El Cerrito Municipal Code § 19.20.100 Home occupations

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.)

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:

1. 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.)

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:

1. 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:

1. 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.)

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 drive-through 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-of-way 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.

10. 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.

6. 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:

1. 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.)

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.

1. 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.)

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

A. Applicability. No person may establish an Outdoor Dining or Outdoor Retail Use on private property or in the public right-of-way without obtaining an Outdoor Dining and Retail Permit from the City in accordance with the requirements of this section. Outdoor Dining and retail uses shall be consistent with the standards in subsections (C) and (D) below, and the measures set forth in the Outdoor Dining and Retail Program Guidelines most recently in effect as may be amended. As used in this section, the term "applicant" shall include property owners, business owners, individuals or entities that submit an application to the City, and/or any other project sponsors applying to the City for an Outdoor Dining and Retail Permit and establishing or operating an Outdoor Dining or Outdoor Retail Use thereunder.

B. All Outdoor Dining and Outdoor Retail Uses. All Outdoor Dining or Outdoor Retail Use shall obtain an Outdoor Dining and Retail Permit issued by the City. Issuance of an Outdoor Dining and Retail Permit shall be subject to compliance with the following requirements:

1. Location.

a. Outdoor Dining and Outdoor Retail uses permitted pursuant to this chapter shall be located on properties containing an existing business, excluding Home Occupations, and adjacent pedestrian areas of public right-of-way. Outdoor Dining and Outdoor Retail uses must be operated in conjunction with an existing business. Outdoor Dining and Outdoor Retail uses must be located within the frontage of the existing business. The definition of "frontage" shall be as defined in the San Pablo Avenue Specific Plan ("SPASP"). Exceptions to the foregoing requirements shall be allowed with approval of an Administrative Use Permit.

b. Notwithstanding any provisions of the Zoning Ordinance and the SPASP, the use of outdoor private sidewalks, other private pedestrian areas, and private parking areas for outdoor dining and outdoor retail uses shall be permitted consistent with this chapter. The applicant must provide evidence to the City demonstrating valid authorization from the property owner for such use, including the size and location of the use, at the time of filing an application.

2. Compliance with the Outdoor Dining and Retail Program Guidelines. The establishment, operation, and maintenance of an Outdoor Dining or Outdoor Retail use shall comply with all requirements and regulations contained in the Outdoor Dining and Retail Program Guidelines most recently in effect.

3. Temporary Signs. In addition to any signage permitted for the associated business by the Zoning Ordinance and the SPASP, and notwithstanding any provisions of the Zoning Ordinance and SPASP to the contrary, a maximum of one free-standing menu or merchandizing board may be displayed, as set forth in the Outdoor Dining and Retail Program Guidelines. Free-standing signs must not encroach on the pedestrian right-of-way or the accessible path as required in subsection (B)(1) above.

4. Compliance with Applicable Laws. Outdoor Dining or Outdoor Retail uses shall comply with all applicable federal, state, and local laws at all times, including but not limited to all applicable Fire and Building Standards Code provisions.

5. County and State Requirements. Prior to establishing an Outdoor Dining or Retail Use, the applicant shall secure all applicable approvals and permits from the Contra Costa County Department of Environmental Health and/or the California Department of Alcohol Beverage Control (ABC) or other applicable approvals.

6. Requirements for Use in the Public Right-of-Way. Outdoor Dining or Retail Use occupying any portion of the Public Right-of-Way, including but not limited to public sidewalks, shall comply with the following requirements:

a. Hold Harmless Waiver. The applicant shall execute and provide to the City a written agreement, in a form approved by the City Attorney, that the applicant will indemnify, defend and hold harmless the City and designated City Indemnitees for any and all liabilities, claims, damages and expenses for any injuries or property damages in the Right-of-Way arising from the presence of such Outdoor Dining or Retail area in the Right-of-Way.

b. Certificates of Insurance. The applicant shall provide General Liability insurance, as approved by the City Attorney and the City's Risk Manager, in an amount not less than one million dollars naming the City and City Indemnitees as additional insureds; such policy shall remain in force at all times that the permit is in effect and the applicant shall provide verification of this policy to the City annually.

C. Permit Application Review and Approval.

1. Application. An application for Outdoor Dining or Retail Uses shall be filed with the City and shall be accompanied by copies, in a quantity as required on the City's published application checklist, of site plans, ownership information, activity descriptions, photographs, or other presentation material as may be necessary for complete review and consideration of the proposed outdoor dining activities. The applicant shall pay all applicable fees or deposits as set forth in the City's Master Fee Schedule most recently adopted by the City Council.

2. Review and Approval. Except as provided for in subsection (D) below, the City shall administratively process and review an application for Outdoor Dining or Retail Uses. The application will be reviewed against this section and the Outdoor Dining and Retail Program Guidelines most currently in effect. The application may be approved and an Outdoor Dining and Retail Permit may be issued if the City determines that the proposed Outdoor Dining and/or Outdoor Retail activities and design are consistent with all applicable requirements. Upon approval, the applicant shall execute all required agreements, pay all applicable outstanding fees or deposits as reflected herein and in the City's Master Fee Schedule, and obtain any required insurance, pursuant to the requirements herein.

D. Non-Removable Outdoor Dining. In addition to the requirements of subsection (B) above, an applicant seeking to install Non-Removable Outdoor Dining furnishing structures that are not readily removable shall be subject to the following additional requirements.

1. Design Review. Notwithstanding subsection (B)(7) above, the installation of furnishings and structures shall be subject to Tier I Design Review within the SPASP area or Administrative Design Review in all other areas.

2. Public Right-of-Way. For any use of the Public Right-of-Way such as public sidewalks, the following additional requirement shall apply:

a. Encroachment Permit. Applicants for an Outdoor Dining use in the public right-of-way with non-removable features shall obtain an Encroachment Permit from the City.

b. Removal of Fixtures Upon Termination. The applicant is required to remove all Outdoor Dining and Retail installations within ninety days upon termination of the Permit pursuant to subsection (E) below, or if the use has ceased for a duration of more than one hundred eighty days.

E. Termination of Outdoor Dining and Retail Permit.

1. Revocation Based on Complaints Received.

a. Any interested party observing a violation of this section or the Outdoor Dining and Retail Program Guidelines may submit a complaint to the City in accordance with the procedures set forth in the Guidelines.

b. The City will review all complaints received and determine if a complaint has been validly filed and can be substantiated. If the City determines that there is sufficient evidence to substantiate a validly filed complaint, the City will first provide a notice of violation to the party committing the violation in accordance with the procedures set forth in the Outdoor Dining and Retail Program Guidelines.

c. If the violation is not corrected as provided for in the Guidelines, the Zoning Administrator may take the following actions or refer the matter to Planning Commission to take the following action:

(1) Review an Outdoor Dining or Outdoor Retail Permit at a noticed public hearing and impose Conditions on said Outdoor Dining or Retail use under the permit; or

(2) May initiate revocation of the applicable permit for the Outdoor Dining or Outdoor Retail use in accordance with the procedures outlined in Chapter 19.32, Common Procedures of this Zoning Ordinance.

2. Cessation of Use. The applicant is required to remove the installation if not in use for a duration of more than one hundred eighty days.

F. Appeals. Decisions on Outdoor Dining and Retail Use application submissions and permit decisions may be appealed by the applicant to the City Manager or their designee within ten days of an action on the application. Design Review actions for non-removable Outdoor Dining may be appealed pursuant to Chapter 19.39: Appeals.

G. Violation—Penalty. Any person who violates, or causes or permits another person or entity to violate, any provision of this chapter shall be subject to administrative citations and fines as set forth under Chapter 1.14: Administrative Penalties.

(Ord. 2008-2 Div. II (part), 2008; Ord. No. 2026-01, § 3, 4-7-2026)

Editor's note— Ord. No. 2026-01, § 4, adopted April 7, 2026, repealed § 19.20.160, which pertained to outdoor retail sales and derived from Ord. 2008-2, Div. II (part), adopted in 2008.

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.

4. 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.)

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.

5. 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)

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.

3. 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.