Sections:

Sec. 4-44-010. Purpose and Applicability. Sec. 4-44-020. Accessory Structures and Uses. Sec. 4-44-030. Residential Accessory Uses and Structures. Sec. 4-44-040. Child day care centers. Sec. 4-44-050. Home Occupations. Sec. 4-44-060. Mixed-Use Projects. Sec. 4-44-070. Mobile Homes. Sec. 4-44-080. Mobile Home Parks. Sec. 4-44-090. Multi-Family Projects. Sec. 4-44-100. Outdoor Display and Sales. Sec. 4-44-110. Outdoor Storage. Sec. 4-44-120. Recreational Vehicle and Boat Storage. Sec. 4-44-130. Recycling Facilities. Sec. 4-44-140. Accessory Dwelling Units. Sec. 4-44-150. Service Stations. Sec. 4-44-160. Telecommunications Antennas. Sec. 4-44-170. Animal Keeping. Sec. 4-44-180. Alternative Energy Requirements. Sec. 4-44-190. Transitional and Supportive Housing. Sec. 4-44-200. Body Art Facilities. Sec. 4-44-210. Emergency Shelters. Sec. 4-44-220. Farmworker and Employee Housing. Sec. 4-44-230. Residential Care Facilities and Community Care Facilities. Sec. 4-44-240. Single-Room Occupancy Housing.

• A. Purpose. This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Allowable Land Uses Zoning District Standards) within individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts.

• B. Applicability. The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning and Subdivision Code.

  1. Where allowed. The uses that are subject to the standards in this Chapter shall be located in compliance with the requirements of Article 2 (Allowable Land Uses and Zoning District Standards).

  2. Planning permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the planning permit required by Article 2, except where a planning permit requirement is established by this Chapter for a specific use.

  3. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Articles 2 (Allowable Land Uses and Zoning District Standards) and 3 (Site Planning and General Development Standards).

  - **a.** The applicability of the standards in this Chapter to the specific land uses listed is determined by Sections 4-24-030 (Residential District Land Uses and Permit
  

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Requirements), 4-26-030 (Commercial District Land Uses and Permit Requirements), and 4-28-030 (Industrial and Public District Land Uses and Permit Requirements).

• b. In the event of any conflict between the requirements of this Chapter and those of Articles 2 or 3, the requirements of this Chapter shall control.

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ARTICLE 4 STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-44. STANDARDS FOR SPECIFIC LAND USES Sec. 4-44-030. Residential Accessory Uses and Structures.

This Section provides standards for accessory structures and uses, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards).

• A. Timing of construction. An accessory structure shall be constructed at the same time as, or subsequent to, the primary structure.

• B. Attached accessory structures. Where an accessory building is attached to the main building, the accessory building shall be made structurally a part of, and have a common roof with, the main building, and shall comply in all respects with the requirements of this chapter applicable to the main building.

• C. Location of detached structure in R zoning district. A detached accessory structure in a residential zoning district shall be located on the rear half of the lot, and at least 10 feet from any dwelling existing or under construction on the same lot or any adjacent lot. The accessory structure shall not be located closer than three feet to a side lot line, or in the case of a corner lot, shall not project beyond the front yard required or existing on the adjacent lot, nor be within five feet of the rear lot line.

D. Garage standards.

1. An attached or detached garage shall not be located within five feet of any alley.

2. The entrance opening of a residential garage that faces any front or street side property line shall be located a minimum of 20 feet from the property line.

This Section provide standards for residential accessory uses and structures, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards). These requirements do not apply to residential second units, which are instead regulated by Section 4-44-130 (Second Dwelling Units).

• A. Limitation on number. Only one residential accessory structure shall be allowed on any parcel in addition to a detached garage.

• B. Relationship to primary use. An accessory use and/or structure shall be incidental to the primary residential use of the site, and shall not alter the character of the primary use.

• C. Attached structures. An accessory structure attached to the primary structure shall comply with all zoning district requirements applicable to the primary structure, including setbacks, height limits, and site coverage; and shall also comply with any applicable requirements of Subsection E.

• D. Detached structures. An accessory structure that is detached from the primary structure shall comply with the following standards, except where Subsection E. establishes a different requirement for a specific type of accessory structure.

  1. Setbacks.

  - **a. Front setback.** An accessory structure shall not be located within a required front setback. 
  
  - **b. Side and rear setbacks.** An accessory structure with a height of 10 feet or
  

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less shall maintain side and rear setbacks of at least five feet. An accessory structure with a height greater than 10 feet shall comply with the setback requirements of the applicable zoning district.

  - **c. Separation between structures.** An accessory structure shall maintain at least a ten-foot separation from other accessory structures and the primary dwelling unit. 

  - **d. Double-frontage lot.** An accessory structure shall not occupy the front half of a parcel, or either front quarter of a double-frontage lot, unless it is setback at least 75 feet from any street lot line. 

  - **e. Reverse corner lot.** On a reverse corner lot that abuts a key lot, no accessory structure shall be nearer the street than a distance equal to the depth of the front setback required for the key lot. See Figure 4-1. 

2. Height limit. The height of an accessory structure other than a detached garage shall not exceed 12 feet, except where a greater height is authorized through Variance approval. The height of a detached garage shall comply with the height limit established by the applicable zoning district.

3. Coverage and size limitations. Where permitted, the aggregate coverage of accessory structures in required side and rear setbacks shall not exceed 500 square feet. The maximum site coverage for all structures on a parcel shall comply with the requirements of the applicable zoning district.

• E. Standards for specific accessory uses and structures. The following requirements apply to the specific types of accessory structures listed, in addition to the requirements of Subsection A., as applicable.

  1. Antennas. Antennas shall comply with the requirements of Table 2-3.

  2. Garages. A garage for a single-family dwelling shall comply with the following requirements. A garage for a multi-family project shall comply with the requirements of Section 4-44-100 (Multi-Family Projects).

  - **a. Limitation on number.** A single parcel shall have only one attached or detached garage. 
  
  - **b. Setback requirements.** 
  
     - **(1) Front setback.** A garage shall comply with the front setback requirements of the applicable zoning district. 
  
     - **(2) Side setbacks.** A garage shall be set back a minimum of five feet from side property lines. 
  
     - **(3) Rear setback.** An attached garage shall comply with the rear setback requirements of the applicable zoning district. A detached garage shall be set back a minimum of five feet from the rear property line where vehicles access the garage from the front of the lot, and shall be located a minimum of 25 feet from the opposite side of the alley where accessed from an alley. 
  
  - **c. Facade width, parking orientation.** The facade of any garage-door facing a street shall not exceed a width of 25 feet. 
  

  3. Greenhouses. An accessory greenhouse may occupy up to 400 square feet for each dwelling unit.

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4. Guest houses. A guest house shall comply with the requirements for second units in Section 4-44-120.

5. Patio covers. A patio cover that is attached to or detached from the primary dwelling, and open on at least three sides, may be located within the required rear setback subject to the following:

• a. No part of the patio cover shall be closer than ten feet to a property line.

• b. The five-foot separation from the primary dwelling unit required by Subparagraph E.1.c (Separation between structures), above does not apply; and

• c. The structure shall comply with the coverage and size limitations of Subparagraph E.3 (Coverage and size limitations), above.

6. Swimming pools. Non-commercial swimming pools are an allowed accessory use in any zoning district subject to the following requirements:

• a. Setbacks. No swimming pool shall be located within a required front or side setback, or within five feet of a property line; and

• b. Fence or wall. No swimming pool shall be located closer than five feet to a fence or wall.

7. Tennis and other recreational courts. A non-commercial outdoor tennis court, or a court for another sport, including basketball and racquetball, that is accessory to a residential use shall comply with the following requirements:

• a. Setbacks. No court shall be located within a required setback, or within ten feet of a any property line; and

  • b. Fencing. Court fencing shall comply with Section 4-30-030 (Fences, Walls, and Screening); and

  • c. Lighting. Court lighting shall require Use Permit approval, and shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall comply with Section 4-30-060 (Outdoor Lighting).

8. Workshops or studios. An accessory structure intended as a workshop or studio for artwork, crafts, light hand manufacturing, or hobbies, is subject to the following standards when located in a residential zoning district:

• a. Limitation on use. The use of an accessory structure as a studio shall be limited to: non-commercial hobbies or amusements; maintenance of the primary structure or setbacks; artistic endeavors, including painting, photography, or sculpture; or for other similar purposes. Any use of an accessory workshop for any commercial activity shall comply with Section 4-44-050 (Home Occupations); and

• b. Floor area. A workshop shall not occupy an area larger than 25 percent of the gross floor area of the primary structure; except that where a workshop is combined with a garage, see Subparagraph E.2 (Garages), above.

• A. Applicability. Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), child day care centers, other than small or large family day care homes, as those terms are defined and regulated by the Health and Safety Code, shall comply with

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the standards of this Section. These standards apply in addition to the other provisions of this Land Use Code and requirements imposed by the California Department of Social Services (DSS). DSS Licensing is required for all facilities, including small and large family day care homes.

• B. Definitions. Definitions of the child day care facilities regulated by this Section are in Article 8 (Glossary) under "Child Day Care Center."

• C. Standards for child day care centers. A child day care center shall be approved if it complies with the following standards:

  1. Fencing. Architectural Review shall be required for any proposed fencing.

  2. Parking. A child day care center shall provide parking and drop-off areas as follows:

  - **a.** Off-street parking shall be provided as required through the Use Permit process, but shall be a minimum of one space per employee on the largest shift. 
  
  - **b.** Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area. 
  

  3. Noise. Potential noise sources shall be identified during the Use Permit process, and noise attenuation and sound dampening shall be addressed.

  4. Additional standards. Each child day care center shall comply with applicable building and fire codes, any standards adopted by the State, and Social Services Department licensing requirements (California Code of Regulations, Title 22, Division 2, as may be amended or renumbered from time to time).

(Ord. No. 511, § 9, 10-19-21; Ord. No. 514, § 3, 3-15-22)

The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards).

• A. Business License required. A home occupation shall require a City Business License and a Home Occupation Permit. A permit to conduct a home occupation shall be obtained from the Director, or designee, prior to issuance of a business license.

• B. Limitations on use. The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations.

  1. Uses allowed as home occupations. The following and other uses determined by the Director to be similar may be approved by the Director in compliance with this Section.

  - **a.** Art and craft work (ceramics, painting, photography, sculpture, etc.); 
  
  - **b.** Office-only uses, including an office for an architect, attorney, consultant, counselor, doctor, insurance agent, planner, tutor, writer, and electronic commerce; and 
  
  - **c.** Tailors, sewing.
  

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2. Uses prohibited as home occupations. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:

  - **a.** Adult entertainment activities/businesses; 

  - **b.** Animal hospitals and boarding facilities; 

  - **c.** Automotive and other vehicle repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any vehicle engine, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks; 

  - **d.** Commercial cabinet or furniture making, and similar uses; 

  - **e.** Contractor's and other storage yards; 

  - **f.** Fitness/health facilities, except those allowed under Subsection B.1; 

  - **g.** Medical clinics and laboratories; 

  - **h.** On-site sales, except that mail order businesses may be allowed where there is no stock-in-trade on the site; 

  - **i.** Personal services as defined in Article 9 (Glossary), except those allowed under Subsection B.1; 

  - **j.** Transportation services, including ambulance, taxi, limousine, tow truck, etc. where the vehicles are parked on the property.; 

  - **k.** Uses which require explosives or highly combustible or toxic materials; 

  - **l.** Welding and machine shop operations; 

  - **m.** Wood cutting businesses; or 

  - **n.** Other uses the Director determines to be similar to those listed above. 

• C. Operating standards. Home occupations shall comply with all of the following operating standards.

1. Accessory use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.

2. Location of home occupation activities.

  - **a. R-E zoning district.** Allowed home occupation activities may be conducted within an approved accessory structure in the R-E zoning district, provided that at least two covered parking spaces are continually maintained. 

3. Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right-of-way, or from neighboring residential properties.

4. Signs. There shall be no signs, other than one name plate, not exceeding one square foot in area, and only if attached flush to a wall of the structure.

5. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.

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6. Off-site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the Director.

7. Outdoor display or storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.

8. Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.

9. Client/customer visits. The home occupation shall be operated so as to not require more than 6 vehicle trips per day of clients, customers, and/or visitors to the residence. On-site presence of clients or customers shall be limited to one client or family at a time, and only between the hours of 9:00 a.m. and 7:00 p.m.

10. Deliveries. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home pick-ups and deliveries.

11. Utility service modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use.

(Ord. No. 511, § 10, 10-19-21)

This Section provides standards for the design of mixed use projects, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards). A mixed use project combines residential and nonresidential uses on the same site, with the residential units typically located

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above the nonresidential uses (vertical mixed use). Residential units may be allowed at ground level behind street-fronting nonresidential uses (horizontal mixed use) only under the limited circumstances specified by this Section.

• A. Design considerations. A mixed use project shall be designed to achieve the following objectives.

  1. The design shall provide for internal compatibility between the residential and non-residential uses on the site.

  2. Potential glare, noise, odors, traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.

  3. The design shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts.

  4. The design shall ensure that the residential units are of a residential character, and that appropriate privacy between residential units and other uses on the site is provided.

  5. Site planning and building design shall provide for convenient pedestrian access from the public street into the nonresidential portions of the project, through such means as courtyards, plazas, and walkways.

  6. Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of building design, color, exterior materials and amenities, landscaping, street furniture, lighting, roof styles, scale, and signage.

• B. Mix of uses. A mixed use project may combine residential uses with any other use allowed in the applicable zoning district by Article 2 (Allowable Land Uses and Zoning District Standards), subject to the planning permit requirements of Article 2 for each use.

• C. Maximum density. The residential component of a mixed use project shall comply with the density requirements of the applicable General Plan designation.

• D. Site layout and project design standards. Each mixed use project shall comply with the property development standards of the applicable zoning district, and the following requirements.

  1. Location of units. Residential units shall not occupy ground floor space within the first 50 feet of floor area measured from each building face adjacent to a public or private street.

  2. Parking. In order to encourage the development of residential uses in existing and new commercial areas, the use of shared parking provisions shall be incorporated into mixed use projects in compliance with Section 4-36-080 (Reduction of Parking Requirements).

3. Loading areas. Commercial loading areas shall be located away from residential units and shall be screened from view from the residential portion of the project to the maximum extent feasible.

4. Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.

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• E. Performance standards.

  1. Lighting. Lighting for commercial uses shall be appropriately shielded to limit impacts on the residential units.

  2. Noise. Each residential unit shall be designed and constructed to minimize adverse impacts from nonresidential project noise, in compliance with Section 4-30-050 (Noise Standards).

  3. Hours of operation. A mixed use project proposing a commercial component that will operate outside of the hours from 7:00 a.m. to 7:00 p.m. shall require Use Permit approval to ensure that the commercial uses will not negatively impact the residential uses within the project, or any adjacent residential uses.

Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), a mobile home outside of a mobile home park shall comply with the standards of this Section.

• A. Site requirements. The site, and the placement of the mobile home on the site shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family dwelling on the same parcel.

• B. Mobile home design and construction standards. A mobile home outside of a mobile home park shall comply with the following design and construction standards. A mobile home that does not comply with these standards shall be allowed only within a mobile home park.

  1. The exterior siding, trim, and roof shall be of the same materials and treatment found in conventionally built residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same site.

  2. The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the mobile home, and the roof pitch shall be no less than 5:12.

  3. The mobile home shall be placed on a foundation system, subject to the approval of the Building Official; and

  4. The mobile home shall be certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 4401 et seq.), and has been constructed after January 1, 1989.

Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), a mobile home park shall comply with the standards of this Section.

• A. Minimum site area. A mobile home park shall only be established on a site of four acres or larger.

• B. Setback requirements for park perimeter and mobile home spaces. No mobile home space shall be located closer than:

  1. Ten feet from a front or street side property line of the mobile home park. "Street", as used in this section, shall not include alley. The setback shall be landscaped as required by the review authority.

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2. Five feet from any other property line of the mobile home park.

3. Five feet from any side lot or mobile home space boundary line.

• C. Storage areas. A large storage areas shall by provided for the storage of boats, campers, camping trailers, utility trailers, and extra vehicles at a ratio of 100 square feet of vehicle storage area for each mobile home space. Each vehicle storage area shall be completely enclosed with a fence six feet in height and shall be screened from exterior view.

• D. Landscaping. Each setback area abutting a public street shall be planted in grass, shrubs, trees, or other appropriate decorative materials and shall be kept landscaped and maintained in a clean and orderly manner.

• E. Fences. A solid fence not less than six feet in height shall be placed and maintained around the interior perimeter of a mobile home park or subdivision.

• F. Access. Each mobile home space shall be provided access from an internal, private street within the mobile home park, with no direct access from a mobile home space to a public street or alley.

• G. Internal streets. All private, internal streets within mobile home parks and mobile home subdivisions shall be paved with surfacing and improvements to the satisfaction of the City Engineer. The pavement width shall not:

  1. Be less than 28 feet in width if parking is prohibited on either side of the paved surface and adequate guest parking is provided;

  2. Be less than 32 feet if parking is permitted on one side of the paved surface; or

  3. Be less than 40 feet if parking is permitted on both sides of the paved surface.

• H. Parking requirements. In each mobile home park, two off-street parking spaces shall be provided for each mobile home space. One off-street guest parking space shall also be provided for every four mobile home spaces if internal on-street parking is not provided. Each off-street guest parking space shall be accessible to each of the four mobile home spaces and shall be within a reasonable distance of the four mobile homes.

ach mobile home park, two off-street parking spaces shall be provided for each mobile home space. One off-street guest parking space shall also be provided for every four mobile home spaces if internal on-street parking is not provided. Each off-street guest parking space shall be accessible to each of the four mobile home spaces and shall be within a reasonable distance of the four mobile homes.

• I. Signs. A mobile home park may be allowed a maximum of one sign for each entrance to a public street from the mobile home park. The sign shall not exceed 20 square feet in area or six feet in height from the ground and shall be parallel to the property line. If illuminated, the illumination shall be by indirect lighting. Each sign shall be adjacent to the entrance from the public street to the mobile home park or subdivision and not closer than 300 feet to any other such sign. No flashing or intermittent lighting shall be permitted.

• A. [Compliance; definition.] A new or remodeled multi-family project shall comply with the standards of this Section, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards). For the purposes of this Section, the term "remodeled" means the reconstruction or remodeling of at least 50 percent of the gross floor area of the original structure.

• B. Accessory structure design. Accessory structures and uses (e.g., bicycle storage, garages, laundry rooms, recreation facilities, etc.) shall be designed and constructed with an architectural style, exterior colors and materials similar to the structures in the project containing dwelling units.

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• C. Building facades adjacent to streets. A multi-family project of three or more dwellings shall be designed so that at least 75 percent of the length of the facade of each building adjacent to a public street is occupied by habitable space with windows. Each facade adjacent to a street shall have at least one pedestrian entry into the structure.

• D. Front setback pavement. No more than 40 percent of the front setback area shall be paved for walkways, driveways, and/or other hardcover pavement.

• E. Parking location. Off-street parking for a multi-family structure of three or more units shall be located so that garage doors, carports, and open parking spaces are not visible from the street fronting the parcel. A garage providing parking for a duplex or small-lot detached unit may be located in compliance with the following standards, in addition to the requirements of Chapter 4-36-040 (Parking and Loading).

  1. Front setback. A garage shall be set back from the front property line at least 10 feet further than the front facade of the dwelling, to reduce visual impact from the street.

  2. Side setback. A garage shall be set back a minimum of five feet from side property lines.

  3. Rear setback. A garage shall be set back a minimum of five feet from a rear property line.

  4. Facade width, parking orientation. The front facade of a garage shall not exceed a width of 25 feet. If more than 25 feet is proposed architectural relief and site plan review will be required.

• F. Open space. Each multi-family residential project shall provide permanently maintained outdoor open space for all residents (common space), in addition to required setback areas, except where the review authority determines that existing public park or other usable public open space is within convenient walking distance, or that the residential units are part of a vertical mixed use project and located within a commercial zoning district.

  1. Area required. Common open space shall be provided as required by Table 4-3, in addition to the setback areas required by the applicable zoning district.

Table 4-3—MULTI-FAMILY PROJECT OPEN SPACE REQUIREMENTS

2. Configuration of open space. Required open space areas shall be designed and located as follows. Landscaping shall comply with the requirements of Section 4-34 (Landscaping Standards).

• a. Common open space. Required common open space shall be: easily accessible; continuous; usable; separated from parking areas; landscaped; safe and secure. Each common open space area shall have a minimum dimension of 20 feet.

The review authority may allow required open space to be in different locations and/or with different dimensions where it determines that the alternative approach will provide open space of equivalent utility and aesthetic quality.

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3. Maintenance and control of common open space. Required common open space shall be controlled and permanently maintained by a Home Owners Association (HOA). Provisions for control and maintenance shall be included in property covenants of all common interest developments.

• G. Indoor recreation area. An indoor recreation area of at least 1,000 square feet is required for all multi-family projects of 30 units or more. Area occupied by other common indoor facilities, such as saunas and swimming pools, may count toward compliance with the outdoor common open space area requirements of Subsection F.

• H. Outdoor lighting. Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with Section 4-30-060 (Outdoor Lighting). The lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. Lighting of at least one foot candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened to minimize glare onto public sidewalks. Lighting fixtures/lamps shall be the most energy efficient available, including fluorescent, compact fluorescent, low pressure sodium, high pressure sodium, or other lighting technology that is of equal or greater energy efficiency. All proposed lighting shall be shown on the required landscape plan.

• I. Laundry facilities. Each multi-family and small lot single-family dwelling shall provide an individual laundry area within the unit or its garage, of sufficient size to accommodate a clothes washer and dryer, except that a multi-family project of five or more units may be designed to provide common laundry facilities as approved by the review authority. If located in the garage for an individual unit, the laundry area shall not encroach into the required parking area.

g shall provide an individual laundry area within the unit or its garage, of sufficient size to accommodate a clothes washer and dryer, except that a multi-family project of five or more units may be designed to provide common laundry facilities as approved by the review authority. If located in the garage for an individual unit, the laundry area shall not encroach into the required parking area.

• J. Window orientation. Where one or more windows are proposed 10 feet or less from a side lot line, or 10 feet from another residential structure on the same site, the windows shall located and/or screened to provide privacy for the residents of both structures to the maximum extent feasible.

• (Ord. No. 525, § 2(Att. A), 2-18-25)

Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), outdoor display and sales shall comply with the standards of this Section.

• A. Applicability. The provisions of this Section apply to temporary and permanent facilities for outdoor display and sales (e.g., garden nurseries, lumber yards, and similar uses where merchandise is displayed for sale).

• B. Sidewalk displays and sales. The display of merchandise, newsracks and sidewalk dining and seating may be permitted on a City of Gustine public right-of-way where allowed by Article 2, subject to compliance with the following criteria, in addition to the requirements of Subsection C. (Outdoor Eating Areas).

  1. Location requirements, and sidewalk clear zone. A paved pedestrian walkway at least six feet wide shall be maintained between property line and edge of curb, free and clear of and obstructions.

  - **a.** The display of merchandise, newsracks and sidewalk dining shall not obstruct sidewalk pedestrian traffic; accessibility to vehicles parked adjacent to the curb, or create health or safety hazards.
  

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• b. The placement of merchandise, newsracks or tables and/or chairs shall be limited to the sidewalk area frontage immediately adjacent to the use.

• c. All merchandise, newsrack, and/or outdoor dining and seating areas must be level with sidewalk, and accessible to the disabled, and shall be located as close to the back of the sidewalk (the sidewalk edge opposite the street) as possible.

2. Encroachment permit required. The applicant shall obtain a revocable encroachment permit.

• a. An encroachment permit will not be approved for portable or other signs within the public right-of-way, with the exception of banners advertising City-wide functions.

• b. Upon approval of the encroachment permit the applicant shall obtain all required building/electrical permits.

3. Sidewalk cafes. Sidewalk cafes shall be used only as seating areas.

• a. Storage, kitchen, any permanent facilities or restroom uses are not allowed.

• b. Tables and/or chairs must be movable unless otherwise approved by the Director upon concurrence with other City departments.

• c. Outdoor speakers or amplified music shall require Use Permit approval to ensure that sound levels do not cause problems for other land uses in the vicinity.

• d. Outdoor speakers or amplified music shall require Use Permit approval to ensure that sound levels do not cause problems for others in the vicinity.

• e. The service of alcoholic beverages is not allowed.

• f. The roofing material covering an outdoor café may be temporary, fixed, or retractable and can extend into the public right-of-way from the face of the building a distance up to the minimum six-foot clear zone dimension, or a maximum distance of 10 feet from the face of building, whichever is less. The width and height of awnings and canopies shall comply with the Uniform Building Code. Awnings, canopies, or similar protective shelter shall be fire-treated or non-flammable.

  • g. Decorative/accent lighting may be incorporated into the outdoor café awning, canopy, etc. and must meet all City code requirements.

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4. Insurance. Applicant shall obtain, maintain and provide proof of a comprehensive general liability insurance in the amount of $1 million or more (for each occurrence), naming the City as additionally insured. Proof of the insurance shall be submitted prior to issuance of the encroachment permit and shall be provided annually thereafter. The applicant's insurance shall be primary.

5. Removal of display. Each approved sidewalk display shall be removed at the end of each business day, except for newsracks in compliance with Subsection B.1.c

• C. Outdoor dining area on private property. An outdoor eating area may be allowed accessory and incidental to a restaurant with indoor eating area on the same site, provided that the outdoor eating area shall also comply with the parking requirements of Section 4-36-040 for restaurants.

• D. Permanent outdoor displays and sales. The permanent outdoor display and sale of merchandise may be allowed subject to the following standards.

  1. The outdoor display of merchandise shall not exceed a height of 10 feet above finished grade, unless a greater height is allowed through the approval of a Use Permit.

  2. Outdoor sales areas shall not encroach into required setback areas. In a zoning district where no setback is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines unless otherwise allowed through the approval of a Use Permit.

  3. Displayed merchandise shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for vehicle or pedestrian traffic.

  4. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel.

  5. Outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales shall be screened from the view of adjoining public rights-of-way by decorative walls, fences, or landscaping.

6. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area.

Where allowed by Article 2 (Allowable Land Uses and Zoning District Standards), outdoor storage and work areas shall comply with the following requirements.

• A. Enclosure and screening required. Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the Director with a minimum height of six feet and a maximum height of eight feet.

• B. Maximum height of stored materials. Materials within the storage area shall not be higher than the fence, except with Use Permit approval.

• C. Landscaped setback. In any case where an outdoor storage area abuts a street right-of-way, the required screening wall or fence shall be set back from the right-of-

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way as required by the applicable zoning district, and the set back area shall be landscaped to the approval of the Director, and in compliance with Chapter 4-34 (Landscaping Standards).

• D. Cargo containers. The use of a cargo container for storage outside of a building shall be allowed only within the IL zoning district, when entirely screened from the view of streets and residential areas. The Director may authorize the use of a cargo container for storage on the site of a construction project while work in compliance with a valid Building Permit is occurring on the site.

A recreational vehicle shall be parked/maintained in a mobile home park or may be parked/ maintained on the site of a dwelling within a residential zoning district under the following conditions:

• A. Storage in side or rear setback. A recreational vehicle or boat shall be stored in an interior side or rear yard setback, unless it can not comply with the other requirements of this Section, in which case it shall comply with the requirements of Subsection B. A fence or other personal improvement is not deemed to prevent reasonable access. The condition under which a recreational vehicle or boat shall be parked/stored is as follows:

  1. Shall not be situated closer than five feet to any main building or parked within two feet of the main building if there are no doors or windows being blocked and there is access to the rear yard.

  2. Parking shall be permitted inside any enclosed structure or carport that otherwise complies with the requirements of the applicable zoning district.

• B. Storage in front setback. A recreational vehicle or boat shall not be stored in the front yard setback area.

• C. Temporary parking in front setback. A resident who can not meet the conditions of parking/storage of their recreational vehicle or boat as indicated are permitted to park in the front yard under the following conditions:

  1. The vehicle shall be permitted to park for the expressed purpose of loading, unloading or minor maintenance. The time period for which a resident may park their recreational vehicle or boat shall not exceed 72 hours for these specific tasks;

  2. The vehicle shall not overhang the sidewalk, or five feet from the curb face if no sidewalk exists.

  3. The City Council may authorize a temporary parking in front yard setbacks and on-street parking when special events are hosted by the City.

• D. Use for sleeping quarters. No recreational vehicle or boat shall be used for sleeping quarters, unless a valid Temporary Use Permit is issued by the City, nor shall any sanitary or cooking facilities contained therein be used, except under the following conditions:

  1. Emergency use. A resident who experiences a calamity to their home shall contact the City Manager or designated person for permission to set-up and use their recreational vehicle for temporary housing. The City Manager's permission be discretionary and conditions such as a time limit can be imposed; and

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2. Temporary parking to accommodate visitors: The City Manager or authorized representative may approve a Temporary Use Permit to residents who have relatives/guests visiting may utilize a recreational vehicle for temporary housing when utilized for more than a 72 hour period. The time period authorized shall be determined by the City Manager or authorized representative.

3. The City Council may authorize temporary use of RV's and Trailers for sleeping quarters in front yard setbacks and on-street parking when special events are hosted by the City.

• E. Travel trailers and RVs. Travel trailers and other types of recreational vehicles may be parked and used in the City when the use is authorized and sanctioned by the Council. The City Council or designated person may issue a Temporary Use Permit for use of Travel Trailers and RV's for a specified period of time after consultation with the appropriate City Departments. Fees for processing a Temporary Use Permit may be adopted and amended from time tot time as authorized by state law.

• F. Violation and penalties. Any violation of this section shall be punishable as an infraction with a fine as adopted by the Council. Each day that the violation is not corrected shall be deemed a separate violation of this section. The City may use other enforcement processes as may be adopted.

This Section establishes standards and procedures for siting and operating various types and sizes of commercial recycling facilities, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards).

• A. Reverse vending machines. Reverse vending machines shall comply with the following standards.

  1. Accessory use only. Each machine shall be installed only as an accessory use to an allowed primary use.

  2. Location requirements. If located outside of a structure, a machine shall not occupy parking spaces required by the primary use.

  3. Signs. Sign area shall not exceed four square feet for each machine, exclusive of operating instructions. The sign area shall be subject to the overall site sign area limitations in Section 4-38 (Sign Standards).

  4. Lighting. Each machine shall be illuminated to ensure comfortable and safe operation if the machine is accessible between dusk and dawn. The light source shall be shielded so that glare and reflections are confined within the boundaries of the site.

• B. Small and medium collection facilities. A small or medium collection facility shall comply with the following standards.

  1. Location requirements. A small collection facility shall:

  - **a.** Not be located within 50 feet of any parcel zoned or occupied for residential use; and 
  
  - **b.** Be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.
  

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2. Maximum size. A small collection facility shall not occupy more than 600 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.

3. Appearance of facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods.

4. Operating standards for small collection facilities. Small collection facilities shall:

• a. Not use power-driven processing equipment, except for reverse vending machines;

• b. Accept only glass, metal, or plastic containers, paper, and reusable items;

• c. Use containers that are constructed with durable waterproof and rustproof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; and

• d. Be screened where determined by the review authority to be necessary because of excessive visibility.

5. Signs. Non-illuminated signs may be provided as follows:

• a. Identification signs are allowed with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;

• b. Additional directional signs, consistent with Chapter 4-38 (Signs), may be approved by the Director if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

6. Parking requirements.

  - **a.** No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use. One additional space shall be provided for the attendant, if needed. 

  - **b.** Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study, determined to be acceptable by the Director, shows that existing capacity is not fully utilized during the time the recycling facility would be on the site. 

• C. Large collection facilities. A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards.

  1. Location requirements. The facility shall not abut a parcel zoned for residential use.

  2. Container location. Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and

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3. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

4. Setbacks, landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.

5. Outdoor storage. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

6. Operating standards.

  - **a.** The site shall be maintained clean, sanitary, and free of litter and any other trash or rubbish, shall be cleaned of loose debris on a daily basis, and shall be maintained free from rodents and other disease vectors. 

  - **b.** Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels. 

• D. Processing facilities. Processing facilities shall comply with the following standards.

  1. Location requirements. The facility shall not abut a parcel zoned or occupied for residential use.

2. Limitation on activities. Allowed activities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials. The facility shall not bale, compact, or shred ferrous metals, other than beverage and food containers. Outbound truck shipments from the site shall not exceed an average of two each day.

3. Maximum size. The facility shall not exceed 45,000 square feet of floor or ground area.

4. Container location. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials; and

5. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;

6. Operating standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

• A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code §§ 65852.2 and 65852.22.

• B. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:

  1. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

  2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

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3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection C. below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code § 17980.12.

• C. Definitions. As used in this section, terms are defined as follows:

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by California Health and Safety Code § 17958.1; and

2. A manufactured home, as defined by California Health and Safety Code § 18007.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

"Efficiency kitchen" means a kitchen that includes each of the following:

1. A cooking facility with appliances.

2. A food preparation counter or counters that total at least 15 square feet in area.

3. Food storage cabinets that total at least 30 square feet of shelf space.

• "Junior accessory dwelling unit" or "JADU" means a residential unit that

1. Is no more than 500 square feet in size,

2. Is contained entirely within an existing or proposed single-family structure,

3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and

4. Includes an efficiency kitchen, as defined in subsection C. above.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

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• D. Approvals. The following approvals apply to ADUs and JADUs under this section:

  1. Building-permit only. If an ADU or JADU complies with each of the general requirements in subsection E. below, it is allowed with only a building permit in the following scenarios:

  - **a. Converted on single-family lot:** Only oneADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU: 
  
     - (1) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress. 
  
     - (2) Has exterior access that is independent of that for the single-family dwelling. 
  
     - (3) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. 
  
  - **b. Limited detached on single-family lot:** One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a. above), if the detached ADU satisfies the following limitations: 
  
     - (1) The side- and rear-yard setbacks are at least four-feet. 
  
     - (2) The total floor area is 800 square feet or smaller. 
  
     - (3) The peak height above grade is 16 feet or less. 
  
  - **c. Converted on multifamily lot:** Multiple ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. At least one converted ADU is allowed within an existing multifamily dwelling, and up to 25 percent of the existing multifamily dwelling units may each have a converted ADU under this paragraph. 
  
  - **d. Limited detached on multifamily lot:** No more than two detachedADUs on a lot that has an existing multifamily dwelling if each detached ADU satisfies the following limitations: 
  
     - (1) The side- and rear-yard setbacks are at least four-feet,
  

• (2) The total floor area is 800 square feet or smaller.

2. ADU permit.

• a. Except as allowed under subsection 1. above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E. and F. below.

• b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the City Council by resolution.

3. Process and timing.

• a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

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  - **b.** The City must act on an application to create anADU or JADU within 60 days from the date that the City receives a completed application, unless either: 

     - (1) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or 

     - (2) In the case of a JADU and the application to create a junior accessory dwelling unit is submitted with a permit application to create a new singlefamily dwelling on the lot, the City may delay acting on the permit application for the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the JADU will still be considered ministerially without discretionary review or a hearing. 

• E. General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections D.1. or D.2. above:

  1. Zoning.

  - **a.** An ADU or JADU subject only to a building permit under subsection D.1. above may be created on a lot in a residential or mixed-use zone. 
  
  - **b.** An ADU or JADU subject to an ADU permit under subsection D.2. above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. 
  

  2. Fire sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

  3. Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.

  4. No separate conveyance. AnADU or JADU may be rented, but noADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

  5. Septic system. If the ADU or JADU will connect to an onsite water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

  6. Owner occupancy.

• a. All ADUs created before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the ADU was created.

  - **b.** An ADU that is created after that date but before January 1, 2025, is not subject to any owner-occupancy requirement. 
  
  - **c.** All ADUs that are created on or after January 1, 2025 are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence. 
  
  - **d.** All JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
  

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7. Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

  - **a.** The ADU or JADU may not be sold separately from the primary dwelling. 

  - **b.** The ADU or JADU is restricted to the approved size and to other attributes allowed by this section. 

  - **c.** The deed restriction runs with the land and may be enforced against future property owners. 

  - **d.** The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. 

  - **e.** The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

• F. Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2. above.

  1. Maximum size.

  - **a.** The maximum size of a detached or attached ADU subject to this subsection F. is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed. 
  
  - **b.** An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. 
  
  - **c.** Application of other development standards in this subsection F., such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, or open-space requirements may require the ADU to be less than 800 square feet. 
  

  2. Floor area ratio (FAR). No ADU subject to this subsection F. may cause the total FAR of the lot to exceed 45 percent, subject to subsection F.1.c. above.

  3. Lot coverage. No ADU subject to this subsection F. may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection F.1.c. above.

  4. Minimum open space. No ADU subject to this subsection F. may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection F.1.c. above.

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5. Height.

• a. A single-story attached or detached ADU may not exceed 16 feet in height above grade, measured to the peak of the structure.

• b. A second story or two-story attached ADU may not exceed the height of the primary dwelling.

• c. A detached ADU may not exceed one story.

6. Passageway. No passageway, as defined by subsection C.8. above, is required for an ADU.

7. Parking.

• a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.1. above.

• b. Exceptions. No parking under subsection F.7.a. is required in the following situations:

  • (1) The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.10 above.

  • (2) The ADU is located within an architecturally and historically significant historic district.

  • (3) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a. above.

  • (4) When on-street parking permits are required but not offered to the occupant of the ADU.

• (5) When there is an established car share vehicle stop located within one block of the ADU.

• c. No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

8. Architectural requirements.

• a. [INTENTIONALLY LEFT BLANK]

9. Landscape requirements.

• a. [INTENTIONALLY LEFT BLANK]

10. Historical protections. The following requirements apply to ADUs on or within 600 feet of real property that is listed in the California Register of Historic Resources: [INTENTIONALLY LEFT BLANK]

G. Fees.

1. Impact fees.

• a. No impact fee is required for an ADU that is less than 750 square feet in size.

• b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area

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of theADU, times the typical fee amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

2. Utility fees.

• a. Converted ADUs and JADUs on a single-family lot, created under subsection D.1.a. above, are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required unless the ADO or JADU is constructed with a new single-family home.

• b. All ADUs and JADUs not covered by subsection G.2.a. above require a new, separate utility connection directly between the ADU or JADU and the utility. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service.

• H. Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A. through G.2. of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.

(Ord. No. 479, § 10, 3-6-18; Ord. No. 502, § 3(Exh. A), 2-4-20; Ord. No. 504, § 3(Exh. A), 3-17-20)

Editor’s note— Ord. No. 479, § 10, adopted Mar. 6, 2018, repealed the former § 4-44-140, and enacted a new § 4-44-140 as set out herein. The former pertained to second units and carriage houses and derived from the 2008 Zoning and Subdivision Code.

• A. Location. A service station shall be allowed only on a corner parcel at the intersection of either two major streets, or a major and a minor street. No more than two service stations shall be allowed at any intersection.

• B. Site requirements. A service station may be approved only on a site with a minimum area of 15,000 square feet, and a minimum frontage of 100 feet on each street.

• C. Site access/driveway standards.

  1. A service station shall be provided no more than two vehicular access points to/from the public right-of-way.

  2. The width of a driveway shall not exceed 25 feet, measured at the sidewalk.

  3. Each pump island shall be provided a stacking area that can accommodate a minimum of three waiting vehicles.

• D. Setbacks. Pump islands shall be located a minimum of 25 feet from any property line to the nearest edge of the pump island; however, a canopy or roof structure over a pump island may encroach up to 10 feet within this distance. When the property line is a street right-of-way line, at least ten feet in width along the line shall be landscaped.

Gustine Zoning and Subdivision Code

Supp. No. 4

4-28.3

ARTICLE 4. STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-44. STANDARDS FOR SPECIFIC LAND USES Sec. 4-44-150. Service Stations.

• E. Landscaping. Landscaping shall comprise a minimum of 10 percent of the service station site area, inclusive of required setbacks, and shall be provided and permanently maintained in compliance with those in Chapter 4-34 (Landscaping Standards).

• F. Lighting. Exterior light sources, including canopy, perimeter, and flood shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties, in compliance with Section 4-30-060 (Outdoor Lighting).

• G. Service bays. The entrance to any service bay shall be located and designed to minimize visibility from adjacent properties.

• H. Screening. A service station site that adjoins a residential zoning district shall be provided an eight-foot high decorative masonry wall along the common property line, compatible with on-site development and adjacent properties. Restroom entrances otherwise visible from adjacent properties or public rights-of-way shall be concealed from view by planters or decorative screening.

• I. Indoor activities only. Activities and operations shall be conducted entirely within an enclosed structure, except for:

  1. The dispensing of petroleum products, water and air from pump islands;

  2. The provision of emergency service of a minor nature; and

  3. The sale of items via vending machines, which shall be placed next to the main structure in a designated area not to exceed 32 square feet, and which shall be screened from public view.

• J. Parking. Off-street parking shall be provided in compliance with Chapter 4-36 (Off-Street Parking and Loading Standards). Vehicles shall not be parked on sidewalks, parkways, driveways or alleys, and shall not be parked on the premises for the purpose of sale.

Supp. No. 4

Gustine Zoning and Subdivision Code

4-28.4

ARTICLE 4. STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-44. STANDARDS FOR SPECIFIC LAND USES Sec. 4-44-170. Animal Keeping.

• K. Scrap and other materials. Used or discarded vehicle parts or equipment, junked or wrecked vehicles shall not be stored in any open area outside of the main structure.

• L. Restrooms. Each service station shall maintain one or more restrooms available for use by the general public without charge.

This Section establishes standards for telecommunications antennas, where allowed by Article 2 (Allowable Land Uses and Zoning District Standards).

• A. Antenna standards. No exterior satellite or dish antenna having a dimension greater than one meter (39.4 inches) shall be allowed in any residential district unless the antenna complies with the following requirements:

  1. Location on any roof shall be prohibited;

  2. Location in any area between the street and building shall be prohibited;

  3. An antenna may be located in any area permitted for the main building and not prohibited elsewhere in this Code, however no more than 50 percent of any one side of the antenna may be visible from any street;

  4. The maximum height to the highest point of the antenna shall be 12 feet.

  5. Asatellite television receiving antenna permit must be obtained from the City prior to any installation of an antenna that is greater than one meter in diameter.

• B. Installation in a non-residential zone. The installation of any exterior satellite or dish antenna having a dimension greater than one meter in any non-residential zoning district shall require Use Permit approval.

Animal keeping within the City shall comply with requirements of this Section, and shall occur only where allowed by Article 2 (Allowable Land uses and Zoning District Standards), and this Section. The provisions of this Section are intended to assist in maintaining the City's semi-rural character while ensuring that animal keeping does not create adverse impacts on adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.

• A. Pre-existing uses. Any legally established animal keeping use that became nonconforming upon adoption of this Land Use Code shall be permitted to continue subject to Chapter 4-72 (Nonconforming Uses, Structures, and Parcel).

• B. Allowable animal keeping activities and permit requirements.

  1. Activities and permit requirements. Animal keeping, including related animal husbandry (breeding, judging, etc.) is allowed only in compliance with the limitations on use and permit requirements in Table 4-1, and the animal keeping standards in Subsection C. The keeping of imported animals may require approval by the U.S. Department of Agriculture Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or the California Department of Food and Agriculture, in addition to any City approval required by this Section.

Gustine Zoning and Subdivision Code

Supp. No. 3

4-29

ARTICLE 4. STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-44. STANDARDS FOR SPECIFIC LAND USES Sec. 4-44-170. Animal Keeping.

Table 4-1—ALLOWABLE ANIMAL-KEEPING AND PERMIT REQUIREMENTS

Key to permit requirements:

2. Use Permit review. Where Table 4-1 requires a Use Permit for keeping a specified animal type, the purpose of the discretionary review shall include evaluation of how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area on the site for animal keeping will be adequate to allow compliance with the other standards of this Section without unreasonable effort on the part of the animal manager. In approving a Use Permit in compliance with this Section, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed.

• C. Animal keeping standards. All animal keeping shall comply with the standards in Table 4-2, where allowed by Subsection B., Table 4-1, except that more animals may be allowed by Use Permit.

Supp. No. 3

Gustine Zoning and Subdivision Code

4-30

ARTICLE 4. STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-44. STANDARDS FOR SPECIFIC LAND USES Sec. 4-44-170. Animal Keeping.

Table 4-2—ANIMAL-KEEPING STANDARDS

Notes:

• (1) Offspring allowed in addition to maximum number until weaned; greater numbers of animals than allowed by Table 4-2 may be authorized by Use Permit.

• (2) Minimum lot area required for the keeping of animals.

• (3) Minimum setbacks from all property lines for barns, shelters, pens, coops, cages, and other areas and structures where animals are kept in concentrated confinement; but not including areas continuously maintained as pasture. Animals shall not be kept in any required front yard setback except in pasture areas.

  • (4) In A-C Zone, additional animals allowed by UP.

• D. Maintenance and operational standards. All animal keeping shall comply with all of the following maintenance and operational standards.

  1. Odor and vector control. All animal enclosures, including but not limited to pens, coops, cages and feed areas shall be maintained free from litter, garbage and the

Gustine Zoning and Subdivision Code

Supp. No. 3

4-31

ARTICLE 4. STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-44. STANDARDS FOR SPECIFIC LAND USES Sec. 4-44-170. Animal Keeping.

accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Manure shall also not be allowed to accumulate within setback areas. Each site shall be maintained in a neat and sanitary manner.

2. Containment. All animals shall be effectively contained on the site, and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.

3. Waterway protection. The keeping of horses or cattle within 50 feet of any waterway shall require Use Permit approval. In addition to the other materials required for a Use Permit application, the applicant shall submit a plan for the protection of the waterway from the polluting effects of runoff from the animal keeping area. The plan shall provide for regular manure removal, the maintenance of pasture vegetation to minimize the exposure and potential erosion of bare soil, site grading to direct runoff to detention and settling areas rather than the waterway, and/or other measures approved by the review authority.

4. Erosion and sedimentation control. In no case shall an animal keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel or other waterway. In the event sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.

5. Noise control. Animal keeping shall comply with the noise standards established by Section 4-30-050 (Noise Standards).

• E. Animal husbandry projects. The keeping or raising of the other small animals listed in Table 4-2 as a 4-H or Future Farmers of America (FFA) project may be allowed with up to 25 animals in the R-E and R-1 zones subject to Use Permit

  1. Application requirements. The Use permit application shall include a written agreement of supervision by 4-H or FFA officials that provides a detailed description of the method to be utilized to control odors and insects.

  2. Setback requirements. Any structure, cage, or shelter required for animal keeping shall not be located within a required front or street side setback, and be set back a minimum of five feet from side or rear property lines.

3. Maintenance. The animal keeping shall comply with all standards in Subsection D.

• F. Kennels and animal boarding. Each kennel and other small animal boarding facility shall comply with the following standards.

  1. Minimum site area. An animal boarding facility may be approved only on a parcel of two acres or larger.

  2. Enclosure within building. All animal boarding (sleeping and night-time confinement) shall occur within an entirely enclosed building.

  3. Noise control. The building used for animal boarding shall be insulated, or otherwise constructed and maintained so that no noise from animals within the building is audible to an average person at the property line of the site.

  4. Management. A manager of the facility shall be present on the site at all times.

Supp. No. 3

Gustine Zoning and Subdivision Code

4-32

ARTICLE 4 STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-44. STANDARDS FOR SPECIFIC LAND USES Sec. 4-44-210. Emergency Shelters.

Alternative Energy Requirements shall be incorporated into the design and construction of new residential developments consisting of 20 units or more, non-residential developments of 20,000 square feet or more. Where 20 residential units or more are proposed, 50% shall be designed for alternative energy source and the remaining 50% shall be designed to incorporate alternative energy source after construction.

• A. Transitional housing and supportive housing are considered a residential use of property and are subject to those restrictions that apply to other residential dwellings of the same type in the same zone, in accordance with Government Code Section 65583, subdivision (c)(3).

• B. Supportive housing is a use by right in all zones where multifamily and mixed uses are permitted, in accordance with Government Code Title 7, Division 1, Chapter 3, Article 11 (commencing with Section 65650).

• (Ord. No. 479, § 11, 3-6-18; Ord. No. 514, § 4, 3-15-22)

A body art facility permitted to operate within the City pursuant to this Code may only operate between the hours of 8:00 a.m. and 10:00 p.m., and must otherwise comply with all local and state requirements for body art facilities.

• (Ord. No. 513, § 2, 3-15-22)

Emergency Shelters shall be located, developed, and operated in compliance with the following standards.

• A. Proximity to other shelters. No emergency shelter shall be located within 300 feet of another emergency shelter.

• B. Length of stay. Maximum of six months.

C. Size and location of exterior and interior waiting and drop-off:

• a. An adequately sized waiting and drop-off area, for the sheltered persons and their personal effects, shall be provided at each emergency shelter facility. This area must be in the interior of the building.

• b. Said waiting/drop-off area shall comply with all requirements of the applicable Building Codes relating to such a use or occupancy.

D. Security and lighting.

• a. For an emergency shelter with ten or more beds, an adequate number of on-site security guards shall be present during the waiting/drop-off periods before opening and after closing.

• b. For an emergency shelter with 25 or more beds, an adequate number of on-site security guards shall be provided at all times when the shelter is operating.

• c. Exterior lighting shall be provided at each facility as directed by the Chief of Police.

Gustine Zoning and Subdivision Code

Supp. No. 7

4-33

ARTICLE 4 STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-44. STANDARDS FOR SPECIFIC LAND USES Sec. 4-44-210. Emergency Shelters.

  - **d.** Other security measures, such as security cameras and recorders, security gates, or other necessary requirements, shall be provided as directed by the Chief of Police. 

• E. Provision of on-site management. All emergency shelter facilities shall have on-site management present at all times when the shelter is operating, and during the periods when sheltered persons are waiting before opening and after closing of the facility.

• F. Health and Safety Standards. The emergency shelter must comply with all applicable Federal and state standards.

• (Ord. No. 525, § 2(Att. A), 2-18-25)

Employee housing for employees and their households consisting of up to 36 beds in a group quarters or up to 12 units or spaces designed for use by a single family or household shall be allowed subject to the provisions of this Section. Every person, or agent or officer thereof, constructing, operating, or maintaining a Farmworker Housing Complex shall comply with the requirements of this Section and all applicable health, safety and building codes and standards. (Ord. No. 525, § 2(Att. A), 2-18-25)

• A. Residential Care Facilities and Community Care Facilities are considered a residential use of property and are subject to those restrictions that apply to other residential dwellings of the same type in the same zone, in accordance with California Health and Safety Code § 1502.

(Ord. No. 525, § 2(Att. A), 2-18-25)

• A. The purpose of these regulations is to allow the development of reduced-size dwelling units, defined as single room occupancy (SRO) units, with limited parking requirements to provide additional options for affordable housing opportunities. These units are typically smaller in size and comprised of one or two rooms along with a kitchen and bathroom. These SRO regulations are in addition to the regulations of the applicable zoning district standards. The minimum development standards for SROs are as follows:

  • a. Unit size. The net area of an SRO unit may range from a minimum of 150 square feet to a maximum of 400 square feet, with the average unit size being no greater than 345 square feet within an SRO development.

  • b. Private facilities.

    • i. SRO units of 220 square feet or more are required to have a kitchen and a full bathroom. Kitchen facilities. Each unit shall be provided a kitchen sink serviced with hot and cold water with a garbage disposal and a countertop measuring a minimum of 18 inches wide by 24 inches deep. A complete kitchen facility available for residents shall be provided on each floor of the structure, if each individual unit is not provided with a minimum of a refrigerator and a microwave oven.

Supp. No. 7

Gustine Zoning and Subdivision Code

4-34

ARTICLE 4 STANDARDS FOR SPECIFIC LAND USES CHAPTER 4-46. TELECOMMUNICATIONS FACILITIES Sec. 4-46-020. Definitions.

• ii. A full bathroom shall contain at least a toilet, sink and bathtub, shower or bath/shower combination.

iii. A partial (or half) bathroom shall have at least a toilet and sink.

• iv. All SRO units must have a closet.

• c. Management. Twenty-four-hour on-site management must be provided at an SRO with seven or more units and shall include a dwelling unit designated for the manager.

• d. [Management plan.] All SRO projects must have a management plan approved by the planning director. The management plan shall contain management policies, maintenance plans, rental procedures, tenant rules, and security procedures.

• e. Common area. A minimum of ten square feet for each unit or 250 square feet, whichever is greater, shall be provided for a common area. All common area shall be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas approved by the planning director may be considered common areas. Shared bathrooms and kitchens shall not be considered as common areas.

f. [Building safety.] SROs must meet the current local standards for building safety. (Ord. No. 525, § 2(Att. A), 2-18-25)