Part II — Base District Regulations.

Part III. Overlay District Regulations.

Part IV. Regulations Applying in Some or All Districts.

Part V. Administrative Provisions.

Part VI. General Terms.

(Ord. 2008-2 Div. II (part), 2008.)

19.01.040 - General rules of applicability.

A.

Applicability to Property. This Zoning Ordinance shall apply to all uses and structures within the City of El Cerrito, including all uses, structures and land owned by any private person, firm, corporation or organization, the City of El Cerrito and other local state or federal agencies to the extent allowed by law.

B.

Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accordance with the provisions of this Zoning Ordinance.

C.

Relation to Other Plans. Pursuant to the law of the State of California, this ordinance is consistent with the general plan of the City of El Cerrito.

D.

Relation to Other Regulations. Where conflict occurs between the provisions of this Zoning Ordinance and any other city code, chapter, resolution, guideline or regulation, the more restrictive provisions shall control, unless otherwise specified.

E.

Relation to Private Agreements. Where this Zoning Ordinance imposes greater restriction than imposed by an easement, covenant, or agreement, this Zoning Ordinance shall control. Where any easement, covenant, or other agreement now in effect is more restrictive, this Zoning Ordinance shall not interfere with or annul said agreements.

F.

Relation to Prior Ordinance. The provisions of this Zoning Ordinance supersede all prior zoning ordinances of the City of El Cerrito. No provision of this Zoning Ordinance shall validate any land use or structure established, constructed or maintained in violation of the prior zoning ordinance, unless such validation is specifically authorized by this Zoning Ordinance and is in conformance with all other regulations and codes.

G.

Application During Local Emergency. The City Council may authorize a deviation from a provision of this Zoning Ordinance during a local emergency declared and ratified under the El Cerrito Municipal Code. The City Council may authorize a deviation by resolution.

(Ord. 2008-2 Div. II (part), 2008.)

The city shall be classified into districts or zones, the designation and the regulations of which are set forth in this Zoning Ordinance and as follows:

A.

Base Zoning Districts. The following are the base zoning districts:

B.

Overlay Zoning Districts. The following are the special zoning districts:

(Ord. 2008-2 Div. II (part), 2008.)

The boundaries of the zoning districts established by this Zoning Ordinance are shown on the official map entitled "Zoning Map of the City of El Cerrito, California," a copy of which is on file in the City Clerk's office. The official Zoning Map and all notations, references and other information shown thereon shall be incorporated by reference as if the matters and information set forth on such maps were fully described herein, including maps for the -CP Creek Protection overlay district and the -HZ Hazard overlay district. The -HZ Hazard Overlay district is also depicted by reference to the Hazard Special Study Map, commissioned by the City Building Official and the 1973 Tri-Cities Seismic Safety and Environmental Resources Study. PD Zones will appear on maps as approved.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.02 - RULES FOR CONSTRUCTION OF LANGUAGE AND INTERPRETATION

Sections:

The purpose of this Chapter is to provide precision in the interpretation of the zoning regulations. The meaning and construction of words and phrases defined in the Chapter apply throughout this Zoning Ordinance, except where the context indicates a different meaning.

(Ord. 2008-2 Div. II (part), 2008.)

19.02.020 - Rules for construction of language.

A.

The specific controls the general. For example where there is a general provision that states "Quality materials shall be used to construct a fence" and a specific provision in the same section states "All fences shall be constructed of wood", the interpretation is that all fences governed by that section shall be constructed of wood, no other materials shall be allowed.

B.

If there is a conflict between a more specific statute and a general one, the specific one controls. Where there is no conflict, however, a general provision is still applicable.

C.

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

1.

"And" indicates that all connected words or provisions shall apply.

"Or" indicates that the connected words or provisions may apply singly or in any combination.

3.

"Either . . . or" indicates that the connected words or provisions shall apply singly but not in combination.

D.

In case of conflict between the text and a graphic or diagram, the text controls.

E.

References to departments, commissions, boards, or other offices are to those of the City of El Cerrito unless otherwise indicated.

F.

References to a public official in the City are to that person who performs the function referred to and includes a designated deputy of such official.

G.

All references to days are to calendar days unless otherwise indicated. In the event a date ends on a Saturday, Sunday, or a day when the City offices are closed, the date shall be considered to be the next consecutive business day. The end of a period shall be the close of business on the last day.

H.

Section titles and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section.

I.

The words "activities" and "facilities" include any part thereof of the activity or facility.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this Zoning Ordinance or its application to a specific site, the Zoning Administrator shall determine the intent of the provision pursuant to Section 19.33.040.

B.

Zoning Map. The following rules shall apply to zoning boundary determinations:

1.

Where the exact boundaries of a district cannot be readily or exactly ascertained by reference to the official Zoning Map, the boundary shall be deemed to be along the nearest street centerline, lot line, or geographic

feature, such as a creek, as the case may be.

2.

Public streets, utility and other rights-of-way shall be in the same zoning district as contiguous property. Where contiguous property is classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary, unless otherwise depicted on the zoning map.

3.

District boundaries shown as lying at the edge of a body of water shall be construed to follow the adopted 100year floodplain identified for the watercourse.

4.

If any uncertainty remains as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the Zoning Administrator.

C.

Record of Interpretation. The Zoning Administrator shall keep a master record of interpretation made pursuant to this Section which shall be available to the public.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.03 - RULES OF MEASUREMENT

Sections:

The purpose of this Chapter is to explain how various measurements referenced in this Zoning Ordinance are to be calculated.

(Ord. 2008-2 Div. II (part), 2008.)

For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Zoning Administrator.

(Ord. 2008-2 Div. II (part), 2008.)

When calculations result in fractions, the results will be rounded as follows:

A.

General Rounding. Fractions of one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions of less than one-half (0.5) shall be rounded down to the nearest whole number, except as otherwise

provided.

B.

Density Rounding. For purposes of computing the maximum number of residential units allowed on a lot, any fraction shall be rounded down to the nearest whole number.

C.

Rounding for State Affordable Housing Density Bonus. For projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute, and Chapter 19.22, Affordable Housing Bonus, any fractional number of permitted bonus density units shall be rounded up to the next whole number. See Section 19.22.030.

(Ord. 2008-2 Div. II (part), 2008.)

19.03.040 - Measuring distances.

A.

Measurements are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects. See Figure 19.03-A.

==> picture [186 x 146] intentionally omitted <==

B.

Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land. See Figure 19.03-B.

==> picture [186 x 113] intentionally omitted <==

C.

Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure. Chimneys, eaves, cornices, and bay windows up to 12 feet in length are not included in the measurement. Other features, such as covered porches and entrances, are included in the measurement. Structures or portions of structures that are entirely underground are not included in measuring required distances.

(Ord. 2008-2 Div. II (part), 2008.)

19.03.050 - Measuring height.

A.

General. Height shall be considered the vertical distance from the highest point of any structure to the ground level directly below, except as otherwise provided in this Section.

B.

Measuring Building Height on Sloped Lots. Height shall be measured from any point on top of the building to a line directly below which connects to opposite perimeter walls, or other perimeter support systems, at the lower of natural or finished grade. All parts of a building, except for allowed projections specifically listed in this Zoning Ordinance, shall comply with maximum height limits. See Figure 19.03-C.

==> picture [372 x 256] intentionally omitted <==

C.

Measuring the Height of Buildings Located Near Retaining Walls. If any portion of a building lies within the setback area of a lot and the base of the retaining wall is at a lower elevation than the building, the height of the building shall be calculated from the base of the retaining wall (at the lower of natural or finished grade) rather than from the base of the building wall. See Figure 19.03-D.

==> picture [406 x 254] intentionally omitted <==

D.

Measuring the Height of Combined Fences and Retaining Walls. When a fence is constructed on top of or within one foot of the face of an above-ground retaining wall, and located in a required yard, the height of the fence shall be measured from the top of the fence to the midpoint height of the retaining wall. See Figure 19.03E.

==> picture [291 x 214] intentionally omitted <==

E.

Measuring the Height of Decks. Deck height is measured from grade to the top of the floor of the deck if there is no rail or if the rail walls are more than 50 percent open, and from the ground to the top of the rails for all other situations.

(Ord. 2008-2 Div. II (part), 2008.)

19.03.060 - Measuring lot width and depth.

A.

Lot Width. Minimum lot width as required by this Title shall be measured at the front setback line as determined by the zoning of the parcel.

B.

Lot Depth. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line. See Figure 19.03-F.

==> picture [418 x 293] intentionally omitted <==

(Ord. 2008-2 Div. II (part), 2008.)

Lot slope is calculated as an average slope of the ground area within the required setback lines (buildable area) for primary structures on a site. Lot slope is based on existing grade. The elevations of the points where required setback lines intersect are used to determine the average elevation of each setback line. Specifically, the average elevation of each setback line is calculated by adding the elevations at the line's intersection points and dividing by two. The average lot slope is then calculated by subtracting the average elevation of the most uphill setback line and the average elevation of the most downhill setback line and dividing the sum by the average distance between these two setback lines, as illustrated in Figure 19.03-G. Where required setback lines do not intersect to form a four-sided polygon, average lot slope shall be calculated by dividing the difference between the elevations of the highest and lowest points within the buildable area by the horizontal distance between said points. See Figure 19.03-G.

==> picture [406 x 295] intentionally omitted <==

• (Ord. 2008-2 Div. II (part), 2008.)

A.

Existing Trees. Existing trees are measured at a height of four-and-one-half feet above the ground. Trees on slopes are measured from the ground level on the lower side of the tree. If a tree splits into multiple trunks below four and one-half feet, the trunk's diameter is measured at its most narrow point below the split.

B.

New Trees. New trees are measured in caliper inches, which is the diameter of the trunk six inches above the ground.

(Ord. 2008-2 Div. II (part), 2008.)

Floor area is the horizontal area (expressed in square feet) of all floors included within a building or buildings, according to the following rules:

A.

Included in Floor Area. Floor area is deemed to include:

1.

The floor of atrium and lobby areas;

Enclosed and roofed storage and equipment spaces;

3.

Enclosed and roofed halls, stairways, and elevator shafts;

4.

Enclosed and roofed porches and balconies;

5.

Portions of basements and attics that meet Building Code height requirements for living space;

6.

The actual floor space of mezzanines, interior balconies, and lofts.

B.

Excluded from Floor Area. Floor area does not include:

1.

Unenclosed balconies, decks, porches, and stairs;

2.

Substandard height portions of attics and basements (per Title 16, Buildings and Construction);

3.

The area within a building adjacent to, and in an imaginary horizontal plane with, interior balconies, mezzanines, or lofts.

(Ord. 2008-2 Div. II (part), 2008.)

Floor area ratio (FAR) is the ratio of the floor area of all principal and accessory buildings on a lot to the lot area. To calculate FAR, floor area is divided by lot area, and typically expressed as a decimal. For example, if the floor area of all buildings on a lot totals 20,000 square feet, and the lot area is 10,000 square feet, the FAR is expressed as 2.0.

(Ord. 2008-2 Div. II (part), 2008.)

Lot coverage is the ratio of the footprint of all structures on a lot to the lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, and roofed

porches, shall be summed in order to calculate lot coverage. The following structures shall be excluded from the calculation:

A.

The following unenclosed and unroofed structures: porches, landings, balconies, and stairways less than three feet in height;

B.

Unenclosed and unroofed decks less than eighteen inches in height;

C.

Eaves and roof overhangs projecting up to four feet from a wall;

D.

Trellises and similar structures that do not have solid roofs;

E.

Swimming pools and hot tubs that are not enclosed in roofed structures.

(Ord. 2008-2 Div. II (part), 2008.)

The width of a garage is not limited to the garage door, but is considered the width of that portion of a building facade that is backed by a garage space. It is measured from midpoint to midpoint of any enclosing walls that lie perpendicular to the garage door or entry.

(Ord. 2008-2 Div. II (part), 2008.)

Sign height is measured in the same method as other structures (See Section 19.03.050). Calculation of sign area is described in Section 19.26.080.

(Ord. 2008-2 Div. II (part), 2008.)

Part II. - Base District Regulations Chapter 19.06 - RESIDENTIAL DISTRICTS

Sections:

The specific purposes of the residential districts are to:

A.

Preserve, protect, and enhance appropriately located areas for residential land use, consistent with the City's General Plan. Prohibit incompatible uses. Preserve and enhance the character of existing residential neighborhoods by limiting encroachment of new buildings and activities that are out of scale and character with the surrounding uses.

B.

Promote suitably located housing and services for all age groups within the city. Encourage diverse housing types, such as live-work units, studio spaces, townhouses, co-housing, congregate care, and garden apartments.

C.

Establish development standards that maintain and enhance neighborhood appearance, neighborhood character, and quality of life. Encourage higher-quality design through the use of well-crafted and maintained buildings and landscaping, use of higher-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.

D.

Protect sensitive environmental areas and features, including hillside areas, creeks, and biological resources; and protect against hazards related to earthquakes, unstable terrain, and wild fires.

E.

Ensure adequate provisions of appropriate public and semi-public land uses such as parks, playgrounds, churches, day-care centers, open spaces, and home occupations, needed to accommodate residential densities.

The additional purposes of each residential district are:

RS Single-family Residential. To promote and protect single-family neighborhoods at a base density of up to 10 dwelling units per net acre; and to minimize the out-of-scale appearance of large homes and development relative to their lot size and slope, and relative to adjacent homes in the neighborhood. Certain areas of the RS district areas are intended to: protect sensitive hillside areas from extensive development; protect against hazards related to earthquakes, unstable terrain, and wild fires; protect sensitive environmental areas and features; and provide sites for larger, distinctive residences. The RS District is split into four separate subsets guiding the minimum size of each lot and other development standards such as minimum lot depth and width and setbacks—RS-5 would be a minimum lot size of 5,000 square feet, RS-7.5 = 7,500 square feet, RS-10 = 10,000 square feet, and RS-20 = 20,000 square feet.

RD Duplex Residential. To accommodate more intensive forms of residential development, including duplexes, townhouse projects, apartments, and small-lot, single family residential uses, at a density of 11 to 20 dwelling units per net acre. The RD district is intended to provide greater housing choice in the city for different family sizes and incomes. The RD district is also intended to be located closer to community and retail services than RS zones, such as neighborhood shopping centers, and near minor and major collector streets where greater access can be provided. These areas should also be adequately served by parks and open space.

district is intended to provide greater housing choice in the city for different family sizes and incomes. The RD district is also intended to be located closer to community and retail services than RS zones, such as neighborhood shopping centers, and near minor and major collector streets where greater access can be provided. These areas should also be adequately served by parks and open space.

RM Multi-family Residential. To provide opportunities for multi-family residential development in a welldesigned environment at a density of 21 to 35 dwelling units per net acre. Additional density can be achieved

through the approval of density bonuses and other incentives. The RM district is intended to be located in areas where higher traffic volumes and buildings can be accommodated. These developments should be located outside of single-family residential communities, and where services and transportation systems are adequate to serve the increased densities. The RM district is further intended to achieve design compatibility between new multi-family development and surrounding less intensive residential neighborhoods by establishing physical development standards and performance standards.

(Ord. 2008-2 Div. II (part), 2008.)

19.06.020 - Land use regulations.

Table 19.06-A prescribes the land use regulations for residential districts. The regulations for each district are established by letter designations as follows:

"P" — Uses permitted as-of-right that require no discretionary review (i.e., use permit, variance) if in compliance with all standards. May be subject to zoning clearance review, See Chapter 19.33.

"L" — Uses permitted as-of-right subject to limitations restricting location, size or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 19.06-A.

"A" — Uses subject to Administrative Use Permit discretionary review by the Zoning Administrator.

"C" — Uses subject to a Conditional Use Permit discretionary review and public hearing by the Planning Commission.

"—" — Uses that are not permitted.

The "Additional Regulations" column includes specific regulations applicable to the use classification, located elsewhere in this Zoning Ordinance. Use classifications are defined in Chapter 19.46, Use Classifications. Use classifications not listed in the table below are prohibited. Definitions can be found in Chapter 19.47, Terms and Definitions.

TABLE 19.06-A

USE REGULATIONS - RESIDENTIAL DISTRICTS

L-1: Location limitations; see Additional Regulations.

Transitional and supportive housing are allowed in all zoning districts under the same standards as other types of permitted residential uses.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2015-01, § 2, 1-6-2015; Ord. No. 2017-04, § 3, 6-6-2017)

Table 19.06-B prescribes the development regulations for residential districts, including lot dimensions, building form and location, pedestrian orientation, vehicle accommodation and other standards. The "Supplemental Regulations" column indicates more detailed explanations or regulations that follow the table (in paragraphs indicated by letter designation) or that are located elsewhere in this Zoning Ordinance.

TABLE 19.06-B

DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS

A.

Maximum Density in the RM District. The following table sets forth the minimum lot area for a given number of units under 12 units. When a lot is irregular, the minimum lot area shall be as determined by the Zoning Administrator but at least 10 percent greater than the following table.

TABLE 19.06-C

MAXIMUM DENSITY IN RM DISTRICT

Number of Units Minimum Lot Size (sq. ft.)

• 1,000 sq. ft. additional for corner lots

B.

Substandard Lot Standard. Any lot or parcel of land of less area or width than that required by the regulations for the district in which it is located may be used and/or developed as a building site subject to approval of a variance or certificate of compliance only if it was a lot of record on October 19, 1953 and the following standards are met:

1.

Required Improvements. All lots adjoining a public right-of-way shall install all required improvements in compliance with applicable development standards and use regulations, unless the Planning Commission approves a variance or waiver in accordance with the provisions of this Zoning Ordinance.

2.

RS District. No dwelling, other than a single family home, shall be constructed on any building site in the RS district containing less than 5,000 square feet of area.

3.

RD and RM Districts. Up to two units may be constructed on any building site in the RD and RM districts containing less than 5,000 square feet of area, or less than 45 feet average width, with the approval of a Conditional Use Permit.

C.

Minimum Setbacks. Minimum setbacks are as stated in Table 19.06-B. Illustrations are provided below for clarification. See Figure 19.06-A.

==> picture [440 x 267] intentionally omitted <==

D.

Main Building Envelope — RS District. The envelope within which a main building on a site may be constructed is defined by minimum setback requirements, maximum height limits, and required daylight planes.

1.

RS District. In the RS district, both maximum building height and the height of the required daylight plane vary according to lot slope, in the slope ranges specified in Table 19.06-D. See Section 19.03.070 for calculating lot slope.

a.

Maximum Building Height. Table 19.06-D lists the building height allowed by-right, referred to as "Base Height." Additional building height, up to the maximum height stated in Table 19.06-D, may be allowed upon the granting of a Conditional Use Permit consistent with the provisions of Section 19.06.030(D)(3). See Section 19.03.050 for measuring building height.

b.

Required Daylight Planes. Required daylight planes extend from all required setback lines at a specified height above grade, then upward and inward toward the center of the site at a 45-degree angle from horizontal. Table 19.06-D states the maximum height at the setback line from which the daylight plane is defined. See Figure 19.06-B.

TABLE 19.06-D

HEIGHTS IN RS DISTRICT

2.

Projections Beyond Height Limits and Daylight Planes. Permitted projections beyond height limits and daylight planes are listed below. In any case where the dimensions of allowed projections specified below differ from those of Section 19.06.030(F), the more restrictive provision shall govern.

a.

Chimneys up to 20 square feet in horizontal area. Chimneys may project up to 10 feet beyond the maximum height limit.

b.

Dormers, provided that they are no more than 15 feet in width and do not occupy more than 20 percent of the total roof area.

c.

Bay windows, not exceeding eight feet in length, up to a maximum of two feet projection past the main envelope.

d.

Cornices, eaves, canopies, up to a maximum of two feet projection past the main envelope.

e.

Other minor projections up to two feet that collectively do not extend more than 50% of the length of one side of the building.

f.

Skylights, up to one and one half foot above the level of the roof.

Height increases beyond those stated above shall require a variance.

3.

Exceptions to Main Building Envelope. Exceptions to the main building envelope may be permitted with a Conditional Use Permit or an Administrative Use Permit as follows:

a.

Conditional Use Permit. The Planning Commission may consider the granting of exceptions to the standards set forth herein for single-family dwellings with respect to vertical and inclined setbacks and height limits, with a Conditional Use Permit pursuant to Chapter 19.34, Use Permits. In addition to the findings specified in that Chapter, the following findings must be met:

==> picture [418 x 546] intentionally omitted <==

i.

The proposal when viewed in its entirety represents a superior design solution to that which would be possible if the project were built in full compliance with the required standards for the main building envelope, and will not cause a significant adverse impact on residences to the side, rear or directly across the street with respect to solar access, view blockage and privacy.

ii.

For Conditional Use Permits that allow height increases, the proposal causes the least practicable impact on neighbors in terms of views, privacy, and solar access; and provides detailing, articulation, and other design treatments that mitigate any bulk created by the additional height.

Height increases beyond the maximum height allowed in Table 19.06-B shall be subject to a variance.

b.

Administrative Use Permit for Reduced Rear Yard. The minimum rear yard dimension may be reduced to ten feet for single-story portions of single family dwellings in the RS District, subject to an Administrative Use Permit, provided that all of the following are met:

i.

A usable yard area (determined by multiplying the minimum rear setback requirement with the actual width of the lot) is maintained permanently in the rear half of the lot. See Figure 19.06-C.

ii.

The minimum rear yard dimension reduction will avoid or reduce an upper-story addition, and there will be no adverse impact on adjacent properties.

==> picture [406 x 326] intentionally omitted <==

E.

Maximum Height of Downslope Skirt Walls. On a downslope lot, the skirt wall which covers the unfinished understory of the home shall not be greater than six feet in height if lot slope is 40 percent or less; and eight feet if lot slope exceeds 40 percent. The height of the skirt wall shall be measured from finished grade to the floor level of the lowest floor that is above ground. Greater height may be approved with an Administrative Design Review pursuant to Chapter 19.38, Design Review, provided that the wall has an architectural treatment that minimizes the unattractive blank wall surface. Acceptable treatments include but are not limited to: a different but compatible surface material than the rest of the building; a minimum five-foot projection from the floor above covered with a deck; a minimum two foot recess from the floor above; or covering the skirt wall with a trellis on which plant material grows and is maintained. See Figure 19.06-D.

==> picture [371 x 259] intentionally omitted <==

F.

Projections. Projections are permitted in all residential districts except where specified subject to the following standards:

1.

Projections Into Yards — Architectural Features. Architectural features, such as cornices, eaves, canopies, chimneys, and bay windows not exceeding 10 feet in length may not extend closer than three feet to the side lot line, nor more than three feet into any required front or rear setback. On corner lots, street side, such architectural features may not extend closer than five feet to the side lot line. Exceptions allowed with a conditional use permit.

2.

Projections Into Yards — Stairs, Decks and Balconies. Open, uncovered stair landings, decks and balconies 12 feet or less in length and less than six feet above grade may not extend closer than three feet to the side lot line, nor project more than three feet into the minimum front setback, or six feet into the rear setback in any residential area. On corner lots, street side, and beside public paths, such structures may not extend closer than five feet to the side lot line. Exceptions allowed with a conditional use permit.

Projections above the Height Limit for RD and RM Districts. The following features may exceed the maximum height limit as specified:

a.

Elevator or stair towers, not exceeding 10 percent of the roof area, and no more than 10 feet above the level of the roof, in buildings with three or more residential units.

b.

Skylights, up to one foot above the level of the roof.

c.

Fire escapes, catwalks, and open railings required by law.

d.

Rooftop open space features in buildings with three or more residential units, such as seating, sunshade and windscreen devices, benches, open railings, and landscaping, up to 10 feet above the level of the roof.

==> picture [430 x 246] intentionally omitted <==

G.

Minimum Distance Between Buildings and Minimum Size of Courts. In the RM district, courts within or between buildings that have parking, front doors to units, or primary living area windows (as designated by the developer) shall have a minimum dimension of twenty feet.

H.

Building Entrance. The principal entryway of each residential building shall incorporate a projection, recess, or combination of projection and recess of at least 20 square feet, with a minimum depth of four feet.

I.

Facade Articulation. In the RM district, all street-facing facades shall have at least one horizontal or vertical projection or recess at least four feet in depth, or two projections or recesses at least two and one-half feet in depth, for every 25 linear feet of wall. The articulated elements shall occupy at least 50 percent of the height of the structure, and may be grouped rather than evenly spaced in 25 foot modules. Exceptions to this rule may be granted by either the Planning Commission via a use permit or through the review of the Design Review Board.

==> picture [349 x 158] intentionally omitted <==

J.

Windows and Trim. All windows shall have articulation that creates architectural interest and shadow, achieved either with the window recess, trim, or an alternative design that meets this objective as determined by the Zoning Administrator.

K.

Design of Building Additions. Design elements used in additions to existing buildings, including but not limited to exterior materials, colors, windows, railings, porches, and decorative elements, shall be designed in a manner which is substantially and compatible with the design elements of the existing building. The Zoning Administrator shall make determinations of design compatibility. Exceptions may be granted through the design review process pursuant to Chapter 19.38, Design Review.

L.

Curb Cuts and Driveways. For lots less than one acre, a maximum of one curb cut for a driveway entrance to parking is permitted, except that for single-family homes on lots with at least 80 feet of street frontage, two curb-cuts for circular driveways are permitted. Exceptions may be approved with a Conditional Use Permit, pursuant to Chapter 19.34, Use Permits. See Figure 19.06-G.

M.

Maximum Driveway Width. In a street-facing yard, the maximum width of a driveway leading to parking facilities is 18 feet. See Figure 19.06-G. In the case of a three-car attached garage, the maximum width of a driveway is 27 feet. This does not apply to the size of the associated curb cut on public or private streets.

==> picture [372 x 348] intentionally omitted <==

N.

Limitations on Parking and Garage Frontage. The following standards apply to parking and garage frontage.

1.

Detached Garages. Detached garages are subject to the following standards:

TABLE 19.06-E

DETACHED GARAGE STANDARDS

Maximum Width of Garages and Carports. Detached garages and carports within 30 feet of a front or streetfacing side lot line shall be no more than 20 feet in width. In addition, all attached garages and carports located within 30 feet of a front or street-facing side lot line shall not exceed 50 percent of the width of the residential facade. Exceptions may be allowed with design review. See Figure 19.06-H.

==> picture [302 x 306] intentionally omitted <==

3.

Required Garage, Carport or Uncovered Parking Location to the Side or Rear of a Residence in Certain Cases. Garages, carports, or any uncovered parking spaces shall be located to the rear or side of any principal residential structure, and at least 30 feet from the front lot line, if at least 60 percent of the buildings in the immediate context have garages, carports and uncovered parking located at a depth of at least 30 feet from the front lot line. The immediate context shall consist of the five closest lots on each side of the project site plus the 10 closest lots on the opposite side of the street.

4.

Location of Parking for Single-family Dwellings. Parking shall only be allowed in designated covered or uncovered paved or otherwise hardscaped spaces or in a designated driveway.

5.

Location of Parking for Multi-family Dwellings. For projects with three or more residential units, no open parking or structured parking more than four feet above grade shall be located within 30 feet of a front or corner side property line. Exceptions may be approved with a Conditional Use Permit. See Figure 19.06-I.

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O.

Maximum Paving in Street Facing Yards. No more than 50 percent of the required front or corner side yard may be covered with a paved surface. See Figure 19.06-G.

P.

Minimum Site Area Devoted to Landscaping. In the RM district, no less than 15 percent of any site shall be devoted to landscaping. With the exception of areas for entry and exit, all required front and street side setbacks shall be landscaped and such areas shall be credited to the required landscaping.

Q.

Required Planting on Downslope Lots. On all downslope lots with a ground slope greater than 10 percent, a minimum of three trees and three shrubs shall be planted in the downslope rear yard. Trees shall be of a species that is not highly flammable, and that does not have low branches close to the ground that could pose a fire hazard. Shrubs shall be located away from the base of the wall and tree trunks to minimize fire danger. See Figure 19.06-D.

R.

Open Space Requirements.

1.

Common Open Space. Common usable open space shall be provided in the ratio of 150 square feet for each dwelling unit on the lot. Common usable open space permanently maintained shall conform to the following standards:

a.

Usability. A surface shall be provided which inhibits dust and allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable surface. Slope shall not exceed ten percent. Areas devoted to off-street parking or loading facilities, including access ways and service areas, shall not be considered usable open space.

b.

Location. The space may be located anywhere on the lot, including the roof of the building, garage or carport, except within a required front setback, and provided the design review board shall have determined that such space is so designed and located as to be fully usable by the residents of the development. A maximum of 30% of the total common open space may be rooftop open space; greater amounts require approval of a Conditional Use Permit.

c.

Dimension. An open space area shall only be counted toward meeting the common open space requirements, if no side is less than 15 feet. Common open space provided in excess of the amount required shall not be limited by this dimension requirement. When space is located on a roof, the area occupied by vents or other structures not provided to enhance the usability of the space shall not be counted toward meeting requirements of dimension or minimum size.

d.

Accessibility. The open space shall be accessible to all of the dwelling units on the lot, and may be served by any access way, elevator, or other lawful access facility. Disabled access to the open space shall also be provided.

e.

Openness. There shall be no obstructions above the space except for devices to enhance the usability of the space.

2.

Private Open Space. A minimum of 80 percent of the dwelling units on a lot shall be provided with private usable open space permanently maintained and conforming to the following standards:

a.

Usability. A surface shall be provided which inhibits dust and allows convenient use for outdoor activities, and shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable

surface. Areas devoted to off-street parking or loading, including driveways and service area, shall not be considered usable open space. Balconies may be considered private open space.

b.

Location. The space may be located anywhere on the lot except within the required front setback and shall be adjacent to the dwelling unit served.

c.

Size and Shape. A ground-level space shall be not less than 100 square feet in area, and it shall have no dimension less than eight feet. Above ground-level space shall not be less than fifty square feet in area, and said space shall have no dimension less than five feet.

d.

Accessibility. The space shall be accessible from only one dwelling unit, by a doorway to that unit.

e.

Openness. There shall be no obstructions over ground-level space except for devices to enhance the usability of the space. Above ground-level space shall have at least one exterior side open and unobstructed, except for incidental railings or balustrades for eight feet above floor level.

3.

Substitution of Private Open Space for Common Open Space. For every square foot of private open space provided over and above that required, the amount of common open space required may be reduced by one square foot.

S.

Pedestrian Walkways. Where more than four units are provided on a lot, a walkway which is distinct, separate, and physically protected from any adjacent driveway or parking area, shall be required to provide access from the public right-of-way to the dwelling units.

T.

Accessory Building Standards. One accessory building is allowed per parcel. This is in addition to a detached garage and/or accessory dwelling unit. Accessory structures, other than garages and accessory dwelling units, are subject to the following standards See Figure 19.06-J:

TABLE 19.06-F

ACCESSORY BUILDING STANDARDS

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U.

Walls, Fences and Overhead Landscape Features.

1.

Walls, Fences and Overhead Landscape Features Height and Separation. The following standards in Table 19.06.G shall apply. All fences and decorative walls require a fence clearance application.

2.

Maximum Height — Walls and Fences in Street Facing Yards. Walls and fences in a front yard or street side yard may be a maximum of six feet in the following circumstances with a Conditional Use Permit, provided that at least 40 percent of the fence surface area is open and transparent and that no solid portion of the fence above three feet in height is within 10 feet of a driveway or alley.

a.

Lots that front on major arterials as identified in the General Plan.

b.

Lots that front on heavily used pedestrian routes and ways, including those on public streets.

c.

Lots where deer and other animals intrude into yards on a regular basis.

3.

Overhead Landscape Features — Allowable Height and Location.

a.

Overhead landscape features, such as, but not limited to, arbors, pergolas and trellises may locate in the front yard or street side setback provided that the overhead yard feature is:

i.

No higher than 8 feet measured from finished grade at any point.

ii.

At least 6 feet from any structures on the property.

iii.

Does not obstruct visibility to vehicular and pedestrian traffic.

iv.

Requires a fence and overhead yard feature clearance application through the Planning Division and a building permit through the Building Division.

v.

No more than two (2) overhead landscape features are located in the front yard. Exceptions may be granted with an administrative use permit.

b.

Overhead landscape features, such as, but not limited to, arbors, pergolas and trellises may locate elsewhere on the property, not in the front yard or street side setback, provided that the overhead yard feature is:

i.

No higher than 15 feet measured from finished grade at any point.

ii.

At least 6 feet from any structures on the property.

iii.

Requires a building permit through the Building Division.

TABLE 19.06-G

WALLS, FENCES AND OVERHEAD LANDSCAPE FEATURES — HEIGHT AND SEPARATION

Note: All fences and decorative walls require a fence and overhead landscape feature clearance application through the Planning Division. Overhead landscape features are not classified as accessory structures.

1 Fences constructed of masonry materials (bricks, concrete, stucco, etc.) and all retaining walls require a building permit.

2 See subsections (2) and (3) below.

3 All overhead landscape features require a building permit.

4.

Combined Fences and Retaining Walls. Where a fence is constructed on top of an above-ground retaining wall, and located on a side or rear property line separating two properties, the maximum height shall be measured from the midpoint height of the retaining wall. See Section 19.03.050(D).

5.

Fence Design and Materials.

a.

Fencing visible from a street, except fencing for single-family detached homes, shall be treated as an integral part of the architecture, with materials, colors and detailing drawn from the building they surround or adjoin.

b.

Fences for multifamily dwellings of 5 units or more shall be decorative masonry or stucco, subject to design review approval.

c.

Chain link fencing is not a permitted material for any fences fronting on a street.

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(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, §§ I—VI, 4-20-2009; Ord. No. 2017-04, § 3, 6-6-2017)

19.06.040 - Review of plans.

All development is subject to development review under the City's administrative provisions, found in Part V, Administration of this Zoning Ordinance.

A.

Procedure for Public Notification of Certain Single-Family Dwelling Construction. See Section 19.32.050(F) for requirements for submittal of preliminary design plans for any construction of single family dwellings of more than one story, including additions to single family dwellings which would add an additional story, or expand any story in excess of a main story.

B.

Design Review Required. Design review may be required for certain types of projects, not including single family homes, that comply with all development standards and other requirements of this Title. See Chapter 19.38, Design Review.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.07 - COMMERCIAL AND TRANSIT-ORIENTED MIXED-USE DISTRICTS

Sections:

19.07.010 - Purpose.

The specific purposes of the commercial and transit-oriented mixed-use districts are to:

A.

Provide appropriately located nodes and areas for commercial activity ranging from neighborhood convenience stores to community shopping centers and regionally oriented specialty stores and that reflect a full mixture of office, retail commercial, service commercial, and small-scale specialty manufacturing uses, consistent with the City's General Plan.

B.

Maintain a diversity of commercial land uses to ensure stability during economic cycles and enrich the lives of residents, specifically including the encouragement of small businesses. Strive to provide employment opportunities close to home for residents of the city and surrounding communities.

C.

Encourage a mix of uses that promotes such community values as convenience, economic vitality, fiscal stability, public safety, a healthy environment, and a pleasant quality of life. Encourage mixed-use development, especially offices or housing over ground-floor retail uses, where commercial uses are allowed.

D.

Ensure that projects incorporate high quality design, amenities for users of the developments (which may include community serving facilities), and planning and design features that promote crime prevention.

E.

Encourage a variety of commercial and mixed-use development that enhances the unique character and opportunities of specific areas: higher densities and mix of uses in the three development nodes identified in the General Plan; mixed use centers along San Pablo Avenue and side streets that provide the opportunity for people to walk among businesses, employment, and residences; and small commercial centers within residential neighborhoods.

F.

Encourage transit-oriented development along the San Pablo Avenue corridor.

The additional purposes of each commercial and transit-oriented mixed-use district are:

CN Neighborhood Commercial. To create, maintain, and enhance mixed-use, neighborhood-serving commercial areas that reflect smaller-scale, pedestrian-oriented development with continuous street frontage and a mix of uses. Retail, restaurant, and personal service uses that serve immediate day-to-day convenience shopping and services are encouraged. Ensure that land uses and buildings are compatible with the character and scale of the surrounding residential neighborhood. Residential and office uses are encouraged on upper floors.

TOM Transit-Oriented Mixed Use. To create, maintain, and enhance activity center nodes around BART stations and along transportation corridors and San Pablo Avenue that provide a mix of commercial, office and higherdensity residential uses in a pedestrian-oriented setting. The TOM district is intended to encourage groundfloor, pedestrian-friendly retail sales and personal service uses with upper floors of office and residential uses. It

also is intended for residential, office uses and live/work space, including administrative, professional, medical and dental offices, arts and crafts galleries and studios and "high-tech" research and development uses and laboratories, as well as limited, small scale specialty manufacturing uses compatible with surrounding neighborhoods. A focus in this zone is to create defined pedestrian and bicycle "paths" to transit facilities from surrounding neighborhoods.

CC Community Commercial. To create, maintain, and enhance areas of the city that are appropriate for a wide variety of commercial and institutional uses along the city's major transportation corridors, and in shopping districts or centers. These centers are intended to serve as centers of commercial activity and may include both pedestrian- and auto-oriented development. Residential uses are also allowed, particularly on upper floors.

(Ord. 2008-2 Div. II (part), 2008.)

19.07.020 - Land use regulations.

Table 19.07-A prescribes the land use regulations for commercial and mixed-use districts. The regulations for each district are established by letter designations as follows:

"P" — Uses permitted as-of-right that require no discretionary review if in compliance with all standards.

"L" — Uses permitted as-of-right subject to limitations restricting location, size or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 19.07-A.

"A" — Uses subject to an Administrative Use Permit following discretionary review by the Zoning Administrator.

"C" — Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission.

"—" — Uses that are not permitted.

The "Additional Regulations" column includes specific regulations applicable to the use classification, that are located elsewhere in this Zoning Ordinance. Use classifications are defined in Chapter 19.46, Use Classifications. Use classifications not listed in Table 19.07-A are prohibited. Definitions can be found in Chapter 19.47, Terms and Definitions.

TABLE 19.07-A

USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS

L-1: Permitted if an existing use; new uses are prohibited. See Chapter 19.27: Nonconforming Uses and Structures.

L-2: Not allowed on the ground floor along San Pablo, Stockton and Fairmount Avenues without a conditional use permit.

L-3: Permitted if occupying less than 5,000 sq. ft.; conditional use permit required if larger.

L-4: Not permitted as a principal ground floor use on a street where retail storefronts occupy 50 percent or more of the blockface, without a conditional use permit.

L-5: Permitted on the ground floor if occupying less than 3,000 sq. ft.; conditional use permit required if larger.

L-6: Residential or mixed use projects with 25 residential units or more require a conditional use permit.

L-7: Location limitations; see Additional Regulations.

Transitional and supportive housing are allowed in all zoning districts under the same standards as other types of permitted residential uses.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, § VII, 4-20-2009; Ord. No. 2015-01, § 2, 1-6-2015; Ord. No. 2015-08, § 2.C., 10-6-2015; Ord. No. 2017-04, § 3, 6-6-2017)

19.07.030 - Development standards.

Table 19.07-B prescribes the development standards for the commercial and transit-oriented mixed use districts. The "Supplemental Regulations" column indicates more detailed explanations or regulations that follow the table (in paragraphs indicated by letter designation) or that are located elsewhere in this Zoning Ordinance. Exceptions to development standards in this section may be granted with a conditional use permit unless otherwise stated.

TABLE 19.07-B

DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED USE DISTRICTS

A.

Maximum Residential Density.

1.

Calculation of Residential Density and FARs for Mixed Use Projects. Permitted residential densities for mixeduse projects shall be in addition to floor area ratios permitted for commercial uses in Table 19.07-B above, within the limits of all required yard, height and other developments standards.

2.

Density Bonuses. If a Conditional Use Permit is approved under the Incentive Program, an increased density of up to 45 units per acre may be granted by the Planning Commission. If a Conditional Use Permit is approved under the State Affordable Housing Density program, an increased density of up to 48 units per acre may be granted by the Planning Commission (or up to 70 units per acre for housing for elderly and disabled persons if services are provided).

B.

Building Height. Additional height may be allowed at specific nodes or other locations designated in the General Plan, design guidelines or specific plans adopted by the City Council. If not otherwise designated in the General Plan, design guidelines or specific plans, additional height may be allowed in the CC and TOM districts with the approval of a Conditional Use Permit. Additional findings for approval of a use permit for additional height in these districts are as follows:

1.

The building(s) provide an appropriate transition in scale to structures in adjacent residential districts.

2.

The building(s) attempt to minimize shadows or the "canyon effect" on public sidewalks and open spaces through stepbacks at upper levels or other design elements.

C.

Building Setback on Street Frontages. Buildings in the commercial districts shall be located between zero and 10 feet from property lines facing a street, for at least 80 percent of the linear street frontage of the property in the CN and TOM districts and for at least 70 percent of the linear street frontage of the property in the CC district. See Figure 19.07-A.

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1.

CN and TOM Districts. Up to 25% of the area between the property line and the building in the CN and TOM districts may be landscaped, subject to the following standards; all other setback areas shall be paved for public use, and a public access easement for that area shall be granted. All landscaping shall be integrated into the building; the use of planter boxes at windows is encouraged.

2.

CC District. In the CC district, the area between the property line and the building may be landscaped.

D.

Minimum Yard Requirements—Building Transition Zone Adjacent to Residential Districts.

1.

For any portion of a structure adjacent to a residential district boundary (adjoining, opposite or across the street from a district boundary, including structures across from, but separated by, the Ohlone Greenway), the minimum required setbacks of the residential district shall apply.

2.

To protect privacy and minimize sunlight blockage, structures shall not intercept a 45-degree daylight plane inclined inward starting from a height of 35 feet above existing grade at the setback line. See Figure 19.07-B.

Exceptions to the above requirements are permitted for a one-story parking or garage structure that does not exceed 10 feet in height in a side or rear yard that does not front on a street.

E.

Public Open Space. For buildings over 25,000 square feet, outdoor open space which is accessible to the public during daytime hours shall be provided at a ratio of 25 square feet per 1,000 square feet of building. Open space(s) shall be visible from a public street and shall be located within 40 feet of the street-facing property line. Exceptions may be granted with a conditional use permit.

F.

Limitations on Location of Parking.

1.

Commercial and mixed-use buildings shall be placed as close to the street as possible in accordance with Section 19.07.030.C (previous), with parking located either underground, behind habitable space, or on the interior side or rear of the site. See Figure 19.07-C.

2.

Above ground parking associated with a commercial or mixed-use project may not be located within 40 feet of a street facing property line — driveways excepted. Exceptions may be granted with the approval of a Conditional Use.

3.

Permit, for projects that do not meet this standard, including projects with parking on upper levels. Additional findings for approval of a Conditional Use Permit for exceptions to this regulation are as follows:

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a.

The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible; and any parking within 40 feet of the street facing property line is well screened with a wall, hedge, trellis, and/or landscaping.

b.

The site is small and constrained such that underground parking or surface parking located more than 40 feet from street frontages is not feasible; or the proposed use is a large-size commercial use where some surface parking is required and is not in the TOM district near the BART stations.

Freestanding, single-purpose parking structures shall be allowed with a Conditional Use Permit and shall be subject to design review.

5.

See Chapter 19.24, Off-Street Parking and Loading for additional parking facility requirements.

G.

Limitations on Curb Cuts.

1.

Curb cuts are limited to a maximum of 25 feet of linear frontage per property, which may be achieved through a combination of one or two separate curb cuts. Additional area for curb cuts may be allowed with an Administrative Use Permit for properties over 25,000 square feet where it can be demonstrated that additional cuts are necessary to protect pedestrian safety or accommodate total vehicular traffic. See Figure 19.07-C.

2.

Curb cuts shall be located in the location least likely to impede pedestrian circulation.

3.

Shared curb cuts among abutting properties are encouraged whenever possible, to minimize curb cuts.

H.

Limitations on Location of Truck Docks; Loading and Service Areas. Truck docks, loading and service areas shall not be located within 50 feet of any residential district boundary or within 40 feet of a street-facing property line. These facilities shall be located at the interior side of buildings or on the rear of the site and be screened so as not to be visible from public streets. Exceptions may be granted with approval of a Conditional Use Permit if an alternative location for the truck dock, loading and/or service area better protects the pedestrian environment of the commercial district, better shields adjoining residential neighborhoods from noise and visual impacts, or the lot is sized or shaped preventing these regulations from being met.

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I.

Building Design Features. The Planning Commission or Design Review Board in accordance with Chapter 19.38 shall make a finding that the commercial or mixed-use structure provides adequate design features to create architectural interest and avoid a large-scale, bulky and "box-like" appearance. Different ways that this finding may be met include but are not limited to those listed and illustrated below. See Figures 19.07-D and 19.07-H. The drawings and photos are intended to illustrate the concept, and do not represent an ideal design that applicants should attempt to replicate.

1.

Variety in Wall Plane. The planes of the exterior walls vary in depth and/or direction. Instead of having a continuous flat wall, the wall has either offsets with significant depth, or a repeated pattern of offsets of smaller depth. See Figure 19.07-D.

2.

Variety in Roof Forms. The roof forms or roof heights vary over different portions of the building. See Figure 19.07-E.

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3.

Variety of Height for Different Massing Elements. The height of the building varies so that it appears to be divided into distinct massing elements. See Figure 19.07-F.

4.

Modules Articulated by Change in Plane, Color, or Materials. The different modules of a building's facade are articulated by use of a change in plane, color, arrangement of facade elements, or a change in materials. See Figure 19.07-G.

Facade Design Incorporates Architectural Detail. A flat building facade incorporates details such as window trim, window recesses, cornices, changes in material, color or other design elements in an integrated composition. Some of the architectural features of the main facade are incorporated into the rear and side elevations. See Figures 19.07-H and 19.07-I.

6.

Use of Balconies, Bay Windows, and other such Projections or Recesses. The building incorporates balconies, bay windows, entry porches or other projections and recesses in a pattern that creates architectural interest across the length of the facade. This is most typically found on buildings that include residential uses.

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J.

Blank Walls. No unadorned blank walls shall be permitted on the storefront side. Other building walls over 24 feet in height or 50 feet in length shall include an offset, recess, or projection at least one foot in depth, providing shadows or visual interest for at least 25 percent of the frontage. See Figure 19.07-J.

K.

Building Orientation.

1.

All buildings located along a public street shall be oriented toward, and have their primary entrances toward, the public street.

2.

On properties that border the Ohlone Greenway, buildings shall also have windows facing onto the greenway.

3.

All buildings and dwelling units located in the interior of a site shall have entrances from sidewalks that are designed as an extension of the public sidewalk and connect to a public sidewalk.

L.

Ground Floor Requirements. The following standards apply with respect to ground floor construction. Exceptions may be granted with approval of a Conditional Use Permit.

1.

Building materials used on the ground floor shall be high quality durable materials. The portions of the building two feet above grade that front the public sidewalk shall be constructed of concrete, stone, tile, masonry or other equivalent quality material, rather than wood or stucco. Exceptions may be granted by the Planning Commission or Design Review Board in accordance with Chapter 19.38.

2.

There shall be a same or greater level of detail and articulation of the ground floor than the upper floors of a building. See Figure 19.07-K.

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M.

Building Transparency. A minimum of 60 percent of a building's frontage shall provide views into the building's interior through windows, window displays, or doors with a zone of transparency of between two and six feet above grade. See Figure 19.07-K.

N.

Open Space Requirements for Residential Uses. A minimum of 100 square feet of open space is required per residential unit and may be provided as common or private open space.

O.

Required Side and Rear Yards for Residential Uses in the Community Commercial (CC) Zones. In order to provide light and air for residential units, the following minimum setbacks apply for any side or rear yard not fronting a street. When the site is adjacent to a residential district, the standards of subsection (D) also apply, and the project must comply with whichever standard is stricter. Required depths of setbacks shall be as follows:

1.

Five feet for any wall with windows.

10 feet for any wall with bedroom or kitchen windows.

3.

15 feet for any wall with living room or other primary windows.

4.

The building shall be set back one foot for every two feet of height above 35 feet. See Figure 19.07-L.

The length of the required setbacks must be at least the width of the window plus three feet on either side, and never less than 10 feet:

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P.

Privacy and Parking Location for Ground-Floor Residential Uses. In order to provide privacy for any permitted ground-floor residential units, the ground floor may be elevated up to four feet above the sidewalk level subject to the following:

1.

Along Secondary Streets. Structured parking that is no more than four feet above the grade of the public sidewalk and does not have ventilation openings fronting the sidewalk is permitted as-of-right for residential

uses on secondary streets.

2.

Other Locations. Structured parking that is no more than four feet above the grade of the public sidewalk and which is located facing San Pablo Avenue, in the CN district, or which includes natural ventilation openings facing the street shall require approval of a Conditional Use Permit.

3.

Over Four Feet Above Grade. Structured parking more than four feet above the grade of the public sidewalk in any location shall require approval of a Conditional Use Permit. See Figure 19.07-M.

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Q.

Street Trees for Residential Uses. Where residential uses face the street, street trees shall be planted along all street frontages in the one of the following manners:

1.

One row of trees directly abutting the street frontage with spacing to be determined by the Public Works Department.

2.

A double row of trees (depending on staggering and tree species as per the Public Works Department) along the street frontage.

R.

Consistency with Design Guidelines, General Plan, Specific Plans, or Area Plans Adopted by the City Council. All projects shall be consistent with any design guidelines, specific plans, area plans, or other similar documents that give specific guidance for development on private property and public improvements.

S.

Pedestrian Access to Buildings Set Back from the Street. If a Conditional Use Permit is approved for buildings set back farther than the minimum 10-foot setback requirement, the following standards for public access shall apply:

To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining neighborhood residential and commercial areas. These connections shall remain accessible at all times, and not be gated.

2.

To Street Network. Pedestrian access from the public right-of-way to the primary uses on the site shall occur as often as necessary to connect the on-site walkways and the public sidewalk. Landscape strips shall be crossed for pedestrian access at regular intervals. When pedestrian access to a site is in the same location as automobile entries (i.e., at driveways), the auto and pedestrian paths shall be separated from each other by physical barrier (i.e., curb or bollards) with proper cuts and ramps to allow for ADA compliant disabled access. The pedestrian access shall be integrated with the parking lot landscaping so as to provide a shaded walkway.

3.

To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances with public sidewalk and pedestrian walkways. Sidewalk "bulb-outs" or bus "pull-outs" may be required at potential bus stops.

4.

Pedestrian Walkway Design.

a.

Primary pedestrian routes and access points shall be specially treated and include trees at regular intervals, adequate lighting, and paving that distinguishes pedestrian from automobile areas. A minimum five-foot wide clear walkway is required to ensure pedestrian safety.

b.

All dedicated pedestrian routes, including those through parking areas, shall be separated from automobile routes by a curb.

T.

Fencing. Chain link fences visible from public view are not allowed. If fencing visible from public view is used for commercial uses, open work such as wrought iron and metal (tube) fences with design features are preferred, although masonry, stucco and plaster are permitted. Wood fences are not permitted. Commercial parcels abutting residential parcels shall use six (6) foot high masonry, stucco or plaster fences.

U.

Projections.

1.

Projections into Required Yards. Projections into required yards are permitted subject to the following standards:

a.

Architectural Features. Architectural features, such as bay windows not exceeding 10 feet in length, cornices, eaves, canopies, and chimneys may not extend closer than three feet to any side lot line, nor more than four feet into any required front or rear setback.

b.

Stairs, Decks, and Balconies. Open uncovered stair landings, decks and balconies 12 feet or less in length may not extend closer than three feet to any side lot line, nor more than four feet into any required front or rear setback.

2.

Allowed Projections above Height Limits. Projections, including elevator and stair towers, chimneys, silos, cupolas, flagpoles, monuments, water tanks, church steeples, roof furniture and roof equipment, buildingmounted wireless telecommunications, and similar structures and necessary appurtenances, are permitted subject to the following standards:

a.

Projections are allowed up to 10 feet above the height of the roof, or they may be attached to existing projections if they do not increase the height of such projection.

b.

The total area of all projections may not cover more than 10 percent of the top floor roof area.

c.

Exceptions may be granted with a Conditional Use Permit.

d.

All roof mounted mechanical equipment shall be screened from public view.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, § VIII, 4-20-2009)

All development is subject to development review under the City's Administrative provisions, found in Part V of this Title. Certain development may also require design review, pursuant to Chapter 19.38, Design Review.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.08 - PUBLIC AND SEMIPUBLIC DISTRICT

Sections:

19.08.010 - Purpose.

The specific purposes of the PS Public and Semipublic district are to:

A.

Create, maintain, and enhance areas of the City that are appropriate for public or semipublic uses, including, private utilities (electrical, gas, water and telecommunications), schools (both private and public), other private uses of an institutional or community services nature and other city, county, state or federal facilities.

B.

Preserve and protect limited valuable resources, facilities and sites for possible future public use and to allow for careful consideration by the City Council of changes in land use when private institutional uses are no longer viable.

C.

Ensure that public and semipublic land uses protect and enhance the character and quality of life of the surrounding area.

(Ord. 2008-2 Div. II (part), 2008.)

19.08.020 - Land use regulations.

Table 19.08-A prescribes the land use regulations for the public and semipublic district. The regulations for each district are established by letter designations as follows:

"P" — Uses permitted as-of-right that require no discretionary review if in compliance with all standards.

"L" — Uses permitted as-of-right subject to limitations restricting location, size or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 19.08-A.

"A" — Uses subject to an Administrative Use Permit following discretionary review by the Zoning Administrator.

"C" — Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission.

"—" — Uses that are not permitted.

The "Additional Use Regulations" column includes specific regulations applicable to the use classification, and specifies regulations located elsewhere in this Zoning Ordinance. Use classifications are defined in Chapter 19.46, Use Classifications. Use classifications not listed in the table below are prohibited.

TABLE 19.08-A

USE REGULATIONS — PUBLIC AND SEMIPUBLIC DISTRICT

L-1: Permitted if in existence on June 30, 1977, excluding above-ground burials. Otherwise, requires a conditional use permit.

L-2: Limited to facilities related to, and in conjunction, with authorized public and semipublic facilities; otherwise requires a conditional use permit.

(Ord. 2008-2 Div. II (part), 2008.)

19.08.030 - Development standards.

A.

Conditional Uses. If a use permit is required, the use permit shall establish all final development standards.

B.

Other Applicable Development Regulations. The following regulations shall also apply:

(Ord. 2008-2 Div. II (part), 2008.)

All development is subject to development review under the City's administrative provisions, found in Part V of this Zoning Ordinance. Certain development may also require design review, pursuant to Chapter 19.38, Design Review.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.09 - OPEN SPACE AND PARKS DISTRICTS

Sections:

The specific purposes of the open space and parks districts are to:

A.

Create, preserve and enhance land for permanent open space, including environmentally sensitive lands and habitats, creeks, and city parks and recreation facilities that meet community needs for both active recreational use and passive visual enjoyment.

B.

Provide appropriately located areas for public and privately owned lands to be used for low-intensity, open space activities, such as hiking, walking or picnicking and to meet the active and passive recreational needs of the city's residents.

The additional purposes of each open space and parks district are:

OS-N Open Space Natural. To preserve publicly owned parklands, environmentally sensitive lands and habitats, and creeks in their natural state. Uses permitted shall be limited to those that maintain the property in its natural state such as passive recreation.

PR Parks and Recreation. To provide appropriately located areas for recreation and recreational uses. Uses permitted shall be limited to those that are devoted to public recreation, including parks, playgrounds, swimming centers, tennis and basketball courts, golf courses, community centers within the facilities, and accessory concession sales.

(Ord. 2008-2 Div. II (part), 2008.)

19.09.020 - Limits on calculation of parks.

No privately owned parks located in the PR district shall be counted towards parklands or other publicly accessible open space areas required by the General Plan.

(Ord. 2008-2 Div. II (part), 2008.)

19.09.030 - Land use regulations.

Table 19.09-A prescribes the land use regulations for open space and parks districts. The regulations for each district are established by letter designations as follows:

"P" — Uses permitted as-of-right that require no discretionary review if in compliance with all standards.

"L" — Uses permitted as-of-right subject to limitations restricting location, size or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 19.09-A.

"A" — Uses subject to an Administrative Use Permit following discretionary review by the Zoning Administrator.

"C" — Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission.

"—"— Uses that are not permitted.

The "Additional Use Regulations" column includes specific regulations applicable to the use classification, and specifies regulations located elsewhere in this Zoning Ordinance. Use classifications are defined in Chapter

19.46, Use Classifications. Use classifications not listed in the table below are prohibited.

TABLE 19.09-A

USE REGULATIONS — OPEN SPACE AND PARKS DISTRICTS

L-1: Permitted if in existence on June 30, 1977, excluding above-ground burials. Otherwise, requires a Conditional Use Permit.

L-2: Limited to facilities related to, and in conjunction with, park and public recreational facilities. Otherwise, requires a Conditional Use Permit.

L-3: Limited to trails, wildlife preserves and open space uses that maintain the property in its natural state. No building, structure or improvements shall be constructed in these areas, except for those required for public access, public restrooms, public signage, trash containers, parking facilities, and facilities needed for protecting environmental resources and general upkeep and maintenance of the property.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Conditional Uses. If a use permit is required, the Conditional Use Permit shall establish all final development standards.

B.

Other Applicable Development Regulations. The following regulations shall also apply:

(Ord. 2008-2 Div. II (part), 2008.)

19.09.050 - Review of plans.

All development is subject to development review under the City's Administrative provisions, found in Part V of this Zoning Ordinance. Certain development may also require design review, pursuant to Chapter 19.38, Design Review.

(Ord. 2008-2 Div. II (part), 2008.)

Part III. - Special District Regulations Chapter 19.12 - CREEK PROTECTION OVERLAY DISTRICT (-CP)

Sections:

The City Council finds that public health and safety require creek and watershed management and planning in order to control flood and erosion damages and to preserve natural watercourses as an important public asset that provides environmental, recreational and aesthetic value within the city. A dependence on structural solutions such as creek channelization, culverting and channel riprapping has often been found to result in the loss of property from unanticipated problems associated with their design and can result in serious bank erosion and flooding. Streams managed as close to a natural system as possible without interference from structures, maintain a geomorphic equilibrium or watercourse best suited for carrying stream flows, and carrying and depositing suspended sediment loads. Natural streams have significant benefits in that they filter pollutants and provide wildlife habitat and wildlife corridors. Accordingly, the purposes of the -CP Creek Protection overlay district is to delineate creeks and major drainages and ensure that development or other activities in these sensitive areas achieves the following goals:

A.

Preserves, enhances and restores natural drainage ways as parts of the storm drainage system, minimizing any alterations or structures within the natural stream channel and streambed.

B.

Preserves riparian vegetation and protects wildlife habitat and wildlife corridors along natural drainage ways.

C.

Protect lands adjacent to riparian areas as public or private permanent open space through dedication or easements.

D.

Protects property owners and the public from erosion and flooding.

E.

Increases access to creeks for maintenance purposes and for potential public access to creek-side amenities.

F.

Ensures that projects are consistent with City Council adopted guidelines and resolutions for creek restoration and improvement, including designated creeks as natural corridors with habitat enhancement.

G.

Furthers the Joint Watershed Goals Statement of restoring creeks by removing culverts, underground pipes, and obstructions to fish and animal migration, and daylighting creeks where they can be enjoyed by people and wildlife.

(Ord. 2008-2 Div. II (part), 2008.)

The provisions of this Chapter shall apply to all areas determined to be a creek as in the CP Creek Protections overlay district designation or as defined by Section 19.12.030.

Culverted creeks identified by City Council as having potential for future daylighting will also be subject to the requirements of the overlay district. The City of El Cerrito may maintain maps and other reliable records, reflecting such creeks for the guidance of the public and City staff. These maps and records are tools to determine the vicinity of the buffers referred to within this Section.

(Ord. 2008-2 Div. II (part), 2008.)

In the event that a determination is required as to whether a creek exists on a property and the location of such creek, the City Engineer, in consultation with the Zoning Administrator, shall make such a determination, based on all application materials submitted and subject to the following provisions:

A.

Determination Criteria. A creek is defined as a watercourse that carries water, whether identified or unidentified, from either a permanent or natural source, either intermittently or continuously; and which runs in a defined natural or engineered channel or continuous swale or depression, which later merges with a larger watercourse. The definition includes a channel, swale, depression, or watercourse provided they are hydrologically connected to a waterway above and below the site or is connected to a spring, headwaters, lake, or the San Francisco Bay. The definition of creeks excludes any part of an engineered system which was developed by a public agency for collection of storm or flood waters, provided however that such part does not follow the original course of the creek. The word "creek" will be synonymous with "natural watercourse" as used in this chapter. Determinations of the existence of a creek and its location shall be based on any or all of the following criteria:

1.

There is a channel, including a bed, bank, and features that indicate actual or potential sediment movement.

2.

The creek occupies a topographic position where any one of the following conditions are present:

a.

Micro-topography such as a "U" or "V" shape channel typically located at the low point of a macro-topographic feature.

b.

Macro-topography consists of bowl, "U", or "V" shaped topography with high points draining to a valley or ravine as part of a large drainage network leading to large creeks, lakes, and/or the San Francisco Bay.

c.

Flatland macro-topography may consist of shallow bowl or "U" shaped topography. Generally these creeks flow from the hills toward the San Francisco Bay following the slope of the land.

d.

Creek topography can be indicated on a topography map by a "U" or "V" shape pointed in the uphill direction.

B.

Indicator Features. Determinations of the existence of a creek may also be based on whether any or all of the following features are present (the absence of these features does not mean there is no creek):

1.

A riparian corridor — a corridor of relatively denser vegetation roughly parallel to the creek channel, or soil conditions that would support native riparian vegetation. Riparian vegetation is sometimes missing due to landscaping or vegetation removal practices, landslide or fire.

2.

Bed with material that differs from the surrounding geologic material (i.e., more rocky, or gravelly, little or no vegetation, sorted by size).

3.

Man-made structures common to waterways, for example bank retaining walls, trash racks, culverts, inlets, riprap, road bends, etc.

4.

Tidal or backwater influence, and/or nutrient or resource exchange with the San Francisco Bay.

5.

Wetland conditions and/or vegetation.

(Ord. 2008-2 Div. II (part), 2008.)

A.

General Prohibition of Fill or Obstruction of a Creek. It shall be unlawful for any person, organization, institution, corporation or the City to fill, or cause to be filled, to obliterate or cause to be obliterated, to obstruct or cause to be obstructed, to construct a building bridging a creek or cause such building to be constructed, or in any manner to interfere with or cause to be interfered with, any creek in El Cerrito which carries off at any time of

the year any storm water, or any surface waters, which have been precipitated by rains, subject to the provisions of this Chapter.

B.

Applicability. This Section does not apply to structures or conditions existing in creeks, on or before the effective date of this Zoning Ordinance.

C.

Exceptions. Streambed alterations shall only be permitted, subject to City Council approval and the approval of any applicable permits from the California Department of Fish and Game, the U.S. Army Corps of Engineers, and the California State Water Resources Control Board, for creek restoration and public access projects. Emergency streambed alteration projects necessary to protect public health and safety from imminent flooding, erosion or landslide hazards may be permitted by the City Engineer and Community Development Director. Streambed alterations shall not be conducted unless all applicable permits have been obtained.

(Ord. 2008-2 Div. II (part), 2008.)

19.12.050 - Development standards and permitted uses.

Table 19.12-A prescribes the development standards for the creek protection overlay district. The "Regulations" column indicates more detailed explanations or regulations in sections that follow the table (Section codes noted) or that are located elsewhere in this Zoning Ordinance.

"P" — Uses permitted as-of-right that require no discretionary review if in compliance with all standards.

"A" — Uses subject to an Administrative Use Permit following discretionary review by the Zoning Administrator.

"C" — Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission.

TABLE 19.12-A

DEVELOPMENT STANDARDS & USES—CREEK PROTECTION OVERLAY DISTRICTS

(Ord. 2008-2 Div. II (part), 2008.)

No new structures, additions to existing structures, and new impervious surfaces, including driveways and patios, shall be placed in the immediate vicinity of (a) an open creek or (b) a culverted creek designated at the passage of this ordinance or in the future by the City Council for future daylighting (as shown on the map of the -CP Creek Protection Overlay District), except as provided in this Section:

A.

Creek Setbacks. Except as provided above, all new structures, additions to existing structures, and new impervious surfaces, including driveways and patios, in the vicinity of (a) an open creek or (b) a culverted creek designated at the passage of this ordinance or in the future by the City Council for future daylighting (as shown on the map of the -CP Creek Protection Overlay District), shall be set back as follows:

1.

A minimum of 30 feet from the top of a creek bank or the upland edge of riparian vegetation, whichever is greater, provided the bank or edge of riparian vegetation can be clearly determined, or

2.

A minimum of 30 feet from the top of a creek bank or the upland edge of riparian vegetation as determined by the City Engineer if the bank or edge of riparian vegetation cannot be clearly detemined, or

3.

A minimum of 35 feet from the centerline of the creek as determined by the City Engineer.

B.

Allowed Uses Within Setback. Permitted uses within the setback area are limited to the following:

1.

Passive recreational, educational, and existing non-structural uses, including private open space and public open space with pedestrian or bicycle paths, in accordance with best management practices.

Utility lines, pipelines, drainage and flood control facilities.

3.

Public bridges and public road approaches to bridges to cross a creek.

C.

Conditionally Permitted Uses Within Setback. Parking associated with permitted uses on the property and private bridges and private road approaches to bridges to cross a creek may be permitted in the creek setback area, with the approval of a Conditional Use Permit, and so long as all of the following conditions are met:

1.

Extreme Hardship. The creek setback requirement results in an extreme hardship to the property owner such that alternative locations for parking are physically infeasible or more environmentally damaging.

2.

Pervious Surfaces. An NPDES permit has been obtained for any parking areas located within the setback, and the project complies with any conditions of the NPDES permit.

D.

Minor Unroofed Structures Within Setback. Minor unroofed structures such as fences, walls, decks, or benches may be allowed within the creek setback subject to approval by the City Engineer and the Zoning Administrator and provided that all of the following findings are met:

1.

The structure does not add any new impervious surface except for vertical structural elements such as posts or columns.

2.

There is no grading required, and no alterations to drainage that will intensify or channelize water drainage into the creek.

3.

Construction of the structure will not remove or alter riparian vegetation.

4.

Best management practices are used to prevent erosion during construction.

5.

No structural elements are located closer than 15 feet from the top of the creek bank.

Exceptions may be granted with a conditional use permit.

E.

Roofed Structures Within Setback. Structures having a roof supported by columns or walls, including dwellings, garages, other accessory buildings and commercial buildings, are not permitted within the creek setback. Exceptions may be granted with a Conditional Use Permit, provided that all of the following findings are met:

1.

Alternative locations outside the setback area or within the existing building footprint have been studied and found to be physically infeasible or more environmentally damaging.

2.

Adverse environmental effects are mitigated to the maximum extent feasible and all feasible measures for creek protection are incorporated, including measures to protect riparian vegetation and prevent erosion, pursuant to the requirements of a creek protection and riparian habitat plan in subsection (E)(5) of this Section.

3.

The exception is necessary to allow a principal permitted use of the property, and without an exception the size of the project would be limited to less than half of the lot coverage allowed under the Zoning Ordinance and/or the use and development of the property similar to that enjoyed by other similarly zoned properties in the vicinity would not be possible.

4.

No structure is closer than 15 feet from the top of the creek bank.

F.

Required Submittals for Roofed Structures. An application for an exception to creek setback requirements for roofed structures shall include all of the following:

1.

A creek assessment report that delineates the location of the creek centerline, the top of the creek bank and the creek setback area, includes a description of the needs and purposes of the proposed project, and includes a site plan of the proposed development that shows all pervious and impervious areas and percentages. The report shall describe the existing site conditions, the extent of riparian vegetation including trees, and other existing conditions that allow assessment of the impacts of the construction on the creek. The report shall be prepared by a licensed surveyor, civil engineer, or other licensed professional registered by the State of California, and approved by the Zoning Administrator.

2.

Justification for seeking the adjustment, including why other alternative locations are infeasible, and how setback encroachment will be minimized to the greatest extent possible.

3.

Soil reports, surveys, hydrology studies, or civil engineering drawings, as required by the Zoning Administrator, to determine whether the proposed project will have an adverse impact on the creek and to propose revisions

or conditions of approval that mitigate the impact to the maximum extent feasible.

4.

Any environmental review or reports required pursuant to the California Environmental Quality Act, including a description of any applicable exemptions.

5.

A creek protection and riparian habitat plan that meets all of the following requirements shall be prepared by a landscape architect, hydrologist, biologist, environmental review professional, or other professional approved by the Zoning Administrator:

a.

Site development plan that minimizes impervious surfaces, vegetation loss and site disturbance to the maximum extent feasible;

b.

The volume and velocity of storm water runoff to creeks or storm drains is not increased by the project. Storm water detention and treatment facilities are incorporated, such as: permeable products such as porous pavement, modular pavers and decks instead of asphalt or concrete; installation of vegetation and vegetated swales, bio-filtering, infiltrative landscaping, etc.; cistern or other detention/retention structure; infiltration trench; storm drain energy dissipaters; and runoff routed to landscaped areas;

c.

Erosion control and slope stability measures are incorporated, such as native tree and vegetation planting; erosion control fabric such as jute netting; terracing or berms; and crib walls with slope stabilization native vegetation planting. Slope stabilization both along and within creek channels use bio-engineering techniques rather than concrete, metal, and grouted rock elements;

d.

Best management practices will be employed to assure that construction activity will not adversely impact creek bank, riparian corridor, water flow, or water quality. Such practices shall address issues including, but not limited to: protection of trees and riparian vegetation to be retained, including physical barriers; location of debris and construction materials away from the creek; erosion control devices around construction areas; dust control; litter control; and prohibition of use of hazardous materials;

e.

The plan provides for vegetation indigenous to the site or plant community to be restored, enhanced and monitored in areas affected by construction activities. Plans shall describe all restoration and enhancement vegetation proposed for all surfaces to be exposed during development activities, including any graded areas. Temporary vegetation, sufficient to stabilize the soil, may be required on all disturbed areas as needed to prevent soil erosion. Plants which minimize fire hazards shall be utilized adjacent to buildings and structures and new plantings shall be given sufficient water, fertilizer and protection to ensure re-establishment. Protection of tree crowns and root zones shall be required for all trees planned for retention.

G.

Exceptions to Required Submittals. Exceptions to submittal requirements may be made by the Zoning Administrator for projects which will not result in disturbance to the land or where on-site conditions clearly demonstrate that the site is not occupied by a creek and/or riparian habitat vegetation. An applicant requesting a waiver of submittal requirements shall submit sufficient information to substantiate the waiver.

H.

Conditions of Use Permit Approval for Roofed Structures Within Setback. Approval of any roofed structure within the creek setback area is subject to the following requirements:

1.

All measures specified in the creek and riparian habitat protection plan and any environmental mitigation measures shall become conditions of approval for the project. In addition, all such measures shall be carried out prior to final clearance of the building permit or concurrently with the installation of site improvements in the case of a subdivision map.

2.

All required permits from the California Department of Fish and Game, the U.S. Army Corps of Engineers, the California State Water Resources Control Board, or other applicable agency shall be obtained prior to, or concurrently with the approval of any city permits.

3.

A construction management plan shall be submitted, reviewed, and approved with all building permit applications that demonstrates how creek and riparian habitat protection measures will be implemented throughout construction.

I.

Existing Nonconforming Structures. The provisions of Chapter 19.27, Nonconforming Uses and Structures shall apply except that additions or enlargements that extend a nonconforming yard are not permitted in the -CP overlay district.

(Ord. 2008-2 Div. II (part), 2008.)

19.12.070 - Culverts, walls, and other structures within creeks.

A.

Permit Required. Culverting and riprapping shall be prohibited unless there is strong evidence that there is no other reasonable means to prevent the erosion of adjacent supports, foundations, or property. A permit from the City Engineer and Zoning Administrator shall be required to construct or cause to be constructed, any wall, culvert, drain, bulkhead or other structure in any natural watercourse or creek in the city, or to place riprap or any debris in the channel or on the banks.

B.

Required Submittals. The City Engineer and Zoning Administrator shall require the applicant to submit plans and specifications for such a wall, bulkhead, culvert, drain, structure or bank protection work that specifies the exact location and extent of the project. Any work that has been granted a permit shall be carried out under the supervision of the City Engineer, or his or her designated representative.

C.

No Alternatives. A permit to construct any wall, culvert, drain, bulkhead or other structure pursuant to this Section shall not be granted if an alternative is available to solve the problem, including:

1.

Excavating to restore a natural meander, stream geometry and channel roughness.

2.

Clearing debris.

3.

Flood proofing such as minor redesign of buildings, relocation of porches or other minor structures, sheds, garages, raising of such structures, or raising the grade of adjacent land.

4.

Removing structures where feasible.

5.

Stabilizing the bank using vegetation or a combination of revegetation construction (soil bio-engineering) that does not degrade the existing natural environment. This may include the use of vegetated and dirt filled bagions, vegetated wood cribwalls, live and dead brush matting, fascines, brush layering and cuttings, and other similar strategies based on employing plants as the long-term stabilizing materials.

6.

Vegetation management that can include selective clearing that retains a riparian canopy and root structure to preserve riparian habitat, control unwanted undergrowth and stabilize banks.

7.

Setback levee construction or flood wall construction on the flood plain.

8.

Changes in site design, including but not limited to removal of impervious surface area.

D.

Coordination with Other Permit Requirements. All required permits from the California Department of Fish and Game, the U.S. Army Corps of Engineers, the California State Water Resources Control Board, or other applicable agency shall be obtained, and all required environmental review pursuant to the California

Environmental Quality Act shall be satisfied prior to, or concurrently with the approval of a permit by the City Engineer.

E.

Appeals. Decisions by the Zoning Administrator and/or the City Engineer may be appealed to the Planning Commission, subject to the provisions of Chapter 19.39, Appeals.

(Ord. 2008-2 Div. II (part), 2008.)

19.12.080 - Grading or alterations to riparian vegetation.

No grading, alteration of the natural contours of the land, cutting or alteration, or removal of creek bank vegetation, within the creek or creek setback area shall be permitted except in any of the following instances:

A.

Approved Structures. It is required for the construction of a structure approved under Section 19.12.060 or 19.12.070 and the building permit for such structure has been issued.

B.

Public Health and Safety Projects. The City Engineer and Zoning Administrator determines such grading is for emergency purposes, or a maintenance or capital improvement project that is necessary to protect public health and safety and any required environmental review is completed. An administrative use permit will be required for cutting back and/or replacing existing vegetation for safety purposes.

C.

Other Projects. For other projects, such as creek restoration and enhancement, with the approval of a Conditional Use Permit and if the project meets all of the following requirements:

1.

Provides equal or better habitat and creek protection as compared to current conditions.

2.

Does not impair the functional capacity of the habitat.

3.

Does not cause significant creek bank erosion.

4.

Does not have a detrimental effect on water quality or quantity.

5.

Is in accordance with applicable permits required by the Department of Fish and Game and/or any other applicable local, State or Federal agency.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.13 - HAZARD OVERLAY DISTRICT (-HZ)

Sections:

The specific purposes of the -HZ Hazard overlay district are to:

A.

Mandate the review, evaluation, and restriction of land use that may be subject to undue risk in areas identified on the City's Hazard Special Study Map, including very high hazard severity zones, flood hazard areas, and geologically hazardous areas as called for by the Tri Cities Seismic Safety Study, published on September 9, 1973.

B.

Require soils and geologic review of development proposals to assess potential seismic hazards related to slope stability, earthquake ground shaking, fault ground rupture, and liquefaction potential.

C.

Require all geologic hazards be adequately addressed and mitigated through project development.

(Ord. 2008-2 Div. II (part), 2008.)

The provisions of this Chapter shall apply to all areas mapped and identified on the Hazard Special Study Map, commissioned by the City Building Official. The Hazard Special Study Map depicts areas within the City where there are: (1) Seismic and Geologic Hazards based on the 1973 Tri-Cities Study, (2) Very High Fire Hazard Severity Zones; and (3) Flood Hazard Areas. The City Engineer or Building Official may apply requirements of this district to properties outside the -HZ Hazard overlay district if the City Engineer reasonably determines that a potential hazard exists which should be evaluated. More precise information can be found in the Seismic Safety Study for the General Plan, Tri-Cities Seismic Safety and Environmental Resources Study, 1973.

(Ord. 2008-2 Div. II (part), 2008.)

All permit applications for projects located within areas of the -HZ Hazard overlay district more specifically identified as "Active Faults — Earthquake Fault Zone" and "High Landslide Risk Areas" on the Hazard Special Study Map shall require the following reports:

A.

New Construction. All new construction shall require a soils report and a geologic report, subject to the requirements of Sections 19.13.040 and 19.13.050.

B.

Additions. Any additions to existing structures that require the installation of a foundation, shall require a soils report, subject to the requirements of Section 19.13.040. A soils report may not be required for small additions (less than 50 square feet in floor area), based upon the determination of the City Engineer or Building Official.

C.

Miscellaneous Structures and Small Additions. A soils report shall not be required for detached non-habitable structures that total 225 square feet in floor area or less.

(Ord. 2008-2 Div. II (part), 2008.)

A soil report, based upon adequate test borings or excavations, shall be prepared by a civil engineer registered with the State of California, subject to the following requirements:

A.

Contents. The soil report shall assess the potential for landsliding, ground shaking, and surface faulting. If the soil report indicates the presence of soil conditions which, if not corrected, could lead to structural defects, the report shall recommend corrective action that is likely to prevent structural damage to each structure proposed to be constructed.

B.

Review of Report. The soil report shall be reviewed and approved by the Building Official and/or City Engineer prior to issuance of any building or grading permit. The Building Official may have the soil report independently reviewed by a licensed geotechnical engineer, registered by the state of California, the cost of which shall be borne by the applicant. The recommended action shall be incorporated in the construction of each structure as a condition to the issuance of any building permit.

(Ord. 2008-2 Div. II (part), 2008.)

A geologic report (based on the Alquist-Priolo Earthquake Fault Zoning Act and related regulations, California Public Resources Code Section 2621 et seq., or any successor statutes, and California Code of Regulations, Title 14, Section 3600 et seq., or any successor regulations) shall be prepared by a certified engineering geologist, subject to the following requirements:

A.

Content. The report shall identify, describe and illustrate, where applicable, potential hazards of surface fault rupture, seismic shaking, liquefaction or landslide and shall include:

1.

Review of Conditions. A review of the local and regional seismic and other geological conditions that significantly affect the proposed use.

2.

Assessment. An assessment of conditions on or near the site that would contribute to the potential for damage to a proposed use from a seismic or other geological event, or the potential for a new use to create adverse effects upon existing uses because of identified geologic hazards. The conditions assessed are to include, where applicable, rainfall, soils, slopes, water table, bedrock geology, and any other substrate conditions that may affect seismic response, landslide risk or liquefaction potential.

3.

Recommendations. Recommended building techniques, site preparation and mitigation measures, or setbacks necessary to reduce risks to life and structural damage to property from seismic damage, landslide, groundwater and liquefaction to insignificant levels.

(Ord. 2008-2 Div. II (part), 2008.)

No report is required for an application located in an area for which the City Engineer and Building Official determine that sufficient information exists because of previous geology or soils reports. If the application for development is made in connection with a subdivision, any required soils reports shall be prepared pursuant to Title 18, Subdivisions, of the El Cerrito Municipal Code.

(Ord. 2008-2 Div. II (part), 2008.)

All new roof coverings in areas of the -HZ Hazard overlay district identified on the Hazard Special Study Map as "Very High Fire Hazard Severity Zones," shall require at least a Class B rated roof. Wood shingle and wood shake roofing is prohibited in these areas.

(Ord. 2008-2 Div. II (part), 2008.)

New construction and additions in areas of the -HZ Hazard overlay district identified on the Hazard Special Study Map as "Flood Hazard Areas," shall comply with Federal Flood Plain Guidelines for construction in these areas.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.14 - PLANNED DEVELOPMENT DISTRICT (-PD)

Sections:

The specific purpose of the -PD Planned Development district is to provide for detailed review of development that warrants special review and deviations from the existing development standards. This district is also intended to provide opportunities for creative development approaches and standards that will achieve superior

community design, environmental preservation and public benefit, in comparison to subdivision and development under district regulations.

(Ord. 2008-2 Div. II (part), 2008.)

19.14.020 - Applicability.

A.

Rezoning Required for Approval of a Planned Development District. Approval of a Planned Development district shall constitute an amendment to the Official Zoning Map wherein the base-zoning district is combined with the -PD district for those parcels identified in the Planned Development application.

B.

Land Use and Density Regulations. The land use and density requirements within a -PD Planned Development district shall be as provided in the approved -PD district.

C.

Modification of Standards. The City Council may approve a Planned Development district that deviates from the minimum lot area, yard requirements, building heights, other physical development standards, and land use and density requirements of other zoning districts.

D.

Development Agreement. A development agreement processed pursuant to Chapter 19.41 will be required for the establishment of a development application within a Planned Development District.

E.

Minimum Size for a Planned Development District. A PD shall only be considered for an area at least 10,000 square feet in size.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, § IX, 4-20-2009)

A.

Reference to Rezoning Procedures. Applications for approval of a Planned Development district shall be accepted and processed pursuant to Chapter 19.40, Amendments to Zoning Map and Text.

B.

Reference to Use Permit Procedures. Applications for approval of a Planned Development use permit shall be accepted and processed in the same manner as a Conditional Use Permit, pursuant to Chapter 19.32, Common Procedures and Chapter 19.34, Use Permits, although additional information is required to be submitted in order to determine that the intent of the Zoning Ordinance and General Plan are met. It is not required that the Planned Development use permit be processed concurrently with a planned development

rezone and development agreement. However, final approval of a use permit for a Planned Development must occur simultaneously with or subsequent to rezoning.

C.

Decision-Making Body. An application for a Planned Development District rezone shall be reviewed at a public hearing by the Planning Commission and the Planning Commission shall make a recommendation to City Council. The City Council shall consider the recommendation of the Planning Commission at a public hearing, and act on the proposed Planned Development District rezone. An application for a Planned Development Use Permit and associated Development Agreement shall be reviewed and considered by the Planning Commission. The Planning Commission shall be the final decision authority on the Planned Development use permit (unless appealed). The Planning Commission shall make a recommendation on the Planned Development District and Development Agreement to the City Council. The City Council shall be the final decision authority on the Development Agreement.

D.

Initiation. The City Council, the Planning Commission, property owners in the area that is the subject of an application or their agent may initiate the application by petition for a Planned Development District or Use Permit.

E.

Pre-Application Review. Prior to submitting an application for a Planned Development District or Use Permit an applicant shall schedule a pre-application review conference with the Zoning Administrator.

F.

Planned Development District and Use Permit Requirements. Applications for approval of a Planned Development Permit shall contain all of the following information plus any additional information required by staff:

1.

Project Boundaries. A map showing the proposed project boundaries, the perimeter of the ownership, location and dimensions of any existing property lines and easements within the site, and the location of buildings, roads, parking and open areas.

2.

Topography. The existing and proposed changes in topography of the site, including the degree of land disturbance, the location of drainage channels or watercourses and the direction of drainage flow.

3.

Utilities—Existing Structures and Trees. The locations and capacities of existing utilities in the vicinity of the site, and tentative extensions to the site. The location of any existing structures and trees on-site or in the adjoining right-of-way designated for retention or removal.

Site Plan. A site plan showing the precise dimensions and locations of existing and proposed structures, buildings, streets, parking, yards, pathways, open spaces and other public or private facilities. The site plan shall also indicate all of proposed site uses or activities to be conducted on the site, with related floor area or calculations of site area to be devoted to such uses.

5.

Architectural Concepts. Plans showing architectural concepts of the proposed building, including heights, design, exterior materials of proposed buildings, other structures, fencing and signage.

6.

Development Schedule. A preliminary development schedule, indicating the sequence and timing of development and the priorities of any phased development.

7.

Open Space Plan. A proposed open space plan including landscape concept and type of plant materials, recreation area, parking, service and other public area used in common on the property and a description of intended improvements to the open area of the property.

8.

Engineering Plans. Engineering plans showing site grading, and amount of cut and fill, including finished grades and proposed drainage facilities.

9.

Statement Regarding Compliance with Findings. Written statement and illustrations to demonstrate how the project meets the required findings, and provides superior community design, environmental preservation, and/or public benefit amenities.

10.

Other Information. Any other information deemed necessary by the Zoning Administrator to ascertain if the project meets the required findings for a Planned Development Permit.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Required Findings for a Planned Development District. A -PD district Zoning Amendment shall only be approved if all of the following findings are made:

1.

The project meets all of the findings required for a zoning amendment pursuant to Chapter 19.40.

Development within the proposed -PD district is demonstratively superior to the development that could occur under the standards applicable to the underlying base district as indicated by either the conceptual plans submitted as part of the Planned Development application or the project submitted for consideration of a Planned Development Permit.

3.

The conceptual plans submitted with the application conform in all significant respects with the General Plan, and any applicable plan or policies adopted by the City Council.

B.

Required Findings for a Planned Development Use Permit. A Planned Development Use Permit shall only be approved if all of the following findings are made:

1.

The project meets all of the findings required for a use permit pursuant to Section 19.34.040, including a finding that the project described in the application, or modified by any condition of approval and conforms in all significant respects with the General Plan, and any applicable plan or policies adopted by the City Council.

2.

Development within the -PD district is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the following factors shall be considered:

a.

Appropriateness of the use(s) at the proposed location.

b.

The mix of uses, housing types, and housing price levels.

c.

Provision of units affordable to persons and families of low and moderate income or to lower income households.

d.

Provision of infrastructure improvements.

e.

Provision of open space.

f.

Compatibility of uses within the development area.

g.

Quality of design, and adequacy of light and air to the interior spaces of the buildings.

h.

Overall contribution to the enhancement of neighborhood character and the environment of El Cerrito in the long term.

i.

Creativity in design and use of land.

(Ord. 2008-2 Div. II (part), 2008.)

In approving a Planned Development district, the Planning Commission or City Council may impose any deemed necessary to:

A.

Ensure that the proposal conforms in all significant respects with the El Cerrito General Plan and with any other applicable plans or policies that the City has adopted;

B.

Achieve the general purposes of this Zoning Ordinance;

C.

Achieve the findings for a Planned Development listed in Section 19.14.040; or

D.

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

(Ord. 2008-2 Div. II (part), 2008.)

19.14.060 - Expiration and extensions—Modifications.

Planned Development Use Permits are effective and may be extended or modified as provided for use permits in Chapter 19.32, Common Procedures, subject to the following limitations:

A.

Tentative Map. Where a tentative map has been approved in conjunction with a -PD district project, the Planned Development Use Permit shall expire upon the expiration of the tentative map.

B.

Phased Development. In the event that the applicant intends to develop the project in phases, and the Planning Commission or City Council, if applicable, approves phased development, the Planned Development Use Permit shall remain in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase, unless an extension is approved by the Planning Commission or City Council, if applicable.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.15 - SAN PABLO AVENUE SPECIAL PLAN DISTRICT (SPASPD)

The general purpose of the San Pablo Avenue Special Plan District is to recognize and designate the unique planning context of the San Pablo Avenue corridor and to prescribe planning and design principles for the plan area. In addition to furthering the general principles of the El Cerrito zoning ordinance, the specific purposes of the district include the following:

A.

To establish area-specific and context-sensitive development standards to produce an attractive, coherent and efficient built environment.

B.

To identify public improvements necessary to accommodate and support development in the plan area.

C.

To permit development in the plan area while ensuring adequate standards relating to public health, safety, welfare, comfort and convenience.

(Ord. No. 2014-07, § 2, 10-7-2014)

The San Pablo Avenue specific plan was adopted by the city council on September 22, 2014 by Resolution No. 2014-52. All notations, references, and other information shown in the SPASP are incorporated by reference and shall be deemed as much a part of this title as if the matter and information set forth in the plan were fully described in this chapter. all terms not otherwise defined in the San Pablo Avenue specific plan shall have the meaning set forth in the El Cerrito Municipal Code. In the event of a conflict between the terms, conditions, requirements, policies, or other provisions of the San Pablo Avenue specific plan and the el cerrito municipal code, the San Pablo Avenue specific plan shall take precedence.

(Ord. No. 2014-07, § 2, 10-7-2014)

Land uses within the San Pablo Avenue Special Plan District shall be permitted as prescribed in the San Pablo Avenue Specific Plan.

(Ord. No. 2014-07, § 2, 10-7-2014)

Development standards within the San Pablo Avenue Special Plan District shall be those standards prescribed in the San Pablo Avenue Specific Plan.

(Ord. No. 2014-07, § 2, 10-7-2014)

Part IV. - Regulations Applying In Some or All Districts Chapter 19.20 - STANDARDS FOR SPECIFIC USES

Sections:

This Chapter establishes standards applicable to specific uses listed in Part II. Base Districts, that are in addition to standards listed in this Zoning Ordinance including, but not limited to, development standards in the base zoning districts, Chapter 19.24, Off-Street Parking and Loading, Chapter 19.25, Landscaping and Buffer Yards, and Chapter 19.26, Sign Regulations. Where a standard of this Chapter conflicts with another provision of this Zoning Ordinance, the stricter standard shall apply.

(Ord. 2008-2 Div. II (part), 2008.)

The following findings, definitions and standards shall apply to adult businesses within the City of El Cerrito.

(Ord. 2008-2 Div. II (part), 2008.)

19.20.021 - Findings and intent.

A.

The City Council takes legislative notice of the existence, content and findings of the following studies concerning the adverse secondary effects of adult entertainment businesses: New York, New York (1994); Garden Grove, California (1991); Seattle, Washington (1989); Austin, Texas (1986); Houston, Texas (1986); Indianapolis, Indiana (1984); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Los Angeles, California (1977). Copies of these studies are hereby made a part of the record of the consideration of this code and are available for inspection in the office of the Director of Community Development.

B.

The City Council also takes legislative notice of the facts set forth in numerous reported court opinions regarding the adverse secondary effects of adult entertainment businesses. See, e.g., California v. La Rue, 409 U.S. 109 (1972) (describing on-premises sexual contacts between adult entertainment business customers and entertainers, as well as the on-premises occurrence of prostitution).

C.

The City Council finds that these studies and court opinions are, in whole or in part, relevant to the problems addressed by the City of El Cerrito in enacting this code. The City Council further finds that these studies and court opinions provide convincing evidence that adult entertainment businesses generate adverse secondary

effects. These adverse secondary effects include, but are not limited to: depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise, and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses.

D.

In accordance with City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), the City Council has relied on these studies and court opinions, in whole or in part, in enacting this code. The purpose of this code is to regulate adult entertainment businesses in a manner that eliminates or mitigates the adverse secondary effects noted in Paragraph "C" above.

E.

The City Council recognizes that sexually explicit, non-obscene entertainment is constitutionally protected. In enacting this code, the City Council does not intend to restrict or deny access by adults to such entertainment nor to deny the distributors and exhibitors of such entertainment access to their targeted market.

F.

This code does not condone or legitimize any unlawful sexual activities or the distribution of obscene matter. The City Council recognizes that state law prohibits certain sexual activities and the distribution of obscene matter.

G.

The City Council finds that the regulations imposed by this code provide a reasonable opportunity for adult entertainment businesses to operate within the City of El Cerrito. In the establishment of these regulations, the City Council considered their effects on the number and suitability of locations for adult entertainment businesses.

(Ord. 2008-2 Div. II (part), 2008.)

The purpose of this section is to prevent community-wide adverse secondary effects that can be generated by the unregulated operation of adult entertainment businesses. These adverse secondary effects include, but are not limited to: depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise, and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses.

(Ord. 2008-2 Div. II (part), 2008.)

For the purpose of this section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

A.

"Adult entertainment business" shall mean any of the following:

Adult arcade. An "adult arcade" is an establishment where, for any form of consideration, as a regular and substantial course of conduct one (1) or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

2.

Adult cabaret. An "adult cabaret" is an establishment that, for any form of consideration, as a regular and substantial course of conduct presents live performances that are characterized by an emphasis upon specified sexual activities or feature any semi-nude person.

3.

Adult motion picture theater. An "adult motion picture theater" is an establishment that, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

4.

Adult retail store. An "adult retail store" is an establishment that, for any form of consideration, as a regular and substantial course of conduct offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise or both.

5.

Any business that, for any form of consideration, as a regular and substantial portion of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

B.

"Adult entertainment material" shall mean any audio tape, book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, digital video disk, computer program, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

C.

"Adult entertainment merchandise" shall mean adult entertainment implements or paraphernalia, such as, but not limited to: dildos; auto sucks; vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult entertainment devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

D.

"Characterized by an emphasis upon" shall mean the dominant or essential theme of the object described by such phrase.

E.

"Educational Institution" shall mean any institution of learning for minors, whether public or private, offering instruction in the courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

F.

"Owner" shall mean the following: (i) the sole proprietor of an adult entertainment business; (ii) any general partner of a partnership that owns and operates an adult entertainment business; (iii) the owner of a controlling interest in a corporation that owns and operates an adult entertainment business; or (iv) the person designated by the officers of a corporation to be the zoning clearance holder for an adult entertainment business owned and operated by the corporation.

G.

"Park" shall mean a park, playground, swimming pool, recreational facility or athletic field within the City that is under the control, operation or management of the City or any other public entity.

H.

"Regular and substantial course of conduct" shall mean that any of the following conditions exist:

1.

At least thirty percent (30%) of the stock-in-trade is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises;

2.

At least thirty percent (30%) of the total display area is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises;

3.

The business presents any type of entertainment, live or otherwise, characterized by an emphasis upon specified sexual activities or featuring any nude or semi-nude person on any four (4) or more separate days within any thirty (30) day period; or

4.

At least thirty percent (30%) of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment that is characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

I.

"Religious Institution" shall mean property that is used primarily for religious worship and related religious activities.

J.

"Semi-nude" shall mean a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

K.

"Specified anatomical areas" shall mean the following:

1.

Less than completely and opaquely covered human:

a.

genitals or pubic region;

b.

buttocks; and

c.

female breast below a point immediately above the top of the areola;

2.

Human male genitals in a discernibly turgid state even if completely and opaquely covered;

3.

Any device, costume or covering that simulates any of the body parts included in paragraph 1 or 2 above.

L.

"Specified sexual activities" shall mean any of the following, whether performed directly or indirectly through clothing or other covering:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

2.

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

3.

Masturbation, actual or simulated; or

4.

Excretory functions as part of, or in connection with, any of the other activities described in subparagraphs 1 through 3 of this paragraph.

M.

"Zoning Administrator" shall mean the Zoning Administrator as designated by the Director of Community Development.

(Ord. 2008-2 Div. II (part), 2008.)

19.20.024 - Zoning clearance application.

It is unlawful for any person to operate, engage in, conduct or carry on any adult entertainment business unless the owner of such business first obtains from the Zoning Administrator a zoning clearance for such business.

A.

Applications for a zoning clearance shall be submitted on a form provided by the Zoning Administrator and shall be accompanied by a nonrefundable application fee in an amount established by Resolution of the City Council.

B.

If the Administrator determines that the applicant has completed the application improperly, the Administrator shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the Administrator shall grant the applicant an extension of time of ten (10) days to complete the application properly. The time period for granting or denying the requested zoning clearance shall be stayed during the period in which the applicant is granted an extension of time.

(Ord. 2008-2 Div. II (part), 2008.)

The Administrator shall, within thirty (30) city business days of the filing of a complete application, approve and issue a zoning clearance if the provisions of Section 19.20.026 (Location criteria) have been satisfied; otherwise the zoning clearance shall be denied. Notice of the approval or denial of the zoning clearance shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the Administrator shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be extended except upon the written consent of the applicant.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Separation Requirements. An adult entertainment business may be located in the districts specified in this code, provided that the business satisfies all of the following requirements:

The adult entertainment business is not within one thousand two hundred (1,200) feet of any other adult entertainment business located within or outside the City.

2.

The adult entertainment business is not within three hundred fifty (350) feet of any residential (RS, RM or RD) district boundary.

3.

The adult entertainment business is not within one thousand (1,000) feet of any educational or religious institution.

4.

The adult entertainment business is not within three hundred (300) feet of any public park.

B.

The distances set forth in subsection A above shall be measured as a straight line, without regard to intervening structures or objects, from the property line of the property containing the adult entertainment business to the property line of the property so used at the time of submission of the permit application; provided, however that the distances between adult entertainment businesses as set forth in paragraph (1) of subsection A above shall be measured from the outside wall of the tenant space of each adult entertainment business.

C.

No adult entertainment business may be located within the City except as provided in this section.

D.

Nontransferable. No person shall operate an adult entertainment business under the authority of a zoning clearance at any place other than the address of the adult entertainment business stated in the application for the zoning clearance.

E.

Number of Businesses. No building, structure or other facility shall contain more than one (1) type of adult entertainment business, as such types of adult entertainment businesses are defined in this code.

F.

Regulations Nonexclusive. The provisions of this code regulating adult entertainment businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of this code or any other applicable law.

(Ord. 2008-2 Div. II (part), 2008.)

Any decision of the Zoning Administrator may be appealed in accordance with Chapter 19.39 of this Zoning Ordinance.

(Ord. 2008-2 Div. II (part), 2008.)

ATMs located within a building are permitted; ATMs located exterior to a building or on the exterior wall fronting a public sidewalk require administrative design review per the provisions of Chapter 19.38, Design Review and must also be approved by the Public Works Director and the Chief of Police to ensure safety and adequate circulation area.

(Ord. 2008-2 Div. II (part), 2008.)

Automobile/Vehicle Sales and Services shall be located, developed and operated in compliance with the following standards:

A.

Minimum Lot Size. Automobile/Vehicle Sales and Services may not be located on any lot smaller than 10,000 square feet in area.

B.

Landscaping and Buffer Yards. In addition to the requirements of Chapter 19.25, Landscaping and Buffer Yards, which apply to any commercial use adjacent to a residential use, the following buffer and landscaping requirements apply to any Automobile/Vehicle Service and Repair use:

1.

For parking and other unenclosed areas along street-facing yards, a decorative masonry wall, or wrought iron fence two and one half to three and one half feet in height shall be provided, located between six and 10 feet from the back of the sidewalk. Landscaping between the sidewalk and wall or fence is required. Landscaped areas shall be enclosed by either a six inch concrete curb or masonry wall to prevent damage from automobiles. Chain-link fencing is prohibited.

2.

Notwithstanding any provision in Chapter 19.25, Landscaping and Buffer Yards to the contrary, landscaping shall comprise a minimum of 10 percent of the site area, exclusive of required setbacks. All landscaped areas shall be permanently maintained in compliance with Chapter 19.25, Landscaping and Buffer Yards. Additional landscaping may be required where necessary to prevent visual impacts to adjacent properties.

C.

Buildings. All sales buildings shall be built abutting the sidewalk and must have views into the building or window displays at least three feet deep.

D.

Lighting. In addition to the lighting standards required in Section 19.21.050(A), all exterior light sources, including canopy, perimeter, and floodlights, shall be energy-efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light and glare is directed away from adjacent properties and public rights-of-way. Lighting shall not be of an intensity that causes a traffic hazard, be used as an advertising element, or adversely affect adjacent properties.

E.

Noise. All body and fender work, or similar noise-generating activity, shall be enclosed in a masonry or similar building with sound buffers to absorb noise. Automobile/Vehicle Sales and Services shall comply with the noise requirements in Section 19.21.050(B).

F.

Intercom Speaker. Noise levels measured at the property line of a drive-in or drive-through service facility shall not increase the existing ambient noise levels in the surrounding area. Noise shall comply with the standards in Section 19.21.050(B). All outdoor speakers shall be directed away from any residential district.

G.

Work Areas for Automobile/Vehicle Service and Repair Uses. All automobile/vehicle service and repair activities, including disassembly and assembly activities, shall be performed within an enclosed building. Vehicle bays shall not directly face public streets and shall be screened from view from public rights-of-way.

H.

Litter. The premises shall be kept in a clean and orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored within public view.

I.

Hazardous Materials. All necessary permits for the storage and use of hazardous materials shall be obtained. All automotive fluids shall be recycled or removed according to applicable state and federal standards.

J.

Vehicle Display. All vehicles displayed shall be in clean, attractive, operating condition and shall not be stored in the public right-of-way.

K.

Temporary Signs. The use of signs and advertising displays may be permitted for occasional special events or temporary sales, subject to the requirements of Chapter 19.26, Sign Regulations, regarding approval of temporary signs.

L.

Exceptions. Exceptions to the standards in subsections (A) — (J) of this Section may be allowed with the approval of a Conditional Use Permit subject to the findings required for use permits in Section 19.34.040 and finding that:

There will be no adverse impacts on nearby residential uses.

2.

The use will result in positive enhancement to the financial success and attractiveness of the commercial district.

M.

Design Review. Design review shall be required for the establishment of all Automobile/Vehicle Sales and Service uses, and all site and building improvements for new or existing Auto/Vehicle Sales and Service Uses.

(Ord. 2008-2 Div. II (part), 2008.)

Bed and Breakfast establishments shall be located, developed, and operated in compliance with the following standards:

A.

Type of Residence. A Bed and Breakfast must be located, developed and operated in a single-family dwelling in which the owners of the business reside.

B.

Number of Rooms. No more than two rooms for rent may be allowed without a Conditional Use Permit.

C.

Appearance. In all residential districts, the exterior appearance of a structure housing a bed and breakfast establishment shall not be altered from its original single-family character.

D.

Business License Required. A current business license shall be obtained and posted in compliance with Title 6 of the El Cerrito Municipal Code.

E.

Limitation on Services Provided. Meals and rental of bedrooms shall be limited to registered guests. Separate or additional kitchens for guests are prohibited.

F.

Parking. One off-street parking space for every two guest rooms is required, in addition to the requirements for the dwelling itself, as prescribed in Chapter 19.24, Off-Street Parking and Loading.

(Ord. 2008-2 Div. II (part), 2008.)

Day care centers shall be located, developed and operated in compliance with the following standards:

A.

Landscaping and Buffer Yards. Landscaping and buffer yards adjacent to residential districts shall be provided for day care centers, pursuant to the standards prescribed by Chapter 19.25, Landscaping and Buffer Yards. In addition to the requirements of Chapter 19.25, a periphery wall, constructed of wood or masonry, shall be provided for purposes of securing outdoor play areas and screening the site and shall achieve 75 percent opacity. Chain metal fencing or barbed wire is prohibited.

B.

Hours of Operation. 7:00 a.m. to 7:00 p.m., Monday through Friday.

C.

Noise. Outdoor play shall not occur before 8:00 a.m. when the site is located within or adjacent to a residential district. Day care centers shall comply with the requirements of the City's noise ordinance limits.

D.

Passenger Loading and Drop-off. One curbside passenger loading zone designated by the City shall be located near the entrance of the day care center or in an off-street location acceptable to staff.

E.

Exceptions. Exceptions to these standards shall be granted by Conditional Use Permit.

(Ord. 2008-2 Div. II (part), 2008.)

19.20.070 - Drive-in and drive-through facilities.

Any eating and drinking establishment, retail use, bank or financial institution, or other use providing drive-in or drive-through facilities shall be located, developed and operated in compliance with the following standards:

A.

Drive-In and Drive-Through Aisles. Such facilities shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas. A minimum 15-foot interior radius at curves and a minimum 12-foot, one-way drive aisle width shall be required. Each drive-in and drivethrough entrance and exit shall be set back at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs; exceptions may be allowed with approval by the City Engineer, so long as exceptions will not increase the risk of pedestrian or automobile accidents. Each entrance to an aisle and the direction of flow shall be clearly designated and maintained by signs and/or pavement markings or raised curbs outside of the public right-of-way.

B.

Drive-In and Drive-Through Queue Area. Each drive-through aisle shall provide a sufficient queue area based on an interior traffic study prepared by the applicant and reviewed and approved by City staff or a third party hired by the City and funded by the applicant. The queue area shall not interfere in any manner with public rights-ofway or streets, or on-site and off-site circulation and parking.

C.

Landscaping. Landscaping shall be provided pursuant to Chapter 19.25, Landscaping and Buffer Yards. Each drive-through aisle shall be appropriately screened with a combination of decorative walls and landscaping to prevent headlight glare and direct visibility of vehicles from adjacent streets, parking lots, and adjacent properties.

D.

Menu Board Signs. Menu board signs shall not exceed 20 square feet in area, with a maximum height of six feet, and shall face away from public rights-of-way unless located at least 35 feet from the street and adequately screened from view.

E.

Intercom Speaker. Noise levels measured at the property line of a drive-in or drive-through service facility shall not increase the existing ambient noise levels in the surrounding area. Noise shall comply with the standards in Section 19.21.050(B). All outdoor speakers shall be directed away from any residential district.

F.

Pedestrian Walkways. Pedestrian walkways shall not intersect drive-in or drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

(Ord. 2008-2 Div. II (part), 2008.)

Convenience Markets operated in conjunction with gas stations and/or other Minor Automobile/Vehicle Service and Repair uses shall be located, developed, and operated in compliance with the following standards:

A.

Minimum Lot Size: 10,000 square feet.

B.

Minimum Frontage: 100 feet on each street fronting the site.

C.

Pump Islands. Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance. Pump islands shall be covered by a canopy.

D.

Landscaping. Landscaping shall comprise a minimum of 10 percent of the site area, exclusive of required setbacks. All landscaped areas shall be permanently maintained in compliance with Chapter 19.25, Landscaping and Buffer Yards. A minimum six-foot wide inside dimension and six-inch high curbed landscaped planter area shall be provided along the front and street-side property lines, except for openings required for vehicular circulation. An on-site planter area of not less than 200 square feet shall be provided at the corner of

two intersecting streets. Additional landscaping and screening may be required where necessary to prevent visual impacts to adjacent properties, such as required for parking lots in Section 19.25.060.

E.

Lighting. In addition to the lighting standards required in Section 19.21.050(A), all exterior light sources, including canopy, perimeter, and floodlights, shall be energy-efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light and glare is directed away from adjacent properties and public rights-of-way. Lighting shall not be of an intensity that causes a traffic hazard, be used as an advertising element, or adversely affect adjacent properties.

F.

Drive Aisles. Drive aisles and driveways shall be kept to the minimum size necessary for safe onsite circulation as determined by the Public Works Director. Whenever possible, curbcuts and driveways shall be limited to one per street frontage. Additional curbcuts may be approved by the Public Works Director.

(Ord. 2008-2 Div. II (part), 2008.)

The following standards apply to hazardous waste facility projects:

A.

Definitions. The following definitions apply to the provisions of this Section:

1.

"Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste recycling management units, or combinations of these units.

2.

"Hazardous waste facility project" means a project undertaken for the purpose of siting and constructing a new hazardous waste facility that will require a hazardous waste facilities permit issued pursuant to Health and Safety Code Section 25200 or any successor statute, or for the purpose of significantly expanding or modifying an existing hazardous waste facility that is being used or operated under a permit issued pursuant to Health and Safety Code Section 25200 or any successor statute, or a grant of interim status pursuant to Section 25200.5. Unless expressly provided otherwise, "hazardous waste facility project" includes a specified hazardous waste facility project.

3.

"Specified hazardous waste facility" means an offsite facility that serves more than one producer of hazardous waste.

B.

Conditional Use Permit Required. All hazardous waste facility projects require a Use Permit pursuant to Chapter 19.34, Use Permits. All applications for hazardous waste facility projects in the Contra Costa County Hazardous Waste Management Plan shall comply with the procedures set forth in Public Resources Code Sections 21000 through 21177 and Government Code Section 65920 et seq. or any successor statutes. The local permitting process is intended to ensure adequate protection of public health and the environment without imposing undue restrictions on projects.

C.

Application Contents. Every application for a hazardous waste facility project shall be made in writing to the Zoning Administrator on the forms provided by the Planning Department, accompanied by a filing fee pursuant to Chapter 19.32, Common Procedures and shall include all information contained in the submittal requirements list published by the Zoning Administrator.

D.

Specified Hazardous Waste Facilities. All applications for specified hazardous waste facility projects must follow the procedures set forth in Chapter 19.34, Use Permits, Health and Safety Code Sections 25199 et seq. or any successor statute, Public Resources Code Sections 21000 through 21177, and Government Code Section 65920 et seq. or any successor statutes, and the following standards:

1.

The person or entity preparing the documents required by the California Environmental Quality Act shall not be the same person, or entity, which acts as a consultant to the local assessment committee.

2.

All applications for a specific hazardous waste facility project shall contain a proposed public education/participation program to be employed during the local land use decision-making process. Such plan shall be mutually agreeable to the project proponent and the Zoning Administrator.

E.

Standards and Locational Criteria. All specified hazardous waste facility projects in the City shall comply with the siting criteria set forth in the Contra Costa County Hazardous Waste Management Plan, as adopted in June 1990, and the following criteria:

1.

Proximity to Populations. Residuals repositories shall be a minimum distance of two thousand feet (2,000) from the active portion of the facility to any residence.

2.

Capability of Emergency Services. All facilities shall be located in areas where fire departments are able to respond immediately to hazardous material accidents, where mutual aid and immediate aid agreements are well established and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association. In addition, hazardous materials accident response services at the facility may be required based on the type of wastes handled or the location of the facility.

3.

Flood Hazard Areas. Residuals repositories are prohibited in areas subject to inundation by floods with a one hundred year return frequency, and shall not be located in areas subject to flash floods and debris flows. All other facilities shall not locate in floodplains or areas subject to flash floods and debris flows unless they are designed, constructed, operated, and maintained to prevent migration of hazardous wastes in the event of inundation.

4.

Proximity to Active or Potentially Active Faults. All facilities are required to have a minimum 200-foot setback from a known active earthquake fault.

5.

Slope Stability. Residuals repositories are prohibited in areas of potential rapid geologic change. All other facilities shall not locate in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to preclude failure as result of such changes.

6.

Subsidence/Liquefaction. Residuals repositories are prohibited from locating in areas of potential rapid geologic change. All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to preclude failure as a result of such changes.

7.

Discharge of Treated Effluent. Facilities generating wastewater shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available, the site should be evaluated for ease of connecting to a sewer or for the feasibility of discharge directly into a stream or the ocean. All facilities should comply with all NPDES permitting requirements.

8.

Proximity to Supply Wells and Well Fields. Residuals repositories shall be located away from the cone of depression created by pumping a well or well field for ninety days. Location is preferred where the saturated zone predominantly discharges to nonpotable water without any intermediate withdrawals for public water supply. All other hazardous waste facilities shall be located outside the cone of depression created by pumping a well field for ninety days, unless an effective hydrogeologic barrier to vertical flow exists.

9.

Depth to Groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California registered civil engineering geologist.

Groundwater Monitoring. Residuals repositories and facilities with subsurface storage and/or treatment must develop a program that successfully satisfies the Regional Water Quality Control Board permit requirements for groundwater monitoring. Facilities that handle liquids should be located where groundwater flow is in one direction with no vertical interformational transfer of water.

11.

Major Aquifer Recharge Area. Residuals repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer. Facilities with subsurface storage or treatment must be located at least one-half mile away from potential drinking water sources. All other facilities located in areas known to be, or suspected of providing recharge to an existing water supply well, shall provide for increased spill containment and inspection measures.

12.

Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board. All other above-ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices. All other facilities may be located in areas where surficial materials are principally highly permeable if adequate spill containment and inspection measures are employed.

13.

Existing Groundwater Quality. Residuals repositories are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or human induced conditions) to the extent that it could not reasonably be considered for beneficial use. All other facilities located in areas where existing groundwater quality is Class 1 or Class 2 shall provide increased spill containment and inspection measures.

14.

Nonattainment Areas. All facilities with air emissions locating in nonattainment areas and emitting air containments in excess of established limits will require preconstruction review under new source review requirements.A permit to construct and a permit to operate from the Bay Area Air Quality Management District (BAAQMD) will also be required.

15.

Prevention of Significant Deterioration (PS) Area. All facilities with air emissions locating in the regions which are classified as major stationary sources as defined by BAAQMD will be required to submit to preconstruction review and apply best available control technology.

16.

Recreation, Cultural or Aesthetic Areas. All facilities shall be prohibited in areas of recreation, cultural, or aesthetic value as determined by the decision making authority.

17.

Proximity to Areas of Waste Generation. Subject to other standards and criteria described herein, all facilities shall be located in areas best suited for providing services to any hazardous waste generators in the City of El

Cerrito. Facilities which will primarily serve generators from outside the City must demonstrate why the facility cannot be located closer to the points of hazardous waste generation to be serviced.

18.

Distance from Major Transportation Routes. Distance traveled on minor roads shall be kept to a minimum. Facility proponents shall be required to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility.

19.

Structure Fronting Minor Routes. Facilities shall be located such that any local, collector or arterial roads between highways and the facility are used primarily by trucks. The number of nonindustrial structures (homes, hospitals, schools, etc.) along such routes shall be minimized. The facility proponent shall evaluate the "population-at-risk" based on the Federal Highway Administration's guidelines for applying criteria to designate routes for transporting hazardous materials. The population-at-risk factor should not exceed that for existing facilities, and sites with lower factors are preferred.

20.

Capacity vs. Average Daily Traffic of Access Roads. The changes in the volume to capacity ratio shall be negligible after calculating the number of trucks on the roadways expected to service the facility.

21.

Consistency with the General Plan. The proposed facility shall be consistent with all general plan requirements, Zoning Ordinances, and other regulations.

F.

Conditions. The following conditions shall apply to all proposed facilities:

1.

Safety and Security. The operator shall provide a 24-hour surveillance system which continuously monitors and controls entry onto the facility. Perimeter fencing shall be constructed and security measures taken to prevent climbing and scaling of fences. Masonry walls shall be used when the facility is adjacent to non-industrial uses. The Zoning Administrator shall determine compliance with this standard.

2.

Monitoring.

a.

Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City of El Cerrito is authorized to enforce under its police power, city officials or designated representatives may enter the premises on which a hazardous waste facility permit has been granted.

b.

The owner or operator of a facility shall report quarterly to the Community Development Department the amount, type and disposition of all wastes processed by the facility. The report shall include copies of all manifests showing the delivery and types of hazardous wastes, a map showing the exact location (coordinates and elevation), and the quantities and types of materials placed in repositories, stored or disposed of onsite.

c.

The owner or operator of a hazardous waste facility shall immediately send copies of all complaints regarding facility operations and copies of all inspection reports made by other local, state or federal agencies to the Zoning Administrator.

d.

The emergency response plan shall be updated annually, signed by all management personnel at the facility and distributed to all local emergency response agencies and the Zoning Administrator.

G.

General Conditions.

1.

The City may impose conditions and standards other than those presented in subsection (F) of this section in order to achieve the purposes of this Zoning Ordinance and to protect the health, safety or welfare of the community.

2.

No hazardous waste facility shall be sited if it will manage a volume or type of hazardous waste in excess of that generated, and not currently managed by a facility in El Cerrito.

3.

Any modifications of the types and quantities of hazardous waste to be managed that were not included in the approved application for land use are subject to approval of an amended application by the City.

4.

Every hazardous waste facility project must have a contingency operation plan approved by the State Department of Health Services. A copy of the contingency plan shall be maintained at the facility and sent to the local police department, fire department, hospitals, and the Contra Costa Department of Environmental Health.

5.

The owner or operator of a hazardous waste facility project shall, prior to the local land use decision, submit to the Zoning Administrator a written closure plan approved by the State Department of Health Services. All revisions to such closure plans shall also be submitted to the Zoning Administrator.

Prior to issuance of an "occupancy permit" to begin the use identified in the land use decision, the applicant shall submit evidence satisfactory to the Zoning Administrator demonstrating that it has met all of the financial responsibility requirements imposed by the California Department of Health Services and any other federal or state agency with jurisdiction of the facility.

7.

The applicant shall indemnify, defend, and hold harmless the City of El Cerrito and its City Council, and all officers, employees and agents of the City against and from all claims, actions, or liabilities relating to the land use decision or arising out of its implementation at the site. The applicant shall enter into an Indemnity Agreement with the city in a form approved by the City Attorney.

8.

No hazardous waste facility project will be approved if it significantly undercuts incentives for waste minimization by hazardous waste generators.

9.

Owners/operators of all hazardous waste facilities shall prepare and submit an annual emergency response preparedness report to the Zoning Administrator. Such report shall be initialed by each person at the facility who has emergency response responsibilities.

10.

Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Zoning Administrator.

11.

The facility owner/operator shall be responsible for all costs of responding to a release of hazardous wastes.

12.

Any storage, treatment, disposal or transportation of "extremely hazardous waste," as defined in Section 25115 of the California Health and Safety Code or any successor statute, by the facility owner/operator shall be reported to the Fire Chief at least 48 hours prior to such storage, treatment, disposal or transportation.

13.

All costs of compliance with this Zoning Ordinance shall be borne by the facility owner/operator.

14.

The City of El Cerrito may employ any and all methods permitted by law to enforce this Zoning Ordinance.

H.

Findings. The following findings shall be made in writing prior to making a land use decision that will allow the siting of a hazardous waste facility project:

The project will be consistent with the General Plan.

2.

The project will not be detrimental to the health, safety, or general welfare of the community.

3.

The project site is served by roads not traversing residential areas and other public or private service facilities.

4.

The project has met or exceeded each requirement of this Zoning Ordinance and all other applicable regulations, policies and goals.

5.

The environmental impacts identified in the environmental impact report or proposed negative declaration have been adequately mitigated.

I.

Duration of Land Use Decision. The life of the land use approval shall be determined at the time of approval and shall not exceed 10 years. The project proponent shall commence substantial construction of the facility within two years of the land use approval and such construction must be pursued diligently to completion.

(Ord. 2008-2 Div. II (part), 2008.)

Home occupations shall be located, developed, and operated in compliance with the following standards:

A.

Terms of Use. A home occupation shall be considered an accessory use of a nonresidential nature that is conducted within a residential unit by a resident of the unit.

B.

Location. A home occupation shall be conducted, either within the residential unit, within a structure attached to the unit, or within a structure detached from the unit. When conducted within any garage, the doors to the garage shall remain closed.

C.

Maximum Size. A home occupation shall not exceed 300 square feet or 40 percent of the residential unit floor area, whichever is less.

D.

Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt, electrical or other disturbance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted.

E.

Traffic. The home occupation shall not create greater pedestrian or vehicular traffic or greater need for parking beyond that which is normal in a residential district. Up to five roundtrips per day by employees, deliveries, or visitors to the home occupation are permitted. Deliveries shall be by standard mail or package carriers.

F.

Employees. One non-resident full-time employee is permitted if an additional off-street parking space is provided on the subject site beyond the number of spaces required for the residential use, except that if the home occupation is conducted in a unit that is within ¼ mile of a BART station, no parking is required for the employee.

G.

Exclusions. The following uses are not permitted as a home occupation: adult businesses as defined in Section 19.20.023, personal instruction services for more than two students at one time, accommodation of paying guests except as otherwise permitted by Section 19.20.050, beauty parlors with more than one hair stylist, and the boarding and treatment of animals.

H.

Appearance. The residential appearance of the unit within which the home occupation is conducted shall be maintained and no exterior indication of a home occupation shall be permitted.

I.

Exceptions. Exceptions to this section shall require an administrative use permit.

(Ord. 2008-2 Div. II (part), 2008.)

19.20.110 - Large family day care.

Large Family Day Care homes shall be located, developed, and operated in compliance with the following standards:

A.

Location. Large Family Day Care homes must be located at least 300 linear feet apart along the fronting street from any other Large Family Day care home. In no case shall any residential property have more than one Large Family Day Care home adjacent to its property line.

B.

Licensing. Large Family Day Care homes shall be licensed or certified by the State of California and shall be operated according to all applicable state and local regulations.

C.

Outdoor Play Area. A six-foot high, solid fence shall be required to separate the outdoor play area of a large family day care home from adjacent residential properties. Fence shall be provided pursuant to Chapter 19.25, Landscaping and Buffer Yards.

D.

Noise. Noise from the operation of any Large Family Day Care may not exceed noise standards set forth in Section 19.21.050.B, while the periodic sounds of small groups of children at play shall be considered customary in residential neighborhoods during the daytime hours. Satisfaction of the noise standard herein is subject to the complaint procedure set forth in subsection L of this section.

E.

Hours of Operation. Large Family Day Care homes shall operate only between the hours of 4:00 a.m. and 7:00 p.m. No outdoor play is allowed before 9:00 a.m. or after 5:30 p.m.

F.

Parking and Traffic. An operator of a Large Family Day Care home shall satisfy the following traffic control conditions:

1.

At least one on-street parking space located abutting the Large Family Day Care home property is required for drop-off and pick-up of children.

2.

The operator of a Large Family Day Care home shall provide at least three off-street parking spaces, which may include spaces already provided to satisfy existing residential parking requirements. One of these spaces may be uncovered and may be in tandem with required parking for the principal dwelling unit.

3.

Large Family Day Care homes located on arterial streets, as designated by the General Plan Circulation Element, shall provide drop-off and pick-up areas located in areas that prevent vehicles from backing onto the arterial roadway.

4.

No Large Family Day Care homes shall be located upon a lot having less than 22 feet of linear street frontage available for legally permitted on-street parking.

5.

Increased traffic due to the operation of any Large Family Day Care home shall not cause traffic levels to exceed those levels customary in residential neighborhoods. However, somewhat higher traffic levels during the morning and evening commute time shall be considered customary in residential neighborhoods. Satisfaction of the traffic control standard is subject to the complaint procedure set forth in subsection L of this section.

6.

Vehicles dropping off and picking up children shall not:

a.

Double-park at anytime;

b.

Block the driveways of neighboring houses; or

c.

Use driveways of neighboring houses to turn around.

7.

To eliminate further potential hazards, no Large Family Day Care home may be located:

a.

Upon a lot fronting a street with a curb-to-curb width of less than thirty feet; or

b.

Fronting on a dead-end street or cul-de-sac with a bulb diameter of less than 40 feet.

G.

Residency. The operator of a Large Family Day Care home shall be a full-time resident of the dwelling unit in which the use is located.

H.

Contact Person(s). The current name(s) and telephone number(s) of the operator(s) shall be on file with the Planning Department at all times.

I.

Expiration of Permit. If a Large Family Day Care home that is subject to a use permit ceases to operate for a period of greater than 180 consecutive days, its permit shall be considered to be null and void. This time period shall commence automatically when six or fewer children receive care, protection and supervision at the facility.

J.

Notification of Operating Standards. The operator of the Large Family Day Care shall notify the Zoning Administrator in writing of any modifications to operating standards, including hours of operation and drop off and pick up locations.

K.

Review. The operation of all Large Family Day Care homes is subject to the following review procedures:

1.

The Zoning Administrator shall review any application for a Large Family Day Care home for compliance with these requirements and may require the permit to be reviewed by the Planning Commission at a public hearing, where there is dispute as to whether the project complies with all standards.

2.

A noticed public hearing to review compliance with standards is mandatory when the City receives six substantiated complaints as provided in subsection K of this section.

L.

Complaints. Upon receiving any combination of six substantiated complaints from six different residences within 300 feet of the large family day care home within one calendar year concerning noise, hours of operation, or traffic control as specified in subsections D, E and F of this section, the Planning Commission shall review the Large Family Day Care operation at a noticed public hearing conducted in accordance with the procedures outlined in Chapter 19.32, Common Procedures of this Zoning Ordinance.

1.

Complaint Procedures. Before submitting a complaint to the City pursuant to this subsection, a complainant shall first submit to the operator of the Large Family Day Care home a written complaint, signed by the complainant and setting forth the complainant's address and telephone number. If after 14 calendar days from the submittal of a complaint to the operator, the complainant remains dissatisfied with the performance of the Large Family Day Care home, the complaint may then be submitted to the Planning Department, including the original complaint letter, and documentation of any and all contact with the operator to resolve the issues identified in the original complaint. The Planning Department shall investigate complaints within 14 calendar days of receipt of the complaint to determine their validity.

2.

Substantiated Complaint. A complaint shall be considered substantiated if the Zoning Administrator determines that the operator has failed to respond appropriately to a complaint concerning hours, traffic control or noise. Complaints shall be limited to alleged violations of the standards for hours, noise and traffic control, and may originate only from residences within 300 feet of the applicable large family day care home.

M.

Exceptions. An exception for the hours of operation and number of off-street parking spaces may be granted via a conditional use permit.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, §§ X, XI, 4-20-2009)

Liquor stores shall be located, developed and operated in compliance with the following standards. These standards apply only to alcohol sales for off-site consumption and do not apply to full-service eating and drinking establishments:

A.

Location.

Minimum distance from a residential district boundary: 500 feet.

2.

Minimum distance from other liquor stores: 1,000 feet.

3.

Minimum distance from educational, religious, or cultural institutions and public parks: 500 feet.

B.

Minimum Size. 1,000 square feet. Additional floor area may be allowed with approval of a Conditional Use Permit.

C.

Hours of Operation. 8:00 a.m. to 8:00 p.m., seven days a week. Additional hours may be allowed with approval of a Conditional Use Permit.

D.

Litter. One permanent, non-flammable trash receptacle shall be installed in the parking area adjacent to the entrance/exit of the store.

E.

State License. Liquor stores shall comply with all provisions of any license required for such stores by the State of California Department of Alcoholic Beverage Control.

F.

Exceptions. Exceptions to this Section shall require a Conditional Use Permit.

(Ord. 2008-2 Div. II (part), 2008.)

Joint living and working quarters (Live/Work Units) shall be located, developed, and operated in compliance with the following standards:

A.

Establishment. Live/Work Units may be established through the conversion of existing commercial and industrial buildings or by new construction, permitted or conditionally permitted as specified in Part II. Base District Regulations.

B.

Use Regulations. Work activities in Live/Work Units shall be those uses permitted outright, permitted subject to zoning clearance, or permitted subject to use permit in the district in which the units are located.

C.

Business License. All work activity shall be subject to a business license to be maintained by at least one occupant of each unit.

D.

Non-Resident Employees. Persons who do not reside in the Live/Work Unit may be employed in a Live/Work Unit if a Conditional Use Permit is obtained and the parking required in the district is provided.

E.

Client and Customer Visits. Client and customer visits to Live/Work Units are permitted in all commercial and transit-oriented mixed-use districts.

F.

Sale or Rental of Portions of Unit. No portion of a Live/Work Unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Required Certification. A manufactured home shall constitute a permitted use in all residential districts, provided that any such manufactured home is certified under the standards set forth in the National Manufactured Housing Construction and Safety Standards Act of 1976 (42 USC 5401 et seq.), as amended at the time of any application for placement of such manufactured home.

B.

General Requirements. A manufactured home in a residential district shall be subject to the following requirements:

1.

Permanent Foundation. The manufactured home shall be placed on a permanent foundation in accordance with the standards set forth in the California Building Standards Code.

2.

Age of Home. No more than 10 years may elapse between the date of the manufacture of the manufactured home and the date of the application for issuance of a building permit to install a home on a lot in the City.

3.

Exterior Materials. Manufactured homes are to be covered with an exterior material harmonious and compatible with the exterior materials of residential structures in the surrounding area, and shiny or metallic finishes are prohibited except for window and door frames. The exterior covering material must extend to finished grade. If a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend more

than three inches below the top of the foundation. Alternative skirting materials, customarily used in conventional residential structures, are permitted.

4.

Roofing. All roofs on manufactured homes shall be comprised of asphalt, shingles, tile or other decorative materials and shall comply with the most recent edition of the California Building Standards Code for fire rating for residential structures. Eave overhangs shall be at least 12 inches but not more than 16 inches.

5.

Utilities. Each manufactured home shall be provided permanent hookups for electricity, gas, water, and sewer connections in the same manner applicable to permanent residences. Gas shutoff valves, meters, and regulators shall not be located beneath the manufactured home, in compliance with the requirements of the California Building Standards Code for comparable residential structures.

(Ord. 2008-2 Div. II (part), 2008.)

19.20.150 - Outdoor dining uses in the public right-of-way.

Eating and Drinking Establishments with outdoor eating areas shall be located, developed, and operated in compliance with the following standards:

A.

Outdoor Dining Uses in the Public Right-of-Way Defined. "Outdoor Dining Uses in the Public Right-of-Way" means any dining establishment which serves ready to eat food and beverages, which has dining or merchandise area(s) in or on a public right-of-way.

B.

Applicability of Standards. No person may establish an Outdoor Dining Use in the Public Right-of-Way unless an administrative use permit and administrative design review approval are first granted by the Zoning Administrator. The standards set forth in Section C. below, shall apply to the operation, development, or use of any proposed or existing Outdoor Dining Use in the Public Right-of-Way, and to any expansion of, or change to, a proposed or existing Outdoor Dining Use in the Public Right-of-Way that is commenced pursuant to the Zoning Administrator's approval on or after the effective date of this Chapter.

C.

Required Standards. No Outdoor Dining Use in the Public Right-of-Way may be approved unless all of the following development and operational standards are met:

1.

No Outdoor Dining Use may be approved for a proposed use in a street or alley.

2.

To provide for adequate pedestrian circulation, outdoor dining uses in the public right-of-way shall maintain a minimum of four (4) feet of clearance between dining furnishings and any curbline, street furniture or above ground utilities. A minimum of fifteen (15) radial feet of clearance shall be maintained between dining

furnishings and the center line of intersecting perpendicular driveways, alleys or streets to provide for adequate vehicle sight, unless a lesser distance is determined by the Zoning Administrator to be adequate for the protection of the public safety.

3.

Outdoor dining uses in the public right-of-way shall not be required to provide any additional parking spaces for their outdoor area.

4.

Tables, chairs and any barriers used for outdoor dining shall be composed of substantial materials satisfactory to the Zoning Administrator. Tables shall be a maximum of three (3) feet in diameter if round and three feet along the longest side if rectilinear. All such furnishings shall be stored indoors after hours of operation.

5.

In addition to whatever signage may be permitted for the associated Dining Establishment use by the Zoning Ordinance, and notwithstanding any provisions of the Zoning Ordinance to the contrary, one portable sign, such as a menu board/chalk board or "A" board sign shall be permitted, provided that such sign is in good repair, maintains adequate pedestrian and vehicle sight clearance per Paragraph 2 of this Subsection, does not block the visibility of display windows or signage of any adjacent business, is stored indoors after hours of operation, and is limited to no more than ten (10) square feet in area.

6.

No outdoor dining use in the public right-of-way, including furnishings and signs, shall block visibility of display windows or signage of adjacent businesses, unless written consent of any affected adjacent business owner to block visibility is obtained by the applicant and provided to the Zoning Administrator.

7.

The outdoor dining use operator shall maintain the outdoor dining or merchandise area in a clean and safe condition at all times, including properly disposing of all trash generated by the operation.

8.

Approval of an outdoor dining use in the public right-of-way shall be valid for an initial one (1) year period. Permittees may apply for an unlimited term permit renewal, unless the Zoning Administrator deems a limited term appropriate.

9.

The outdoor dining use operator shall provide an executed City hold harmless waiver, file a written agreement in a form approved by the City Attorney stating they will indemnify and defend the City in the event that any person is injured in the right-of-way as a result of the presence of such outdoor dining area, and provide proof of liability insurance to the satisfaction of the City.

10.

Applications for an outdoor dining use in the public right-of-way shall be filed by the operator of the use, or by an agent, trustee or attorney for the operator.

11.

Applicants for an outdoor dining use in the public right-of-way shall obtain an Encroachment Permit from the City.

12.

The hours of operation for an outdoor eating area shall be limited to the hours of operation of the associated Eating and Drinking Establishment.

13.

The Zoning Administrator shall have administrative design review authority for the overall design of the outdoor dining use.

(Ord. 2008-2 Div. II (part), 2008.)

19.20.160 - Outdoor retail sales.

Outdoor Retail Sales shall be located, developed, and operated in compliance with the following standards:

A.

Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with the provisions of Chapter 19.35, Temporary Uses and Chapter 19.26, Signs.

B.

Permanent Outdoor Display/Sales. The permanent outdoor display of merchandise requires approval of a use permit in accordance with the provisions of Chapter 19.34, Use Permits and shall comply with the following minimum standards:

1.

Location. Outdoor sales shall be located entirely on private property outside any required setback.

2.

Screening. All outdoor sales and activity areas shall be appropriately screened from adjacent public rights-ofway and residential districts. The type and appearance of screening shall be based on the impact to adjacent properties as part of the use permit approval and incorporated as a condition of approval.

3.

Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays also shall not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

(Ord. 2008-2 Div. II (part), 2008.)

19.20.170 - Recycling facilities.

Recycling Facilities shall be subject to the following standards:

A.

Reverse Vending Machines. Reverse Vending Machines are permitted or conditionally permitted as specified in Part II. Base District Regulations, and in addition, are subject to the following criteria:

1.

Machines shall be located adjacent to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation.

2.

Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

3.

Machines shall have a maximum sign area of four square feet exclusive of operating instructions.

4.

Machines shall be illuminated to ensure comfortable and safe operation between dusk and dawn.

5.

Machines shall provide and monitor in a clean and orderly condition, a 40-gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine.

B.

Recycling Collection Point. Recycling Collection Points are permitted or conditionally permitted as specified in Part II. Base District Regulations, and in addition are subject to the following criteria:

1.

Facilities shall be set back at least 10 feet from any street line and not obstruct pedestrian or vehicular circulation.

2.

Facilities shall accept recyclable material as defined by the State Department of Conservation.

3.

Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator and the hours of operation.

Signs shall be a maximum of 20 percent per side of facility or container or 16 square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container.

5.

Facilities shall provide and monitor in a clean and orderly condition, a 40-gallon garbage can for nonrecyclable materials adjacent to any receptacle where recyclable materials are deposited.

6.

Visual screening is required around the recycling collection point, the exact type, location, and amount to be determined by the Zoning Administrator.

C.

Recycling Processing Facility. Recycling Processing Facilities are permitted or conditionally permitted as specified in Part II. Base District Regulations, and in addition are subject to the following criteria:

1.

Facilities shall not abut a property zoned for residential use unless specifically exempted by findings and conditions of the use permit.

2.

Facilities shall be screened from the public right-of-way by operating within a fully enclosed building or within an area enclosed by a solid fence at least six feet in height with landscaping.

3.

Setbacks and landscape requirements shall be those provided for in the base zone.

4.

No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing. Trucks, trailers and overseas containers may not be stacked on top of each other.

5.

Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation. Signage shall conform to the provisions of Chapter 19.26, Sign Regulations.

6.

Facilities shall provide and monitor in a clean and orderly condition, a 40-gallon garbage can for nonrecyclable materials on the property.

(Ord. 2008-2 Div. II (part), 2008.)

Residential Care Facilities shall meet the following standards:

A.

Location. If located in a residential district, minimum distance from other Residential Care Facilities: 300 feet.

B.

Landscaping and Walls. A minimum six-foot high perimeter wall, constructed of wood or masonry, is required to secure outdoor recreation areas and screen the site. Walls must be at least 75 percent opaque. Chain link fencing or barbed wire is prohibited.

C.

Passenger Loading. One passenger loading space is required, either curbside or on-site.

D.

Deliveries. If located in a residential district, delivery of goods shall occur between the hours of 8:00 a.m. and 8:00 p.m., seven days a week. Additional hours may be allowed with approval of a Conditional Use Permit.

E.

Exceptions. Facilities that fall under the "Residential Care Facilities — Limited" classification, as defined in Section 19.46.040 (N)(2), are exempt from these standards.

(Ord. 2008-2 Div. II (part), 2008.)

19.20.190 - Accessory dwelling units.

A.

Purpose. The following regulations are intended to comply with Government Code Sections 65852.150 and 65852.2 (or as otherwise amended), and implement the General Plan by allowing Accessory Dwelling Units subject to the standards and requirements herein.

B.

Applicability. An Accessory Dwelling Unit Permit shall be required for all Accessory Dwelling Units, subject to the following exceptions:

1.

ADUs on Single-Family Dwelling Lots. The following Accessory Dwelling Units shall be allowed on a parcel with a proposed or existing single family dwelling, consistent with state law:

a.

One Interior ADU or Junior ADU subject to the following standards:

i.

The Interior ADU or JADU shall have exterior access.

ii.

The Interior ADU or JADU shall have side and rear setbacks sufficient for fire safety as determined by the Fire Marshal.

iii.

A Junior ADU shall be consistent with Section 19.20.195.

iv.

The Interior ADU or JADU shall not be rented for a term less than thirty days.

b.

One Detached ADU subject to the following standards:

i.

The Detached ADU shall not exceed eight hundred square feet in size.

ii.

The side and rear setbacks of the Detached ADU shall be a minimum of four feet.

iii.

The height of the Detached ADU shall not exceed sixteen feet.

iv.

The Detached ADU shall not be rented for a term less than thirty days.

2.

ADUs on Multifamily Dwelling and Duplex Lots. The following Accessory Dwelling Units shall be allowed on a parcel with an existing multifamily dwelling or a duplex, consistent with state law.

a.

At least one ADU within the portion of an existing multifamily dwelling structure or a duplex not used as livable space subject to the following standards:

i.

The number of ADUs allowed per structure shall not exceed twenty-five percent of the existing multifamily dwellings within a structure.

ii.

The space includes, but is not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

iii.

The ADU shall not be rented for a term less than thirty days.

b.

Two Detached ADUs subject to the following standards:

i.

The height of the Detached ADU shall not exceed sixteen feet.

ii.

The side and rear setbacks of the Detached ADU shall be a minimum of four feet.

iii.

The Detached ADU(s) shall not be rented for a term less than thirty days.

C.

Where Allowed.

1.

Accessory Dwelling Units may be established on any lots zoned to allow single family or multifamily residential uses.

D.

General Requirements. Accessory Dwelling Units shall conform to the following:

1.

Architectural Compatibility. The architectural design, exterior materials and colors, roof pitch and style, type of windows, and trim details of an Accessory Dwelling Unit shall be substantially the same as, and visually harmonious and or compatible with the primary dwelling, as determined by the Zoning Administrator.

2.

Windows. All Accessory Dwelling Unit windows facing a side yard or rear yard of an adjacent property and located less than five feet from the shared property line shall be clerestory (minimum of six and one-half feet above the finished floor height).

3.

Parking. No parking spaces shall be required. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit or converted to an Accessory Dwelling Unit, replacement off-street parking spaces shall not be required.

4.

Building Code Compliance. Notwithstanding any other provision of this section, Accessory Dwelling Units shall be developed in compliance with Title 16, Buildings and Construction, of the El Cerrito Municipal Code.

Owner Occupancy. A legal owner of the property shall occupy either the primary dwelling or the Accessory Dwelling Unit, as the owner's primary residence, except that owner occupancy shall not be required for any Accessory Dwelling Unit permitted between January 1, 2020 and December 31, 2024, in accordance with Government Code section 65852.2(a)(6) or as otherwise amended. After December 31, 2024, a deed restriction shall be required as following:

a.

Deed Restriction. Before obtaining a building permit for an Accessory Dwelling Unit, the owner of the lot or parcel shall file with the County Recorder a declaration or agreement of restrictions that has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that:

i.

The Accessory Dwelling Unit shall not be sold separately.

ii.

Accessory Dwelling Unit shall be considered legal only as long as either the Primary Dwelling or the Accessory Dwelling Unit is occupied by an owner of record of the property.

A.

This section shall only be required in accordance with Government Code section 65852.2(a)(6).

iii.

An Accessory Dwelling Unit shall be maintained as a separate living unit and shall not be converted as an addition to a primary dwelling unit.

iv.

The restrictions shall be binding upon any successor in ownership of the property and lack of compliance may result in legal action against the property owner.

6.

Sale Prohibited. An Accessory Dwelling Unit may be rented, but shall not be sold or otherwise conveyed separately from the primary dwelling.

E.

Development Standards.

1.

Setbacks.

a.

Detached ADUs and Attached ADUs. Side and rear setbacks shall be no less than four feet. Detached and Attached ADUs shall comply with the front setback requirements applicable to the primary dwelling unit(s) in the

zoning district where the respective ADU is proposed, and with the Lot Location requirements below.

b.

Interior ADUs. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted or partially converted to an Accessory Dwelling Unit.

2.

Floor Area.

a.

Accessory Dwelling Units shall be subject to the following maximum floor area:

b.

An Accessory Dwelling Unit must have a floor area of at least one hundred fifty square feet and shall not preclude an Efficiency Unit.

c.

Attached ADU. The total floor area of an Attached ADU shall not exceed fifty percent of the existing primary dwelling unit(s) or eight hundred square feet, whichever is more. In the event of a conflict between this subsection and the maximum floor areas in subsection a, the Attached ADU shall be subject to the lower square footage requirement.

3.

Height.

a.

The maximum height of a Detached ADU shall be sixteen feet.

b.

The maximum height of an Attached ADU shall comply with daylight plane, building height, and any other provisions relevant to building height applicable to the primary dwelling unit in the zoning district where the Accessory Dwelling Unit is proposed.

4.

Entries/Access. An Accessory Dwelling Unit shall have exterior access that is independent from that of the primary dwelling unit. No specific path or passageway shall be required in conjunction with the construction of an ADU, but the unit must meet the requirements of Title 16, Buildings and Construction, of the El Cerrito Municipal Code.

a.

Attached ADUs. The exterior access to an Attached ADU shall be located at least ten feet behind the exterior access to the primary unit, or shall be located on the side or rear of the dwelling.

5.

Lot Location.

a.

Detached ADUs—Interior Lots. A Detached ADU shall be located behind the primary dwelling(s) in relation to the front lot line. For the purpose of this regulation, "behind" shall mean that at least one of the following criteria is met:

i.

All portions of the ADU are located behind all portions of the primary unit(s).

ii.

The ADU is located partially behind the primary dwelling unit(s), and the front façade of the ADU is at least twenty feet farther from the front lot line than is the front facade of the primary unit(s).

iii.

The ADU is located entirely in the rear half of the lot.

b.

Attached Units. If an Attached ADU is created through an addition to an existing single-family dwelling at the second or higher story of the dwelling, such ADU shall be located in the rear half of the structure.

6.

Exceptions. Exceptions to the above standards shall require an Administrative Use Permit, according to the procedures of Chapter 19.34, Use Permits. In addition to the findings for approval of Section 19.34.040, the decision-making authority shall only grant approval if it finds the Accessory Dwelling Unit is compatible with, and preserves, the applicable residential character of the primary dwelling and the surrounding neighborhood. Additionally:

a.

The hearing shall be publicly noticed not less than twenty-one days in the local newspaper and to all property owners located within a three hundred-foot radius.

b.

Any decision of the Zoning Administrator may be appealed directly to the Planning Commission.

7.

Limitations. Notwithstanding any local development standards, including, but not limited to, unit size, lot size, lot coverage, floor area ratio, and/or open space; an Accessory Dwelling Unit that is no more than eight hundred square feet with minimum four-foot side and rear yard setbacks, and a maximum height of sixteen feet, shall be allowed provided the unit will be constructed in compliance with all other local development standards.

(Ord. 2008-2 Div. II (part), 2008; Ord. No. 2009-03, § XII, 4-20-2009; Ord. No. 2017-04, § 2, 6-6-2017; Ord. No. 2021-03, § 4, 11-16-2021)

19.20.195 - Junior accessory dwelling units.

A.

Applicability. This section applies to Junior Accessory Dwelling Units. Junior Accessory Dwelling Units in compliance with this section shall be allowed pursuant to Section 19.20.190.B.1.a.

B.

Where Allowed. Junior Accessory Dwelling Units may be established on any lot in a RS zoning district, as identified in Chapter 19.06, with a proposed or existing primary single-family dwelling. Only one Junior Accessory Dwelling Unit is permitted per lot.

C.

General Requirements. Junior Accessory Dwelling Units shall conform to the following:

1.

Parking. No parking spaces shall be required. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of a Junior Accessory Dwelling Unit or converted to a Junior Accessory Dwelling Unit, replacement off-street parking spaces shall not be required.

2.

Short-term Rentals. Junior Accessory Dwelling Units may not be rented for less than thirty days.

3.

Building Code Compliance. Notwithstanding any other provision of this section, Junior Accessory Dwelling Units shall be developed in compliance with Title 16, Buildings and Construction, of the El Cerrito Municipal Code.

4.

Owner Occupancy. A legal owner of the property shall occupy either the primary dwelling or the Junior Accessory Dwelling Unit, as the owner's primary residence. Prior to the issuance of a building permit for a Junior Accessory Dwelling Unit, the applicant shall record notice of this requirement as a deed restriction.

a.

Exception. This section shall not apply if the owner is a governmental agency, land trust, or housing organization.

5.

Sale Prohibited. A Junior Accessory Dwelling Unit shall not be sold, transferred, or assigned separately from the primary dwelling.

6.

Deed Restriction. Before obtaining a building permit for a Junior Accessory Dwelling Unit, the owner of the lot or parcel shall file with the County Recorder a declaration or agreement of restrictions that has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that:

a.

The Junior Accessory Dwelling Unit shall not be sold separately; and

b.

The Junior Accessory Dwelling Unit shall be considered legal only as long as either the Primary Dwelling or the Accessory Dwelling Unit is occupied by an owner of record of the property; and

c.

The restrictions shall be binding upon any successor in ownership of the property and lack of compliance may result in legal action against any property owner; and

d.

The Junior Accessory Dwelling Unit shall be restricted to the size and attributes in accordance with this section.

D.

Development Standards.

1.

Location. A Junior Accessory Dwelling Unit shall be constructed entirely within the walls of the proposed or existing single-family residence.

2.

Entries/Access. A Junior Accessory Dwelling Unit shall have exterior access that is independent from that of the primary dwelling unit. No specific path or passageway is required in conjunction with the construction of a JADU, but the unit must meet the requirements of Title 16, Buildings and Construction, of the El Cerrito Municipal Code.

Efficiency Kitchen. A Junior Accessory Dwelling Unit shall include an efficiency kitchen, which shall include all of the following:

a.

A cooking facility with appliances; and

b.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior Accessory Dwelling Unit.

(Ord. No. 2021-03, § 5, 11-16-2021)

Tattoo establishments shall be located, developed, and operated in compliance with the following standards:

A.

Tattoo establishments shall be located a minimum distance of 1,000 feet from other tattoo parlors.

B.

Tattoo establishments shall have all licenses required by the State or County.

(Ord. 2008-2 Div. II (part), 2008.)

Editor's note— Ord. No. 2015-08, § 2.A., adopted Oct. 6, 2015, repealed § 19.20.210, which pertained to tobacco sales and derived from Ord. 2008-2, Div. II(part), adopted in 2008.

Chapter 19.21 - GENERAL SITE STANDARDS

Sections:

The purpose of this Chapter is to establish specific site standards that apply to several or all districts.

(Ord. 2008-2 Div. II (part), 2008.)

19.21.030 - Development on lots divided by district boundaries.

A.

Generally. The regulations applicable to each district shall be applied to the area within that district and no use shall be located in a district in which it is not a permitted or conditionally permitted use, except in situations listed in Subsection (B) below. When deemed appropriate, the applicant or City shall initiate a zone change to make the zoning district lines consistent with parcel lines.

B.

Exception. If more than 60 percent of the lot is in one zoning district; the Zoning Administrator may grant exceptions to Subsection A, above, based on consideration of the proposed use of the parcel, and the existing uses on surrounding parcels. Such an exception shall be considered through the Administrative Use Permit process, following the provisions of Chapter 19.34, Use Permits.

(Ord. 2008-2 Div. II (part), 2008.)

All mechanical and electrical equipment and antennas shall be screened or incorporated into the building design so as not to be visible from a public street, freeway, BART tracks, or adjacent private property in residential districts. These include, but are not limited to, all roof-mounted equipment, utility meters, cable equipment, telephone entry boxes, backflow preventers, irrigation control valves, electrical transformers and pull boxes. Screening materials shall be consistent with the materials of the building and blend into the architectural character of the building.

(Ord. 2008-2 Div. II (part), 2008.)

The following performance standards shall apply to development within the city:

A.

Lighting. Lighting shall be provided subject to the following requirements:

1.

All Exterior Lights. All exterior lights shall be designed, located, installed, directed and shielded in such a manner as to prevent glare across property lines. Exterior lighting shall be directed downward and away from adjacent properties and the public right-of-way. Shielded shall mean that the light rays are directed onto the project site, and any objectionable glare is not visible from an adjacent property or rights-of-way.

2.

Protection and Shielding. All exterior bulbs shall be protected by weather- and-vandal- resistant covers.

3.

Residential Buildings. Aisles, passageways and recesses related to and within a building complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness.

4.

Nonresidential Buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one foot-candle of light. Lighting devices shall be protected by weather- and vandal- resistance covers.

B.

Noise. The following noise standards are guidelines and performance-based standards only as shown in the Noise section of the Resources and Hazards element of the General Plan. If an area currently is below the desired maximum noise levels, an increase in noise up to the maximum should not necessarily be allowed. The impact of a proposed project on an existing land use should be evaluated in terms of the increase in existing noise levels and potential for adverse community impact.

1.

Definitions. The following definitions apply to the provisions of this Section only.

a.

"Normally acceptable" noise exposure means that the specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements.

b.

"Conditionally acceptable" noise exposure means that the specified land use may be permitted with the preparation of a noise study and only after detailed analysis of the noise reduction requirements and needed noise insulation features are included in the design.

c.

"Unacceptable" noise exposure means that new construction or development should generally not be undertaken because mitigation is usually not feasible to comply with Noise Element policies.

2.

Outdoor Noise Levels. All new development shall comply with the outdoor noise standards established in Table 19.21-A below.

TABLE 19.21-A OUTDOOR NOISE LEVELS

a.

Outdoor Noise Levels for Residential Areas. The goal for maximum outdoor noise levels in residential areas is an Ldn of 60 dB. This level is a requirement to guide the design and location of future development and is a goal for the reduction of noise in existing development. This goal will be applied where outdoor use is a major consideration (e.g., backyards in single-family housing developments and open space areas in multi-family housing projects). The outdoor standard will not normally be applied to the small decks associated with apartments and condominiums but these will be evaluated on a case-by-case basis. Where the Zoning Administrator determines that providing an Ldn of 60 dB or lower outdoors is not feasible, the outdoor goal may be increased to an Ldn of 65 dB at the discretion of the Planning Commission.

b.

Impacts of BART Noise on Residential Uses. If the noise source is BART, then the outdoor noise exposure criterion should be 70 Ldn for future development, recognizing that BART noise is characterized by intermittent loud events.

c.

Other Non-Transportation Noise Sources. For other non-transportation related noise sources, noise levels outdoors should not exceed the limits in Table 19.21-A, Outdoor Noise Levels, above.

3.

Indoor Noise Levels. All new development shall comply with the indoor noise standards established in Table 19.21-B below.

TABLE 19.21-B

INDOOR NOISE LEVELS

1 As required by the State of California Noise Insulation Standards

a.

Indoor Instantaneous Noise Levels. Interior noise levels in new residential units exposed to an Ldn of 60 dB or greater should be limited to a maximum instantaneous noise level of 50 dBA in the bedrooms. Maximum instantaneous noise levels in other rooms should not exceed 55 dBA. The typical repetitive maximum instantaneous noise level at each site would be determined by a noise meter. Examples would include trucks passing by on busy streets, BART trains passing by, and train warning whistles.

Evaluation of Noise Impacts in Existing Residential Areas. The noise environment in existing residential areas shall be protected. The City shall require the evaluation of mitigation measures for projects under the following circumstances:

a.

The project would cause the Ldn to increase three dBA or more.

b.

Any increase would result in an Ldn greater than 60 dBA.

c.

The Ldn already exceeds 60 dBA.

d.

The project has the potential to generate significant adverse community response.

5.

Noise Study Required. The Zoning Administrator may require a noise study to be prepared for all new uses with outdoor noise levels within the conditionally acceptable range in Table 19.21-A above, or uses that, in the Zoning Administrator's opinion, may not meet the standards of the Noise Section of the Resources and Hazards General Plan Element. The noise study shall, at a minimum, conform to the following standards:

a.

The analysis shall be prepared by a qualified person experienced in the fields of environmental noise assessment and architectural acoustics.

b.

Noise levels shall be documented with sufficient sampling periods and locations to adequately describe local noise conditions and noise sources.

c.

Existing and projected noise levels shall be estimated in terms of Leq and Ldn or CNEL. Levels shall be compared to the existing ambient noise levels.

d.

Mitigation shall be recommended, giving preference to site planning and design rather than noise barriers, where feasible.

e.

Noise exposure after the prescribed mitigation measures have been implemented shall be estimated.

Noise Mitigation Measures. The approval body may require a project to incorporate any noise mitigation measures deemed necessary to ensure that noise standards are not exceeded.

C.

Fire and Explosion Hazards. All activities involving the use of, or storage of, flammable and explosive materials shall be operated with adequate safety devices against the hazard of fire and explosion, and adequate fire fighting and fire-suppression equipment and devices, as approved by the fire department. All incineration is prohibited.

D.

Radioactivity or Electrical Disturbance. No use, activity or process, other than wireless communications which are regulated specifically in Chapter 19.28, Telecommunications, or other activities regulated by Federal agencies, shall cause electromagnetic interference with normal radio or television reception in residential districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated.

E.

Vibration. No use, activity or process shall produce vibrations that are perceptible without instruments by a reasonable person at or beyond the property line of the site on which they are situated.

F.

Smoke, Particulate Matter, Odor and Other Air Contaminants. All uses, activities or processes, except those properties with single-family homes, shall be conducted to prevent the emission of particulate matter or air contaminants that are readily detectable without instruments by a reasonable person beyond the property line of the site on which they are situated. All required permits from the Bay Area Air Quality Management District shall be obtained.

G.

Humidity, Heat and Cold. All uses shall be operated so as not to produce humidity, heat or cold which is perceptible without instruments by a reasonable person at or beyond the property line of the site on which such uses are situated.

H.

Liquid or Solid Wastes. The following standards apply:

1.

Discharges to Water or Sewers. Discharges into any groundwater or waterways (whether direct or indirect), public or private sewer or sewage disposal system, or into the ground, shall conform with the requirements of the Regional Water Quality Control Board, the California Department of Fish and Game, the California Department of Public Health, or such other relevant governmental agency.

2.

Solid Wastes. Solid wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. Suitable containers shall be provided to prevent scattering of trash by animals or wind. Suitable space and containers shall be provided to encourage on-site sorting and collection of recyclables.

(Ord. 2008-2 Div. II (part), 2008.)

19.21.060 - Recycling and solid waste facilities in new development.

A.

Purpose. The City of El Cerrito must divert 50 percent of its solid waste through source reduction, recycling, composting activities and other mechanisms. The lack of adequate designated areas in commercial, residential and industrial projects proposed in the city for the collecting, storing and loading of recyclable materials is a significant impediment to the City's ability to meet this requirement. The purpose of this section is to provide that projects designate areas for the collecting, storing and loading of recyclable materials, subject to the conditions specified herein.

B.

Definitions. The following definitions apply to the provisions of this Section only.

1.

"New development project" means any newly constructed commercial, industrial, or institutional building or cluster of buildings, for which an application for a building permit or other discretionary approval is submitted on or after February 1, 1994.

2.

"New project" means any new development project, new residential project, and new public facility, as those terms are defined by this Section.

3.

"New residential project" means a newly constructed residential project for which an application for a building permit or other discretionary approval is submitted on or after February 1, 1994, and which consists of either of the following:

a.

A single building having three or more dwelling units; or

b.

A residential project consisting of more than one dwelling unit where solid waste is not collected and loaded from each individual unit's curbside but is instead collected and loaded in locations intended to serve more than one dwelling unit.

"Existing development project" means any commercial, industrial, or institutional building, or cluster of buildings, constructed prior to February 1, 1994.

5.

"Existing project" means any existing development project and existing residential project, as those terms are defined by this Section.

6.

"Existing residential project" means a residential project which was constructed before February 1, 1994 and which consists of either of the following:

a.

A single building having five or more dwelling units; or

b.

A residential project consisting of five or more dwelling units where solid waste is not collected and loaded from each individual unit's curbside, but is instead collected and loaded in locations intended to serve more than five dwelling units.

7.

"New public facility" means any new public facility where solid waste is collected and loaded, and any improvements for areas of a public facility used for collecting and loading solid waste which is constructed on or after February 1, 1994.

8.

"Recycling area (areas for recycling)" means the interior or exterior space allocated for collecting, storing and loading recyclable material.

C.

New Projects. Any new development project, new residential project, or new public facility for which a building permit is required shall include adequate, accessible and convenient areas for collecting, storing and loading recyclable materials, subject to the following requirements:

1.

No building permit shall be issued for any new project until the recycling area is approved for design review by the Zoning Administrator or the Design Review Board, pursuant to Chapter 19.38, Design Review, based on the recommendations from the Integrated Waste Services Manager.

2.

In reviewing the recycling area, the Design Review Board, the Zoning Administrator and the Integrated Waste Services Manager shall consider the standards listed in subsection (E) below.

As a condition of approval for any new project by the City, the applicant must first obtain approvals from the Integrated Waste Management department.

D.

Existing Projects. By June 30, 1995, the owners or operators of each existing development project and each existing residential project which has not by that date constructed a City-approved recycling area, shall submit a plan to the Integrated Waste Services Manager providing for the location and construction of an adequate, accessible and convenient area for collecting, storing and loading recyclable materials. Such plan must first be approved by the Integrated Waste Management department prior to further City review. The recycling area and plan are subject to the following requirements:

1.

In the case of an existing development project, the recycling plan may include the designation of a recycling area to be shared by two or more of the owners or operators of the development project, or of two or more contiguous projects, so long as adequate space for all expected recyclable materials are provided.

2.

In the case of an existing development project where solid waste is collected and stored in a location which serves multiple tenants of the development project, the proposed recycling area shall be designed in such a manner as to be adequate, accessible and convenient to the needs of these multiple tenants and the recycling collector(s).

3.

The Integrated Waste Services Manager shall review the plan for the recycling area based on the standards of subsection (E) below. Once the plan is approved by the Zoning Administrator, the owner or operator of the project shall have 60 days to implement the plan and provide the approved recycling area. A decision of the Zoning Administrator regarding the recycling area may be appealed to the Planning Commission in accordance with the time limits and procedures specified in Chapter 19.39, Appeals of this Zoning Ordinance.

4.

If, prior to June 30, 1995, the owner or operator of an existing development project or an existing residential project seeks either: (1) a building permit for project renovations in an amount equal to or exceeding twenty thousand dollars ($20,000) in any consecutive 12-month period; or (2) a discretionary permit from the El Cerrito Zoning Administrator, Planning Commission or Design Review Board, the owner or operator of the project shall submit a plan providing for the location and construction of an adequate, accessible and convenient area for collecting, storing and loading recyclable materials.

5.

For those projects requiring a discretionary permit described in subsection (D)(4) above, conditions regarding the recycling area may be attached to any permit issued by the Planning Commission or the Design Review Board for permits and renovations subject to review by those bodies. For renovations not subject to review by the Planning Commission or the Design Review Board, the Zoning Administrator, based on a recommendation from the Integrated Waste Services Manager, must approve the recycling area before a building permit may be issued. A decision of the Zoning Administrator regarding the recycling area may be appealed to the Design

Review Board in accordance with the time limits and procedures specified in Chapter 19.39, Appeals, of this Zoning Ordinance.

6.

In reviewing the plans for a recycling area, the Zoning Administrator, Planning Commission or Design Review Board shall rely on the standards contained in subsection (E) below.

E.

Recycling Area Standards. The following criteria shall apply to the review of the plans for a recycling area:

1.

The recycling area shall be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation.

2.

The design, construction and location of the recycling area shall not be in conflict with any applicable federal, state or local laws relating to fire, building, access, transportation circulation or safety.

3.

Driveways and travel aisles should provide unobstructed access for the collection, storage and loading of recyclable materials.

4.

Developments and transportation corridors adjacent to the recycling area shall be adequately protected from any adverse impacts such as noise, odor, vectors or glare through the incorporation of conditions including, but not limited to, adequate separation, fencing and landscaping.

5.

Areas for recycling shall be adequate in capacity, number and distribution to serve the project, and shall be placed in a location and manner which best serves the convenience of the intended users of the recycling area. Recycling areas shall be accessible by recycling collector(s), their equipment and trucks, and must be easily accessed from the street or alleyway.

6.

Recycling area dimensions shall be adequate to accommodate the needs of the project.

7.

An adequate number of bins or containers to allow for the collection, storage and loading of recyclable materials shall be located within the recycling area.

8.

Recycling areas will be located in or adjacent to refuse collection areas in order to provide clear recycling and garbage disposal options for users of the building(s). Exceptions may be made in unity at the discretion of the

Zoning Administrator, upon consultation with the Integrated Waste Services Manager.

F.

Change in Recycling Area Location. An owner or operator may not modify the design, location or configuration of a recycling area approved by the Zoning Administrator, Planning Commission or Design Review Board, without first consulting the Zoning Administrator to determine if any other City approvals are required.

G.

Solid Waste and Recycling Enclosures.

1.

Purpose. The purposes of this Section are to:

a.

Establish design and locational criteria for the construction of solid waste and recycling-container enclosures.

b.

To ensure that enclosures are functional, serviceable, durable, unobtrusive, and architecturally compatible with adjacent buildings.

c.

To ensure adequate areas for the storage of recyclable materials as required by the California Solid Waste Reuse and Recycling Access Act of 1991.

2.

General Requirements and Alternatives.

a.

Generally. Solid waste and recycling-container enclosures are required for four or more new dwelling units and for commercial or industrial buildings that exceed 10,000 square feet.

b.

Alternatives. Projects with 10 or fewer residential units may have individual trash containers for each unit, provided that there is a designated screened storage location for each individual trash container adjacent to the dwelling unit, that each unit brings solid waste and recycling containers to the curbside for regular weekly or biweekly collection, and that all containers are removed from the curbside and put in their storage location within 24 hours of collection.

3.

Location and Orientation. All enclosures shall comply with the California Fire Code and shall meet the following requirements unless it is demonstrated that they are infeasible. A building permit shall not be issued for a project until documentation of approval of the location is provided by the Zoning Administrator.

a.

No enclosures shall be located within any required front yard or street side yard setback areas unless it is satisfactorily demonstrated to the Zoning Administrator that due to originality of design, architectural treatments, and lack of visibility of loading areas, the location meets the intent of this Section.

b.

Solid waste and recycling enclosures shall be located so that the then current equipment used by the City of El Cerrito's franchised solid waste collector and El Cerrito's municipal recycling collection trucks have sufficient maneuvering areas and, if feasible, so that the collection equipment can avoid backing. The enclosure pad shall have an apron with a minimum width of 10 feet and length of 30 feet. Projects and applicants are responsible for procuring current equipment size and turning radius from the City of El Cerrito's franchised solid waste collector and El Cerrito's municipal recycling collection division.

c.

All enclosure types shall be consolidated to minimize the number of collection sites and located so as to reasonably equalize the distance from the building spaces they serve. For multi-family residential projects, there should be a minimum of one trash enclosure per fifty units and the enclosure should be located within 100 feet of the residential units. Exceptions may be approved by the Zoning Administrator to take into account specifics of the site plan and unit location.

d.

The area in front of and surrounding all enclosure types shall be kept clear of obstructions, shall not be utilized for parking, and shall be painted, striped, and marked "No Parking."

4.

Materials, Construction, and Design. The materials, construction and design of solid waste and recycling enclosures for single-family projects shall be subject to design review pursuant to Chapter 19.38, Design Review, in special situations where design review of structures is required. For commercial and multi-family projects, the various components of solid waste and recycling-container enclosures shall be constructed and thereafter maintained as follows:

a.

Enclosure Material. Enclosure wall material shall be a minimum of six foot high solid masonry or concrete tilt-up with a decorative exterior-surface finish compatible to the main structure(s).

b.

Gate Material. Gate material shall be decorative, solid, heavy-gauge metal or a heavy-gauge metal frame with a covering of a view-obscuring material. If not visible from a public street, public parking area, or residential area, the enclosure gates may be constructed of chain link with wood or plastic slats.

c.

Enclosure Pad. Four-inch-thick-minimum concrete pad.

d.

Bumpers. Six inches by six inches thick and made of concrete, steel, or other suitable material and shall be anchored to the concrete pad.

e.

Protection for Enclosures. Concrete curbs or equivalent shall protect enclosures from adjacent vehicle parking and travel ways.

f.

Travelways and Area in Front of Enclosure. An adequate base to support a truck weight of 62,000 pounds.

g.

Maintenance. Enclosures shall contain a functioning hose bib, and shall be maintained in a clean and orderly fashion.

h.

Visibility. Enclosures shall not be situated so as to obstruct vehicular or pedestrian visibility in an unsafe manner.

(Ord. 2008-2 Div. II (part), 2008.)

19.21.070 - Artificial bodies of water—Swimming pools, hot tubs, and ponds.

The following standards apply to artificial bodies of water, including but not limited to, swimming pools, hot tubs and ponds in all districts:

A.

Lot Coverage.

1.

Residential Districts. The maximum area for an artificial body of water, measured at the high-water line, shall be no more than 15 percent of the lot area.

2.

All Other Districts. The artificial body of water area shall be as approved by the decision-making body for any discretionary project, or by the Zoning Administrator if no discretionary approval is required.

3.

Rear Yard. No artificial body of water shall occupy over 60 percent of the required rear yard. Coverage by an artificial body of water shall not be considered in measuring maximum lot coverage by structures unless it is enclosed in a roofed structure.

B.

Location. The minimum distance from a lot line to the nearest point of artificial body of water and associated equipment shall be as follows:

C.

Enclosures for Swimming Pools and Hot Tubs.

1.

Swimming Pools. All swimming pools shall be completely enclosed by a protective fence at least four and onehalf feet in height, with no outside stringers. All entrances to the pool shall be protected by a self-closing and self-latching gate with latches installed at least four feet from the ground level. Any building may serve as a portion of the required enclosure so long as all doors leading from such buildings to the pool have self-closing and self-latching gates. Doors of occupied dwellings opening into pool area need not meet latch requirements.

2.

Hot Tubs. Hot tubs shall be either enclosed or screened to prevent noise and other disturbance to adjacent properties. When a hot tub is located in a required rear or side yard in a residential district, evergreen landscaping between six and eight feet in height shall be provided between the hot tub and fence separating adjacent properties to provide a privacy buffer. This requirement may be waived by the Zoning Administrator if there is a large setback from the property line, fencing taller than six feet, a structure enclosing the hot tub, or other feature that acts as a privacy buffer.

D.

Filter and Heating Systems. All pools and hot tubs located within 40 feet of a lot line shall provide adequate enclosure of all filter and heating systems to prevent noise and other disturbance to adjacent properties. Enclosures may consist of a double-walled structure, concrete block or concrete structure or pit, or insulation.

E.

Public Pool and Semipublic Pool. A Conditional Use Permit shall be obtained from the Planning Commission before the construction of any public pool. All public and semipublic pools shall meet all of the requirements of the state and local health departments, building codes, and the provisions of this Zoning Ordinance.

F.

Permanent Wading Pools. Permanent wading pools are not permitted in any required setback area and shall not be located or maintained in a manner contrary to the public health and safety of the people residing in the area.

G.

Engineer's Statement. A written statement from a civil engineer registered in the State of California that certifies that construction of the pool will not have a detrimental effect on any neighboring structures, may be required by the Building Official prior to the issuance of a building permit.

H.

Elevated Swimming Pools. All elevated swimming pools, constructed on the ground, may not be higher than four feet.

(Ord. 2008-2 Div. II (part), 2008.)

All electrical, telephone, cable television, and similar distribution lines providing direct service to a development site shall comply with all undergrounding requirements specified in Title 16, Buildings and Construction and Title 18, Subdivisions, of El Cerrito's Municipal Code.

(Ord. 2008-2 Div. II (part), 2008.)

Chapter 19.22 - AFFORDABLE HOUSING BONUS

Sections:

The purposes of this Chapter are to:

A.

Implement the policies of the General Plan Housing Element for encouraging and expanding housing opportunities for households with very-low and lower incomes, seniors, disabled, and other persons with special housing needs.

B.

Allow for density bonuses and additional incentives, consistent with Government Code Section 65915 and the General Plan Housing Element, for affordable housing, housing developed for seniors and disabled persons, and development that includes a childcare facility.

C.

Provide additional incentives for affordable housing containing three or more bedrooms to meet the needs of large families.

D.

Require resale and rental controls on affordable housing and ensure that lower income rental units remain affordable for at least 30 years or such other term approved by the City, consistent with State law.

(Ord. 2008-2 Div. II (part), 2008.)

A.

State Law Governs. The provisions of this chapter shall be governed by the requirements of Government Code Section 65915, as that statute is amended from time-to-time. Where conflict occurs between the provisions of this chapter and State law, the State law provisions shall govern, unless otherwise specified.

B.

Compatibility. All affordable housing units shall be dispersed within market-rate projects whenever feasible. Affordable housing units within market-rate projects shall be comparable with the exterior design and use of market-rate units in appearance, use of materials, and finished quality. The exterior design and appearance of the affordable housing units shall be compatible with the design of the total housing project and consistent with the surrounding neighborhood. Forms, materials and proportions that are compatible with the character of the surroundings shall be used.

C.

Availability. All affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as, the market-rate housing units within the same project unless both the City and the developer agree in the Affordable Housing Agreement to an alternative schedule for development.

D.

Affordable Housing Agreement. An Affordable Housing Agreement shall be made a condition of the discretionary planning permits for all projects granted a density bonus, pursuant to this Chapter. The Agreement shall be recorded as a restriction on the parcel or parcels on which the affordable housing units will be constructed. The Agreement shall be consistent with Section 19.22.060.D of this Chapter.

E.

Median Income Levels. For the purpose of determining the income levels for Households under this Chapter, the City shall use the Contra Costa County income limits found in Title 25, Section 6932 of the California Code of Regulations, and regularly updated and published by the State Department of Housing and Community Development, or other income limits adopted by the City Council if the State Department of Housing and Community Development fails to provide regular updates.

F.

Effect of Granting Density Bonus. The granting of a density bonus shall not, in and of itself, be interpreted to require a general plan amendment, zoning change, or other discretionary approval.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Density Bonus. Pursuant to Government Code Section 65915, the City shall grant a density bonus in the following amounts over the otherwise allowable maximum residential density permitted by this Title and the General Plan, and one or more of the Affordable Housing Incentives set forth in Section 19.22.050 below, if the applicant agrees or proposes to construct any one of the following:

1.

Lower Income Units. A density bonus of twenty percent if ten percent of the total units of a housing development are target units affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

2.

Very Low Income Units. A density bonus of twenty percent, if five percent of the total units of a housing development are target units affordable to very low income households, as defined in Section 50105 of the Health and Safety Code.

3.

Senior Citizen Housing Development. A density bonus of twenty percent, if a housing development qualifies as a Senior Citizen Housing Development, as defined in Section 51.3 of the Civil Code.

4.

Moderate Income Units in Condominium and Planned Unit Developments. A density bonus of five percent if ten percent of the total dwelling units in a condominium project, as defined in subdivision (f) of, or in a Planned Development, as defined in subdivision (k) of Section 1351 of the Civil Code, as Target Units affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.

5.

Housing Accompanied by Land Donation. A density bonus of fifteen percent, if a housing developer agrees to donate land to the City, subject to the requirements of Section 19.22.070.

B.

Applicability. The provisions of subsection (A) shall be applicable to residential projects of five or more units, and senior citizen housing developments of at least 35 units.

C.

Calculation of Density Bonuses.

1.

Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next whole number. The density bonus shall not be included when determining the number of target affordable or senior housing units to be provided in a development project.

2.

Sliding Scale for Greater Density Bonus. The number of units to which the applicant is entitled may exceed the percentage specified in subsection A if the percentage of affordable housing exceeds the percentages specified in subsection A, subject to the following provisions:

a.

Lower Income Dwellings. For each additional one percent increase above 10 percent in the proportion of units affordable to lower income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35 percent of the maximum allowable residential density for the site.

b.

Very Low Income Dwellings. For each additional one percent increase above five percent in the proportion of units affordable to very low income households, the density bonus shall be increased by 2.5 percent up to a maximum of 35 percent of the maximum allowable residential density for the site.

c.

Condominium and Planned Unit Developments. For each additional one percent increase above 10 percent in the proportion of units affordable to moderate income households in condominium and planned unit developments, the density bonus shall be increased by one percent up to a maximum of 35 percent of the maximum allowable residential density for the site.

d.

Housing Accompanied by Land Donation. For each additional one percent increase above the minimum 10 percent land donation described in Section 19.22.070, the density bonus shall be increased by one percent, up to a maximum of 35 percent of the maximum allowable residential density for the site.

D.

Applicant May Request Smaller Density Bonus. Notwithstanding the foregoing, the City may award a smaller density bonus than specified in this section if the Applicant so requests in writing.

(Ord. 2008-2 Div. II (part), 2008.)

A.

Density Bonus. When an applicant proposes to construct a housing development that conforms to the requirements of Section 19.22.030(A), Density Bonus, and includes a childcare facility other than a family day care home that will be located on the premises of, as part of, or adjacent to the project, the City shall grant either of the following:

1.

Additional Density Bonus. A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility, or.

2.

Additional Concession or Incentive. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

B.

Conditions of Approval. The City shall require, as a condition of approving the housing development, that the following occur:

1.

Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which Section 19.22.060.B requires that the affordable housing units remain affordable.

2.

Attending Children. The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level, pursuant to Section 19.22.030(A).

C.

Exceptions. The City shall not be required to provide a density bonus or concession for a childcare facility if it finds that, based upon substantial evidence, the community has adequate childcare facilities.

(Ord. 2008-2 Div. II (part), 2008.)

19.22.050 - Affordable housing concessions and incentives.

A.

Number of Incentives or Concessions. An applicant is entitled to receive incentives or concessions in addition to the density bonus as follows:

1.

One incentive or concession for projects that include at least ten percent of the total units for lower income households, at least five percent for very low income households, or at least ten percent for persons and families of moderate income in a condominium or planned development, or

2.

One incentive or concession for senior citizen housing developments, or

3.

Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least ten percent for very low income households, or at least 20 percent for persons and families of moderate income in a condominium or planned development, or

4.

Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a condominium or planned development.

B.

Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this chapter and State law. In addition to any increase in density to which an applicant is entitled, the City shall grant one or more incentives or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to subsection A, unless the City makes a written finding that either:

1.

The concession or incentive is not necessary in order to provide the proposed targeted units, or

2.

The concession or incentive would have a specific adverse impact that can not be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.

C.

Types of Affordable Housing Incentives. Affordable housing incentives may consist of any combination of the items listed below. In addition to the incentives listed, the City may allow for fast track and priority processing for project with affordable housing.

1.

Modification of Development Standards. Up to 20 percent in modification of site development standards or Zoning Ordinance requirements that exceed minimum building code standards and fire code standards, including, but not limited to:

a.

Reduced minimum lot sizes and/or dimensions.

b.

Reduced minimum building setbacks and building separation requirements.

c.

Reduced minimum outdoor and/or private outdoor living area requirements.

d.

Increased maximum lot coverage.

e.

Increased maximum building height.

2.

Reduced Parking.

a.

Upon the applicant's request, the City shall allow a reduction in required parking, excluding handicapped parking. Notwithstanding the foregoing, the parking must satisfy at least the following minimum ratios:

i.

One on-site space for zero to one bedroom units;

ii.

Two on-site spaces for two or more bedrooms.

b.

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

c.

At the applicant's request, tandem parking may be counted toward meeting these parking requirements.

3.

Mixed Use Zoning. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and such uses are compatible with the housing project and the surrounding area.

4.

Other Incentives. Other regulatory incentives or concessions may be considered for approval by the City that result in identifiable cost reductions or avoidance.

D.

Additional Affordable Housing Incentives. The City may allow for additional affordable housing incentives to be granted on a case-by-case basis, when requested by an applicant when more than 50 percent of the affordable housing units provided contain three or more bedrooms to meet the needs of large families.

(Ord. 2008-2 Div. II (part), 2008.)

19.22.060 - Administration of affordable housing.

A.

Application and Review Process. A preliminary review of development projects imposed pursuant to this Chapter is encouraged pursuant to Chapter 19.32, Common Procedures, to discuss and identify potential application issues, including proposed modifications to development standards. The applicant shall request in the application the incentives the applicant wishes to obtain. The application shall include financial data showing how the incentives are necessary to make the affordable units feasible. Applications shall be reviewed and processed according to the provisions of Chapter 19.32, Common Procedures.

B.

Duration of Affordability for Rental Units. All lower income and very low income housing units shall be kept affordable for a minimum period of 30 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, consistent with State law.

C.

Definition of Affordability. Those units targeted for lower income households as defined in Section 19.22.030 shall be affordable at a rent that does not exceed 30 percent of 60 percent of the area median income. Units targeted for very low income households shall be affordable at a rent that does not exceed 30 percent of 50 percent of area median income. Units targeted for moderate income households shall be affordable at a rent that does not exceed 35 percent of 110 percent of area median income. Median income levels shall be the income limits for Contra Costa County households as provided for in Section 19.22.020.E.

D.

Affordable Housing Agreement Required. All affordable housing projects shall be subject to the approval of an affordable housing agreement conforming to the provisions of Title 7, Division 1, Chapter 4, Article 2.5 of the Government Code, which shall be recorded as a covenant on the title to the Property. The terms of the Agreement shall be reviewed and revised as appropriate by the Zoning Administrator and City Attorney, who shall formulate a recommendation to the Planning Commission for final approval. This Agreement shall include, but is not limited to, the following:

1.

Number of Units. The total number of units approved for the projects, including the number of affordable housing units.

2.

Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.

3.

Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Rent or Sales Price.

4.

Certification Procedures. The party responsible for certifying rents or sales prices of units, and the process that will be used to certify renters or purchasers of such units.

5.

Schedule. A schedule for the completion and occupancy of the affordable housing units.

6.

Remedies for Breach. A description of the remedies for breach of the Agreement by either party.

Required Term of Affordability. For lower income and very low income units, duration of affordability of the housing units, pursuant to Section 19.22.060(B) above. Provisions should also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.

8.

Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units.

9.

Other Provisions. Other provisions to ensure implementation and compliance with this Chapter.

10.

Condominium and Planned Unit Developments. In the case of condominium and planned unit developments, the Affordable Housing Agreement shall provide for the following conditions governing the initial sale and initial resale and use of affordable housing units:

a.

Target Units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents as defined by this Chapter.

b.

Target Units shall be initially owner-occupied by eligible Very Low, Lower, or Moderate Income Households.

c.

Upon resale, the seller of a Target Unit shall retain the value of any improvements, the downpayment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City's proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.

11.

Rental Housing Developments. In the case of rental housing developments, the Affordable Housing Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period:

a.

The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining Target Units for qualified tenants.

b.

Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter.

c.

Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit.

E.

Notice of Conversions. Notice of conversions of affordable units to market-rate units shall be provided pursuant to the following requirements:

1.

General. At least one year notice shall be required prior to the conversion of any rental units for affordable households to market-rate.

2.

Required Notice. Notice shall be given to the following:

a.

The City.

b.

The State Housing and Community Development Department (HCD).

c.

The Contra Costa Housing Authority.

d.

The residents of the affordable housing units proposed to be converted.

e.

Any other person deemed appropriate by the City.

F.

Conversion of Affordable Rental Units. If an owner of a housing development issues a notice-of-intent to convert affordable housing rental units to market-rate housing, the City shall consider taking one or more of the following actions:

1.

Meet with the owner to determine the owner's financial objectives.

2.

Determine whether financial assistance to the current owner will maintain the affordability of the rental housing development or whether acquisition by another owner dedicated to maintaining the affordability of the development would be feasible.

3.

If necessary to maintain the affordability of the housing unit or facilitate sale of the rental development, consider the use of redevelopment housing set-aside funds or assistance in accessing state or federal funding.

(Ord. 2008-2 Div. II (part), 2008.)

19.22.070 - Density bonuses for housing developments accompanied by land donation.

The City shall grant a density bonus pursuant to Section 19.22.030 to a housing development if the applicant agrees to donate land to the City and the applicant satisfies all of the following requirements:

A.

The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application;

B.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development;

C.

The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure, as determined by the Director of Development Services;

D.

The transferred land has appropriate zoning and development standards to make the development of the affordable units feasible, as determined by the Director of Development Services;

E.

Prior to the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land has all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review if the design is not reviewed by the City prior to the time of transfer;

F.

The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units meeting the requirements of an affordable housing agreement as set forth in Section 19.22.060.D;

G.

The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the developer; and

H.

The transferred land is within the boundary of the proposed development or, if the City agrees, within onequarter mile of the boundary of the proposed development.

(Ord. 2008-2 Div. II (part), 2008.)