§ 29.70

The use of a hazardous materials storage facility is limited to the storage, decanting and dispensing of hazardous materials. No other storage or manufacturing activities are allowed.

(Ord. No. 1316, § 4.70.030, 6-7-76; Ord. No. 1630, 11-19-84)

The zoning approval for the storage of hazardous materials shall be revoked if the storage area is used for anything other than the storage of hazardous materials under a valid hazardous materials storage permit, as provided by section 29.20.310.

(Ord. No. 1316, § 4.70.040, 6-7-76; Ord. No. 1630, 11-19-84)

Sec. 29.70.030. - Expiration.

The zoning approval expires automatically if the use of the facility for the storage of hazardous materials is abandoned or if a new business entity which involves a change in use occupies the premises.

(Ord. No. 1316, § 4.70.050, 6-7-76; Ord. No. 1630, 11-19-84)

Secs. 29.70.035—29.70.095. - Reserved.

DIVISION 2. - LM OR COMMERCIAL-INDUSTRIAL ZONE

The LM or commercial-industrial zone is intended for small scale light industrial, repair and service-oriented activities that provide services to Town residents in addition to retailing, service and administrative activities.

(Ord. No. 1316, § 4.72.010, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1735, 9-21-87)

Sec. 29.70.100. - Permitted uses.

(a)

Activities allowed in the LM or commercial-industrial zone are those service-oriented and light industrial uses which may be inappropriate in a general commercial zone and which are in the following categories:

(1)

Retailing, including formula retail up to ten thousand (10,000) square feet.

(2)

Personal service businesses.

(3)

Service businesses necessary for the conduct of households or businesses.

(4)

Office activities approved on or before July 1, 1982; provided, that no change of use to office shall be permitted in the LM zone.

(5)

Limited manufacturing.

(6)

Wholesaling and warehousing.

(7)

Group classes.

(8)

Specialty food retail without alcoholic beverages.

(b)

Examples of proper LM activities are plumbing, heating and electrical contracting, equipment repair, laundry and dry-cleaning plants, paint supplies, janitorial services, and towing businesses. Examples of activities which are not proper in the LM zone are large scale light industrial activity, professional or medical offices and general business offices.

(c)

Retail sales of firearms, ammunition and/or destructive devices are subject to the following:

(1)

Retail sales of firearms, ammunition and/or destructive devices may be allowed in the LM zone with a conditional use permit subject to all of the restrictions and requirements set forth in this chapter and sections 14.130.010 through 14.130.075 of the Town Code. However, retail sales of firearms, ammunition and/or destructive devices shall not be permitted within two hundred fifty (250) feet of:

a.

Any premises occupied by a public or private day care center, day care home, nursery school, elementary, junior high, middle, or high school, or any other youth educational institution whether public or private.

b.

Any premises occupied by a government building, place of worship, public park or public trail.

c.

Any premises occupied by a business which is primarily engaged in providing activities or instruction to persons under the age of eighteen (18) not listed in section a. above, existing prior to November 6, 2013.

(2)

All distances referred to in this section shall be measured between the closest points on the exterior property lines or area boundaries of the real property involved, except when the applicant proposes to occupy one (1) unit of a multi-unit structure located on a single parcel, where distances shall be measured from the exterior boundaries of the unit so occupied.

(Ord. No. 1316, § 4.72.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1546, 8-16-82; Ord. No. 1735, 9-2187; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2233, § I(Exh. A), 8-5-14; Ord. No. 2304, § II, 2-18-20; Ord. No. 2342, § XVIII, 8-1-23)

Sec. 29.70.115. - Conditional use permit.

In addition to the activities authorized by section 29.70.110, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.72.030, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.70.120. - Area and width.

The minimum lot area in a LM or commercial-industrial zone is eight thousand (8,000) square feet; and the minimum lot width is fifty (50) feet.

(Ord. No. 1316, § 4.72.050, 6-7-76)

Sec. 29.70.125. - Yards.

Minimum front, side and rear yards in a LM or commercial-industrial zone shall be as follows:

(5)

The following minimum yard requirements apply along those property lines of a lot in the LM zone which abut or are across the street from a lot in a residential zone:

a.

Front .....25 feet

b.

Side abutting street .....15 feet

c.

Side or rear .....20 feet

Plus one (1) foot for each foot of building height over twenty (20) feet. A six-foot high masonry wall is required along the property line.

(Ord. No. 1316, § 4.72.070, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77)

Sec. 29.70.130. - Height.

The maximum height of any building in a LM or commercial-industrial zone is thirty-five (35) feet.

(Ord. No. 1316, § 4.72.080, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.70.135. - Lot area coverage.

Maximum building coverage of a lot in a LM or commercial-industrial zone, including any type of accessory building, is fifty (50) percent.

(Ord. No. 1316, § 4.72.090, 6-7-76; Ord. No. 1337, 11-1-76)

Secs. 29.70.140—29.70.210. - Reserved.

DIVISION 3. - CM OR CONTROLLED-MANUFACTURING ZONE

Sec. 29.70.215. - Intent.

The CM or controlled-manufacturing zone provides for light industry compatible with neighboring uses.

(Ord. No. 1316, § 4.74.010, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.70.220. - Permitted uses.

(a)

Activities allowed in the CM or controlled-manufacturing zone must be those which would not

unreasonably interfere with residential uses in the vicinity or other activities within the CM zone and which are in the following categories:

(1)

Activities involving controlled manufacturing, research and development, wholesaling, warehousing, and other light industrial uses.

(2)

Sales to the ultimate consumer of articles manufactured on the premises to the customer's order.

(3)

Professional and administrative offices.

(4)

Emergency shelters as defined by Health and Safety Code section 50801 and consistent with the following defined operational standards:

a.

Twenty (20) or fewer beds;

b.

Six (6) or fewer administrative staff members or employees;

c.

Operating hours limited from 5:00 p.m. to 9:00 a.m. daily;

d.

Conforming to all applicable building and housing codes, as determined by the Building Official.

(b)

Examples of activities which are not proper in the CM zone are retailing except articles manufactured and sold as provided in subsection (2), personal services, and vehicle sales and service.

(Ord. No. 1316, § 4.74.020, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1793, § I(4.74.020), 7-17-89; Ord. No. 1952, § V, 8-2-93; Ord. No. 2222, § II(Exh. A), 10-21-13)

Sec. 29.70.225. - Conditional uses.

In addition to the activities authorized by section 29.70.220, the activities listed in the table in section 29.20.185 are allowed if a conditional use permit is issued.

(Ord. No. 1316, § 4.74.030, 6-7-76; Ord. No. 1363, 8-1-77)

Sec. 29.70.230. - Area.

The minimum lot area in a CM or controlled-manufacturing zone is forty thousand (40,000) square feet.

(Ord. No. 1316, § 4.74.050, 6-7-76; Ord. No. 1328, 8-2-76)

Sec. 29.70.235. - Yards.

Minimum front, side and rear yards in a CM or controlled-manufacturing zone shall be as follows:

(4)

A six-foot high masonry wall is required along any property line which abuts a lot in a residential zone.

(Ord. No. 1316, § 4.74.060, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77)

Sec. 29.70.240. - Height.

The maximum height of any building in a CM or controlled-manufacturing zone is thirty-five (35) feet.

(Ord. No. 1316, § 4.74.070, 6-7-76; Ord. No. 1337, 11-1-76)

Sec. 29.70.245. - Lot area coverage.

Maximum building coverage of a lot in a CM or controlled-manufacturing zone, including any type of accessory building, is fifty (50) percent.

(Ord. No. 1316, § 4.74.080, 6-7-76; Ord. No. 1337, 11-1-76)

ARTICLE VIII. - OVERLAY ZONES AND HISTORIC PRESERVATION DIVISION 1. - GENERALLY

Sec. 29.80.010. - Scope.

Overlay zones are the PD or planned development overlay zone, LHP or landmark and historic preservation overlay zone and PS or public school overlay zones. The zone with which an overlay zone is combined is called the underlying zone.

(Ord. No. 1316, § 4.80.010, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1344, 1-17-77; Ord. No. 1452, 12-1779; Ord. No. 1571, 3-7-83)

Secs. 29.80.015—29.80.070. - Reserved. DIVISION 2. - PLANNED DEVELOPMENT OVERLAY ZONE[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 2273, § I, adopted May 1, 2018, repealed the former div. 2 §§ 29.80.075— 29.80.145, and enacted a new div. 2 as set out herein. The former div. 2 pertained to similar subject matter and derived from Ord. No. 1316, §§ 4.82.010—4.82.150, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1363, 8- 1-77; Ord. No. 1500, 5-18-81; Ord. No. 1838, §§ III, IV, 11-5-90; Ord. No. 1942, § I, 5-17-93.

Sec. 29.80.075. - Purpose and intent.

As more specifically provided in section 29.80.080(b), the purpose and intent of the planned development overlay zone (PD) is to preserve, enhance, and/or promote:

(1)

The Town's natural and historic resources;

(2)

The production of affordable housing;

(3)

The maximization of open space; and/or

(4)

A project that provides a public benefit to the citizens of the Town.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.080. - Limitations on use of a planned development.

(a)

The PD overlay is not intended for:

(1)

Uses inconsistent with the general plan;

(2)

Proposed development that is reasonably feasible under the existing Town Code; or

(3)

A deviation of standards applicable to similar types of development.

(b)

An application for a PD shall only be considered by the recommending and deciding bodies if it meets the purpose and intent of this division, and meets one (1) or more of the following criteria:

(1)

A project that provides a public benefit to the citizens of the Town.

(2)

Property that is designated within the Hillside Development Standards and Guidelines Area Map.

(3)

Property that has a historical designation or is within a Landmark Historic Preservation (LHP) Overlay Zone.

(4)

Property with a tree or "stand of trees" that is unique, historical, ecological, or of aesthetic value, as determined according to standards set forth in the Town's Tree Protection Ordinance.

(5)

Property that contains a stream, channel, or creek that supports or has supported riparian vegetation, fish, and/or aquatic life as further defined in the guidelines and standards for land use near streams.

(6)

A property with a geological hazard or within a fault zone.

(7)

A property being considered for affordable housing as defined in the Town's adopted and certified housing element.

(8)

A property being considered for a use or combination of uses not allowed in the Town's existing zoning districts.

(9)

A property being considered for the creative use of the site consistent with the base zoning district.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.085. - Relationship of planned developments to other adopted land use documents.

The planned development overlay shall not be used to deviate from general plan provisions, guidelines adopted by the Town Council, the standards contained in any existing land use regulation, or any other provision of the Town Code otherwise applicable to the property except as otherwise provided in section 29.80.095(4).

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.090. - Requirements.

The PD application shall include text and plans or diagrams that clearly demonstrate and specify all of the following:

(1)

Compliance with all sections of this division.

(2)

Conformity of the PD to the goals, policies, applicable land use designation(s) and standards of the general plan.

(3)

A plan or set of plans that identify characteristics existing on the property which warrant application of the PD overlay zone.

(4)

Proposed distribution, location and extent of the land uses on the site, including open space.

(5)

Proposed standards and criteria by which development will proceed, including standards for conservation, development and utilization of natural and/or historic resources.

(6)

Proposed deviations from the land use regulations and development standards applicable to the underlying zoning district(s).

(7)

Description of the public benefit of the proposal.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.095. - Findings.

The deciding body, on the basis of the totality of the evidence and testimony submitted at the hearing, may adopt a PD if all of the following findings can be made:

(1)

The proposed PD is in compliance with all sections of this division.

(2)

The proposed PD is in conformance with the goals, policies, and applicable land use designation(s) and standards of the Town's general plan.

(3)

The proposed PD is in conformance with all other applicable land use regulations, including but not limited to Town Council adopted guidelines, except as otherwise provided in section 29.80.095(4).

(4)

Any proposed use or development standards that deviate from the underlying zoning district(s) result in innovative and creative site planning to develop:

a.

Housing with a minimum of forty (40) percent of the units affordable to households of very low, low, or moderate income; or

b.

Mixed commercial, or mixed residential, or mixed commercial and residential development; or

c.

A development designed and sited to protect, preserve and enhance conservation and enrichment of hillsides, natural and/or historic resources, ridgelines, a tree or stand of trees, creek and riparian corridors, geologic hazard or fault zone, and open space; or

d.

A project that maximizes open space; or

e.

The proposed PD provides a public benefit to the citizens of the Town.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.100. - Phased development.

Proposed phasing plans shall be reviewed and adopted by the Town Council only if each phase is selfsufficient and is not dependent on subsequent phases to fulfill infrastructure requirements and/or conditions of approval.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.105. - Dedication prior to issuance of first building permit.

Development rights for required open spaces shall be dedicated in advance of the issuance of any building permits.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.110. - Vested.

Failure to obtain building permits for the approved Planned Development within twenty-four (24) months from the date of approval will automatically void the PD ordinance, unless an extension of time has been granted by the Town Council for good cause shown.

(Ord. No. 2273, § I, 5-1-18)

Sec. 29.80.120. - Amendments to previously approved planned development.

Amendments to a PD approved both prior to and after the adoption of this division may only be considered under this division and its provisions and must meet the requirements set forth herein.

(Ord. No. 2273, § I, 5-1-18)

Secs. 29.80.125—29.80.210. - Reserved.

DIVISION 3. - HISTORIC PRESERVATION AND LHP OR LANDMARK AND HISTORIC PRESERVATION OVERLAY ZONE