Chapter 82-40 — HOME OCCUPATIONS[[6]]

Sections:

Footnotes:

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Editor's note— Ord. No. 2013-12, § II, adopted April 16, 2013, amended Chapter 82-40 in its entirety to read as herein set out. Former Chapter 82-40, §§ 82-40.002—82-40.010, pertained to large scale retail businesses and derived from Ord. 2003-18, § 2.

The purpose of this chapter is to establish specific standards and procedures to allow home occupations to be conducted in residential neighborhoods without changing the residential character of those neighborhoods. This chapter is intended to provide a mechanism to distinguish between home occupations having a minimal impact and those having the potential for greater impacts on surrounding properties so that home occupations having a minimal impact may be allowed through a ministerial permit process.

(Ord. No. 2013-12, § II, 4-16-13)

For purposes of this chapter, "home occupation" means a business activity that is conducted at a residential dwelling by a person residing in the dwelling and is a secondary and incidental use of the dwelling as a residence.

(Ord. No. 2013-12, § II, 4-16-13)

A home occupation that meets the requirements of this chapter may be located at any legally established residential dwelling unit in any zoning district.

(Ord. No. 2013-12, § II, 4-16-13)

No home occupation may be conducted at a residential dwelling unless a home occupation permit or a land use permit has been issued.

(Ord. No. 2013-12, § II, 4-16-13)

A home occupation must comply with the following standards:

(a)

Use. The home occupation must be incidental and subordinate to the use of the property as a residence.

(b)

Parking. No portion of a home occupation may occupy a required off-street parking space or cause an offstreet parking space to be displaced, except that one required off-street parking space may be occupied by a business-related vehicle.

(c)

Traffic and deliveries. The home occupation may not generate vehicular traffic that exceeds the traffic normally associated with a single-family residential use. Deliveries to the home occupation may not exceed the frequency of deliveries and types of vehicles normally associated with residential neighborhoods. Deliveries to the home occupation may occur only between the hours of eight a.m. and eight p.m.

(d)

Appearance. The residential appearance of the property at which the home occupation is conducted must be maintained, with no exterior indication of a home occupation. Exterior signs advertising the home occupation, window displays, outdoor displays, and other exterior indications of the home occupation may not be used.

(e)

Storage. No equipment, parts, materials, supplies, merchandise, refuse or debris may be stored outdoors. Equipment, parts materials, supplies or merchandise may be stored within a permanent, fully enclosed compartment of a passenger vehicle or truck. No refuse or debris may be stored in any vehicle. No hazardous chemicals may be stored at the site of a home occupation, other than those normally associated with a residential use.

(f)

Nuisances. No noise, odor, dust, fumes, vibration, smoke, electrical interference, or other interference with the residential use of adjacent properties may be created by the home occupation. The home occupation may not result in water, electricity, garbage, sewer, or storm drain usage that exceeds normal residential usage.

(Ord. No. 2013-12, § II, 4-16-13)

An application for a home occupation permit will be ministerially approved only if it complies with the following standards in addition to the standards specified in Section 82-40.010:

(a)

Location. The home occupation must be conducted entirely within one of the following:

(1)

A residential dwelling unit. No more than one room, or twenty percent of the floor area, whichever is greater, may be used for the home occupation.

(2)

An accessory building to a residential dwelling unit, if the accessory building complies with the setback requirements that apply to the principal structure in the zoning district where the accessory building is located.

(b)

Employees. Only the residents of the dwelling unit may be involved in the conduct of the home occupation, except as otherwise provided by state law.

(c)

Clients or customers. No clients or customers are permitted at the site of the home occupation, except for students engaged in individual home instruction. If student visits occur, only one student may be present at one time, no more than six student visits may occur per day, and students may be present only between eight a.m. and six p.m.

(d)

Vehicles. One business-related vehicle, with a rated capacity of up to one ton, is permitted at the site of a home occupation, except that the following types of vehicles are prohibited: limousines, dump trucks, tow trucks, construction vehicles (e.g., front-end loaders, backhoes), trailers (e.g., construction trailers, chipper trailers), construction equipment (e.g., cement mixers, chippers), vehicles with a rated capacity of one ton or more, and similar vehicles.

(Ord. No. 2013-12, § II, 4-16-13)

82-40.014 - Home occupation—Land use permit.

(a)

A land use permit is required for a home occupation if any of the following occur:

(1)

Any portion of the home occupation activity is conducted outdoors.

(2)

The home occupation is conducted within an accessory building that complies with accessory structure setback requirements.

(3)

One or more employees of the home occupation are not residents of the dwelling unit.

(3)

The number of student visits exceeds the amounts specified in subsection (c) of section 82-4.012.

(4)

Two or more business-related vehicles are used or kept at the site of the home occupation.

(b)

No land use permit to allow a home occupation will be issued unless the following findings are made in addition to the findings required by Section 26-2.2008:

(1)

The home occupation complies with the standards specified in Section 82-40.010.

(2)

The home occupation complies with the standards specified in Section 82-40.012 except as otherwise modified by the land use permit. No land use permit that modifies more than one standard specified in Section 82-40.012 will be issued.

(Ord. No. 2013-12, § II, 4-16-13)

Garage sales held at a private residence are exempt from the permit requirements of this chapter, provided that sales occur no more than four times within a twelve-month period at the residence, for a maximum of two days each.

(Ord. No. 2013-12, § II, 4-16-13)

82-40.018 - Fees.

Application, review, and permit fees for home occupations will be in amounts established by the Board of Supervisors in the Department of Conservation and Development's fee schedule.

(Ord. No. 2013-12, § II, 4-16-13)

Chapter 82-44 - TEMPORARY EVENTS

Sections:

Article 82-44.2. General Provisions

82-44.202 - Title.

This chapter is known as the Temporary Events Ordinance of Contra Costa County.

(Ord. 2005-25 § 2).

The purpose of this chapter is to establish procedures for evaluating, permitting, and regulating short-term activities and events that are conducted on private property and generate or invite considerable public participation, invitees, or spectators. Because these land uses are temporary, they have negligible or no permanent effect on the environment, and their potential impact on adjoining properties is either minimal or can be offset by conditions. The procedures authorize the zoning administrator to approve permits for temporary events and to require permit conditions or deny permits when necessary to protect the public. The procedures are necessary to protect and promote the health, safety, and welfare of the public, temporary event participants, and nearby residents. The procedures are intended to minimize the impacts of temporary events on the normal free flow of vehicular and pedestrian traffic, to minimize the impacts of noise from temporary events, to protect the safety of property, and to minimize disturbance and inconvenience to neighbors, neighboring properties and neighborhoods.

(Ord. 2005-25 § 2).

For purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Event" means an occasion on private property organized for a particular and limited purpose and time and is an organized outdoor assemblage that: exceeds seventy-five persons at a venue in a residential zoning district or at a venue in an agricultural zoning district or at a residence in any other zoning district; or exceeds one hundred fifty persons at any other venue or location. "At a residence" means located wholly or in part on a parcel that includes a residence. "Events" include athletic events, arts and crafts shows, garden parties, carnivals, circuses, fairs, festivals, musical concerts and other cultural or live entertainment events, and swap meets. An outdoor assemblage of seventy-five or fewer persons at a venue in a residential zoning district or at a venue in an agricultural district or at a residence in any other zoning district, or one hundred fifty or fewer persons at any other venue or location, is not an "event" for purposes of this chapter.

(b)

"Commercial event" means an event intended to generate financial gain for the sponsors of the event, or to advertise products, goods, or services. An event that requires paid admission or charges for parking or that is open or advertised to the general public or that is held at a venue rented for that purpose is presumed to be a commercial event. An event sponsored by or intended to benefit any organization that is exempt from taxation under Section 501(c)(3) or Section 501(c)(4) of the United States Internal Revenue Code is not a commercial event.

(c)

"Noise level" means the "A" weighed sound pressure level in decibels obtained by using a sound level meter at slow meter response with a reference pressure of twenty micropascals.

(d)

"Outdoor assemblage" means any assemblage that is not wholly contained within the interior of a residence. An "outdoor assemblage" includes any assemblage in an accessory structure, including but not limited to a barn or tent.

(e)

"Parade" means a march or procession of people on any county street or right-of-way that obstructs, delays, or interferes with the normal flow of vehicular traffic, or does not comply with traffic laws or controls.

(f)

"Persons at a venue" means the total of all attendees, invitees, caterers, event monitors, security, and all other persons who are at an event venue.

(g)

"Sound level meter" means an instrument that meets or exceeds American National Standard Institute's Standard S1.4-1971 for Type 2 sound level meters, or an instrument and the associated recording and analyzing equipment that will provide equivalent data.

(h)

"Temporary event" means an event that occurs for up to one day at a residence or in a residential zoning district, or up to three consecutive days at any other location.

(i)

"Venue" means the site, lot, parcel, contiguous lots or parcels under common ownership, location, area, or facility where an event is held or is proposed to be held.

(Ord. No. 2024-07, § II, 3-5-24; Ord. No. 2010-11, § II, 7-13-10; Ord. 2005-25 § 2).

Article 82-44.4. Permits

82-44.402 - Temporary event permit required.

The following uses are allowed in any zoning district only after the issuance of a temporary event permit:

(a)

A temporary event, unless the temporary event is exempt from the requirement to obtain a temporary event permit or a land use permit is required for the event.

(b)

Retail sales of Christmas trees between Thanksgiving and December 26;

(c)

Retail sales of pumpkins between October 1 and October 31.

(Ord. No. 2010-11, § III, 7-13-10; Ord. 2005-25 § 2).

The following activities are exempt from the permit requirements of this chapter:

(a)

An event held on public property, in a public facility, or in a public park, provided all other permits and licenses required by this code or state law are obtained, including encroachment permits, environmental health permits, and state alcoholic beverage control permits.

(b)

An event held in a public right-of-way, including a funeral procession or parade, provided all other permits and licenses required by this code or state law are obtained, including encroachment permits, environmental health permits, and state alcoholic beverage control permits.

(c)

An activity conducted by a governmental agency acting within the scope of its authority.

(d)

Weddings, birthday parties, graduation parties, or other family events held at a private residence, provided that no more than four of these events are held within a twelve-month period. This subsection (d) does not exempt a commercial event from the permit requirements of this chapter.

(e)

An event held at a members-only nonresidential facility where the only participants are members and their guests.

(f)

An event held at a school, provided the event is consistent with the underlying land use entitlement.

(g)

An event held at a religious entity's facility, provided the event is consistent with the underlying land use entitlement.

(h)

A film-making activity for which a filming permit has been obtained in accordance with Chapter 56-8 of this code.

(i)

Car washes for fund raising purposes, provided that the car washes are held on private property other than a residence, are limited to a maximum of two days each month for each sponsoring organization, and are sponsored by an educational, charitable, religious, or nonprofit group.

(j)

Garage sales held at a private residence, provided that sales occur no more than four times within a twelvemonth period per residence, for a maximum of two consecutive days each.

(k)

A real estate open house, where a property is for sale, lease or rent.

(Ord. No. 2024-07, § IV, 3-5-24; Ord. 2005-25 § 2).

(a)

No two events may be held at the same venue with fewer than seven days between events.

(b)

No commercial event may be held in a residential zoning district.

(c)

All events, whether or not a permit is required under this chapter, are subject to the following noise restrictions:

(1)

No event may exceed the noise levels specified in Section 82-44.410.

(2)

Amplified sound by any device is prohibited after 8:00 p.m. Sundays through Thursdays and after 10:00 p.m. Fridays, Saturdays, and holidays.

(Ord. No. 2024-07, § III, 3-5-24; Ord. 2005-25 § 2).

82-44.408 - Application and review.

(a)

Any person, entity, business, or group wishing to hold, sponsor, conduct, operate or maintain a temporary event shall submit a completed temporary event permit application to the department of conservation and development. The application form shall be signed and verified by the applicant, if an individual; a general partner authorized to sign on behalf of a partnership; an officer or director authorized to sign on behalf of a corporation; or a participant authorized to sign on behalf of a joint venture or association. The applicant must be a qualified applicant pursuant to Section 26-2.1604.

(b)

An application is not complete unless it includes all of the following information:

(1)

The name, address, and telephone number of the applicant and an alternate contact person.

(2)

If the event is proposed to be a commercial event, the name, address and telephone number of the organization, and the authorized head of the organization. If the event is sponsored by or intended to benefit a non-profit organization, certification that the organization is exempt from taxation under Section 501(c)(3) or Section 501(c)(4) of the United States Internal Revenue Code. The purpose of this requirement is to ensure that commercial events are not held in residential zoning districts. The name of the non-profit organization is not required to be indicated on the permit application. For a period of ninety days following the event, the applicant must retain records indicating the name of the organization that the event is sponsored by or intended to benefit.

(3)

The name, address and telephone number of the person who will be present and in charge of the event on the day of the event.

(4)

The type of event (e.g., a concert or arts and crafts show).

(5)

Date and estimated starting and ending time of the event, including the time required to prepare and clean up the venue.

(6)

Location of the event, including its street address and assessor's parcel number.

(7)

Estimated number of attendees or participants at the event.

(8)

The type and estimated number of vehicles and structures that will be used at the event, if any.

(9)

Description of any sound amplification equipment that is proposed for use at the event.

(10)

Whether any food will be served or sold at the event and, if applicable, the time and manner in which caterers and catering trucks will be used.

(11)

Whether any beverages, including alcoholic beverages, will be served or sold at the event, and whether any such sales will be wholesale or retail.

(12)

Whether security will be employed at the event.

(13)

Parking, traffic control, and crowd control measures proposed for the event.

(14)

The number and type of events held at the venue in the preceding twenty-four months.

(15)

A site plan showing the size and location of property lines, sidewalks, streets, and improvements on adjacent properties, clearly labeled and drawn to scale.

(16)

The time and acts required to prepare the venue for the event and the time and acts required following the event to clean up and restore the regular use of the property or venue.

(17)

The type and location of on-site restrooms.

(c)

An application must be submitted at least forty-five days before the proposed event. The department of conservation and development will have five calendar days to determine whether an application is complete. If the application is incomplete, the applicant will be notified and will have five days from the date of notification to provide all of the information required for a complete application. The zoning administrator will have ten days after submission of a complete application to decide on the application. The zoning administrator shall approve a complete permit application and issue a permit unless one or more grounds for denial exists.

(d)

No event permit application shall be denied on any grounds except for any of the following:

(1)

Information contained in the application is found to be false in any material detail.

(2)

The applicant fails to timely file the application form or fails to complete and submit the application form within five calendar days after having been notified of the additional information or documents required for a complete application.

(3)

A violation of any term or condition of a temporary event permit previously issued within the preceding twenty-four months to the applicant or for the private property venue.

(4)

Another temporary event permit application has been received prior in time, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion.

(5)

The time, route, characteristics, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion.

(6)

The concentration of persons, animals, or vehicles at the site of the event, or the assembly and disbanding areas around an event, will prevent proper police, fire, or ambulance services to the venue and areas contiguous to the event.

(7)

The location of the event will substantially interfere with a previously granted encroachment permit or with any previously scheduled construction or maintenance work scheduled to take place upon or along county streets.

(8)

The proposed event is not allowed under the terms of a previously issued county land use permit.

(9)

A temporary event permit previously issued within the preceding twenty-four months to the applicant or for the specific private property venue was revoked.

(10)

Failure to pay an outstanding fine owed for an event previously held at the venue or owed by the applicant for any event held at any location.

(11)

When the grounds for denial of an application for permit specified in subsections (4) through (7), above, can be mitigated by altering the date, time, duration, size, route, or location of the event, the zoning administrator shall conditionally approve the application upon the applicant's acceptance of conditions for permit issuance instead of denying the application. If the grounds for denial cannot be mitigated by imposing conditions, the permit will be denied.

(e)

If the zoning administrator issues a permit, notice of the permit issuance and permit conditions will be mailed to all properties within three hundred feet of the event venue.

(f)

The zoning administrator's decision on the issuance of a permit may be appealed to the conservation and development director. The applicant may appeal the denial of a permit and may appeal any conditions imposed on a permit. Any person affected by any time, place, or manner conditions imposed on a permit may appeal only the permit conditions. Any person other than the applicant who appeals any time, place, or manner conditions must specify which conditions are being appealed. An appeal must be in writing, must be filed within five days of the zoning administrator's decision on the permit, and must include an

appeal fee. An appeal hearing will be scheduled before the conservation and development director. The director's decision will be made at least ten days before the date of the proposed event. The director's decision following an appeal hearing is final for purposes of exhaustion of administrative remedies.

(g)

An application may be submitted less than forty-five days before the proposed event if the proposed event is a response to a current occurrence whose timing did not allow the applicant to file a timely application. An application submitted under this section must specify the date of the occurrence to which the proposed event is responding. If a complete application is filed less than forty-five days before the proposed event, the zoning administrator shall issue a decision as soon as reasonably practicable. Any appeal must be filed within three days of the zoning administrator's decision. The conservation and development director's decision on the appeal will be made at least five days before the date of the proposed event.

(h)

Exemption.

(1)

No temporary event permit is required for an event held at a venue in a residential zoning district if:

(A)

Three or fewer events are held at the venue within a twelve-month period; and

(B)

For properties forty thousand square feet or greater in size, two hundred or fewer total people will be present at the event; and

(C)

For properties less than forty thousand square feet in size, one hundred twenty-five or fewer total people total will be present at the event.

(2)

An event at a residence that is exempt under this subsection (h) from the requirement to obtain a temporary event permit must comply with the following standards and requirements:

(A)

The sound levels at the event cannot exceed the levels specified in subsection (b)(1) of section 82-44.410.

(B)

On-site restrooms must be provided at the event.

(C)

Dedicated remote parking for the event sufficient to accommodate attendees must be available if the adjacent streets do not have a graded or paved eight-foot-wide should for parking, and if parking for all attendees is unable to occur on-site.

(D)

At least ten days before the event, the property owner must inform the department of conservation and development in writing of the time, date, and location of the event.

(E)

At least ten days before the event, the property owner must send a notice to all property occupants within two hundred feet of the event venue of the time, date, and location of the event.

(3)

The exemption under this subsection (h) does not apply if:

(A)

Four or more events are held at a venue in a residential district in a twelve-month period.

(B)

One of the standards or requirements specified in subsection (h)(2) was violated at a previous event within the previous twelve months.

(C)

More than two hundred people will be at an event in a residential district if the property is forty thousand square feet or more in size.

(D)

More than one hundred twenty-five people will be at an event in a residential district if the property is less than forty thousand square feet in size.

(Ord. No. 2024-07, § V, 3-5-24; Ord. No. 2010-11, § IV, 7-13-10; Ord. 2005-25 § 2).

(a)

The zoning administrator may condition the issuance of a temporary events permit by imposing any of the following requirements concerning the time, place, and manner of the event. The zoning administrator may consult with public works, fire, and law enforcement officials and may impose time, place, and manner conditions that are requested by those officials, provided the requested conditions are among the conditions specified below. No conditions other than those specified below may be placed on a permit. Conditions may not restrict expressive activity or the content of speech.

(1)

Alteration of the date, time, route or location of the event proposed on the application.

(2)

Conditions concerning accommodation of pedestrian or vehicular traffic.

(3)

Conditions concerning parking, including, but not limited to, requirements for the use of shuttles from parking areas to the venue.

(4)

Conditions concerning traffic control, including, but not limited to, requirements for the use of traffic cones or barricades.

(5)

Requirements for provision of on-site restrooms.

(6)

Requirements for use of security responsible for crowed control, fire watch, general security, and evacuation of occupants.

(7)

Conditions concerning maximum occupancy, based on the size of the venue and for purposes of minimizing impacts on traffic and parking. In imposing conditions concerning maximum occupancy, the zoning administrator may consider the lot size of the event venue, proximity of surrounding residences,

density of the underlying zoning district, and the location and size of any buildings between the venue and surrounding properties.

(8)

Restrictions on the number and type of structures at the event, and inspection and approval of structures.

(9)

Compliance with animal protection ordinances and laws.

(10)

Requirements for use of garbage containers and cleanup.

(11)

Conditions limiting the duration of time and hours of the event (including the time to prepare and clean up the venue) in order to minimize impacts on traffic and parking.

(12)

Time, place, and manner restrictions on the use of amplified sound. The use of amplified sound is prohibited in a residential district unless allowed as a condition of a temporary event permit.

(b)

When a temporary event permit is granted for any event in a residential zoning district or at a residence in any other zoning district, it is granted subject to the following conditions:

(1)

The event shall not generate or emit any noise or sound that exceeds any of the levels specified in the table below measured at the exterior of any dwelling unit located on another residential property. The noise generated or emitted shall not exceed the levels specified in the table for the duration of time specified in the table. Exterior noise levels shall be measured with a sound level meter. The permit shall incorporate the applicable "allowable exterior noise levels" specified in the table into the permit conditions only for the duration of time allowed for the event by the permit. For example, if the permit provides that an event shall end by seven p.m., the "allowable exterior noise levels" allowed between nine a.m. and eight p.m. shall be incorporated into the conditions, but the event must end by seven p.m.

Allowable Exterior Noise Levels

Level not to be 80 dBA exceeded at any time

75 dBA

(2)

Amplified sound by any device is prohibited after 8:00 p.m. Sundays through Thursdays and after 10:00 p.m. Fridays, Saturdays, and holidays. A temporary event permit shall not allow the use of amplified sound after these hours.

(Ord. No. 2024-07, § VI, 3-5-24; Ord. No. 2010-11, § V, 7-13-10; Ord. 2005-25 § 2).

A temporary event permit is valid only for one event. A temporary event permit is valid only for the time or times specified in the permit. A temporary event permit lapses if not used within the time or times specified.

(Ord. 2005-25 § 2).

82-44.414 - Other permits and licenses.

(a)

The issuance of a temporary event permit does not relieve anyone from the obligation to obtain any other permit or license required by this code or state law, including, but not limited to, encroachment permits, environmental health permits, and state alcoholic beverage control permits.

(b)

The issuance of any other permit or license does not relieve anyone from the obligation to obtain a temporary event permit pursuant to this chapter.

(Ord. 2005-25 § 2).

(a)

A land use permit is required for an event if any of the following occur:

(1)

Three events that required a temporary event permit, or three events at a venue in a residential zoning district that were exempt from obtaining a permit under subsection (h) of Section 82-44.408, were previously held at a venue within the preceding twelve months.

(2)

Four or more events will be held at a venue in a twelve-month period.

(3)

Three or more events will be held at a venue within a forty-five-day period.

(4)

An event will last more than one day at a venue in a residential zoning district or at a residence in any other zoning district, or will last more than three consecutive days at any other location.

(5)

More than three hundred people will be present at an event at a venue in a residential zoning district or an event at a residence in any other zoning district.

(6)

A temporary event permit previously issued to the applicant or for the venue was revoked within the preceding twenty-four months.

(b)

It is a violation of this section if the number of people present at an event exceeded a size threshold specified in subsection (a) above, and a land use permit was not obtained before the event. For purposes of this section, "the number of people present at an event" means the total of all attendees, invitees, caterers, event monitors, security, and all other persons who are at the event venue.

(c)

If a land use permit or building permit is required for a structure associated with a temporary event, then no event may be held at the venue without a land use permit.

(d)

An application for a land use permit will be decided in accordance with Article 26-2.20 of this code.

(e)

No conditions that restrict expressive activity or the content of speech may be imposed on any land use permit issued for an event.

(f)

The following conditions shall apply to the issuance of a land use permit for an event venue located in an agricultural zoning district.

(1)

A land use permit that authorizes events at a venue located in an agricultural zoning district may only be issued if the authorized events are an accessory use on a property that is used for agriculture, as defined in Section 82-4.206, and the zoning administrator finds that the proposed events will promote the vitality of agriculture in the area. If a property is located in an agricultural zoning district but the property is not used

for agriculture, or the zoning administrator does not find that the proposed events will promote the vitality of agriculture in the area, then no land use permit authorizing events at the property will be issued.

(2)

Number of events. A land use permit that authorizes events at a venue located in an agricultural zoning district must limit the annual maximum number of events for the purposes of maintaining the agricultural nature of the property and reasonably limiting impacts on neighbors. In imposing conditions regulating the maximum number of events, the zoning administrator may consider the lot size of the event venue, parking available to serve the event venue, proximity of surrounding residences, the location and size of any buildings or other visual or noise buffers between the venue and surrounding properties, the compatibility of events with neighboring uses, and the degree to which events conflict with the property's primary use of agriculture. On a parcel of less than forty acres, the maximum number of events per calendar year that may be authorized by a land use permits six. On a parcel of forty or more acres, the maximum number of events per calendar year that may be authorized by a land use permits is twenty-six.

(3)

Number of people. A land use permit that authorizes events at a venue located in an agricultural zoning district must limit the maximum number of people allowed at each event for the purposes of reasonably limiting impacts on traffic, parking, and neighbors. In imposing conditions regulating the maximum number of people, the zoning administrator may consider the lot size of the event venue, parking available to serve the event venue, proximity of surrounding residences, and the location and size of any buildings or other visual or noise buffers between the venue and surrounding properties.

(4)

Amplified sound by any device is prohibited after 8:00 p.m. Sundays through Thursdays and after 10:00 p.m. Fridays, Saturdays, and holidays. A land use permit for an event venue located in an agricultural zoning district shall not allow the use of amplified sound after these hours.

(5)

Exterior lighting must be directed downward and away from adjacent properties.

(Ord. No. 2024-07, § VII, 3-5-24; Ord. No. 2010-11, § VI, 7-13-10; Ord. 2005-25 § 2).

(a)

An event may be monitored by law enforcement and code enforcement officials to determine compliance with the terms and conditions of the permit.

(b)

A temporary event permit may be revoked for any violation of any term or condition that occurs at an event or for any other reason specified in Section 26-2.2022. A revocation may be appealed to the board of supervisors within seven days of the revocation.

(c)

This chapter may be enforced by any remedy allowed under the Contra Costa County Ordinance Code or any other remedy allowed by law. These remedies include, but are not limited to, administrative fines, infraction citations, and cease and desist (abatement) orders.

(d)

The following officials and their designees are authorized to enforce this chapter:

(1)

Director of Conservation and Development.

(2)

Sheriff.

(e)

Nothing in this chapter is intended to preclude the enforcement by any Sheriff's deputy of Penal Code section 415, the disturbing the peace statute.

(Ord. No. 2024-07, § VIII, 3-5-24; Ord. 2005-25 § 2).

82-44.420 - Responsible party liability.

(a)

A person violates this chapter if an event that violates this chapter is held on property that the person owns, rents, leases, or otherwise has possession of, regardless of whether the person is present when the violation occurs.

(b)

A person violates this chapter if an event that the person organizes, supervises, sponsors, conducts, allows, or controls violates this chapter.

(Ord. No. 2024-07, § IX, 3-5-24)

Article 82-44.6. Fees and Costs

A nonrefundable application fee for a temporary event permit shall be paid when the application is submitted. An application for a temporary event permit is not complete until the application fee is paid.

(Ord. 2005-25 § 2).

(a)

Permit application fees, regulatory fees, inspection fees, and appeal fees will be in amounts established by the board of supervisors in the community development department's fee schedule.

(b)

Fees required under this chapter are in addition to any other fee required under any other chapter of this code or any other county, state or federal law or regulation.

(Ord. 2005-25 § 2).

Chapter 82-46 - EMERGENCY SHELTERS

The purpose of this chapter is to authorize the establishment of emergency shelters, subject to the development and operational standards of this chapter, as authorized by Government Code section 65583.

(Ord. No. 2014-11, § IV, 11-4-14)

82-46.004 - Applications.

(a)

An application for a proposed emergency shelter must contain the following information:

(1)

The total number of beds to be provided, the square-footage of personal living space for each resident, the square footage of indoor and outdoor common areas, and the number of bathroom and bathing facilities.

(2)

The security measures that will be implemented at the emergency shelter.

(3)

A map that identifies the proposed location of the emergency shelter in relation to all other emergency shelters, parks, schools, child care facilities, single family residential zones, and transit corridors and bus routes.

(4)

A to-scale floor plan and building elevations for each emergency shelter building. An emergency shelter may include multiple buildings.

(5)

A description of how the emergency shelter will comply with the development requirements in Section 8246.006, and operational standards in Section 82-46.008.

(6)

A description of how meals will be provided to emergency shelter clients. If meals will be prepared onsite, the applicant must indicate that it has applied for, or possesses, an environmental health permit under Chapter 413-3.

(b)

An application for a proposed emergency shelter will be approved by the zoning administrator under the administrative decision procedure specified in Article 26-2.21 if the proposed emergency shelter complies with all development and operational standards of this chapter.

(c)

If an application for a proposed emergency shelter does not demonstrate that the shelter will comply with one or more of the development standards in Section 82-46.006(b) or the operational standards in Section 82-46.008(b), then the applicant may apply for a land use permit in the manner specified in Chapter 262.20, to modify one or more of those development or operational standards. None of the development standards in Section 82-46.006(a) or operational standards in Section 82-46.008(a) may be modified by a land use permit, or otherwise.

(Ord. No. 2014-11, § IV, 11-4-14)

82-46.006 - Development standards.

(a)

Mandatory Development Standards. An emergency shelter must meet the following development standards:

(1)

Security. An emergency shelter must include the following security measures:

(A)

If individual rooms are provided, the door to each room must be equipped with an interior deadbolt lock.

(B)

Each common shower stall must include an interior lock on the shower door, and an emergency call button or pull-cord.

(C)

Parking areas and the exterior of an each emergency shelter building must include night lighting. All lighting fixtures must be advertised as vandal resistant and graffiti resistant by the lighting fixture manufacturer.

(D)

Each window in an emergency shelter must include a locking mechanism to prevent it from being opened from outside the shelter.

(E)

An emergency shelter must maintain a current client registration list that includes each client's name, and the date or dates of each client's stay at the shelter.

(2)

Design. An emergency shelter must provide and comply with the following:

(A)

A shelter must provide at least one telephone for use by shelter clients that enables shelter clients to make local outgoing calls free of charge.

(B)

A shelter must provide one locker or locked storage cabinet per shelter bed for storing clients' personal property. The shelter must provide to each client, without charge, a lock to the locker or storage cabinet.

(C)

A shelter must provide bathrooms and bathing facilities in the quantity and at locations as required by the California Plumbing Code (Title 24, Part 5 of the California Code of Regulations).

(D)

A shelter must comply with the design and accessibility requirements of the Americans with Disabilities Act (ADA), as specified in the U.S. Department of Justice, Civil Rights Division, Disability Rights Section's "Americans with Disability Act's Checklist for Emergency Shelters," dated July 26, 2007, as may be amended from time to time.

(3)

Common Facilities. An emergency shelter must provide the following common facilities for the exclusive use of the clients and staff:

(A)

A central kitchen and at least one dining room;

(B)

A private intake area; and

(C)

A counseling center.

(b)

Development Standards Subject to Modification. The following development standards apply to an emergency shelter but may be modified with the issuance of a land use permit.

(1)

An emergency shelter must be located within one-half mile of an existing public bus stop, Bay Area Rapid Transit (BART) station, Amtrak station, or ferry terminal. If an emergency shelter will not be located within one-half mile of an existing public bus stop, BART station, Amtrak station, or ferry terminal, the shelter applicant must provide written confirmation with its application that the emergency shelter will provide transportation for its clients between the shelter and the nearest existing public bus stop, BART station, Amtrak station, or ferry terminal.

(2)

Floor Area. An emergency shelter must contain a minimum of one hundred twenty-five square feet of gross floor area per bed.

(3)

Parking. Off-street parking at an emergency shelter must be provided at the ratio of one space for every ten beds, plus two additional spaces designated exclusively for shelter staff. Off-street parking must be located on the same lot as, or a lot immediately adjacent to, the emergency shelter. Off-street parking areas must meet the parking design and layout standards of Chapter 82-16.

(4)

Maximum Number of Beds. No emergency shelter may provide more than 75 beds.

(Ord. No. 2014-11, § IV, 11-4-14)

(a)

Mandatory Standards. An emergency shelter must meet the following operational standards:

(1)

Hours. An emergency shelter must establish and maintain specific hours for client intake and discharge. These hours must be clearly displayed at the front or main entrance of the shelter at all times.

(2)

Intake. An emergency shelter must place clients in the shelter on a first-come, first-served basis.

(3)

Meals. An emergency shelter must provide each client a minimum of two meals each day, at no cost to the client. If meals will be prepared onsite, then the emergency shelter must maintain a valid environmental

health permit under Chapter 413-3.

(4)

Services. Emergency shelter staff and services must be provided to assist clients to obtain permanent housing and income. Those services must be made available to all clients of the emergency shelter at no cost to the clients. An emergency shelter may not require the exchange of resident work for emergency shelter services.

(b)

Operational Standards Subject to Modification. The following operational standards apply to an emergency shelter but may be modified with the issuance of a land use permit.

(1)

Minimum Level of Staffing. A minimum of one on-site, full-time staff person per twenty-five beds at the shelter, or two on-site, full-time staff persons, whichever is greater, must be present at the shelter twentyfour-hours each day. Volunteer staff may not be counted towards meeting this requirement.

(2)

Maximum Length of Stay. Temporary shelter at the emergency shelter must be provided to a client for no more than sixty consecutive days within any twelve-month period. If emergency shelter staff determine that no alternative housing is available to a client, then the total length of that client's stay in the emergency shelter may be extended to a maximum of one hundred eighty consecutive days within any twelve-month period.

(Ord. No. 2014-11, § IV, 11-4-14)

(a)

An emergency shelter may be located within a general commercial (C) zoning district, as long as the district where the emergency shelter is located has a consistent general plan designation of commercial (CO). An emergency shelter must conform to the height and yard requirements of the zoning district in which it is located.

(b)

If any provision of this Chapter 82-46 conflicts with any requirements of the zoning district in which the emergency shelter is to be located, then the requirements of this chapter shall govern.

(Ord. No. 2014-11, § IV, 11-4-14)

Chapter 82-48 - SINGLE ROOM OCCUPANCY (SRO) FACILITIES

The purpose of this chapter is to authorize the establishment of single-room occupancy facilities, subject to the development and operational standards of this chapter.

(Ord. No. 2014-11, § V, 11-4-14)

(a)

An application for a proposed single-room occupancy facility must contain the following information:

(1)

The total number of rooms, the square-footage of each room, and the square footage of indoor and outdoor common areas.

(2)

A to-scale floor plan and building elevations for the facility.

(3)

A description of all security measures that will be utilized at the facility.

(4)

A description of how the single room occupancy facility will satisfy each of the development and operational standards in Section 82-48.006.

(5)

If an applicant seeks authorization for a licensed child care center, as that term is defined in California Code of Regulations, Title 22, section 101152(c)(9), that is ancillary to the single room occupancy facility, the application must include a description of how the child care facility will satisfy each of the requirements in Section 82-48.006(c).

(b)

An application for a proposed single room occupancy facility will be approved by the zoning administrator under the administrative decision procedure specified in Article 26-2.21 if the proposed facility complies with all development and operational standards of this chapter.

(c)

If an application for a proposed single room occupancy facility does not demonstrate that the facility will comply with each of the development standards in Section 82-48.006(b), the applicant may apply for a land use permit in the manner specified in Chapter 26-2.20. None of the development standards in Section 82.48-006(a) may be modified by a land use permit or otherwise.

(Ord. No. 2014-11, § V, 11-4-14)

82-48.006 - Development and operational standards.

(a)

Mandatory Development Standards. A single room occupancy facility must meet the following development standards.

(1)

Cooking and Dining Facilities. A facility must provide either one common full kitchen and at least one common dining, lounge or meeting room that may be used by tenants of the facility, or a full kitchen in each room within the facility. A full kitchen means a kitchen that includes a range and oven, refrigerator, and sink with a garbage disposal.

(2)

Bathroom Facilities. A facility must provide either one or more common bathroom facilities in the quantity and at locations as required by the California Plumbing Code (Title 24, Part 5 of the California Code of Regulations), or a bathroom with a flushing toilet and sink in each room. The facility also must provide either common showers at the ratio of at least one shower for every seven rooms at the facility, or a shower or bathtub in each room.

(3)

Building Standards. A single room occupancy facility must comply with all building codes and regulations that relate to hotels, including the relevant provisions of the county building code and the fire code.

(4)

Accessibility to Persons with Disabilities. A single room occupancy facility shall comply with all design and accessibility requirements of the Americans with Disabilities Act. A single room occupancy facility must provide units that are accessible to persons in wheelchairs in the ratio of at least one unit for every twentyfive rooms. The minimum number of units accessible to persons in wheelchairs that must be provided is two.

(5)

Manager's Office. A single room occupancy facility with fifteen or more units must provide a twenty-fourhour staffed front desk. If a land use permit does not require the facility to provide a twenty-four-hour staffed front desk, then the facility must provide at least one common telephone that tenants may use to make local outgoing phone calls at no cost to the tenants. A facility must post in a public location a list of emergency telephone numbers that includes a number at which a facility manager can be reached twentyfour hours per day, seven days per week. The list of emergency telephone numbers must be updated as needed.

(6)

Security. A single room occupancy facility must incorporate the following security measures into its design:

(A)

All interior hallways, the exterior surrounding the facility, and parking areas must include night lighting. All lighting fixtures shall be advertised as vandal and graffiti resistant by the lighting fixture manufacturer.

(B)

All entrances to hallways of common areas where individual units can be accessed must be controlled with a keyed entry system. Keys or entry codes shall be provided only to the tenants.

(C)

Each door to each individual unit must include a keyed lock or re-programmable card entrance system, a deadbolt lock, and a peephole.

(D)

A single room occupancy facility with a staffed front desk must require tenants and guests to register with the front desk and present valid photo identification as a condition of registration.

(E)

Each window in each individual unit must have a secure locking mechanism.

(F)

A single room occupancy facility must maintain current tenant registration cards that include each tenant's name, unit number, rental rate, vehicle type, vehicle license number, and a copy of the tenant's government-issued identification.

(b)

Development Standards. The following development standards apply to a single room occupancy facility but may be modified upon issuance of a land use permit.

(1)

Common Areas. A single room occupancy facility must provide ten square feet of common space per unit in the facility, or one hundred fifty square feet of common space, whichever is greater. No more than fifty percent of the total required common space at any single room occupancy facility may be exterior areas designated as common space.

(2)

Parking. Off-street parking at each single room occupancy facility must be provided at the ratio of one space for every four units, plus an additional space designated exclusively for the facility manager. Offstreet parking must be located on the same lot as, or on a lot immediately adjacent to, the single room occupancy facility. Each off-street parking area must meet the parking design and layout standards of Chapter 82-16.

(c)

Child Care. A state-licensed child care facility that is ancillary to a single room occupancy facility may be authorized under a permit for the single room occupancy facility, as long as the requirements of this subsection are met. These requirements may not be modified through the issuance of a land use permit, or otherwise. These requirements are in addition to all other applicable state and county laws and regulations that apply to the licensing and operation of child care centers. Approval of a single room occupancy facility with an ancillary child care center that meets the requirements of this section does not authorize the operation of that center in the absence of all other required state and county permits and approvals.

(1)

Parking. A freestanding child care center or a child care center in a mixed use project must provide one parking space for every four children for which the center is licensed. This parking is in addition to any parking required for the single room occupancy facility.

(2)

Design. If a child care center is located on a lot adjacent to a residentially-zoned property, then a six-foot high or higher solid wall of masonry, brick, stucco, or a similar material, must separate the child care center from the residentially-zoned property along the property line between the center and that property. Each outdoor play area at a child care center must be physically separated from all vehicular circulation areas, parking areas, equipment enclosures, storage areas, and refuse and recycling areas, located at or adjacent to the center.

(Ord. No. 2014-11, § V, 11-4-14)

82-48.008 - Zoning.

(a)

A single room occupancy facility may be located in either a P-1 zoning district or a retail-business (R-B) zoning district.

(b)

If any provision of this Chapter 82-48 conflicts with any other requirements that apply within the P-1 zoning district or retail-business (R-B) zoning district, then the requirements of this chapter shall govern.

(Ord. No. 2014-11, § V, 11-4-14)

Chapter 82-50 - URBAN FARM ANIMALS Article 82-50.2 - General

The primary purpose of this chapter is to establish regulations for the raising and keeping of farm animals in residential zoning districts. The provisions of this chapter do not apply in any agricultural zoning district.

(Ord. No. 2018-06, § II, 5-1-18)

For the purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Apiary" has the meaning set forth in Food and Agricultural Code section 29002.

(b)

"Bird enclosure" means one or more coops, cotes, pens, cages, or other similar enclosures, used to house one or more birds, including pigeons, but not including poultry, fowl, roosters, peacocks, or guinea fowl.

(c)

"Farm animals" means one or more fowl, rabbits, grain-fed rodents, bees, or livestock.

(d)

"Fowl" means one or more domesticated chickens, ducks, geese, turkeys, or similar birds customarily kept for eggs or meat. "Fowl" does not include roosters, peacocks, or guinea fowl.

(e)

"Nucleus hive" means a small beehive of a few thousand bees with a queen, created from a larger hive, and typically kept in a small box or container.

(f)

"Urban farm animal raising and keeping" means the raising or keeping of farm animals in residential zoning districts for non-commercial purposes.

(Ord. No. 2018-06, § II, 5-1-18)

Article 82-50.4 - Urban Farm Animal Raising and Keeping

Urban farm animal raising and keeping is allowed on any lot in a single-family residential district (R-6, R-7, R-10, R-12, R-15, R-20, R-40, R-65, and R-100), a planned unit (P-1) district for which single-family residential uses are approved, or a two-family residential (D-1) district.

(Ord. No. 2018-06, § II, 5-1-18)

(a)

The minimum area of a lot on which fowl (except for hens), rabbits, or grain-fed rodents may be raised or kept is twenty thousand square feet.

(b)

The maximum number of domesticated female chickens (hens) allowed on a single lot is one hen per one thousand square feet of lot area.

(c)

No more than an aggregate total of twenty fowl (including hens), rabbits, and grain-fed rodents may be kept on a single lot.

(d)

The maximum height of a chicken coop, rabbit hutch, or similar accessory structure for the housing of small animals is twelve feet.

(e)

Chicken coops, rabbit hutches, and similar accessory structures for the housing of small animals must be set back from property lines by the following distances:

(f)

Bird enclosures are governed by Article 82-50.6.

(Ord. No. 2018-06, § II, 5-1-18)

(a)

The minimum area of a lot on which an apiary may be kept is six thousand square feet.

(b)

The maximum number of beehives allowed on a single lot, excluding nucleus hives, is determined by lot area, as follows:

(c)

For each beehive kept on a lot in accordance with subsection (b), one nucleus hive may also be kept on the lot.

(d)

An apiary must be registered and identified in accordance with Article 4 of Chapter 1 of Division 13 of the Food and Agricultural Code.

(e)

A fresh water source for bees must be provided at all times on a lot on which an apiary is located.

(f)

The maximum height of an accessory structure for the housing of beehives is twelve feet.

(g)

Accessory structures for the housing of beehives must be set back from property lines by the following distances:

(h)

If an accessory structure for the housing of beehives is located less than twenty-five feet from any property line, the structure must be enclosed by a six-foot tall solid barrier located ten feet or less from the structure in all directions.

(Ord. No. 2018-06, § II, 5-1-18)

82-50.408 - Standards—Livestock.

(a)

The minimum area of a lot on which livestock may be raised or kept is forty thousand square feet. The lot must be contiguous.

(b)

The maximum number of livestock on a single lot is two head of livestock per forty thousand square feet of lot area.

(c)

Barns, stables, and other buildings or structures used to shelter livestock must be set back at least one hundred feet from the front property line and all streets, and must be set back at least fifty feet from all side and rear property lines. Fenced pasture, paddocks, or other enclosed livestock areas must be located at least ten feet from all property lines.

(Ord. No. 2018-06, § II, 5-1-18)

Article 82-50.6 - Bird Enclosures

A bird enclosure is allowed on any lot in a single-family residential district (R-6, R-7, R-10, R-12, R-15, R- 20, R-40, R-65, and R-100), a planned unit (P-1) district for which single-family residential uses are approved, or a two-family residential (D-1) district.

(Ord. No. 2018-06, § II, 5-1-18)

(a)

The maximum size of a bird enclosure is one square foot per fifty square feet of lot area. A bird enclosure may not exceed one thousand six hundred square feet.

(b)

The maximum height of a bird enclosure is twelve feet.

(c)

A bird enclosure must be set back at least twenty-five feet from the front property line and all streets, and must be set back at least ten feet from all side and rear property lines.

(d)

A bird enclosure must be maintained in a sanitary manner as determined by the county health department.

(Ord. No. 2018-06, § II, 5-1-18)

Article 82-50.8 - Variance Permits

Variance permits to modify the height or setback provisions in Article 82-50.4 and Article 82-50.6 may be granted in accordance with Chapter 26-2.

(Ord. No. 2018-06, § II, 5-1-18)