Concord Municipal Code Art. I Use Classifications

Use classifications describe one or more uses of land having similar characteristics but do not list every use or activity that may appropriately be within the classification. If a particular land use is identified as an example of one category but exhibits the characteristics of another, the use shall be categorized under the latter.

The planning division shall make the determination as to whether a specific use is included or not included within a classification based on the characteristics of the use. A specific use shall not be deemed to be within a classification whether or not named within the classifications if its characteristics are substantially incompatible with those of the typical uses named within the classification. Any use that cannot be determined to fit the characteristics of a use listed in this chapter is not permitted in any zoning district. [Ord. 18-1 § 1 (Exh. E); Ord. 17-11 § 3 (Exh. 3); Ord. 12-4. DC 2012 § 122-1579].

“Adult day care center” means a state-licensed facility that provides nonmedical care and supervision for dependent adult clients for periods of less than 24 hours for any client.

“Adult-oriented business” means an establishment that (A) operates as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, adult modeling studio; (B) sells or distributes or offers for sale or distribution sexually oriented merchandise or sexually oriented materials; or (C) any other establishment which offers products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas.

This classification does not include uses or activities whose regulation is preempted by state law. This classification applies to all establishments that provide materials, products, merchandise, services, entertainment, or performances characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas when one or more of the following conditions exist:

A. The area devoted to adult merchandise and/or sexually oriented material exceeds more than 20 percent of the total display or floor space area open to the public.

B. The establishment presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical areas.

C. The business consists of or involves the sale, trade, display, or presentation of services, products, or entertainment characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

“Airport” means a facility for aircraft take-off and landing with a runway, helipad, or water surface which also may include support operations, fueling and maintenance facilities, aircraft storage buildings, public terminals, parking, incidental retail sales, and food services related to airport operations.

“Ambulance service” means a base facility where emergency vehicles are stored until dispatched, and/or a facility, other than a hospital or fire department, where ambulance vehicles and crews stand by for emergency calls. This classification may include residential accommodations for emergency personnel.

Animal Services.

“Boarding, kennel” means a commercial establishment that provides overnight boarding for household pets as a paid service and/or breeding services. This classification does not include animal hospitals that provide 24-hour accommodations for animals receiving medical services. (See also “Hospital, veterinary clinic” under “Animal Services.”)

“Dog day care, dog training” means a commercial establishment that provides less than 24-hour keeping, boarding, or training for household pets as a paid service. This classification does not include facilities that provide overnight accommodations.

“Grooming” means a commercial establishment that provides household pet grooming services with no boarding services.

“Hospital, veterinary clinic” means office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. (See also “Boarding, kennel” under “Animal Services.”)

Antennas. (See “Wireless Communications Facility.”)

“Antique, collectible stores” means a retail establishment that sells antiques, curios, gifts and souvenirs, and collectible items including sports cards and comic books. This classification does not include stores selling other types of secondhand items, including clothing, household items, or furniture, including consignment stores or pawn shops. (See “Restricted” under “Retail Sales.”)

Artisan/Custom Product. (See under “Manufacturing, processing.”)

Automobile Sales and Rental/Leasing.

“Auction” means a facility that sells new or used automobiles and other vehicles through a bidding process.

“Brokers” means an establishment engaged in arranging, negotiating, and assisting in the sale of new or used vehicles (not owned by the broker) by acting as an agent of the buyer, seller, or both, including the following:

A. “Office only” means automobile brokers operating within an enclosed office building with no vehicle display area.

B. “Office with vehicle display” means automobile brokers operating within an enclosed office building with an indoor or outdoor vehicle display area.

“Dealership” means an establishment that sells or leases automobiles, motorcycles, trucks for personal use, and vans.

A. “New” means sales or leasing of new automobiles and trucks by new car dealers, including previously owned automobiles, and sales of parts and accessories, storage, and incidental maintenance and repair.

B. “Used” means sales or leasing of previously owned automobiles and trucks by car dealers not affiliated with new car manufacturers.

C. “Motorcycles” means sales of new or previously owned motorcycles or similar vehicles such as motor scooters, mini-bikes, and all-terrain vehicles including repair and sales of parts and accessories as an incidental use.

“Rental” means a facility that rents automobiles, trucks and other passenger vehicles used primarily for personal or business travel. U-haul rentals, large commercial trucks and related vehicles are listed elsewhere under the classification “vehicle and equipment facilities.”

Automobile Services and Repair.

“Car wash, attended” means a commercial facility for washing cars where a service attendant washes the vehicle using on-site equipment or the car operator drives through an automated car washing and drying facility. An owner or his representative is on location to participate in the operation of the facility.

“Car wash, unattended” means a commercial facility where the car operator uses water hoses, soap dispensers, drying and other on-site equipment to wash the vehicle with no facility owner or representative present during the washing. For example, the customer feeds coins into a machine in order to operate the hoses and drying vacuums for a set period of time.

“Gas station” means a commercial facility that sells gasoline and/or diesel fuel for the on-site fueling of individual vehicles and may include a small mini-mart, minor maintenance/repair facilities and services, and unattended car wash as incidental uses. This classification does not include vehicle or truck rentals such as U-haul rentals or fleet services. (See “Vehicle and Equipment Facilities.”)

“Maintenance services” means an establishment that provides maintenance services as opposed to repair while customers wait, such as oil changes, tune-ups, smog checks, tire sales and installation, auto radio/electronics installation, auto air conditioning/heater service, and the sale of related parts and accessories. There is no overnight storage and most work is performed within a building or under covered bays.

“Major repair/body work” means an establishment that provides major repair that may require vehicles to be stored on an overnight basis such as body and fender work, vehicle painting, transmission shops, exhaust and suspension systems, engine overhauls involving the removal of engine blocks, painting and undercoating, glass replacement, upholstery and convertible top service, radiator, transmission, and wheel and axle repair. This classification does not include vehicle dismantling or salvaging and tire retreading or recapping.

“Minor repair” means an establishment that provides repair, service, alteration, restoration, painting, cleaning, or maintenance of automobiles, light-duty trucks, motorcycles, including the sale, installation, and servicing of parts, where repairs are made or service provided in enclosed bays. Activities could include auto detail or brake and muffler work.

This classification does not include automobile repair when incidental to a new car dealership (see “Dealership” under “Automobile Sales and Rental/Leasing”), and dismantling and salvage yards (see “Automobile wrecking, dismantling yard”), or repair of heavy trucks, construction vehicles, motor homes, and recreational vehicles (see “Heavy vehicle and large equipment, sales/rental, service, and repair” under “Vehicle and Equipment Facilities”).

“Automobile wrecking, dismantling yard” means an establishment primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, or the storage of, sale or dumping of, dismantled, partly dismantled, obsolete or wrecked vehicles or their parts and the incidental wholesale or retail sales of parts from those vehicles. This classification does not include recycling processing facilities. (See “Processing facility” under “Recycling Facilities.”)

Banks and Financial Services.

“Bank, credit union” means a financial institution that provides retail banking services. Examples include institutions engaged in the on-site circulation of money, including credit unions. This classification does not include check cashing businesses.

“Bank with drive-through service” means a facility where banking services may be obtained by motorists without leaving their vehicles.

“Check cashing business” means an establishment that provides compensation for checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes establishments offering deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in California Civil Code Section 1789.33.

This classification does not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies and retail sellers that cash checks or issue money orders incidental to the main business.

“Bed and breakfast inn” means a residential facility with one or more bedrooms, rented for overnight lodging, where meals may be provided from a single kitchen for lodgers and residents only.

“Building materials sales and services” means an indoor or outdoor establishment selling building and landscaping materials such as cabinetry, fixtures, flooring, glass, lumber, paint, wallpaper, electrical and HVAC equipment, plants and landscaping materials including rock, stone, and masonry products to the general public. Establishments may include stores with indoor service areas and showrooms. Does not include large format retail home stores in buildings over 80,000 square feet (see “Big box” under “Retail Sales”), nor show room stores with contractor sales and assembly, which are classified as “Warehouse show room with assembly and sales” under “Manufacturing, processing.”

With Outdoor Storage.

“Business support services” means an establishment that provides goods and services primarily to other businesses. Examples include:

A. Graphics, and advertising services.

B. Bookkeeping.

C. Computer-related services.

D. Copying and blueprint services.

E. Office equipment rental and leasing.

F. Publishing services.

G. Secretarial, word processing and temporary clerical services.

This classification does not include professional, executive, or management services. (See “Professional” under “Offices.”)

Cannabis Uses. Commercial cannabis land uses are only allowed after approval of a corresponding city cannabis license. See Chapter 5.80 CMC.

Commercial Cultivation. See CMC 5.80.020.

Distribution (Type 11). See “Distributor (Type 11)” in CMC 5.80.020.

Distribution Transport Only (Type 13). See “Distributor transport only (Type 13)” in CMC 5.80.020.

Indoor Personal Cannabis Cultivation. See CMC 5.80.020.

Industrial Hemp Cultivation. See CMC 5.80.020.

Manufacturing. See “Manufacturer” in CMC 5.80.020.

Microbusiness. See CMC 5.80.020.

Non-Storefront Retail. See “Non-storefront retailer” in CMC 5.80.020.

Storefront Retail. See “Storefront retailer” in CMC 5.80.020.

Testing Laboratory. See CMC 5.80.020.

“Catering service” means a business that prepares food for consumption on the premises of a client or at any other location separate from where the food was prepared.

“Cemetery, columbarium, mausoleum” means an establishment that provides land or structures for the burial of the deceased and/or their cremated remains. This classification excludes crematoriums and mortuaries. (See “Funeral parlor, mortuary.”)

“Child day care” means facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours. These facilities, all of which are required to be licensed by the California State Department of Social Services, include the following:

“Family day care home,” as defined by Health and Safety Code Section 1596.78, means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home (see CDC 18.20.030, Definitions, for facility types).

“Nursery school, preschool, childcare” means commercial or nonprofit child day care facility designed and approved to accommodate 15 or more children. Examples include nursery schools, preschools, and day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

“Community garden” means a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family. The intention is for persons residing within a geographic subarea of the city or who share some other common, unifying identity to participate in garden activities and to own the resulting ornamental plants, flowers and produce.

“Companion animal, horses, fowl” means animals included in this group reside within pens, corrals, and other small enclosures in accordance with Chapter 6.10 CMC (Keeping Noncommercial Animals). These animals serve primarily as pets/companions, such as a horse, and/or for residential household, noncommercial agricultural purposes. This classification does not include cattle and other grazing animals employed by open space agencies for fire suppression and other land management purposes (see “Livestock, grazing”).

“Conference, convention facility” means a facility with one or more structures accommodating multiple assembly, meeting, and/or exhibit rooms, and related support facilities (e.g., kitchens, offices, etc.).

Contractors, Special Trade.

“Cabinet shop” means a facility that provides indoor and outdoor carpentry workspace, as well as areas where finished products are sold.

“Contractor office, no outdoor storage” means a facility with offices operated by, and/or on behalf of, a licensed construction or landscape contractor. It may include indoor working or storage space for the storage of materials, equipment, vehicles, and other materials commonly used in the individual contractor’s type of business including repair and maintenance of the equipment and vehicles, and related buildings or structures for such use. The facility does not include outdoor working or storage space.

“Contractor yard, with outdoor storage” means a facility that provides outdoor storage facilities operated by, and/or on behalf of, a licensed construction or landscape contractor for the storage of materials, equipment, vehicles, and other materials commonly used in the individual contractor’s type of business including repair and maintenance of the equipment and vehicles, and related buildings or structures for such use. The facility may include an office and other indoor working or storage space.

“Crop production, orchard, vineyard” means an agricultural facility for production including preparation, production, and harvesting activities. Examples include field crops, flowers and seeds, fruits and vegetables, grapes, ornamental crops, and vineyards. This classification also includes associated crop preparation services and harvesting activities such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, not including produce stands. This classification does not include wholesale or retail nurseries. (See “Nursery, garden center” under “Retail Sales.”)

“Cultural institution” means a public or quasi-public facility that provides displays, entertainment, display of art or science objects, including performing arts centers for theater, dance, and events, museums, historical sites and exhibits, art galleries, and botanical gardens and may include retail uses such as a gift shop, bookshop, or restaurant.

“Dwelling, dwelling units, housing units” means a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities but not more than one kitchen, and constitutes an independent housekeeping unit occupied by or intended for one household on a long-term basis, including the following:

“Accessory dwelling unit” means an attached, interior or detached dwelling unit which shall provide complete independent living facilities for one or more persons, is located on the same lot with a proposed or existing single-family principal dwelling or multifamily principal dwelling, and includes permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes an efficiency unit and a manufactured home, defined below.

“Duplex” means a single building on a lot that contains two dwelling units, each designed for occupancy by one household.

“Efficiency unit” is a small attached or detached accessory dwelling unit, with a maximum floor area of 150 square feet and which includes an efficiency kitchen and bathroom facilities, as specified by this title per the California Health and Safety Code Section 17958.1.

“Junior accessory dwelling unit” is a type of accessory dwelling unit which has a maximum floor area of 500 square feet in size and is contained entirely within an existing single-family residence and may include separate sanitation facilities or share sanitation facilities with the existing residence. Junior accessory dwelling units must be constructed within existing walls of the principal dwelling and must include an existing bedroom and an efficiency kitchen.

“Manufactured home” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or when erected on site is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. “Manufactured home” includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the Manufacturing Housing Construction and Safety Act of 1974.

“Multifamily” means a dwelling unit that is part of a structure containing more than two dwelling units sharing common walls or otherwise attached, including triplexes, fourplexes, flats, townhomes with vertically stacked units, garden apartments, condominiums, cooperatives, and apartments. Units may be entered from the exterior, or from a courtyard or interior hallway.

“Single-family, attached” means a dwelling unit designed or used for the occupancy of one family, located on a single lot, where one wall is attached by a common vertical wall to another single-family dwelling unit on an abutting lot. Single-family attached units shall not have units located one over another, and each unit shall have its own ground floor entrance from the exterior. Examples of single-family attached units include townhomes, row homes, and duets.

“Single-family, detached” means an individual, freestanding, unattached building designed for and occupied exclusively by one family and surrounded by front, side, and rear yards. This classification includes custom or factory-built modular housing units, constructed in compliance with the Uniform Building Code (UBC) and mobile homes/manufactured housing on a permanent foundation.

“Single-family, detached small lot subdivision” means a development of more than one detached single-family unit containing individual lots smaller than 6,000 square feet. Includes single-family detached homes, zero lot line homes, patio homes, courtyard homes, and similar dwellings, but excludes units sharing common vertical walls.

Eating and Drinking Establishments.

“Bar, night club, lounge” means an establishment that serves beer, wine, and distilled spirits on the premises under a Type 48 License (On-Sale General for Public Premises) issued in accordance with applicable California Department of Alcoholic Beverage Control regulations. The establishment may include live entertainment approved under a separate entertainment permit from the police department.

“Micro-brewery/micro-distillery” means a facility for the production and packaging of alcoholic beverages for distribution, retail, or wholesale, on or off premises and which meets all applicable California Department of Alcoholic Beverage Control regulations. Outdoor eating areas shall be permitted as an accessory use to a micro-brewery/micro-distillery consistent with CDC 18.200.190, Sidewalk cafes and outdoor eating areas.

“Restaurant, full service” means a restaurant that prepares food, may include alcoholic drinks, and serves seated customers who select food from a menu. Take-out service is optional and may not be available.

“Restaurant, limited service” means an establishment that prepares food or sells packaged food for on-site consumption, take-out, or delivery. Typically customers self-serve or are served partially. This classification includes cafeterias, delicatessens, fast-food restaurants, sandwich shops, pizza parlors, snack bars, take-out restaurants, and catering businesses or bakeries that have a storefront restaurant component.

“Restaurant with drive-through” means a restaurant where food or coffee type beverages may be purchased by motorists who remain in their vehicles during the sales transaction.

“Restaurant with live entertainment” means a full service or limited service restaurant that also provides live music, a disc jockey, karaoke, dancing to live or recorded music, and/or comedy or theatrical performances to patrons. This classification does not include coin-operated music player machines, i.e., jukeboxes, or other recorded music.

“Tasting room” means a facility allowing on-site tasting of alcoholic beverages and retail sales directly to the public and possessing the appropriate California Department of Alcoholic Beverage Control license type. The tasting room may be operated within a micro-brewery/micro-distillery facility, accessory to a separate on-site use, or as a stand-alone retail use. Outdoor eating areas shall be permitted as an accessory use to a tasting room consistent with CDC 18.200.190, Sidewalk cafes and outdoor eating areas.

Emergency, Homeless Shelter.

“Emergency shelter” or “homeless shelter” shall have the same meaning as defined in California Health and Safety Code Section 50801. This includes, but is not limited to, facilities that provide temporary housing, meals, showers, and other related services to persons who are homeless and where on-site supervision is provided whenever the shelter is occupied, operated by a public or nonprofit agency. Specialized programs and services related to the needs of the residents may also be provided. This classification shall include other interim interventions, including, but not limited to, low barrier navigation centers as defined below, bridge housing, and respite or recuperative care; provided, that the maximum length of stay and services for such interventions shall be determined by the project’s funding source. This classification does not include emergency shelters set up for disaster relief which are allowed in any zoning district or group homes that provide accommodations for a longer term. (See “Group housing” under “Residential Facility.”)

“Low barrier navigation center” has the same meaning as defined in California Government Code Section 65660.

“Farmers’ market” means an occasional or periodic market, generally held outdoors, offering fresh agricultural produce, fresh flowers, and other products including bakery goods, dairy, as well as prepared food and beverages, that are sold from temporary stands. The agricultural produce and other products are sold directly to the consumer, often from the same individuals who raised or prepared the vegetables, fruit, and other items.

“Fitness facility, health club” means a large scale fitness center, health, or athletic club with activities and facilities such as fitness centers, fitness classes, gymnasiums, indoor and outdoor sport courts, spa facilities, swimming pools, and other member facilities and services. This classification may include limited retail sales and restaurant facilities. This classification does not include adult entertainment businesses.

“Fleet-based service” means an establishment that provides transportation services, delivery services, medical transport, and similar businesses with fleets of three or more vehicles and may include dispatch, maintenance and repair services within an enclosed building. Examples include parking, dispatch, and offices for taxicab and limousine operations, equipment service centers, delivery services, and similar businesses. This classification does not include ambulance services (see “Ambulance service”) or towing operations (see under “Vehicle and Equipment Facilities”).

Food, Beverage Sales.

“Convenience store” means a neighborhood serving establishment that sells a range of food and merchandise oriented to daily convenience shopping needs such as limited groceries, prepackaged food, tobacco products, nonalcoholic beverages, and other household goods for off-site consumption. A convenience store may be part of a service station or an independent land use and may typically have late hours or 24-hour operation.

“Convenience store with alcohol sales” means a convenience store that sells beer and wine but not distilled spirits (see “Liquor store”). A convenience store with alcohol sales may be part of a service station or an independent land use with store hours established by use permit.

“Grocery store” means a retail establishment where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store. This classification includes retail chains that carry a full range of food and household products and have more than one location. This also includes retail bakeries where any on-site baking is only for on-site sales. This classification does not include large-scale grocery stores that are combined with a retail store.

“Liquor store” means a retail establishment that sells packaged alcoholic beverages including beer, wine, and distilled spirits and typically have late hours past 10:00 p.m. Liquor stores may also sell packaged food and convenience items but are distinguished from convenience stores, wine shops, and other alcohol retailers that do not sell distilled spirits or have hours of operation similar to retail department stores (see “Convenience store with alcohol sales” and “General retail”).

“Freight and truck terminal” means a facility that provides for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services. (See “Fleet-based service.”)

“Funeral parlor, mortuary” means an establishment that provides services involving the care, preparation, or disposition of the human dead and conducting memorial services. Examples include a crematory, columbarium, mausoleum, or mortuary. When a cemetery, mausoleum, or columbarium provides mortuary services on the premises, the facility is included in this classification.

“Government office” means a facility that provides administrative, clerical, or public contact and/or service offices of a local, state, or federal government agency or service facility. Examples include city halls, post offices, and police substations with incidental storage and maintenance of vehicles. This classification does not include facilities such as corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services, and storage facilities for vehicles and equipment. (See “Public maintenance and service facility.”)

Group Housing. (See under “Residential Facility.”)

Heavy Vehicle and Large Equipment, Sales/Rental, Service, and Repair. (See under “Vehicle and Equipment Facilities.”)

“Heliport” means a facility for helicopter take-off and landings with one or more helipads, which may also include limited facilities such as fueling facilities, lighting, and storage hangars.

“Home-based business” means a business enterprise conducted within a dwelling unit, which is incidental to the principal residential use and the criteria in CDC 18.200.100 (Home-based businesses).

“Hotel” or “motel” means a facility that provides guest rooms or suites, with or without kitchen facilities, rented to the public for transient lodging. These facilities typically include a variety of services in addition to lodging, such as restaurants, meeting facilities, spas or other personal services, and accessory guest facilities including swimming pools, sport courts, exercise facilities, and accessory retail sales. This classification does not include rooming houses, boardinghouses, or private residential clubs (see “Group housing” under “Residential Facility,” and “Bed and breakfast inn”).

“Laboratory, research, and development” means an establishment that performs laboratory work and/or conducts research, development, and controlled production of high-technology electronics, biotechnology, industrial or scientific products or commodities. Laboratory tasks include testing, analysis, medical, dental, or optical laboratory services, and photographic development services. Other typical tasks include limited manufacturing, fabricating, processing, assembly or storage of prototypes, devices, compounds, products or materials, or similar related activities, where such activities are incidental to research, development or evaluation. All activities in this classification occur within a building. This classification may include uses that produce noise, vibrations, illumination, or particulate matter that is perceptible to adjacent land uses, but not offensive or obnoxious.

“Library” means a public or quasi-public facility that provides books, periodicals, newspapers, music tapes, computers, and other materials for reading, viewing, listening, study, reference, or lending.

“Live/work unit” means an integrated housing unit and working space occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activities, including complete kitchen and sanitary facilities and working space reserved for and regularly used by one or more occupants of the unit.

“Livestock, grazing” means cattle, sheep, goats or other animals not kept in a corral or other small enclosed area whose primary use is to graze grasslands. This classification does not include animals kept as pets or employed for recreational riding (see “Companion animal, horses, fowl”).

Maintenance Services.

“Office with no outdoor storage/activities” means a base facility for various businesses that provide services on the premises of their clients, including building maintenance, gardening, janitorial, landscaping, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, HVAC, instrument, plumbing, security systems, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When the service is operated from a retail establishment that sells the products being maintained or repaired, they are considered part of the retail use.

“Office with outdoor storage/activities” means a maintenance service facility with outside areas for storing vehicles and equipment during nonbusiness hours and/or for performing activities preparatory to providing the service at the client’s site.

“Manufacturing, processing” means an establishment engaged in the on-site production and manufacture of finished parts, goods, or products. This classification includes processing, fabrication, assembly, treatment, packaging, and incidental sales, storage, and distribution of such products, but excludes vehicle and heavy equipment sales and services.

“Artisan/custom product” means an establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery, and other ceramics, as well as small glass and metal art and craft products, where any retail sales are incidental to the manufacturing activity.

“Industry, heavy” means an establishment engaged in the manufacture of products, primarily from extracted or raw materials, or bulk storage, and handling of such products. This classification includes uses that involve a high incidence of truck traffic, unscreened outdoor operations and equipment, and outdoor storage of products, materials, equipment, or bulk fuel. This classification includes uses that typically generate noise, odor, vibration, illumination, or particulate matter that may be offensive or obnoxious to adjacent land use.

“Warehouse show room with assembly and sales” means an establishment that displays in show rooms cabinetry, fixtures, flooring and other custom-made products for sale. Display and sales are the primary use of the facility, although products may be assembled or repaired on site within an enclosed area.

“With no outdoor storage/activities” means a manufacturing and processing facility with all activities and storage kept completely within an enclosed building. This classification does not include uses that produce noise, odor, vibration, illumination, hazardous waste materials, particulate matter, or other significant impacts to adjacent land uses.

“With outdoor storage/activities” means this classification allows outdoor storage, outdoor activities and parking of company vehicles, when screened by a solid masonry wall. This classification may include uses that produce noise, odor, vibration, illumination, or particulate matter perceptible to adjacent land uses, but that are not offensive or obnoxious.

“Media production facility” means a facility that provides indoor commercial and public communication uses, as well as outdoor sets, backlots, and other outdoor facilities for motion picture, television, video, sound, computer, and other communications media production. Indoor communication uses would include radio and television broadcasting, receiving stations and studios with facilities entirely within buildings. This classification does not include exterior-mounted antennas and transmission towers (see “Utility facility, transmission towers”) or transmission and receiving apparatus, antennas and towers (see “Wireless communications facility”).

Medical.

“Hospital, medical center” means hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds for overnight stays, emergency services, and equipment and facilities to provide complete health care. These facilities may also include accessory uses such as on-site clinics, laboratories, emergency heliports, nursing facilities, extended care facilities, physical therapy, gift shops, retail pharmacies, cafeterias or restaurants, and related uses operated primarily for the benefit of patients, staff, and visitors and on-site ambulance dispatch facilities.

“Medical services facility” means a facility, other than a hospital, where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical services facility use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services by doctors, dentists, chiropractors, counselors, physical therapists, respiratory therapists, acupuncturists, psychiatrists, psychologists, and similar practitioners of medical and healing arts for humans licensed for such practice by the state of California. This classification does not include counseling services and other services provided by nonmedical or health professionals (see “Offices, Professional” or “Social service facility”), massage therapy (see “Personal Services, General” or “Personal Services, Restricted”), and cannabis-related uses (see “Cannabis Uses”).

“Nursing facility/extended care” means state-licensed residential facilities that provide 24-hour nursing and health-related care as a primary use with inpatient beds. Examples include board and care homes, convalescent hospitals, rest homes, extended care facilities, and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under residential care facility.

“Urgent care facility” means a state-licensed facility other than a hospital that provides medical care services and treatment on an outpatient basis, with an emphasis on minor emergency care. These facilities may also include incidental medical laboratories. This classification does not include private medical and dental offices.

“Meeting facility, public/private” means a facility for public or private meetings, including community centers, religious assembly facilities (e.g., churches, mosques, synagogues) civic and private auditoriums, Grange halls, union halls, meeting halls for clubs, lodges and other membership organizations. Also includes functionally related internal facilities such as kitchens, multi-purpose rooms, and storage. Does not include conference and meeting rooms accessory and incidental to another primary use that are typically used only by on-site employees and clients, and occupy less floor area on the site than the offices they support (see “Offices”). Does not include sports or other commercial entertainment facilities (see “Cultural institution”; “Theater, auditorium”; and “Sports and entertainment, assembly” under “Recreational Facilities”).

“Military” means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the United States Department of Defense, including military housing.

“Mining, quarrying” means an establishment that provides the extraction of nonmetallic minerals, including dredging and sand and gravel pit operations. Examples include surface mining operations as defined by the Public Resources Code of the state of California.

“Mixed-use project” means a project that provides for two or more different primary uses, such as but not limited to residential, office, retail, or public, to be developed in one building or on one relatively small, compact property.

“Mobile home park” means an establishment that provides mobile home housing in a planned development with common area amenities. Spaces for mobile homes may be rented, leased, or owned through a subdivision, cooperative, condominium, or other form of resident ownership.

Nursery School, Preschool, Childcare. (See under “Child day care.”)

Offices.

“Administrative, information processing” means an establishment that provides information processing, computer-dependent, and telecommunications-based activities, typically characterized by high employment densities. Examples include:

A. Airline, lodging chain, and rental car company reservation centers (no vehicle storage).

B. Computer software and hardware.

C. Design and development.

D. Consumer credit reporting.

E. Data processing services.

F. Health management organization (HMO) offices where no medical services are provided.

G. Insurance claim processing.

H. Mail order and electronic commerce transaction processing.

I. Wireless communications facility design and management.

J. Telemarketing.

“Professional” means an establishment that provides professional, executive, or management services. Examples include:

A. Accounting, auditing, bookkeeping, financial management and investment services, and tax preparation.

B. Advertising agencies, commercial art and design services.

C. Design professionals, architects, engineers, landscape architects, urban planners.

D. Educational, scientific and research organizations.

E. Employment agencies.

F. Legal offices.

G. Management and public relations services.

H. Nonmedical counseling services. Examples include, but are not limited to, career or life coaching, financial consulting.

I. Real estate offices.

This classification does not include dispatch offices or offices for service-oriented businesses that have company vehicles or require storage of materials or equipment. (See “Fleet-based service.”)

“Parking facility” means public or commercial surface parking lots and/or parking structures operated by the city or a private entity that provide parking to the public for a fee or for employees and visitors of an adjacent establishment.

Pawn Shops. (See “Restricted” under “Retail Sales.”)

Personal Services.

A. General. An establishment that provides recurrently needed nonmedical services of a personal nature, which may involve the retail sales of products related to the services provided. This classification applies to establishments with a primary focus of household and consumer product repair, as opposed to a retail sales establishment that offers service and repair of their merchandise as an ancillary use. (See “General” under “Retail Sales.”) Examples include:

1. Barber and beauty shops.

2. Clothing rental.

3. Day spas.

4. Dry cleaning pick-up stores with limited equipment (excludes central dry cleaning plants).

5. Computer, home electronics and small appliance repair.

6. Laundromats (self-service laundries).

7. Massage therapy.

8. Portrait photography.

9. Shoe repair shops.

10. Tailors and seamstresses.

11. Tanning salons.

12. Travel agencies.

B. Improvement or Instructional. An establishment that provides instructional services or facilities for personal improvement including fine arts, crafts, dance or music studios, exercise or fitness studios, learning centers, driving schools, photography, diet center, and martial arts. This classification does not include vocational training.

C. Restricted. An establishment that provides personal services that tend to have a negative economic impact upon surrounding areas and may need to be dispersed to minimize their adverse impacts. Examples include:

1. Bail bonds.

2. Fortune tellers.

3. Massage parlors.

4. Palm and card readers.

5. Pawn shops.

6. Psychic readers.

7. Spas and hot tubs for hourly rental.

8. Tattoo and body piercing services.

“Public maintenance and service facility” means a facility that provides maintenance and repair services for local, state, or federal government agencies or service facilities, including storage of vehicles, equipment, and materials. Examples include corporation yards, equipment service centers, and similar facilities.

Recreational Facilities.

“Bingo hall” means an establishment where the game of bingo is played. Prizes are awarded based on numbers or symbols drawn at random by manual or nonmanual methods in accordance with Chapter 5.20 CMC, Bingo Games. This classification does not include other electronic games.

“Commercial recreation, indoor” means a facility that provides indoor amusement and entertainment services for a fee or admission charge. Examples include:

A. Bowling alleys.

B. Amusement and electronic game arcades.

C. Dance halls and ballrooms.

D. Ice skating and roller skating.

E. Indoor play fields.

F. Parties/play centers for children.

G. Pool and billiard rooms as primary uses.

H. Indoor archery and shooting ranges.

This classification does not include “Adult-oriented business”; “Bar, night club, lounge” under “Eating and Drinking Establishments”; or “Fitness facility, health club.”

“Golf course, country club” means a facility with a golf course and accessory facilities and uses including country clubs, clubhouses with bar and restaurant, exercise and fitness facilities, tennis courts, swimming pools, locker and shower facilities, driving ranges, “pro shops” with retail sales of golfing equipment, and golf cart storage and sales facilities.

“Park and recreation facility” means an outdoor recreation facility that provides a variety of recreational opportunities such as playground equipment, open space areas for passive recreation and picnicking, interpretative facilities and trails, and sport and active recreation facilities. This classification includes related community facilities and accessory commercial facilities that provide visitor services. This classification does not include parks with intensive recreation facilities such as swimming pools, community centers, lighted athletic facilities or multiple playing fields. (See “Sports and entertainment, assembly” under “Recreational Facilities.”)

“Residential recreation facility” means a facility that provides privately owned noncommercial recreation facilities provided for members of project/neighborhood residents. Examples include play fields, tennis courts, skate areas, sport courts, swimming pools, and accessory uses. This classification does not include golf courses and country clubs, health/fitness facilities, indoor recreation and amusement facilities, and sports and recreation facilities.

“Sports and entertainment, assembly” means a facility that provides for large-scale indoor or outdoor spectator-oriented sports or concerts. Additional amenities are customarily associated with this use, such as bars and restaurants, gift shops and video game arcades. Examples include:

A. Amphitheaters.

B. Amusement and theme parks.

C. Race tracks.

D. Stadiums and coliseums.

“Sports and recreation facility” means a public or private facility that provides various outdoor recreational activities. Examples include:

A. Archery and shooting ranges, outdoor.

B. Basketball courts.

C. Batting cages.

D. Bocce ball courts.

E. Equestrian facilities.

F. Fitness training paths and facilities.

G. Golf driving ranges.

H. Lighted or amplified outdoor athletic fields or sport courts.

I. Miniature golf courses.

J. Skateboard parks.

K. Swimming pools.

L. Tennis courts.

M. Waterslides.

This classification includes park facilities that have one or more of the uses within this classification such as swimming pools or lighted sport courts, etc. May also include accessory commercial facilities customarily associated with the above including concessions, bars and restaurants, electronic games, etc.

Recycling Facilities.

“Large collection facility” means a facility that occupies more than 500 square feet and may include permanent structures as well as mobile units, bulk reverse vending machines, and kiosk-type units.

“Processing facility” means a building or enclosed space that includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers. This classification includes both light- and heavy-processing facilities, the former of which is typically less than 45,000 square feet.

“Small collection facility” means a facility that occupies less than 500 square feet and may include a mobile unit, single and bulk reverse vending machines, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials.

“Religious facility” means a facility that provides religious worship and incidental religious education and offices, but not including private schools for primary or secondary education, as defined in this section. Examples include churches, temples, and other facilities used primarily for religious services or activities. See also “Meeting facility, public/private.”

“Repair service, large appliance and equipment” means a service facility that provides various types of repair and maintenance services for large appliances, such as washers and dryers, refrigerators, ovens, stoves, dishwashers, or garden equipment away from the site of the equipment owner.

This classification does not include automobile or vehicle maintenance and repair (see “Automobile Services and Repair”; “Heavy vehicle and large equipment, sales/rental, service, and repair” under “Vehicle and Equipment Facilities”), the repair of small home appliances and electronic equipment (see “General” under “Personal Services”), or maintenance and repair activities that occur on the client’s site (see “Maintenance Services”).

Residential Facility.

“Group housing” means a facility that provides shared living quarters with shared kitchen and bathroom facilities. Examples include rooming and boardinghouses, dormitories, fraternities, sororities, private residential clubs, residential hotels intended for long-term occupancy (30 days or more), single room occupancies (SROs), and transitional housing offering shared living quarters or on-site services.

This classification does not include “Bed and breakfast inn,” “Hotel” or “motel” and “Residential care facility.”

“Residential care facility” means a single-family dwelling unit facility licensed or supervised by a federal or state agency that provides 24-hour nonmedical care, assistance, guidance, counseling, and supervision of unrelated adults or others with special needs.

A. Small. An establishment that provides care for six or fewer persons, excluding the licensee or members of the licensee’s family or persons employed as facility staff.

B. Large. An establishment that provides care for seven or more persons, excluding the licensee or members of the licensee’s family or persons employed as facility staff.

“Residential facility for seniors, assisted living” means a facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services.

Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, with or without kitchen facilities, and common areas and facilities. The residents in these facilities require varying levels of assistance. (See “Group housing” under “Residential Facility” and “Nursing facility/extended care” under “Medical Services.”)

“Supportive housing” shall have the same meaning as defined in California Health and Safety Code Sections 50675.2 and 50675.14 (for projects receiving applicable state funding) or California Government Code Section 65582.

“Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

A. Single-Family. Transitional housing established within a detached or attached building located on an individual lot that is primarily designed for occupancy by one family.

B. Multifamily. Transitional housing established within a structure containing more than one dwelling unit sharing common walls or otherwise attached, including triplexes, fourplexes, flats, townhomes with vertically stacked units, garden apartments, condominiums, cooperatives, and apartments. Units may be entered from the exterior, or from a courtyard or interior hallway.

Retail Sales.

“Big box” means a retail establishment that is over 80,000 square feet.

General. An establishment that sells or rents goods for consumer or household use. Examples include appliances and electronics stores, department stores, office and stationery supplies, bookstores, clothing and apparel, pet stores, specialty food stores selling premade or packaged food for off-site consumption (e.g., candy stores, wine shops), sporting goods, toy stores, and video rental.

This classification includes shopping centers. Services related to the merchandise sold may be permitted as an ancillary use (e.g., photo processing, pet grooming, computer repair). These establishments primarily operate within an enclosed store but may also include permanent and partly enclosed facilities for outdoor display of merchandise when incidental to the main store (e.g., garden centers operated in conjunction with a neighborhood drug store or hardware store).

This classification does not include the sale of used goods such as secondhand stores, used specialty goods store and pawn shops (see “Restricted” under “Retail Sales”), retail sales or rentals of vehicles and equipment (see “Automobile Sales and Rental/Leasing” and “Heavy vehicle and large equipment, sales/rental, service, and repair” under “Vehicle and Equipment Facilities”), and outdoor retail sales (see “Nursery, garden center” under “Retail Sales”), convenience stores, and liquor stores (see under “Food, Beverage Sales”).

“Nursery, garden center” means a retail establishment that incorporates a permanent outdoor sales area such as nurseries or garden centers.

Restricted. A retail store could have a negative economic effect on surrounding retail uses and should be dispersed and properly located to minimize adverse impacts. Examples include:

A. Dollar stores.

B. Firearms stores.

C. Pawn shop.

D. Smoking and related paraphernalia sales.

E. Tobacco or smoke shops.

F. Used specialty goods store.

“With drive-through” means a retail establishment with drive-through facilities.

Schools.

“College, university” means public or private institutions of higher education providing curricula of a general, religious, or professional nature, typically granting recognized degrees or certificates, with associated facilities including conference centers and academic retreats associated with such institutions. This classification does not include business and computer schools, management training, technical and trade schools, and personal instructional services (See “Improvement or instructional” under “Personal Services” and “Trade school, vocational training” under “Schools.”)

“Elementary, middle, secondary” means a public or private academic educational institution offering instruction in courses of study required by the California Education Code and maintained in compliance with standards set by the State Board of Education, including elementary (kindergarten through sixth grade), middle and junior high schools (seventh and eighth grades), secondary and high schools (ninth through twelfth grades). Some of these schools also provide room and board.

“Trade school, vocational training” means private institutions that provide education and/or training, including vocational training in limited subjects. Examples include:

A. Business, secretarial, and vocational.

B. Computers and electronics.

C. Courses by mail.

D. Seminaries/religious ministry training.

Does not include preschools and child day care facilities (see “Child day care”), or smaller-scale facilities offering specialized instruction in arts, ballet, dance, music, languages, and martial arts (see “Improvement or instructional” under “Personal Services”).

“Secondhand sales” means an establishment that sells used or new and previously owned goods including jewelry, camera equipment, sound/viewing equipment and tools (see CMC 5.85.020), often for the purpose of raising funds to benefit religious, educational, hospital or charitable purposes. Goods are generally obtained on consignment, in a trade, and often as a donation.

“Social service facility” means a facility or center providing a variety of social and supportive services on a less-than-overnight basis. Examples of services provided include, but are not limited to, nonmedical counseling, group therapy, meal programs, personal storage lockers, showers, instructional programs, and meeting spaces. This classification does not include licensed day care centers (see “Adult day care center” and “Child day care”) or emergency or homeless shelters providing 24-hour or overnight care (see “Emergency, Homeless Shelter”) and cannabis-related uses (see “Cannabis Uses”).

Storage.

“Hazardous materials” means a facility that provides storage of hazardous materials including but not limited to bottled gas, chemicals, minerals and ores, petroleum or petroleum-base fuels.

“Self-storage facility, mini-storage” means a facility that provides individual storage spaces or compartmentalized stalls or lockers for individual use and is characterized by low parking demand.

Vehicle. (See “Vehicle and Equipment Facilities.”)

“Theater, auditorium” means an indoor facility for public assembly and group entertainment, other than sporting events, including:

A. Civic theaters, and facilities for “live” theater and concerts.

B. Exhibition and convention halls.

C. Motion picture theaters.

D. Public and semi-public auditoriums.

Does not include outdoor theaters, concert and similar entertainment facilities (see “Sports and entertainment, assembly” under “Recreational Facilities”) and indoor and outdoor facilities for sporting events (see “Sports and recreation facility” under “Recreational Facilities”).

Towing Services. (See under “Vehicle and Equipment Facilities.”)

“Utility facility, transmission towers” means a facility that provides a fixed base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply and natural gas distribution. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:

A. Co-generation facilities.

B. Electrical substations and switching stations.

C. Natural gas regulating and distribution facilities.

D. Public water system wells, treatment plants and storage tanks.

E. Telephone switching facilities.

F. Wastewater treatment plants, settling ponds and disposal fields.

This classification does not include offices or customer service centers. (See “Administrative, information processing” under “Offices.”)

Vehicle and Equipment Facilities.

“Heavy vehicle and large equipment, sales/rental, service, and repair” means an establishment that sells/rents and may provide service and repairs to construction, farm or other heavy equipment. This classification does not include autos, trucks and other passenger vehicles used for personal or business travel. (See “Automobile Sales and Rental/Leasing” and also “Automobile Services and Repair” for automobiles, motorcycles and other smaller passenger vehicles.)

A. “Commercial vehicles and equipment” means a facility that sells/rents or services and makes repairs to construction, farm, or other heavy equipment, as well as vehicles for moving or towing property (such as cranes, earthmoving equipment, forklifts, tractors, heavy trucks, cargo trucks, vans, and trailers).

B. “Recreational vehicles” means an establishment that sells, rents and/or leases motor homes, trailers, and boats, including incidental storage, installation of accessories and maintenance. This classification also includes facilities that service or repair recreational vehicles.

“Towing services” means a facility that dispatches tow trucks and provides temporary storage of operative or inoperative vehicles. This classification does not include automobile wrecking or dismantling. (See “Automobile wrecking, dismantling yard.”)

“Vehicle storage” means a facility for the storage of operative cars and other fleet vehicles, trucks, buses, recreational vehicles, and other motor vehicles. Includes facilities for the storage and/or servicing of fleet vehicles.

“Vendor” means a person who sells, offers to sell, barters, exchanges, or displays any type of food, wares, merchandise, or service at any location other than within a building or structure constructed on a permanent foundation which is occupied, rented, leased, or owned by that person. A person engaged in a business conducted from a building or structure constructed on a permanent foundation that involves outdoor display, sale, or storage of the same types of goods or merchandise sold as part of the primary business activity on those premises shall not be considered a vendor under this chapter. Sidewalk cafes regulated by CDC 18.200.190 are not considered to be vendors under this chapter.

“Vendor cart” means a small nonmotorized vehicle equipped with a container(s) for food, wares, or other merchandise, and/or services offered for sale, barter, or exchange also called stationary vendors.

“Vendor motor vehicle,” also termed “roaming vendor,” means a motor vehicle from which food items, wares, or other merchandise and/or services are offered for sale, barter, or exchange. A vendor motor vehicle is any vehicle used for commercial purposes including, but not limited to, travel trailers, recreational vehicles, and vans.

“Warehouse, with no outdoor storage and with outside storage” means facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public (see “Self-storage facility, mini-storage” under “Storage”); warehouse facilities primarily used for wholesaling and distribution (see “Wholesaling, distribution”); or terminal facilities for handling freight (see “Freight and truck terminal”).

“Wholesaling, distribution” means an establishment engaged in buying and selling merchandise to retailers; contractors, industrial, commercial, institution, farm, or professional business users; to other wholesalers or companies. Examples of these establishments include agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers, and associations engaged in the marketing of products, merchant wholesalers stores selling electrical, plumbing, heating, and air conditioning supplies and equipment. Also includes storage, processing, packaging, and shipping facilities for mail order and electronic commerce retail establishments.

Wireless Communications Facility. (See Chapter 18.205 CDC, “Wireless Communication Facilities for New and Substantially Changed Wireless Facilities,” CDC 18.205.020, and Chapter 18.207 CDC, “Wireless Communication Facilities for Eligible Facilities Requests,” CDC 18.207.020.)

“Work/live unit” means a structure designed or structurally modified to accommodate joint work activities and residential occupancy where the residential use of the space is secondary or accessory to the primary use as a place of work. Residential facilities include sleeping quarters, complete kitchen and sanitary facilities reserved for and regularly used by one or more occupants of the unit. (See “Live/work unit.”) [Ord. 24-7 § 7 (Exh. A); Ord. 24-6 § 8 (Exh. A); Ord. 24-5 § 7 (Exh. A); Ord. 21-5 (Exh. B); Ord. 21-2 § 5 (Exh. B); Ord. 20-4 (Exh. B); Ord. 19-5 § 1 (Exh. A); Ord. 18-3 § 7 (Exh. A); Ord. 18-1 § 1 (Exh. E); Ord. 17-13 § 3 (Exh. A); Ord. 17-11 § 3 (Exh. 3); Ord. 17-5 § 2 (Exh. A); Ord. 17-2 § 2 (Exh. C); Ord. 15-8 § 3 (Exh. A); Ord. 14-6 § 12; Ord. 13-5; Ord. 13-1; Ord. 12-5; Ord. 12-4. DC 2012 § 122-1580].