Lafayette Municipal Code Ch. 6-4 Activity Classifications

Footnotes:

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Editor's note— Ord. No. 697, § 3(Exh. A), adopted July 28, 2025, repealed the former Ch. 6-4, §§ 6-401—6-403, 6-405—6-408, 6-410—6-421, 6-423—6-434, 6-436—6-442, and enacted a new Ch. 6-4 as set out herein. The former Ch. 6-4 pertained to similar subject matter and derived from Ord. 221 § 5 (part), adopted in 1980; Ord. 245 § 1, adopted in 1981; Ord. 266 §§ 2, 3, adopted in 1982; Ord. 342 § 1, adopted in 1985; Ord. 359 §§ 2(B)—2(G), adopted in 1987; Ord. 433 § 2, adopted in 1994; Ord. 443 § 1, adopted in 1995; Ord. No. 635, § 4(exh. A), adopted Oct. 14, 2014; Ord. No. 643, § 4, adopted Feb. 8, 2016; and Ord. No. 660, § 2, adopted Nov. 27, 2017.

The planning director shall assign each type of business or other economic activity to one of the activity classifications defined in this chapter. His decision as to each assignment shall be appealable once as provided in Section 6-234 of this title. The planning director shall keep a list of uses that have been determined to be included in each activity classification.

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

"Administrative activity" means the executive, management, administrative and clerical activities of private, profit-oriented firms, including public utility administrative offices.

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

"Administrative civic activity" means the local offices of state and federal legislators, city administrative offices and chamber of commerce offices.

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

"Animal care commercial activity" means the provision of animal care, treatment, grooming and boarding services.

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

"Automotive repair and cleaning activity" means the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles.

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

"Automotive sales, rental and delivery activity" means the retail or wholesale sale or rental, from the premises, of motor vehicles, with incidental maintenance, as well as the retail or wholesale sale or rental, from the premises, of any type of goods where orders are placed predominantly by telephone or mail order with delivery being provided by motor vehicle.

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

"Automotive servicing activity" means the sale, from the premises, of goods and the provision of services which are generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs, including sale of petroleum products together with sale and servicing of tires, batteries, automotive accessories and replacement items, lubricating services, and performance of minor repairs.

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

"Boarding house" means a dwelling unit, other than a hotel, where two or more of its occupants are subject to separate rental agreements, leases, or subleases, either written, oral, or implied; or the occupants do not operate as a single housekeeping unit. A boarding house is a transitory-lodging use.

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

"Community assembly and education activity" means and consists of activities typically performed by, or at, the following institutions or installations:

(a) Churches, temples, synagogues and other religious institutions;

(b) Private clubs, lodges, meeting halls and recreation facilities, such as golf clubs, swimming pools and tennis clubs, whether or not operated for profit;

(c) Public, parochial and private schools, including elementary, intermediate and high schools.

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

"Business and communication service activity" means the provision to firms and individuals of services of a clerical, communication or minor processing nature, including multicopy and blueprinting services, but excluding printing of books, other than pamphlets and small reports.

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

"Commercial automotive fee parking activity" means the parking and storage of motor vehicles on a fee basis, including those fee or non-fee basis facilities operated by or contracted by the city.

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

"Commercial laundry or dry cleaning activity" means the wholesale cleaning or repair of personal apparel or other household or institutional goods, but excluding self-service laundry and retail dry cleaning.

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

"Commercial recreation activity" means the provision of entertainment, amusement and athletic services to assembled groups of spectators or participants.

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

"Consultative service activity" means the provision of advice, designs, information or consultation of a professional nature, such as architects, engineers, attorneys or accountants.

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

"Construction sales and service activity" means construction storage and incidental storage activities performed by construction contractors on lots other than construction sites, also the storage of heavy equipment, trucks or other vehicles, as well as the retail or wholesale sale, from the premises, of materials used in construction of buildings or other structures, other than paint, fixtures and hardware.

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

"Convenience market activity" means the retail sale of food, beverages and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building; but excludes delicatessens, other specialty food shops and establishments which have a sizable assortment of fresh fruits and vegetables and fresh-cut meat.

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

"Day-care arid educational services activity" means the following:

(a) Child-care services for seven or more children, provided, however, that care for four or more children be provided only in facilities licensed by a state or county agency;

(b) Nursery schools and kindergartens.

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

"Fast-food restaurant activity" means the retail sale of ready-to-eat cooked foods and beverages, for on-premises or off-premises consumption, wherever the foods and beverages are available upon a short waiting time and primarily served in or on disposable wrappers, containers or plates.

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

"Financial service activity" means the provision of financial advice, receiving, deposit, lending or changing of money, such as banks, savings and loans, and finance companies.

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

"Firearm sales" means the sale, transfer, lease, offer or advertising for sale or lease of a firearm, which includes a gun, pistol, revolver, rifle or any device designed to be used as a weapon from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion.

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

"Full-service restaurant activity" means a place which is regularly and in a bona fide manner used and kept open for the serving of at least lunch or dinner to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking and assortment of foods which may be required for such meals. The sale or service of sandwiches (whether prepared in a kitchen or made elsewhere and heated up on the premises) or snack foods does not constitute a full-service restaurant.

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

"General commercial sales and service activity" means the retail or wholesale sale of goods, or provision of services, of a nature which are not readily carried by a pedestrian and usually necessitates the use of a motor vehicle to transport the goods or materials, and requires that parking or loading areas be provided on-site to facilitate convenient loading or unloading of goods by patrons. Generally these uses by their nature are almost totally reliant upon on-site patron parking and loading facilities.

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

"General food sales activity" means the retail sale from the premises of a comprehensive variety of generally used foods and beverages, including sizable assortments of fresh fruits and vegetables and fresh-cut meat; but excludes convenience markets.

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

"General personal service activity" means the provision to individuals of informational, instructional, personal care, repair of personal apparel, and similar services of a nonprofessional small-scale nature which are not needed frequently, such as barber and beauty care and shoe repair.

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

"General retail sales activity" means the retail sale from the premises of shopper goods which are generally of a nature that are easily carried or transported from place to place by a pedestrian, and does not normally necessitate the use of motor vehicles for portage of goods or the provision of parking in close proximity to the place of business.

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

"Light manufacturing and research activity" means a limited-volume function of on-site production, processing or examination of goods when the goods or the materials which are used in the production, processing or examination of the goods, or the process itself, do not create noise, odor, dust, smoke or vibration which might be obnoxious or offensive to persons residing or conducting business on neighboring properties.

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

"Limited child-care activity" means the provision of day-care service for six or fewer children, provided, however, that care for four or more children be provided only in facilities licensed by a state or county agency.

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

For purposes of this code, the following definitions shall apply.

(a) "Cannabis" means all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also includes marijuana as defined by Section 11018 of the Health and Safety Code. Cannabis includes "cannabis" as defined in Business and Professions Code, Section 26001, as may be amended from time to time.

(b) "Cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

(c) "Cannabis delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

(d) "Cannabis distribution" means the procurement, sale, and transport of cannabis and cannabis products.

(e) "Cannabis manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Cannabis manufacture includes the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.

(f) "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Cannabis products includes "cannabis products" as defined in Business and Professions Code, Section 26001, as may be amended from time to time.

(g) "Cannabis retailer" means a facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale. For purposes of this code, cannabis retailer includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to the Compassionate Use Act and Health and Safety Code Section 11362.775.

(h) "Cannabis testing laboratory" means a facility, entity, or site in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:

(1) Accredited by an accrediting body that is independent from all other persons involved in the commercial cannabis activity in the state; and

(2) Licensed by the bureau of cannabis control.

(i) "Commercial cannabis uses" includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis retailers, cannabis delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult-use, and whether or not such activities are carried out for profit. Commercial cannabis uses includes "commercial cannabis activity" as defined in Business and Professions Code, Section 26001, as may be amended from time to time, and includes any activity that requires a license from a state licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Business and Professions Code, Section 26000 et seq., as may be amended from time to time. Commercial cannabis activity does not include possession or cultivation of cannabis for personal use that is not sold and in strict accordance with Health and Safety Code, Section 11362.1 et seq.

(j) "Digital currency" means a digital representation of value that can be digitally traded and is used to facilitate the sale, purchase, and exchange of goods, services, or other digital representations of value. Sometimes referred to as virtual currency.

(k) "Electronic payment method" means any kind of non-cash payment method, including, but not limited to, credit cards, debit cards, electronic funds transfers, automated clearing house (ACH) networks or digital currency.

(l) "Indoor" means any location that is totally contained within a fully enclosed and secure private residence or building.

(m) "Outdoor" means any location that is not totally contained within a fully enclosed and secure accessory building or primary residence.

(n) "Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling occupied for residential purposes.

(o) "Secure" means in a locked area or room, safe, or vault, and in a manner reasonably designed to prevent loss, and access or theft, particularly by persons under the age of 21 years.

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

"Medical service activity" means the provision of therapeutic, preventive or corrective personal treatment services by physicians, dentists and other medical practitioners, and includes medical testing and analysis services.

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

"Kennel activity" means the keeping of more than 20 cats and/or dogs over six months old; or the keeping of any cats or dogs for certain commercial purposes, including boarding, breeding, sales for resale (wholesaling), training and similar purposes, but not including veterinary or medical treatment, grooming, hospitalization, impoundment or retail sales, nor killing of such animals.

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

"Multiple pet activity" means keeping more than three dogs over six months old, or more than five cats over six months old, but not more then 20 dogs and/or cats, none of which are kept for commercial purposes.

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

"Real estate service activity" means the provision of real estate sales or brokerage services, or both, and includes provision of advice, information or consultation relative to the sale, rental, lease or financing of real estate.

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

"Self-service laundry or retail dry cleaning activity" means a facility providing one or more of the following:

(a) Coin-operated washing, drying or dry-cleaning machines for self-service;

(b) Drop-off, pick-up station; or

(c) On-site professional dry cleaning of personal apparel and household goods brought into the facility by retail customers.

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

"Hotels and motels activity" means the provision of lodging services to transient guests on a less-than-weekly basis other than in the case of activities involving the provision of a special kind of care such as in nursing homes or orphanages.

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

"Undertaking service activity" means the provision of undertaking and funeral services involving the care and preparation of the human dead prior to burial or cremation.

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

"Utility distribution and civic service activity" means the maintenance and operation of the following installations:

(a) Communications equipment installations and exchanges;

(b) Electrical substations;

(c) Gas substations;

(d) Police stations and fire stations;

(e) Neighborhood newscarrier distribution centers;

(f) Recycling center.

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

"Home/business furnishings activity" means the sale or rental of home or business furnishings.

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

"Sales representatives and goods brokers activity" means the sales of goods by contract, provided that the associated sales tax is coded and credited to the city. The use must be in compliance with the purpose section of the zoning district in which the business is located. The use may include display and storage of goods in appropriate amounts in compliance with the purpose section of the zoning district in which the business is located.

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

"Hospital" means an institution providing medical or surgical treatment and care for the recovery of people with major illnesses or injuries on an inpatient and outpatient basis including ambulance bays, trauma units, maternity wards, intensive care units or pharmacies.

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

"Supportive care" means supportive housing, transitional housing, emergency shelters, low barrier navigation centers, or residential care facilities.

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

"Domicile" means an individual's legal residence and permanent home. A domicile is not lodging, which is only a temporary residence. (See "lodging.") A dwelling unit that is rented by a person on a month-to-month, or longer, basis is presumed to be the renter's domicile if the renter has no other legal residence or permanent home. Indicia of legal residency include, but are not limited to, evidence that the resident uses the street address for government identification purposes, such as a driver's license, and for tax-filing purposes.

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

"Foster home" means a foster family home as defined by Health and Safety Code Section 1502: "any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2." Foster homes are a type of residential care facility.

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

"Group home" means a residential care facility.

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

"Lodging" or "lodgings" means a temporary residence or place to live, which includes sleeping accommodations. Lodging is not a domicile because the former is a temporary residence and the latter is a permanent one. (See "domicile.")

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

"Low barrier navigation center" has the same meaning as in Government Code section 65660: "a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing."

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

"Residential care facility" means an intermediate care facility/developmentally disabled-habilitative or an intermediate care facility/developmentally disabled-nursing, as defined by California Health and Safety Code Section 1250; a congregate living health facility, as defined by California Health and Safety Code Section 1250; a community care facility, as defined by California Health and Safety Code Section 1502; a residential care facility for the elderly, as defined by California Health and Safety Code Section 1569.2; a residential care facility for persons with chronic life-threatening illness, as defined by California Health and Safety Code Section 1568.01; an alcoholism or drug abuse recovery or treatment facility, as defined by California Health and Safety Code Section 11834.02; a pediatric day health and respite care facility, as defined by California Health and Safety Code Section 1760.2; or a family care home, foster home,. or group home serving persons with mental health disorders or other disabilities or dependent and neglected children under California Welfare and Institutions Code Section 5116.

Residential care facilities except for those with a valid state license to serve six or fewer persons are a subset of boarding houses.

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

"Supportive housing" has the same meaning as in Government Code Section 65582: "housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community."

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

"Transitional housing" has the same meaning as in Government Code Section 65582: "buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance."

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

"Transitory lodging" means the use of any structure or portion of a structure to provide lodging in exchange for compensation on either: (a) a short-term basis (regardless of the number of rental agreements); or (b) a long-term basis under multiple agreements. Boarding houses, hotels, and short-term rentals are examples of transitory-lodging uses.

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