contra Costa County Code and for which a permit has not been issued under Section 41612.408 thereof. The number of larger animals kept on a single lot shall be limited to: no more than five (5) of any combination of dogs or three (3) pot bellied pigs over six (6) months of age shall be allowed.

(Ord. 395, 2006)

17.04.110 - Lot.

A.

"Lot" is a parcel or area of land occupied or to be occupied by a building and buildings accessory thereto, or by a group of dwellings and buildings accessory thereto, together with such open spaces and setbacks

as are required by the provisions of this title, having an area not less than the minimum area required by the provisions of this title for a building site in the district in which such lot is situated.

B.

In computing the area of a lot, those portions lying within the exterior boundaries of an existing or proposed public road, street, highway, right-of-way, or easement owned, dedicated, or used for purposes of vehicular or pedestrian access shall not be included in order to satisfy minimum area, setback, or dimensional requirements.

(Ord. 52, 1968; Ord. 375, 2004)

17.04.115 - Lot, Corner.

"Corner lot" means a lot located at the intersection of two (2) or more streets (or vehicular access easement serving more than three (3) lots), which has an angle not exceeding one hundred thirty-five (135) degrees.

(Ord. 375, 2004)

17.04.120 - Lot Depth.

"Depth of a lot" is the distance normal to the frontage to the point of the lot farthest from the frontage.

(Ord. 52, 1968)

17.04.130 - Lot Frontage.

"Lot frontage" is the distance measured between the two (2) points on the principal road, street, or access that are farthest apart.

(Ord. 52, 1968)

17.04.135 - Lot Line.

"Lot line" means any boundary of a lot.

A.

"Exterior lot line" means any lot line, other than the front lot line, abutting a street or vehicular access easement.

B.

"Front lot line" means, on an interior lot, the lot line abutting a street (or vehicular access easement), or, on a corner lot, either of the lot lines abutting a street (or vehicular access easement) designated as the primary frontage or, on a through lot, the lot line abutting the street (or vehicular access easement) providing the primary means of access to the lot, or, on a flag lot, the interior lot line most parallel to and nearest the street (or vehicular access easement) from which the means of access is obtained, except that where the average width of a flag lot exceeds its average depth and the longer dimension is considered the depth, the front lot line will be the property line from which the front setback is measured.

C.

"Interior lot line" means any lot line not abutting a street or vehicular access easement.

D.

"Rear lot line" means the lot line not intersecting a front lot line which is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line.

E.

"Side lot line" means any lot line which is not a front or rear lot line.

(Ord. 375, 2004)

17.04.136 - Lot, Through.

"Through lot" means a lot, other than a corner lot, having frontage on two (2) parallel, or approximately parallel streets (or vehicular access easements).

(Ord. 375, 2004)

17.04.137 - Manufactured Home.

"Manufactured Home" means a single-family dwelling transportable in one or more sections constructed to a federally preemptive standard.

(Ord. 425, 2009)

17.04.138 - Medical and Adult-Use Cannabis Uses.

For purposes of this Code, medical and adult-use cannabis uses and related terms shall be as defined in Section 17.95.010.

(Ord. 448, 2013; Ord. 461, 2016; Ord. 479, § 2, 2017)

Editor's note— Ord. 479, § 2, adopted Nov. 21, 2017, amended § 17.04.138 and in so doing changed the title of said section from "Medical Cannabis Use" to "Medical and Adult-Use Cannabis Uses," as set out herein.

"Mixed Use" means properties on which various uses, such as residential, commercial, or institutional, are combined in a single building or on a single site (including contiguous lots) in a development project with significant functional interrelationships and an integrated physical design.

(Ord. 402, 2007)

17.04.140 - Mobilehome.

"Mobilehome" means a moveable dwelling retaining an axle with no permanent foundation, but connected to utility lines and set more or less permanently at a location.

(Ord. 425, 2009)

"Mobilehome Park" means any area or tract of land where one or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation.

(Ord. 425, 2009)

"Mobile Food Vendor" means any vehicle, pushcart, trailer, wagon, portable stand or temporary location, designed or used or intended to be used, by or for any one or more of, but not limited to, the following persons and/or uses: bakery distributor, fish or meat peddler, food salvage distributor, fruit, nut and/or vegetable distributor, grocery distributor, commercial or industrial catering, food cooking and/or preparation unit, and itinerant restaurant. It includes, but is not limited to, any vehicle, pushcart, trailer, wagon, portable stand or temporary location, from which animal food, bakery products, fish, shell fish, seafood, fruits and nuts, vegetables, meats, poultry, preserves, jelly, relish, milk or any other dairy products, fresh, frozen or non-perishable food or food products, ice cream, shaved ice or yogurt products, ice or beverages, whether in bulk, canned, wrapped, bottled, packaged, or any other form, are sold or kept for sale at retail, or are distributed to the consumer. See Section 17.36.084 for permits required and regulations.

(Ord. 458, 2015)

"Mobile Retail Vendor" means any vehicle, pushcart, trailer, wagon, portable stand or temporary location, designed or used or intended to be used, by or for any one or more of, but not limited to, the following persons and/or uses: sales of non-perishable goods, items or merchandise, new or used, including but not limited to art or art objects, auto parts or equipment, candles, electronic equipment, handmade crafts, housewares, household goods, flowers, flags, furniture, jewelry, landscape plants and goods, rugs, sports equipment or memorabilia, yard ware and yard accessories, or other similar items which are sold or kept for sale at retail, or are distributed to the consumer. See Section 17.36.84 for permits required and regulations.

(Ord. 458, 2015)

"Mobile Vendor" means any business, person or use defined as either a Mobile Food Vendor or as a Mobile Retail Vendor.

(Ord. 458, 2015)

17.04.145 - Nonconforming Use.

"Nonconforming use" means a use of land, building, or structure on land that does not conform to this title for the district in which it is situated.

(Ord. 52, 1968; Ord. 458, 2015)

"Off-street loading facility" means that portion of a site which is not located on a street and is devoted to the loading or unloading of a motor vehicle or trailer, including a loading space, aisle, and driveway.

(Ord. 408, 2007; Ord. 458, 2015)

"Off-street parking facility" means that portion of a site which is not located on a street and is devoted to the parking of a motor vehicle, including a parking space, aisle, and driveway.

(Ord. 408, 2007; Ord. 458, 2015)

A.

"Active open space" means an outdoor area on the ground, roof, balcony, deck, or porch which is designed and used for outdoor living, recreation, pedestrian access, or landscaping. The area shall not be for the use of parking, vehicular movements, or storage.

B.

"Passive open space" means an area which provides visual relief to developed areas, exclusive of any area devoted to parking, vehicular movements, storage, private use (unless subject to development restrictions by a conservation easement), or any other area which does not significantly lend itself to the overall benefit of either the particular development or surrounding lands.

(Ord. 402, 2007)

"Parolee Home" means any residential or commercial building, structure, unit or use, including a hotel or motel, whether owned and/or operated by an individual or for-profit or non-profit entity, which houses two (2) or more parolees, that is not operated as a single housekeeping unit, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee and/or any individual or public/private entity on behalf of the parolee.

(Ord. 483, § 2, 2018)

17.04.156 - Parolee.

"Parolee" shall include probationer, and shall mean any of the following:

A.

An individual convicted of a federal crime, sentenced to a United States Federal Prison, and received conditional and revocable release in the community under the supervision of a Federal parole officer;

B.

An individual who is serving a period of supervised community custody, as defined in Penal Code § 3000, following a term of imprisonment in a State prison, and is under the jurisdiction of the California Department of Correction, Parole and Community Services Division;

C.

A person convicted of a felony who has received a suspension of the imposition or execution of a sentence and an order of conditional and revocable release in the community under the supervision of a probation officer; and

D.

An adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional revocable release in the community under the supervision of a youth authority parole officer.

As used herein, the term "parolee" includes parolees, probationers, and/or persons released to postrelease community supervision under the "Post-release Community Supervision Act of 2011" (Penal Code § 3450 et seq.) as amended or amended in the future.

(Ord. 483, § 3, 2018)

17.04.160 - Permanently Uninhabited Land.

"Permanently uninhabited land" is any uninhabited parcel of land dedicated for public use, whether publicly or privately owned, i.e., parks, recreational areas and golf courses.

(Ord. 83, 1970; Ord. 52, 1968)

17.04.165 - Personal property sale.

Includes garage and yard sales and shall mean a sale conducted at the residence of the owner's used goods or products produced or made on the premises. Any such sale shall comply with the provisions of Sections 17.16.020 E or 17.28.060 as applicable.

(Ord. 420, 2009)

17.04.170 - Qualified Applicant.

"Qualified applicant" is any person or firm, or authorized agent having written authority to act, having a freehold interest in the subject land; or having a possessory interest entitling him to exclusive possession; or having a contractual interest which may become a freehold or exclusive possessory interest and is specifically enforceable.

(Ord. 52, 1968)

"Retail business" means the sale, barter, and exchange of retail goods, wares, merchandise, or other personal property or any interest in them for profit or livelihood.

(Ord. 414, 2008)

"Setback" means a required open space on a lot which is unoccupied by buildings and unobstructed by structures from the ground upward, except for uses and structures allowed by the provisions of this Title. Setbacks shall be measured as the shortest distance between a property line and the nearest vertical support or wall of the building or other structure.

A.

"Front setback" means a setback measured into a lot from the front lot line, extending the full width of the lot between the side lot lines intersecting the front lot line.

B.

"Rear setback" means a setback measured into a lot from the rear lot line, extending the full width of the lot between the side lot lines intersecting the rear lot line.

C.

"Side setback" means a setback measured into a lot from a side lot line, extending between the front setback (or front lot line where no front setback is required) and the rear setback (or rear lot line where no rear setback is required). An exterior side setback is a side setback measured from an exterior side lot line; an interior side setback is a side setback measured from an interior side lot line.

(Ord. 375, 2004)

17.04.186 - Single Housekeeping Unit.

"Single housekeeping unit" means that the use of the dwelling unit satisfies each of the following criteria:

A.

The residents have established ties and familiarity and interact with each other.

B.

Membership in the single housekeeping unit is fairly stable as opposed to transient or temporary.

C.

Residents share meals, household activities, expenses, and responsibilities.

D.

All adult residents have chosen to jointly occupy the entire premises of the dwelling unit; and they each have access to all common areas.

E.

If the dwelling unit is rented, each adult resident is named on and is a party to single written lease that gives each resident joint use and responsibility for the premises.

F.

Membership of the household is determined by the residents, not by a landlord, property manager, or other third party.

G.

The resident activities of the household are conducted on a nonprofit basis.

H.

Residents do not have separate entrances or separate food-storage facilities, such as separate refrigerators, food-prep areas, or equipment.

(Ord 483, § 4, 2018)

17.04.187 - Single-Room Occupancy (SRO) Facilities.

"Single-Room Occupancy" or "SRO" means a type of residential hotel offering one-room units for longterm occupancy by one or two (2) people. SROs may have kitchen or bath facilities (but not both) in the room.

(Ord. 440, 2012)

17.04.190 - Story.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above the basement or cellar is more than six (6) feet above grade at any point, such basement or cellar shall be considered a story.

(Ord. 52, 1968)

"Structure" means anything constructed or erected and permanently attached to land, other than a building as defined in this chapter, except sidewalks, pipes, meters, meter boxes, manholes, mailboxes, poles and wires and appurtenant parts of all devices for the transmission and transportation of electricity and gas for light, heat or power, devices for the transmission of telephone and telegraphic messages, and devices for the transportation of water.

(Ord. 52, 1968)

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

(Ord. 440, 2012)

"Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.

(Ord. 440, 2012)

17.04.210 - Used.

"Used" includes arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.

(Ord. 52, 1968)

Chapter 17.08 - ZONING MAP—DISTRICTS ESTABLISHED

Sections:

A zoning map entitled "Official Zoning Map of the City of Clayton", duly prepared by the Planning Director and approved by the Clayton Planning Commission on February 11, 1975, and duly recommended and certified by the Planning Commission to the City Council for adoption, and so adopted by the City Council, the original of which is on file with the City Clerk and available for public inspection at the city office, is adopted as and made an integral part of this chapter and incorporated herein and made a part hereof.

(Ord. 146 § 2, 1975; Ord. 52 Ch. II § 1, 1968)

The use of all land in the city situated within the districts delineated and shown on the map described in Section 17.08.010, and any and all subsequent amendments to said map, is subject to the regulations and provisions of this title. Land is classified for the regulation of its use as set forth in this title. The land use districts in Chapters 17.12 through 17.36 are established for all land within the city and the land use districts designated on the map herein referred to, which is made a part of this title, are established and classified in Chapters 17.12 through 17.36.

(Ord. 52 Ch. II § 2, 1968; Ord. 501, Exh. A, 1-16-2024)

Chapter 17.12 - AGRICULTURAL (A) DISTRICT

Sections:

All land within the agricultural district (map symbol A) may be used for any of the uses described in, and under the regulations of, this chapter.

(Ord. 52 Ch. II § 3(part), 1968)

17.12.020 - Permitted Uses—Principal.

The principal permitted uses in the A district shall be as follows:

A.

All types of agriculture including general farming, horticulture, floriculture, non-retail nurseries and greenhouses, aviaries, apiaries, forestry, and similar agricultural uses;

B.

Accessory uses customarily appurtenant to a permitted use;

C.

Residence of the owner, owners, lessee, or lessor of the land on which the use is conducted.

D.

Windmills, wind chargers, and other wind-harnessing structures and buildings

(Ord. 52 Ch. II § 3(a), 1968; Ord. 424, 2009)

The following minimum requirements shall be observed for all lands situated within the A district classification as so designated on the zoning map referred to in Section 17.08.010:

A.

Lot area, five (5) acres;

B.

Lot width, two hundred (200) feet;

C.

Lot depth, three hundred (300) feet;

D.

Maximum building height, thirty-five (35) feet;

E.

Side setbacks, fifty (50) feet;

F.

Front setback, fifty (50) feet; and

G.

Rear setback, fifty (50) feet.

(Ord. 52 Ch. II § 3(c), 1968; Ord. 325, 1996; Ord. 375, 2004)

Chapter 17.16 - SINGLE FAMILY RESIDENTIAL (R-10, R-12, R-15, R-20, R-40 and R-40-H) DISTRICTS Sections:

All land within any of the single family residential districts (map symbols R-10, R-12, R-15, R-20, R-40-H) may be used for any of the uses described in, and under the regulations of, this chapter.

(Ord. 325, 1996; Ord. 83 § 2(A), 1970: Ord. 52 Ch. II § 4(part), 1968).

The principal permitted uses in the single family residential districts shall be as follows:

A.

A detached, single family dwelling in each lot and the accessory structures and uses normally auxiliary to it;

B.

Crop and tree farming and horticulture, not including the raising or keeping of any animals other than ordinary household pets, except chickens subject to the following specified restrictions:

1.

Hens only (no roosters);

2.

One (1) hen per one thousand (1,000) square feet of lot area to a maximum of ten (10) hens;

3.

Generally contained within an enclosure not to exceed one hundred (100) square feet in area and a maximum of eight (8) feet in height;

4.

Enclosure must be setback a minimum of fifty (50) feet from the front property line and ten (10) feet from a side and rear property line;

5.

Food shall be placed in a food containment receptacle to minimize the attraction of rodents;

6.

The enclosure and related area for the keeping of chickens shall be regularly cleaned and maintained to minimize odors and pests.

C.

Publicly-owned parks and playgrounds;

D.

Supportive housing and transitional housing;

E.

The keeping of equestrian livestock (R-40-H only), provided that a minimum land area to livestock ratio of forty thousand (40,000) feet of land to two (2) head of equestrian livestock shall be required.

F.

Personal property sales in accordance with the following regulations:

1.

Personal property sales shall be allowed up to a maximum of six (6) days per calendar year;

2.

Personal property sales shall be limited to the hours between 8:00 a.m. and 5:00 p.m.; and

3.

Personal property sales shall not result in adverse impacts related to noise, traffic, safety, congestion, and parking.

G.

Employee housing providing accommodations for six (6) or fewer employees.

(Ord. 420, 2009; Ord. 440, 2012; Ord. 466, 2016; Ord. 489, § 2.B(Exh. 2), 2019)

17.16.030 - Area, Lot Width and Setback Requirements.

The minimum requirements in Sections 17.16.050 through 17.16.120 shall be observed for all lands situated within the district classifications listed in those sections as so designated on the zoning map referred to in Section 17.08.010 of this title.

(Ord. 52 Ch. II § 4(c)(part), 1968; Ord. 325, 1996; Ord. 375, 2004)

17.16.040 - Lot Area.

The lot area in the single family residential districts shall be as follows:

A.

R-10, ten thousand (10,000) square feet;

B.

R-12, twelve thousand six hundred (12,600) square feet;

C.

R-15, fifteen thousand (15,000) square feet;

D.

R-20, twenty thousand (20,000) square feet;

E.

R-40, forty thousand (40,000) square feet; and

F.

R-40-H, forty thousand (40,000) square feet.

(Ord. 52 Ch.II § 4(c), 1968; Ord. 83 § 2(C), 1970; Ord. 128 § 2, 1973; Ord. 325, 1996)

17.16.050 - Lot Width.

The minimum lot width at the front setback line in the single family residential districts shall be as follows:

A.

R-10, eighty (80) feet;

B.

R-12, one hundred (100) feet;

C.

R-15, one hundred (100) feet;

D.

R-20, one hundred twenty (120) feet;

E.

R-40, R-40-H, one hundred forty (140) feet for interior lots and one hundred eighty (180) feet for corner lots.

(Ord. 52 Ch. II § 4(c)(2), 1968; Ord. 83 § 2(D), 1970; Ord. 325, 1996)

17.16.060 - Lot Depth.

The lot minimum depth in the single family residential districts shall be as follows:

A.

R-10, ninety (90) feet;

B.

R-12, one hundred (100) feet;

C.

R-15, one hundred (100) feet;

D.

R-20, one hundred twenty (120) feet;

E.

R-40, one hundred forty (140) feet;

F.

R-40-H, one hundred forty (140) feet.

(Ord. 52 Ch. II § 4(c)(3), 1968; Ord. 83 § 2(E), 1970; Ord. 325, 1996).

17.16.070 - Building Height.

The building height in the single family residential districts shall not exceed thirty-five (35) feet.

(Ord. 52 Ch. II § 4(c)(4), 1968; Ord. 325, 1996; Ord. 375, 2004)

17.16.080 - Front Setback.

The front setback in the single family residential districts shall be as follows:

A.

R-10, twenty (20) feet;

B.

R-12, twenty (20) feet;

C.

R-15, twenty (20) feet;

D.

R-20, twenty-five (25) feet;

E.

R-40 and R-40-H, forty (40) feet.

(Ord. 52 Ch. II § 4(c)(5), 1968; Ord. 83 § 2(F), 1970; Ord. 325, 1996; Ord. 375, 2004) 17.16.090 - Interior Side Setbacks.

Interior side setbacks in the single family residential districts shall be as follows:

A.

R-10, twenty (20) feet aggregate, minimum ten (10) feet

B.

R-12, twenty-five (25) feet aggregate, minimum ten (10) feet;

C.

R-15, twenty-five (25) aggregate, minimum ten (10) feet;

D.

R-20, thirty-five (35) feet aggregate, minimum fifteen (15) feet;

E.

R-40, forty (40) feet aggregate, minimum twenty (20) feet;

F.

R-40-H, forty (40) feet aggregate, minimum twenty (20) feet.

(Ord. 52 Ch. II § 4(c)(6), 1968; Ord. 83 § 2(G), 1970; Ord. 325, 1996; Ord. 375, 2004)

17.16.100 - Exterior Side Setbacks.

Exterior side setbacks in the single family residential districts shall be as follows:

A.

R-10, twenty (20) feet;

B.

R-12, twenty (20) feet;

C.

R-15, twenty (20) feet;

D.

R-020, twenty-five (25) feet;

E.

R-40, forty (40) feet;

F.

R-40-H, forty (40) feet.

(Ord. 52 Ch. II § 4(c)(7), 1968; Ord. 83 § 2(H), 1970; Ord. 325, 1996; Ord. 375, 2004)

17.16.110 - Rear Setback.

The rear setback in the single family residential district is fifteen (15) feet.

(Ord. 52 Ch. II § 4(c), 1968; Ord. 83 § 2(I), 1970; Ord. 325, 1996; Ord. 375, 2004)

Notwithstanding the distance calculated in accordance with the above setbacks, the minimum setback of the principal building from a property line shall be as follows:

A.

R-10, ten (10) feet.

B.

R-12, ten (10) feet.

C.

R-15, ten (10) feet.

D.

R-20, fifteen (15) feet.

E.

R-40, twenty (20) feet.

F.

R-40-H, twenty (20) feet.

(Ord. 83, 1970; Ord. 325, 1996)

Any barn, stable, or shelter for equestrian or agricultural livestock shall be set back not less than one hundred (100) feet from the front property line and shall be not less than fifty (50) feet from any side or rear property line, unless the side or rear property line adjacent to the barn, stable, or shelter abuts land in an A or R-40-H District, in which case the side or rear setback is twenty (20) feet. Fenced pasture, paddocks, or other enclosed equestrian or agricultural livestock areas shall not be located nearer than ten (10) feet to any property line or nearest edge of street pavement, unless the side or rear property line abuts permanently uninhabited land, in which case, the side or rear setback is five (5) feet.

(Ord. 52 Ch. II § 4(c)(9), 1968; Ord. 83 § 2(J), 1970; Ord. 325, 1996; Ord. 375, 2004)

Every dwelling unit permitted in the single family residential districts shall have on the same lot or parcel enough automobile storage space for at least two (2) automobiles. Each space shall have dimensions of at least ten (10) feet by twenty (20) feet, and two (2) of the spaces must be covered.

(Ord. 52 Ch. II Sub. 4(d), 1968; Ord. 325, 1996; Ord. 501, Exh. A, 1-16-2024)

Chapter 17.20 - MULTIPLE FAMILY RESIDENTIAL (M-R, M-R-M, and M-R-H) DISTRICTS

Sections:

The intent and purpose of this chapter is to provide a low (M-R), medium (M-R-M), and high density (M-RH) multiple family residential districts designed to provide as much compatibility as possible with nearby single family residential zoning and to provide affordable housing opportunities.

All land within any of the multiple family residential districts (map symbols M-R, M-R-M, and M-R-H) may be used for any of the uses described in, and under the regulations of, this chapter.

The principal permitted uses in the multiple family residential districts shall be as follows:

A.

Duplex, triplex, townhouses, apartments and other multifamily structures meeting and not exceeding the density limits set by the applicable General Plan Land Use Designation, and the accessory structures and uses normally auxiliary or ancillary to those multifamily residences;

B.

Supportive housing and transitional housing;

C.

Single family dwelling units only with a Conditional Use Permit (See Section 17.60.030.B.5).

D.

Employee housing providing accommodations for six (6) or fewer employees, provided that a conditional use permit is obtained. Such permit shall be reviewed and issued under the same procedures and in the same manner as that permit issued for single family dwelling units (See Section 17.60.030.B.5).

E.

Parolee homes only with a Conditional Use Permit (See Section 17.60.030.B.7).

(Ord. 463, 2016; Ord. 466, 2016; Ord 483, § 5, 2018; Ord. 501, Exh. A, 1-16-2024)

17.20.040 - Minimum Requirements Generally.

The minimum requirements in Sections 17.20.060 through 17.20.160 shall be observed in the multiple family residential districts; however, no maximum lot coverage, minimum lot width, minimum lot depth, minimum setback or minimum open area requirement specified therein may require a development in the M-R-M or M-R-H district to have fewer than sixteen (16) units.

(Ord. 501, Exh. A, 1-16-2024)

17.20.050 - Lot Area Per Unit.

Any duplex, triplex, townhouse, apartment, or other multiple family building permitted in multiple family residential districts shall be erected or placed on a lot in accordance with the lot area per unit standards described below:

A.

In the M-R District, no fewer than three thousand (3,000) square feet of land shall be provided for each dwelling unit;

B.

In the M-R-M district, no more than four thousand four hundred (4,400) square feet and no fewer than two thousand one hundred (2,100) square feet shall be provided for each dwelling unit; and

C.

In the M-R-H district, no more than two thousand one hundred (2,100) square feet and no fewer than one thousand four hundred fifty (1,450) square feet shall be provided for each dwelling unit. Notwithstanding the foregoing, a minimum of one thousand (1,000) square feet may be provided for each dwelling unit if all of the units in the development are affordable to low income households as defined in Health and Safety Code section 50079.5.

(Ord. 501, Exh. A, 1-16-2024)

No duplex, triplex, townhouse, apartment, or other multiple family building permitted in multiple family residential districts shall be erected or placed on a lot less than as follows:

A.

M-R, sixty (60) feet in average width;

B.

M-R-M, sixty (60) feet in average width; and

C.

M-R-H, ninety (90) feet in average width.

No duplex, triplex, townhouse, apartment, or other multiple family building, or other multiple family residential districts shall be erected or placed on a lot less than as follows:

A.

M-R, ninety (90) feet in average width;

B.

M-R-M, ninety (90) feet in average width; and

C.

M-R-H, ninety (90) feet in average width.

No duplex, triplex, townhouse, apartment, or other multiple family building permitted in the multiple family residential districts shall exceed as follows:

A.

M-R, thirty-five (35) feet in height.

B.

M-R-M, thirty-five (35) feet in height.

C.

M-R-H, forty (40) feet in height, except shall be thirty-five (35) feet in height for that portion within fifty (50) feet of an abutting single family residential district.

(Ord. 501, Exh. A, 1-16-2024)

The front setback in the multiple family residential districts shall be twenty (20) feet.

The interior side setback in multiple family residential districts shall be ten (10) feet.

(Ord. 501, Exh. A, 1-16-2024)

The exterior side setback on corner lots in multiple family residential districts shall be twenty (20) feet.

The rear setback in the M-R multiple family residential districts shall be fifteen (15) feet for any principal building.

Notwithstanding the distance calculated in accordance with the above setbacks, the minimum setback of the principal building from a property line shall be fifteen (15) feet.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.37 (Off-Street Parking and Loading Regulations).

No buildings or structures permitted in multiple family residential districts shall cover more than as follows:

A.

M-R, forty percent (40%) of the lot area;

B.

M-R-M, fifty percent (50%) of the lot area; and

C.

M-R-H, sixty-five percent (65%) of the lot area.

(Ord. 52 Ch. II § 6(d)(9), 1968)

Twenty percent (20%) of the lot area shall not be occupied by buildings, structures, or pavement, but shall be landscaped. Seventy-five percent (75%) of this twenty percent (20%) (open space) shall be planted and maintained with growing plants consisting of a combination of groundcover, shrubs and shading trees.

(Ord. 501, Exh. A, 1-16-2024)

Each building or structure shall be located at least ten (10) feet from every other building or structure onsite, except that covered walkways between buildings or structures may be permitted. A covered walkway shall not exceed twelve (12) feet in height, nor more than fifty percent (50%) of the side of the structure shall be enclosed with any material other than that necessary for roof supports, and the walkway shall not be more than ten (10) feet wide.

(Ord. 440, 2012; Ord. 501, Exh. A, 1-16-2024)

Chapter 17.22 - RESIDENTIAL DENSITY CALCULATIONS FOR RESIDENTIAL PARCELS WITH SENSITIVE LAND AREAS

Sections:

The purpose of this section is to describe and determine how General Plan residential densities are calculated for proposed residential projects when sensitive land areas exist on a residential parcel.

(Ord. 476, § 2(Exh. A), 2017)

The General Plan establishes minimum and maximum densities for all residentially designated uses within the City. Residential density is a computation expressing the number of dwelling units per acre based on the developable acreage of the land. The developable acreage shall not include sensitive land areas for purposes of calculating the permitted subdivision capacity (density) on a parcel or parcels of land. Because of the constraints due to sensitive land areas, residential parcels with sensitive land areas shall fall within a not to exceed maximum density for developable acreage and shall not have a minimum density requirement.

Public rights-of-way and utility easements are to be considered as part of the developable acreage.

(Ord. 476, § 2(Exh. A), 2017)

Developable acreage shall be determined by excluding the following sensitive land area(s) from the gross or legal acreage of a parcel(s):

A.

Land within the 100-year floodplain;

B.

Land or slopes exceeding twenty-six percent (26%);

C.

Creeks, streams, and the associated setback provisions as set forth in the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan as implemented by City Ordinance No. 412;

D.

Rock outcroppings; and

E.

Wetlands as defined and determined by the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan;

F.

Land containing species of endangered plants that have been identified as a no-take species as defined and determined by the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan; and

G.

Any other similar features as determined by the Planning Commission.

(Ord. 476, § 2(Exh. A), 2017)

To calculate the numerical maximum range of housing units; exclude the identified sensitive land areas from the legal or gross acreage and then multiply the remaining acreage by the highest number in the density range for the applicable residential General Plan land use designation for the maximum density.

(Ord. 476, § 2(Exh. A), 2017)

17.22.050 - Constraints Map.

Prior to permitting any request for a subdivision or parcel map allowing for the construction of any residential units, a constraints map shall be submitted analyzing the developable and non-developable acreage of the property.

(Ord. 476, § 2(Exh. A), 2017)

The provisions of this chapter shall not apply to any property identified in the sites inventory of the General Plan Housing Element in order to comply with state law to meet the City's Regional Housing Needs Allocation (RHNA) obligations for the fifth housing cycle (2015-2022) or sixth housing cycle (2023-2031).

(Ord. 476, § 2(Exh. A), 2017; Ord. 501, Exh. A, 1-16-2024)

Chapter 17.24 - LIMITED COMMERCIAL (LC) DISTRICT

Sections:

All land within a limited commercial district (map symbol LC) may be used for any of the uses under the regulations in this chapter.

(Ord. 52 Ch. II § 5(part), 1968)

Unless the land is located within the boundary of the Town Center Specific Plan, the principal permitted uses in the Limited Commercial District are as set forth herein. If the land is located within the boundary of the Town Center Specific Plan, the principal permitted uses are the retail sales, commercial service, restaurant, bar, commercial recreation, office, upper-floor residential, and visitor-accommodation uses specifically set forth in the "Town Center Commercial" land use designation of the Town Center Specific Plan.

A.

Retail business or service establishment supplying commodities or performing services for residents of the surrounding community, such as a junior department store, grocery, fruit, or vegetable store, bakery, drugstore, barbershop and beauty shop, clothes cleaning and laundry pickup station, business or professional offices and the like;

B.

Cafes, restaurants, grills, and similar enterprises, provided that such uses are conducted within a completely enclosed building;

C.

Business and technical schools, and schools and studios for photography, art, music and dance;

D.

Medical and dental offices and clinics;

E.

Administrative, executive, and editorial offices;

F.

Professional offices;

G.

Financial offices, including banks, and real estate and other general business offices;

H.

Outdoor sales activities, such as sidewalk cafes, and other similar uses, where the City finds any such use to be in the public interest and compatible with existing development in the general area where such use is proposed, and which use is maintained with sufficient screening or landscaping or both, where the same is or are determined by the City to be necessary to protect surrounding properties;

I.

Accessory uses and structures customarily appurtenant to a permitted use, such as incidental storage facilities;

J.

SRO facilities only with a Conditional Use Permit (See Section 17.60.030.B.6);

K.

Any other retail business, office or service establishment which the Commission finds not to be inconsistent with the purpose of this title and which will not impair the present or potential use of adjacent properties.

L.

Transitional and supportive housing, in the same manner and subject to the same restrictions as SRO facilities, including obtaining a conditional use permit (See Section 17.60.030.B.6).

(Ord. 325, 1996; Ord. 440, 2012; Ord. 465, 2016)

Buildings or parts of buildings hereafter erected or altered for any of the uses described in this chapter shall be situated on a lot at least five thousand (5,000) square feet in area and fifty (50) feet in average width.

(Ord. 325, 1996; Ord. 52 Ch. II § 5(c), 1968)

The building height in the Limited Commercial District shall not exceed forty (40) feet.

(Ord. 403, 2007)

The setback in the Limited Commercial District shall be five (5) feet from all lot lines, unless the lot shares a common lot line with a lot in a residential district, in which case the setback shall be ten (10) feet from that portion of the common lot line. The setback may be reduced to zero (0) feet upon approval of a site plan review by the Planning Commission for the subject development in accordance with Chapter 17.44.

(Ord. 403, 2007)

Off-street parking and loading shall be provided in accordance with the requirements of Chapter 17.37 (OffStreet Parking and Loading Regulations).

(Ord. 408, 2007)

Chapter 17.28 - PLANNED DEVELOPMENT (PD) DISTRICT

Sections:

A Planned Development District (PD) is a zone which allows for an integrated, comprehensively-planned area located on a single tract or contiguous tracts of land under a single or joint ownership which allows flexibility in the land use controls typically required by another zone. The Planned Development District requires a subsequent development level permit.

(Ord. 308, 1993)

The major purposes of the Planned Development District are:

A.

To implement the objectives of the General Plan.

B.

To conserve outstanding natural and archeological features.

C.

To provide more private and public open space.

D.

To encourage building variety and innovative approaches in environmental design. The Planned Development District permits, for example, mixed land uses, varied setbacks and building heights and diverse lot sizes.

E.

To promote economy and efficiency through shared facilities and services.

(Ord. 308, 1993)

Any piece of land one half acre or larger with any General Plan designation or designations may be rezoned to Planned Development District. Mixed use development would require rezoning to Planned Development District prior to seeking development approval.

(Ord. 308, 1993)

17.28.040 - Rezoning to Planned Development District.

An application to rezone or prezone an area to Planned Development District shall include all other submittals normally required by the City for a rezoning application pursuant to Chapter 17.56 of this Title.

(Ord. 308, 1993)

For all areas zoned Planned Development District, a land use permit is required as follows:

A.

For residential uses of four (4) lots or less and containing four (4) dwelling units or less, a Site Plan Review Permit is required pursuant to Chapter 17.44.

B.

For multiple family development projects located on property designated as Multifamily High Density (MHD) on the General Plan Land Use Map, the development standards for Multiple Family Residential (M-R-H) Districts shall apply pursuant to Chapter 17.20 and the Site Plan Review Permit process shall be used for processing purposes pursuant to Chapter 17.44. Alternatively, applicants may choose to process a Development Plan under the provision of this PD District Chapter if desired.

C.

For residential uses of five (5) lots or more or containing five (5) dwelling units or more, a Development Plan Permit is required as specified below.

D.

For commercial or mixed use development on parcels less than fifteen thousand (15,000) square feet in area (subject Subsection E below), a Site Plan Permit and/or a Use Permit is required pursuant to Chapters 17.44 and/or 17.60, respectively.

E.

For commercial or mixed use development on parcels fifteen thousand (15,000) square feet or greater in area (subject Subsection E below), a Development Plan Permit is required as specified below.

F.

The applicable parcel areas for Subsections D and E above, are those shown on the Assessor's Maps of the Contra Costa County Assessor's Office as of January 1, 2007 (termed Original Parcels). Development projects located on parcels created by any subsequent division of the Original Parcels must comply with the requirements applicable to the parcel areas of the Original Parcels.

(Ord. 402, 2007; Ord. 454, 2014)

The Planned Development District is designed to effectively control the development of a single use or mixture of uses as defined in the overlying category (or categories) designated in the General Plan. The keeping of chickens is allowed within detached single-family residential neighborhoods within Planned Development Districts subject to the specified restriction stated in Section 17.16.020.B. Personal property sales are allowed in residential neighborhoods within Planned Development Districts subject to the following standards:

A.

Personal property sales shall be allowed up to a maximum of six (6) days per calendar year;

B.

Personal property sales shall be limited to the hours between 8:00 a.m. and 5:00 p.m.;

C.

Personal property sales shall not result in adverse impacts related to noise, traffic, safety, congestion, and parking; and

D.

Personal property sales are only allowed in higher-density residential developments if the sales area does not adversely impact common areas or public areas.

(Ord. 420, 2009; Ord. 489, § 2.C(Exh. 3), 2019)

The maximum permissible density is defined by the overlying category(ies) designated in the General Plan. If the proposed Planned Development District spans more than one General Plan use and/or density category, then such use and/or densities may be mixed in the same proportions in the Planned Development District as designated in the General Plan. Strict adherence to overlying General Plan use/density boundaries may not be necessary if a reasonable mixture of uses/densities can be designed which is compatible with adjacent uses and which is not greater than the maximum permissible density as defined by the General Plan.

(Ord. 308, 1993)

The Planning Commission or City Council may adopt as part of a Site Plan or a Development Plan pursuant to the Planned Development District regulations, limitations and restrictions different from those specified elsewhere in City Ordinances, but which are designed to protect, foster and maintain the health, safety, and general welfare of the community, including and relating to but not limited to the following:

A.

Setback and height limitations on structures;

B.

Percent coverage of land by structures;

C.

The location, width, and improvement of vehicular and pedestrian access to various portions of the property;

D.

Planting and maintenance of trees, shrubs, plants and turf in accordance with a landscaping plan;

E.

Construction of fences and walls;

F.

Limitations upon the size, design, number, lighting and location of signs and advertising structures;

G.

Arrangement and spacing of buildings and structures to provide appropriate open spaces around them;

H.

Location and size of off-street parking, loading areas and docks;

I.

Architectural design of buildings and structures; and

J.

Provision for exterior night lighting.

(Ord. 308, 1993)

17.28.090 - Development Plan Application Requirements.

A.

Design Team: Given the complexity of a Planned Development District and its potential long-term impact on the character and quality of development in the City, to qualify for consideration for a Development Plan Permit, the applicant must assemble and utilize a qualified professional design team whose members are licensed, as appropriate, and which should include the following disciplines: land planning, architect, landscape architect and civil engineering.

B.

Application Form/Requirements: The Submittal Package shall include the following (unless otherwise directed by the Community Development Director): (All plans and analyses shall be at scale one inch = twenty (20) feet for site planning and one-eighth inch equals one foot or greater for elevations and floor plans unless Community Development Director requires another scale.)

1.

Site Opportunities/Constraints Analysis (Use more than one map if necessary):

a.

Environmental: Existing natural land features; type and diameter of trees six (6) inches or larger in diameter at four (4) feet, six (6) inches above natural grade (any such tree proposed to be removed shall be evaluated by a certified arborist in accordance with Chapter 15.70); topography (at two-foot contour intervals); soils; drainage patterns; water bodies and wetlands; flood hazard areas; surface and sub-surface geology plus geological hazards such as earthquake faults; natural features including view sheds and ridge lines; archeological sites; etc.

b.

Existing Improvements: The location and dimensions of all existing structures. Show all existing roads, paths, parking areas and all other improvements (pools, patios, decks, etc.). Identify all improvements to be retained showing location and dimensions.

c.

Easements: The location, dimension, and purpose of all existing easements on the property.

2.

Site/Development Plan: (Smaller scale plans showing an overview of the proposed development and its relationship to surrounding uses shall also be included.) The plan shall include, at minimum:

a.

Proposed use or uses of all lands within the subject area including all areas within the project proposed for private common areas and those proposed for dedication for public use.

b.

Relationship of any existing improvements retained with proposed use or uses.

c.

The anticipated grading for the development.

d.

Proposed subdivision of land and buildings.

e.

Proposed on-site and off-site improvements.

f.

Landscaping, parking areas and proposed building envelopes for each proposed development.

g.

If the intent is to develop the project in stages, each phase must be identified and shall be designed to be fully functional as a free-standing entity.

3.

Architectural Design:

a.

Drawings and elevations, to scale, showing the architectural design of all structures proposed for the site.

b.

Identify the exterior materials, color and finish of all structures.

c.

Discuss the harmony of the proposed design with the significant design features or themes of adjacent and community structures.

Circulation Plan:

a.

Show all proposed, on-site private vehicular (automobile and bicycle) and pedestrian ways. (Show proposed equestrian trails, if applicable.)

b.

Show proposed, on-site, public rights-of-way, walkways, paths, trails, etc. Identify pavement width and type.

c.

Show the relationship of the proposed circulation facilities to the existing facilities (including but not limited to streets, highways, pedestrian walkways, public transit, bicycle paths, hiking and equestrian trails, etc.

5.

Landscape Plan: A Landscape Plan shall be submitted which complies with the provision of Chapter 17.80 of this Title.

6.

Community Facilities Plan:

a.

The location of significant historical, cultural and archaeological features of the site, including methods proposed to preserve and incorporate such elements into the proposed project.

b.

The proposed layout, dedication and/or reservation of school sites, library sites, and public open space and usable recreation areas including parks and playgrounds, etc.

7.

Open Space Requirements: The method for satisfying the open space requirements of Section 17.28.100.

8.

Reports/statements including but not limited to:

a.

Identification of project applicant, proposed project developer, and owner (if different) and the identification of all members of the design team.

b.

Legal description of the property.

c.

A soils report for subject area.

d.

A geotechnical report for the subject area.

e.

A preliminary report indicating provisions for storm drainage, sewer disposal and public utilities (including cable television).

f.

A feasibility analysis of all public or quasi-public recreational and educational areas and facilities proposed to be located within the development. This analysis shall include a statement of anticipated financing, development and long-term maintenance.

g.

A residential density analysis of the subject area and the estimated population both adult and school-age resulting therefrom. The proposed number of school-age children shall be integrated with the analysis of educational needs and proposed facilities.

h.

A detailed statement indicating how and why the proposed development conforms to the General Plan and Specific Plan, if applicable.

i.

Any additional information as may be required by the Community Development Director.

C.

Submittal Packet: The number of copies of each of the above, which constitutes an Application Submittal Packet, will be determined by the Community Development Director.

D.

Application Fee: The Development Plan application materials shall be accompanied by a fee in such amount as may be fixed from time to time by resolution of the City Council.

(Ord. 308, 1993; Ord. 381, 2005; Ord. 402, 2007)

FOR ALL PROPOSALS REQUIRING A DEVELOPMENT PLAN PERMIT, THE FOLLOWING SHALL APPLY:

A.

Open Space. Amount of Open Space. Projects must contain provisions for active and passive open space areas collectively comprising at least twenty percent (20%) of the project site, except as follows: 1) commercial or mixed use projects on parcels less than one acre which must provide active open space on at least ten percent (10%) of the project site; 2) affording housing projects may be required to provide less than twenty percent (20%) of the project site as open space subject to approval by the Planning Commission. These minimum requirements may be increased depending upon the amount and type of active open space improvements provided.

B.

Proportion of Active and Passive Open Space. At least half of the designated open space area should be active open space (except for commercial or mixed use projects on parcels less than one acre). However, the City may consider the following factors for determining the proportion of the open space area which is active open space and passive open space:

1.

The topography of the project site;

2.

The proximity of the project site to other public areas of active open space and passive open space;

3.

The nature of any proposed active open space improvements including recreational areas (e.g., athletic facility, swimming pool, park, playgrounds, clubhouse, plaza, courtyard, walking trail) or open space amenities (e.g., public art, infrastructure for community events, landscaping);

4.

The extent to which the designated open space in commercial projects is accessible to the public or onsite customers; and

5.

The extent to which the provisions for active and passive open space are provided on-site, off-site, or through an in-lieu financial contribution.

C.

Off-Site Open Space and In-Lieu Contributions. Residential projects on sites less than three (3) acres as well as commercial or mixed use projects on sites less than one acre may meet all or a portion of the open space requirements through one or more of the following means:

1.

The acquisition of land for public open space and/or the construction of open space improvements on public open space at off-site locations.

2.

In-lieu financial contributions to the City for acquisition and/or maintenance of public open space. In-lieu financial contributions shall be based on the following criteria:

a.

For the active portion (minimum fifty percent (50%)) of the open space requirement, a financial contribution for acquisition and/or maintenance of active recreation areas (e.g., athletic fields, playgrounds) in the City's park system.

b.

For the passive portion (maximum fifty percent (50%)) of the open space requirement, a financial contribution for maintenance of the City(s trail system.

3.

If the financial contributions are based upon maintenance costs, such contributions shall be based upon reasonable maintenance costs for a ten-year period and shall be proportional to the land area that would be required if the open space area was provided on-site.

D.

Open Space Standards. The following standards apply to all open space areas.

1.

For purposes of calculating open space requirements, the project site area shall exclude areas to be dedicated for public right-of-way.

2.

Any active open space area shall not have a slope greater than ten percent (10%) or any length or width dimension of less than ten (10) feet.

3.

Open space areas shall be owned and maintained as listed below. Alternatively, open space areas may be proposed and accepted for dedication as public open space.

a.

Residential active open space — by a property owners association.

b.

Residential passive open space — by a property owners association or by one or more individual property owners if the area is subject to development restrictions by a conservation easement.

c.

Commercial or mixed use open space — by a property owners association or the project site property owner.

4.

All open space improvements and in-lieu financial contributions are subject to approval by the City.

(Ord. 402, 2007; Ord. 440, 2012)

Legal provision shall be made for the perpetual maintenance of all areas to be dedicated for common use including but not limited to active open space, passive open space, property owners association facilities, parking, and circulation.

(Ord. 402, 2007)

A.

Road/street widths are to be determined by the Subdivision Regulations in conjunction with the City Engineer.

B.

Streets shall be dedicated for public use and maintenance or privately-owned and maintained but open for continual public use.

C.

Off-street parking and loading shall be provided in accordance with the requirements of Chapter 17.37 (OffStreet Parking and Loading Regulations).

(Ord. 308, 1993; Ord. 408, 2007)

The design, location and installation schedule of all utilities are to be determined by the Subdivision Regulations and the City Engineer in consultation with the utility providers.

(Ord. 308, 1993)

17.28.140 - Review Procedures/Development Plan Permit.

A.

Hearing-Recommendation by Planning Commission.

1.

After application filing, the Community Development Director shall determine if all submittal requirements have been met and if the application is complete. The Community Development Director shall then schedule the matter before the Planning Commission. The Planning Commission shall then hold a public hearing to review the Development Plan Permit application. Notice of the public hearing shall be given in the manner and for the time required by California Government Code § 65091.

2.

The Planning Commission shall review the Development Plan Permit request and shall have authority to approve the request with conditions, as warranted, or to deny the request. Action of the Planning Commission shall be by vote of not less than a majority of Commissioners present at a duly constituted meeting of the Planning Commission. A denial of the Development Plan Permit request by the Commission shall cease further consideration of the request for a period of one (1) year following such denial, except in the following cases:

a.

An appeal is filed pursuant to Chapter 17.68 of this title;

b.

When a new application, although involving all or a portion of the same property, is filed for a materially different proposal than that previously applied for; or

c.

When the permit request was denied for the reason that the proposed development would not conform to the General Plan and the General Plan has subsequently been amended in a manner which would allow the proposed development.

3.

The City Council shall be the hearing body on appeals of decisions of the Planning Commission on Development Plan Permit requests. The City Council, on appeal, shall review the Development Plan Permit request and the decision of the Planning Commission de novo. After its public hearing and review, the City Council shall approve the request, with conditions, as warranted, or shall deny the request. Action of the City Council shall be by vote of not less than a majority of the Council present at a duly constituted meeting of the City Council. A denial of the Development Plan Permit request shall cease further consideration of the request for a period of one (1) year following such denial, except in the following cases:

a.

When a new application, although involving all or a portion of the same property, is filed for a materially different proposal than that previously applied for; or

b.

When the permit request was denied for the reason that the proposed development would not conform to the General Plan, and the General Plan has subsequently been amended in a manner which would allow the proposed development.

(Ord. 308, 1993; Ord. 501, Exh. A, 1-16-2024)

A.

The Planning Commission and/or City Council reserves the right to require development which is less dense than the maximum permitted in the General Plan as well as to impose conditions to insure that the development meets the purposes of the Planned Development District as hereabove specified.

B.

The Planning Commission and/or City Council may as a condition of approval require a cash bond or surety bond to ensure the completion of all or specified parts of the development determined to be essential to the achievement of the purposes of this chapter.

(Ord. 308, 1993)

17.28.160 - Standards of Review.

In order to make the findings required by Section 17.28.170, the provision of the following amenities shall be thoroughly evaluated:

A.

Natural Open Space: The quantity and quality of open space areas. Whether significant natural areas will be preserved including: prominent land features, watercourses, minimize removal of existing trees, etc.;

B.

Open Spaces: Quantity and quality of open space and associated improvements to be provided and whether such areas and improvements will be functional, safe, attractive and adequate;

C.

Vehicular Access: Including parking location, amount and design of pedestrian access including trails and bike paths, and the safe separation of transportation modes including provision for emergency vehicles;

D.

Landscape Design: The degree of compliance with the water conserving guidelines found in Chapter 17.80 of this Title and, where appropriate, the degree of fire resistant landscaping;

E.

Site Design:

1.

Creative integration of visual focal points, views and topographic features;

2.

Sun and wind orientation; and

3.

Building grouping and sensitive siting on the terrain for access and privacy as well as to minimize the necessity for retaining walls.

F.

Design Features:

1.

Maximize the harmonious integration of a variety of architectural features, materials and colors and site layouts to prevent design monotony; and

2.

Provision for the dense landscape screening of vehicular parking areas both public and private.

G.

Ownership/Maintenance of Common Areas: That adequate provision is made for the ownership and maintenance of the common areas of the development for the duration of its economic life; and

H.

Other Features: Provision of such other features as the Planning Commission or City Council determine are appropriate.

(Ord. 308, 1993; Ord. 402, 2007)

A Development Plan Permit for a Planned Development District shall not be granted unless the Planning Commission and/or City Council makes the following findings:

A.

That the application of the Planned Development District, as proposed, will result in a significantly better quality development than would occur with a non-flexible zone and that the factors specified in Section 17.28.160 have been thoroughly evaluated;

B.

That the project complies with the open space requirements of Section 17.28.100;

C.

That the development is consistent with the City's General Plan;

D.

That the development will be compatible with and in harmony and character with the City as a whole and with adjoining areas and uses;

E.

That in the case of non-residential uses such development is needed at the proposed location to provide adequate facilities of the type proposed and such non-residential development will fit harmoniously into and will not have adverse effects upon the adjacent or surrounding areas;

F.

That the development's environmental impacts have been reviewed pursuant to CEQA; and

G.

The applicant intends to start construction within the allotted time as specified in Section 17.28.190.

(Ord. 308, 1993; Ord. 402, 2007)

The Development Plan may be modified by submitting an application amendment following the review procedures specified in Section 17.28.140 of this chapter provided that the proposal is consistent with the General Plan.

(Ord. 308, 1993)

If within twenty-four (24) months after the approval by the Planning Commission or City Council of the Development Plan Permit, construction has not commenced, then the Development Plan Permit shall become null and void.

The Planning Commission or City Council, on appeal, may grant extensions to commence construction for not more than one (1) year at a time upon showing of good cause.

(Ord. 308, 1993; Ord. 501, Exh. A, 1-16-2024)

Chapter 17.30 - INSTITUTIONAL DENSITY (ID) DISTRICT

Sections:

The intent and purpose of this chapter is to provide opportunities for multiple family residential to be developed on sites shared with other community service uses, under sponsorship of public, quasipublic, private nonprofit or community-based organizations.

(Ord. 501, Exh. A, 1-16-2024)

17.30.020 - Permitted and conditional uses.

A.

The following principal uses and their accessory uses are permitted in the ID District:

1.

Duplex, triplex, townhouses, apartments and other multifamily structures;

2.

Supportive housing and transitional housing;

3.

Churches, synagogues, temples and places of worship.

B.

The additional uses are conditionally permitted in the ID District, except that no use permit is required when the use shares a site with a principal permitted use and is housed within a building that encompasses no more than twenty-five percent (25%) of the floor area of the building(s) that house the principal use or uses:

1.

Child day care center or adult day care facility;

2.

Private school;

3.

Administrative and professional offices.

C.

The following uses are conditionally permitted and may be allowed in the ID District upon granting of a use permit pursuant to the procedures in Chapter 17.64 and Sections 17.60.040, 17.60.050 and 17.60.060 of this title:

Congregate care and convalescent care facilities;

2.

Employee housing providing accommodations for six (6) or fewer employees;

3.

Residential care facilities for seven (7) or more persons;

4.

Parolee homes.

(Ord. 501, Exh. A, 1-16-2024)

17.30.030 - Minimum Requirements generally.

A.

Residential development or a mixed use development with both residential and nonresidential uses in the ID District shall be subject to the development regulations of the M-R-H District, including minimum setback, building relationship and open area requirements, and maximum building height requirements. Maximum lot coverage shall be seventy-five percent (75%). Notwithstanding the foregoing, no maximum lot coverage, minimum setback or minimum open area requirement specified for the M-R-H District may require a residential development to have fewer than sixteen (16) units.

B.

Nonresidential development in the ID District shall be subject to the building height and setback regulations of the LC District.

C.

Parking for residential and nonresidential uses shall comply with the regulations in Chapter 17.37 of this title.

(Ord. 501, Exh. A, 1-16-2024)

17.30.040 - Minimum lot area per residential unit.

No more than four thousand four hundred (4,400) square feet and no fewer than one thousand four hundred fifty (1,450) square feet shall be provided for each dwelling unit in a residential development or a mixed use development with both residential and nonresidential uses. Notwithstanding the foregoing, a minimum of one thousand (1,000) square feet may be provided for each dwelling unit if all of the units in the development are affordable to low income households as defined in Health and Safety Code section 50079.5.

(Ord. 501, Exh. A, 1-16-2024)

Chapter 17.32 - PROFESSIONAL ADMINISTRATIVE OFFICE (PAO) DISTRICT

Sections:

All land within a professional administrative office district (map symbol PAO) may be used for any of the following uses under the regulations in this chapter provided that no merchandise is stored, handled, displayed or sold on the premises:

A.

Professional offices established for the practice of law, medicine, dentistry, architecture, engineering, insurance, realtor, teacher, instructor, manufacturing representative, and any other consulting or administrative type of service determined by the Planning Commission to be of the same general character as those above;

B.

Studios and galleries for art, music, dance and photography;

C.

Commercial radio and television receiving and transmitting facilities; broadcasting studios or business offices;

D.

Pharmaceutical sales accessory to a professional office or clinic. Such use shall not be directly visible from the street;

E.

Off-street parking lots appurtenant to an approved use;

F.

Signs, subject to city ordinances regulating same;

G.

Accessory buildings and uses clearly incidental and appurtenant to permitted uses;

H.

Uses which the Planning Commission has found, after notice of public hearing, to be comparable to the above uses.

(Ord. 325, 1996)

The minimum lot areas and dimensions for a building site in the PAO district shall be as follows:

A.

Minimum lot area of ten thousand (10,000) square feet;

B.

Minimum average width of one hundred (100) feet;

C.

Minimum depth of one hundred (100) feet.

(Ord. 52, § 8(b), 1968; Ord. 139, § 1(part), 1974; Ord. 325, 1996)

17.32.030 - Lot Coverage.

No building or structure permitted in the PAO district shall cover more than thirty-five percent (35%) of the total lot area.

(Ord. 52, § 8(b), 1968; Ord. 139, § 1(part), 1974; Ord. 325, 1996)

17.32.040 - Building Height.

No building or structure permitted in the PAO district shall exceed thirty-five (35) feet in height; except that when the PAO district abuts any single family residential district, then the building height maximum of the portion of the PAO district being within fifty (50) feet of the abutting single family residential district shall be twenty (20) feet.

(Ord. 52, § 8(b), 1968; Ord. 139, § 1(part), 1974; Ord. 325, 1996; Ord. 375, 2004)

17.32.050 - Front Setback.

There shall be a front setback of at least twenty (20) feet for any structure. On corner lots, the principal frontage of a lot shall have a front setback of at least twenty (20) feet and the exterior side setback shall be at least fifteen (15) feet.

(Ord. 52 § 8(e), 1968; Ord. 139 § 1 (part), 1974; Ord. 325, 1996; Ord. 375, 2004)

17.32.060 - Side Setback.

There shall be an aggregate side setback of at least fifteen (15) feet with no single side setback being less than five (5) feet; except that when a side setback abuts a residential land use district, it shall then have a minimum width of fifteen (15) feet, with a minimum of five (5) feet width on the other side.

(Ord. 52 § 8(e), 1968; Ord. 139 § 1 (part), 1974; Ord. 325, 1996; Ord. 375, 2004)

17.32.070 - Rear Setback.

There shall be a rear yard setback, for any structure, of at least fifteen (15) feet.

(Ord. 52 § 8(e), 1968; Ord. 139 § 1 (part), 1974; Ord. 325, 1996; Ord. 375, 2004)

Off-street parking and loading shall be provided in accordance with the requirements of Chapter 17.37 (OffStreet Parking and Loading Regulations).

This PAO district is not intended to permit the carrying on of any of the following occupations or uses:

A.

Commercial, retail sales or wholesale sales;

B.

Bacteriologist;

C.

Barber;

D.

Beautician;

E.

Printer;

F.

Chemist;

G.

Engraver;

H.

Sign painter;

I.

Mortician;

J.

Masseuse;

K.

Taxidermist;

L.

Veterinarian;

M.

Palmist, fortuneteller and/or clairvoyant; and

N.

Other occupations as may be determined by the Planning Commission to be of the same general character as those specifically excluded.

(Ord. 52, § 8(e), 1968; Ord. 139, § 1 (part), 1974; Ord. 325, 1996)

Chapter 17.33 - PUBLIC FACILITY (PF) DISTRICT

Sections:

The purpose of the Public Facility (PF) District is to provide areas for public facilities such as government offices, public safety facilities, community centers, museums, schools, parks and recreational areas, and the Community Library. The intent is to designate those areas as PF District to distinguish them from the surrounding agricultural, residential, commercial, and other land use districts. A further intent is to provide the City with a means to consider the most appropriate use of a site following discontinuance of an existing public facility use without the encumbrance of an underlying district which may not provide appropriate regulations for reuse of the site.

The following uses are permitted within the PF District, subject to approval of a use permit in accordance with Chapter 17.60:

A.

Governmental and quasi-public administrative offices, and similar uses;

B.

Publicly-owned facilities including parks and recreation areas, libraries, museums, community centers, and schools;

C.

Fire stations, public safety facilities, government corporation yards, public utility facilities and substations;

D.

Similar uses subject to approval of the Planning Commission;

E.

Ancillary activities in support of or as part of a use listed above including parking areas, limited commercial activities, caretaker's quarters, etc.; and

F.

Emergency Shelter facility (subject to standards in Section 17.36.082).

(Ord. 449, 2013)

17.33.030 - Regulations for Lots, Setbacks, Building Height, and Related Matters.

The minimum lot area, lot width, lot depth, building height, setbacks, landscaping, parking, and lighting requirements shall be determined as part of the approval of a site plan review permit and/or use permit.

(Ord. 378, 2004)

Chapter 17.34 - RESOURCE OVERLAY (RD) DISTRICT

Sections:

The specific purposes of the RD Resources Overlay District are to:

A.

Maintain environmental equilibrium consistent with existing vegetation, soils, geology, slopes, and drainage patterns and to preserve the natural topography, including knolls, creeks, slopes, oak lands and ridge lines.

B.

Provide a mechanism for flexible design of residential and commercial development so that development and uses are compatible with the environment.

C.

Avoid development that would result in unacceptable flood and other safety hazards.

D.

Avoid development that would require extensive grading and creekside encroachment.

E.

Maintain development and use for historic sites and structures that preserve the character of historic sites and adjacent area.

(Ord. 269, 1990)

The Resource Overlay District may be combined with any residential and/or commercial district encompassing properties that have environmental characteristics sensitive to development and use. It may be initiated by an applicant or by the City under the procedures established in Chapter 17.56, Amendments. Each overlay district shall be shown on the zoning map by adding the designator "RD" to the base district designation, and a Resource Overlay Plan shall be required for all development, consistent with the provisions of this chapter.

(Ord. 269, 1990)

Land use regulations shall be those of the base district with which the RD is combined.

(Ord. 269, 1990)

Development regulations shall be those applicable to the base district with which the RD district is combined, unless modified by another overlay district or provided by performance standard schedules.

(Ord. 269, 1990)

Any project in an RD district shall have an approved RD Development Plan prior to issuance of a grading permit or approval of a subdivision or parcel map.

An RD plan shall be approved, approved with conditions, or disapproved by the Planning Commission, with the Commission's decision appealable to the City Council.

(Ord. 269, 1990)

An RD plan shall include any or all of the following items deemed necessary by the Planning Director to determine compliance with the purposes of this chapter:

A.

A map of the RD plan area showing sufficient topographic data to indicate the nature of the terrain including creeks, and the type, location, and condition of mature trees and other vegetation.

B.

A site and circulation plan with dimensions delineating proposed uses, building locations and density, public and private streets and parking areas, and a conceptual grading plan indicating the nature and general extent of grading proposed. A tentative map prepared pursuant to Title 16, Subdivisions, may be substituted for this requirement.

C.

A soils engineering report including, but not limited to, data regarding the nature, distribution, and strengths of existing soils; conclusions and recommendations for grading procedures; design criteria for any identified corrective measures; and opinions and recommendations covering the adequacy of sites to be developed. The investigation shall be compiled by a California-registered soils engineer.

D.

A geology report including, but not limited to, the surface and subsurface geology of the site; degree of seismic hazard; conclusions and recommendations regarding the effect of geologic conditions on the proposed development; opinions and recommendations covering the adequacy of sites to be developed; and design criteria to mitigate any identified geologic hazards. The investigation and report shall be compiled by a California-registered geologist or engineering geologist.

E.

A hydrology report including, but not limited to, the hydrologic conditions on the site; possible flood inundation with existing development and with future development under the General Plan and the RD Plan; downstream flood hazards, including cumulative impacts of development in the drainage basin; natural drainage courses; conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development; opinions and recommendations covering the adequacy of the site to be developed; and design criteria to mitigate any identified hydrologic hazards, including cumulative impacts consistent with these regulations. This report shall account for all runoff and debris from tributary areas and shall provide consideration for each lot or swelling unit site in a proposed hillside development project. The investigation and report shall be compile by a California-registered civil engineer experienced in hydrology and hydrologic investigation.

F.

A landscape plan shall be prepared by a landscape designer, a licensed landscape architect or other qualified person, and no significant or substantive changes to approved landscaping or irrigation plans shall be made without prior written approval by the Planning Director and the landscape designer.

(Ord. 269, 1990)

17.34.070 - Approval of a Resource Overlay Development Plan.

A.

General Procedures. An application for approval of an RD Overlay Development Plan shall be processed as a use permit application in accordance with the provisions of Chapter 17.60 with the responsibilities for

approval as prescribed in said Chapter. Such an application may be processed simultaneously with, and as a part of a project development approval process.

B.

Required Findings. The Planning Commission, with ability to appeal to the City Council, shall approve or conditionally approve a proposed RD Plan upon finding that it:

1.

Conforms to the General Plan and any applicable Specific Plan(s).

2.

Consistent with 17.34.010.

3.

Complies with the land-use and development regulations of the base zoning district, the RD Overlay District, and any other overlay districts applied to the property; and

4.

Can be adequately, reasonably and conveniently served by public services, utilities and public facilities.

(Ord. 269, 1990)

An RD plan shall become void two (2) years following the date of approval unless actions specified in the Conditions of Approval have been taken or unless the initial approval was for a stated period longer than two (2) years. An RD plan may by renewed by the Planning Commission, appealable to the City Council, upon application thirty (30), but not more than sixty (60) days prior to expiration if the Planning Commission finds that circumstances have not changed to make the plan inconsistent with the purposes of this chapter.

(Ord. 269, 1990)

Plans for a project requiring an RD plan shall be accepted for development plan review only if they are consistent with a valid RD plan and with all other applicable requirements of this code.

(Ord. 269, 1990)

Chapter 17.36 - GENERAL REGULATIONS

Sections:

A.

Except as otherwise provided in this section, a person shall not divide any lot or parcel of land and shall not convey any lot or parcel or any part of it if the division or conveyance so reduces the area, width, or setbacks of the lot or parcel or creates a lot or parcel with an area, width, setbacks so small that it does not conform to this title.

B.

No land providing the required area, width, or setbacks for a dwelling unit shall be considered as providing the required lot area, width, or setbacks for any other dwelling unit.

C.

Any lot or parcel of land of less width or area than the minima established in this title may be occupied by a single family dwelling and its accessory buildings if:

1.

The owners of the lot or parcel do not own enough adjoining property to make the lot or parcel of proper width and area; and

2.

The front, side, and rear setback requirements of this title are met; and

3.

The lot has been legally created and is separately recorded in the Contra Costa County Recorder's Office.

(Ord. 52, 1968; Ord. 325, 1996; Ord. 375, 2004)

The limits of heights of structures or buildings established in this title for any district in which the structures or buildings would otherwise be permitted shall not apply to chimneys, fire towers, water towers, cupolas, spires, belfries, monuments, flagpoles, utility poles, water tanks, and necessary mechanical appurtenances attached to buildings. Windmills, wind chargers, and other wind-harnessing structures and buildings are permitted by right in the Agricultural (A) District or with a Use Permit on lots in any zone except within the Town Center Specific Plan area that are greater than forty thousand (40,000) square feet in area. In all cases, parapets or fire walls on buildings or structures otherwise conforming to the regulations established in this title may be constructed a maximum of three (3) feet in height.

If any of the structures and buildings listed in the Section are proposed for construction in a manner that, in the judgement of the Community Development Director, may not comply with the intent of this section or may not comply with Standards of Review listed in Section 17.44.040, the Director shall require the structure or building to be subject to a Planning Commission Site Plan Review Permit review and approval.

(Ord. 52, 1968; Ord. 424, 2009)

Every part of a setback shall be open and unobstructed to the sky, except that fire escapes, open stairways, chimneys, and the ordinary projections of sills, belt-courses, cornices, eaves and ornamental features which do not obstruct the light and ventilation of any adjoining parcel of land shall not constitute obstructions nor violate required setback regulations.

(Ord. 52, 1968; Ord. 375, 2004)

Notwithstanding any other provisions of this title, side setbacks shall be permitted in any residential district according to the following table for any lot or parcel of land which was established by records in the office of the recorder of Contra Costa County before February 16, 1968, for the area or district in which the lot or parcel of land is situated:

(Ord. 52, 1968; Ord. 375, 2004)

An accessory building or accessory use may occupy not more than thirty percent (30%) of a rear setback.

(Ord. 52, 1968; Ord. 375, 2004)

17.36.055 - Accessory Buildings and Structures.

A.

Accessory buildings and structures may be located on any portion of a lot wherein a main building is permitted.

B.

No accessory building or structure shall be erected on a vacant lot unless approved by a use permit.

C.

An accessory building or structure shall not exceed sixteen (16) feet in height.

D.

Accessory buildings shall conform to the requirements of the respective zoning district, except as modified by the following standards.

1.

Interior Side Setback and Rear Setback. If an accessory building is at least twelve (12) feet from the main building (and all other accessory buildings) and at least sixty-five (65) feet from the front lot line, the interior side setback and rear setback for accessory structures are reduced to five (5) feet. These reduced setbacks must be clear of all structural protrusions, including roof overhangs.

2.

Minimum Passageway. An accessory building must be fully separated from the main building (and any other accessory buildings) by a passageway at least five (5) feet in width which is clear of all structural protrusions, including roof overhangs. The Planning Commission may determine that a wider passageway is appropriate as part of the site plan review process.

3.

Minimum Attachment. If an accessory building is attached to the main building (or any other accessory buildings), the accessory building shall be structurally part of and have a common roof or wall with the main building (or respective accessory building).

4.

Small Accessory Building. A small accessory building (e.g., storage shed) is exempt from the above interior side and rear setback, minimum passageway, and minimum attachment requirements if the small accessory building complies with all of the following:

a.

The floor area does not exceed one hundred twenty (120) square feet;

b.

The height (including any foundation) does not exceed eight (8) feet six (6) inches;

c.

It is located at least ten (10) feet behind the nearest front corner of the main building; and

d.

It is substantially concealed from public view by a legally-constructed solid fence or structure with a minimum height of six (6) feet.

E.

Accessory structures shall conform to the requirements of the respective zoning district, except as modified by the following standard:

1.

Interior Side Setback and Rear Setback. The interior side setback and rear setback for an accessory structure are reduced to five (5) feet. These reduced setbacks must be clear of all structural protrusions, including overhangs).

(Ord. 375, 2004; Ord. No. 406, 2007; Ord. 434, 2011)

17.36.057 - Cargo Storage Containers.

Prefabricated sea/land cargo storage containers are prohibited in all districts, except on City-owned property or when authorized by a temporary storage permit issued in accordance with Section 17.76.030.

(Ord. 375, 2004)

17.36.060 - Regulations for the Keeping of Horses.

A land use permit to allow the keeping of horses on parcels situated within zoning districts other than R-40H and agricultural, and having a minimum lot area of forty thousand (40,000) square feet, adjoining a horse trail, may be applied for in accordance with the applicable procedures of Chapter 17.60, and shall be subject to the following further regulations and conditions:

A.

All proposed and existing improvements on the subject parcel will be set forth on a site plan drawn to scale filed with the application. In addition, a landscaping and irrigation plan shall be submitted with the application showing the type, size and location of trees, plant materials, and means of irrigation, particularly in the area of boundary setbacks. Furthermore, a drainage plan for the proposed horse corral or paddock shall be submitted with the application.

B.

Any permit issued pursuant to this section shall belong to and run with the land, shall be governed by Chapter 17.64, and may be revoked under this provision of Section 17.64.050. The land use permit, if revoked, could be recovered when the parcel to which it applies changes tenancy and ownership. The Planning Director shall cause a memorandum of permit issuance to be recorded with the county recorder immediately upon issuance of a permit under this section, which shall describe the land covered by the permit and make reference to the regulations of this section.

C.

Any permit issued pursuant to this section will be for a maximum number of horses based upon the following criteria: A minimum of ten thousand (10,000) square feet of open, unimproved land area shall be set aside for the use of up to two (2) horses. For each additional horse, twenty thousand (20,000) square

feet more of lot area shall be required, with five thousand (5,000) square feet thereof being open, unimproved land area available for horse use with such five thousand (5,000) square feet to be contiguous with and used in connection with the minimum ten thousand (10,000) square feet of open, unimproved land area.

D.

Only horses owned by or leased to residents of the subject parcel will be allowed to be domiciled on the parcel under the permit.

E.

No horses shall be maintained upon the parcel until the main dwelling constructed or to be constructed thereon is occupied by the applicant.

F.

Each holder of a permit issued pursuant to this section shall comply with the following regulations:

1.

Adequate dust, fly and odor control shall be maintained at all times. Riding rings, areas, or similar structures must have an effective mechanical irrigation system capable of controlling dust within the entire riding area. Permitting a strong pervasive odor or horse manure or urine to exist which is offensive to the senses of the surrounding residents, thereby interfering with the comfortable enjoyment of their property, for a period of twenty-four (24) hours after a warning by the Code Enforcement Officer, shall be cause for said officer to issue an infraction notice.

2.

All applicable requirements of the Contra Costa County health department, building inspection department, mosquito abatement district, and state humane laws shall be complied with.

3.

Rodent control shall be maintained.

4.

During dry weather, and if the soil is dry, wet manure and bedding may be spread thinly to dry in a manner not conducive to fly-breeding. All horse stalls and small corral areas shall receive daily maintenance in regards to disposing of wet manure and bedding.

5.

All areas that are subject to irrigation shall be kept free of manure.

6.

For dust control, during periods of dry weather, riding or exercising horses on the lot will be prohibited unless irrigated riding areas are used.

7.

Ungelded male horses shall not be permitted to be domiciled or temporarily maintained on the premises. Foals or mares shall be permitted to remain with their dams until six (6) months of age.

8.

The permit holder shall comply with any additional conditions the Planning Commission shall deem necessary.

G.

All improvements constructed upon the applicant's property pursuant to a permit issued under this section shall conform to the following provisions:

1.

As close as circumstances will allow, all accessory structures shall be aesthetically compatible with the main structure on the lot. Accessory structures shall be limited to a maximum of sixteen (16) feet in height. Plans for proposed barns or stables should reflect adequate drainage and ventilation (see U.C. Davis Extension Barn Specifications).

2.

Setbacks of any barn, stable or shelter for horses shall be determined by the Planning Commission but the minimum setback shall be not less than one hundred (100) feet from the front property line and shall be not less than fifty (50) feet from any side or rear property line. Fences shall be constructed to enclose the entire area used for horse keeping, shall be in good repair at all times, and shall be built or materials sufficiently strong to retain horses. Fenced pasture, paddocks, or other enclosed equestrian areas shall be as determined by the Planning Commission, but in no event shall they be located nearer than ten (10) feet to any property line or any public right-of-way. The setback on a property line adjacent to any horse trail can be less than ten (10) feet if a six-foot masonry wall, chain link or solid wooden fence is erected along the trail easement.

H.

Any violation of this section is an infraction and shall be punishable as provided in California Government Code § 36900(b).

(Ord. 168, 1977; Ord. 325, 1996)

The keeping of not more than two (2) agricultural animals within zoning districts other than R-40-H and Agricultural is allowed subject to a Use Permit obtained from the Planning Commission. The keeping of agricultural animals is limited to not more than eighteen (18) months, the applicant being a minor and a

bona fide member of a 4-H Club or similar club, and the applicant having the permission of the property owner and supervision of the leader of such 4-H or similar club. The Planning Commission may restrict the species and sex of the animal and impose such other conditions to insure neighborhood compatibility.

(Ord. 325, 1996)

Fencing shall conform to the following standards:

A.

Front Setbacks. Fences shall not exceed a maximum height of thirty (30) inches within ten (10) feet of the front property line and a maximum height of six (6) feet in the remaining portion of the front setback.

B.

Interior Side Setbacks and Rear Setbacks. Fences shall not exceed a maximum height of six (6) feet on the interior side and rear property lines or anywhere within the interior side and rear setbacks.

C.

Exterior Side Setbacks. Fences shall not exceed a maximum height of six (6) feet and may be placed within the required exterior side setback or at the public right-of-way line.

D.

Corner Lots. Fences on corner lots shall conform with the restrictions on sight obstructions at intersections provided in Chapter 12.08.

E.

Driveways. Fences shall not exceed a maximum height of thirty (30) inches 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 twelve (12) feet from their intersection.

F.

Main Building Area. Fences shall not exceed a maximum height of eight (8) feet within an area in which a main building is permitted.

G.

Measurement. The height of fences shall be the average height of an eight-foot length of fence, measured from the lower of either the lowest adjacent ground level or the top of the footing of any retaining walls located within three (3) feet.

H.

Safety Fences. Safety fences and railings required by the Uniform Building Code are excluded from the height standards of this section.

I.

Barbed Wire. Barbed wire or other sharp materials shall not be used as a fencing material except on lands where agricultural grazing is actively conducted or where a use permit has been approved by the Planning Commission.

J.

Hazardous Locations. In no case shall any fence be located so as to cause a hazard to the movement of vehicles or pedestrians.

K.

Height Exceptions. The Director may issue an administrative use permit to allow a fence up to seven (7) feet in height in a rear setback or side setback of a lot in residential district. The Director may impose such conditions as the Director deems appropriate to mitigate any visual or other adverse impacts of the fence, including, but not limited to, requirements with respect to the height, design, and materials of the fence and landscape screening. Applications for an administrative use permit under this subsection shall be filed with

the Director on such form as the Director prescribes, and shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council. Prior to granting the administrative use permit, the applicant shall demonstrate and the Director shall find that:

1.

The issuance of such a permit is reasonably necessary by reason of unusual or special circumstances or conditions relating to the property, for the preservation of valuable property rights or the full use and enjoyment of the property;

2.

The fence will not create a safety hazard to pedestrians or vehicular traffic;

3.

The fence will not unreasonably interfere with access by police, fire, and emergency service personnel;

4.

The appearance of the fence is compatible with the scale, mass, design, and appearance of other existing buildings and structures in the neighborhood;

5.

The orientation and location of the fence is in proper relation to the physical characteristics of the property and neighborhood;

6.

The applicant has obtained the written consent of the adjacent property owner, unless the fence is adjacent to public right-of-way, in which case written consent is not necessary; and

The fence will be of sound construction.

The Director may refer a request for administrative use permit for fence height exception to the Planning Commission if, in the Director's judgment, one (1) or more of the findings in this subsection K cannot be made. The Planning Commission shall review the request in accordance with the permit procedures specified in Section 17.64.110 of this title. The decision of the Planning Commission can be appealed in accordance with Chapter 17.68 of this title.

==> picture [385 x 503] intentionally omitted <==

(Ord. 178, 1978; Ord. 197, 1979; Ord. 375, 2004; Ord. 480, § 2, 2017; Ord 483, 2018; Ord. 501, Exh. A, 1- 16-2024)

17.36.076 - Fenced Recreational Enclosures.

A.

Any recreational uses such as tennis and paddle ball which require fencing higher than permitted by Section 17.36.075 shall be subject to the issuance of a land use permit. A maximum twelve (12) foot high fence enclosure for recreational uses may be permitted by a land use permit.

B.

The Planning Commission shall consider all appropriate City ordinances with reference to the precise location of the enclosure on the property, the type of fencing, the drainage system, grading, and impact of the enclosure on the adjoining properties and neighborhood.

C.

The Planning Commission may grant the land use permit if it finds that:

1.

The higher fence will not extend into the front setback and will not have less than ten (10) foot setback from any other property line;

2.

The proposed use, enclosure and appurtenant structures will not adversely affect the neighborhood properties by blocking the view or constituting a nuisance;

3.

The granting of the permit meets the criteria for issuance of a land use permit.

(Ord. 178, 1978; Ord. 375, 2004)

A.

Manufactured Homes including Mobile homes on a Permanent Foundation System. Mobile homes eligible to be placed on individual lots where single-family residential units are allowed are those constructed after September 15, 1971, with an insignia of approval from the California Department of Housing and Community Development or constructed after July 1, 1976, with an insignia of approval from the U.S. Department of Housing and Urban Development, and which have not been altered in violation of applicable codes. Mobile homes placed on a permanent foundation system on individual lots where single-family residential units are allowed shall be subject to all applicable provisions of this Title 17, including those provisions that would otherwise be applicable to single-family stick-built residential units. These eligible manufactured homes shall have a minimum width of twenty (20) feet, and shall comply with the following standards:

Siding and roofing materials shall be compatible with the surrounding conventional single-family residential development.

2.

Covered parking and storage buildings associated with a manufactured home shall have matching architectural treatments.

3.

Eaves shall be extended to provide appropriate solar screening, shadowing interest, depth articulation, and to be compatible with the surrounding conventional single-family residential development.

4.

Exterior fascia shall extend down and be secured to the required permanent foundation system in a manner visually similar to a stick-built home.

5.

Overall exterior appearance shall blend architecturally with the design character of surrounding conventional single-family residential development.

6.

All walkways, driveways, flatwork, hardscaping, and landscaping located on the property of a manufactured home shall be of a quality design that is compatible with surrounding conventional singlefamily residential development and have a natural visual flow that is balanced with the design of the home.

7.

Skirting is prohibited.

B.

Mobile homes Having No Permanent Foundation System. A mobile home retaining an axle having no permanent foundation system shall be placed in a mobile home park.

C.

Manufactured homes and mobile homes on a permanent foundation are prohibited from being located on real property that is listed in the California Register of Historic Places (pursuant to Government Code § 65852.3(b).

(Ord. 425, 2009)

The following uses and activities in all zoning districts:

A.

Any use or activity which is prohibited by local, regional, state, or federal law unless expressly and affirmatively authorized by this code.

B.

Outdoor cannabis cultivation, except personal cannabis cultivation as provided in Section 17.95.020.

C.

Commercial cannabis uses, as described in Section 17.95.030.

D.

Reserved.

E.

Reserved.

F.

Other uses or activities as may be determined by the Planning Commission to be of the same general character as those specifically prohibited.

(Ord. 448, 2013; Ord. 461, 2016; Ord. 479, § 3, 2017; Ord. No.492B, § 3, 12-7-2021)

Emergency shelters are only permitted in the Public Facilities (PF) zoning district subject to the development standards of the zone. In accordance with the authority granted to cities under State law (SB2; 2007), emergency shelters must also meet the following objective development and management standards:

A.

An emergency shelter building shall be located a minimum distance of at least three hundred (300) feet from any residential use building or public or private K-12 school.

B.

An emergency shelter shall be located a minimum distance of at least three hundred (300) feet from another emergency shelter.

C.

The maximum number of beds or persons permitted to be served nightly by the facility shall not exceed ten (10).

D.

The maximum length of stay by an individual shall not exceed one hundred and eighty (180) consecutive days in a consecutive 12-month period.

E.

Off-street parking shall be provided in the ratio of one space for every three (3) beds, plus one parking space for each staff member on the largest shift. Provisions for bicycle parking shall also be made.

F.

An on-site interior client intake and waiting area shall be provided that is at least two hundred (200) square feet in area. A client intake and waiting area less than two hundred (200) square feet in size may be considered if it can be demonstrated the size of the intake and waiting area is sufficient to accommodate the demand.

G.

On-site parking lot lighting and security lighting shall be provided in accordance with City standards.

H.

Laundry and Refuse areas. The plan shall include provisions for indoor laundry facilities and an exterior enclosed refuse area.

I.

An operational plan shall be provided prior to the issuance of a Certificate of Occupancy or commencement of use, for the review and approval of the Community Development Director. At a minimum the plan shall contain provisions addressing the following:

1.

Security and Safety. The plan shall include provisions of 24-hour on-site management/security, facility rules, and procedures for maintaining a safe environment within and outside the shelter and addresses loitering.

2.

Prohibited activities. The plan shall include provisions that clearly discourage and prohibit the consumption or use of alcohol, narcotics, illegal drugs, etc. and prohibits all smoking (including but not limited to tobacco, marijuana, etc.).

3.

Management of outdoor areas. The plan shall describe procedures for admittance and discharge of clients, and describe measures aimed at minimizing the congregation of clients outside the shelter when not accepting clients.

Staff training. The plan shall describe the staffing required for the shelter and outline required training programs that provide staff with the knowledge and skills to assist clients in obtaining permanent shelter.

5.

Referral services. The plan shall include provisions of a kiosk providing information on other programs available to clients for obtaining permanent shelter, mental and health counseling, job placement, educational, legal, and other supportive services.

6.

Transportation services. The plan shall include provisions for public and/or private transportation services to assist clients.

(Ord. 449, 2013)

The purpose of these regulations is to promote the health, safety, convenience, prosperity, and general welfare by requiring that mobile food vendors and mobile retail vendors provide the community and customers with a minimum level of cleanliness, quality, safety, security and comply with all applicable licensing and permitting requirements of the City of Clayton and Contra Costa County.

A.

Use Permit Required. In order to conduct a mobile vendor business operation within the City of Clayton all mobile vendors, including mobile food vendors and mobile retail vendors, shall be required to obtain Use Permit approval from the Planning Commission, in accordance with the Use Permit processing provisions of Chapter 17.60. All mobile vendors applying for individual Use Permits shall also be required to comply with the following applicable Subsection C. Minimum Use Permit Submittal Requirements, Standards and Conditions. Notwithstanding the foregoing, a mobile vendor exclusively operating in the right-of-way in compliance with all terms and conditions of this chapter and other applicable law shall be granted a Use Permit.

B.

Exceptions. The exception to the Use Permit requirement shall only apply when either a mobile food vendor and/or mobile retail vendor applies and receives administrative approval of a Temporary Use Permit or is part of a special event that applies and receives administrative approval of a Temporary Use Permit, in accordance with the Temporary Use Permit processing provisions of Chapter 17.70. All mobile vendors applying for individual Temporary Use Permits shall also be required to comply with the following applicable Subsection C. Minimum Use Permit Submittal Requirements, Standards and Conditions.

C.

Minimum Use Permit Submittal Requirements, Standards and Conditions.

Any business or person(s) desiring to conduct in a mobile vendor operation, as defined by Chapter 17.04 of this code, shall submit a completed Use Permit application, including a written description of their mobile vending operation, applicable plans and information as deemed necessary, and pay a Use Permit processing fee as established from time to time by City Council resolution.

2.

The mobile vending operation or activity as proposed by the applicant shall comply with all applicable laws, including, but not limited to, the applicable building, fire, health, safety and zoning, regulations under state law, county codes and this code.

3.

If applicable, provide a copy of the vehicle's current registration and of the vehicle insurance policy, and maintain current validity of the documentation with the City during the full term of the Use Permit.

4.

Provide at least two (2) photographs (showing different exterior views) of each vehicle, pushcart, trailer, wagon, portable stand or temporary location.

5.

Each mobile vendor business operation must supply a Live Scan background check of each individual person working for said business in the City of Clayton to the Clayton Police Department and a California identification card to prove that he or she is the person in the background check.

6.

Prior to commencement of business operations all mobile food vendors shall provide the city with a copy of their approved Contra Costa County Mobile Food Facility Application/Permit.

7.

Prior to commencement of business operations each mobile vendor business operation shall obtain a city Business License and display it prominently at all times when conducting business in the city.

8.

For mobile food vendors shall provide to and maintain with the City a list of all food items that will be offered for sale. Nonfood items are not allowed for sale from mobile food vendors.

9.

For mobile retail vendors shall provide to and maintain with the City a list of all goods, items and merchandise that will be offered for sale. Food items are not allowed for sale from mobile retail vendors.

10.

Permitted hours of operation for mobile vendors, operating in a public right-of-way are from dawn to 9:00 pm. Permitted hours of operation for mobile vendors in all residential zoning districts locations are from dawn to dusk, unless otherwise restricted or allowed under an approved Use Permit or Temporary Use Permit.

11.

Mobile vendors shall not operate within one hundred (100) feet of any street intersection controlled by a crosswalk, traffic light, or stop sign.

12.

Mobile vendors shall not operate within five hundred (500) feet of another mobile vendor.

13.

Mobile vendors shall not stop in one location for more than three (3) hours, except in residential zoning districts in which case mobile vendors shall not stop for more than ninety (90) minutes in one location. Mobile vendors shall not return to the same location on the same calendar day.

14.

No mobile vendor shall locate within three hundred (300) feet if the property line of a school between 7:00 a.m. and 4:00 p.m. on days when school is in service or during a school event.

15.

No mobile vendor shall locate, park or stop in a location on or along an arterial street or on a public or private street, sidewalk, parking lot, easement or right-of-way that prohibits parking or stopping of vehicles or conflicts with other signed or designated restrictions.

16.

No mobile vendor shall interfere with access, driveways, aisles, or circulation, and shall not operate in a place where the operation will create a traffic hazard.

17.

No mobile vendor shall locate on a sidewalk, trail or any area that may impede foot traffic or interfere with pedestrian movement or create a pedestrian hazard.

18.

Vending from a vehicle, wagon, pushcart or trailer is prohibited on the exposed street and/or traffic side of the vehicle, wagon, pushcart or trailer.

19.

Portable tables, chairs, shade structures and signs are prohibited.

Mobile vendors shall provide waste containers and take away all waste generated or associated with their activity, and properly and legally dispose of said waste.

21.

No mobile vendor shall use live or amplified music or sound, unless otherwise allowed under an approved but Use Permit or Temporary Use Permit for an ice cream truck.

22.

Mobile vendors shall comply with all applicable fire protection and safety requirement prescribed by the Contra Costa County Fire Protection District.

23.

Additional Use Permit conditions of approval may be imposed and/or required based on the specifics of each individual request.

(Ord. 458, 2015)

Parolee homes are only permitted with a conditional use permit on land designated Multifamily Low Density (MLD), Multifamily Medium Density (MMD) or Multifamily High Density (MHD) on the General Plan Land Use Map and in either a Planned Development (PD) zoning district or in a Multiple Family Residential zoning district (M-R, M-R-M, or M-R-H), subject to the development standards of the zone. Parolee homes must also meet the following objective development standards:

A.

Location Requirements.

1.

A parolee home shall be located a minimum distance of at least one thousand (1,000) feet from any public or private school (preschool through 12[th ] grade), licensed daycare, library, public park, hospital, group home, business licensed for on- or off-sale of alcoholic beverages, youth center, emergency shelter, supportive or transitional housing when measured from the exterior building walls of the parolee home to the property line of the sensitive use.

2.

A parolee home shall be located a minimum distance of one thousand (1,000) feet from any other parolee home.

B.

The application process for a discretionary use permit for a parolee home shall include the following additional information:

Client profile (the subgroup of the population of the facility is intended to serve such as a single men, families, etc.);

2.

Maximum number of occupants and hours of facility operation;

3.

Term of client stay;

4.

Support services to be provided on-site and projected staffing levels; and

5.

Rules of conduct and/or management plan.

C.

Multifamily housing projects with twenty-five (25) units or less shall be limited to one parolee home unit. Multifamily housing projects with more than twenty-five (25) units shall be limited to two (2) parolee home units. For purposes of this subsection, "multifamily housing project" means a building designed or used for more than two (2) dwelling units sharing common walls on one lot, including apartments and condominiums, but not including attached single-family homes or townhomes.

D.

On-site staff supervision shall be required during all hours of the parolee home operation and the supervision shall not be provided by an active parolee.

E.

Any change in operating conditions that were approved in the conditional use permit shall require the immediate submittal of an application to modify the conditional use permit.

F.

Notice Requirement. In addition to any other requirements of Chapter 17.64, notice of any public hearing regarding a parolee home shall be mailed or delivered to all property owners within one thousand (1,000) feet of the proposed parolee home, as measured from the subject property lines, at least ten (10) days prior to the hearing. Notice of any public hearing shall also be published at least one time in a local newspaper and posted on the city website at least ten (10) days prior to the hearing.

(Ord. 483, § 7, 2018)

Chapter 17.37 - OFF-STREET PARKING AND LOADING REGULATIONS

Sections:

The purpose of the off-street parking and loading regulations are to:

A.

Ensure that off-street parking and loading facilities, where appropriate are provided for new land uses and for major alterations of existing uses in proportion to the need for such facilities created by each use and change.

B.

Establish parking standards for land uses consistent with need and with the feasibility of providing parking on specific sites throughout the city, including the more urban character of the Town Center.

C.

Promote compatibility among adjacent land uses and enhance the appearance of the City through appropriate design and aesthetic standards related to parking.

D.

Promote the development of retail and restaurant uses in the Town Center and encourage the public use of privately-owned off-street parking spaces during time periods when on-site businesses are not operating.

E.

Provide businesses with options for satisfying their off-street parking requirements.

F.

Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses from adverse impacts.

A.

When Required.

1.

Residential Uses. Required off-street parking facilities for residential uses shall be provided at the time of construction of on-site building(s) and/or addition(s), which individually or cumulatively have a floor area of five hundred (500) square feet or greater. The approving body may waive this requirement upon approval of written findings that adequate off-street parking is provided on-site and the project would not adversely impact on-street parking and traffic circulation in the vicinity of the project.

2.

Non-Residential Uses. Required off-street parking facilities for non-residential uses shall be provided at the time when any of the following activities would increase the required number of off-street parking spaces by ten percent (10%) or more: construction of a building, alteration of a building, expansion of an existing use, or use change of a site. A change in occupancy is not considered a change in use unless the new occupancy is in a different use classification than the former occupancy (e.g., retail vs. office). For existing buildings as of June 26, 2007 with a history of various retail, office, and/or restaurant uses, where a proposed change will result in expansion of retail and/or restaurant use which would otherwise require additional or reconfigured off-street parking spaces, the Director may reduce or waive such requirement, upon balancing the need for increased parking and the benefits to the City through enhanced retail or restaurant opportunities upon an express written finding by the Director that the purposes of this chapter are being advanced.

B.

Uniform Application. Provisions of this chapter shall apply uniformly throughout the city according to the specific land usage and shall be without regard to zoning district classification, except as noted in this chapter.

C.

Non-Conforming Parking or Loading. No existing use of a building or land shall be required to conform to this chapter solely because of the lack of off-street parking or loading facilities required by this chapter; provided, that facilities being used for off-street parking and loading to meet the requirements of this chapter as of June 26, 2007 shall not be reduced, except to achieve compliance with state or federal requirements regarding parking for disabled persons.

D.

Common Parking Facilities. Off-street parking facilities for any use shall not be considered as providing parking spaces for any other use except in accordance with the on-site parking provisions of subsection 1. below, the off-site parking provisions of subsection 2 below, or the reciprocal parking facility provisions of Section 17.37.060. No use shall be allowed if the number of required parking spaces is diminished unless substitute off-street parking facilities are provided.

1.

On-Site Parking. Parking required to serve a residential use shall be on the same site as the residence served. Parking required to serve a non-residential use may be on the same site as the use served. If more than one use is located on a site, the number of off-street parking spaces to be provided shall be equal to the sum of the requirements prescribed for each use, including fractions. This requirement applies to multiple uses under separate ownership on a site as well as multiple uses under the same ownership on a site. If multiple properties are involved, a written agreement between the property owners, subject to the requirements of subsection 17.37.020.F., shall be provided to the city.

Off-Site Parking. Parking required to serve a non-residential use may be on a different parcel under the same or different ownership as the use served; provided, that the parking shall be within three hundred (300) feet of the use served, as measured from the near corner of the off-street parking facility to the main public entrance of the use served via the shortest pedestrian route. If multiple properties are involved, a written agreement between the property owners, subject to the requirements of subsection 17.37.020.F., shall be provided to the city.

E.

Common Loading Facilities. The off-street loading facilities requirements of this chapter may be satisfied by the permanent allocation of the prescribed number of loading spaces for each use in a common loading facility; provided, that the total number of loading spaces shall not be less than the sum of the individual requirements, including fractions. If the gross floor area of individual uses on the same site is less than that for which a loading space would be required by Section 17.37.030, but the aggregate gross floor area of all uses is greater than the minimum for which a loading space would be required, the aggregate gross floor area shall be used in determining the required number of loading spaces. No use shall be continued if the number of required loading spaces is diminished unless substitute off-street loading facilities are provided prior to the change. If multiple properties are involved, a written agreement between the property owners, subject to the requirements of subsection 17.37.020.F., shall be provided to the city.

F.

Written Agreement. Off-street parking or loading facilities involving multiple properties shall be memorialized by a written agreement between the property owners which is satisfactory to the City Attorney. The agreement must include provisions between the property owner(s) for access to and use of the respective parking or loading facilities and a provision that the agreement will be recorded in the county recorder's office. The agreement shall be for the duration of the use requiring the parking or loading, provided, that the Director may waive the restriction upon an express written finding that substitute parking or loading facilities meeting the requirements of this chapter are provided. The Director shall require a new written agreement if the substitute parking or loading facilities are located on a property which is separate from the use.

G.

Computation of Spaces Required. When the calculation of the required number of parking, loading, or bicycle spaces results in a fractional number, a fraction of one-half or more shall be adjusted to the next higher whole number of spaces, and a fraction of less than one-half shall be disregarded.

H.

Use of Parking Facilities.

1.

A parking space may not be used for any purpose other than for the temporary parking of a vehicle, which is licensed for operation on public highways.

Overnight parking of vehicles in excess of twenty-one (21) feet in length or seven (7) feet in height or trailers is prohibited in non-residential districts, unless specifically permitted by other provisions of this Code.

I.

Administrative Relief. Subject to the following requirements, administrative relief from the terms of this chapter may be granted for matters regarding dimensions and square footage, as well as design standards for parking spaces, loading spaces, and parking lots.

1.

The Director makes express written findings that the requirements of this chapter are impractical as applied to the project; and

2.

Measures are incorporated into the project and the Director expressly finds in writing that the measures advance the purposes of this chapter; and

3.

The City Attorney reviews and approves the Director's action as complying with all applicable laws.

A.

Parking and Loading Space Schedules. Off-street parking spaces shall be provided in accordance with Schedule 17.37.030.A. Off-street loading spaces shall be provided for non-residential uses in accordance with Schedule 17.37.030.B or as required by the Planning Commission. References to spaces per square foot are to be computed on the basis of gross floor area unless otherwise specified, and shall include allocations of shared restroom, halls and lobby area, and mechanical equipment or maintenance areas, but shall exclude area for vertical circulation (e.g., stairs, elevators).

B.

Parking Schedule with Public Parking Easement. In lieu of the parking space requirements provided in Schedule 17.37.030.A, the number of off-street parking spaces required for projects meeting all of the criteria listed in subsections 1—3 below shall be in accordance with Schedule 17.37.030.C.

1.

The parcel is located within the planning area of the Town Center Specific Plan (as amended).

2.

The project involves new construction and/or addition(s) of retail, restaurant, service, or office uses.

3.

The City Council accepts an offer of a public parking easement from the property owner. The public parking easement allows the general public to park in the off-street parking facility when any business establishment operating on the property is not open for business.

C.

Waiver Period. In order to encourage development of retail, restaurant, office, and personal service uses in the Town Center before June 30, 2030, a waiver period extending through June 30, 2030 is established during which the number of off-street parking and loading spaces required for projects meeting all of the criteria listed in subsections 1—4 below is reduced in accordance with Schedule 17.37.030.D.

1.

The parcel is located within the planning area of the Town Center Specific Plan (as amended).

2.

The parcel is located within the planning area of the Town Center Specific Plan (as amended).

3.

A building permit (if required) for the project has been issued within two (2) years of project approval. Construction and a final building permit inspection are completed within one (1) year of the issuance of the building permit. These time periods may be extended once up to six (6) months by the Planning Commission upon a showing of good cause.

4.

City Council approval is granted for any individual project in which the requirement for more than seventyfive (75) parking spaces is waived.

D.

Monitoring of Spaces During Waiver Period. The Director shall monitor the amount of retail, restaurant, office, and personal service development within the planning area of the Town Center Specific Plan (as amended) during the waiver period. The Director shall determine the number of parking spaces which would have been required in accordance with Schedule 17.37.030A. Upon determining that new retail, restaurant, office, and personal service development has occurred or has been proposed, or other reductions in parking space requirements have been granted for which the aggregate number exceeds two hundred (200) reduced spaces, a report shall be presented to the Planning Commission. The Planning Commission shall review the report and make any appropriate recommendations for consideration by the City Council. This report shall include an assessment of the existing parking conditions in the planning area of the Town Center Specific Plan with respect to the availability of public parking, patterns of utilization, and parking needs of future commercial development in Town Center.

E.

Director Determination. Where the proposed use classification is not specified herein, the Director shall determine the probable use and the number of parking and loading spaces required. In order to make this

determination, the Director may require the submission of survey or other data from the applicant or have data collected at the applicant's expense.

SCHEDULE 17.37.030A OFF-STREET PARKING SPACE REQUIREMENTS

(Ord. 408, 2007; Ord. 410, 2007)

SCHEDULE 17.37.030B OFF-STREET LOADING SPACES REQUIRED

SCHEDULE 17.37.030C

OFF-STREET PARKING SPACES REQUIRED WITH PUBLIC PARKING EASEMENT

SCHEDULE 17.37.030D REDUCTION OF REQUIRED PARKING AND LOADING SPACES DURING WAIVER PERIOD

• Parcel Area is that shown on the Assessor's Maps of the Contra Costa County Assessor's Office as of January 1, 2007 (termed "Original Parcels"). Development projects located on parcels created by any

subsequent division of the Original Parcels must comply with the requirements applicable to the parcel areas of the Original Parcels.

(Ord. 488, § 2, 2019; Ord 499, 2023; Ord. 501, Exh. A, 1-16-2024)

Bicycle parking spaces shall be provided as required by this section. Bicycle parking shall be in addition to the automobile parking spaces.

A.

Number of Spaces Required.

1.

Commercial and Public/Quasi-Public Use Classifications: One plus ten percent (10%) of the requirement for automobile parking spaces, or as required by the Planning Commission.

2.

The bicycle parking requirements may be reduced or waived by the approving body pursuant to the approval of a site plan review permit or development plan permit upon the finding that:

a.

The configuration of the parking lot, and/or the location of the building preclude a feasible location for bicycle parking; or

b.

That the pedestrian circulation would be significantly disrupted by the addition of required bicycle parking; or

c.

The provision of bicycle parking spaces can be provided collectively in an off-site location that is within close proximity, not to exceed a walking distance of two hundred (200) feet. A written agreement exists between the property owner(s) conforming with the requirements of subsection 17.37.020.F.

B.

Bicycle Parking Design Requirements. For each bicycle parking space required, a stationary object shall be provided to which a user can secure both wheels and the frame of a bicycle with a six-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket. Bicycle parking shall be provided in a manner which does not interfere with pedestrian or vehicular circulation, yet is located in such a manner which encourages the use of bicycles by being convenient to the entry to the building or facility. Such parking may be located on the public right-of-way subject to issuance of an encroachment permit.

All parking facilities shall comply with state requirements regarding parking for disabled persons, as per Chapters 11A and 11B of the California Building Code.

A reciprocal parking facility is a common off-street parking facility shared by two (2) or more uses which have peak demands for parking which do not overlap in time. The total number of off-street parking spaces required for a project or use using a reciprocal parking facility may be reduced upon the granting of a use permit in accordance with the provisions of Chapter 17.60 and confirmation of all of the following findings:

A.

The spaces to be provided will be available as long as the uses requiring the spaces are in operation;

B.

The peak hours of parking demand from all uses do not coincide and the number of spaces to be provided is adequate to accommodate the peak demand for parking at all times;

C.

The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if collective parking is not provided; and

D.

A written agreement exists between the property owner(s) and the City which is satisfactory to the City Attorney and includes:

1.

A provision that there will be no substantial alteration in the uses that will create a greater demand for parking;

2.

A provision which allows for access to and use of the reciprocal parking facilities by the employees and customers of the subject uses;

3.

A provision that the City may require parking facilities in addition to those originally approved upon a finding by the Planning Commission that adequate parking to serve the use(s) has not been provided;

4.

A provision that the agreement will be recorded in the county recorder's office upon issuance of the use permit;

5.

No use shall be continued if the number of required parking spaces is diminished unless substitute parking facilities are provided prior to the change.

An applicant for a use permit for a reciprocal parking facility may be required to submit survey data substantiating a request for reduced parking requirements. Alternatively the Director may have survey data collected at the applicant's expense. A use permit for a reciprocal parking facility shall describe the limits of any area subject to the reduced parking requirements and the reduction applicable to each use.

At the discretion of the City, all or a portion of the required off-street parking requirements for a commercial use within the planning area of the Town Center Specific Plan (as amended) may be met by payment of inlieu parking fees to the City in an amount determined in accordance with then existing law. In-lieu parking fees shall be as established by resolution of the City Council and may be amended from time to time. Any in-lieu parking fees due to the City shall be paid prior to issuance of a land use entitlement or a building permit, whichever occurs later. In-lieu parking fees collected by the City shall be used for the provision and maintenance of public parking spaces in the Town Center.

A.

Parking Space Dimensions. Required parking spaces shall have the following minimum dimensions:

B.

Standard and Compact Spaces. For residential uses, all required resident spaces and at least ninety percent (90%) of the required guest spaces shall be standard spaces. For non-residential uses, at least ninety percent (90%) of the required spaces shall be standard spaces. Compact spaces shall be clearly marked. The approving body may allow a smaller percentage of standard spaces upon a determination that special circumstances applicable to the subject property due to its size, shape, topography, location or surroundings preclude the owner from providing at least ninety percent (90%) standard spaces.

C.

Garages. A new garage or alteration to an existing garage serving a single-family dwelling shall conform to the following minimum dimensions:

Single-car garage: ten (10) feet by twenty (20) feet (nine-foot wide door opening).

2.

Double-car garage: twenty (20) feet by twenty (20) feet (16-foot wide door opening).

No interior door shall open into a garage space unless the door will fully open without encroaching into the above specified areas. A pre-existing garage that does not meet these dimensional requirements is not deemed a non-conforming use solely because of this non-conformity.

D.

Spaces Adjacent to Obstructions. Each parking space bordered on the side by a wall, column, or other obstruction higher than one-half feet shall be increased by two (2) feet on each obstructed side. Columns shall not encroach into parking spaces, nor shall they be located within two (2) feet of an aisle when adjacent to a parking space. If a column is located adjacent to the first three (3) feet of a parking space or is between two (2) and four (4) feet from the aisle end of a parking space, the additional two (2) foot width is not required.

E.

Vertical clearance. Vertical clearance for parking spaces shall be seven (7) feet, and the front five (5) feet of a parking space serving a residential use may be reduced to four and one-half (4.5) feet.

F.

Wheel stops. All spaces shall have curbs or permanently-anchored wheel stops three (3) feet from a fence, wall, or walkway. When a parking space abuts a landscaped planter less than six (6) inches high, the front two (2) feet of the required length for a parking space may extend into the planter. This standard is not applicable to single-family dwellings.

G.

Cross Slopes. No parking space shall have a cross slope greater than four (4) percent.

A.

Location. No portion of a parking lot or parking space shall be located in a required setback, with the following exceptions.

1.

Single-Family Dwellings. Parking spaces on paved driveways up to twenty-seven (27) feet in width or circular driveways with a second curb cut may be located in the setbacks of a parcel occupied by a singlefamily dwelling, provided that at least seventy-five (75) percent of the balance of the front and exterior side setback is landscaped.

2.

Duplexes and Multiple-Family Dwellings. Parking spaces may be located in interior side or rear setbacks of a parcel occupied by a duplex or multiple-family dwelling.

3.

Driveways. Driveways may be located in a setback.

B.

Parking Angle and Aisle Dimensions. Dimensions of required off-street parking spaces and aisles shall be as listed below. The minimum aisle width may be reduced, subject to review by the City Engineer. The aisle width exceptions shall only be allowed where the decrease will not create a hazardous traffic condition, and where the reduction is necessary to provide for additional parking where existing parking does not meet current standards.

C.

Parking Lot Circulation.

1.

All spaces in a parking lot shall be accessible without re-entering a public right-of-way unless it is physically impossible to provide for such access. No backing into streets is permitted except for a detached single-family dwelling or a duplex dwelling where each unit is served by an individual driveway.

2.

Each day care center or private school located in a residential district, shall include a drop-off area that may be adjacent to a primary access or aisle.

D.

Driveways.

Location. Driveways shall be designed and located in such a manner as to ensure proper visibility to onstreet traffic. A new driveway serving a single-family dwelling shall not be placed on an arterial street unless other alternatives are not available.

2.

Visibility. Visibility at driveway entrances shall be clear of any obstacles such as signs, landscaping and structures. (See Chapter 17.36 for fencing standards at driveways.)

3.

Joint Use of Driveways. For non-residential uses, joint use of driveways with adjacent properties may be required to reduce the total number of driveways along streets, enhance pedestrian travel, minimize loss of on-street parking, improve the flow of traffic, and lower the accident potential.

4.

Driveway Widths.

Driveways to any parking area shall have the following minimum widths, plus a minimum of one foot additional clearance on each side of a vertical obstruction exceeding one-half foot in height.

The City Engineer or Fire Protection District may require driveways in excess of the above widths where unusual traffic, grade, or site conditions prevail. The City Engineer also may approve narrower driveways to accommodate pre-existing conditions and allow for adaptive reuse of older buildings.

5.

Curb Returns. The City Engineer may require driveways to be constructed with full curb returns and handicapped ramps as opposed to a simple curb depression.

E.

Parking Space Access. Parking spaces must be designed and maintained in a manner that an automobile may enter every space with no backup movements and exit the space with one continuous backup movement. In order to provide an adequate area for backup maneuvers at the end of a parking lot with four (4) or more parking spaces, an aisle or driveway providing access to the end parking space shall extend at least three (3) feet beyond the required width of the parking space, or the aisle or driveway shall have a minimum width of thirty (30) feet.

==> picture [210 x 116] intentionally omitted <==

Parking Space Access

(This diagram is for illustration purposes only and has not been adopted as part of the Zoning Ordinance.)

F.

Screening. A parking lot or carport with five (5) or more required spaces shall comply with the requirements of subsections 1 and 2 below. The Director may require a higher fence and a landscaped berm, where the off-street parking facility would have an adverse impact on an adjacent use due to a high turnover of spaces or noise due to the location of service vehicle access and loading space(s).

1.

The parking facility shall be screened from an adjoining residential district by a solid wood fence or masonry wall six (6) feet in height (or seven (7) feet in height, as allowed by the fencing regulations in Section 17.36.075), except that the height of a fence or wall adjoining a front setback in a residential district shall not exceed thirty (30) inches within ten (10) feet of the front property line.

2.

If the parking facility abuts a street separating the parking facility from a residential district, the parking facility shall be screened from the residential district by a fence or landscaped berm (not steeper than a 4:1 slope) not less than thirty-six (36) inches in height above the parking surface. The interior slope of the berm may be eliminated by use of a retaining wall on the parking facility side of the berm.

G.

Lighting. Outdoor parking lot lighting shall not employ a light source higher than ten (10) feet in residential districts or fifteen (15) feet in non-residential districts; shall create no cone of direct illumination greater than sixty (60) degrees from a light source higher than six (6) feet, and shall not directly shine onto an adjacent street or property. Illumination at ground level shall not exceed three (3) foot-candles in a non-residential district or 0.5 foot-candles in a residential district. Additional illumination for safety purposes may be required by the approving body.

H.

Landscaping. New or reconfigured parking lots with more than five (5) spaces must provide planting areas in accordance with the following standards. This standard is not applicable to single-family dwellings.

Perimeter planting areas along public right-of-ways and interior property lines must be provided. At least one tree (minimum twenty-four (24) inch box) must be provided per one hundred fifty (150) square feet of perimeter planting area.

2.

Internal planting areas equal to at least ten percent (10%) of the total parking lot must be provided in parking lots greater than six thousand (6,000) square feet.

3.

Planting areas must have a minimum area of twenty-five (25) square feet and a minimum width of five (5) feet, exclusive of curbs.

4.

The end of each row of parking spaces must be separated from driveways and aisles by a planting area, sidewalk, or other means.

5.

A minimum of one tree (minimum twenty-four (24) inch box) for every three (3) parking spaces must be distributed evenly throughout the parking lot. Trees provided pursuant to subsection 1, above shall be credited toward this standard.

6.

Planting areas located adjacent to parking spaces, aisles, driveways, or loading areas must be protected with concrete curbs or wheel stops. Alternative treatments may be considered, subject to the approval of the approving body.

7.

Permanent and automatic irrigation systems must be provided for all planted areas.

8.

The property owner must enter into a written landscaping and maintenance agreement with the City, in a form satisfactory to the City Attorney.

9.

Innovative landscape designs may be substituted for the above standards, subject to the approval of the approving body.

I.

Drainage. Surface water shall be discharged to natural or engineered off-site drainage facilities and may not drain off or across public or private sidewalks, pedestrian walkways, or areas not designed as drainage

facilities. Stormwater drainage and treatment facilities shall be provided in accordance with the stormwater management requirements of Chapter 13.12 and all applicable federal and state laws.

J.

Paving. Driveways, aisles, and parking spaces shall be paved with concrete or asphaltic concrete, subject to the approval of the City Engineer, so as to provide a durable and dust-free surface. Driveways and parking spaces serving single-family dwellings may also be paved with water-pervious surfacing material, subject to the approval of the City Engineer.

K.

Striping, Signs, Marking, and Curb Painting. All parking and loading spaces shall be striped. Doublestriping of parking spaces is encouraged and may be required by the City Engineer based upon site conditions such as "high turnover" spaces or restricted maneuvering space. Driveways and aisles shall be marked and maintained with directional arrows and striping to expedite traffic movements. Any area not intended for parking shall be signed as such, or in areas where a curb exists, the curb may be painted red in lieu of signs. All striping, signs, markings, and curb painting shall be in conformance with applicable City standards. All striping and markings shall be applied with a minimum of two (2) coats of material. It shall be

the responsibility of the property owner to ensure that all striping, signs, markings, and curb paintings are maintained in a legible condition. The striping, sign, marking, and curb painting standards are not applicable to single family or duplex dwellings, unless necessary for safety purposes as determined by the City Engineer. This standard is not applicable to single-family dwellings.

L.

Sales or Storage. A parking lot may not be used for automobile sales, storage, repair work, dismantling, or outdoor open sales displays, except as authorized by a temporary use permit issued in accordance with Chapter 17.70.

M.

Reserved Spaces Prohibited. Parking spaces shall not be reserved for tenants or customers of individual businesses. Notwithstanding this provision, parking spaces may be reserved for tenants in residential uses.

Required off-street loading spaces shall be on the site of the use served or on an adjoining site. Required loading spaces must have adequate driveways and shall at all times have access to a public street. Required loading spaces shall be accessible without backing a truck across a public right-of-way line unless the approval body determines that provision of turnaround space is infeasible and approves alternative access. An occupied loading space shall not prevent access to a required off-street parking space. A loading space shall not be located in a required front or exterior side setback.

Except in the Town Center, a loading space visible from a street shall be screened by a building or solid fence at least six (6) feet in height.

(Ord. 408, 2007)

Chapter 17.38 - BED AND BREAKFAST GUEST FACILITIES

Sections:

"Bed and Breakfast Guest Facilities":

A.

"Host Home" - two (2) or less guest rooms - minimum lot area fifteen thousand (15,000) square feet

B.

"Bed and Breakfast Home" - three (3) to four (4) guest rooms - minimum lot area twenty-four thousand (24,000) square feet

C.

"Bed and Breakfast Inn" - five (5) to eight (8) guest rooms - minimum lot area sixty-four thousand five hundred twenty (64,520) square feet (one and one-half (1.5) acre)

(Ord. 280, 1990; Ord. 378, 2004)

No Bed and Breakfast guest facility shall be established until an application for a Land Use Permit has been submitted to and approved by the Planning Commission in accordance with the procedures set out in Chapter 17.60 of the Clayton Municipal Code. Prior to the Planning Commission's public hearing of the application, the applicant shall provide evidence that written comments have been solicited from all owners and occupants of lands within a three hundred (300) feet radius adjacent to the proposed use. Any written comments received shall be submitted to the Planning Commission for consideration at the hearing. Approved Land Use Permits shall be reviewed yearly by the Planning Director and in addition shall be further reviewed by the Planning Director if complaints are received in writing by the City.

(Ord. 280, 1990; Ord. 378, 2004)

In approving a Land Use Permit for a Bed and Breakfast guest facility, the Planning Commission shall make the following findings:

A.

The proposed site is well maintained including landscaping, paint and trim and free from unsightly car, trailer or boat storage.

B.

The proposed site is suitable for conversion to a Bed and Breakfast facility and the conversion will not seriously affect the architectural, historical, or scenic character (and appearance) of the property.

C.

The proposed site exhibits architectural, historical and/or scenic features which would serve to differentiate it from surrounding properties in a similar zone.

D.

The proposed use can be conducted without unduly interfering with the surrounding residential neighborhood and is compatible with adjacent uses in the vicinity.

E.

The proposed site is in a residential and/or commercial zone. The use may be allowed in any other zone which the City Council, by Ordinance, shall designate, subject to use permit approval.

F.

The application is consistent with the General Plan and the zoning district in which the subject property is located.

G.

The property is located near a major thoroughfare, collector or arterial street.

H.

There is a minimum separation of one thousand (1,000) feet from the proposed Bed and Breakfast guest facility and any other such facility. This distance shall be measured in a straight line from the property line without regard to intervening structures.

I.

The relevant minimum site area specified in Section 17.33.010 is available for the proposed facility.

(Ord. 280, 1990; Ord. 378, 2004)

Bed and Breakfast guest facilities shall comply with each of the following regulations:

A.

Bed and Breakfast facilities shall be owners occupied and managed.

B.

Guests shall check in and out only between 8:00 a.m. and 8:00 p.m. The maximum stay for guests shall not exceed fourteen (14) consecutive days within any thirty (30) day period. No long term rentals shall be

allowed.

C.

There shall be only one meal, breakfast, served daily and limited to guests only.

D.

Records of all guests who have patronized the Bed and Breakfast establishment shall be preserved for a minimum period of three (3) years for monitoring purposes.

E.

Interior residential features shall be retained in a manner which will allow reconversion back to a residential use.

F.

All structures shall comply with the California Building Code and Uniform Fire Code requirements for the proposed use.

G.

On site signage shall be limited to two (2) square feet, shall be non-illuminated and be architecturally compatible with the main facility.

H.

Off-street parking shall be provided in accordance with the requirements of Chapter 17.37 (Off-Street Parking and Loading Regulations). All required parking shall be on-site and adequately screened.

I.

Renting of the facilities for special gatherings (e.g. weddings, wedding reception, party) shall be prohibited, unless specifically allowed by the approved Use Permit.

J.

There shall be no pet(s) accompanying guest(s).

(Ord. 280, 1990; Ord. 378, 2004; Ord. 408, 2007)

Chapter 17.40 - PUBLIC UTILITY SYSTEMS

Sections:

17.40.010 - Definitions.

A.

"Communications equipment building" is a building housing electrical and mechanical equipment necessary for the conduct of a public utility communications business with or without personnel.

B.

"Public utility service yard" is a work center with building located therein where the utility maintains and stores equipment, supplies and vehicles.

(Ord. 52, Ch. I § 12(a), 1968)

Communications equipment buildings and public utility gas and/or electrical substations are permitted in all districts subject to first obtaining a land use permit. Public utility service yards are permitted in agricultural districts (map symbol A) subject to first obtaining a land use permit.

(Ord. 52, Ch. I § 12(b), 1968)

Public utility distribution and transmission lines, both overhead and underground, shall be permitted in all districts without limitation as to height and without the necessity of first obtaining a use permit; provided, however, that the routes of proposed electric transmission lines shall be submitted to the Planning Commission for approval, and said approval shall be received prior to acquisition of rights-of-way therefor, and any construction thereon.

(Ord. 52, Ch. I § 12(c), 1968)

Chapter 17.42 - ANTENNAS

Sections:

The City of Clayton is located at the northern base of Mt. Diablo and is surrounded by rolling hills and wooded streams. Policies of the general plan and other actions have consistently underscored the importance of preserving the scenic attributes of the area. Innovations in communication technology and the desire of residents to use communication devices, in some cases, requires the erection of antennas or dishes which are considered unsightly by others. The City must balance the objectives of the community with the needs of the individuals by establishing regulations for antennas.

(Ord. 229, 1986)

Definitions to this chapter govern the construction of this chapter unless the context otherwise requires.

(Ord. 229, 1986)

The term "antenna", as used herein, means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves which system is external to or attached to the exterior of any building. The term antennas shall include "dish" antennas and devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom which may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. Antennas shall be divided into the following categories for purposed of description and regulation:

A.

Transmitter/Receiver Antenna

B.

Satellite Dish Antenna

C.

Radio/Television Broadcast Antenna

(Ord. 299, 1986)

This type of antenna is used by an amateur radio station or citizen band station which can transmit as well as receive radio waves in bands of frequencies permitted by the F.C.C. Antennas are placed on towers and set to heights that are consistent with frequencies used by the operator. In order to operate an amateur radio, the operator must be licensed by the F.C.C. and operate in accordance with their regulations. This category includes both amateur radio station antennas and citizen band (CB) station antennas.

(Ord. 229, 1986)

This type of antenna is also known as an earth station or ground station. The component parts of this system include a signal receiving dish, a low noise amplifier (LNA) and a coaxial cable used to carry the signal from the antenna to the television or radio. The dishes can be solid or open mesh and can be painted any color.

(Ord. 229, 1986)

This includes both free standing and roof mounted antennas of varying heights used to improve direct (nonsatellite) television or radio reception.

(Ord. 229, 1986)

All antennas in every City zone shall be subject to review and approval of the City of Clayton with the following exceptions:

A.

Roof mounted Transmitter/Receiver Antenna and Radio/Television Broadcast Antenna in residential zones where the horizontal extent of antennas does not exceed ten (10) feet and the final height of the antennas when mounted does not exceed the thirty-five (35) feet height limit, where such antennas are not prohibited by either covenants, conditions and restrictions (CC&Rs) or subdivision conditions.

B.

Ground mounted satellite dish antennas installed at less than seventy-two (72) inches in height, painted black, olive green or similar neutral color, placed where they cannot be seen from the public right-of-way or adjacent parcel.

C.

Single strand wire antenna supported from a natural object of any height or a man-made structure not in excess of thirty-five (35) feet in height.

(Ord. 229, 1986)

17.42.040 - Site Plan Required.

A.

Site plan review and approval by the Planning Commission of the City of Clayton shall be required for the following types of antenna installations:

1.

Ground mounted Transmitter/Receiver Antenna towers up to forty (40) feet in height.

2.

Ground mounted satellite dish antennas up to and including ten (10) feet in diameter and twelve (12) feet in height.

3.

Roof mounted Satellite Dish Antennas that are not visible from a public right-of-way.

4.

Roof mounted Satellite Dish Antennas located in commercial areas and screened from public view.

5.

Ground mounted Radio/Television Broadcast Antenna towers up to forty (40) feet in height.

B.

Site Plan approval shall be granted by the Planning Commission of the City of Clayton upon adoption of the following findings:

1.

That the applicant has demonstrated that he/she has made every effort by selection of design and equipment and by the location of the antennas to limit the impact on the neighborhood.

2.

That the antenna will be constructed to the rear of the residence or main structure, unless it can be demonstrated that it is less obtrusive elsewhere.

3.

That the antenna must be linked physically or electrically to a receiver located on the same parcel of land on which the antenna is located.

4.

That all structural supports for the antenna will meet or exceed manufacturer's specifications.

5.

That no more than one antenna tower be placed per lot unless additional towers are screened from public rights-of-way and adjacent parcels.

6.

That the placement of the tower meets setback requirements within its respective zone but in no instances closer than ten (10) feet from property lines.

(Ord. 229, 1986; Ord. 375, 2004)

17.42.050 - Use Permit Required.

A.

Conditional use permit review and approval shall be required for the following types of antenna installation.

1.

Ground mounted antenna towers greater than forty (40) feet in height.

2.

Ground mounted satellite dish antenna in excess of ten (10) feet in height.

3.

Roof mounted satellite dish antenna that are visible from a public right-of-way.

B.

The use permit shall be granted by the Planning Commission upon adoption of the following findings:

1.

That the applicant has demonstrated that he has made every effort by selection of design and equipment and by location of the antenna to limit the impact on the neighborhood.

2.

That the antenna will not be constructed to the rear of the residence or main structure unless it can be demonstrated that it is less obtrusive elsewhere.

3.

That the antenna must be linked physically or electronically to a receiver located on the same parcel of land on which the antenna is located.

4.

That all structural supports for the antenna meet or exceed manufacturer's specifications.

5.

That no more than one antenna tower be placed per lot unless additional towers are screened from public right-of-way and adjacent parcels.

6.

That the tower meets setback requirements within the designated zone and a minimum of ten (10) feet from property lines.

(Ord. 229, 1986; Ord. 375, 2004)

Except as hereinafter provided, non-conforming antennas lawfully existing on date of ordinance enactment shall be removed or made to follow the application procedures of this ordinance upon transfer of ownership of property.

(Ord. 229, 1986)

If the permittee is dissatisfied with the decision he may appeal as provided in Sections 17.68.020 and 17.68.030 of this title. Hearing on the appeal shall be scheduled before the City Council and the notice

given the same as provided for in Sections 17.68.020 and 17.68.030 of this title, with the decision of the City Council being final.

(Ord. 229, 1986)

Chapter 17.44 - SITE PLAN REVIEW

Section:

The purpose of the Site Plan Review is to ensure that the design of all new development is compatible with Clayton's character and that the design and location of new development does not impose significant negative impacts on neighboring property owners and/or occupants. To achieve this purpose, the community's character and any specific neighborhood impacts shall be balanced with an owner's right to develop property.

(Ord. 311, 1994; Ord. 325, 1996)

A Site Plan Review Permit shall be required in any zoning District for the design of all new development within the City (new construction, remodeling, additions, etc.) that meets any of the following criteria:

A.

Construction, whether to a single-story or a multi-story single-family residence (enclosed or unenclosed) over sixteen (16) feet in height except for an extension of an existing single-story roofline.

B.

Construction (enclosed or unenclosed) encompassing an area greater than seven hundred fifty (750) square feet;

C.

Construction (enclosed or unenclosed) proposed on a front and/or exterior side elevation measuring over twelve (12) feet in height or encompassing an area of five hundred (500) square feet or greater;

D.

Construction over four (4) feet in height (other than fences) encompassing an area of ten (10) square feet or greater located within the upper two-thirds of a slope which exceeds either:

1.

A grade equal to or greater than 1 foot vertical to four (4) feet horizontal, or

2.

A grade change greater than ten (10) feet;

E.

Any balcony, deck, or other similar structure, whose floor elevation is over four (4) feet in height from the underlying grade encompassing an area of ten (10) square feet or greater;

F.

Retaining walls needing a building permit and observable from public streets and/or sidewalks;

G.

Construction that, in the judgment of the Community Development Director, does not comply with the purpose of this chapter as stated above or with the standards of review as stated herein.

(Ord. 311, 1994; Ord. 325, 1996; Ord. 375, 2004; Ord. 419; Ord. 421, 2009)

Any new development meeting one (1) of the following characteristics shall be exempt from a Site Plan Review Permit. Such exempt development may directly apply for a building permit which is administratively reviewed by staff.

A.

Construction not meeting one (1) of the criteria listed above.

B.

Construction receiving specific design authorization pursuant to an approved:

1.

Development Plan Permit;

2.

Vesting Tentative Map;

3.

Development Agreement.

C.

Type 1 and Type 2 accessory dwelling units and junior accessory dwelling units ministerially approved in accordance with Chapter 17.47; provided, that Type 2 accessory dwelling units shall also require an ADU Permit in accordance with the requirements of Chapter 17.47.

D.

Additions to an existing residence in a single-family residential district or residential planned development district; provided, that the addition complies with all of the development regulations of the zoning district in which the residence is located.

(Ord. 311, 1994; Ord. 325, 1996; Ord. 373, 2004; Ord 499, 2023; Ord. 501, Exh. A, 1-16-2024)

The factors to be reviewed by the Planning Commission (or City Council upon appeal) shall include, but are not limited to:

A.

Conformity with the General Plan and any applicable Specific Plan (e.g. Town Center, Marsh Creek Road).

B.

Conformity with any applicable City adopted architectural and/or design standards (e.g. Oakhurst Country Club, Oakwood Subdivision, Clayton Station).

C.

Preservation of general safety (e.g. seismic, landslide, flooding, fire, traffic).

D.

Maintenance of solar rights to adjacent properties.

E.

The reasonable maintenance of the privacy of adjacent property owners and/or occupants.

F.

The reasonable maintenance of existing views of adjacent property owners and/or occupants.

G.

The new development, taken as a whole, need not be identical, but should be complementary with the adjacent existing structures in terms of materials, colors, size, and bulk.

H.

Design standards for manufactured homes shall be in accordance with Section 17.36.078 of the Municipal Code.

Notwithstanding the foregoing, the Planning Commission (or City Council upon appeal) shall not require, as a condition of approval of the site plan review permit, that the project be reduced to a density below the minimum density specified by the General Plan land use designation of the property. The Planning Commission (or City Council upon appeal) shall also not require that the development meet a standard for lot coverage that is lower than the maximum standard of the zoning district in which the development is

located, nor that the development meet higher standards for minimum setbacks, landscaping, off-street parking, distances between buildings than are specified for the applicable zoning district.

(Ord. 311, 1994; Ord. 325, 1996; Ord. 425, 2009; Ord. 501, Exh. A, 1-16-2024)