Portola Municipal Code § 17.13.050 Classification of uses not specifically listed

The purpose of this chapter is to classify land uses according to use types on the basis of common functional, product, or compatibility characteristics.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A. Primary Uses. Primary uses shall be defined as either principal, conditional, or administrative uses. A principally permitted use is allowed in a zoning district and is subject to the restrictions applicable to that district. A conditionally permitted use is a use permitted in a particular zone district upon a showing that such use will comply with all the conditions and standards as specified in the zoning ordinance and authorized in the conditional use permit. Primary uses are established and regulated by this Article II.

B. Accessory Uses. Accessory uses are uses accessory and incidental to the primary use of a parcel and are regulated by Chapter 17.34 (Accessory Uses and Structures).

(Ord. 289 § 2 (Exh. A (part)), 2002)

All primary uses are classified into the following use types. The following primary use types are more fully described in Sections 17.13.060 through 17.13.110, inclusive.

A. Agricultural and Open Space Use Types.

Agricultural

Animal keeping

Resource protection and restoration

Resource related recreation

B. Civic Use Types.

Community assembly

Community services

Essential services

Hospital services

Intensive public facilities

Libraries and museums, private

Public parking services

Schools

College and University

Elementary and Secondary

Private Elementary and Secondary

Social services

C. Residential Use Types.

Accessory dwelling unit

Caretaker/Employee housing

Community care facility, small

Community care facility, large

Dwelling

Multi-family

Single-family

Two-family

Family day care home, small

Family day care home, large

Mobile home park

D. Commercial Use Types.

Adult business establishments

Animal sales and service

Grooming and pet stores

Kennels

Veterinary clinic

Veterinary hospital

Automotive and equipment

Automotive rentals

Automotive repairs

Automotive sales

Car wash and detailing

Commercial parking

Equipment rental and sales

Equipment repair

Gasoline sales

Banks and financial services

Bars and drinking places

Broadcasting and recording studios

Building material stores

Business support services

Commercial recreation

Amusement center

Indoor entertainment

Indoor sports and recreation

Outdoor entertainment

Outdoor sports and recreation

Residential recreation facilities

Community care facility

Day care centers

Eating and drinking establishments

Fast-food with drive-through

Convenience

Full-service

Food and beverage retail sales

Funeral and interment services

Lodging services

Long-term care facility

Maintenance and repair

Medical services

Neighborhood commercial

Nightclubs

Nursery, retail

Offices, professional

Personal services

Retail sales and services

Specialized education and training

Storage, personal storage facility

E. Industrial Use Types.

Equipment and materials storage yards

General industrial

Hazardous materials handling

Impound yards

Laundries, commercial

Light manufacturing

Printing and publishing

Recycling, scrap and dismantling

Enclosed

Unenclosed

Research services

Specialized industrial

Wholesale and distribution

Light

Heavy

F. Transportation and Communication Use Types.

Antennas and communications facilities

Developed lot

Undeveloped lot

Heliport

Intermodal facilities

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

The following rules shall apply where a use of a parcel resembles two or more different primary use types, and none of the uses are accessory uses regulated pursuant to Chapter 17.34 (Accessory Uses and Structures):

A. Separate Classifications of Multiple Establishments. If two or more individual establishments or businesses conduct separate primary uses on a single parcel, each use shall be considered a separate and distinct primary use of that parcel.

B. Separate Classification of Different Major Categories of Uses Conducted by Individual Establishment. If an individual establishment or business conducts more than one primary use, which use appears to fit under more than one different use type as described in this chapter, each primary use shall be considered a separate and distinct primary use; provided, however, when the primary uses have the characteristics of one of the following listed use types, all such primary uses shall be classified as one of the use types on the list:

1. General industrial;

2. Hazardous materials handling; or

3. Intensive public facilities.

If the primary uses resemble more than one of the use types on the above list, the uses shall be classified in the most appropriate use type, except that any industrial uses shall be classified within the hazardous materials handling use type if they so qualify under Section 17.13.100.C, Hazardous Materials Handling Use Type.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

If a proposed primary use is not specifically listed or identified as a use type in this Article II, the use shall not be allowed, except as follows:

A. The director may determine that a proposed use not listed is permitted if:

1. The common functional, product, or compatibility characteristics and activities associated with the proposed use are consistent with one of the use types identified in Chapter 17.13 listed as a permitted use type within the zoning district; and

2. The proposed use is compatible with the purpose of the zoning district that applies to the parcel; and

3. The proposed use will be consistent with the goals, objectives, and policies of the general plan.

B. If the director determines that an unlisted proposed use is encompassed within a listed use type, the proposed use shall be subject to the same use regulations as the listed use type.

C. The director may forward questions about permitted uses directly to the planning commission for an interpretation at a public hearing. The public hearing shall be scheduled as required in Chapter 17.91 for an appeal. The planning commission shall make a determination based on the criteria of Section 17.13.050.A as to which use type the proposed use fits into. The decision of the planning commission may be appealed to the council pursuant to Chapter 17.91.

D. The director shall maintain a written record of all such determinations.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Agriculture and open space use types include on-site structures, development, and management activities which are necessary to conduct agricultural operations and which are compatible with the protection and enhancement of open space resources. Specific agriculture and open space use types referred to in this title are:

A. Agricultural. Includes uses commonly associated with a farm or ranch for the production of grazing and feeding of livestock.

B. Animal Keeping. Includes the keeping, feeding or raising of common farm animals or small animal specialties as an avocation, hobby or school project in association with a residential use as may be permitted in Title 6 (Animals) of this code.

C. Resource Protection and Restoration. Includes activities and management of an area to preserve, recreate, and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, erosion control, and floodwater conveyance.

D. Resource Related Recreation. Includes facilities related to passive recreational use of open space areas including bike and pedestrian trails, picnic areas, parking areas, and interpretive centers.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Civic use types include governmental and quasi-governmental agencies providing utility, educational, cultural, major medical, protective, governmental, and other uses which are strongly vested with public or social importance. Specific civic use types referred to in this title are:

A. Community Assembly. Includes the activities typically performed by, or at, the following institutions or installations:

1. Churches, temples, synagogues, and other places of worship;

2. Public and private non-profit clubs, lodges, and meeting halls; and

3. Public community recreation facilities including community centers, amphitheaters, and museums.

B. Community Services. Includes uses provided by public agencies which are necessary to support the community's health, safety and welfare. Typical community services include:

1. Cemeteries;

2. City facilities (i.e., City Hall);

3. Community water storage, wells and associated treatment facilities;

4. Corporation yards, including storage, repair and processing of materials and equipment, and vehicles operated by governmental entities;

5. Detention basins;

6. Electrical substations (up to sixty kV);

7. Intermodal facilities;

8. Libraries;

9. Park and ride lots;

10. Police and fire stations (including antennas, antenna towers and communication facilities);

11. Post offices, excluding major processing centers;

12. Public parks and golf courses; and

13. Satellite government facilities.

C. Essential Services. Includes services which are necessary to support development and involve only minor structures such as bus stops, gas distribution pipelines, electrical distribution lines (up to and including sixty kV), utility poles, transformers (sixty kV or less), water and sanitary sewer, drainage facilities, communication facilities for community services provided by a public agency, and neighborhood parks, or specific services as may be needed to meet changing requirements in technical needs.

D. Hospital Services. Includes medical, or surgical services for sick or injured persons primarily on an in-patient basis, and includes accessory facilities for outpatient and emergency medical services, diagnostic services, training, research, administration, and services to patients, employees, or visitors. Services also include psychiatric services for persons primarily for outpatient and diagnostic services, training, research, administration, and services to patients, employees, or visitors.

E. Intensive Public Facilities. Includes public services and utilities that may be objectionable in certain locations due to production of offensive odors, dust, noise, bright lights, vibration, or the storage of hazardous materials or products. Typical uses are electric receiving stations (sixty kV to two hundred thirty kV), sanitary landfills, public airports and heliports, or correctional institutions.

F. Libraries and Museums, Private. Includes permanent, public, and quasi-public facilities generally of a noncommercial nature such as libraries, museums, and art exhibitions. Also includes historic sites and exhibits located in a public park.

G. Public Parking Services. Includes parking services involving facilities that are publicly owned or operated.

H. Schools.

1. Colleges and Universities. Includes community colleges, public or private colleges, universities, and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. Uses associated with colleges and universities may include activities conducted on school-owned property or non-school-owned property, so long as the use is approved by and associated with the college or university.

2. Elementary and Secondary. Includes public elementary, middle, junior high, and high schools serving grades K through twelfth. Uses associated with public elementary, middle, junior high, and high schools may include activities conducted on school-owned property or non-school-owned property, so long as the use is approved by and associated with the public elementary, middle, junior high, or high school.

3. Private Elementary and Secondary. Includes private and religious schools. It does not include schools included within the commercial, schools specialized education and training use type. Uses associated with private elementary and secondary schools may include activities conducted on school-owned property or non-school-owned property, so long as the use is approved by and associated with the private elementary or secondary school.

I. Social Services. Generally include those services which help people become more self-sufficient, prevent dependency, strengthen family relationships, and restore individuals, families, groups, or communities to successful social functioning.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Residential use types include the occupancy of living accommodations and includes uses which are typically associated with and provide support to residential areas, but excludes institutional living arrangements providing twenty-four hour skilled nursing or medical care and those providing forced residence, such as asylums and prisons. Specific residential use types referred to in this title are:

A. Accessory Dwelling Unit. Shall mean an attached or detached residential dwelling unit that is accessory to an existing legally established primary single-family residential dwelling, which provides complete independent living facilities for one or more persons and provides permanent provisions for living, sleeping, eating, cooking, and sanitation. It also includes an efficiency unit and a manufactured home as defined in the Health and Safety Code.

B. Caretaker/Employee Housing. Includes permanent or temporary housing that is secondary or accessory to the primary use of the property. Such housing is used for caretakers employed on the site of a non-residential use where a caretaker is needed for security or to provide twenty-four hour care or monitoring of facilities, equipment, or other conditions on the site.

C. Community Care Facility, Small. A facility, place, or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including but not limited to the physically handicapped, mentally impaired, incompetent persons, and abused or neglected persons, pursuant to Section 1502 of the California Health and Safety Code, as that section may be amended from time to time, and in which care is provided to six or fewer persons. Small community care facilities shall be licensed by the state department of social services.

D. Community Care Facility, Large. A facility, place, or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected persons, pursuant to Section 1502 of the California Health and Safety Code, as that section may be amended from time to time, and in which care is provided to no less than seven and no more than twelve persons. Large community care facilities shall be licensed by the state department of social services and are subject to an administrative permit in accordance with Section 17.48.

E. Dwelling. Includes a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long-term basis. Types of dwellings include single-family dwellings, duplexes, multi-family dwellings, mobile homes, condominiums, and townhouses, all of which are separately defined. Dwellings include supportive multi-family and single-family housing for the disabled.

1. Multi-family. Includes a building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord. Includes apartments, townhomes, triplexes and fourplexes, or similar use.

2. Single-family. Includes a detached building designed exclusively for occupancy by one family.

3. Two-family. Includes a duplex, or other buildings designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot.

F. Family Day Care Home, Small. Includes a private single-family dwelling where care, protection, and supervision of no more than eight minor children is provided for periods of less than twenty-four hours, or as "small family day care home" may otherwise be defined in section 1596.78 or elsewhere in Division 2 of the California Health and Safety Code, as it may be amended from time to time.

G. Family Day Care Home, Large. Includes a private single-family dwelling where care, protection, and supervision of no fewer than seven and no more than fourteen children are provided for periods of less than twenty-four hours or as "large family day care home" may otherwise be defined in section 1596.78 or elsewhere in Division 2 of the California Health and Safety Code, as it may be amended from time to time.

H. Mobile Home Park. Includes any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. (Also see Chapter 17.58.)

I. Short-Term Rental. The rental of a furnished single-family or individual multi-family dwelling, or a portion of a single-family or individual multi-family dwelling, on a temporary basis (thirty consecutive days or less) to guests as an alternative to a hotel or other traditional lodging. Commercial activities at the short-term rental are not allowed as part of the short-term rental. See Chapter 17.51, Short-Term Rentals.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Commercial use types include the distribution, sale, and rental of goods, and the provision of services other than those classified as civic or industrial use types. Specific commercial use types referred to in this title are:

A. Adult-Oriented Businesses. Include any adult arcade, adult bookstore, adult cabaret, adult hotel/motel, adult motion picture theater, adult theater or modeling studio as defined in Chapter 17.49. Any reference in this code to "adult business establishment" shall mean adult-oriented business, as provided herein.

B. Animal Sales and Services. Includes establishments primarily engaged in animal-related sales and services. The following are animal sales and services use types:

1. Grooming and pet stores. Includes grooming or selling of dogs, cats, and similar small animals with limited indoor boarding. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores.

2. Kennels. Includes indoor and outdoor kennel services for dogs, cats, and similar small animals. Typical uses include boarding kennels, pet motels, and dog training centers.

3. Veterinary clinic. Includes a fully enclosed veterinary facility containing only enough cage arrangements as are necessary to provide services for small animals requiring acute medical or surgical care, as well as boarding and grooming.

4. Veterinary hospital. Includes a veterinary facility conducted in an enclosed building and/or in the open that provides long-term medical care, boarding, and grooming.

C. Automotive and Equipment. Includes establishments primarily engaged in automotive-related or heavy equipment sales or services. The following are automotive and equipment use types:

1. Automotive rentals. Includes rental from the premises of automobiles, light trucks, and recreational vehicles. Typical uses include car rental agencies.

2. Automotive repairs. Includes repair of automobiles and the sale, installation, and servicing of automobile equipment and parts completely within an enclosed building, but excluding body repair and painting. Typical uses include muffler shops, automobile repair garages, automobile glass shops, and minor services including oil change, tune-up/lube shops, tire installation, and stereo and car accessory installation.

3. Automotive sales. Includes the sale, retail or wholesale, of automobiles, light trucks, boats, recreational vehicles, motorcycles, motor homes, and trailers together with associated enclosed repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies.

4. Car wash and detailing. Includes washing and polishing of automobiles. Typical uses include automobile detailing services and car washes.

5. Commercial parking. Includes parking of operable motor vehicles on a temporary basis within a privately owned off-street parking area with or without a fee. Typical uses include commercial parking lots and garages.

6. Heavy equipment rental and sales. Includes rental and sales of heavy equipment such as aircraft, trucks, tractor-trailer, semi-trucks, and heavy construction equipment.

7. Equipment repair. Includes repair of equipment such as aircraft, boats, recreational vehicles, and trucks; automobile body repair and painting; and the installation and servicing of tractor-trailer, semi-trucks, and heavy construction equipment.

8. Gasoline sales. Includes establishments primarily engaged in the retail sale, from the premises, of petroleum products with the incidental sale of tires, batteries, and replacement items, lubricating services, minor repair services and may include drive-through car washes, convenience eating places, and commercial uses. Typical uses include automobile service stations, filling stations, and commercial uses with gas sales.

D. Banks and Financial Services. Includes financial institutions including: banks and trust companies; lending and thrift institutions, credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding, (i.e., not predominantly operating) companies; and other investment companies. Automated teller machines (ATMs) located away from banks are included under the definition of "personal services."

E. Bars and Drinking Places. Includes establishments within a building where alcoholic beverages are sold for on-site consumption, which establishments are not part of a restaurant. Includes bars, taverns, pubs, brew pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.

F. Broadcasting and Recording Studios. Includes commercial and public communications uses including telegraph, telephone, radio and television broadcasting and receiving stations and studios, and television production and sound recording studios, with facilities entirely within buildings. Private transmission and receiving apparatus, such as towers, reflectors and antennas are included under the definition of "Antennas, Communications Facilities."

G. Building Material Stores. Includes retail establishments selling lumber (which may include the cutting of pre-cut lumber) and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, and lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "retail sales and services"). Includes all such stores selling to the general public, even if contractor sales account for a larger proportion of total sales.

H. Business Support Services. Includes establishments within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

1. Blueprinting;

2. Business equipment repair services, (except vehicle repair, see "automotive repair");

3. Commercial art and design (production);

4. Computer-related services (rental, repair, maintenance);

5. Equipment rental businesses within buildings;

6. Film processing laboratories;

7. Mail advertising services (reproduction and shipping);

8. Outdoor advertising services;

9. Photocopying; and

10. Photo-finishing.

I. Commercial Recreation. Includes establishments primarily engaged in the provision of sports, entertainment, or recreation for participants or spectators. The following are commercial recreation use types:

1. Amusement center. Includes public places of amusement or public places of business in which four or more coin-operated amusement devices are installed and includes any place open to the public, whether or not the primary use of the premises is devoted to the operation of such devices.

2. Indoor entertainment. Includes predominantly spectator uses conducted within an enclosed building, excluding uses classified under adult business establishments (see Chapter 17.49). Typical uses include motion picture theaters, and community assembly.

3. Indoor sports and recreation. Includes predominantly participant sports and health activities conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, indoor racquetball courts, soccer arenas, athletic clubs, and health clubs.

4. Outdoor entertainment. Includes predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include outdoor amphitheaters, concert halls and sports arenas.

5. Outdoor sports and recreation. Includes predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include amusement parks, driving ranges, miniature golf courses, golf courses, swimming pools, and tennis courts.

6. Residential recreation facilities. Includes predominantly participant sports which are normally associated with a country club, or are private residential community. Typical uses include country clubs, racquet clubs, golf courses, swimming pools, tennis courts, and other secondary uses including restaurants, and retail sales.

J. Community Care Facility. Includes a facility, place, or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected persons, pursuant to Section 1502 of the California Health and Safety Code, as that section may be amended from time to time. Community care facilities shall be licensed by the state department of social services. Typical uses include assisted living facilities and facilities licensed by the state department of social services. Does not include long-term care facilities.

K. Day Care Centers. Includes commercial or non-profit facilities that provide care, protection and supervision of thirteen or more minor children or adults in need of assistance for periods of less than twenty-four hours per day, typically while parents or family are working, and/or before or after daily attendance at an elementary school, as defined by Chapter 3.6 of the Health and Safety Code, commencing with Section 1597.30, includes preschools.

L. Eating and Drinking Establishments. Includes establishments primarily engaged in the sale of prepared food and beverages for on-premises consumption, but excludes those uses classified under the "bars and drinking places" and "nightclubs." Eating and drinking establishment use types include:

1. Fast-food with drive-through. Includes establishments primarily engaged in the preparation and retail sale of food and beverages at a walk up counter and at a drive-through window, and may include seating.

2. Convenience. Includes establishments primarily engaged in the preparation and retail sale of food and beverages, at a walk up counter and which does not include a drive-through or provide for ordering at the tables, if any. Typical uses include pizza parlors, ice cream parlors, and sandwich shops.

3. Full-Service. Includes establishments primarily engaged in the preparation and retail sale of food and beverages, where food is ordered and served at a table, and which may include sales of alcoholic beverages as an accessory or secondary service. Typical uses include full-service restaurants.

M. Food and Beverage Retail Sales. Includes establishments primarily engaged in the retail sale of food and beverages for home consumption. Typical uses include groceries, liquor stores, and delicatessens.

N. Funeral and Interment Services. Includes establishments primarily engaged in the provision of services involving the care, preparation, or disposition of human dead other than in cemeteries.

O. Lodging Services. Includes establishments primarily engaged in the provision of commercial lodging on a less than monthly basis to the general public. Lodging services includes incidental food, drink, and other sales and services intended for the convenience of guests. Typical uses include hotels and motels.

P. Long-Term Care Facility. Includes an institution or a portion of an institution that is licensed or approved to provide health care under medical supervision for twenty-four or more consecutive hours. Typical uses include extended care facilities, intermediate care facilities, skilled nursing facilities, hospices and other facilities licensed by the state department of health services.

Q. Maintenance and Repair. Includes all uses that provide maintenance and repair services for furniture, appliances and equipment normally used within a building. Typical uses include sewing machine and appliance repair.

R. Medical Services. Include establishments primarily engaged in the provision of personal health services on an outpatient basis ranging from prevention, diagnosis and treatment, or rehabilitation services provided by physicians, dentists, nurses, and other health personnel as well as the provision of medical testing and analysis-services, but excludes uses classified under any civic use type. Typical uses include medical offices, dental laboratories, medical laboratories, health maintenance organizations, immediate care facilities, and offices for physical therapists, chiropractors, and acupuncturists. Also may include establishments which provides services to persons on an outpatient basis for the treatment of controlled substances within the meaning of Health and Safety Code Section 11007 and Schedules I through V referred to therein, as amended from time to time. Services may include, but need not be limited to, the operation of a methadone program to the extent allowed by state law. Services to persons on an out-patient basis shall not be deemed to include the operation of a program providing counseling on an individual, family or group therapy basis, or offering other forms of non-residential psychological assistance, guidance or treatment for chemical dependency.

S. Neighborhood Commercial. Includes establishments primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within a reasonable walking distance. These uses are compatible with residential development due to low traffic and noise generation and include various retail sales and personal services of an appropriate size and scale to meet the above criteria. Typical uses include neighborhood grocery stores, drug stores, beauty salons, and offices, but do not include drive-through restaurants, bars and drinking places, or liquor stores.

T. Nightclubs. Includes establishments or places of entertainment within a building, open primarily at night, usually but not necessarily serving alcohol, and providing a stage or floor show or amplified live or recorded music, and space for spectators either standing or sitting, and/or dancing. Excludes uses classified under Chapter 17.49, Adult Business Establishments. Additional requirements are contained in Chapter 17.49.

U. Nursery, Retail. Includes establishments primarily engaged in the sale of nursery goods, landscaping materials, chips, rocks, sand, soil and merchandise. This use type is typically conducted primarily outdoors. The sale of nursery goods, landscaping materials, chips, rocks, sand, soil and merchandise indoors is permitted under retail sales and services.

V. Offices, Professional. Includes professional or government offices including:

1. Accounting, auditing and bookkeeping services;

2. Advertising agencies;

3. Architectural, engineering, and surveying services;

4. Attorneys;

5. Computer software designers;

6. Court reporting services;

7. Data processing and computer services;

8. Detective agencies and similar services;

9. Secretarial and word processing services;

10. Government offices including agency and administrative office facilities;

11. Insurance agencies;

12. Management, public relations and consulting services;

13. Real estate agencies; and

14. Writers and artists offices outside the home.

W. Outdoor Storage. Means the physical presence of any personal property not fully enclosed within a structure that is not necessarily and customarily associated with the primary use of the lot. Refer to Chapter 17.34, Accessory uses, Section 17.34.020.C.

X. Open Air Vending. Means selling, vending, supplying, or providing any goods, wares, merchandise, produce, prepared food, fresh cut flowers or plants, crafts or any other items determined by the city managers or his or her designee to be consistent with this type of use, from an open air vending facility. Refer to Chapter 17.50, Open Air Vending.

Y. Open Air Vending Facility. Means a location where one or more stand, cart, pushcart, vehicle, truck, trailer, wagon, bicycle, or structure on wheels, of any type, or similar structure not firmly fixed to a permanent foundation, can operate for open air vending. Refer to Chapter 17.50, Open Air Vending.

Z. Open Air Vendor. Means open air vending from a stand, cart, pushcart, vehicle, truck, trailer, wagon, bicycle, or structure on wheels, of any type, or similar structure not firmly fixed to a permanent foundation.

AA. Personal Services. Includes establishments primarily engaged in the provision of personal improvement or appearance, and similar non-business related or nonprofessional services, but excludes services classified under other use types. Typical uses include barber shops, beauty salons, tailors, shoe repair shops, massage therapist, tattoo studios, and dry cleaning pick up stations.

BB. Retail Sales and Services. Includes establishments primarily engaged in the sale of goods and merchandise, but excludes those classified under animal sales and services, automotive and equipment, business support services, building materials stores, neighborhood commercial services, food and beverage retail sales, and gasoline sales. Typical uses include:

1. Auto parts;

2. Bakeries, retail;

3. Bicycle sales;

4. Department stores;

5. Drug and discount stores;

6. Furniture stores;

7. Hardware;

8. Orthopedic supplies;

9. Photography studios;

10. Self-service laundries/dry cleaning stores; and

11. Sporting goods and equipment.

CC. Specialized Education and Training. Includes private establishments providing training or educational programs. Typical uses include vocational schools such as business, secretarial schools, and vocational schools offering specialized trade and commercial courses and establishments furnishing educational courses by mail. Facilities, institutions, and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples). Also includes specialized non-degree granting schools such as: music schools, dramatic schools, language schools, driver education schools, martial arts studios, ballet, and other dance studios.

DD. Storage, Personal Storage Facility. Includes a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces. This use type does not include the outdoor storage of boats, cars, recreational vehicles, or equipment, and does not include the rental of trucks or other equipment. (Also see Chapter 17.64.)

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)

Industrial use types include the on-site production and storage of goods, equipment and materials, including certain associated accessory uses. Specific industrial use types referred to in this title are:

A. Equipment and Materials Storage Yards. Includes all uses related to outdoor storage of large construction equipment or machinery, company vehicles, or large quantities of other materials. It does not include any of the commercial use types identified under "automotive and equipment." Typical uses include contractor's storage yards, and corporation yards.

B. General Industrial. Includes any manufacturing, processing, assembling, or fabrication of materials and products from raw materials, and also includes any industrial use involving an incinerator, blast furnace or other similar industrial process, including any industrial production conducted either wholly or partially outdoors. Typical uses include drum manufacturing and remanufacturing, batch plants, truss manufacturing, breweries, canneries and co-generation plants.

C. Hazardous Materials Handling. Includes all industrial uses engaged in the handling of substances subject to the maintenance of a "risk management prevention program" under California Health and Safety Code, Section 25534. Typical uses include semi-conductor manufacturing.

D. Impound Yards. Includes the storage of operable and inoperable vehicles for limited periods of time, within a secured enclosure. Does not include the dismantling of wrecked or inoperable vehicles which is "recycling, scrap and dismantling."

E. Laundries, Commercial. Includes establishments primarily engaged in high volume laundry and garment services, including family and commercial laundries, garment pressing and dry cleaning, linen supply, diaper service, industrial laundries, carpet and upholstery cleaners. Does not include coin-operated laundries.

F. Light Manufacturing. Includes the manufacture, assembly or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, but does not include such operations as saw and planing mills, or any manufacturing uses involving primary production of wood, metal or chemical products from raw materials. Typical uses include electronic equipment assembly, and computer component assembly.

G. Printing and Publishing. Establishments primarily engaged in printing by letterpress, lithography, engraving, screen, offset or other common process including electrostatic (xerographic) copying and other "quick printing" services; and establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. This also includes establishments that publish newspapers, books and periodicals, whether or not they do their own printing; and establishments manufacturing business forms and binding devices.

H. Recycling, Scrap, and Dismantling. Includes uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials, including the dismantling or wrecking of automobiles or other motor vehicles, or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. The presence on any lot or parcel of land of five or more motor vehicles which for a period exceeding thirty days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. Does not include landfills or other terminal waste disposal sites.

1. Enclosed. Includes recycling, scrap and dismantling within enclosed building.

2. Unenclosed. Includes recycling, scrap and dismantling not within a building.

I. Research Services. Includes establishments primarily engaged in providing research, testing, or other scientific analysis. Typical uses include soils and materials testing laboratories, electronics research firms and pharmaceutical research laboratories.

J. Specialized Industrial. Includes establishments engaged in activities that generate noise, vibration, odor, dust, or smoke similar to other industrial uses, but that do not clearly fit within another industrial use classification. This use type involves uses that are appropriately located with other industrial development and are not classified under either a commercial or civic use type. The director shall determine that a use is classified within this use type as prescribed in Section 17.13.050.

K. Wholesaling and Distribution. Includes establishments engaged in wholesaling, storage, warehousing and bulk sale distribution, including, but not limited to open-air handling of materials and equipment other than live animals. Does not include the outdoor storage of material which is classified under "equipment and materials storage yards." The following are wholesaling and distribution use types:

1. Light. Includes wholesaling, storage, and warehousing within enclosed structures. Typical uses include wholesale distributors, storage warehouses and moving and storage firms.

2. Heavy. Includes wholesaling, storage, distribution and handling of materials and equipment. Also includes uses engaged in the outdoor or indoor, long term or short term storage of large vehicles, and minor repair and maintenance of vehicles stored on the premises. Typical uses include truck terminal yards.

(Ord. 289 § 2 (Exh. A (part)), 2002)

Transportation and communication use types include the transfer of information and people by various means. Specific transportation and communication use types referred to in this title are:

A. Antennas and Communications Facilities. Includes commercial and private electromagnetic and photoelectric transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, microwave communications and data network communications; including commercial earth stations for satellite-based communications. Includes antennas, towers, and equipment buildings. (Also see Chapter 17.52, Antennas and Communications Facilities.)

1. Developed Lot. Located on a building or on the same lot developed with a permitted use.

2. Undeveloped Lot. Located on a vacant lot or not developed with a permitted use.

Does not include:

a. Home television and radio receiving antennas and HAM radio antennas, which are included under "residential accessory structures."

b. Telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections, which are included under essential facilities use type.

c. Satellite dishes, which are included under accessory structures regulations and subject to the standards of Section 17.34.030.

d. Communications facilities for community services provided by a public agency.

B. Heliport. Includes land improved and intended to be used for the landing and taking off of helicopters or vertical take-off and landing (VTOL) aircraft. Includes facilities for private non-emergency landings and take offs, and permanent life safety facilities. It does not include landing of helicopters or VTOL for emergency purposes, pursuant to the Public Utilities Code Section 21001 et seq.

C. Intermodal Facilities. Includes private establishments engaged in the provision of transportation of persons. Typical uses include bus stations and train depots.

(Ord. No. 352, § 1, 11-28-2018; Ord. 289 § 2 (Exh. A (part)), 2002)