Livermore Municipal Code Part 6 Specific to Uses

LDC Chapter 6.01. INTRODUCTION

LDC § 6.01.010. Intent and Applicability.

A. This part provides site planning, development, and operating standards for certain land uses where allowed by Part 3 (Specific to Zones) and for activities that require special standards to ensure their compatibility with site features and existing uses. For land uses that are not discussed in the following sections, refer to Part 12 (Definitions).

B. The standards in this part are organized in two sections: those applicable to all zones see LDC Chapter 6.02 (Applicable to All Zones) and those applicable to non-Transect zones see LDC Chapter 6.03 (Applicable to Non-Transect Zones Only).

Table 6.1: Zone Applicability

C. The land uses and activities covered by this part shall comply with the provisions of this part and all other applicable provisions of this Development Code.

D. In the event of any conflict between the requirements of this part and those of Part 3 (Specific to Zones), Part 4 (General to Zones) or Part 5 (Building Types), the requirements of this part shall control.

(Ord. 2178, 7/14/2025)

LDC § 6.02.010. Bed & Breakfast Inns.

A. Operator. Bed and breakfast inns shall be operated by the property owner/manager living on the site.

B. Number of rooms. Bed and breakfast inns shall be limited to a maximum of six guest rooms for lodging, plus accommodations for the property manager/owner.

C. Additions, modifications, and new construction. Additions, modifications, and new construction of bed and breakfast inn structures shall be sensitive to and compatible with the surrounding neighborhood and follow the City's Design Standards and Guidelines.

D. Food service. Food may only be served to registered overnight guests. Guest room cooking facilities prohibited.

E. Fencing. A six-foot high fence or wall shall be constructed on all property lines that abut a residential district. All fences or walls shall be solid and decorative in compliance with LDC Section 4.05.040 (Fences and Screening).

F. Signs. Signs are limited to a maximum of four square feet and are subject to the sign permit approval and provisions of LDC Chapter 4.06 (Sign Standards).

G. Parking. Parking shall be provided in compliance with LDC Section 4.04.020 (Number of Parking Spaces Required).

This section establishes standards for City review of child day care facilities, in conformance with State law (Health and Safety Code Section 1596.78), including the limitations on the City's authority to regulate these facilities.

These standards apply in addition to all other applicable provisions of this Development Code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social Services is required for all child day care facilities. Evidence of the license shall be presented to the Department prior to establishing any child day care facility.

A. Small family day care. A small family day care is permitted in all residential zones as allowed by Health and Safety Code Sections 1597.44 et seq.

B. Large family day care. As allowed by Health and Safety Code Sections 1597.465 et seq., a large family day care shall be approved if it complies with the following standards:

1. The facility shall comply with all applicable State and fire codes.

2. Location requirements. A separation of 300 feet shall be required from any other large family day care home.

3. Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area.

4. Noise standards. The facility shall not exceed City noise limits as established by the City's General Plan.

5. Outdoor lighting. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded.

6. Parking. Parking shall be provided in compliance with LDC Chapter 4.04 (Parking Standards).

7. Swimming pools/spas prohibited. No swimming pool/spa shall be installed on the site after establishment of the family day care center, due to the high risk and human safety considerations. Any pool/spa existing on the site prior to application for approval of a family day care center shall be removed prior to establishment of the use, unless the Director determines that adequate, secure separation exists between the pool/spa and the facilities used by the children.

C. Family day care centers. The following standards apply to family day care centers:

1. The facility shall comply with all applicable State and fire codes.

2. Noise. The facility shall not exceed City noise limits as established by the City's General Plan.

3. Parking. Parking shall be provided in compliance with LDC Chapter 4.04 (Parking Standards).

4. Outdoor lighting. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded.

5. Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area.

(Ord. 2082 § 2(T), 2019)

Repealed by Ord. 2173, 7/14/2025.

(Ord. 2087 § 1 (Exh. A), 2019)

LDC § 6.02.040. Hazardous Materials.

A. The City Council finds that the present set of local, state, and federal regulations implemented through the building permit, hazardous materials operations permit, and inspection processes provide a high level of regulatory oversight for the use of hazardous materials.

B. The City Council declares that identification and regulation of hazardous materials in the commercial and industrial areas are necessary to protect the public health and general welfare.

C. Use of hazardous materials, including but not limited to storage (whether or not for resale), distribution, processing, production, use in processes, or creation as a byproduct of processes, shall maintain compliance with all applicable local, state, and federal regulations and associated standards, including but not limited to the fire and building codes, and shall be operated to avoid any substantial adverse effect on the health, safety and/or general welfare of users of adjacent or proximate property, and to avoid any substantial adverse impact on public facilities or services on the environment.

D. Business operations with hazardous materials are intended for the industrial and commercial areas and not permitted in residential areas except as allowed in conjunction with an approved home occupation permit (LDC Section 6.02.060).

E. Disclosure. Any person requesting approval of the storage or use of hazardous materials shall be required to disclose information regarding the classification, type and quantities of hazardous materials. Business shall comply with Government Code and Health and Safety Code requirements for disclosure to the department related to the Hazardous Materials Business Plan and the California Accidental Release Prevention Program.

F. Notification. Upon issuance of required permits when a use of hazardous materials initially exceeds the threshold amounts in Table 6.4, an informational notice including but not limited to the materials classification permitted shall be mailed to property owners and occupations of property within 300 feet of the property for which the permits were issued. The Planning Commission members shall be provided a copy of the notice and shall annually be provided a summary of the locations for which notices were sent.

G. Exceptions to notification requirements. The following materials and quantities are exempt from the notification requirements of subsection F of this section:

1. The following radioactive materials are exempt:

a. Licensed, sealed sources for instruments, calibration devices and similar equipment.

b. Smoke detectors.

c. Light fixtures.

2. The storage of containers that are either less than five gallons, less than 50 pounds, or less than 100 cubic feet in size are exempt provided all of the following requirements are met:

a. The materials are either being stored or maintained for the purpose of resale at a commercial facility or are being stored by laboratories for their own use.

b. The total storage does not exceed 55 gallons, 500 pounds, or 200 cubic feet of any given hazard category.

c. The storage does not include toxic gases, explosives, highly toxic materials or radioactives.

3. Propane tanks when the aggregate amount on-site is less than 2,000 gallons water capacity.

4. Five pounds of sporting black powder and 20 pounds of smokeless powder.

(Ord. 1915 § 3 (Exh. A), 2010)

Health facilities as defined in the State Code, including community care facilities, hospitals (sanatoriums, nursing homes and maternity homes), mental health facilities, and rest homes (guest homes, boarding homes for the aged), shall be permitted subject to the following regulations:

A. Facilities permitted. Community care facilities, residential care facilities for the elderly, alcoholism recovery, and homes for mentally disabled, handicapped, dependent and neglected children permitted in an existing dwelling or facility in compliance with Part 3 (Specific to Zones).

B. Off-street parking. Shall be provided as stated in LDC Chapter 4.04 (Parking Standards).

C. Screening. Screening adjacent to residential zones shall be a six foot high masonry wall, solid board fence or acceptable equivalent along all interior property lines.

D. Additional building setback required. Additional setback may be required as condition to an approved Conditional Use Permit.

E. Signs. Shall be permitted as stated in LDC Chapter 4.06 (Sign Standards).

F. Other approval. A permit issued under the provisions of this section shall be valid at such time as a copy of a license or permit issued by the appropriate county or State agency is filed with the City.

Home occupations which are clearly secondary to the principal use of a dwelling, conform to City ordinances, and do not adversely affect the public safety, health and general welfare of the neighborhood shall be permitted. In addition to special conditions that may be imposed to accomplish these objectives, home occupations shall conform to the following locational, developmental, and operational standards, as well as provisions of Chapter 9.05 LDC:

A. Permit Required. No person shall conduct a home occupation without first obtaining a home occupation permit in compliance with Chapter 9.05 LDC. Uses exempt from the requirement of a home occupation permit include:

1. A legal live/work facility;

2. A small family day care home for eight or fewer children operated in compliance with state law and LDC § 6.02.020 (Child Day Care Facilities);

3. Home occupations that do not see clients at the residence or have employees other than the household member occupying the residence. Exempt home occupations are subject to locational, developmental, and operational standards outlined in subsections B, C, and F through K of this section.

Cottage food operations are not exempt from obtaining a home occupation permit and are subject to the requirements of subsection M of this section.

B. Location. The home occupation shall be located entirely within the primary residence, accessory dwelling unit, junior accessory dwelling unit, garage or an accessory structure that meets all current state and/or City code standards for accessory structures.

C. Appearance of the Residence. The home occupation shall not alter the external appearance of the residence.

D. Clients. On-site clients shall be permitted only for the following home occupations:

1. Instructional services by appointment, such as tutoring or musical instruction of no more than three clients at a time and limited to the hours of 9:00 a.m. to 7:00 p.m. daily.

2. Professional/office and personal services by appointment only, of no more than three clients at a time and limited to the hours of 9:00 a.m. to 7:00 p.m. daily. Professional/office services include such uses as accounting; design services including architecture, engineering, landscape architecture and urban planning; financial management, investment, and legal counseling; and counseling services. Personal services include such uses as state licensed barber, beauty, and nail salons; exercise and personal training; fortune telling and similar uses; tailors; bicycle repair; and home electronics and small appliance repair. Other uses determined to be substantially similar to the listed uses may be permitted by the Community Development Director.

3. Repair services (excluding vehicle and small engine repair as stated in subsection of this section) consistent with the provisions of subsection J of this section, by appointment, of no more than three clients at a time and limited to the hours of 9:00 a.m. to 7:00 p.m. daily.

4. A cottage food operation home occupation permit ("CFO HOP") pursuant to subsection M of this section.

E. Employees. In no event shall more than one employee be working at any one time at a home occupation in addition to the household member occupying the premises. If the home occupation employs a person that is not a household member occupying the premises, then one off-street parking space, in addition to the minimum number of parking spaces required by this code for the dwelling, shall be designated on the site and its location identified in the application. Required parking may be in tandem to existing required parking on the premises.

F. Fire Safety. The home occupation shall not reduce the fire safety classification of a residence or accessory structure. Storage of hazardous materials is limited as follows:

1. To one gallon or less total for all combustible liquids, corrosive liquids, Class 1 or 2 oxidizers, or Class 1 water reactives.

2. To 10 pounds total for all corrosive solids, health hazards, or Class 2 oxidizers, or 50 pounds for Class 1 oxidizers.

3. To four standard cubic feet of flammable gases, and 500 standard cubic feet of inert or oxidizer gases.

4. No quantities of other hazardous materials classes are permitted in conjunction with a home occupation.

G. Movement of Goods. Movement of products, materials, or equipment associated with the home occupation shall be limited to days and hours of operation indicated in subsection D of this section. No merchandise or goods shall be sold, leased, or rented from the premises if the sale, lease, or rental requires the customer to visit the premises for delivery except for CFO HOP consistent with subsection M of this section.

H. Signs. No signs are permitted in conjunction with the use except for a maximum of 10 square feet on one vehicle associated with the home occupation.

I. Storage. There shall be no on-site exterior storage of equipment, vehicles, materials or supplies connected with the home occupation except as permitted in subsection K of this section.

J. Nuisance. A home occupation shall not create dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy where no home occupation exists. Noise generated by a home occupation shall not be audible at neighboring properties.

K. Vehicles. A home occupation shall have no more than one vehicle connected to the home occupation which shall not be a commercial grade vehicle. Examples of a commercial grade vehicle include but are not limited to a box truck, semi-trailer truck, bus, or a vehicle used for loading, transporting, or manipulating construction materials or debris.

L. Prohibited Uses. The following uses shall be considered prohibited:

1. Adult businesses;

2. Animal hospitals (and related services);

3. Dance/night clubs;

4. Firearms dealers and gunsmiths;

5. Food preparation for commercial purposes except a CFO HOP pursuant to subsection M of this section;

6. Small engine repairs;

7. Personal services such as swimming, massage (on-site), tattoo, body piercing and similar uses except as noted in subsection D of this section;

8. Medical/dental offices/clinics/laboratories;

9. Plant nursery;

10. Retail or wholesale sales of products stored at the residence, except for a CFO HOP and to allow mail order businesses where there is no stock-in-trade on the site;

11. Vehicle related services such as, but not limited to, repair, cleaning, tune-ups, couriers, or delivery or transport of goods or people;

12. Welding and machining;

13. Other uses determined by the Community Development Director not to be incidental to or compatible with residential activities.

M. Cottage Food Operation. A cottage food operation (CFO), as defined in Health and Safety Code Section 113758 as may be amended (for example, home-based preparation of nonperishable types of food for sale), may be permitted with a home occupation permit (CFO HOP) subject to the following provisions:

1. A CFO shall be required to obtain and maintain a registration and/or operating permit from Alameda County Environmental Health and Safety and furnish a copy to the City of Livermore prior to issuance of a CFO HOP.

2. Customers may visit the premises only between 8:00 a.m. and 7:00 p.m. daily.

3. No more than three customers may be on the premises at any one time.

4. If direct sales are proposed at the site of the CFO, no third parties or customers shall be permitted to dine at the CFO.

5. CFOs are prohibited from conducting sales in garages, accessory structures, or outside of the dwelling.

6. Cooking appliances and equipment used for the CFO that produce grease laden vapors, such as deep fat fryers, shall be those designed and sold for residential use only. Oil capacity of deep fat fryers shall not exceed four quarts. Grease deposits within the kitchen shall be cleaned promptly. Cooking exhaust ducts and filters shall be visually checked no less than every six months and buildup of grease shall be removed.

7. In no event shall more than one employee be working at any one time at a CFO in addition to the household member occupying the premises.

8. If the CFO employs a person that is not a household member occupying the premises, then one off-street parking space, in addition to the minimum number of parking spaces required by this code for the dwelling, shall be designated on the site and its location identified in the application. Required parking may be in tandem to existing required parking on the premises.

9. A CFO HOP shall immediately cease to be valid upon the Alameda County registration and/or operating permit becoming invalid.

10. A CFO HOP shall not be transferable to another person or dwelling and a new HOP application with an Alameda County registration and/or operating permit specific to the new person or dwelling shall be required.

11. CFO usage shall be restricted to the registered or permitted area of the home provided for by Alameda County Environmental Health.

12. CFO sales shall comply with the gross annual sales limits in state law as set forth in Health and Safety Code Section 113758, as may be amended.

13. A home occupation permit shall be obtained in compliance with Chapter 9.05 LDC (Home Occupation Permits).

(Ord. 1981 § 1 (Exh. A), 2013; Ord. 2082 § 2(U), 2019; Ord. 2131 § 3 (Exh. B), 2021; Ord. 2144 § 3 (Exh. B), 2023; Ord. 2178, 7/14/2025)

Meeting facility uses such as social halls, lodges, fraternal organizations and clubs, shall comply with the following requirements:

A. All buildings, except when developed in the CNB zone, shall be located not less than 20 feet from side lot lines, and not less than 20 feet from the rear lot line.

B. Facilities shall be located with ready access to a major street or frontage road, or be able to provide access without causing heavy traffic on a local residential street.

C. No facilities shall be allowed to indicate any external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building.

A. Purpose. The purpose of this section is to establish uniform standards, land use regulations and a permit process for controlling the location, design, maintenance and safety of specified off-site hazardous waste facilities. This code incorporates general policies regarding hazardous waste management pursuant to Health and Safety Code Sections 25199.7 et seq. and the Alameda County Hazardous Waste Management Plan, November 1995.

B. Applicability.

1. The specific requirements of this code are applicable to the siting and development of off-site hazardous waste treatment, storage, and transfer facilities as defined in Part 12 (Definitions).

2. The off-site facility definition does not apply to: (a) transportable treatment units (TTUs) which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time, or (b) permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste.

3. All such facilities (i.e., off-site, on-site, and TTUs) shall require State licensing for their installation and operation.

4. A Conditional Use Permit for a hazardous waste facility shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increases in the quantity of approved wastes shall be allowed beyond those specified in the approved permit, unless a separate application is made therefor which shall satisfy the same procedures and contents as those required in an initial application.

C. Procedure. For the purpose of identifying the steps for processing a Conditional Use Permit application for a specified off-site hazardous waste facility, the project proponent, State and City shall follow the procedures set forth in the Health and Safety Code Section 25199.7.

D. Application requirements. The information required for a Conditional Use Permit application for an off-site hazardous waste facility shall be determined by the Community Development Department.

E. Environmental review. The project shall be subject to environmental analysis according to the City's environmental guidelines, pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 through 21177; 15000 through 15387).

F. Facility siting criteria and permitting requirements. The following siting criteria have been established for use by hazardous waste facility project proponents in locating and designing suitable facility sites and appropriate facilities, and by the City in evaluating proposed sites and facility projects. The purpose of the criteria is to reduce public health and environmental risks associated with development of hazardous waste facilities, consistent with the Alameda County Hazardous Waste Management Plan.

Table 6.5 City of Livermore General Siting Criteria

G. Special development requirements. Additional development requirements will be required to ensure public health, safety and welfare including, but not limited to: safety and security, contingency plans, monitoring, closure plans, and financial responsibility.

H. Local assessment committee (LAC). The City Council shall appoint a seven-member local assessment committee (LAC) in accordance with Health and Safety Code Section 25199.7. The City Council has discretion to appoint additional members as they deem appropriate.

I. Findings. In order for the City Council to approve a Conditional Use Permit for a hazardous waste facility, the Council shall find that:

1. The project is consistent with the City's General Plan and Development Code.

2. The project is not detrimental to the public health, safety or general welfare of the City.

3. The project site is or will be adequately served by roads and other public or private service facilities.

4. The project is consistent with the regional fair share facility needs assessment and siting policies established in the Alameda County Hazardous Waste Management Plan.

5. The project complies with the facility siting criteria per subsection F of this section (Facility siting criteria and permitting requirements.).

6. Appeal. In addition to the appeals process set forth in LDC Chapter 9.15 (Appeals), an applicant or interested person may file an appeal of the decision made by the City Council to the Governor's appeal board pursuant to Health and Safety Code Sections 25199.9 through 25199.14.

7. Time limits. A Conditional Use Permit granted for an off-site hazardous waste facility shall be exercised within two years from the effective date thereof. The City Council may grant one extension up to one year. Otherwise, the permit shall be null and void. The term "exercised" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

(Ord. 2178, 7/14/2025)

Public and quasi-public uses shall provide and permanently maintain, except in required front yards, a six-foot-high solid board fence, masonry wall, or chain-link fence on all property lines which abut a residential zone or provide a 25-foot-wide permanently maintained landscaped strip in compliance with LDC Chapter 4.05 (Landscape Standards).

LDC § 6.02.100. Wireless Telecommunications Facilities.

A. Legislative Intent.

1. This section is intended to establish reasonable uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City's territorial boundaries, consistent with and to the extent permitted under federal and California State law. The standards and procedures contained in this section are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, advanced wireless services with the City's local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. This section is also intended to reflect and promote the community interest in public notice and an opportunity to be heard to:

a. Ensure that the balance between public and private interest is maintained on a case-by-case basis;

b. Protect the City's visual character from potential adverse impacts or visual blight created or exacerbated by wireless communications infrastructure;

c. Protect and preserve the City's environmental resources; and

d. Promote access to high-quality, advanced wireless communications services for the City's residents, businesses and visitors.

2. This section is not intended to, nor shall it be interpreted or applied to:

a. Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services;

b. Prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management;

c. Unreasonably discriminate among providers of functionally equivalent services;

d. Deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions;

e. Prohibit any collocation or modification that the City may not deny under federal or California State law;

f. Impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or

g. Otherwise authorize the City to preempt any applicable federal or California State law.

B. Definitions. The abbreviations, phrases, terms and words used in this section will have the meanings assigned to them in this subsection B or, as may be appropriate, in Part 12 (Definitions), as may be amended from time to time, unless context indicates otherwise. Undefined phrases, terms or words in this section will have the meanings assigned to them in 47 U.S.C. § 153, as may be amended or superseded, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this section conflicts with any federal or State-mandated definition, the federal or State-mandated definition will control.

1. General Definitions. The definitions in this subsection B.1 shall be generally applicable to all provisions in this section.

"Architectural integration"

means concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the underlying structure and surrounding built environment such that, given the particular context, the average, untrained observer does not recognize the existence of the wireless facility or concealment technique. These facilities are so integrated and well-hidden that the average, untrained observer would need special knowledge to recognize their existence. Architecturally integrated projects must be designed by a California-licensed architect. Architectural integration concealment techniques include, but are not limited to: (a) transmission equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure and (b) new architectural features that mimic the underlying building in architectural style, scale, physical proportion and quality of construction materials. Architectural features commonly used as architectural integration concealment include, but are not limited to, church steeples, cupolas, bell towers, clock towers, pitched faux-roofs and water tanks. Further, whether a wireless facility qualifies as an architecturally integrated facility depends on the context that exists at a given location and is evaluated on a case-by-case basis in the City's discretion.

"Commission"

means the City of Livermore Planning Commission.

"Director"

means the City of Livermore's Community Development Director.

"FAA"

means the Federal Aviation Administration or its duly appointed successor agency.

"FCC"

means the Federal Communications Commission or its duly appointed successor agency.

"OTARD"

means any "over-the-air reception device" subject to 47 CFR 1.4000, as may be amended or superseded.

"Personal wireless service facilities"

means the same as defined in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded.

"Personal wireless services"

means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded.

"Pseudo-natural integration"

means concealment techniques that completely screen all transmission equipment from public view and integrate the transmission equipment with the surrounding natural environment. Given that pseudo-natural integration mimics natural features, these manmade concealment techniques are more obvious to the average, untrained observer such that the observer may not need special knowledge to recognize the existence of a pseudo-naturally integrated wireless facility. Such concealment techniques include faux-trees and other faux-plants or faux-geologic features (monoshrubs, monorocks and other faux-natural features).

"Routine maintenance and repair"

means work performed solely to maintain or repair the existing transmission equipment approved in accordance with the regulatory approvals or permits required at the time the subject wireless facility was constructed or modified. As an illustration, routine maintenance and repair includes fixing the internal components of damaged, inoperable or malfunctioning transmission equipment or replacing such equipment with new equipment of the same make, model and size of the equipment being replaced. Maintenance or repair that involves adding any new transmission equipment, increasing the size or dimensions of any existing transmission equipment or implementing technology upgrades shall not be considered routine.

"Temporary wireless facilities"

means portable wireless facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster disables permanent wireless facilities. Temporary wireless facilities include, without limitation, cells-on-wheels ("COWs"), sites-on-wheels ("SOWs"), cells-on-light-trucks ("COLTs") or other similarly portable wireless facilities not permanently affixed to the site on which it is located.

"Tower"

means the same as defined by the FCC in 47 CFR 1.40001(b)(9), as may be amended, which defines that term as any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

"Wireless facility"

means the collective or combined equipment, network components and/or support structures that are necessary or integral in providing wireless services, including but not limited to antennas, transmission equipment, towers, and base stations, or as otherwise defined by State or federal law and regulations.

2. Definitions for Eligible Facilities Requests. These definitions shall be applicable only to applications for Zoning Clearance approval in connection with an eligible facilities request.

"Base station"

means the same as defined by the FCC in 47 CFR l.40001(b)(1), as may be amended or superseded.

"Collocation"

means the same as defined by the FCC in 47 CFR 1.40001(b)(2), as may be amended or superseded.

"Eligible facilities request"

means the same as defined by the FCC in 47 CFR 1.40001(b)(3), as may be amended or superseded.

"Eligible support structure"

means the same as defined by the FCC in 47 CFR 1.40001(b)(4), as may be amended or superseded.

"Existing"

means the same as defined by the FCC in 47 CFR 1.40001(b)(4), as may be amended or superseded.

"Site"

means the same as defined by the FCC in 47 CFR 1.40001(b)(6), as may be amended or superseded.

"Substantial change"

means the same as defined by the FCC in 47 CFR 1.40001(b)(7), as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). For clarity, this definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location.

a.

For towers outside the public rights-of-way, a substantial change occurs when:

(1)

The proposed collocation or modification increases the overall height more than 10% of the existing tower or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet (whichever is greater); or

(2)

The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or

(3)

The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or

(4)

The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

b.

For towers in the public rights-of-way and for all base stations, a substantial change occurs when:

(1)

The proposed collocation or modification increases the overall height more than 10% of the existing tower or 10 feet (whichever is greater); or

(2)

The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or

(3)

The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or

(4)

The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10% larger in height or volume than any existing ground-mounted equipment cabinets; or

(5)

The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

c.

In addition, for all towers and base stations wherever located, a substantial change occurs when:

(1)

The proposed collocation or modification would defeat the existing concealment elements of the support structure as reasonably determined by the Director; or

(2)

The proposed collocation or modification violates a prior condition of approval; provided, however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in 47 CFR 1.40001(b)(7).

"Transmission equipment"

means the same as defined by the FCC in 47 CFR 1.40001(b)(8), as may be amended or superseded.

C. Applicability.

1. Applicable Wireless Facilities. The provisions in this section shall be applied to all existing wireless facilities within the City and all applications to construct, install, operate, collocate, modify, reconstruct, relocate or otherwise deploy wireless facilities within the City, except as may be expressly provided otherwise in this section.

2. Eligible Facilities Requests. Notwithstanding any other provision in this section, eligible facilities requests shall be exempt from the provisions in subsections E (Site Location Guidelines) and F (Development Standards) of this section.

3. Exemptions. Notwithstanding any other provision in this section, this section shall not be applicable to:

a. Wireless facilities owned and operated by the City for public purposes;

b. Wireless facilities installed on City-owned infrastructure in the public rights-of-way pursuant to a valid master license agreement with the City;

c. Amateur radio facilities;

d. OTARD antennas;

e. Wireless facilities installed completely indoors and intended to extend personal wireless services into a personal residence or a business (such as a "femtocell" or indoor distributed antenna system);

f. Wireless facilities owned and operated by electric companies regulated by the California Public Utilities Commission ("CPUC") for use in connection with electrical power generation, transmission and/or distribution facilities and operations in accordance with CPUC General Order 131-D, as may be amended or superseded; or

g. Routine maintenance and repair performed on existing wireless facilities.

D. Approvals Required. With respect to all applications subject to this section, findings shall be made pursuant to subsection I of this section. To the extent that there is any conflict between the findings in Part 9 and the findings in subsection I of this section, the findings in subsection I of this section shall control.

1. Zoning Clearance. A Zoning Clearance, subject to the Director's prior review and approval, shall be required for architecturally integrated wireless facilities in any preferred location as specified in subsection E.1 of this section and eligible facilities requests.

2. Zoning Use Permit. A Zoning Use Permit, subject to the Director's review and approval, shall be required for wireless facilities on private property or in the public rights-of-way in a preferred location as specified in subsection E.1 of this section, including but not limited to, wireless facilities that are that are not architecturally integrated or any facility that is not pseudo-naturally integrated.

3. Conditional Use Permit. A Conditional Use Permit, subject to the Commission's prior review and approval, shall be required for all other applications, including applications for any wireless facility that requires a limited exception pursuant to subsection I.4 of this section;

4. Temporary Use Permit. A Temporary Use Permit, subject to the Director's prior review and approval in accordance with the procedures and standards in subsection K of this section, is required for any temporary wireless facility, unless deployed under emergency circumstances pursuant to subsection K.2 of this section.

5. Referral to Commission. Notwithstanding any other provision in this section, the Director may refer any application for any Zoning Clearance or Zoning Use Permit, other than an eligible facilities request, to the Commission when the Director determines that the application raises a significant policy or design issue.

6. Other Permits and Regulatory Approvals. In addition to any Zoning Clearance, Zoning Use Permit, Conditional Use Permit, Temporary Use Permit or other permit or approval required under this section, the applicant must also obtain all other permits and approvals as may be required by any other federal, State or local government agencies, which includes, without limitation, any other permits and/or approvals issued by other City departments or divisions. Furthermore, any permit or approval granted under this section (or deemed granted or deemed approved by law) shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or approvals.

E. Site Location Guidelines.

1. Preferred Locations. All applicants must propose new wireless facilities in locations and on structures according to the following preferences, ordered from most preferred to least preferred.

a. City-owned or controlled parcels or structures not within public right-of-way;

b. Existing or replacement City-owned or controlled structures within the public rights-of-way;

c. Parcels or structures that are not within public right-of-way located in an Education and Institution (E) district;

d. Existing or replacement structures located within the public rights-of-way in an Education and Institution (E) district;

e. Parcels or structures on private property located in any Commercial (CS, CHS, CNB, CO or CP) district, Neighborhood Mixed Use (NMU) commercial area, Planned Development-Commercial (PD-C) district, Industrial (I-1, I-2, or I-3) district or Planned Development-Industrial (PD-I) district;

f. Existing or replacement structures located within the public rights-of-way in any Commercial (CS, CHS, CNB, CO or CP) district, Neighborhood Mixed Use (NMU) commercial area, Planned Development-Commercial (PD-C) district, Industrial (I-1, I-2 or I-3) district or Planned Development-Industrial (PD-I) district;

g. Parcels, existing structures or replacement structures located on private property or within the public rights-of-way in any Open Space (OS) district, Airport Service (AIR-SE) district, Planned Development Open Space (PD-OS) district or Planned Development Agricultural (PD-AG) district;

h. Parcels or structures on private property located in the Downtown Specific Plan (DSP) district; and

i. Existing or replacement structures located within the public rights-of-way in the Downtown Specific Plan (DSP) district.

2. Discouraged Locations. The City strongly discourages new wireless facilities in the following locations, ordered from most discouraged to least discouraged, when a technically feasible and potentially available alternative in a "preferred" location exists. Any application for a new wireless facility in the following "discouraged" locations shall not be approved without a limited exception granted by the review authority pursuant to subsection I.4 of this section.

a. Private parcels in any residential Transect (T) district, Neighborhood Mixed Use (NMU) residential area, Planned Development Residential (PD-R) district, Planned Development-South Livermore Valley Specific Plan (PD-SL VSP) residential area or within 200 feet from a Residential (R) district;

b. Existing structures or replacement structures within the public rights-of-way in any Residential (R) district or within 200 feet from a Residential district;

c. Existing structures or replacement structures located within the public rights-of-way in any Transect (T) district;

d. Existing structures or replacement structures located within the public rights-of-way in any Neighborhood Mixed Use (NMU) residential area;

e. Existing structures or replacement structures located within the public rights-of-way in any Planned Development Residential (PD-R) district;

f. Existing structures or replacement structures located within the public rights-of-way in any Planned Development-South Livermore Valley Specific Plan (PD-SL VSP) residential area;

g. New (nonreplacement) structures located within the public rights-of-way in any district; and

h. Any other locations or structures not identified as "preferred" in subsection E.1 of this section.

F. Development Standards.

1. Generally Applicable Development Standards. All wireless facilities subject to a Zoning Clearance, Zoning Use Permit or Conditional Use Permit shall conform to the generally applicable development standards in this section.

a. Concealment. Wireless facilities must incorporate concealment elements, measures and techniques that blend the equipment and other improvements into the natural and/or built environment in a manner consistent and/or compatible with the uses and structures permitted in the underlying zoning district and existing in the immediate vicinity, as determined by the review authority.

b. Overall Height.

(1) Private Property. Wireless facilities located on private property may not exceed the applicable height limit for structures in the applicable zoning district or overlay zones; provided, however, that architecturally integrated or pseudo naturally integrated wireless facilities may exceed the applicable height limit by no more than 10 feet, if in scale with the surrounding structures or natural environment.

(2) Public Rights-of-Way. Wireless facilities in the public rights-of-way may not exceed either (A) the minimum separation from electrical supply lines required by CPUC General Order 95, as may be amended or superseded, plus four feet or (B) four feet above the height of the existing or replacement support structured.

c. Setbacks. Wireless facilities on private property, and any associated equipment and improvements, may not encroach into any applicable setback for structures in the subject zoning district or overlay zones.

d. Wireless Facility Separation.

(1) Wireless facilities in the right-of-way shall be required to have a separation of 200 feet on the same side of the street.

(2) Wireless facilities, which are outside of the right-of-way, and which are closer than 200 feet, shall be required to collocate when technically feasible and aesthetically more desirable as determined by the City.

e. Noise. Wireless facilities and all accessory equipment and transmission equipment must comply with all applicable noise control standards and regulations in the General Plan and LMC Chapter 9.36 (Noise), and shall not cause, either individually or cumulatively with other noise-emitting uses, the ambient noise to exceed the applicable limits. The applicant may be required to incorporate appropriate noise-baffling materials and/or strategies whenever necessary to avoid any ambient noise from equipment (such as backup power generators) reasonably likely to exceed the applicable limit. In the event a duly authorized federal, state, county or City official declares an emergency within a region that includes the City in whole or in part, backup power generators may exceed the applicable noise control standards and regulations to the extent reasonably necessary to operate the facility until the declared emergency is lifted or power is restored to the affected facility.

f. Landscaping. All wireless facilities must include landscape features and a landscape plan when proposed to be placed in a landscaped area. The landscape plan must include existing vegetation, and vegetation proposed to be removed or trimmed and an irrigation plan. The landscape plan must identify proposed landscaping by species type, size and location. Landscape maintenance must be performed in accordance with LDC Chapter 4.05 (Landscape Standards). Additional landscape features may be required to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the concealment required under this section.

g. Site Security Measures. Wireless facilities may incorporate reasonable and appropriate site security measures, such as fences, walls and anti-climbing devices, to prevent unauthorized access, theft or vandalism. Site security measures must be designed to enhance concealment to the maximum extent possible, such as installing equipment within an enclosure designed to mimic a trash-can corral rather than within a chain link fence. Additional concealment elements may be necessary to blend the security measures and other improvements into the natural and/or built environment. Barbed wire, razor ribbon, electrified fences or any similar security measures shall not be permitted.

h. Backup Power Sources. Permanent backup power sources and/or generators may be approved on a case-by-case basis, if found not to have detrimental noise, air quality, aesthetic and/or other environmental impacts. Detrimental noise impacts will be construed consistent with LMC Chapter 9.36 (Noise). Permanent diesel generators or other similarly noisy or noxious generators in or within 250 feet from any residence shall not be permitted. Sockets or other connections used for temporary backup generators shall be reviewed on a case-by-case basis.

i. Lights. Wireless facilities may not include exterior lights other than (1) as may be required under FAA, FCC or other applicable governmental regulations; and (2) timed or motion-sensitive lights for security and/or worker safety. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible.

j. Signage, Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator's site name or identification number and a toll-free number to the owner/operator's network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC or other United States governmental agencies for compliance with RF emissions regulations.

k. Future Collocations. To the extent feasible and aesthetically desirable, all new wireless facilities should be designed and sited in a manner that accommodates potential future collocations and equipment installations that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance. The requirements in this section may be waived when it is determined that future collocations at a proposed wireless facility would be aesthetically undesirable.

l. Utilities. All cables and connectors for telephone, primary electric and other similar utilities must be routed underground to the extent feasible in conduits large enough to accommodate future collocated wireless facilities. Meters, panels, disconnect switches and other associated improvements must be placed in inconspicuous locations to the extent possible. New overhead utility lines or service drops proposed merely because compliance with the undergrounding requirements would increase the project cost shall not be permitted. All new utility lines connecting ground-mounted equipment to the wireless facility and/or to utility lines located in the right-of-way must be installed underground. Additionally, all new utility lines connecting to any wireless facility must be installed underground when the wireless facility is located in an area where existing utilities are primarily located underground. Microwave or other wireless backhaul is discouraged when it would involve a separate and unconcealed antenna.

m. Parking and Access. Any equipment or improvements constructed or installed in connection with any wireless facilities must not reduce any parking spaces below the minimum requirement for the subject property. Whenever feasible, wireless facilities should use existing parking and access rather than construct new parking or access improvements. Any new parking or access improvements should be the minimum size necessary to reasonably accommodate the proposed use.

n. Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, State and local laws, regulations, rules, restrictions and conditions, which include without limitation the California Building Standards Code, General Plan and any applicable specific plan, the Development Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the wireless facility or its operation.

2. Wireless Facilities Design Guidelines. The Council may, either on its own motion or upon a recommendation from the Director, adopt by resolution additional and/or more detailed development guidelines for wireless facilities; provided, however, that any such wireless facilities design guidelines must be consistent with the General Plan and any specific plan, the Development Code and this section. All wireless facilities shall conform to all applicable wireless facilities design guidelines as may be adopted in a resolution by the Council. The generally applicable development standards in this section shall control in any conflict between the standards contained in subsection F.1 of this section and any provisions in the wireless facilities design guidelines.

G. Application Requirements.

1. Application Required. The review authority shall not approve any request for any Zoning Clearance, Zoning Use Permit, Conditional Use Permit or Temporary Use Permit except upon a complete and duly filed application consistent with this section and any other written rules the City or the Director may establish from time to time in any publicly stated format.

2. Application Content, Submittal Process. All applications for a Zoning Clearance, Zoning Use Permit, Conditional Use Permit or Temporary Use Permit must include all the information and materials required by the Director for the application. The Council authorizes the Director to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this section. Any application requirements developed by the Director shall include a demonstration that the proposed wireless facility, or modification or collocation to an existing wireless facility will be in compliance with all applicable public health and safety regulations, which includes, without limitation, all regulations related to human exposure to RF emissions and ambient noise. All such rules and regulations must be in written form and publicly stated to provide applicants with prior notice. All actions by the Director authorized under this section shall be effective upon publication and shall not require action by the Council.

3. Pre-Submittal Conference. Before application submittal, the applicant must schedule and attend a pre-submittal conference with the Director, or authorized representative, for all proposed projects (a) subject to a Conditional Use Permit or (b) that involve the deployment of more than five wireless facilities in the public right-of-way. Pre-submittal conferences for all other proposed projects are strongly encouraged but not required. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. An application that requires a pre-submittal conference will not be considered duly filed unless the applicant complies the pre-submittal conference requirement.

4. Applications Deemed Withdrawn. To promote efficient and timely review, any application governed under this section will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Department within 90 calendar days after the Department deems the application incomplete in a written notice to the applicant. The Director may, in the Director's discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the ninetieth day that shows good cause to grant the extension. Delays due to circumstances beyond the applicant's reasonable control will be considered "good cause" to grant the extension.

H. Notice.

1. Eligible Facilities Requests. The Director shall administratively review a complete and duly filed application for a Zoning Clearance approval in connection with an eligible facilities request or other applicable wireless facility application, and may act on such application without prior notice or a public hearing.

2. Zoning Use Permits and Conditional Use Permits. Public notice and any applicable public hearing in accordance with the provisions in LDC Section 9.03.050 (Project Review, Notice, and Hearing) shall be required for all applications subject to a Zoning Use Permit, Conditional Use Permit or any application, other than an eligible facilities request, within 200 feet of a single-family residentially zoned property.

3. Deemed-Approval Notice. Not more than 30 days before the applicable FCC time frame for review expires, and in addition to the public notice required in subsection H.2 of this section, an applicant for a Conditional Use Permit or Zoning Use Permit must provide a posted notice at the project site that contains:

a. A statement the project will be automatically deemed approved pursuant to California Government Code § 65964.1 unless the City approves or denies the application or the applicant tolls the time frame for review within the next 30 days; a general explanation of the proposed project;

b. The applicant's identification and contact information as provided on the application submitted to the City; and

c. Contact information for the Director.

d. The public notice required under this section will be deemed given when the applicant delivers written notice to the Director that shows the appropriate notice has been posted at the project site. Notwithstanding anything to the contrary in this section, the approval authority shall be permitted to act on an application at any time so long as the public notice required in subsection H.2 of this section has occurred.

4. Decision Notices. Within five business days after the review authority acts on any application subject to this section or before the time frame for a decision prescribed by law expires (whichever occurs first), the review authority or its designee shall send a written notice to the applicant. In the event that the review authority denies the application (with or without prejudice), the written notice to the applicant must contain (a) the reasons for the decision and (b) instructions for how and when to file an appeal.

I. Decisions, Limited Exceptions, Appeals.

1. Required Findings for Zoning Clearances, Zoning Use Permits, and Conditional Use Permits. The review authority may approve or conditionally approve any application for any Zoning Clearance, Zoning Use Permit or Conditional Use Permit when the review authority finds:

a. The proposed wireless facility complies with all required findings for Zoning Clearance pursuant to LDC Chapter 9.11 or a Zoning Use Permit or Conditional Use Permit pursuant to LDC Chapter 9.03, as may be applicable;

b. The applicant demonstrated that its proposed wireless facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions;

c. The applicant provided the approval authority with a meaningful comparative analysis that shows all less intrusive alternative locations and designs identified in the administrative record are either technically infeasible or not potentially available; and

d. If the proposed wireless facility is located in the public right-of-way, that the wireless facility will not incommode the public's use of the public right-of-way, which includes without limitation any unreasonable interference with transportation, aesthetic, social or expressive uses.

2. Eligible Facilities Requests.

a. Required Findings. The Director may approve or conditionally approve any application for a Zoning Clearance approval in connection with an eligible facilities request when the Director finds that the proposed modification or collocation:

(1) Involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and

(2) Does not substantially change the physical dimensions of the existing wireless tower or base station.

b. Grounds for Denial without Prejudice. Notwithstanding any other provision in this section, and consistent with all applicable federal laws and regulations, the Director may deny without prejudice any application for a Zoning Clearance in connection with an eligible facilities request when the Director finds that the proposed modification or collocation:

(1) Does not meet the findings required in subsection I.2 of this section;

(2) Involves the replacement of the entire support structure; or

(3) Violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health or safety.

3. Conditional Approvals, Denials without Prejudice. Subject to any applicable federal or California laws, nothing in this section is intended to limit the review authority's ability to conditionally approve or deny without prejudice any application governed under this section as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the General Plan and any specific plan, the Development Code and/or this section.

4. Limited Exceptions. In the event that an applicant claims that strict compliance with the site location guidelines in subsection E of this section, the development standards in subsection F of this section or any applicable provisions in duly adopted wireless design guidelines would effectively prohibit the applicant's ability to provide personal wireless services, the Commission may grant a limited exception from such requirements to the extent necessary to prevent an effective prohibition when the Commission finds all the following:

a. The proposed wireless facility qualifies as a personal wireless service facility;

b. The applicant has provided the Commission with a reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility;

c. The applicant has provided the Commission with a written statement that contains a detailed and fact-specific explanation as to why the proposed wireless facility cannot be deployed in compliance with the applicable provisions in the General Plan and any specific plan, the Development Code and this section;

d. The applicant has provided the Commission with a meaningful comparative analysis with the factual reasons why all alternative locations and/or designs identified in the administrative record (whether suggested by the applicant, the City, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility;

e. The applicant has demonstrated to the Commission that the proposed location and design is the least noncompliant configuration that will reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed wireless facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive wireless facilities dispersed throughout the intended service area.

5. Appeals for Zoning Clearance, Zoning Use Permit or Conditional Use Permit. Except as modified in this subsection I.5, any interested person or entity may appeal any decision by the approval authority on a Zoning Clearance, Zoning Use Permit or Conditional Use Permit in accordance with the standards and procedures in LDC Chapter 9.15 (Appeals). A public hearing shall be held to consider and act on the application in accordance with the applicable provisions in the General Plan, any applicable specific plan, the Development Code and this section. Appeals from an approval will not be permitted to the extent that the appeal is based on environmental effects from RF emissions that comply with all applicable FCC regulations.

6. Appeals for Eligible Facilities Requests. The Director's written decision to deny without prejudice, or approve, an application for Zoning Clearance approval in connection with an eligible facilities request is final.

J. Standard Conditions of Approval.

1. Conditions Adopted by Council Resolution. The Council may, either on its own motion or upon a recommendation from the Director, adopt by resolution standard conditions of approval for wireless facilities. All wireless facilities, whether approved by the review authority or deemed approved or deemed granted by law shall be automatically subject to all such standard conditions of approval as may be adopted in a resolution by the Council.

2. Modifications to Standard Conditions. The review authority (or the appellate authority) shall have discretion to modify or amend any standard conditions of approval on a case-by-case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the General Plan and any specific plan, the Development Code and/or this section.

K. Temporary Wireless Facilities.

1. Non-Emergency Temporary Wireless Facilities. Except as provided in subsection K.2 of this section, the requirements, procedures and standards in this section shall be applicable to all applications for a Temporary Use Permit for a temporary wireless facility.

a. Administrative Review. A duly filed application shall be reviewed for completeness. After the Director deems the application complete, the Director shall review the application for conformance with the required findings and render a written decision to the applicant. Any denials must include the reasons for the denial. The review shall be administrative in nature and shall not require notice or a public hearing.

b. Required Findings. The Director may approve or conditionally approve a Temporary Use Permit for a temporary wireless facility only when the Director finds:

(1) The proposed temporary wireless facility will not exceed the overall zone height limit of the zoning district in which it is located;

(2) The proposed temporary wireless facility complies with all setback requirements applicable to the proposed location;

(3) The proposed temporary wireless facility will not involve any excavation or ground disturbance;

(4) The proposed temporary wireless facility will be compliant with all generally applicable public health and safety laws and regulations, which include without limitation maximum permissible exposure limits for human exposure to RF emissions established by the FCC;

(5) The proposed temporary wireless facility will not create any nuisance or violate any noise limits applicable to the proposed location;

(6) The proposed temporary wireless facility will be identified with a sign that clearly identifies the (A) site operator, (B) the operator's site identification name or number and (C) a working telephone number answered 24 hours per day, seven days per week by a live person who can exert powerdown control over the antennas;

(7) The proposed wireless temporary wireless facility will be removed within 30 days after the Director grants the temporary use permit, or such longer time as the Director finds reasonably related to the applicant's need or purpose for the temporary wireless facility (but in no case longer than one year); and

(8) The applicant has not been denied an approval for any permanent wireless facility in substantially the same location within the previous 365 days.

c. Appeals. The Director's written decision to deny or approve an application for a Temporary Use Permit for a temporary wireless facility in accordance with the standards and procedures within this section is final.

2. Emergency Temporary Wireless Facilities. Temporary wireless facilities may be placed and operated within the city without a Temporary Use Permit only when a duly authorized federal, State, county or city official declares an emergency within a region that includes the City in whole or in part. Any temporary wireless facilities placed must be removed within five days after the date the emergency is lifted. Any person or entity that places temporary wireless facilities must send a written notice that identifies the site location and person responsible for its operation to the Director as soon as reasonably practicable under the circumstances.

L. Abandonment or Discontinuation, Relocation.

1. Declaration of Abandonment or Discontinuation. To promote the public health, safety and welfare, the Director may declare a facility abandoned or discontinued when:

a. The permittee notifies the Director that it abandoned or discontinued the use of a facility for a continuous period of 90 calendar days; or

b. The permittee fails to respond within 30 calendar days to a written notice sent by certified U.S. mail, return receipt requested, from the Director that states the basis for the Director's belief that the facility has been abandoned or discontinued for a continuous period of 90 calendar days; or the permit expires in the case where the permittee has failed to file a timely application for renewal.

2. Post-Declaration Abandonment or Discontinuation Procedures. After the Director declares a facility abandoned or discontinued, the permittee shall have 90 calendar days from the date of the declaration (or longer time as the Director may approve in writing as reasonably necessary) to:

a. Reactivate the use of the abandoned or discontinued facility subject to the provisions of this section and all conditions of approval;

b. Transfer its rights to use the facility, subject to the provisions of this section and all conditions of approval, to another person or entity that immediately commences use of the abandoned or discontinued facility; or

c. Remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes consistent with the then-existing surrounding area.

3. Public Hearing Required. If the permittee fails to act within the prescribed time period, the Council may deem the facility abandoned at a noticed public hearing. The Director shall send written notice by certified U.S. mail, return receipt requested, to the last-known permittee or real property owner that provides 30 calendar days (or longer time as the Director may approve in writing as reasonably necessary) from the notice date to reactivate, transfer or remove the facility as provided in subsection L.2 of this section.

4. City Removal of Abandoned or Discontinued Facilities. If the permittee fails to act within the prescribed time period, the City may remove the abandoned facility, restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area, and repair any and all damage that occurred in connection with such removal and restoration work. The City may, but shall not be obligated to, store the removed facility or any part thereof, and may use, sell or otherwise dispose of it in any manner the City deems appropriate. The last-known permittee or its successor-in-interest and, if on private property, the real property owner shall be jointly and severally liable for all costs incurred by the City in connection with its removal, restoration, repair and storage, and shall promptly reimburse the City upon receipt of a written demand, including any interest on the balance owing at the maximum lawful rate. The City may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. Until the costs are paid in full, a lien shall be placed on the facility, all related personal property in connection with the facility and, if applicable, the real private property on which the facility was located for the full amount of all costs for removal, restoration, repair and storage. The City Clerk shall cause the lien to be recorded with the County of Contra Costa Recorder's Office. Within 60 calendar days after the lien amount is fully satisfied including costs and interest, the City Clerk shall cause the lien to be released with the County of Contra Costa Recorder's Office.

5. Relocation of Wireless Facilities in the Public Rights-of-Way. For wireless facilities located in the public rights-of-way, the City may require a permittee, at the permittee's sole expense, to relocate the permittee's wireless facility as the City deems necessary or appropriate in order to maintain or reconfigure any segment of the public right-of-way for other public projects or take any actions necessary to protect public health, safety or welfare.

(Ord. 1927 § 3 (Exh. A), 2011; Ord. 2077 § 1 (Exh. A))

LDC § 6.03.010. Agricultural Processing.

Agricultural processing plants, canneries, wineries, dairies and similar uses shall show, when required, that performance standards, as such may be reasonably determined by the Planning Commission, have been met, and waste disposal shall be controlled so as not to constitute a nuisance.

LDC § 6.03.020. Airports, Heliports, and Landing Strips.

A. Requirements. All airports, heliports, and landing strips (public or private) for aircrafts shall:

1. Be located with runways not closer than 600 feet from any barn or stable and no closer than 1,000 feet from any dwelling;

2. Provide runways so oriented that aircraft landing and taking off do not pass less than 500 feet directly over barns, stables, residential zones, or commercial zones;

3. Meet the standards of the Federal Aviation Administration for the particular class or field; and

4. Provide for approach hazard zones.

B. Nuisance mitigation. Airports, heliports, and landing strips shall be located so that neither air nor related surface traffic constitutes a nuisance to neighboring uses. The applicant shall demonstrate that adequate controls or measures will be taken to mitigate offensive bright lights, dust, noise, or vibration.

C. Not a nuisance. Heliports and landing strips shall not constitute a nuisance resulting from frequency and timing of flights, location of landing area, or departure and approach patterns that conflict with surrounding land uses.

Cardrooms, as defined in the Municipal Code, shall be permitted subject to LMC Chapter 5.20 and the following regulations:

A. Cardrooms shall be permitted as a conditional use in the CS zone or a planned development district based on the CS zone in compliance with LDC Chapter 9.03 (Conditional Use Permits).

B. Cardrooms shall not be located less than 1,000 feet, measured between property lines, from an existing public or private elementary, middle or high school or property designated for educational use in the General Plan.

C. Cardrooms shall not be located less than 1,000 feet, measured between property lines, from another cardroom.

D. Development shall conform to the site development standards of the zone in which the cardroom is proposed.

E. Cardrooms requesting expanded services as defined in the LMC Chapter 5.20 shall be subject to a Development Agreement, in compliance with LDC Chapter 9.04 (Development Agreements), in addition to a Conditional Use Permit. The Development Agreement shall provide the applicant assurance for the expanded services and require the applicant provide a public benefit.

F. Temporary fund-raising events by a nonprofit organization that involve card games shall not be subject to the regulations herein. Such events shall be considered a temporary and intermittent use as defined in LDC Section 9.09.050 (Allowed Temporary Uses) and shall be subject to the Temporary Use Permit in compliance with LDC Chapter 9.09 (Temporary Use Permits) and other applicable ordinances.

A. Cemeteries when permitted shall be developed in conformance with regulations for the zone in which they are located and the following additional regulations:

1. Minimum site area. 10 acres.

2. Access. Cemeteries shall have at least one entrance on a major street.

3. Screening. Cemeteries shall be screened with a six-foot-high screened chain-link fence or masonry wall in conformance with LDC Section 4.05.040 (Fences and Screening).

4. Front setback. Required street frontage yards shall be landscaped and permanently maintained. In no case shall a street frontage yard be less than 10 feet, zone regulations notwithstanding.

5. Crematories, columbaria and mausoleums shall be permitted as accessory uses to a cemetery.

a. Setbacks. For purposes of determining required setback for crematories, columbaria and mausoleums, all buildings shall be considered accessory buildings, except that no building having a height in excess of six feet shall be allowed within a required non-street frontage yard.

B. Mortuaries, to include crematories, when permitted shall be developed in conformance with regulations for the zone in which they are located and the following additional regulations:

1. Front setback. Within the CP, MFR and E zones, mortuaries must have frontage on, and access to a major street.

2. Access. In all cases mortuaries shall be approved only when it can be found that they will not generate traffic in a manner that will be detrimental to the area in which they are located or the movement of traffic on streets to which they have direct access.

A. Commercial amusement facilities. Commercial amusement centers or facilities and similar places of amusement or recreation, involving assemblages of people and automobiles, or where entertainers are provided, shall comply with the following requirements:

1. Setbacks. Minimum 20 feet from any property line and a minimum of 200 feet from any residential zone.

2. Fencing. A six-foot high solid fence or masonry wall shall be provided on all property lines abutting a residential zone, except in required front setback.

3. Performance standards. When required, the commercial amusement facility shall be able to show that performance standards have been met.

B. Golf courses and country clubs.

1. Setbacks. Buildings shall be set back a minimum of 200 feet from any property line.

2. Dining service facilities, such as restaurants and bars, are allowed when conducted and entered from within the building.

3. Accessory facilities, such as swimming pools, tennis courts, and similar accessory uses shall comply with the setback requirements established in LDC Section 4.02.030 (Accessory Structures).

C. Golf driving range.

1. Location. A golf driving range shall be located with reasonable access to streets, highways, or frontage roads.

2. Lighting. Flood lights used to illuminate such use shall be so directed downward and shielded so as not to be a nuisance to any residential property.

3. The golf driving platform shall be at least 200 feet from any residential zone or dwelling.

4. Golf driving range shall be designed to prevent golf balls from leaving the property.

5. Fencing and screening. Whenever such use is incorporated within or abuts any residential zone, protective fencing or shielding may be required.

Repealed by Ord. 2176, 7/14/2025.

LDC § 6.03.070. (Reserved)

Repealed by Ord. 2176, 7/14/2025.

LDC § 6.03.080. (Reserved)

Repealed by Ord. 2176, 7/14/2025.

LDC § 6.03.090. Outdoor Sales Display.

A. Purpose. The purpose of the regulations and standards in this section is to provide consistent screening and surfacing standards for sales display of vehicles, equipment, products, and materials.

B. Applicability. Outdoor sales display areas shall be permitted in any commercial or industrial district, except the Commercial Office (CO), subject to the following requirements.

C. General.

1. A staff-level Site Plan Approval or amendment shall be required prior to the establishment of any outdoor sales display area.

2. Outdoor sales display areas may be located within a maximum of 10% of a street frontage yard; provided, that a landscaped strip six feet in width is maintained between the street right-of-way and the display area.

3. Outdoor sales display areas shall not be located within a non-street frontage yard if the parcel abuts an R zone, or PD or OS zone designated for future residential use in the General Plan.

D. Screening.

1. Outdoor sales display areas shall be screened from view by a masonry wall where the side or rear property line of the display area abuts an R zone, or PD or OS zone designated for future residential use in the General Plan. Walls or fences shall not exceed eight feet in height. No sales display may exceed the height of the screening wall or fence.

2. If a screening fence or wall is located on the property line, no additional fence or wall is needed to screen an outdoor sales display area, provided the sales display does not exceed the height of and is not visible behind the fence or wall on the property line.

E. Landscaping. For permanent display areas, a five-foot wide landscaped area shall be provided at all perimeters of the outdoor display area, with ground cover, shrubs, and trees.

F. Lighting.

1. Any lighting used to illuminate an outdoor sales display area shall be directed downward and shielded so as not to produce off-site glare.

2. Lighting of outdoor display areas shall conform to the requirements of the building security regulations contained in LMC Section 15.18.120.

A. Purpose. The purpose of the regulations and standards in this section is to provide consistent screening and surfacing standards for outdoor storage, where allowed by Part 3 (Specific to Zones).

B. Screening. Screening shall be in compliance with LDC Section 4.05.040 (Fences and Screening), with the following exceptions:

1. Public streets and publicly accessible areas.

a. Outdoor storage shall not be visible from any:

(1) Public street or freeway;

(2) Existing or planned residential area;

(3) Publicly accessible open space area, parking area, access driveway, or other similar thoroughfare;

(4) Publicly accessible space of any public, quasi-public, commercial or industrial use; or

(5) Undeveloped property where public access to areas adjoining the outdoor storage use is likely.

b. The following minimum screening requirements shall apply to outdoor storage adjacent to or potentially visible from public streets and publicly accessible areas identified in subsection B.1.a, above:

(1) A solid masonry wall not less than eight feet high across the street frontage (but not within the street frontage yard), continuing back along the side of the property to a point equal to the building setback of any adjacent use;

(2) Screening landscaping in the street frontage yard, located in front of the masonry wall but behind a curb (or other protective device), to soften the view of the wall;

(3) Screening landscaping shall include fast-growing, wide-spreading trees planted and irrigated at an average spacing of 40 feet on center, clustered at appropriate locations to intensify the screening effect;

(4) A solid masonry wall not less than eight feet in height along all other property frontages identified in subsection B.1.a, above.

2. Other areas. Outdoor storage not adjacent to or potentially visible from public streets or publicly accessible areas identified in subsection B.1.a, above shall install chain-link fencing screened with either slats or vinyl covering.

3. General screening requirements.

a. No storage may exceed the height of the screening wall or fence. Walls or fences shall not exceed 15 feet in height.

b. No screening wall or fence shall be located within a required street frontage yard.

c. Screening walls and fences shall be architecturally compatible with the main structure. Any necessary openings shall be opaque in appearance.

C. Surfacing. Outdoor storage areas shall be graded and drain all surface water accumulated within the area to a public storm drain. No specific surfacing treatment is required. Outdoor storage areas may be surfaced with partially permeable materials if adequate drainage and erosion and dust control are provided. Unpaved outdoor storage areas are not subject to the parking lot landscaping requirements contained in LDC Chapter 4.05 (Landscaping Standards).

D. Lighting. Any lighting used to illuminate an outdoor storage area shall be directed downward and shielded so as not to produce any off-site glare.

E. Shipping containers. The use of shipping containers qualifies as outdoor storage and shall only be permitted in zoning districts in which outdoor storage is a permitted or conditional use. The shipping containers are subject to all of the standards and regulations for outdoor storage as found in this section.

F. Exemptions. The following uses are exempt (i.e., are not considered outdoor storage):

1. Fleet vehicles; and

2. Car dealer inventory.

A. All facilities, except when developed in the CNB zone, shall be located not less than 20 feet from side lot lines, and lot less than 20 feet from the rear lot line.

B. Facilities shall be located with ready access to a major street or frontage road, or be able to provide access without causing heavy traffic on a local residential street.

C. No facilities shall be allowed to indicate any external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building.

D. Fencing and screening. A six-foot high masonry wall shall be provided on all property lines in conformance with LDC Section 4.05.040 (Fences and Screening).

Repealed by Ord. 2176, 7/14/2025.

(Ord. 2070 § 3 (Exh. B), 2018; Ord. 2082 § 2(V), 2019)

LDC § 6.03.130. Solid Waste and Recycling Container Enclosures.

A. Purpose. The purpose of this section is to implement California Solid Waste and Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911) by providing safe areas and facilities for solid waste, recyclable materials and compostable material enclosures.

B. Enclosure facilities required.

1. The owner or occupant of land or buildings used for any purpose shall provide the enclosure facilities as required by and in conformity with regulations set forth in this section. Any new, enlarged, or relocated enclosure must meet requirements of the Livermore Municipal Code, Development Code, and Design Standards and Guidelines. Any existing legal nonconforming enclosure shall be modified to meet current standards if:

a. There are building additions to any building on the property, even if the enclosure is not proposed for modification.

b. Significant exterior remodel (e.g., excluding painting and signs) to more than 50% of any building on the property, even if the enclosure is not proposed for modification.

c. If the enclosure is required by the Building Code or County health regulations to be retrofitted because of a change of use (e.g., if use is changing to a restaurant then it may require hot and cold water and sanitary drain in enclosure area).

2. The Community Development Director may grant exception from specific standards if the enclosure cannot meet standards because of site constraints. The required enclosure facilities are as follows:

a. Single-family premises or multifamily premises of four units or less. No enclosure structure shall be required; however, containers for recyclable materials, compostable materials and solid waste shall be stored in such a manner that containers are screened from public view from the front of the property. Recyclable materials, compostable materials and solid waste containers may be placed in public view for purposes of collection in compliance with Chapter 8.08 LMC.

b. Multifamily uses of five or more units, and all commercial, institutional and industrial uses shall provide adequate and accessible space for the storage of recyclable materials and compostable materials, in addition to the requirement that solid waste be stored in proper containers as specified in Chapter 8.08 LMC. The design, construction and accessibility of enclosures shall conform to the requirements in this chapter.

C. Procedures. Plans submitted to the Building Division for issuance of a building permit shall be referred to the Planning Division and the Public Works Department for review and approval of the proposed design, size, and location of recyclable materials, compostable materials and solid waste enclosures, and the number, type and placement of containers. The Planning Division shall assure plans conform to city enclosure design and construction requirements. Plans shall also conform to design review and Building Code requirements. The Community Development Director may approve such plans, require modifications, or may impose additional requirements necessary for the safe and efficient collection of solid waste, compostable materials and recyclable materials.

D. Enclosure design and construction requirements. Recyclable materials, compostable materials and solid waste enclosures shall be adequate in capacity, number and distribution to serve the existing and future occupants of the premises. An adequate number of containers shall be supplied for each enclosure, as determined by the Community Development Director.

1. Container Enclosures. Each recyclable materials, compostable materials and solid waste container enclosure shall be enclosed on four sides, one of which shall include a solid door, unless the containers are stored within a legally approved building. The enclosure shall fully screen solid waste, compostable materials and recyclable materials containers and materials from public view.

2. Maintenance and Cleaning. Maintenance and cleaning of each recyclable materials, compostable materials and solid waste enclosure is the responsibility of the occupant or owner of the premises. Recyclable materials, compostable materials and solid waste enclosures shall be maintained in the condition in which they were approved.

3. Location.

a. Any recyclable materials, compostable materials and solid waste enclosure areas shall be located so they are convenient and accessible to persons placing materials in containers as well as the franchisee which collects the recyclable materials, compostable materials, and solid waste. Recyclable materials, compostable materials and solid waste containers shall normally be located in the same enclosure unless special circumstances require otherwise. Such determination shall be the discretion of the Public Works Director.

b. Enclosures and containers shall not be located in any required parking or required setback area and shall be located to blend with the building and site architecture and design. Enclosures may be located in nonsetback landscaped areas at the discretion of the Community Development Director.

c. Enclosures on multifamily premises shall be no greater than 250 feet from the nearest point of each unit, unless otherwise authorized by the Community Development Director.

d. Interior building space may be used in order to meet the intent of the enclosure requirements of this section under the following conditions:

(1) The requirements for an interior building space shall be equivalent to those required for exterior enclosure facilities under provisions of this section and the Americans with Disabilities Act Standards for Accessible Design.

(2) Multistory buildings with chute systems shall have the capacity to handle equal amounts by volume of solid waste, recyclable materials, and compostable materials. Any chutes shall be separate, dedicated, and properly labeled for each material type (e.g., recyclable materials, compostable materials, and solid waste). Chute systems shall be designed for equal convenience to all users including access for users on the first floor.

(A) The center of each chute shall be a minimum of six and one-half feet from the center of each other chute.

(B) Every chute shall be lined with galvanized steel on all of its sides and on the inside of all its doors.

(C) Maintenance and cleaning of each chute is the responsibility of the occupant or owner of the premises. Recyclable materials, compostable materials, and solid waste chutes shall be maintained in the condition in which they were approved.

4. Enclosure Construction Materials. Minimum requirements for construction materials may be found in the City's Design Standards and Guidelines or applicable specific plan design standards and guidelines.

5. Development Standards.

a. The wall height of recyclable materials, compostable materials and solid waste enclosures shall be a minimum of five feet and maximum of 10 feet but shall be tall enough to ensure no materials or containers are visible from public view. A minimum of 10 feet of vertical clearance is required if the enclosure has a roof. The maximum height of recyclable materials, compostable materials, and solid waste enclosures shall be 15 feet to the top of the roof.

b. In residential land use areas as designated in the City's General Plan, enclosure(s) shall be able to accommodate one four-cubic-yard bin and two 96-gallon carts. A six-inch curb shall be provided inside the enclosure to protect the enclosure walls. All gates shall be hinged on the outside with cane bolts to hold the gates open.

c. In commercial, industrial and public land-use areas as designated in the City's General Plan, enclosure(s) shall be able to accommodate two seven-cubic-yard bins and three 96-gallon carts and shall be a minimum of 10 feet by 18 feet in dimension. A six-inch curb shall be provided inside the enclosure to protect the enclosure walls. All gates shall be hinged on the outside with cane bolts to hold the gates open. Four-inch bollards shall be placed on each side of all gates.

d. If a water supply is required in the area for washing (per Health Department requirements or otherwise), a drain to the sanitary sewer that discharges through an oil-water separator must be installed in the enclosure. Compactors for solid waste and compostable materials must have a drain to the sanitary sewer with an approved oil and grease separator but may be uncovered provided the area around the compactor slopes away from the drain. Any water or utility lines must be protected from damage by the franchisee vehicles, bins, and containers using bollards or another acceptable buffer.

e. All activities associated with container enclosure facilities shall be in compliance with LMC Section 15.06.210 (CFC Section 903.2 amended – Automatic Sprinkler Systems).

6. Vehicle Access. Franchisee collection vehicle access requirements to the enclosures are as follows:

a. Driveways or travel aisles leading to enclosures shall be a minimum of 16 feet in width.

b. Where driveways do not extend from street to street, a turnaround area for collection vehicles shall be provided.

c. Driveways or travel aisles shall provide unobstructed access for collection vehicles and provide a minimum of 15 feet vertical clearance. In loading areas, the minimum overhead vertical clearance shall be 22 feet for loading operations. More clearance may be needed if located underground.

d. A concrete pad shall be constructed in front of each enclosure of such dimensions and orientation to allow collection vehicles to rest on the pad when loading and unloading bins and containers to prevent damage to paved surfaces.

(1) The pad shall have level surface (no slope) where roll-out bins and containers are used.

(2) Paving material for the pad shall consist of a five-inch aggregate base material and six inches of Portland cement paving or equivalent materials approved by the Director.

e. Containers housed in an interior building space must be easily accessible for collection by the franchisee. To the extent feasible, an interior enclosure shall be located on an exterior wall of the building with an adequately sized door or gate access to the street or interior parking lot drive aisle so as to minimize distance for the collection vehicle personnel and eliminate temporary outdoor storage of containers on collection days. The pathway of the containers shall be a minimum of eight feet from any parking space.

f. If the enclosure will serve a food cooking business, extra space should be designed for the storage of tallow bins. Stored tallow bins shall not block the franchisee's vehicle access to recyclable materials, compostable materials, and solid waste.

7. Other General Provisions.

a. This section shall apply to recyclable materials, compostable materials and solid waste containers not accessible to the general public used exclusively by commercial, industrial, institutional, or multifamily premises for its recyclable materials, compostable materials and solid waste program.

b. This section shall not apply to retail or wholesale certified recyclers or processors.

c. All activities associated with container enclosure facilities shall be in compliance with Chapter 8.08 LMC, Article VIII (Container Enclosure Facilities).

d. A written signed agreement between the business and franchisee for collection of materials from interior building space is required. Proof of signed agreement shall be provided to the Community Development Director and Public Works Director prior to issuance of a certificate of occupancy for new construction, tenant improvements, and/or the issuance of zoning approval for a use at a particular location.

(Ord. 2082 § 2(W), 2019; Ord. 2119 § 1, 2020)

Subdivision sales office, equipment and material yard, and other appurtenant uses shall be located within the subdivision or building site to which they are appurtenant upon issuance of all required permits for construction of such use. A Zoning Use Permit may be granted for a period not to exceed one year. Subsequent applications for continued use may be approved or be denied when it is determined by the Director that the uses are no longer appurtenant to the tract in which they are located. Only sales of homes within the subdivision shall be permitted in a subdivision sales office.

As defined in Part 12 (Definitions) are prohibited.

(Ord. 2178, 7/14/2025)

LDC § 6.03.160. Vehicle Services (Repair Garages, Service Stations and Private Fuel Stations).

A. Auto repair garages.

1. Shall be entirely enclosed within a building.

2. Shall provide off-street parking so that all vehicles under repair shall be parked on the property.

B. Auto service stations.

1. No automotive service station structure, equipment or apparatus shall be permitted within 25 feet of any residential zone.

2. Each automotive service station shall provide, except in required front yards, a six-foot high masonry wall and 25 foot wide landscaped strip on property lines that abut a residential zone.

3. Automotive service stations may be authorized in conjunction with a permitted or conditionally permitted commercial or industrial use, if all of the following findings can be made:

a. Traffic generation, fumes, noise, light and glare, and similar effects generally associated with automotive service stations will not be detrimental to adjacent residential areas, if applicable.

b. The use is compatible with the site size, shape, design, access, on-site circulation, required parking and is restricted to minimize conflicts with public access, public safety, or adjoining properties.

c. The proposed use, site, and architecture promote a design consistent with and appropriate for the location, and consistent with the City's Design Standards and Guidelines.

4. Auto service stations shall be consistent with the standards set forth in LDC Section 6.02.040 (Hazardous Materials).

C. Fuel station – private.

1. Authorization. Private fuel stations may be authorized as an accessory use for any business or public activity in any zone with a Zoning Use Permit.

2. The review authority shall make all of the following findings:

a. The fuel station conforms to the requirements of LDC Section 6.02.040 (Hazardous Materials) regarding the use and storage of hazardous materials;

b. Location requirements.

(1) The use is compatible with the site size, shape, design, access, on-site circulation, and required parking; and

(2) The use is restricted to minimize conflicts with public access, public safety, or adjoining properties.