Lafayette Municipal Code Art. 1 Miscellaneous

(a) Map symbol "R-2" is synonymous with "D-1."

(b) "Transitional residential agricultural district" is synonymous with "single-family residential district-20" and map symbol "R-A" is synonymous with "R-20."

(Ord. 54 § 2 (part), 1971)

(a) No land in the city shall be used for any purpose not permitted under Part 2 of this title, nor shall any building or structure be erected, constructed, altered, moved or maintained contrary to this Part 2. Any use of land, building or structure contrary to this Part 2 is unlawful and may be subject to provisions of Chapters 1-9 and/or 8-21 of this municipal code.

(b) All property improvements or other changes permitted under this title shall be maintained in accordance with such permits. Violations of permits may be subject to enforcement in accordance with Chapters 1-9 and/or 8-21 of this municipal code.

(Ord. 560 § 5 (part), 2006: Ord. 54 § 2 (part), 1971)

(a) A qualified applicant may apply for a land use permit to apply to land in any land use district established in this Part 2 of this title, for one or more of the uses for which land use permits may be granted in the district. A qualified applicant is any person having a freehold interest in land, a possessory interest entitling him to exclusive possession, or a contractual interest which may become a freehold or exclusive possessory interest and is specifically enforceable. An application shall be filed with the planning director.

(b) The planning commission shall administer land use permits.

(Ord. 54 § 2 (part), 1971)

(a) A modification or variance in the requirements of lot area, side yards, height or setback necessary to the consideration of a tentative map of a subdivision shall be considered and granted or denied as an exception, under Division 4 of Title 8 of the Contra Costa County Ordinance Code; notice of the hearing of the exception shall be given as for notice of the hearing on an application for a land use permit.

(b) The planning commission shall administer modification or variance in lot area, side yard, height or setback necessary to the consideration of the tentative map of a subdivision.

(Ord. 54 § 2 (part), 1971)

(a) Except as otherwise provided in this section, a person shall not divide any lot or parcel of land and shall not convey any lot or parcel of any part of it if the division or conveyance so reduces the area, width, yard or setback of the lot or parcel or creates a lot or parcel with an area, width, yard or setback so small that it does not conform to this Part 2 of this title.

(b) No land providing the required area, width, yard or setback for a dwelling unit shall be considered as providing the required lot area, width, yard or setback for any other dwelling unit.

(c) Any lot or parcel of the land of less width or area than the minima established in this Part 2 may be occupied by a single-family dwelling and its accessory buildings if:

(1) The owners of the lot or parcel do not own enough adjoining property to make the lot or parcel of proper width and area;

(2) The setback, side yard and rear yard requirements of this Part 2 are met; and

(3) The lot is delineated on a recorded subdivision map, or its ownership is of record in the county recorder's office on the effective date of the adoption of the zoning district applicable to the lot or parcel.

(Ord. 287 § 2, 1982; Ord. 54 § 2 (part), 1971)

If part of the lot or parcel of land having not less than the required area for its land use district is acquired for public use in any manner, including dedication, condemnation or purchase, and if the remainder of the lot or parcel has not less than 80 percent of the area required for its land use district, the remainder shall be considered as having the required area, but setback, side yard and rear yard requirements shall be met. If a lot or parcel of land has an authorized nonconforming status as to area under any city ordinance, the parcel shall retain its nonconforming status if the acquisition for public use does not reduce the remainder below 80 percent of the existing nonconforming area. The setback, side yard and rear yard requirements of the land use district shall be met, except for buildings or structures in existence at the time of public acquisition.

(Ord. 54 § 2 (part), 1971)

When any zoning district boundary divides a lot or parcel owned of record as one unit, the regulations of the least restricted district shall extend for 30 feet into the more restrictive district, provided both zoning districts are generally similar (commercial to commercial, residential to residential).

(Ord. 361 § 2, 1987: Ord. 54 § 2 (part), 1971)

(a) No building or structure (other than excepted structures as herein defined) shall hereafter be erected, constructed or placed on any land in this city between the highway setback lines hereby established and the common boundary line of the land and any state highway or public road in this city. The highway setback lines shall be lines parallel to the boundary lines of highways and public roads. In determining the location of highway setback lines the distance from the boundary of the state highway or public road to the setback line shall be measured inward on the land, at right angles to the boundary lines. The setback line on land bounded on one or more sides by a public road other than a state highway shall be ten feet inward from each boundary line.

(b) Land use permits to modify the provisions of subsection (a) of this section may be granted after application in accordance with Part 1 of this title.

(Ord. 54 § 2 (part), 1971)

(a) Obstructions Prohibited. No structure (including but not limited to fences and gateways) or vegetation which obstructs the visibility of and from vehicles approaching the intersection of a state highway, public road or street with another state highway, public road or street shall be constructed, grown, maintained or permitted higher than two and one-half feet above the curb grade, or three feet above the edge of pavement, within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines 25 feet back from the point of their intersection, or, in the case of rounded corners, the triangular area between the tangents to the curve of the right-of-way line and a diagonal line joining points on said tangents 25 feet back from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve of the right-of-way line at the corner.

(b) Exceptions. This section does not apply to existing public utility poles, or existing permanent structures or existing supporting members or appurtenances thereof; official traffic signs or signals; or corners where the contour of the land itself prevents visibility.

(c) Enforcement. Violations of this section may be subject to enforcement in accordance with Chapters 1-9 and/or 8-21 of this municipal code.

(d) Repealed by Ordinance 560.

(Ord. 560 § 5 (part), 2006; Ord. 54 § 2 (part), 1971)

On a corner lot the setback requirements applicable to the district in which the lot is located shall apply to all state highway, public road and street frontages of the lot. The setback lines established by this Part 2 shall apply wherever any boundary line of a lot or parcel of land is common with the boundary line of any state highway, public road or street.

(Ord. 54 § 2 (part), 1971)

The limits of heights of structures established in this Part 2 of this title for any district shall not apply to chimneys, stacks, fire towers, radio towers, television towers, water towers, windmills, oil and gas well derricks, wind chargers, grain elevators, penthouses, cupolas, spires, belfries, domes, monuments, flagpoles, telephone poles, telegraph poles, silos, water tanks and necessary mechanical appurtenances attached to buildings. In all cases parapet or fire walls on buildings or structures otherwise conforming to the regulations established in this Part 2 may be constructed not higher than three feet.

(Ord. 54 § 2 (part), 1971)

Every part of a required yard area shall be open and unobstructed to the sky, except that fire escapes, open stairways, chimneys and the ordinary projections of sills, belt-courses, cornices, eaves and ornamental features which do not obstruct the light and ventilation on any adjoining parcel of land shall not constitute obstruction nor violate required yard regulations.

(Ord. 54 § 2 (part), 1971)

Notwithstanding any other provisions of this Part 2 of this title, side yards shall be permitted in any single-family residential district, multiple-family residential district, and forestry recreational district, according to the following table, for any lot or parcel of land which was established by records in the office of the recorder before the effective date of the initial zoning by Contra Costa County for the area or district in which the lot or parcel of land is situated:

(Ord. 54 § 2 (part), 1971)

(a) The use of land for rights-of-way for the construction, maintenance and repair of public utilities and publicly owned facilities, and for privately owned pipelines for the transportation of oil, gas, water and other substances transportable by pipelines, is not regulated or restricted by this title.

(b) A local agency (an agency of the state for the local performance of governmental or proprietary functions within limited boundaries) is regulated as provided in Government Code Sections 53091 through 53096.

(Ord. 358 § 1, 1987: Ord. 59 § 2, 1971)

An accessory building or accessory use may occupy not more than 30 percent of a required rear yard.

(Ord. 54 § 2 (part), 1971)

In all single-family residential districts and multiple-family residential districts, there shall be a rear yard of not less than five feet wherever the rear yard of a lot or parcel of land abuts on a side yard.

(Ord. 54 § 2 (part), 1971)

The city council may, pursuant to a written and recorded agreement between the city and all owners of record of the property, impose reasonable conditions to the land use reclassification of property, where it finds that the conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city.

(Ord. 50 § 2, 1971)

Land use permits may be granted, after application in accordance with the provisions of Chapter 6-1 of this title, for exploration and drilling for the production of oil, gas or minerals in all land use districts.

(Ord. 59 § 3, 1971)

Drainage facilities shall be installed under a permit issued pursuant to Divisions 1, 2 or 3 of Title 8 of the Contra Costa County Ordinance Code, adequate to meet and comply with the drainage design standards and requirements set forth in Chapter 3 of Division 4 of Title 8 of said code. A permit for the installation of drainage facilities will not be issued until applications, plans and exhibits for such facilities are submitted which comply with the requirements of this title.

(Ord. 59 § 5, 1971)

(a) Livestock may be kept in the single-family residential-10 (R-10), single-family residential-12 (R-12), single-family residential-15 (R-15), single-family residential-20 (R-20), single-family residential-40 (R-40), single-family residential-65 (R-65), single-family residential-100 (R-100) and low-density residential (L-R) land use districts, subject to the following requirements:

(1) Livestock may be kept only on a parcel of land of not less than 40,000 square feet in area in single fee ownership.

(2) No more than one head of livestock shall be maintained per 20,000 square feet of area.

(3) In the R-10, R-12 and R-15 zoning districts a land use permit shall be obtained for the keeping of livestock. Development in these districts, however, is of such a nature, because of small lots, narrow side yards and close development, that the keeping of livestock in such highly developed areas is seldom appropriate. Land use permits for the keeping of livestock will be issued only where it can be demonstrated that the lot involved in the application and lots in the surrounding area are of such a size and configuration that the keeping of livestock on such lots is compatible and consistent with the surrounding development and that such area is comparable to other areas within the city where a land use permit is not required for the keeping of livestock.

(b) Variance permits to modify subsection (a)(1) of this section may be granted in accordance with the applicable provisions of Chapter 6-2 of this title.

(Ord. 232 § 1, 1980: Ord. 80 § 1, 1972: Ord. 63 § 2, 1972)

Notwithstanding the setback, side yard and rear yard provisions in the single-family residential land use districts, the following provisions shall apply to the location of animal structures in all such districts, provided such structures are permitted at all:

(a) Barns, stables and similar accessory structures used to shelter livestock shall be located in the rear yard of the principal structure.

(b) Barns, stables and similar accessory structures used to shelter livestock shall be set back not less than 60 feet from the front property line and from any street line and shall be not less than 55 feet from any point on an adjoining parcel of land, at which point the exterior wall of a dwelling unit either exists or could legally be constructed.

(c) Fenced pasture, paddocks or other enclosures for livestock shall not be located nearer than ten feet to any property line.

(d) Variance permits to modify subsections (a), (b) and (c) of this section may be granted in accordance with the applicable provisions of Chapter 6-2 of this title.

(Ord. 125 § 1, 1974: Ord. 80 § 2, 1972: Ord. 63 § 3, 1972)

(Ord. No. 631, § 4(exh. A), 10-27-2014)

(a) Accessory buildings, as defined in Section 6-302 of this title, and structures, as defined in Section 6-355 of this title, shall not exceed the following height limits, if constructed in the required setback (front yard), side yard or rear yard which is applicable to the main building or principal structure on the lot:

(1) Accessory buildings, 12 feet;

(2) Structures, six feet.

For example, if the rear yard for the principal structure is 15 feet, but the rear yard for an accessory building is three feet, any accessory building within the 15-foot rear yard required for the principal structure shall not exceed 12 feet in height.

(b) For the purpose of this section, the height of a structure shall be determined by measurement on its tallest side between natural grade and its highest part; and the height of an accessory building shall be determined as provided in Section 6-313 of this title.

(c) Variance permits to modify the provisions of this section may be granted in accordance with the applicable provisions of Chapter 6-1 of this title.

(Ord. 274 § 1, 1982: Ord. 243 § 2, 1981)

(a) Definition. "Manufactured home" means a structure with a permanent foundation designed to be used as a residence and certified under the National Manufactured Home Construction and Safety Standards Act of 1974. "Manufactured home" does not include recreational vehicle, trailer or motor home.

(b) Standards. The following standards apply to manufactured homes:

(1) Manufactured homes are a permitted use on any lot in any zoning district that permits single-family residential uses. Except as otherwise provided in this title, manufactured homes shall be subject to the same regulations as conventional single-family dwellings.

(2) Manufactured homes shall be subject to same parking standards as required for single-family dwellings in the same zoning district.

(3) Requirements for building height, lot coverage, side yard setbacks, front yard setbacks, rear yard setbacks, landscape, and useable open space shall be same for manufactured homes as for single-family dwellings in the same zoning district.

(4) Roof overhangs, roof pitch, roofing materials, and siding materials shall be in character with those commonly used in conventional single-family dwellings in the surrounding area. Manufactured homes installed in an area or district with design guidelines shall comply with such guidelines.

(5) The exterior covering material shall extend to the ground.

(c) Foundation systems.

(1) A manufactured home shall be built on a foundation system in accordance with the California Building Standards Code.

(2) All manufactured homes constructed on a foundation system shall comply with the requirements of Health and Safety Code section 18551 and California Code of Regulations, Title 25, Division 1, as they may be amended from time to time.

(3) No existing, lawfully erected manufactured home on private property shall be required to be placed on a foundation system.

(Ord. 275 § 4, 1982)

(Ord. No. 618, § 4(exh. A), 8-12-2013)

Editor's note— Ord. No. 618, § 4(exh. A), adopted Aug. 12, 2013, retitled § 6-527 from "Mobilehomes" to "Manufactured home."

The following uses and activities are prohibited in all land use classification (zoning) districts:

(a) Any use or activity which is prohibited by local, regional, state, or federal law unless expressly and affirmatively authorized by this code; and

(b) Construction or use of helicopter landing pads, heliports and all other helicopter facilities.

(Ord. 282 § 1, 1982)

(Ord. No. 601, (exh. A), 7-11-2011; Ord. No. 643, § 5, 2-8-2016; Ord. No. 660, § 3, 11-27-2017)

Editor's note— Ord. No. 601, (exh. A), adopted July 11, 2011, changed the title of § 6-528 from helicopter facilities to prohibited uses and activities.

Notwithstanding other provisions in this title, the temporary sales of perishable goods from vehicles or from temporary structures or facilities may be conducted subject to written conditional approval of the planning director for each such use, and subject to the restrictions contained in this section.

(a) The planning director may authorize the conduct of these uses in any zoning district except the RB and SRB districts, provided that:

(1) The property fronts on either Mt. Diablo Boulevard, Moraga Road, St. Mary's Road, Pleasant Hill Road or Deer Hill Road;

(2) The property owner gives written consent thereto;

(3) The use will, in the planning director's opinion, neither create nor aggravate a traffic hazard nor a parking problem; and

(4) Not more than two advertising or identification signs, totaling not more than 50 square feet in total area, and not more than 25 square feet in area for a single sign, are displayed.

(b) A person who desires to conduct a temporary sale as defined in this section shall submit a written application therefor, in a form acceptable to the planning director, and containing such information as he may reasonably require.

(c) There shall be a nonrefundable application fee for the processing of an application submitted pursuant to this section. The city council shall by resolution prescribe the amount of said fee, or the method of calculating it.

(d) Approval of a temporary sales use shall be for not more than three months, subject to reconsideration by the planning director and renewal by him for additional periods of three months each.

(e) The planning director may impose reasonable conditions on such temporary sales uses. Such conditions may include, but are not limited to, restricting the days and/or hours of operation, prescribing the appearance, location and size of signs, controlling the locations for customer and employee parking, limiting the scope or size of the activity, requiring a minimum number of persons to be on duty, controlling refuse collection and cleanup of the premises, and prescribing the appearance of the vehicles, structures or facilities to be used.

(f) Upon request by any person, the planning director shall refer the application for conduct of temporary sales to the planning commission for action.

(g) The temporary sales allowed by this section are exempted from the provisions of this title which may otherwise be in conflict with the provisions of this section.

(h) The provisions in this section shall not exempt these temporary uses, their structures or facilities, from the requirements of any applicable construction code, nor from any applicable health or safety law or ordinance.

(i) This section is not intended to prohibit permanent sales from movable structures, such as carts, kiosks, etc., if such sales are conducted pursuant to the necessary permits under this chapter; or the conduct of special events for short periods of time, if such special events are conducted pursuant to the necessary city approvals.

(Ord. 281 § 1, 1982)

(a) Purpose and Definition. This section regulates the installation of satellite dish antennas in all residential and agricultural districts of the city. A satellite antenna is any parabolic or spherical antenna over three feet in diameter which receives television or other signals from orbiting satellites or other devices.

(b) Findings. The council finds that the installation of satellite dish antennas, unless regulated, may adversely affect the aesthetic values and safety of residential areas of the city. Therefore, the installation of these antennas is regulated to protect views from public rights-of-way and from adjacent properties, while not preventing the installation of such antennas in an unobtrusive and aesthetically pleasing manner.

(c) Regulations. The following regulations apply to the installation of a satellite dish antenna (unless a modification to subparagraphs (7) through (10) of this subsection is approved under subsection (e) of this section).

(1) A satellite dish shall be constructed and erected in a secure and wind-resistant manner.

(2) A satellite dish shall be constructed of noncombustible and noncorrosive materials.

(3) A satellite dish shall be constructed of nonreflective materials, and its color shall blend in with the surroundings. Perforated or wire-mesh dishes are encouraged.

(4) No advertising or signage of any type is permitted on a satellite dish.

(5) All wires or cables necessary for the operation of the satellite dish should be placed underground. Guy wires are discouraged.

(6) A satellite dish shall be maintained in an operable state with no structural defects or visible damage.

(7) There shall be no more than one satellite dish per lot.

(8) For a ground-mounted antenna located in an interior side or rear yard, a setback equal to the height of the antenna is required between the property line and any part of the antenna, notwithstanding Section 6-526.

(9) The maximum height permitted is 12 feet, measured from ground level immediately under the antenna to the highest point of the antenna or any appurtenance attached to it. The height is measured when the satellite dish is directed at a point 20 degrees above horizontal.

(10) In any case where a side or rear yard abuts a public right-of-way or private street, a setback of 15 feet is required between the public right-of-way or the right-of-way of a private street and any portion of the satellite dish.

(11) For hillside lots, additional attention, evaluation and conditions may be imposed by the city to assure that visual impacts on other properties are minimized.

(12) The planting of screening landscape materials or provision of solid fencing is encouraged and may be required by the city to screen satellite dishes from public rights-of-way and other properties.

(d) Procedures.

(1) The planning director shall establish submittal requirements for applications for satellite dish antennas. Each application shall be accompanied by a fee in an amount established by city council resolution.

(2) Except as provided in subsection (d)(3), the planning director is authorized to review and approve an application for a satellite dish antenna provided he sends written notice to all property owners within 300 feet at least ten days beforehand and considers any comments received before making a decision. The planning director may impose conditions of approval consistent with the intent and purpose of this section.

(3) The planning director (A) may refer any application to the design review commission and (B) shall refer to the design review commission an application for a satellite dish antenna to be placed in one of the sensitive locations listed in subsection (e) of this section. Before approving a satellite dish antenna in one of the listed sensitive locations, the design review commission shall hold a noticed public hearing in accordance with Section 6-211(b). The design review commission may impose conditions of approval consistent with the intent and purpose of this section.

(4) A decision by the planning director or design review commission may be appealed under Section 6-280.

(e) Sensitive Locations and Required Findings.

(1) An application for a satellite dish antenna to be placed in one of these sensitive locations requires approval by the design review commission:

(A) On a roof top;

(B) In a required front setback, or street sideyard on a corner lot;

(C) Between the required front setback, or street sideyard of a corner lot, and a dwelling when the antenna is visible from the abutting street;

(D) At a location in conflict with subsection (c), subparagraphs (7) through (10).

(2) Before approving a satellite dish antenna in one of the listed sensitive locations, the design review commission shall make the following findings:

(A) There is no other location which can effectively receive incoming signals; and

(B) Because of topography, house design or location or landscaping, the proposed satellite dish will not have a significant adverse impact on any surrounding property.

(Ord. 350 § 1, 1986)

(a) The city shall not approve or issue a building permit for a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units of equivalent size as will be demolished.

(b) The city shall not approve or issue a building permit for a housing development project that will require the demolition of occupied or vacant protected units, unless the housing development project meets all of the requirements of California Government Code Section 65915(c)(3).

(c) The following words and phrases, whenever used in this section, shall be defined as the following:

"Equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

"Housing development project" shall have the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5 of the California Government Code, however, shall not include a housing development project located within a very high fire hazard severity zone.

"Protected units" has the same meaning as set forth in California Government Code Section 66300.

"Very high fire severity zone" has the same meaning as provided in California Government Code Section 51177.

(d) Inclusionary Housing or Density Bonus. Affordable replacement units required by this section may count toward any affordable housing set-aside units required in connection with the granting of a density bonus, or the requirements of the city's inclusionary housing program, if applicable.

(e) The affordable replacement units shall be subject to the requirements for affordable units as established in Chapter 6-37, Inclusionary Housing.

(f) This section shall remain effective despite the possible expiration of Government Code Section 65915.

(g) A housing development project that submits a preliminary application pursuant to Section 65941.1 of the California Government Code before January 1, 2030, remains subject to this section after January 1, 2030.

(Ord. No. 696, § 3(Exh. A), 1-13-2025)

Editor's note— Ord. No. 696, § 3(Exh. A), adopted Jan. 13, 2025, repealed the former § 6-531 and enacted a new § 6-531 as set out herein. The former § 6-531 pertained to residential conversions and derived from Ord. 349 § 8, adopted in 1986; Ord. 359 § 1(A), adopted in 1987; and Ord. No. 634, § 4(exh. A), adopted Sept. 22, 2014.

A retail dry cleaners shall comply with all of the following:

(a) The dry cleaning system shall be a self-contained enclosed system, nonvented to the atmosphere;

(b) Evidence of approval of the proposed system by the Bay Area air quality management district shall be submitted prior to commencement of use; and

(c) Maximum square footage of the facility shall be 2,000 square feet total.

(Ord. 359 § 1(B), 1987)

(a) Purpose. It is the purpose of this section to provide for the appropriate location of firearm sales activity and regulate such activity through the permitting process.

(b) Permit Requirement. The sale of firearms is permitted on the issuance of a land use permit, and a police permit as provided under Chapter 8-6, Article 2, in the Retail Business District (RB), General Commercial District (C), Special Retail Business District (SRB) and General Commercial District 1 (C-1). Firearm sales are prohibited in all other land use districts.

(c) Procedure. An applicant for a land use permit for sale of firearms shall apply to the planning commission by application prescribed by the city in the manner provided by Section 6-201 et seq.

(d) Criteria. In addition to the findings required under Section 6-215, the planning commission shall review an application for a land use permit for the sale of firearms for satisfaction of the following criteria:

(1) Locational compatibility of the proposed use with other existing uses in close proximity, in particular elementary, middle or high school, pre-school or day-care center, other firearms sales business, liquor stores and bar, and residentially zoned area;

(2) Architectural compatibility of the proposed use with other existing uses in the vicinity, due to the requirements of Chapter 8-6, Article 2 regarding a "secure facility."

(e) Conditions. An approved land use permit is not valid until the applicant satisfies the following terms and conditions:

(1) Possession of a valid police permit as required under Section 8-605 et seq.;

(2) Possession of all licenses and permits required by federal and state law; and

(3) Compliance with the requirements of the city's building code, fire code and other technical code and regulation which governs the use, occupancy, maintenance, construction or design of the building or structure. The use permit shall also contain a condition that the applicant must obtain a final inspection from the city building official demonstrating code compliance before the applicant may begin business at the premises at issue.

(f) Nonconforming Use. An operator of a firearm sales activity in a residential zone who is the holder of a valid seller's permit issued by the State Board of Equalization and a valid certificate of eligibility issued by the California Department of Justice, all of which were issued prior to October 24, 1994, may continue his/her firearms sales activity provided a police permit are obtained from the city within 60 days of the effective date of the ordinance codified in this section, and provided the operator remain fully licensed by all agencies listed above.

(Ord. 433 §§ 3, 4, 1994)

(Ord. No. 623, § 2, 10-28-2014)

(a) Transitional Housing. Transitional housing is a residential use of property, subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

(b) Supportive Housing.

(1) Supportive housing is a residential use of property, subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

(2) Notwithstanding the above, supportive housing is a use by right in all zones where multifamily and mixed uses are permitted, in accordance with Government Code Section 65650 et seq.

(c) Residential Care Facilities. Residential care facilities may be established and operate where other boarding house uses may not, subject to the following:

(1) Residential care facilities with a state license to serve six or fewer persons are regulated as single-family residential uses.

(2) Other residential care facilities must comply with each of the following standards:

(A) Maximum Occupancy. Occupancy is limited to two persons per bedroom, except that one bedroom must be reserved for an on-site house manager.

(B) Separation. No residential care facility may be located within 650 feet of another.

(d) Low Barrier Navigation Centers. As required by Government Code Section 65662, Low Barrier Navigation Centers are permitted by right in all areas zoned for mixed use and nonresidential zones that permit multifamily housing if the following criteria are all met:

(1) It offers services to connect people to permanent housing through a services plan that identifies services staffing.

(2) It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

(3) It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

(4) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(Ord. No. 635, § 4(exh. A), 10-14-2014; Ord. No. 697, § 3(Exh. A), 7-28-2025)

Editor's note— Ord. No. 697, § 3(Exh. A), adopted July 28, 2025, amended § 6-534 and in doing so changed the title of said section from "Supportive care criteria" to "Supportive care," as set out herein.

(a) Purpose. This section regulates the cultivation of cannabis in Lafayette for personal use in accordance with state law. In addition, this section prohibits all commercial cannabis uses from establishing or operating within the City of Lafayette, including all medical and adult-use cannabis business types licensed by state licensing authorities pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Section 26000 et seq.), except cannabis deliveries originating from outside of the city.

(b) Personal Cultivation Indoors. A person age 21 or older may cultivate and possess no more than six living cannabis plants at any one time for his or her own personal use inside a private residence or inside an accessory structure to a private residence, so long as all of the following minimum standards are met:

(1) All areas used for cannabis cultivation shall be located within a fully enclosed and secure structure.

(2) Indoor grow lights shall not exceed a total of 1,000 watts or incandescence equivalent, and all lighting shall comply with the California Building, Electrical, and Fire Codes as adopted and amended by the City of Lafayette.

(3) The use of gas products (CO 2 , butane, propane, natural gas, etc.) or generators for cultivation of cannabis is prohibited. Use of gas products shall be limited to those allowed by the California Building, Electrical, and Fire Codes as adopted and amended by the City of Lafayette.

(4) Any private residence or accessory building used for the cultivation of cannabis must have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the building.

(5) There shall be no exterior visibility or evidence of cannabis cultivation outside the private residence from the right-of-way, a public place, or any adjacent property including, but not limited to, any cannabis plants, equipment used in the growing and cultivation activities, and any light emanating from the structure due to cultivation lighting (grow lights).

(6) The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident(s), and the premises shall not be used primarily or exclusively for cannabis cultivation.

(7) The cannabis cultivation area shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident(s) or nearby residents by creating dust, glare, heat, noise, noxious gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.

(8) No more than six cannabis plants, mature or immature, per residence are permitted for indoor personal cultivation, regardless of the number of individuals residing at the residence.

(9) The living plants and any cannabis produced by plants in excess of 28.5 grams shall be kept in a locked space on the grounds of the private residence.

(c) Personal Cultivation Outdoors. Cultivation of cannabis outdoors in the City of Lafayette is prohibited.

(d) Commercial cannabis uses prohibited; exception.

(1) All commercial cannabis uses are prohibited from establishing or operating within the City of Lafayette.

(2) Exception for Deliveries from Licensed Cannabis Retailers. Cannabis retailers, microbusinesses and non-profits licensed pursuant to Business and Professions Code, Section 26070.5 (whether medical or adult-use) are prohibited in the City; however, delivery of cannabis and cannabis products from cannabis retailers, microbusinesses or licensed nonprofits located outside of the City of Lafayette is allowed, subject to the following restrictions:

(A) Only cannabis retailers, microbusinesses or licensed nonprofits that are licensed under the applicable laws of the state of California, including but not limited to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Section 26000 et seq.), and are operating in compliance with the applicable laws and regulations of the local jurisdiction in which the cannabis business is physically located may provide cannabis delivery to locations in the City of Lafayette; and

(B) Provided that such delivery transactions within Lafayette utilize an electronic payment method.

(Ord. No. 660, § 4, 11-27-2017)

Boarding houses are prohibited in all zoning districts within the city. No person shall operate, establish, maintain, or permit the operation of a boarding house on any property.

(Ord. No. 697, § 3(Exh. A), 7-28-2025)