Division 9 — ACCESSORY USE REGULATIONS — El Centro Zoning Code

Sec. 29-161. - Accessory uses subordinate to principal use. ¶

In addition to the permitted principal uses, each zone established by this chapter shall be deemed to include specifically identified accessory uses and other accessory uses that are necessarily and customarily associated with, and are appropriate, incidental, subordinate to, and create no greater impact to surrounding property than such principal uses. It shall be the responsibility of the community development director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use. Such a determination shall be based on his or her evaluation of two (2) issues:

(1)

The resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses; and

(2)

The relationship between the proposed accessory use and the principal use.

Such determinations may be appealed to the administrative committee pursuant to section 29-353.

(Ord. No. 24-03, § 2, 9-17-24)

Sec. 29-162. - Residential and mixed-use zones. ¶

For accessory uses in residential and mixed-use zones, the following regulations shall apply:

(1)

Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). See section 29-168.

(2)

Home occupations.

a.

Purpose and intent. This section provides standards for the conduct of home occupations, as defined in section 29-23. The home occupation provisions are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood.

b.

Permissible home occupations. The following uses or similar uses shall be considered as home occupations provided that such uses comply with the criteria established by this section:

1.

Consultative professional occupations that function to provide a service not involving the exchange of goods or products. May include but is not limited to accountant, architect, attorney, author, bookkeeper, consultant, drafting and design, engineer, editor, insurance agent, or similar use as determined by the community development director.

2.

In-home educational activity, including, but not limited to, personal trainer, music lessons, academic tutoring, swimming lessons, or religious instruction.

3.

A home office when all sales are conducted off-premises or by correspondence. May include but is not limited to artist, real estate agent, broker, e-commerce, photographer, sales representative (such as jewelry, cosmetics, clothing, household items), seamstress/tailoring, or similar use as determined by the community development director.

4.

Contractors' offices, when the home occupation is limited to record keeping, communications, scheduling, ordering, or billing and all physical activities and gathering of employees or subcontractors is off-premises. May include but is not limited to general contractors, gardening and landscaping services, janitorial, pet grooming, mobile vehicle services, or similar use as determined by the community development director.

5.

One (1) station beauty salon, barber shop, or aesthetician.

6.

One (1) station massage therapist licensed and certified pursuant to chapter 16, article VI, divisions 1 and 2.

c.

Operating standards. The following regulations shall apply in the operation of any home occupation:

1.

There shall be no employment of help other than a resident of the home.

2.

The home occupation shall be conducted wholly within the structures on the premises and shall not exceed twenty-five (25) percent of the total floor area of all legal structures.

3.

Customers, clients, or prospective customers or clients shall not be invited to the residence except by appointment only, for the purpose of obtaining service, tutoring, or training. The home occupation shall not involve the onsite presence of more than two (2) customers or clients at a time. Customers or clients shall not be permitted on the premises between the hours of 8:00 p.m. and 8:00 a.m.

4.

There shall be no display or showroom of products and merchandise on the premises.

5.

There shall be no use of materials or mechanical or electrical apparatus, equipment, or tools not recognized as being part of normal household or hobby uses. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. Utility consumption shall not exceed normal residential usage.

6.

Required off-street parking for the residence shall be maintained.

7.

Vehicles owned by the residents may be used with the home occupation and shall be limited to one (1) passenger vehicle (car, pickup, truck, van), and one (1) trailer that may be towed by a truck or van. The vehicle will be deemed in use for the home occupation if it contains advertising and/or any materials including stock, wares, goods, samples, or equipment carried in or on the vehicle. A truck, van, or trailer must be parked/stored on the premises.

8.

Pedestrian or vehicular traffic, noise, odor, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other activity that constitutes a hazard, nuisance, or disturbance of the peace of any person shall not be produced or made at the residence in connection with the home occupation.

9.

Deliveries or pick-ups by normal delivery services (such as USPS, FedEx, UPS, and Amazon) shall occur between 8:00 a.m. and 8:00 p.m.

10.

There shall be no unsightly storage of materials or supplies in connection with the home occupation nor shall merchandise be visible from outside the home.

There shall be no signs or structures other than those permitted in the zone.

12.

There shall be complete conformity with fire, building, plumbing, electrical and health codes and to all state and city laws and ordinances.

d.

Renting or use of residential properties as a commercial venue for weddings, celebrations, or similar events, is prohibited.

e.

Notwithstanding the above home occupation provisions, a cottage food operation may be allowed for the production and sale of cottage food products, pursuant to state and county health regulations and as amended. A cottage food operator must obtain and comply with all required permits and standards from the County Department of Environmental Health in order to operate a cottage food home occupation business.

f.

Notwithstanding the above home occupation provisions, microenterprise home kitchen operation (MEHKO) may be allowed for an individual to operate a restaurant in their private residence, pursuant to state and county health regulations and as amended. The MEHKO operator must obtain and comply with all required permits and standards from the county department of environmental health in order to operate a MEHKO home occupation business.

(3)

Repair of vehicles and equipment. Repair, fabrication, or other work on automobiles, other vehicles or equipment on residential premises shall be subject to the following conditions and restrictions:

a.

Such work shall be done only upon vehicles or equipment owned by a resident of the premises.

b.

Such work shall be limited to vehicles or equipment that may be stored within a private garage upon residential premises.

c.

Such work shall be done only between the hours of 8:00 a.m. and 10:00 p.m.

d.

Such work shall not be done in a public right-of-way.

Storage of parts for such vehicles or equipment on the premises shall be limited to those parts reasonably necessary for repair of the occupant's vehicle or equipment. Parts which cannot be conveniently located within an enclosed structure shall be screened so as not to be visible from the public right-of-way and adjacent property.

f.

Notwithstanding anything to the contrary herein, no such work that creates a nuisance or otherwise tends to deteriorate the environment, peace, tranquility, and enjoyment of residents in the surrounding neighborhood shall be permitted.

g.

Flammable liquids shall not be used in any building or residential premises in connection with such work, and no welding or torch cutting may be done anywhere on such premises except when a permit is obtained from the city fire code official. All such work shall be conducted in conformance with the applicable provisions of the city fire prevention code.

(4)

Large family day care homes. Large family day care homes shall be permitted in all residential zones when appurtenant to a single-family residential dwelling in conformance with the California Health and Safety Code and shall conform to all development standards specified for the zone in which such home is located. In addition, large family day care homes shall be permitted on all lots zoned for two-family residential dwelling units.

(5)

Large residential care facilities. The following standards and conditions apply to large residential care facilities:

a.

Notice to operate a large residential care facility. Notice of application to operate a large residential care facility shall be mailed to all property owners within a one hundred (100) foot radius of the exterior boundaries of the proposed site not less than ten (10) days prior to the date on which the decision will be made on the application.

b.

Administrative hearing required. The applicant or any affected person(s) may request an administrative hearing before the administrative committee for consideration of the application. Any request for an administrative hearing, shall be made in writing to the city, not more than fifteen (15) days from receipt of the notice to operate.

c.

No hearing required. If an administrative hearing is not requested by the applicant or affected person(s), the application shall be reviewed by the planning director as a nondiscretionary permit under the site plan

review procedure and shall be in accordance with the standards listed under subparagraphs d. through k. of this subsection (5).

d.

Spacing/concentration. A large residential care facility shall not be located within three hundred (300) feet of another such facility on the same street as measured from the exterior property lines. An exemption to the spacing requirement may be approved by the city if the existing facility is at capacity or the applicant demonstrates that a need exists for a unique or particular service not currently provided by the existing large residential care facility.

e.

Parking. A minimum of two (2) off-street parking spaces shall be provided for the project. Off-street parking related to the large residential care facility operation may only be provided on a driveway within the twenty (20) foot front yard setback. Residences located on arterial streets (as designated in the circulation element of the general plan) shall provide a drop-off/pick up area designed to prevent vehicles from backing onto the street.

f.

Noise. Outdoor common areas shall be designed and located to reduce impacts of noise on surrounding properties. Noise levels shall be in compliance with the city's residential noise level standards provided in chapter 17.1 of the City Code pertaining to noise abatement and control. The city may impose reasonable requirements to alleviate noise, including but not limited to the installation of a six (6) foot high block wall around the perimeter of the rear yard.

g.

State license. Prior to the approval of the site plan review application, the applicant shall provide proof that he or she is licensed by the California Department of Social Services, if applicable, and operating said facility in accordance with all applicable state requirements.

h.

Operation. Large residential care facilities shall be operated in a manner that will not adversely affect adjoining residences or be detrimental to the character of the residential neighborhood.

i.

Exempt from CEQA. Pursuant to CEQA Guidelines section 15274, applications to operate residential care facilities are exempted from formal environmental review.

j.

Signs. No on-site signs advertising the large residential care facility shall be permitted.

k.

Health and safety requirements. The operator shall comply with all applicable California Health and Safety Code regulations or other requirements of the city building and safety department and fire department regarding health and safety requirements and all other applicable codes and regulations.

(6)

Supportive and transitional housing. Supportive and transitional housing that is provided in single-family, duplex, manufactured housing, multi-family, mixed-use units, or group dwellings shall be permitted, conditionally permitted or prohibited in the same manner as the other single-family, duplex, manufactured housing, multi-family, mixed-use units, or group dwellings under this chapter.

(Ord. No. 24-03, § 2, 9-17-24)

Sec. 29-163. - Commercial, manufacturing and civic center zones. ¶

(a)

Accessory structures and uses shall, for the purposes of this section, be defined as those necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal commercial, industrial or other uses which are permitted in each zone.

(b)

A caretaker residence shall be subject to site plan review and approval by the community development director, and shall comply with the following:

(1)

In any commercial or manufacturing zone, a caretaker residence may be established when it is located within and occupies not more than twenty (20) percent of the floor area of a commercial or industrial building, and is occupied exclusively by the owner, caretaker, superintendent, or security personnel and his/her family.

(2)

Within the ML (light manufacturing) or MG (general manufacturing) zones only, a detached caretaker residence shall be permitted, provided that such dwelling occupies not more than twenty (20) percent of the floor area occupied by the principal manufacturing use and is screened from view from any public street in a manner satisfactory to the city. Pursuant to article V, division 4 of this chapter, a site plan shall be

submitted to the city for review and approval prior to the issuance of any building permits. The appropriate school districts shall be notified through the site plan review procedure in order to assess any appropriate school impact mitigation.

(c)

Accessory residential in the CG (general commercial) zone. A conditional use permit for a mixed commercial/residential development in general compliance with the standards and procedures for a planned unit development may be granted by the city council following review and recommendation by the planning commission. In approving said conditional use permit, the planning commission and city council shall find that the proposed development would better achieve the goals of the general plan than would strict compliance with the permitted uses of the CG (general commercial) zone.

(d)

(e)

Outdoor dining and seating in the CG (general commercial) zone, ML (light manufacturing) zone and civic center zone. The purpose of this section is to permit outdoor dining and seating that enhance the pedestrian ambience of the city and ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the general plan. Outdoor dining and seating are permitted as accessory uses to otherwise permitted and legally established cafes, restaurants, coffee shops, delicatessens, and other commercial uses that are located on the same parcel, a contiguous adjacent parcel, within courtyards, or on public right-of-way immediately adjacent to the tenant space, subject to the following standards:

(1)

The total area dedicated to outdoor dining and seating shall not exceed the area dedicated to indoor dining and seating.

(2)

The hours of operation of the outdoor dining and seating shall be limited to the hours of operation of the associated restaurant or other commercial use.

(3)

The outdoor dining and seating area shall not be located in the public right-of-way, unless approved in a form required by the city. Assumption of liability and indemnity must be executed by the applicant and property owner, which shall hold harmless and indemnify the city against any and all claims brought on as a result of the outdoor dining and seating in the public right-of-way.

(4)

All outdoor dining and seating uses shall maintain ingress/egress and pedestrian circulation subject to building and fire safety code requirements including Americans with Disabilities Act (ADA) requirements.

(5)

When adjacent to a public street, outdoor dining and seating areas shall provide a minimum of five (5) feet of unobstructed pedestrian circulation and shall be placed at least twenty (20) feet away from an intersection.

(6)

The location and use of the outdoor dining and seating area shall not obstruct the movement of pedestrians, goods, or vehicles; required parking spaces; driveways or parking aisles; entrances; legal signs; utilities or other improvements. When located adjacent to parking spaces, driveways or parking lot aisles, a physical barrier such as curb or railing shall be provided.

(7)

If located in the public right-of-way, furnishings shall be strictly limited to chairs, benches and tables, and single pole table umbrellas designed for outdoor use. Such furnishings shall be maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles.

(8)

No additional parking is required for the outdoor dining and seating area as long as the area dedicated to outdoor dining and seating is less than the area dedicated to indoor dining and seating.

(9)

Outdoor dining and seating areas shall remain clear of litter at all times and shall not reduce, be located within, or damage any required landscaped area.

(10)

Noise levels, including music and outdoor speakers, shall be in compliance with the city's performance standards in section 29-156(c) and noise level standards provided in chapter 17.1 of the City Code pertaining to noise abatement and control.

(11)

A fixed barrier (per State Alcohol Beverage Control (ABC) approval/requirements) is required for outdoor dining uses that want to serve alcohol in the public right-of-way (a dining use on its own would not require a barrier).

(Ord. No. 24-03, § 2, 9-17-24)

Secs. 29-164—29-167. - Reserved.